Fort Lauderdale Car Accident Attorney Blog

Due to the economic downturn there was a two year drop in overall traffic congestion. It is thought as the economy rebounds so will our traffic problems. As traffic congestion grows so does the chance of being involved in a Fort Lauderdale car accident .

A published report from the Texas Transportation Institute at Texas A&M University illustrates the changing congestion picture. Congestion contributes to a significant number of accident cases handled by personal injury lawyers in Fort Lauderdale and West Palm Beach.

“This Urban Mobility Report begins an exciting new era for comprehensive national congestion measurement,” noted researcher Tim Lomax. “By combining the traffic speed data from INRIX with the traffic volume data from the states, we are now able to provide a much better and more detailed picture of the problems facing urban travelers.”

Highlights of the report include:

-Congestion costs continue to increase, from $24 billion in 1982 to $115 billion in 2009 as measured in 2009 dollars.

-Fuel wasted in 2009 was over 3.9 billion gallons. This amount equates to as much as the flow of Alaska Pipeline in 130 days.

-Commuter costs continue to rise from $351 wasted dollars per motorist in 1982 to $808 in 2009.

-The yearly traffic delay in 1982 was 14 hours; in 2009 it was 34 hours.

The study showed that for 2009 the congestion toll for Miami motorist was 31 extra gallons of fuel used and 39 hours of traffic delays. Compare these figures to when the study first came out in 1982; 7 extra gallons of fuel used and 10 hours of traffic delays.

“We have a great deal more confidence in the numbers we now have for the chaotic years of 2007, 2008 & 2009,” researcher Shawn Turner said. “Thanks to technology, we are using data that simply could not have been gathered a few years ago.”

Data gathering techniques have improved dramatically since the first published report in 1984. Access to hour by hour speed data has been the most important improvement to date.

“This year’s report is a remarkable game changer,” researcher David Schrank explained. “The new data address the biggest shortcoming of previous reports. The data show conditions for every day of the year and include the effect of weather problems, traffic crashes, special events, holidays, work zones and other factors directly impacting traffic flow.”

The 2010 report saw 11 new urban regions added and 3 new measures of congestion which include: Commute Stress Index (CSI), delays per commuter and delays per non peak motorist.

It also discussed how roadway operations and public transportation helped lessen the congestion problem. Both public transportation and roadway operations contributed to a $27 billion congestion cost savings.

“There is no rigid prescription – no ‘best way’ – to address congestion problems,” Lomax noted. “The most effective strategy is one where agency actions are complemented by efforts of businesses, manufacturers, commuters and travelers. Each region must identify the projects, programs and policies that achieve goals, solve problems and capitalize on opportunities.”
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In a recent South Florida Injury Lawyer Blog about distracted driving, we reported on the government’s request that automakers get involved in the fight against cell phone use and texting while driving.

Florida is one of a few states that do not currently have any law in place about distracted driving. Our Fort Lauderdale car accident attorneys frequently report on the risks associated with driving distracted. Whether cell-phone use, text messaging or talking to a passenger, distracted driving is one of the leading causes of car accidents from Fort Pierce to Fort Lauderdale.

For many states, texting is illegal and considered a primary offense according to Governors Highway Safety Association. Florida does not forbid texting or the use of hand-held devices by talking on a cell phone while driving for any drivers.

There is an increasing debate about whether the government should put so much emphasis into a campaign designed to encourage drivers not to drive distracted. According to a recent article in USA Today, distracted driving has always been a problem. Perhaps cell phones have exacerbated the problem, however many other driving safety issues could benefit from one-tenth the attention the government has given to distracted driving.

Distraction.gov refers to distractions as visual, cognitive, and manual. Some examples of visual distractions are reading a map, fixing your make-up, or watching a video. These distractions require that you take your eyes of the road to focus on another object. Cognitive distraction is when your mind is taken away from driving and wanders to something else. Talking on the cell phone or to another passenger in the vehicle can be considered cognitive distractions. Changing the radio station, eating, and drinking are examples of manual distractions that require you to take one or both hands off the wheel.

Florida Highway Patrol will not pull you over if you are using a cell phone so they offer the following safety tips instead:

– Don’t use your cell phone if road conditions are not safe or you are facing severe weather.

-Your first priority when you are behind the wheel should be to be a safe driver. If your cell phone distracts you then don’t answer it or talk while you are driving.

-If you feel you need to multi-task while you are driving, be prepared. Don’t jot down notes or look up a number while you are driving. It is important that your eyes stay on the road.

-Refrain from using your cell phone unless it’s a case of an emergency. Keep conversations short and if you feel like you are becoming distracted by your conversation, pull over into a safe spot until you finish the call.

-Never engage in stressful or emotional conversations while you are driving.
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Our Fort Lauderdale car accident attorneys know that public awareness regarding the depth and scope of traumatic brain injury in the U.S. has spiked due to studies linking TBI to athletics, injured Iraq War veterans, and most recently, the point-blank shooting of Congresswoman Gabby Giffords in a Tucson grocery parking lot on Jan. 8.

What we have learned, the Palm Beach Post reports, is that recovery from a TBI is as unique as the person suffering the injury. And, that if the injured person receives immediate basic care (airway unobstructed, blood pressure stabilized) they are much more likely to survive a head-trauma accident.

Nearly 2 million people sustain a brain injury in the U.S. each year, the Centers for Disease Control reports. Of them, 275,000 require hospitalization. Another 52,000 die from a wound most commonly caused by either a fall (35.2 percent) or a motor-vehicle accident (17.3 percent).

Falling is responsible for more than 60 percent of all TBI involving victims aged 65 and older. And among children 14 and younger, falls are responsible for half of traumatic brain injury accidents. The CDC reports that while car accidents are linked to less than 20 percent of all reported TBI, nearly 32 percent of all TBI-related deaths are linked to car accident injuries.

According to the National Institute of Neurological Disorders and Strokes, a TBI can be a “closed head injury” caused by blunt-force trauma or a “penetrating head injury” caused by a cranial puncture and contact with brain tissue. In either case, damage is a two-stage process. The first stage is the accident or incident of head trauma itself. The second stage addresses the effects – or “shock waves” – caused by the trauma. To diminish the impact of those injuries doctors may elect to remove blot clots and damaged brain tissue, or even part of the cranial bone itself if swelling becomes an issue.

Symptoms of a TBI can be difficult to detect or overt, depending on the damage. They can appear immediately or may take weeks to manifest. The injured party may or may not lose consciousness at the time of the accident.

In milder cases, TBI victims may complain of:
~ Persistent headache that gets worse
~ Ringing in the ears
~ Dizziness, lightheadedness, confusion
~ Blurred vision
~ Memory loss
~ Fatigue

In more moderate to severe cases of TBI, victims will demonstrate:
~ Vomiting/nausea
~ Persistent headache that gets worse
~ Slurred speech
~ Dilation in one or both pupils
~ Numbness in the extremities
~ Loss of coordination
~ Confusion

Of course any time you or a loved one suffers a blow to the head it is important to seek immediate medical attention to determine if there is an injury and what course of treatment will best offset the effects.
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The female driver of a black Thunderbird narrowly escaped serious injury or death when a large Ficus tree crashed down on her car as she was driving midday along East Camino Real, the Palm Beach Post reports.

A Fire Rescue spokesperson told the paper that the driver was “almost encased in a bubble” of tree limbs that shattered her windshield and crushed her car. It took chainsaws to free the driver, who stepped free of the vehicle after branches were cleared. She was in stable condition when transported to a local hospital for further evaluation.

Our West Palm Beach accident attorneys know that whether private or public, proper tree maintenance and pruning is a shared responsibility that includes property owners and local government, particularly when the tree in question spans both private and public land.

Aside from a state law (Florida Statute 163.3209) that establishes tree care right-of-way guidelines between land owners and electric or other distribution pathways, local ordinances in both Broward County and Palm Beach County address, among other things, historic tree and canopied street care. Palm Beach County requires either a replacement and removal permit; Broward County directed that all tree trimmers must be licensed.

Most Florida Ficus trees are of the variety more colloquially known as the Banyan tree. The first Banyan tree planted in the U.S., according to Wikipedia, was planted by Thomas Edison in Fort Myers. Originally 4-ft. tall, it has grown to 400-feet. Perhaps the most distinguishing feature of the Florida Ficus (aside from their potential girth, height and span) is their dreadlock-like, above-ground, exposed rooting system.

According to the University of Florida, improper landscaping design and plant selection have increased the need for more aggressive maintenance and pruning schedules for plant viability and the safety of those who live around them. The college recommends that pruning “should be a routine part of home-ground maintenance and not delayed until the landscape is overgrown.”

Pruning, in short, protects plants, the public and property owners.
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Residents of a Sebring mobile home park are turning to the media to address what they see as a traffic safety issue going overlooked in their community by county officials and local law enforcement, Tampa Bay Online reports.

During the last six years, residents say, four Florida drivers have crashed their cars into one of the mobile homes along Whisper Lake Blvd.; destroying property, killing pets and terrifying residents. Many park residents believe that at 45 m.p.h. the speed limit is too high to be safe along the curvy residential road. Others say inadequate enforcement of the speed limit is the problem.

Whatever the case, both excessive speed and poor road design have been linked to each prior Florida car accident.

Our Fort Lauderdale car accident attorneys know there are many causes of serious and fatal car accidents. Defective roads can be one of them. Missing street signs, inoperative signals, overgrown vegetation, missing or defective guardrails and inappropriate speed limits may also contribute to an accident. In such cases, a local government or Home Owners Association my be partially liable.

The latest incident of car-meets-house happened in the early morning hours of Jan. 17 when the couple living at 1100 Whisper Lake Blvd. awoke to find a dark blue Acura on its side in their Florida room. The driver was gone.

The park manager told Tampa Bay Online that after the last car accident the attorney for a group of residents contacted the county asking that guardrails be installed along the road. Commissioners declined the request. Not enough occurrences, the park manager said.

During that crash – in March 2010 – the struck mobile home erupted in flames. When the homeowner tried to put the fire out, he realized the crash had taken out his water hook-up. He said that the driver’s auto insurance paid some, but not enough to restore the home.

And about that. There is a significant difference between a car striking a brick-and-mortar home and a mobile home, like those at the park. A car plowing through a mobile home will do a lot more structural damage and damage to water and electric hook-ups. And mobile home occupants are far more vulnerable to injury or death in the event a car does come barreling off the roadway and into their living room.

County officials say its frequency not number of accidents that determines whether or not the County will put up guardrails. As for speeding, that’s a law enforcement issue. Cops say that with current budget cuts, the Florida Highway Patrol no longer has a traffic enforcement unit. But, they will ramp up patrols if residents call and request the service.

We are betting if cars kept driving off the road into a golf course community, commissioners may have been more prone to taking action. An experienced accident lawyer should be called to collect damages. Next commissioners will no doubt be hollering about the high cost of personal injury and wrongful death lawsuits.

One online commenter to the TBO article suggested that if the county doesn’t want to spend the money on guardrails, well placed rumble strips would probably do the trick. “There is no doubt about it, highway design flaws cause deaths.”

According to the Florida Department of Highway Safety and Motor Vehicles, in 2009 careless driving contributed to 386 fatal Florida car accidents and 49,568 accidents involving injury. Florida drivers tagged for exceeding safe or stated speed limits were linked to another 232 fatal crashes and 3,651 injury accidents.
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Fifteen hundred fewer lives were lost on the nation’s roads during the first 11 months of last year, according to the National Safety Council.

As our Palm Beach personal injury lawyers recently reported on our Fort Lauderdale Car Accident Attorney Blog the 2,430 traffic fatalities recorded last year in Florida were the fewest reported since 1978.

Nationwide through November, there were 31,740 traffic fatalities, down four percent from the 33,180 reported during the first 11 months of 2009. That follows a 9 percent decrease over 2008 and a 10 percent decrease over 2007.

Still, more than 3.1 million motorists were seriously injured. Cost of accidents through November, including serious injury and death, was $216.5 billion. As a point of reference, ABC News is reporting concerns that the cost of treating cancer could soar to $158 billion a year by 2020.

While state after state has been quick to credit proactive law enforcement for the downturn in traffic fatalities, many experts point to the struggling economy as the primary factor. And, in fact, the NSC data shows traffic fatalities began increasing again last year in about a dozen states, mostly in the Midwest, as the country climbs out of the Great Recession.

The NSC reports that Florida had 2,128 traffic fatalities through the first 11 months of last year, a 10 percent reduction over the 2,363 recorded in 2009 and a 22 percent reduction over the 2,728 reported in 2008.

States with the highest two-year reduction included Louisiana (-30%), Mississippi (-23 %), Florida (-22%) and Oregon (-22%).

South Dakota (+17%) recorded the highest two-year gain.
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Florida reported fewer traffic fatalities last year than at anytime since Jimmy Carter was President, according to new information released by the Department of Highway Safety and Motor Vehicles.

However, as our Palm Beach personal injury lawyers reported on our Fort Lauderdale Car Accident Attorney Blog, Florida remains one of the most dangerous states in which to drive. And the winter tourism season can be especially hazardous as winter residents and visitors swell the traffic on South Florida roads.

In 2010, a total of 2,430 Florida traffic fatalities were reported — the fewest recorded since 1978, when Florida had half as many residents. In 2009, a total of 2,563 traffic fatalities were recorded in the Sunshine State.

“It is encouraging to see the number of traffic fatalities continue to drop, and the Department will continue our efforts to educate motorists and aggressively enforce the traffic laws to create the safest possible driving environment,” said DHSMV Executive Director Julie L. Jones. “Unfortunately, we know all too well the devastating impact that even a single fatality resulting from a careless, inattentive or impaired driver can have on a family and community.”

The full report is due out later this year. The 2009 report noted it was the fourth year in a row for a decrease in traffic fatalities. Still, more than 1,000 motorists were killed in drunk driving accidents. Fatal motorcycle accidents claimed 402 lives and 100 people died in bicycle accidents. Florida pedestrian accidents also continued to be a primary concern, with 482 pedestrians losing their lives in accidents.

“The Florida Highway Patrol is committed to patrolling Florida’s highways around the clock, every day of the year, to safeguard motorists and stop dangerous drivers,” said FHP Director, Colonel John Czernis. “Our law enforcement partners and public safety stakeholders also deserve credit for their efforts to keep our streets safe. Motorists can do their part when they buckle up every ride, every time.”
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The Florida Highway Patrol began its winter enforcement efforts over the holidays, issuing 40,667 citations, including 474 arrests for drunk driving.

Still, 56 people lost their lives in Florida car accidents during the 19-day enforcement period, according to the Florida Department of Highway Safety and Motor Vehicles.

“Our troopers worked hard to help our residents and visitors have a safe and enjoyable holiday period,” said Col. John Czernis. “Motorists who operate their vehicles in an unsafe fashion are a danger that puts innocent lives at risk. The men and women of the Florida Highway Patrol did their part to identify the unsafe drivers and take the steps necessary to decrease that risk.”

However, the risk of car accidents in Port St. Lucie, West Palm Beach and Fort Lauderdale increases as the winter tourist season begins in earnest. As our Fort Lauderdale accident attorneys frequently report, Broward, Miami-Dade and Palm Beach counties report more traffic fatalities each year than any other area of the state. And the first four months of the year are among the most dangerous as winter residents and tourists swell the amount of traffic on area roads.

The National Highway Traffic Safety Administration reports that Florida joins California and Texas as the states with the highest number of most types of accidents, including car accidents, truck accidents, motorcycle accidents, pedestrian accidents and bicycle accidents.
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In light of the utter lack of action by state politicians, Floridians are increasingly banning together to reduce the risk of distracted driving car accidents in Fort Lauderdale, Fort Pierce and elsewhere in South Florida, the Sun-Sentinel reports.

Our Port St. Lucie car accident attorneys are frequently called to fight for the rights of clients who are seriously injured or killed in car accidents in which distracted driving played a role. Text messaging and cell phone use are among the most common causes but eating, drinking, playing with the radio, talking to passengers and gawking at external distractions are also common causes of such preventable tragedies.

Nationwide, the National Highway Traffic Safety Administration estimates about 5,000 people are killed and more than 500,000 are injured each year in accidents caused by distracted driving. The Governors Highway Safety Association reports Florida is one of only a handful of states that have done nothing to outlaw text messaging, even by teen drivers who are already at high risk.

Thirty states have outlawed text messaging so far and eight others prevent all hand-held cell phone use. Not only have Florida lawmakers failed on this front, they are one of the few state legislatures in the nation that have passed a law preventing local cities from enacting their own ordinances to protect the public.

Meanwhile, Florida joins Texas and California as the three states with the most fatal accidents each year, including car accidents, trucking accidents, motorcycle accidents, bicycle accidents and pedestrian accidents.

Those taking matters into their own hands include a South Florida congresswoman-elect, high school students, parents and a Boca Raton software company that makes PhoneGuard, an anti-texting app for smart phones. Even Disney has weighed in, announcing last month a ban on texting for all employees.

A study by the University of North Texas contends there were an estimated 16,000 deaths as a result of texting between 2002 and 2007. And the Insurance Institute for Highway Safety reports that drivers who use cell phones are four times more likely to be involved in an injury accidents.

Teenagers are most at risk, with 9 in 10 engaging in some form of distracted driving. A separate study found that texting and driving can add 30 feet to the necessary stopping distance, compared to 15 feet for drinking and driving.

Don’t wait on the lawmakers, resolve to put your cell phone down and become a safer driver in 2011.
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