Florida Injury Attorney Blog

At this time, there are no restrictions against cell phone use or texting while driving in the state of Florida. This however, may change, as state legislatures are scheduled to get together early next year to consider a possible ban on texting.

Supporters of a texting while driving prohibition may get the extra boost they need following the recent recommendation by the National Transportation Safety Board that all cell phone use while driving—unless the situation is an emergency—be prohibited. Although the NTSB cannot make law, its recommendations are strongly considered by lawmakers.

The safety board has even called distracted drivers a threat to public safety, and although there are other distracted driving behaviors that can also lead to car crashes, talking on a cell phone and texting while driving appear to be two habits that many people can’t seem to quit. In South Florida, our Miami personal injury law firm represents clients injured or who have lost loved ones in all types of traffic crashes.

According to the National Highway Traffic Safety Administration, distracted driving played a role in at least 3,092 US motor vehicle crashes last year. The federal safety agency recently released its findings from its first national survey tracking the public’s awareness, attitudes, and behavior regarding texting, cell phones, and driver decisions.

6,002 adult respondents (18 and older) took part in the phone survey. Interviews took place during the last two months of 2010. Per the survey’s findings:

• Most motorists don’t like it when other drivers text and drive, but they think that they are safe when they are the ones doing it.
• Almost 1 out of 100 drivers can be found using a handheld device to text, e-mail, or engage in some other activity at any given moment of the day.
• Most drivers don’t see anything wrong with answering a phone while operating a motor vehicle.
• More than half of those who were surveyed don’t believe that making a call with a cell phone impacts their driving abilities.
• About 25% of those surveyed felt the same way about texting while driving.
• About half of drivers age 21-24 admit that they’ve e-mailed or texted while operating a motor vehicle.

Texting and driving are not the only distracted driving behaviors that can cause injury or death. Reading a book or magazine, surfing the Internet, inputting information onto your navigation system, putting on makeup, and even eating have been known to cause motor vehicle collisions.

National Distracted Driving Telephone Survey Finds Most Drivers Answer The Call, Hold the Phone, and Continue to Drive, NHTSA, December 2011 (PDF)

Distracted Driving, National Safety Council

More Blog Posts:
NHTSA Reports 2,445 Florida Traffic Deaths in 2010, Florida Injury Attorney Blog, December 8, 2011

Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

Florida Products Liability: Bill Could Make It Harder for Victims to Win Damages from Auto Manufacturers, Florida Injury Attorney Blog, May 4, 2011

Continue reading "With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead " »

According to the National Highway Traffic Safety Administration, there were 32,855 motor vehicle traffic accidents in the US last year—that’s the lowest number since 1949 and a 2.9% drop from the 33,883 people who died in 2009. The number of Florida traffic deaths also went down by 4.5%, at 2,445 fatalities. There were 115 more in 2009.

Our Miami motor vehicle crash lawyers represent clients throughout South Florida that were injured in car accidents, truck collisions, motorcycle crashes, pedestrian accidents, bicycle collisions, and bus crashes. Please contact us right away if you think you may have grounds for a claim.

Nationally, U.S. Transportation Secretary Ray LaHood applauded the decline in traffic deaths. He spoke about the progress made toward improving traffic safety while acknowledging that there was more to do to protect motorists.

More US Traffic Death Facts for 2010:
• 22,187 passenger vehicle occupant deaths,1,976,000 injuries
• 12,435 passenger car deaths, 1,258,000 injuries
• 9,952 light truck deaths, 732,000 injuries
• 529 large truck fatalities, 19,000 injuries
• 4,502 motorcycle crash deaths, 82,000 injuries
• 4,280 pedestrian fatalities, 70,000 injuries
• 616 pedalcyclist deaths, 51,000 injuries

Drunk driving was a factor in 31% of fatalities. Also, not all types of traffic crashes saw a drop. The number of large truck-related deaths went up from 2009 by 6%, and there was a slight increase in the number of motorcycle crash deaths as well. There was also an increase in pedalcyclist fatalities and pedestrian deaths. Regarding accident victims that survived with injuries, NHTSA estimates that the total number of motor vehicle injury victims went up in 2010 to 2.24 million people, which is a 1.2% jump from the 2.22 million that were injured in 2009.

Even though Florida provides Personal Injury Protection, if you or your loved one suffered serious injuries in a Palm Beach car accident, you should immediately explore your options by contacting a South Florida injury lawyer. Recovering from a car crash can be tough and costly, as is losing someone you love in a collision. You may not know the extent of your injuries right away, which makes getting a good sense of how much you may ultimately owe in medical and recovery bills tough. This is another reason why you should have an experienced Hollywood, Florida car accident law firm helping you.

Obviously, any decline in Florida traffic deaths is a step forward in terms of improving vehicle safety. Unfortunately, every day, someone is involved in a car accident in this country. As experienced Boca Raton personal injury lawyers, it is our job to make sure that our clients receive all the money owed to them by all negligent parties.

Updated 2010 FARS data includes new measure of 'distraction-affected' fatalities; national attitude survey offers additional insight into problem of distracted driving, NHTSA, December 8, 2011

NHTSA 2010 US Traffic Crash Facts (PDF)

More Blog Posts:
Pro Golfer’s Son Sustains Head Injuries in Palm Beach County Semi-Truck Crash, Florida Injury Attorney Blog, December 2, 2011

Coral Gables Wrongful Death Lawsuit Seeks Damages from 19-Year-Old Allegedly Drunk Driver, Florida Injury Attorney Blog, November 3, 2011

Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

Continue reading "NHTSA Reports 2,445 Florida Traffic Deaths in 2010" »

A bill has now been approved by both the House and the Senate that will likely alter the landscape of who is held liable in Florida auto products liability lawsuits. SB142 requires juries to “consider the fault of all persons” who played a role in causing the traffic crash when trying to determine damages in this type of case. Governor Rick Scott is expected to sign the bill into law.

The new law would neutralize and overturn a Florida Supreme Court ruling from 2001 when the justices said that evidence of what primarily caused the crash, such as a drunken driving or driver error, cannot be brought into defective product cases. In D’Amario v. Ford Motor Co, the justices reversed the decision of the jury in siding with automaker. Ford had claimed that a teenage passenger sustained severe burns and lost three limbs because the driver of the car had been drunk and speeding and crashed the car. The victim's mother Karen D ‘Amario, however, contended that the blast wouldn’t have occurred if the relay switch on the fuel pump hadn’t been defective. When issuing their ruling, the justices determined that evidence of driver negligence confused the jury and should not be brought into cases in the future alleging “enhanced” injuries.

Florida Auto Products Liability
Now, more than ever, it is important that you are represented by an experienced Miami personal injury firm that knows how to make sure you obtain the maximum recovery possible from all liable parties. Car manufacturers are supposed to ensuring that their vehicles and accompanying parts have no defects that could cause serious injuries or deaths during a traffic crash. Examples of common auto defects include those involving:

• Sport utility vehicle rollovers
• Tire blowouts
• Roof crush
• Seatback collapse
• 15-passenger vans
• Faulty seat belts
• Air bags

That said, there may be other parties who should also be held liable for your Palm Beach car defect injuries.

Fla. lawmakers limit lawsuits against auto makers, Miami Herald, May 4, 2011

Fla. House passes bill changing fault rules in liability cases, Naples News, May 4, 2011

Florida Senate Moves to Curb Liability Suits Against Car Makers, Insurance Journal, March 17, 2011

Related Web Resources:
SB142, The Florida Senate

Florida Governor Rick Scott

Florida Supreme Court

More Blog Posts:
Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others, Florida Injury Attorney Blog, April 6, 2011

Mother Awarded $330 Million Florida Car Accident Verdict Over Daughter’s Wrongful Death, Florida Injury Attorney Blog, November 10, 2009

Continue reading "Florida Products Liability: Bill Could Make It Harder for Victims to Win Damages from Auto Manufacturers " »

The National Highway Traffic Safety Administration reports that with 2,558 Florida traffic deaths occurring last year, the state saw a 30% decline in highway fatalities from the year before when there were 2,980 Florida motor vehicle crash deaths. Alcohol was a factor in 770 of the 2009 Florida auto crash deaths.

Our Miami car accident law firm considers it good news any time there is a decrease in the number of Florida motor vehicle deaths. This decline in fatalities was also reflected nationally last year in what U.S. Transportation Secretary Ray LaHood is calling the lowest highway fatality number since 1950. Highway deaths dropped from 37,432 in 2008 to 33,808 in 2009.

According to David Strickland, NHTSA’s administrator, anti-drunk driving initiatives and educating people about the importance of seat belt use have contributed significantly to the declining traffic death toll. Law enforcement and safety officials also began taking more aggressive measures to discourage distracted driving, which causes thousands of US traffic crashes annually.

More 2009 US Traffic Safety Facts:
• 2,217,000 Traffic crash injuries
• 17,000 Large truck injuries
• 503 Large truck deaths
• 90,000 Motorcycle accident injuries
• 4,462 Motorcycle crash deaths
• 59,000 Pedestrian accident injuries
• 4,092 Pedestrian accident deaths
• 51,000 Pedalcyclist accident injuries
• 630 Pedalcyclist crash deaths
• 10,839 Drunk driver-related deaths
• 770 Florida drunk driving deaths

Even if you are covered under Florida’s Personal Injury Protection (PIP), you should still explore your Ft. Lauderdale personal injury options. Many Palm Beach car crash injuries are catastrophic and costly and you may want and need to hold any liable parties responsible to help cover your associated damages and costs.

2009 Data Show Major Across-the-Board Declines in all Categories, September 9, 2010
Despite a Slight Increase in Road Travel, NHTSA

Highlights of 2009 Motor Vehicle crashes, NHTSA, August 2010 (PDF)

Related Web Resources:
Florida Department of Transportation

Advocates for Highway and Auto Safety

Through the end of Labor Day weekend on September 7, police in Florida are taking aggressive measures to search for and arrest anyone found driving while impaired. The crackdown is part of a nationwide campaign called “Drunk Driving. Over the Limit. Under Arrest. People that are caught speeding or riding in a vehicle without using a seatbelt will also be apprehended.

In Florida, Labor Day weekend is considered one of the deadliest periods of the year for drivers. Last year, 36 people died in Florida traffic accidents during this long weekend and alcohol was a factor in 12 of those fatalities.

Also in 2008, there were over 22,000 alcohol-related Florida car accidents resulting in over 1,100 traffic deaths and over 15,700 injuries. The Florida county with the largest number of auto crashes involving alcohol was Miami-Dade County with 1,898 traffic accidents and 85 motor vehicle deaths involving alcohol.

Sobriety checkpoints have been set up in different locations throughout Florida and saturation patrols will be out in force.

Drunk driving continues to be one of the more common causes of South Florida traffic accidents and the rest of the United States. It doesn’t help that binge drinking continues to be a habit “on the rise” and not just among younger people.

A new study found in the American Journal of Psychiatry is reporting that in the 50-64 year-old age group, nearly 1 in 10 women and 1 in 4 men are “binge” drinkers. Binge drinking is a habit that makes a motorist more prone to cause a drunk driving accident if he or she decides to get behind the wheel of a motor vehicle while intoxicated.

The number of women arrested in the US for drunk driving has also increased. Nationally, about 2,000 traffic deaths a year involve a female drunk driver. 162,493 women were arrested for DUI in 2007, compared to the 126,000 female DUI drivers in 1998.

Drunk driving accidents often result in catastrophic injuries and deaths. A person injured in a South Florida car accident in Miami, Hollywood, Naples, Palm Beach, or Ft. Lauderdale because another driver was intoxicated may have grounds for filing a personal injury lawsuit.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving. Releases New Report Highlighting Increasing Number of Impaired Female Drivers, NHTSA, August 19, 2009

Binge drinking: It's not just for kids anymore, Los Angeles Times, August 17, 2009

Florida Law Enforcement to Launch Statewide Crackdown on Impaired and Unsafe Driving, Chipley Paper, August 21, 2009

Related Web Resources:
Florida DUI and Administrative Suspension Laws, Florida Department of Highway Safety and Motor Vehicles

2007 Drunk Driving Statistics, Alcohol Alert

12-year-old Pulio Chirino died today after he was hit by an SUV. Chirino, a West Palm Beach resident, was riding his bicycle to school when the tragic South Florida motor vehicle accident happened.

According to early police reports, the 5th grader was riding his bike into an intersection when the SUV hit him, dragging him at least 25 feet. Witnesses say he was wearing a helmet but that the protective gear fell off during the auto crash. Chirino was flown to Delray Medical Center where he was pronounced dead.

Witnesses say he may have been crossing against the light, meaning that drivers would have had the right of way at the time of the deadly West Palm Beach bicycle accident. A crossing guard wasn’t available to monitor the intersection.

The law enforcement officer in charge of assigning crossing guards to the area says that students who live in the vicinity where Julio’s family has a home usually go to a different school than the one that the 12-year-old attended. However, it is not uncommon for students in Palm Beach County to go to schools in other zones.

National Highway Traffic Safety Administration 2007 Facts:
• 698 pedalcyclists died in US motor vehicle crashes in 2007.
• 91 fatalities were kids belonging to the 14 and under age group.
• 73 of these 91 deaths were young boys.
• About 43,000 pedalcyclists sustained injuries in US motor vehicle crashes.
• 10,000 of these injury victims were age 14 or younger.

While it is important for Florida motorists to exercise caution when there are pedestrians and bicyclists in the area, they must be extra careful around child pedestrians and bicyclists who may not be as experienced as their adult counterparts when it comes to safely navigating their way across streets and intersections and around motor vehicles.

If your loved one is a child pedestrian or a bicyclist who was seriously injured in a South Florida car crash, you should speak with an experienced West Palm Beach personal injury lawyer about your case.

West Palm Beach boy on way to school struck, killed by SUV, Palm Beach Post, April 14, 2009

Children, 2007 Traffic Safety Fact Sheet, NHTSA

Related Web Resources:
Bicycle Safety, Myths and Facts, American Academy of Pediatrics

Pedestrian and Bicycle Information Center

Continue reading "12-Year-Old West Palm Beach Bicyclist Dies After He is Hit by SUV" »

In Broward County, a 16-year-old bicyclist died this weekend after colliding with a 1994 Jeep Grand Cherokee on Griffin Road. Richard Torrent, a Southwest Ranch resident, was pronounced dead at the Florida motor vehicle accident scene.

The driver of the sport utility vehicle, Bryce Stuehrenberg, of Davie, and his passenger, did not sustain any injuries. The Broward County Sheriff’s Office is investigating the cause of the traffic crash, which occurred just after 5am on Sunday.

NHTSA 2007 Pedalcyclist Facts
• Of the 3,214 traffic deaths in Florida last year, 119 of the victims were pedalcyclists.
• Nationally, 698 pedalcyclists died in 2007.
• 43,000 others sustained injuries.
• 153 of the pedalcyclists that died were younger than age 20.
• Traffic victims younger than age 16 made up 15% of all pedalcyclist deaths.
• 17,000 of the pedalcyclists who were injured were teenagers.

Bicycle Accident Facts
• In Florida, bicyclists younger than age 16 must wear a safety helmet when on the road.
• Wearing a helmet is the best way to prevent head injuries during a bicycle accident.
• A bicycle is considered a motor vehicle, and bicyclists, like car drivers, truckers, bus drivers, and motorcyclists, must obey the rules of the road.

It is important that motorists allow at least three feet of space when overtaking a bicyclist on the road. Drivers of cars, SUV’s, vans, trucks, and buses should also check for bicyclists when they are turning onto another road, backing out of a parking space, or opening a car door.

Teen bicyclist killed in crash in Southwest Ranches identified, Sun-Sentinel.com, November 17, 2008

Bicyclists and Other Cyclists, NHTSA

Related Web Resources:
Helmet Laws for BIcycle Riders, Helmets.org

Florida Bicycle Laws

Continue reading "16-Year Old Broward County Bicyclist Dies in Florida Traffic Accident" »

US Transportation Secretary Mary E. Peters says that there were 41,059 motor vehicle-related deaths in 2007—the lowest number of traffic fatalities/per year since 1992—and that 2.49 million people sustained injuries in highway accidents. The number of motor vehicle-related deaths in 2006 was 42,708 with 2.58 million reported injuries.

Peters attributed the decline in overall deaths to safer vehicles, aggressive law enforcement measures, and the federal government’s own efforts to prevent auto accidents. While the total number of traffic fatalities dropped, Peters noted an increase in motorcycle fatalities from 4,837 in 2006 to 5,154 deaths in 2007, accounting for 13% of all traffic fatalities last year. The number of injured motorcycle victims also increased from 88,000 to 103,000.

Other 2007 Traffic Statistics:

• Traffic deaths involving passenger vehicles dropped from 30,686 in 2006 to 28,933 in 2007.

• The number of pedestrian deaths decreased from 4,795 in 2006 to 4,654 in 2007, while the number of pedestrian injury victims increased from 61,000 to 70,000.

• Bicyclist deaths dropped from 772 deaths in 2006 to 698 deaths in 2007, with injuries to pedalcyclists dropping from 44,000 to 43,000 victims.

• The total number of large truck accident-related deaths dropped from 5,027 deaths in 2006 to 4,808 truck accident fatalities in 2007.

• The NHTSA reports that there were 3,214 motor vehicle deaths in Florida in 2007, which is a slight decrease from the 3,357 traffic deaths that occurred in 2006.

The data is part of the 2007 Annual Assessment of Motor Vehicle Traffic Crashes and People Injured compiled by the National Highway Traffic Safety Administration.

Our South Florida motor vehicle crash lawyers would like to discuss your case during a free consultation.

U.S. Secretary of Transportation Mary Peters Announces Historic Drop in Highway Fatalities and Rate, Dot.gov

Read the Summary of the NHTSA 2007 Report (PDF)

Related Web Resources:

Florida Department of Transportation

Continue reading "NHTSA Says Number of Traffic Deaths Declined in 2007" »

19-year-old Coral Springs resident Christian Anthony Martinez is dead after a car struck the bicycle he was riding on November 19.

Martinez was riding his bicycle on Northwest 39 Street. As he tried to cross Coral Ridge Drive, Martinez was hit by a 2005 Chrysler van driven by Dana Ball, also a Coral Springs resident.

Martinez was taken to North Broward Medical Center where he died from his injuries later that day.

In 2006, 124 bicyclists were killed in Florida. 39 bicycle passengers and 4,227 bicyclists sustained injuries in traffic accidents.

Bicycling, walking, jogging, running, skateboarding, and in-line skating are popular activities in sunny Florida. Unfortunately, the injuries that can result when a bicyclist or a pedestrian is involved in a car accident, bus crash, truck collision, or motorcycle accident can be catastrophic.

Common causes of bicycle accidents include:

• Speeding
• Drunk driving
• Failing to yield to a bicyclist
• Failure to see the bicyclist
• Failure to see the motor vehicle driver
• Failure to obey a traffic signal or sign

Many traffic accidents involving bicycles occur at intersections and crosswalks.

If someone in your family has died in a bicycle accident or any other kind of motor vehicle accident that you believe was caused by another party’s negligence or carelessness, you may be entitled to wrongful death compensation for the death of your loved one.

The statute of limitations for a motor vehicle-related death in Florida is two years from the date of death. You must retain the services of an experienced Florida wrongful death lawyer in order to file a successful wrongful death claim or lawsuit.

Bicyclist dies after being struck by vehicle in Coral Springs, Sun-Sentinel.com, November 20, 2007

Related Web Resources:

Bicycle Regulations, Florida Drivers.com

Bicycles, NHTSA

Continue reading "Florida Bicyclist Dies After Being Hit By Car in Coral Springs" »