Florida Injury Attorney Blog

Already, two South Florida bus accident lawsuits have been filed in the deadly crash that occurred at Miami International Airport on December 1. Two people died and several others sustained injuries serious enough to warrant medical care at a hospital. The vehicle was transporting more than 30 members of a Jehovah’s Witness congregation to West Palm Beach at the time.

According to police, bus driver Ramon Ferreiro drove the vehicle into an 8-foot-6 inch overpass. The collision sheered off the first 16 feet of the bus, caused its roof to become smashed in, and threw some passengers into broken glass and metal while ejecting others.

The Miami-Dade bus accident happened even though there are big signs posted close to the overpass warning the operators of big vehicles not to enter under. The Miami Herald reports that Ferreiro, who made a wrong turn onto South Le Jeune Road, appears to have ben going too fast. He has not, however, been charged with any crime.

One of the victims, Miriam Lorenza Machado is seeking Miami personal injury compensation. Machado says that the crash left her with numerous injuries to her spine, face, spleen, face, and ribs, as well as fractures, internal bleeding, disability, pain and suffering, mental anguish, disfigurement, aggravation, and the reactivation of an existing health issue. She is seeking damages for medical bills, her now diminished capacity to enjoy life, lost income, nursing expenses, and other applicable causes.

Machado is suing both Ferreiro and the company that owns the bus, Miami Bus Service Corp. Her legal team is accusing the bus operator of driver inattentiveness, lacking the proper qualifications and training, as well as poor trip planning.

Also suing is the family of Francisco Urena, who is one of the two passengers who did not survive the crash. Their Miami wrongful death case accuses Ferreiro of failing to fulfill his duty to the passengers to exercise reasonable care.

Miami Bus Accident Lawsuits
Buses that are considered common carriers are obligated to make sure that they exercise a higher level of care and safety than typical motorist. Failure to exercise this duty can prove deadly for passengers and those on the road at the time of a crash. Most buses don’t have seatbelts, which means that any time there is a serious collision, occupants are at risk of being thrown around in or ejected from the bus. With so many people able to ride in a bus at the same time, the chances of further injury from occupants striking each other is also high.

You want to work with a Miami bus crash law firm that is familiar with federal and state guidelines that may govern your case. Depending on what happened, there may even be multiple liable parties, such as the bus driver, the bus operating company, the owner of the bus, the party that chartered the bus, a bus manufacturer, and/or others.

Lawsuit Filed in Fatal Miami International Airport Bus Crash, NBC Miami, December 7, 2012

Two Lawsuits Filed Against Driver, Bus Company In Deadly MIA Bus Crash, CBS Miami, December 7, 2012

Driver of fatal MIA bus crash that killed two offers his “deepest sympathy," Miami Herald, December 6, 2012

More Blog Posts:
Florida Auto Pile Up Kills 11, Injures At Least 18, Florida Injury Attorney Blog, February 2, 2012

With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, Florida Injury Attorney Blog, December 29, 2011

Will Federal Ban Barring Bus Operators and Truckers from Texting Lower the Number of Florida Truck Crashes?, Florida Injury Attorney Blog, February 2, 2010

A series of Florida car crashes earlier this week on I-75 has claimed the lives of 11 people, injuring at least 18 others. The collisions, which are being described as a massive auto pileup, all happened south of Gainesville at around 4am on Sunday.

Heavy fog and brush fire smoke played a role in creating less than ideal conditions on the road that morning. According to the Florida Highway Patrol, seven tractor-trailers and 12 cars were involved in different accidents, which occurred on both sides of the highway.

In one collision, a tractor-trailer and two cars caught fire, melting asphalt. There also were crumpled cars on both southbound and northbound lanes and on the shoulders. Media reports describe the disaster area as being a mile long.

Visibility was so bad that at first rescuers could only find victims by listening for them. They spent the day spraying foam onto wrecked multi-vehicles, while some victims had to be pried out of their autos.

As of Thursday, eight of the people who were injured were still in hospitals. One of the victims still in fair condition is 15-year-old Lidiane Carmo, who lost her parents, brother, and sister in the Florida car accident they were involved in.

Just hours before the Florida auto pileup, authorities had closed off an area of the highway following a three-auto collision that caused one serious injury. According to authorities, they reopened the area just minutes before the collision. One witness said you could hear vehicles striking each other while people were screaming and crying. Steven R. Camps is quoted by the AP as describing the scene as looking “like the end of the world.”

The National Highway Transportation Board has investigators working to determine what caused the deadly pileup.

While poor weather conditions can’t be blamed on anyone, in a situation such as this it is important to determine whether negligence played a factor in allowing the pileup to happen. Should the area of I-75 have remained closed following the first Florida car crash? Were there vehicles that were speeding, a driver who was driving drunk, or any other recklessness or carelessness that occurred that made it easier for an accident to happen in light of the bad driving conditions?

If you were injured in Sunday’s I-75 pileup or someone you love died as a result of it, you should speak with an experienced Florida car accident lawyer immediately. There may be more than one party that should be held liable. In some cases, it may be a government entity or property owner that could/should have acted in a way that would have prevented your motor vehicle crash from happening.

Trop and Ameen, PA represents victims their families injured in South Florida truck crashes, auto crashes, pedestrian accidents, bus accidents, motorcycle collisions, and other types of accidents. Your first consultation with our Miami car accident law firm is free. We have other law offices conveniently located in Naples, Hollywood, Boca Raton, Coral Springs, and West Palm Beach.

Questions remain in deadly Florida highway crash, AP, February 1, 2012

8 remain hospitalized after fatal Florida pileup, CNN, February 2, 2012

More Blog Posts:
Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, FIorida Injury Attorney Blog, January 6, 2012

With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, FIorida Injury Attorney Blog, December 29, 2012

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

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" »

Considering that this week is National Teen Driver Safety Week, it is good time to remember that traffic accidents are the number one cause of US teenager deaths. As a matter of fact, teens are involved in three times as many deadly car collisions as adults.

Our Hollywood, Florida car accident lawyers have seen the havoc that can occur when a teenager is seriously injured or killed in a crash. It is our job to help minors and their families recover compensation from all liable parties. While Florida’s Personal Injury Protection (PIP) coverage may cover part of the expenses sustained from being injured in an accident, sometimes, this just isn’t enough—especially when serious injuries or deaths are involved.

That said, teen drivers have also been known to cause serious Florida traffic crashes, resulting in injury to themselves and others. One reason for this is that young people tend to get easily distracted, which doesn’t help when coupled with their lack of experience on the road. The variety of mobile technology now available to everyone these days doesn’t help. Already, it can be hard to pull kids away from cell phones when they aren’t driving.

Now, however, according to a study by Students Against Destructive Decisions and Liberty Mutual Insurance, even though teens are becoming more aware of how dangerous texting while driving can be, more than half of the 2,294 high school students surveyed said that they sometimes still text while operate a vehicle, while 28% say that often text while driving.

Granted, Florida has no law making texting or talking on a cell phone while driving illegal. That still, however, doesn’t mean that it makes either activity less dangerous. Other distracting tech-related activities that a number of the teens that responded to the survey say they engage in while operating a motor vehicle:

• Access the Internet on a cell phone
• Change songs on an MP3 player or iPod
• Update their MySpace and Facebook accounts
• Use an iPad or another technology tablet
• Shoot videos with their cell phones
• Take photos with their cell phone

It is no secret that distracted driving can kill people. Adults too can cause serious injury when they use their cell phone to do any of the activities mentioned above.

Even though the offending driver likely intended to cause no harm, the tragic consequences that can occur are real. You may be able to file a Ft. Lauderdale car accident claim against a distracted driver that caused your loved one’s death or your injuries. In some cases, the distracted driver was operating the other vehicle. In other accidents, the driver who was distracted was the motorist in your vehicle.

Liberty Mutual and SADD Study Finds Texting While Driving By Teens Not Affected By Their Awareness of the Dangers; Text Conversations With Mom and Dad on the Rise, Marketwatch, October 19, 2011

National Teen Driver Safety Week

Distracted Driving, NHTSA

Teen drivers, CDC

More Blog Posts:
Drunk Driving May Have Been a Factor in Palm Beach Garden Car Crash That Killed One Teen & Sent Four People to the Hospital, Florida Injury Attorney Blog, September 30, 2011

South Florida Pickup Truck Crash Kills 2 Broward County Teens, Injures Four Others, Florida Injury Attorney Blog, April 20, 2011

Number of Broward County and Palm Beach County Traffic Deaths Drop in 2009, Florida Injury Attorney Blog, July 15, 2010

Continue reading "Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study" »

According to AAA, about 1.5 million Floridians are expected to get into cars and travel over the Memorial Day weekend. Another 1.8 million will likely get on a bus, airplane, or train to go somewhere. Still others are expected to get on their chosen mode of transportation and head to Florida.

With so many people traveling, the chances of a South Florida traffic crash happening can go up. Speeding, unfamiliarity with the roads, drunk driving, distracted driving, and congested traffic that can trigger impatience and shorten tempers, are just some of the reasons why car accidents may occur over the holiday weekend. Our Miami motor vehicle crash lawyers hope that you arrive safely to and from your different destinations. However, accidents can happen and driver error or carelessness is a common cause.

You may not be able to control the behavior of other drivers, but there are safety precautions that you can take to protect yourself and decrease the chances you will be involved in a traffic crash, including:

• Don’t speed
• Give yourself plenty of time to get to your destination
• Inspect your car’s tire pressure, fluids, and wipers before going anywhere
• Get an oil change if it’s time for your car to have one.
• Be a defensive driver
• Know where you are going
• Be aware that some vehicles, such as large trucks, have blind spots
• Be patient on the road. Know that everyone just wants to get to wherever they are going safely
• Don’t drive while distracted
• Pay attention
• Don’t tailgate
• Use a safety belt
• Don’t drive while drunk or let anyone else whose drunk drive your car
• Obey traffic rules
• Watch out for pedestrians

If you or someone you love was injured because of someone else’s carelessness or recklessness, contact our Palm Beach car accident lawyers today.

Hitting Florida roads this weekend? Here's what to know about gas prices, travel, savings, Sun-Sentinel, May 26, 2011

Related Web Resources:
Florida Department of Highway Safety and Motor Vehicles

NHTSA

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

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

Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, Florida Injury Attorney Blog, March 16, 2011

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 US Department of Transportation recently released its Distracted Driving facts for 2009. At this year’s Distracted Driving Summit in Washington DC, US Transportation Secretary Ray LaHood called distracted driving an “epidemic.” While many US states have some type of cell phone driving restriction in place, such as a ban on handheld cell phones or texting and partial restrictions that apply to younger drivers or bus drivers, Florida does not.

In South Florida, our Miami car crash law firm represents clients injured in all kinds of motor vehicle crashes that occurred because other parties were negligent. Distracted driving is a type of negligent driving. While drivers that talk on the phone or text likely never intend to hurt anyone with these seemingly harmless actions, the latest statistics show that distracted driving is dangerous.

2009 Distracted Driving Facts:
• 5,474 traffic deaths
• 448,000 motor vehicle crash injuries
• Cell phone use was a factor in 995 of the distracted driving fatalities and 24,000 of the traffic injury accidents during 2009.
• Distracted driving was involved in 16% of all deadly US crashes and 20% of all traffic injury accidents last year.

Also at this year’s Distracted Driving Summit, Mr. LaHood announced that hazmat truckers will be banned from talking on a cell phone or texting. This, in addition to the Federal Motor Carrier Safety Administration’s formal rule that bus drivers and commercial truckers be permanently barred from texting while driving buses and trucks, will hopefully decrease the number of Florida truck crashes that happen each year.

Although texting and talking on phone are commonly referred to when the subject of distracted driving comes up, they are not the only ways that a motorist can become distracted while attempting to multitask while operating a vehicle. Other examples of "distracted driving" activities that can cause Florida traffic crashes:

• Eating
• Reading a book or a map
• Surfing the Internet
• Watching a movie on a laptop
• Playing games on a PDA
• Playing with or taking care of a pet

Distracted Driving 2009 Facts, NHTSA (PDF)

FMCSA Posts Ban on Texting While Driving, Trucking Info, September 22, 2010

Related Web Resources:
Governors Highway Safety Association

Distracted Driving

Continue reading "NHTSA Reports 5,474 Distracted Driving Deaths in 2009" »

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

According to a report issued by the Florida Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles, in 2009, the number of Palm Beach County traffic deaths went down 30% from 2008, while the number of Broward County traffic fatalities dropped 20%.

More 2009 Traffic Statistics from the Report:

• 151 Palm Beach County traffic fatalities
• 189 Broward County traffic deaths
• 2,563 Florida traffic deaths in 2009 (down from the 2,983 traffic fatalities from the year before)
• Traffic deaths in Broward County have been dropping since 2005
• 153 Florida teen driver-related deaths (193 fatalities in 2008)

Our Miami car accident lawyers are always happy to hear about any decline in traffic crashes, injuries, and deaths. That said, if you or someone you love was injured in a Broward County car crash or a Palm Beach County motor vehicle collision, it is important that you explore your legal options right away.

Also, there is more good news in terms of declining South Florida traffic deaths. Two years after the state launched a safety campaign to decrease the number of Florida motorcycle fatalities, these efforts are continuing to pay off. In 2009:

• Florida motorcycle deaths dropped 24%
• Broward County motorcycle fatalities involving passengers and drivers saw a 38% drop
• Palm Beach County motorcycle deaths declined by 47%
• There are 30,990 registered Palm Beach County motorcyclists
• There are 44,349 registered Broward, County Florida motorcyclists

Traffic injuries can be life-altering for the victim and his/her family. While Florida’s Personal Injury Protection provides some coverage, it may not take care of expenses that can be incurred from living with a permanent traumatic brain injury, a spinal cord injury, or another type of catastrophic injury, as well as cover any loss of income and/or benefits that a person would have earned if only he/she would have been able to keep working. We know that no amount of money financial recovery can make up for losing your loved one but it can provide some relief for damages, injuries, losses, and expenses.

raffic fatalities in Palm Beach, Broward counties drop, Sun-Sentinel, July 15, 2010

South Florida motorcycle deaths down after more than a decade of increases, Sun-Sentinel, July 14, 2010

Traffic Crash Statistics Report 2009, Florida Highway Safety and Motor Vehicles (PDF)

Related Web Resources:
Florida Department of Transportation

Florida Highway Safety and Motor Vehicles

Although Florida currently doesn’t have any laws making it illegal for drivers in the state to text message or talk on any kind of cell phone will operating their motor vehicles, the federal government is now barring commercial bus drivers and truckers from texting while driving. This new law should hopefully prevent some deadly Florida truck collisions from happening—considering that research from the Virginia Tech Transportation Institute reports that truckers who text have a 23 times greater chance of being involved in a truck crash than truck drivers who don't text. Some skeptics, however, are wondering whether these bans can be enforced.

Over the last several months, Obama Administration has been taking steps to make sure that people become aware of the dangers that come with talking on the phone or texting while driving. Federal employees are now banned from doing either activity while on the job and the US Department of Transportation recently launched Distraction.gov, a Web site focused on further increasing public awareness. Texting and talking on a cell phone prevent a motorist from placing their full attention on driving. Texting is especially dangerous because drivers have to take their hands and eyes off the road for a few seconds minimum, which is more than enough time for a fatal Florida motor vehicle crash to happen.

While some US states and the District Columbia have laws banning texting and/or talking on a handheld cell phone, the Highway Loss Data Institute is reporting that these restrictions do not appear to be reducing the number of car crashes in those states. Could it be that people who used to talk on handheld cell phones are still talking while driving but are now using hands-free devices? Lawmakers were hoping that keeping both hands on the steering wheel would prevent cell phone driving accidents from happening, but there is mounting evidence that engaging in any conversation that is located anywhere else but in the car still takes the driver’s mind off the present driving conditions.

Our Miami truck crash lawyers are all too familiar with the injuries and deaths that result each year—at least 1.6 million auto accidents, reports the National Safety Council—because of motorists who were texting or using cell phones.

New distracted driving restrictions on commercial truck and bus drivers, US Department of Transportation, January 26, 2010

Study: Distracted-driving laws don't stop crashes, Seattle Times, January 29, 2010

Obama to Federal Employees: Don't Text and Drive, Washington Post, October 2, 2009

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, VTNews, July 29, 2010

Cell Phone Driving Laws, Governors Highway Safety Association

Distraction.gov

Continue reading "Will Federal Ban Barring Bus Operators and Truckers from Texting Lower the Number of Florida Truck Crashes?" »

This week, lawmakers, safety experts, law enforcement officials, and members of the public turned the spotlight on distracted driving. More than 250 people attended the US Department of Transportation’s Distracted Driving Summit, which focused on the dangers of multitasking while driving. Cell phone use and texting while driving, now the main means that many people communicate, were among the primary distracted driving habits that were discussed.

Statistics from 2008, provided by the National Highway Traffic Safety Administration, reported close to 6,000 distracted driving deaths and more than half a million injuries. During any day last year, over 800,000 drivers used a handheld cellular phone while behind the wheel.

On Wednesday evening, President Obama signed an executive order banning federal workers from texting when they are riding a government-owned motor vehicle or while driving while on the job. Yesterday, the Obama Administration announced that it will press US states to pass distracted driving laws. The government also says that it is working on banning interstate bus drivers and truck drivers from text messaging while driving.

According to Virginia Tech researches, reaching for an electronic device or dialing a phone increases any driver’s crash risk by 6 times. Truckers who text increase their truck accident risk by 23 times. Car and Driver magazine says texting while driving is even more dangerous than driving under the influence of alcohol.

There are no laws in Florida banning people from texting or that restricts cell phone use while driving. This means that Florida motorists are free to engage in both activities without fear of any legal repercussions—but that doesn’t mean that there are no tragic consequences that can ensue.

As US Transportation State Ray LaHood reminded summit attendees, it only takes a few seconds for a catastrophic car accident to happen. It takes many distracted drivers even longer to dial a cell phone, read text messages, fiddle with an iPod, surf the web, paint their nails, or read a magazine.

Distracted drivers can be held liable for Florida personal injury or wrongful death.

Texting while driving banned for federal workers, Los Angeles Times, October 2, 2009

Govt: Nearly 6,000 deaths from driver distraction, AP, September 30, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

National Safety Council

Continue reading "A Few Seconds of Distracted Driving Can Cause Devastation, Says US Transportation Secretary Ray LaHood" »

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

A Florida mother is suing Adujar Transport Inc., Comtrak Logistics Inc., and truck driver Renaldo Andujar-Gonzales for personal injury. Rhonda Arbuckle’s three children, JaSena, 11, Natalie, 13, and Joshua, 16, sustained injuries on September 23 when a semitrailer, driven by Andujar-Gonzales, crashed into the Marion County school bus they were riding on US 301, south of Citra. Both the 1991 Freightliner and the school bus caught fire.

According to her Florida truck accident lawsuit, Arbuckle, who ran to the crash scene, pulled her kids off the bus. She then tried to rescue another child, but a small blast made it impossible. Frances Margay Schee, 13, would end up dying in the accident. Eight other students, the bus driver, and Andujar-Gonzales were taken to hospitals for treatment of their injuries.

Arbuckle wants damages for herself and her three children. She is accusing Andujar-Gonzales of negligence and the trucking and transport companies of vicarious liability.

Many people believe that the bus-truck crash could have been prevented. The bus was reportedly stopped when it was rear-ended by the semi-truck.

The Florida Highway Patrol is investigating the accident. A preliminary accident report indicates that the truck's faulty brakes may have contributed to the crash. The semitrailer that Andujar-Gonzales was driving reportedly was taken out of service earlier that day because of brake problems. Andujar-Gonzales also told investigators that he was using his cell phone right before the accident and did not see the bus.

Cell Phone Use When Driving
While the state of Florida does not prevent motorists from using hand-held cellular phones while they are driving, studies have shown that driving while talking or text messaging on a cell phone can increase the chances of a motor vehicle accident occurring. A driver is more likely to take his or her eyes off the road while dialing or texting. He or she may also become so absorbed in the conversation that driver distraction can occur.

Parent Files Lawsuit In Fatal School Bus Crash, CFNews13.com, November 6, 2008

Lawsuit filed in bus-truck crash, Ocala.com, November 6, 2008

Related Web Resources:
Cell Phone Driving Laws, GHSA.org

Cellphones and Driving, III.org

11 middle school children were taken to hospitals around the Tampa, Florida area last Tuesday morning, after the school bus they were riding in went off the road and ran into the treeline on South Falkenburg Road in Riverview.

About 30 kids were on the bus at the time of the accident. Police say that the driver may have struck a curb and lost control of the large motor vehicle.

Bus driver Eugenie Schuler, was given a citation for careless driving. The students all study at Giunta Middle School in Riverview.

School Bus Accidents
According to national data from 2006, some 17,000 school kids are sent to emergency rooms because they were injured in a school bus-related accident. 25% of those accidents occurred while a child was getting on or off the bus.

Injuries can range from minor cuts and bruises to broken bones, disfigurement, and wrongful death. Bus driver error, mechanical failure, speeding, drunk driving, dangerous roads, improper maintenance, and driver negligence are some common causes of school bus accidents.

When parents puts their child on a school bus, they very likely have the expectation that their son or daughter is in safe hands. It can be especially traumatic for a child and his or her family when a serious injury results while going to or coming home from school. If your child is injured in a school bus-related collision, you could have grounds for filing a personal injury lawsuit.

Injuries to Minors
In Florida, you must be 18 years of age or older to file a personal injury claim or lawsuit. Otherwise, a parent, guardian, or another adult must file the claim for you. This will allow your child to get the compensation that he or she needs for the medical care required for recovery.

If your child is injured in a school bus crash, you should speak with a personal injury lawyer first before speaking to the school, the school bus company, or with any insurance companies. A personal injury attorney can apprise you of your rights and prevent you from reaching a settlement that is less than what you deserve and doesn’t take into account all the costs, pain, and suffering associated with your child’s bus injury.

School bus driver cited in Riverview crash, Tampabays10.com, September 4, 2007

School bus injuries much higher than thought, MSNBC.com/AP, November 6, 2007

Related Web Resources:

Opinions vary on school bus seat belts, Pantagraph.com, September 7, 2007

Traffic Safety, NHTSA

Continue reading "11 Children are Injured Near Tampa in Florida School Bus Accident" »