Florida Injury Attorney Blog

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" »