Florida Injury Attorney Blog

According to a recent study that examined over four million records in the Fatality Analysis Reporting System from 1990 to 2010 involving minors and Halloween, October 31 is, indeed, the deadliest day of the year for child pedestrians. This the date when the kid pedestrian fatality rate goes up by more than double the average number from 2.6 child pedestrian deaths/day on other days to 5.5 fatalities. 6-7pm, which is a popular time for trick-or-treating, is considered the deadliest hour of Halloween and the period when nearly one fourth of child pedestrian accidents happen. 5-9pm is when over 60% of such incidents happen. State Farm and Sperling's BestPlaces jointly conducted the study.

In South Florida, if your son or daughter is injured in a Coral Springs child pedestrian accident today or on any other day of the year, please contact Trop & Ameen, PA right away and ask for your free case evaluation. You may have grounds for filing a claim or lawsuit against the party responsible for the crash.

More Halloween Child Pedestrian Statistics:
• Between 1990 and 2010 there were 115 Halloween child pedestrian fatalities.
• 32% of these deaths were kids from the 12-15 age group.
• Kids in the 5-8 age group made up the second largest demographic of child pedestrians killed on Halloween.
• Young drivers, ages 15-25, were involved in close to a third of these deaths.
• On a positive note, for every year between 2005 and 2010, the Halloween child fatality average rate has gone down.

Meantime, the Centers for Disease Control and Prevention and the National Highway Traffic Safety Administration are both reporting that kids are four times as likely to get hit in a car accident on Halloween than on any other day of the year.

Some of the reasons why:
• Darkness can make it harder for drivers to see pedestrians, especially smaller kids.
• Certain costumes, including masks, can make it hard for the wearer to see his/her surroundings, while other types of costumes can make it more difficult for motorists to see him/her.
• Adults and older teens, not just kids, often celebrate Halloween and some may choose to drink and drive on this busy night.

While parents and children need to be very careful tonight, motorists are equally responsible for making sure that they refrain from driving drunk or distracted driving. They need to pay careful attention and look to see who is on the sidewalks, crosswalks, and on the road. Driving more slowly through neighborhoods should help—especially as kids are more likely to excitedly run cross the streets to get from one house to another on this night.

Our South Florida car accident law firm has offices in Naples, Hollywood, Boca Raton, Miami, Coral Springs, Fort Lauderdale, Boynton Beach, and West Palm Beach.

'The Real Danger on Halloween': Kids Hit By Cars, USA Today, October 28, 2012

afety Halloween Tips for Parents and Drivers, KCSG.com, October 30, 2012

Halloween is 'deadliest day' for child pedestrian fatalities, Sentinel-Standard, October 29, 2012

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

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, Florida Injury Attorney Blog, December 29, 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" »

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

In South Florida this morning, another pedestrian suffered fatal injuries during a Lauderhill traffic accident when she was hit by a van on Inverrary Boulevard. The impact of the collision pushed the middle-aged woman onto the van’s windshield even as the vehicle traveled at least another 60 feet before stopping. The driver of the van sustained minor back injuries. Meantime, the Broward County pedestrian accident victim died on her way to a Fort Lauderdale hospital.

Today’s Lauderhill pedestrian accident comes a little over a month after another van, operated by a civilian accident investigator, struck a woman on a motorized scooter while she was crossing Indian Drive at Westgate Avenue. The woman who was riding the scooter, 68-year-old Barbara Guyton, sustained serious injuries during the Palm Beach County pedestrian accident. An accident report says that the driver, 44-year-old Gerlienus Marie Hester, failed to yield the right of way to Guyton.

Meantime, Palm Beach County authorities have stepped up their efforts to stop the growing number of pedestrian deaths—especially on Lake Worth Road, from Haverhill to Congress, which is often referred to as the “corridor of death.” Between January 1, 2008 and January 1, 2009, there were 25 Palm Beach bicyclist and pedestrian deaths in this area. According to the Florida Highway Patrol, there were 39 Palm Beach County pedestrian deaths and 335 injuries, which makes the county the second deadliest for bicyclists and the fourth most fatal for pedestrians. Florida is considered the deadliest state for bicyclists and pedestrians.

Our Broward County and Palm Beach County pedestrian accidents lawyers represent injury victims and their families. Any preventive measures to stop the growing number of pedestrian injuries and deaths is a step forward in the fight to save lives. Our Fort Lauderdale car accident attorneys know how tough it can be to get your life back on track after you or someone you love was seriously hurt in a traffic crash, and we want to remind you that you have legal options.

Woman struck by van in Lauderhill dies, Sun-Sentinel, August 10, 2010

Condition of scooter rider in crash with Palm Beach County van improves, Sun-Sentinel, July 7, 2010

Authorities work to halt pedestrian and bicyclist deaths on 'corridor of death', Palm Beach Post, July 16, 2010

Rise in pedestrian fatalities in Palm Beach County raises concern, Palm Beach Post, March 20, 2010

Related Web Resources:
Florida Highway Patrol

Florida Pedestrian Safety (PDF)

Continue reading "Woman Struck by Van Dies in Lauderhill Pedestrian Accident" »

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

The parents of 9-year-old Chrishna Edwards have been left devastated in the wake of her death from injuries she sustained during a Hollywood, Florida pedestrian accident. Edwards was crossing the street at around 5:45pm on Tuesday to greet a friend when a Toyota Corolla driven by Daniel Pagan hit her.

The 20-year-old motorist, who is cooperating with investigators, only has a learner’s permit. Another driver, Saleemah Wilson, says she had just stepped on the brakes of her vehicle to avoid striking Edwards when Pagan sped up to go around her auto and struck the girl. Wilson says that she was driving at a speed of about 25 mph and that Pagan appeared to be driving at about 45 – 50 mph.

The Hollywood, Florida car accident occurred in a residential area close to a school. Witnesses say that Edwards' father ran to her and was screaming and crying. They say they've been traumatized because they saw the Broward County traffic accident.

Child Pedestrian Accidents
With their youth, lack of experience, unfamiliarity with driving laws, inability to accurately gauge distances, speeds, and look out for their own well-being, and their ability to become easily distracted, children are at high risk of sustaining catastrophic injuries during a Florida pedestrian accident—especially when they are unaccompanied by an adult. Because of this, drivers cannot afford to be careless, reckless, or distracted when driving on a road where there are kids around. Motorists should:

• Not try to overtake a vehicle that is stopped or slowed at an intersection for pedestrian.

• Drive at the appropriate speed limit—especially in residential areas or near schools.

• Refrain from talking on the cell phone or texting.

• Pay attention to who and what is around the vehicle so as to avoid striking anyone or anything.

• While backing out of a driveway. make sure that there aren’t any children that have run behind the vehicle.

• Obey traffic signs and traffic laws.

• Even if your light has already turned green, If your pedestrian is already crossing the street let them pass.

• When driving near school buses, slow down in case a school kid darts out from behind the bus and into your lane.

Girl Dies After Being Struck On Hollywood Street, CBS4, May 5, 2010

Hollywood girl, 9, dies after being struck by car, Sun-Sentinel, May 5, 2010

Related Web Resources:
National Strategies for Advancing Child Pedestrian Safety, CDC

Fla. deadliest state for walkers, cyclists, USA Today, March 1, 2010

Continue reading "Hollywood, Florida Pedestrian Accident Claims Life of 9-Year-Old Girl" »

According to USA Today, 18-year-old Maria West died when she lost control of her vehicle while she was texting. She was partially ejected during the rollover crash and her skull was crushed. Another avid texter, 23-year-old John Bradley Breen, died in a car crash while texting with a young woman he was planning to date.

At this time, the state of Florida doesn’t have any laws prohibiting motorists, including teens and school bus drivers, from texting while driving. However, a House committee has pushed through a bill that would make texting a secondary offense. This means that a Florida cop would have to apprehend a motorist for some other reason before being able to cite him/her for texting.

Even though this distracted driving habit is legal in the state, our Miami car accident lawyers want to remind all of you of the catastrophic consequences that can result. Texting while driving is distracted driving, which is careless and reckless conduct. It increases your chances of becoming involved in a Palm Beach motor vehicle accident and it is a senseless way to die and/or accidentally kill or injure a pedestrian, another motorist, or the person riding with you.

Now, AT & T is kicking off a national campaign that warns about the dangers of texting while driving. True stories, including the last texts that were sent or received before certain tragic distracted driving accidents occurred, are part of the campaign. The messages that the wireless service provider hopes to communicate are: "Textng & Driving ... It Can Wait." and "No text is worth dying over."

AT & T hopes to especially impact teen drivers with the campaign. Teens are among those most likely to disregard the warning that texting while operating a motor vehicle is dangerous. With teens more easily prone to distraction and less experienced than adult drivers, texting teen drivers are a danger to everyone on the road, including themselves.

Texting Safety Tips from AT & T:

• Don’t text while driving
• Don’t text someone that you know is driving
• Don’t let people text while driving

AT&T Txtng & Drivng Campaign Urges Consumers That 'It Can Wait', PR Newswire, March 8, 2010

Word to youth: Texting, driving don't mix, USA Today, March 7, 2010

Related Web Resources:
Texting and Driving, AT & T

Cell Phone and Texting Laws, Governors Highway Safety Association

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, Virginia Tech News, July 29, 2009

Texting while driving puts Florida at center of national debate, Miami Herald, March 11, 2010

Continue reading "Prevent Florida Distracted Driving Collisions by Discouraging Motorists From Texting" »

According to Transportation for America, the four most dangerous US cities for pedestrians are located in Florida:

• Orlando
• Tampa
• Miami
• Jacksonville

Ft. Lauderdale did not rank far behind these four cities. In South Florida over the last two years, there were at least 329 pedestrian fatalities—that’s 22.5% of all traffic deaths in the Miami-Fort Lauderdale region. 16.9% of all Florida traffic fatalities between 2007-2008 were pedestrian deaths. 490 Florida pedestrian deaths occurred in 2008. These figures are disturbing, considering that the state only spends 1.5% of its federal transportation budget on bicycling and walking infrastructure.

Pedestrians need to have the proper road safety measures and traffic laws in place to protect them from the serious injuries that can result during a Florida pedestrian accident. Better designed roads, more crosswalks, additional/wider sidewalks, more crossing lights and speed bumps, and lower speed limits can help decrease pedestrian fatalities in high-risk traffic crash areas. According to Transportation for America, although driver mistakes and pedestrian errors can be sighted as two of the leading causes of US pedestrian crashes, many of these tragic accidents happen because the roads where they occurred were “dangerous by design.”

Also, Time Magazine recently reported that hit-and-run car accidents are an all too common occurrence in Florida. In the last 10 years, there have been about 46 Miami-Dade County hit-and-run crashes. Many of the victims were child pedestrians.

In an era where walking continues to be touted as a way to stay healthy and live longer, and in a state such as sunny Florida that is filled with tourists, college kids, bicyclists, skateboarders, retirees, and people who enjoy spending time outside, it is so important that transportation safety officials and motorists act to prevent Florida pedestrian crashes from happening.

Florida's roads dangerous -- for pedestrians, Sun-Sentinel, November 29, 2009

Florida's Deadly Hit-and-Run Car Culture, Time, November 29, 2009

Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods), Transportation for America

Related Web Resources:
Read the Transportation for America's Report "Dangerous by Design" (PDF)

Florida Department of Transportation

Continue reading "Florida is Most Dangerous State for Pedestrians, Reports Transportation for America" »

The widow of an 80-year-old man who died after falling from a Hollywood, Florida drawbridge is seeking unspecified damages for his Broward County wrongful death. Desmond Nolan was killed on November 22 after he fell at least 30 feet to the concrete.

He got stuck on the bridge, located on Sheridan Street, as it was raised over the Intracoastal Waterway. Nolan held onto the bridge but eventually let go. He was pronounced dead at a local hospital.

Nolan leaves behind his wife of 57 years, Pauline Nolan, and three daughters. The couple, who are from Illinois, had been living in Hollywood, Florida during the winters for about two decades.

The Florida Department of Transportation operates the drawbridge, which has a bell, flashing lights, and gate that are supposed to prevent cars and pedestrians from getting on the bridge as it closes and opens. Police say that Nolan, who was wearing headphones, may not have heard the bells go off.

However, the Florida wrongful death complaint contends that the alarms did not go off as Nolan began walking across the bridge. The Broward County civil lawsuit also accuses Michael O’Rourke, the bridge tender, of failing to check whether there was anyone on the bridge before he opened it and not heeding the motorists who yelled at him and honked their horns to let him know that Nolan was hanging onto the bridge.

ISS Facility Services, Transfield Services North America, and C & S Building Maintenance are defendants in the Hollywood, Florida wrongful death lawsuit. The family also intends to file a wrongful death complaint against the Florida Department of Transportation.

Florida Wrongful Death
In Florida, the victim’s family has two years from the date of death to file a wrongful death complaint. The decedent’s wife or husband, children, parents, and other family members who may have depended on the deceased for services or support, such as blood or adoptive siblings, are considered wrongful death “survivors” who may be able to seek damages from all negligent parties.

Family sues drawbridge operators in death of man, 80, Sun-Sentinel, December 7, 2009

Man Falls From Drawbridge, Dies, WPLG Miami, November 24, 2009

Related Web Resources:
Florida Department of Transportation

Wrongful Death, Justia

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

In Florida, toxicology test results are expected later this week for Cleveland Browns wide receiver Donte Stallworth. The NFL football player was in Miami riding his Bentley to the beach on Saturday morning when he hit a 59-year-old pedestrian who was crossing the causeway that connects Miami Beach to downtown Miami. Mario Reyes died from his traffic accident injuries.

At this time, it is not known whether Reyes was crossing the street legally or if Stallworth had broken any traffic laws. Miami Beach police administered alcohol and drug tests to Stallworth, who is cooperating with the investigation. No criminal charges have been filed against him for the Miami pedestrian accident. Driving records from the state of Ohio show that Stallworth was convicted twice for speeding in 2008.

According to the National Highway Traffic Safety Administration, about 1,700 to 1,800 pedestrian accidents occur each year in Miami-Dade County—especially in the areas of South Miami Beach, Liberty City, Little Havanah, and Little Haiti. While the Miami-Dade pedestrian safety program has helped reduce pedestrian accidents, there are, unfortunately, Florida motor vehicle crashes that still result in pedestrians dying or sustaining serious injuries.

Throughout the US in 2007, 4,654 pedestrians died in motor vehicle crashes while 70,000 others were injured. Over 2/3rds of the victims that died were males. While in Florida, of the 3,214 traffic deaths that occurred that year, 531 of the victims were pedestrians.

Ways Motorists Can Prevent Pedestrian Accidents:

• Don’t drive drunk.
• Don’t drive above the speed limit.
• Yield the right of way to pedestrians.
• Pay attention to the road so that you notice whether there are any pedestrians crossing the street at non-intersections.

Police investigating fatal crash say lab results for NFL's Donte Stallworth could be ready soon, Sun-Sentinel, March 16, 2009

Evaluation of the Miami-Dade Pedestrian Safety Demonstration Project, NHTSA, February 2009 (PDF)

NFL Player Kills Miami Pedestrian, May Be Charged, CBS4.com, March 15, 2009

Related Web Resource:
NHTSA

Continue reading "NFL Cleveland Browns Football Player Involved in Deadly Miami Car Accident that Killed Pedestrian" »

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" »

A 47-year-old Florida man was seriously injured on Tuesday when he was hit by a car. The Florida Highway Patrol says that Fort Walton Beach resident James P. Dreyer was crossing the road when the accident happened. The FHP has ordered an investigation to determine whether charges need to be filed.

If someone you love has been injured or killed in a pedestrian accident, our South Florida injury lawyers can help determine whether you can recover compensation from the parties responsible. Although criminal charges may not be filed against a driver, you may still be able to hold him or her civilly liable for personal injury or wrongful death.

Unfortunately, pedestrian accidents happen far too often. NHTSA statistics report that nearly 5,000 pedestrians are killed each year in traffic accidents. Although some of these deaths are a result of pedestrian negligence, many injuries and deaths occur because a driver was speeding, distracted, driving under the influence, or text messaging/talking on the phone.

Pedestrians have absolutely no protection from the impact of being struck by a bus, truck, car, motorcycle, or train, and the injuries are often catastrophic. Florida’s sunny weather and its beaches, many universities and schools, and different recreational parks make the state easily prone to pedestrian accidents because there are bicyclists, skateboarders, vacationers, and others walking to and from their respective destinations on the state's sidewalks and roads throughout the year.

Whether you are a Florida resident or a visiting tourist, Our South Florida personal injury law firm can evaluate your pedestrian injury case for you and help you determine your legal options. We have the resources to help you pursue your full recovery.

Injured FWB pedestrian identified, NWF DailyNews.com, June 24, 2008

Related Web Resources:

Traffic Safety Facts, NHTSA.gov

Pedestrian Crash Facts, Walkinginfo.org

Continue reading "Florida Pedestrian is Seriously Injured After Being Struck by a Car" »

In Collier County, Florida, two men sustained serious injuries when they were struck by two motor vehicles on February 2.

Naples residents Ernesto Perez, 34, and Juan Domingo, 32, were walking on Santa Barbara Boulevard at about 2am, when either one or both of them was hit by a 2002 GMC Sierra driven by Ryan Helms, 22. Both men were then struck by a white Ford pickup truck. The Florida Highway Patrol says that both vehicles left the accident scene after striking the two pedestrians.

Helms was later apprehended on Weber Boulevard close to 1st Avenue. Police have charged him with leaving the accident and DUI.

Anyone who leaves the scene of a motor vehicle accident or is apprehended for drunk driving in Florida is subject to criminal charges upon arrest. If a hit and run motorist or a drunk driver injures or kills another person during the accident, he or she may be named as the defendant of a personal injury or a wrongful death lawsuit.

Although Florida’s mandatory No-Fault (PIP) insurance coverage provides some coverage to drivers and others injured in motor vehicle accidents, there are many instances when personal injury claims must still be filed to compensate the injured person for their injuries, lost wages, medical expenses, pain and suffering, and other costs.

Our Florida auto accident law firm has handled many Naples personal injury cases for motorists, pedestrians, and other injury victims in South Florida.

Pedestrian Accidents
Pedestrians injured in motor vehicle accidents tend to sustain serious—if not fatal—injuries. Unlike car drivers, bus drivers, and truckers, pedestrians have no protection from the impact and speed of a collision involving a motor vehicle. Massive head injuries, traumatic brain injuries (TBIs), spinal cord injuries, internal injuries, broken bones, severed limbs, other serious injuries, and even death can result.

Causes of Pedestrian Accidents Include:

• Speeding
• Drunk driving
• Driver inattention
• Driver negligence
• Defective auto or motor vehicle parts
• Falling cargo from a motor vehicle
• Uneven pavements that can cause a pedestrian to slip and fall onto a busy street

Two injured during hit and run, driver charged with DUI, WBBH-HD.com, February 2, 2008

Related Web Resources:

Florida Highway Patrol

FAQs on Driving Under the Influence (DUI), Florida Department of Highway Safety and Motor Vehicles

Continue reading "Two Naples Pedestrians Injured By Hit & Run Drivers in Florida" »

A 77-year-old man died last Thursday after being struck by a car while crossing the street in Largo. According to the Florida Highway Patrol, the man was walking across Seminole Boulevard on the evening of September 6 when he stopped at the center divide. He then stepped in front of the path of a 2006 Honda Civic as he tried to cross the northbound lane.

The elderly pedestrian fell onto the hood of the car and then onto the ground. He was declared dead at Bayfront Medical Center in St. Petersburg.

The 22-year-old driver of the Honda stopped at the accident scene, and no charges were filed.

Although there are pedestrian-related deaths and injuries that do occur because the pedestrian was at fault, there are also many pedestrians accidents that occur on Florida’s roads every year because of driver negligence or carelessness.

A 2005 National Highway Transportation Safety Administration survey singled out Florida as the deadliest state for pedestrians. The NHTSA cited 3.24 deaths for every 1,000 residents.

Last year, 29 pedestrians were killed in traffic accidents in Pinellas. 465 pedestrians sustained injuries in motor vehicle-related crashs. 112 of the pedestrians that were injured had been using crosswalks, as had 5 of the pedestrians that died.

Although a pedestrian cannot prevent a bus driver, car driver, or motorcyclist from exercising caution on the roads, there are safety measure that a person crossing the street can take to lower the chances of becoming the victim of a pedestrian accident.

The Federal Highway Administration offers the following “crossing rules” for pedestrians:

• Always use a marked crosswalk when one is available. The bright white lines of a crosswalk remind motorists to look out for pedestrians.
• STOP at the CURB, edge of road, corner or parked vehicle before proceeding across.
• Look left-right-left, and if it's clear, begin crossing.
• Continue to check for traffic in all directions, especially for vehicles turning "Right-on-Red.
• If there is traffic, make eye contact with the driver/s so they see you, understand your intention, and STOP before you start to cross.

Man, 77, killed when he steps into path of car, St. Petersburg Times, September 8, 2007

Crossing Advice for Pedestrians, FAA

Related Web Resources:

Road Safety for Elderly Pedestrians, Loyola University Health System

Pedestrian Crash Facts, Walkinginfo.org

Continue reading "77-Year-Old Pedestrian Dies in Florida After Being Struck by Car in Largo" »