Florida Injury Attorney Blog

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?" »

David Falkenstein has been awarded $5.1 million for his wife’s Florida tractor-trailer accident death. David and Ingrid, 67, were riding in a Honda minivan in Palm Coast in 2006 when they were involved in a collision with a fully loaded large truck.

Falkenstein’s pelvis was fractured during the Florida truck crash and Ingrid died instantly. The couple had just retired when the tragic traffic collision happened.

The plaintiff accused, Christopher Angland, the truck driver, of running a stop sign. The trucker and McMaster Sod LLC, both defendants of the Florida wrongful death lawsuit, tried placing the blame on Flagler County by citing the failure to replace rumble strips and the poor signage on the road.

The jury did not hold the Florida county liable for Ingrid’s wrongful death. It did, however, hold McMaster 40% liable and Angland 60% accountable.

2008 Large Truck Crash Statistics (NHTSA):

• 269 fatal Florida truck accidents
• 4,066 fatal US truck crashes
• 66,000 US truck collisions resulting in injuries
• 74% of the US truck crash fatalities were people who were riding in the other vehicles that were involved in the large trucks
• 10% of the truck crash victims who died were not riding in any vehicle
• 71% of people injured in US truck accidents were riding in the other vehicles involved
• 3% of the truck crash injury victims were not riding in any vehicle when the accidents happened

While in recent years there has been a decline in the number of truck accident injuries and deaths, truckers and trucking companies can still do a lot more to prevent catastrophic truck crashes from happening. While truck drivers aren’t always responsible for causing a truck collisions, truck driver error continues to be a leading cause of fatal accidents. More often than not, it is the people who weren't riding in the truck that sustain the worst injuries.

Some common causes of truck accidents involving a negligent trucker:
• Texting while driving
• Drowsy driving
• Driving while medicated
• Speeding
• Failure to obey traffic signs and/or traffic laws
• Failure to properly maintain a truck
• Violating the FMCSA's Hours of Service rule

Flagler widower wins $5.1 million verdict in deadly truck wreck, Jacksonville.com, November 13, 2009

Jury Awards $5.1 Million In Palm Coast Wreck, News4Jax.com, November 13, 2009

2008 Large Truck Facts, NHTSA (PDF)

Related Web Resources:
Federal Motor Carrier Safety Administration

Trucking Accidents Caused by Driver Error, Nolo

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

Florida lawmakers want to ban texting while driving. Although a Florida bill has failed twice before the state’s legislature, representatives are hoping that a third try will turn the bill into state law. The safety risks associated with driving are no longer a surprise. We regularly read in the news about traffic accidents that occur throughout the US because drivers were texting while driving.

Just last Wednesday, three people got hurt when a tow truck struck the car they were riding in. The impact of the truck collision caused the car to land in a resident’s private pool. Police say that the truck driver was texting and talking on the cell phone when the truck accident happened.

Wednesday’s truck crash occurred during the same week that the Virginia Tech Transportation Institute revealed that truck drivers that text while driving increase their chances of being involved in a truck accident by 23 times. The study found that using one’s hands to feel around the truck cab for an electronic device is the second most dangerous trucker distraction, and dialing a cell phone landed at number three on the list.

What's primarily so dangerous about these three activities is that truckers have to take their eyes off the road to do them. Not looking at the road for more than 2 seconds while driving is considered dangerous—and the VTTI study found that truck drivers have been known to spend about 4.5 seconds glancing at their electronic devices.

203 truck drivers who operated 55 trucks participated in the study. The truckers drove about 3 million miles. Cameras were installed in trucks, and video footage was shot depicting the final seconds before truck accidents and near collisions.

On July 29, US lawmakers put forward a bill calling for all states to ban all drivers from texting while driving or faced reduced funding for transportation projects from the federal government. In addition to currently not having a statewide ban on texting while driving, Florida is one of the US states that does not have any laws restricting cell phone use while driving.

Texting and talking on a cell phone while driving are both extremely dangerous forms of distracted driving that are known to cause catastrophic injuries to victims. If you were injured in a Florida truck crash in Miami, Ft. Lauderdale, Palm Beach, or any other South Florida city because a driver was distracted, drunk, driving under the influence of drugs, or negligent in any other way, contact our Miami personal injury lawyers today.

Texting Top Driver Distraction, New Va. Tech Study Finds, Transport Topics, August 3, 2009

Cops: Texting tow truck driver lands in pool, ABC Local, July 30, 2009

Virginia Tech Transportation Institute (PDF)

Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association

Florida Cell-Phone Laws Update 2009, DrivingLaws.org

Following two days of deliberations, a Broward County jury awarded Pakohee truck driver Derry Brown, Jr. $14.6 million for catastrophic injuries he sustained during a Florida truck accident on May 31, 2007. Brown has been called a hero for acting in a manner that saved another driver’s life while he sustained a spinal cord injury and became paralyzed.

The Broward County truck crash occurred after a motorist in a vehicle failed to stop at a stop sign and cut off Brown’s large truck, a 1998 Freightliner truck. To avoid hitting the vehicle, Brown swerved his 18-wheeler truck off the road, which overturned. Brown is now a quadriplegic.

National Casualty Company, Brown’s insurer, wouldn’t pay his benefits, so Brown sued the company for uninsured motorist benefits. Prior to the civil trial, Circuit Judge Cheryl Aleman ruled that under the National Casualty Policy, Brown was entitled to uninsured motorist benefits.

Uninsured Motorist Benefits
Uninsured motorist benefits provide coverage to an injured person when the person that caused the motor vehicle accident does not have any or enough insurance to cover the claim being made. Uninsured motorist benefits may also be applied in Florida motor vehicle crashes involving hit-and-run drivers. If your insurer is refusing to pay your uninsured motorist benefits following a Broward County motor vehicle accident, an experienced South Florida personal injury lawyer can help you obtain the benefits that you are owed.

While Florida’ Personal Injury Protection coverage mandates that motorists carry a minimum $10,000 in coverage so that drivers have some coverage regardless of who is at fault, this may not be enough.

Catastrophic injuries, such as spinal cord injuries and traumatic brain injuries may require a lifetime of costly medical care, services, and procedures. The victim may also no longer be able to earn a living. For example:

Quadriplegia
Quadriplegia involves paralysis from the shoulders down. This is the most serious kind of spinal cord injury (SCI). Not only must a person with quadriplegia receive medical attention as soon as possible, but physical and occupational therapy, drug therapy, respiratory therapy, surgery, and certain assistive devices may be required.

Paralyzed former Pahokee trucker wins $14.6 million judgment, Sun-Sentinel, June 23, 2009

Related Web Resources:
Spinal Cord Injury Resource Center

Florida Department of Highway Safety and Motor Vehicles

A jury has awarded a 21-year-old woman $65 million for catastrophic injuries she sustained in a 2007 Florida truck accident. Kendra Lymon was just 19 and a South Florida community college student when the Dodge Neon she was driving was t-boned at the intersection of State Road 17 and State Road 64 by an 18-wheeler truck driven by truck driver Robert Bohn.

Lymon went into a coma and stayed at a hospital for months. She continues to require 24-hour specialized care, needs help to walk and eat, and is still undergoing speech, occupational, and physical therapy. Prior to the Florida truck crash, Lymon could speak six languages and was working for the Florida Institute of Neurologic Rehabilitation. Now, her family has to help Lymon bathe, use the bathroom, dress, and perform other regular tasks. The jury award will help the family provide for Lymon’s special needs.

The Polk County jury found Bohn and Bynum Transport Inc. 100% liable for causing the Florida truck crash. While the defendants say that Bohn had a green light when he drove into the intersection, a witness claims that it was Lymon who had the green light.

The Florida personal injury team for Lymon's family says that because Bohn had just finished a 24-hour shift as the battalion chief for the Polk County Fire Services, driver fatigue was a likely factor. Her attorneys contend that the transport company failed to make sure that Bohn took the federally mandated number of hours of work off before beginning his shift.

Lymon’s verdict is considered one of the largest personal injury verdicts awarded by a jury in Polk County, Florida.

Woman deserves $65M for crash injuries, jury says, Newschief.com, March 20, 2009

Polk Jury Awards Woman $65 Million in 2007 Crash, The Ledger, March 18, 2009

Documents Supporting $65 Million Verdict, The Ledger, March 18, 2009

In Fort Lauderdale, students and teachers are in shock following news that three-vehicle accident this morning involving a semi-trailer truck killed a fourth grade teacher, as well as injured another teacher and four students. Grief counselors have been working with the staff and the students at Stephen Foster Elementary School to cope with the loss of fourth-grade teacher Sharon Braun.

Braun, 58, who was not wearing a safety belt at the time of the truck accident, was thrown from the car. The Florida Highway Patrol says she died at the truck crash scene. The Fort Lauderdale truck accident took place a little after 7am close to Broward Boulevard when Tracy Fiffia, a 1999 Freightliner semi-trailer driver, hit a 1999 Buick while trying to change lanes. A 1998 Volvo was also involved in the Fort Lauderdale multi-vehicle crash.

Police say the truck struck Buick, which hit the Volvo, which went off the road and hit a light pole. The Buick also drove off the road and overturned.

All of the accident victims were riding in the Buick driven by Gail Carter, who was the other teacher injured in the crash. The children injured in the accident were ages 11, 10, 9, and 7. They were taken to Broward General Medical Hospital.

Truck Accidents
Proving liability in Florida truck accidents can be tough—unless you have an experienced Fort Lauderdale truck crash lawyer by your side. It is important that you choose a Florida personal injury attorney who knows how to properly investigate your case. This includes asking the right questions and knowing how to search for and preserve evidence.

There are various federal regulations and requirements that govern US truck drivers. A good Florida truck accident lawyer will know how to determine not just what happened but what could have been done to prevent such a catastrophic crash from happening to you and who caused the deadly trucker crash. Some examples of questions your attorney will likely explore:

• Did truck driver exceeded the federal limit for the amount of hours that he or she is allowed to operate a vehicle without taking a break?
• Was the truck overloaded?
• Do truck maintenance logs indicate that a vehicle was not properly maintained.
• Did your truck driver have the proper licensing?
• Does he or she have a medical disability that should have kept him or her off the road?

Teacher killed in wreck on I-95 near Broward Boulevard , Sun-Sentinel.com, March 9, 2009

Sharon Braun Guest Book, Legacy.com

Related Web Resources:
Federal Motor Carrier Safety Administration

National Highway Traffic Safety Administration

Continue reading "Fort Lauderdale Semi-Trailer Truck Accident Near Broward Boulevard Kills Teacher and Injures Five Others, Including Four Children " »

In Florida, lawyers for the city of Hollywood are fighting a $1.6 million jury verdict awarded to a landscaper who was injured after a public works truck rammed into his pickup truck on Federal Highway at Sheridan Street on July 30, 2002. Both vehicles were totaled.

Ronald Miller, a self-employed landscaper, did not have health insurance at the time the accident happened. However, he asked the city of Hollywood for just $85,000 to cover the medical costs he accrued from the Florida truck accident.

Lawyers for the city of Hollywood refused to pay his personal injury claim, even while acknowledging that Miller should receive the settlement, their worker was at fault, and the city would likely lose the Florida truck accident lawsuit if it went to court. In 2006, a Broward County jury awarded Miller a $1.6 million verdict.

So far, the city of Hollywood, Florida has paid Miller $100,000. He still owes another $40,000 in medical expenses and more than $300,000 in future medical bills are expected.

Last week, the city’s attorneys took part in a special legislative hearing to convince lawmakers to reduce or void the jury’s verdict. Unless the Florida Legislature waves the lawsuit cap, Florida municipalities are protected from any civil judgments higher than $100,000.

Miller, who continues to mow lawns, will now have to undergo knee replacement surgery at a cost of $60,000/knee. He is employed by Ron’s Lawn Service and can only finish mowing half as many lawns during a full day of work than what he could do before the 2002 motor vehicle crash. At the time of the truck accident, Miller was the main financial provider for his girlfriend, her sick mother, and his son.

Some Reasons for Suing a Florida government entity for Personal Injury:

• Injuries involving liable city police officers.
• Premises liability at a city park.
• Personal injury accidents at public schools.
• Traffic accidents involving city buses.
• Medical malpractice at a county hospital.

Hollywood fighting $1.2 million liability award in public works truck crash, Sun-Sentinel.com, November 22, 2008

Related Web Resources:
Truck Accident Fact Sheet, NHTSA (PDF)

City of Hollywood, Florida

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

According to the National Highway Traffic Safety Administration, 288 large trucks were involved in deadly motor vehicle accidents in the state of Florida last year. The NHTSA released this figure as part of its 2007 Traffic Safety Facts data.

Other NHTSA 2007 Large Truck Facts:

• Nationally, 413,000 large trucks were involved in traffic accidents.
• 4,584 of these large truck collisions involved fatalities.
• 4,808 lives were lost in large truck crashes.
• 17% of the victims that died were riding in large trucks.
• 75% of the victims that died were riding in other vehicles.
• 8% of the victims that died were not riding in any vehicles when the crashes occurred.
• 101,000 others were injured in large truck accidents.
• Out of every nine traffic deaths, one of the deaths involved a large truck crash.
• 76,000 trucks were involved in motor vehicle accidents resulting in injuries to victims.
• Large trucks have a greater chance of becoming involved in a deadly accident involving multiple vehicles than in a single-vehicle crash.

Unfortunately, motor vehicle accidents involving large truck crashes continue to cause serious injuries and deaths on Florida’s roads. In Florida’s Volusia County on Friday, a Merritt Island man died following his involvement in two separate tractor-trailer accidents. According to the Florida Highway Patrol, they believe Keith Murphy’s truck was involved in a motor vehicle crash with a tractor-trailer. The collision disabled Murphy’s vehicle, causing him to get out of his pickup truck. He was then struck by a semi-truck driven by Jessie Pace, who swerved his vehicle to try and avoid hitting the 31-year-old man. Murphy died form his injuries.

In Jackson County, Florida last month, a 79-year-old woman was walking along the Interstate 10 rest area close to Cottondale when she was struck by flying tires. The tires had come off a trailer that a semi-truck was towing. The woman died from her injuries.

FHP: Man who pulled over after accident killed by 2nd truck, News-JournalOnline.com, November 1, 2008

Crash, freak accident claim lives, JC Florida, October 28, 2008

Large Trucks Traffic Safety Fact Sheet, NHTSA

Related Web Resources:

Federal Motor Carrier Safety Administration

FARS Encyclopedia

Continue reading " NHTSA Reports that 288 Trucks Were Involved in Deadly Florida Motor Vehicle Crashes In 2007" »

More than four years after Claudia Avila was struck in the head by a 34-pound metal plate that flew into the windshield of a car she was a passenger in, a Palm Beach County jury has awarded her family a $6.1 wrongful death judgment.

The 43-year-old Pompano mother was on her way to meet her daughter for lunch on February 17, 2004, when the deadly accident happened in Delray Beach on I-95. Avila, who suffered serious head injuries and went into a coma, died after being taken off life support several weeks later.

While the Florida Highway Patrol closed the case with no conclusive evidence as to the source of the metal plate, the Avila family continued to pursue the case. They eventually sued concrete block manufacturing company Tarmac America, trucking company EM Transfer, and scrap metal company IGM for her wrongful death.

While IGM and EM Transfer settled the case out of court, the family went to court against Tarmac America. Avila’s family accused the concrete block manufacturing company of failing to properly secure the metal plates so they could be transported safely. As a result of the Tarmac America’s negligence, the family says that the metal plate fell off the truck, which resulted in Avila’s subsequent wrongful death.

Out of the $6.1 million verdict, 28% of the liability was apportioned to Tarmac America. The damages included compensation for the plaintiff’s loss of parental support and pain and suffering. 72% of liability was allotted to EM Transfer, which leaves a $1.7 million judgment for Avila’s children.

If you or someone you love was seriously injured in a motor vehicle accident caused by another party’s negligence—even if the responsible party cannot initially be located—it is important that you explore your legal options for personal injury or wrongful death compensation.

Jury awards $1.7 million to family of woman killed by metal plate on I-95, Sun-Sentinel.com, September 19, 2008

$6 Million Verdict In 2004 Road Debris Death, Marketwatch.com, September 22, 2008

Related Web Resource:

Traumatic Brain Injury, Institute of Neurological Disorders and Stroke

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 House Transportation and Infrastructure Committee study about medically unfit truckers is expected to be released at a hearing this week. Among the findings was the discovery that truckers that suffer from health problems that could make them dangerous drivers have no incentive to get a legitimate medical certificate. The study examined 614 medical certificates from truckers in Illinois, California, and Ohio. The examiners could only verify 407 of these certificates.

A safety study, obtained by the Associated Press, found that there are hundreds of thousands of truckers on the road with health issues that could cause them to have seizures, blackouts, and heart attacks. These motorists continue to drive their large vehicles despite the fact that they are at risk for causing deadly traffic accidents.

In 2006, the Transportation Department reported 7.3 million commercial driver violations. The data named Florida as one of 12 US States where truckers received the most sanctions for breaking medical regulations.

The National Safety Transportation Board wants examiners to set up a system for being able to track medical applications, identify the drivers with medical conditions, and prevent truckers from doctor shopping.

Truck Accident Causes
Truck drivers suffering health issues while driving is a leading case of serious motor vehicle crashes. Drivers without health issues that fall asleep is another common cause of trucking collisions.

Transportation Department statistics show that 5,300 people were killed and 126,000 people were injured in motor vehicle accidents involving buses or large trucks in 2006.

In South Florida, our truck crash attorneys know how to protect our clients’ rights against truckers and trucking companies. We have helped many injured victims and their families recover personal injury compensation for their injuries, pain and suffer, and medical expenses.

House Committee Probes Medically Unfit Truckers, Newsweek.com, July 24, 2008
Medically unfit truckers still on the road, safety study shows, CNN.com, July 21, 2008

Related Web Resources:

Transportation and Infrastructure Committee

National Transportation Safety Board

US Department of Transportation

Continue reading "Latest Available Data Names Florida Among the States Where Truckers and Bus Drivers Received the Most Sanctions for Breaking Medical Regulations" »

In Fort Pierce, Florida, Jennifer Powers, the widow of Timothy Powers, a Vero Beach motorcycle rider who died last January when he was truck by a tractor-trailer rig on US 1 is suing truck driver Felix Villa and Torres Trucking & Tree Hauling Corp., the company Villa was working for, for wrongful death.

Timothy, 49, died at the scene. The morning fog was heavy on January 24 and the Florida Highway Patrol say the motorcyclist was not able to see the truck due to low visibility. The FHP says Timothy tried to put his motorcycle safely down but flew off the bike when the truck hit him. The heavy fog was also the reason that the St. Lucie County Fire District could not send a rescue helicopter to the accident site.

Jennifer alleges that Villa acted negligently to cause her husband’s death and she is accusing Torres Trucking of vicarious liability. Her lawsuit doesn’t specify a specific damage amount.

If you were hurt or someone you love died in a tractor-trailer accident in Florida, you need to retain the services of an experienced South Florida truck crash law firm that knows how to investigate your truck crash case and pursue recovery from all liable parties. Truck crash claims can be complex cases, and liable parties may include:

• The truck driver
• The truck company
• The owner of the truck
• A truck leasing company
• The truck manufacturer
• The truck shipper
• The manufacturer of a defective truck part
• Other motorists

Truck crash accidents will usually result in serious injuries, especially for motorcyclists and pedestrians that have no protection from the physical impact of getting hit by a tractor-trailer, big rig truck, 18-wheeler truck, or large garbage truck.

Our South Florida truck crash lawyers can help you explore your legal options. If we agree to work together, we will begin investigating your case, including examine all the evidence and assess your injuries, and take action to get your compensation.

Vero Beach widow files lawsuit against truck driver, TCPalm.com, July 1, 2008

Related Web Resource:

Federal Motor Carrier Safety Administration

Continue reading "Florida Widow Sues Tractor-Trailer Driver for Wrongful Death of Motorcyclist " »

In West Palm Beach, a jury has awarded Terry Williams, a 45-year-old mural artist $2.1 million for permanent and disabling neck and brain injuries that he sustained in a 2003 Florida truck crash.

Williams’s van was rear-ended by a Loomis & Fargo truck on Interstate 95 in Palm Beach Garden. Because of the accident, he cannot paint quality work. The jurors ruled that the driver and Loomis & Fargo were negligent in causing the accident.

Traumatic Brain Injuries
Some 1.4 people sustain traumatic brain injuries each year. A TBI usually occurs when there is a violent blow to the head. Common causes of TBIs include car accidents, motorcycle crashes, truck collisions, assault crimes, fall accidents, physical abuse involving violent shaking of the head, and gunshot wounds.

Traumatic brain injuries can be completely life changing. A person with a serious traumatic brain injury may have problems speaking, eating, remembering things, or have difficulty controlling their motor functions. Seizures may ensue and a TBI patient may experience sudden mood swings or personality changes.

A TBI can also seriously affect the lives of the victim’s friends and family, who can no longer enjoy the kind of relationships and interactions that they used to with their loved ones. If the TBI victim was the main source of financial support for the family, their quality of life can also be compromised.

A person with a serious TBI may also require costly, ongoing, specialized medical care.

In South Florida, our serious injury attorneys know how to properly pursue your case and prove to a jury that your injuries warrant significant recovery. Our motor vehicle crash lawyers have helped many auto accident victims and their families recover compensation through settlements and verdicts.

Jury awards West Palm artist $2.1 million for 2003 car wreck, Sun-Sentinel.com, May 27, 2008

Traumatic Brain Injury, MayoClinic.com

Related Web Resource:

Traumatic Brain Injury Information Page

Continue reading "West Palm Beach Artist Awarded $2.1 Million for Traumatic Brain Injury from Car Accident " »

20-year-old Florida Southern College twins Meghan and Melissa Kelly were returning to school on U.S. 27 on Monday when the Honda they were riding in was struck by a semi-truck that ran a red light at U.S. 27 and State Road 29.

The Florida Highway Patrol says that Meghan died from her injuries, while her twin, Melissa, was seriously injured. The sisters, college juniors, played together on their school’s women’s soccer team.

Truck collisions can be devastating experiences for the drivers and passengers of cars, motorcyclists, or pedestrians that are involved in these accidents.

In Florida, you must hire an experienced truck accident law firm that knows how to deal with truck drivers, trucking companies, and their insurance companies. Your truck crash lawyer will have to be familiar with the rules and regulations established by the Federal Motor Carrier Safety Administration.

Semi-trucks are extremely large in size and weigh a great deal. Their impact upon collision is frequently catastrophic.

Common causes of truck accidents:

• Driver carelessness
• Fatigue
• Speeding
• Driving under the influence
• Truck malfunction
• Driving longer than the number of hours allowed
• Disregarding the rules of the road

A good truck crash lawyer will know what to look for in terms of determining who was at fault. Your lawyer should know how to work with accident reconstruction experts and be familiar with reading the truck driver’s logs. It is important that you retain the services of a truck accident lawyer right away.

In Return Trip to FSC, 1 Twin Dies in Crash, The Ledger.com, January 8, 2008

Tragic crash kills Florida Southern student, injures her twin, My FOX, January 8, 2008

Related Web Resources:

Federal Motor Carrier Safety Administration

Center for National Truck and Bus Statistics

Continue reading "Truck Accident in Southern Florida Leaves One Twin Dead and the Other Critically Injured" »

Florida resident Gwen Hightower, an employee for All Service Refuse lost her leg in a truck crash on Friday. Doctors and paramedics had to amputate her leg after she was freed from under the toppled recycling truck that she had been riding in.

Pembroke Pines Police have charged the driver of the garbage truck, Ft. Lauderdale resident Alexander Wright, with driving without a valid license and reckless endangerment.

The truck accident that caused Hightower to lose her leg took place when the vehicle overturned while Wright was turning left onto Northwest 140th Avenue from Taft Street.

Hightower was partially ejected from the truck, which landed on her right leg. Doctors and paramedics tried to save her leg while a big towing truck lifted the garbage truck off her leg.

Hightower underwent surgery for several hours at Memorial Regional in Hollywood, Florida.

The truck is equipped with two steering wheels and sets of pedals. Wright, a temporary worker at All-Service, wasn’t allowed to drive the truck. He is employed by another company. His job description while working with All-Service entailed picking up garbage. By allegedly causing the accident, he also violated his probation sentence that he is serving for aggravated fleeing and eluding an officer and grand theft.

If you have been injured on the job in Florida, the state’s workers’ compensation law prevents you from suing your employer for personal injury compensation. Workers’ compensation guarantees employees certain financial benefits if they are injured at work.

However, third parties can be held liable for a person’s personal injuries even if he or she while on the job. The best way to determine whether you can file a personal injury claim is to speak with an experienced Florida personal injury lawyer who can inform you of your legal options.

Spinal cord injuries, amputated limbs, traumatic brain injuries, and permanent disfigurements are just some of the many catastrophic injuries that a victim can sustain in a truck accident or any other type of serious motor vehicle crash.

Chances are that medical costs and recovery expenses will be very high. Your workers’ compensation benefits may not be able to cover all your financial and medical needs.

If another person, company, or another entity that is not your employer caused your personal injury accident by acting negligently, you may be able to obtain additional compensation for your catastrophic injuries.

Garbage truck driver charged in Pines rollover incident, Sun-Sentinel.com, November 8, 2007

Driver of garbage truck in Pembroke Pines crash jailed, Sun-Sentinel.com, November 8, 2007

Pines rescuers amputate woman's leg to free her from toppled truck, Sun-Sentinel.com, November 3, 2007

Related Web Resources:

Florida Division of Workers' Compensationhttp://www.protectingyou.com/

Continue reading "Florida Woman Loses Leg in Truck Accident " »