South Florida Injury Lawyer Blog

Last week, our West Palm Beach personal injury law firm reported that the National Transportation Safety Board is calling for all states to ban texting and cell phone calls while driving. We also wrote about the upcoming debate among Florida lawmakers regarding whether or not to ban texting in the state.

This week, we’d like to blog about a recent National Highway Traffic Safety Administration survey on the distracted driving habits of Americans. Over 6,000 drivers participated. Per the results:

• At any moment, nearly one out of every 100 drivers is e-mailing, texting, surfing the Internet, or doing something else with a hand-held device while operating a motor vehicle.
• Most of those surveyed admitted to answering phone calls while driving.
• Close to two out of every 10 drivers surveyed admitted to e-mailing or texting. Drivers in the 21-24 age group were most likely to text while driving.
• Over 50% of drivers don’t believe that making a call affects their driving performance.
• About 25% said they don’t think that e-mailing or texting impacts their driving.
• 90% of drivers don’t like it if the person driving the car they are riding in is e-mailing or texting
• More drivers said they read texts over sending them.
• Two times as many drivers admitted to answering calls over making them while operating a motor vehicle.

As evidenced by the survey results, most drivers think that they can text or talk on the phone safely while driving. Unfortunately, this is not the case. Cell phone conversations and texting takes a motorist’s attention away from the task at hand, which means he/she is not 100% focused on the task at hand. This can make it hard to avoid causing or becoming involved in a South Florida traffic crash. Remember that it takes just a few seconds for a catastrophic Miami motor vehicle accident to happen—those same seconds that a driver’s eyes are off the road in order to read an e-mail or dial the phone.

Over the last couple of years, Federal, state, and local safety officials have made a concerted effort to educate people about the dangers. Yet even when there are laws limiting cell phone use or banning texting, some people can’t seem to stop themselves, which places everyone in danger.

Drivers can no longer say that they didn’t know that distracted driving can kill people. As the victim of a distracted driving accident, you may be able to pursue Palm Beach traffic crash damages from the negligent motorist.

More drivers texting but few think it's dangerous, survey says, The Denver Post/AP, December 9, 2011

NTSB pushes for nationwide ban on cellphone use for drivers, The Washington Post, December 14, 2011

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

More Blog Posts:
As NTSB Recommends Full Cell Phone While Driving Ban, Florida Again Considers Whether to Make Texting Illegal, South Florida Injury Lawyer Blog, December 13, 2011

Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011

West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011

Continue reading "Prevent West Palm Beach Motor Vehicle Crashes by Not Texting or Talking on the Cell Phone" »

In the upcoming legislative session due to start next month, Florida legislators will once again consider whether texting should be banned in the state. Right now, Florida is one of 15 US states that haven’t made texting while driving illegal. Florida is also among the few states without any type of restriction on cell phone use while driving. Our Miami personal injury law firm is familiar with the types of catastrophic South Florida car crashes that can occur because someone was distracted driving.

This time around, however, lawmakers who favor a statewide texting ban may be coming into the debate with the extra support they need following today’s recommendation by the National Transportation Safety Board that use of cell phone and text messaging devices while driving be made illegal throughout the US—unless, of course, there is an emergency situation. Although the NTSB cannot impose state laws, its recommendations are taken seriously by lawmakers.

The federal safety board called is calling for the ban because it says distracted drivers are threatening public safety. According to a National Highway Traffic Safety Administration survey, distracted driving was a factor in at least 3,092 US traffic crashes last year and at any moment during daylight hours, close to 1 out of 100 drivers are using handheld phones. NTSB member Robert Sumwalt even went so far as to call distracted driving the “new DUI.”

When explaining the need for a nationwide ban, the NTSB cited the tragic multi-vehicle Missouri traffic pileup in August 2010 involving a tractor-trailer, a pickup truck, and two buses. More than 30 people were injured and two people killed, including the 19-year-old driver of the pickup, who, within 11 minutes, sent or received 11 text messages. The other victim that died was a 15-year-old that was riding the school bus.

Texting, emailing, and talking on the cell phone are dangerous activities when done while driving. You want to work with a Palm Beach car crash law firm that knows how to prove that the other party’s negligence caused your injuries or a loved one’s death. Just because these driving habits are still legal in Florida does not mean you cannot recover damages.

Cellphone ban while driving? The tragedies behind the issue, Los Angeles Times, December 13, 2011

NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

More Blog Posts:
Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011

West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011

Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011

Continue reading "As NTSB Recommends Full Cell Phone While Driving Ban, Florida Again Considers Whether to Make Texting Illegal " »

According to authorities, 18-year-old Alexander Worrall caused the Boynton Beach car accident on Wednesday that left an elderly couple with serious injuries when he ran a red light. The traffic crash occurred at the intersection of Military Trail and Old Boynton Beach Boulevard. The couple, 85-year-old Maurice Gartman and his 82-year-old wife Evelyn, is receiving treatment for their serious injuries at Delray Medical Center.

Palm Beach County Sheriff's investigators are trying to determine whether Worrall was intoxicated when the Boynton Beach traffic crash happened.

Red Light Running
According to the National Campaign to Stop Red Light Running, about 153,000 people were injured and nearly 900 others killed in the US in 2007 because drivers failed to stop at a red light. Meantime, the Insurance Institute for Highway Safety reports that red light running is a leading cause of urban collisions.

The most common reason why people run red lights is because they are in a “hurry” to get to their destination. However, what they forget in their rush to get to where their going is that red light running may actually prevent them from arriving at their destination. In the Institute’s 2009 analysis of deadly red light running accidents, it found that those most likely to run a red light were usually male and belonged to the under 30 age group. Many were involved in previous crashes, had a story of drunk driving, or received citations for speeding and other moving violations.

Our Boynton Beach car accident lawyers have seen the devastation that red right running can create in the lives of victims. Pedestrians, bicyclists, and the occupants of vehicles that had the right of way are the ones that end up suffering.

Authorities: Teen to blame for wreck that sent elderly couple to hospital in suburban Boynton Beach, The Palm Beach Post, December 8, 2011

Red Light Cameras, Insurance Institute for Highway Safety

Red Means Red

More Blog Posts:
Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011

West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011

Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011

Continue reading "Boynton Beach Car Crash that Injured Elderly Couple Was Caused By Teen Driver That Ran Red Light, Says Palm Beach County Sheriff’s Office" »

A 26-year-old Coconut Creek woman was killed on Thursday in a Broward County, Florida car accident. Amanda Smith was ejected from the Jeep she was a passenger in after the vehicle collided with a Lighthouse Point police cruiser.

Smith was not using a seat belt at the time of the Pompano Beach car crash. After being thrown from the auto, she was partially pinned under the Jeep, which had tipped over. Smith died at the collision site. She leaves behind her father and two sons, ages 5 and 6 months.

Boca Raton resident Gary Judd Costa, who was driving the Jeep, has been arrested. He is charged with DUI, possession of a controlled substance, and failure to exercise due care. He and Lighthouse Point Police Officer Mark Riemer sustained minor injuries.

According to police, Costa lost control of his Jeep on the Federal Highway. He then hit the concrete median before colliding with the police cruiser.

If someone you love was killed in a Broward County traffic crash, you may have reason to pursue damages from other liable parties. Because Florida is a comparative negligence state, even if the victim played a role in causing his injuries, compensation from any other liable parties for whatever percentage of the collision is deemed to be their fault is still possible. For example, if a Pompano Beach car accident victim is found be 30% at fault for his/her injuries, then the other responsible party can still be held accountable for 70% of whatever damages are awarded. Florida’s comparative negligence standard has been in effect since 1973.

Not all states follow this type of law. For example, some states follow the contributory negligence standard. Under this law, if an injured party is found even a little liable for his//her injuries, then he/she cannot recover any compensation.

Dad mourns daughter killed in police car crash, Sun-Sentinel, December 4, 2011

More Blog Posts:
Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011

$2.25M Palm Beach Car County Accident Verdict Awarded in Boynton Beach Wrongful Death, South Florida Injury Lawyer Blog, March 18, 2011

Mother Files Florida Pedestrian Accident Lawsuit Against Alleged Drunk Driver Over Daughter’s Wrongful Death, South Florida Injury Lawyer Blog, November 17, 2010

Continue reading "Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle" »

The family of Eyder Ayala is suing University of Miami college student Ivanna Villanueva for Miami-Dade wrongful death. Ayala, 68 was killed on Sunday when the vehicle she was riding was rear-ended by the vehicle driven by Villanueva, 19.

Police say they believe that the University of Miami college student may have beeb under the influence of alcohol at the time. They say that she appears to have been driving at a high speed. According to CBSLocal.com, the impact of the crash was so severe that the trunk Ayala’s vehicle ended up in the front seat. She died at the Coral Gables car accident site.

Toxicology results are still pending, so it is not known at this time whether Villanueva will be charged with DUI. She is, however, charged with reckless driving and vehicular homicide. Meantime, Villanueva is out on bond and is under house arrest.

In their Miami-Dade car accident complaint, the plaintiffs are accusing Villanueva of negligence, "extreme recklessness” and “wanton disregard” for another’s life. Villanueva’s father Luis Villanueva, is also a defendant. Ayala’s family is holding him liable for his daughter’s actions. The plaintiffs are suing them for millions of dollars.

Villanueva is accused of using fake identification to get into Club Liv at the Fountainebleau Hotel. The plaintiffs’ attorney says any establishments that illegally served Villanueva alcohol could also end up as defendants in this Coral Gables wrongful death lawsuit. Under Florida’s Dram Shop Act, bars and other establishments that serve or provide alcohol to people under the age of 21 that become drunk can be held liable for any Miami-Dade personal injuries or wrongful deaths that occur as a result.

Miami-Dade Car Accidents
As with any Coral Gables car crash where another party caused your injuries, it is always a good idea to consult with an experienced Miami-Dade personal injury law firm. There may be more than one party who should be held liable. Your injuries also may be more severe than you originally thought, and a good Coral Gables injury lawyer can help you assess all of this. If you’ve lost someone you love in a Miami car crash, suing for damages won’t make up for that, but it can help for you to be able to hold those responsible for the Miami-Dade wrongful death accountable.

Lawsuit Filed Against UM Student, Father For Fatal Accident, CBS Local, October 5, 2011

Family of loved one killed in crash files lawsuit, WSVN, October 5, 2011

Related Web Resources:
MADD- Drunk Driving

Florida Dram Shop Act, Justia

More Blog Posts:
Decline in Florida Motor Vehicle Crashes Reported, South Florida Injury Lawyer Blog, September 29, 2011

Widow Sues Port St. Lucie Police Sergeant for Palm City Motorcycle Accident Death, South Florida Injury Lawyer Blog, July 22, 2011

Man Files Miami Car Accident Lawsuit Against Ex-NBA Heat Player Alonzo Mourning, South Florida Injury Lawyer Blog, July 20, 2011

According to the state’s Department of Highway Safety and Motor Vehicles, there has been a 4.6% drop in the number of Florida traffic deaths. Compared to 2009, when there were Florida 2,565 motor vehicle fatalities, there were 2,444 Florida traffic deaths reported in 2010. That’s a nearly 31% drop since 2005. County wise, the number of traffic fatalities also went down in Miami-Dade, Palm Beach, and Broward Counties last year.

2010 figures also show, however, that the number of Florida pedestrian deaths have gone up by 3.5%. There were 482 pedestrian fatalities in 2009 and 499 Florida pedestrian deaths in 2010.

Other 2010 Florida Traffic Facts:
• 195,104 Florida motor vehicle injuries occurred in 124,847 crashes
• Drunk driving was a 794 Florida traffic deaths
• 12,168 alcohol-related injuries
• 957 drug-related injuries
• 7,290 Florida pedestrian injuries
• 76 Florida bicycle deaths
• 4,600 bicycle injuries
• 4,925 bicycle accidents
• 7,484 Florida motorcycle accidents
• 350 motorcycle deaths
• 6,686 Florida motorcyclist injuries
• 725 Florida motorcycle passenger deaths
• 80 Florida teen driver deaths—same amount of teen driver deaths as in 2009
• 64 teen passengers killed
• 26,848 Florida teen motor vehicle accidents

Our Miami-Dade motor vehicle crash lawyers represent clients that have been hurt in all kinds of collisions. It is important that you not speak with the other party’s legal representation or insurer without consulting with an experienced Miami personal injury lawyer first.

Although it might feel reassuring to settle your claim right away, by doing so, you prevent yourself the opportunity to recover more in the event that you discover that your injuries and the damage to your property are much more serious than you thought. Your legal team can also make sure that your rights are protected.

Traffic fatality rate continues to drop in Florida, Marco News, September 28, 2011

Traffic deaths drop in Florida, but pedestrian deaths climb, Sun-Sentinel, September 28, 2011

Related Web Resources:
2010 Traffic Crash Facts, Florida Department of Highway Safety and Motor Vehicles

Florida Highway Safety and Motor Vehicles

National Highway Traffic Safety Administration

More Blog Posts:
Miami Personal Injury Lawsuit Filed Over ATV Accident on Beach Seeks Damages From Police Officer and the Clevelander Hotel, South Florida Injury Lawyer Blog, July 29, 2011

Widow Sues Port St. Lucie Police Sergeant for Palm City Motorcycle Accident Death, South Florida Injury Lawyer Blog, July 22, 2011

Man Files Miami Car Accident Lawsuit Against Ex-NBA Heat Player Alonzo Mourning, South Florida Injury Lawyer Blog, July 22, 2011

A widow whose husband died in a Palm City motorcycle accident last year is suing Port St. Lucie Police Sergeant John K. Holman for his Martin County, Florida wrongful death. John Garcia died when his motorcycle and the 2002 Jeep Wrangler by Holman collided at the intersection of Mapp Road and Catalina Street early on June 16, 2010. Holman was off-duty at the time.

Florida Highway Patrol cited Holman with failure to yield, but the citation was thrown out when the FHP officer who investigated the crash did not show up at the hearing. Now, however, Alice Garcia and her son Derek Garcia, have filed a Palm City, Florida wrongful death lawsuit against Holman seeking over $1 million. Their personal injury attorney also wants to know why a Florida traffic crash that ended in a vehicular homicide only resulted in a failure to yield citation.

Florida Traffic Crash Deaths
Failure to yield, red light running, and failure to stop at a stop sign are just some seemingly simple violations that can result in deadly consequences for those involved. Even if the other motorist isn’t charged with vehicular homicide or other any charge or citation at all, this doesn’t mean that you and your family are not entitled to receive St. Lucie County, Florida personal injury or wrongful death compensation. Any civil case you would file would be unrelated from any criminal case, or lack thereof—and even if both proceedings were underway, their outcomes could be different.

By working with an experienced Port St. Lucie motorcycle accident law firm, you would have someone who can explore all the evidence and talk to witnesses to find out exactly what happened so that all negligent parties can be held liable. Suing someone for Florida wrongful death won’t bring your loved one back, but it can help you pay for losses and damages while holding the responsible parties accountable.

Port St. Lucie police sergeant sued for role in fatal 2010 crash, TcPalm, July 21, 2011

Related Web Resources:
What to Do in a Florida Car Accident, DMV Florida

Motorcycles, NHTSA

More Blog Posts:
$2.8M Florida Motorcycle Accident Verdict Awarded In Rider’s Daytona Beach Wrongful Death, South Florida Injury Lawyer Blog, April 27, 2011

$5.3M Naples Wrongful Death Verdict Awarded to Family of Motorcyclist, South Florida Injury Lawyer Blog, January 21, 2011

$8.4M Palm Beach County Motorcycle Accident Verdict Awarded In Florida Wrongful Death, South Florida Injury Lawyer Blog, December 14, 2010

21-year-old William Candelario is suing former Miami Heat basketball player Alonzo Mourning for Florida personal injury. Candelario claims that the former NBA player failed to help him after he was injured in a Miami-Dade car crash on the Julia Tuttle Causeway on Sunday.

Mourning’s Porsche had reportedly stuck Candelario’s vehicle, which had been disabled in an earlier crash, close to the intersection with Interstate 95. The ex-Heat player says that he did stop and check on Candelario before leaving the scene. He then called the authorities and then returned to the crash site. He has not been charged in the crash. Candelario, however, believes that Mourning could have done more to help him. He is also suing Eddy Desir, who is the driver of the car that was involved in the first collision with him.

Candelario’s Miami car accident lawyer says that his client sustained a concussion and suffered memory loss. Because of his injuries, he received treatment at the Aventura Hospital emergency room twice. It is not known at this time whether any of Candelario's Miami car crash injuries are permanent.

Miami Car Accidents
It is important when someone is involved in a car crash and there have been injuries for those involved to do everything possible to help the victims. This includes contacting 911 and making sure that the injured parties get the help that they need. Leaving a car crash scene where there are injuries or deaths is a crime. Failure to provide medical help can sometimes result in more serious injuries or health complications and even deaths that could otherwise have been prevented if only help was sought and administered sooner.

Also, Florida’s PIP statute requires that everyone have their own personal injury protection, this may not be enough to cover injuries, medical costs, recovery expenses, and other damages and losses from your Miami traffic crash. You may want to explore your legal options to find out whether you should file a Miami personal injury lawsuit against the negligent parties.

Suit targets Alonzo Mourning, claiming he left crash victim too soon, Sun-Sentinel, July 20, 2011

Mourning on car crash: I stopped, did nothing wrong, Miami Herald, July 20, 2011

Related Web Resources:
Involved in a car crash in Florida? Should you dial 911 or just swap information?, The Palm Beach Post, April 25, 2011

Florida PIP, Florida Department of Highway Safety and Motor Vehicles

More Blog Posts:
Palm Beach Wrongful Death Lawsuit Against Polo Mogul John Goodman Can Proceed Even With Criminal Case Unresolved, Says Judge, South Florida Injury Lawyer Blog, November 3, 2010

Mother Files Florida Pedestrian Accident Lawsuit Against Alleged Drunk Driver Over Daughter’s Wrongful Death, South Florida Injury Lawyer Blog, November 17, 2010

Belle Glade Man Awarded $720,000 Palm Beach County Truck Accident Verdict by Jury, South Florida Injury Lawyer Blog, October 29, 2010

We’ve all read about auto defects that can cause catastrophic Palm Beach County car accidents. Faulty engines, worn tires, air bag malfunctions, and stuck accelerator pedals can lead a motorist to lose control of a vehicle and crash. Now, here are allegations of another type of auto defect—one that doesn’t require anyone to be driving the car let alone even be in it.

In her Broward County auto products liability complaint, Kimberlin Nickles is suing Toyota and car dealer JM Lexus for her daughter Chastity Glisson’s Boca Raton wrongful death. Glisson died of carbon monoxide poisoning after leaving her Lexus running in her garage last year. Nickles believes that her daughter either forgot to shut down her car’s engine or thought she had done so but in fact did not. Glisson’s boyfriend, Timothy Maddock, was also a victim of the CO poisoning incident and is also suing Toyota for Palm Beach personal injury.

Toyota’s Smart Car system is a keyless system that doesn’t require anything to be inserted into an ignition. Instead, it is a key fob that allows a car to keep running as long as the device is near the vehicle. Nickles contends that because her daughter’s Lexus was designed to have an engine that was “virtually soundless and smooth,” it was easy for her daughter to not realize that the vehicle was still running.

Nickles is not the first person to sue Toyota for auto products liability and wrongful death over the Smart Key system design. Also, the National Highway Transportation Safety Administration has received a number of complaints from consumers who left their vehicles running even after they were no longer in the car and had taken the key fob with them.

South Florida Auto Products Liability
It is the responsibility of an auto manufacturer to make sure that their vehicles and their parts are designed in a way that does not increase the chance of injury or death. If there are certain safety risks, then the automaker needs to warn about them and remedy the situation. Convenience and modern technology must never substitute for safety.

Unfortunately, many people are too intimidated to sue giant automakers. You need to work with an experienced Palm Beach car crash law firm that understands the complexities of an auto products liability case and is not afraid to get you the compensation that you are owed.

Smart Key Blamed for Another Death, Courthouse News Service, June 21, 2011

Suit Blames Toyota 'Smart Key' for Carbon Monoxide Death, Consumer Affairs, June 2011

Woman Dies, Man Found Unconscious From Carbon Monoxide, WPBF, August 27, 2011

Toyota sued in carbon monoxide tragedy that killed 79-year-old lawyer, NY Daily News, November 7, 2010

Related Web Resources:
Toyota

Complaints, Safercar.gov

Related Web Resources:
Florida Products Liability: Senate Passes Tort Reform Legislation That Could Limit Payouts from Manufacturers of Defective Autos, South Florida Injury Lawyer Blog, March 24, 2011

Will US Supreme Court’s Revival of Seat Belt Defect Lawsuit Against Mazda and Window Defect Case Against Ford Pave the Way for More Florida Auto Products Liability Cases?, South Florida Injury Lawyer Blog, February 28, 2011

Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers, South Florida Injury Lawyer Blog, February 28, 2010

72-year-old Patrick Macklin died today when he was fatally struck in a Boynton Beach pedestrian accident. The Palm Beach County Sheriff’s Office says that Macklin was walking on Woolbright Road early in the afternoon when he was hit by a BMW. According to one witness, Palm Beach County Fire Rescue workers told her Macklin might have survived the traffic crash if someone had conducted CPR on him before rescuers arrived.

Elderly Pedestrians
In Florida, which is a haven for many seniors and retirees, there are often elderly residents out walking. It is important for drivers to realize that some older pedestrians may not be as alert or as quick to respond as their younger adult counterparts, which is why motorists should exercise caution when they seem them on the road and sidewalks.

Some Important Facts About Elderly Pedestrians:
• Elderly pedestrians are at higher risk of dying in a traffic crash than younger adult pedestrians.
• Over half of older pedestrian deaths occur at non-intersections.
• Dangerous driving behaviors that can lead to elderly pedestrian accidents include red light running, failure to yield, distracted driving, failure to spot pedestrians, blocking the crosswalk, drunk driving, and cell phone-related driving accidents.

Not only can it be harder for older pedestrians to get out of the way of an approaching car, but also their hearing and vision may be diminished. These slight impairments can make it hard for them to notice an auto until it is too late.

If you believe negligent driving caused your Boynton Beach personal injuries, do not hesitate to contact our Palm Beach County car crash law firm today.

Man hit, killed by car on Woolbright in Boynton Beach identified, WPTV, May 23, 2011

Related Web Resources:
Pedestrians, 2009 Data, NHTSA (PDF)

Palm Beach County Fire Rescue

More Blog Posts:
Miami-Dade County Car Crashes on I-95 Kill Four, Injure Three, South Florida Injury Lawyer, March 6, 2011

Man’s Legs Severed in Miami Car Accident, South Florida Injury Lawyer, January 19, 2011

Recent Palm Beach County Car Crashes, Pedestrian Accidents, and Bicycle Collision Cause Deaths and Injuries, South Florida Injury Lawyer, January 12, 2011