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 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

It is no longer a secret that texting and surfing the Internet while driving can be dangerous. Yet people continue to get hurt and die because someone was looking at the phone, checking email, sending texts, or surfing the Web rather than paying attention to the road. As our Palm Beach personal injury law firm has mentioned in the past, the US Department of Transportation reported 5,474 distracted driving crashes in 2009 alone. Not only that, but 11 teens a year are killed because of texting while driving. Also, the National Safety Council reports that 28% of traffic crashes that occur involved drivers talking on the phone or texting.

At Palm Beach Atlantic University yesterday, participants were given the opportunity to experience virtually how catastrophic texting while driving can become when they tried texting while on a virtual course. The simulated program, run by PEER Awareness road manager Robert Tower, travels to different schools to help educate teenagers about the dangers of texting combined with driving. The program also includes news footage of interviews with families who lost loved ones in distracted driving accidents involving drivers who were text messaging.

Hopefully, education and awareness will discourage teens and adults from texting or doing anything that keeps them from watching the road. Recently, a wrongful death lawsuit was filed against a woman accused of updating her Facebook while driving. The pedestrian who died was a 70-year-old man. Also, another man accidentally drove his car through a bridge guardrail and into a river because he was texting.

Unlike in a number of US states, in Florida there is still no ban on texting while driving even though 17 bills have been introduced pushing for this. That said, this does not mean that texting while driving is not negligent driving when injury or death occurs as a result.

Program exposes the dangers of texting and driving, Sun-Sentinel, February 21, 2011

Ban on Texting while Driving Urged for Florida, First Coast News, February 9, 2011

Representative says texting while driving ban could fail in FL, WZVN, February 21, 2011

Suit: Woman in fatal crash was updating Facebook, Chicago Tribune, February 15, 2011

Man who was texting behind wheel drives off Danvers bridge and into river, police say, Boston.com, February 22, 2011

Related Web Resources:
Distracted Driving, National Safety Council

Distraction.gov, US Department of Transportation

Distracted Driving, Peer Awareness

Continue reading "Preventing Palm Beach Car Accidents: Dangers of Distracted Emphasized During Simulated Display " »

November 8-14, 2010 marks Drowsy Driving Prevention Week. According to the American Automobile Association Foundation for Traffic Safety, 41% of drivers surveyed have admitted to drowsy driving. Unfortunately, what many people fail to realize is that driving while tired is similar to driving while under the influence of alcohol. Impaired judgment, slowed reflexes, blurred vision, a foggy mind, and possibly drifting in and out of consciousness can be symptoms of both drunk driving and drowsy driving. Our Miami car accident lawyers have seen the catastrophic consequences that can arise when someone is exhausted or falls asleep while operating a motor vehicle.

The National Highway Traffic Safety Administration estimates that drivers who fall asleep while driving are responsible for 71,000 traffic injuries, 1,550 fatalities, and over 100,000 motor vehicle crashes in the US annually. Per the AAA Foundation’s new study, drowsy driving plays a role in 16.5% of deadly US traffic crashes.

Among the study’s findings:
• Young drivers, ages 16-24, were the ones most likely to fall asleep while driving.
• Men more than women were more likely to fall asleep while operating a motor vehicle.
• 26.1% of those who admitted to falling asleep while driving did so between the hours of noon and 5pm. The percentage was about the same for drivers who fell asleep between midnight and 6am.

According to the National Sleep Foundation, a person that risks drowsy driving takes the chance that he/she will fall asleep at the wheel. That said, some groups are at higher risk of drowsy driving. In addition to young drivers, other motorists who are potentially at risk of this dangerous driving behavior include:

• Shift workers
• Commercial truck drivers
• People with sleep disorders—especially undiagnosed ones
• Business travelers suffering from jetlag
• Tired travelers

One need only look back to the 2009 Miami tractor-trailer accident in Oklahoma involving a 76-year-old trucker who investigators say fell asleep at the wheel. The multi-vehicle chain reaction crash that he triggered killed 10 people and injured 6 others.

Study examines toll of drowsy driving, Washington Post, November 8, 2010

Study shows drowsy drivers behind the wheel, Los Angeles Times, November 7, 2010

Related Web Resources:
Driving Tired is Like Driving Drunk, US News & World Report

Related Web Resources:
Drowsy Driving Prevention Week, National Sleep Foundation (PDF)

Read the AAA Foundation's Drowsy Driving Report (PDF)

Continue reading "Drowsy Driving: Drivers who Fall Asleep Behind the Wheel Causes 1,550 US Traffic Crash Deaths and 71,000 Injuries a Year" »

According to the National Highway Traffic Safety Administration, 2,558 people were killed in Florida traffic accidents last year. Alcohol was a factor in 770 of the fatalities. On one hand, these latest figures show positive progress. In 2008, NHTSA reported 2,980 Florida traffic fatalities—887 involving an alcohol-impaired driver. The number of Florida traffic deaths have gone down. That said, our Miami car accident law firm looks forward to the day when there are even less traffic injuries and deaths occurring each year in Florida.

Nationally, there also has been a decrease in motor vehicle traffic crash deaths and injuries. NHTSA reports that there were 33,308 motor vehicle fatalities in 2009—a 9.7% drop from the year before and the lowest number of deaths since 1950. Even the number of US motorcycle crash deaths went down from 5,312 fatalities in 2008 to 4,462 deaths in 2009.

More 2009 US Traffic Deaths and Injuries Facts:
• 2,217,000 traffic crash injuries
• 503 truck crash deaths
• 17,000 truck accident injuries
• 90,000 motorcycle crash injuries
• 4,092 pedestrian deaths
• 59,000 pedestrian injuries
• 630 pedalcyclist deaths
• 70,000 pedalcyclist injuries

US Transportation Secretary Ray LaHood says that the government is committed to making the roads safer.

NHTSA also has just released its 2009 Distracted Driving Fatality and Injury Numbers:
• 5,474 US distracted driving-related deaths
• 448,000 distracted driving-related injuries

Mr. LaHood has referred to distracted driving as an epidemic. Talking on the cell phone, texting, eating, playing computer games, fiddling with an iPod or stereo, surfing the Internet on a laptop, watching a movie on a portable DVD player, putting on makeup, and reading a book or magazine are just some examples of activities that people have been known to engage in while driving that have distracted them to the point that traffic crash injuries and deaths have occurred.

Although many states have imposed at least some (if not a full) restriction on texting and cell phone use, currently Florida has no such restrictions.

Distracted Driving 2009, NHTSA (PDF)

Highlights of 2009 Motor Vehicle Crashes (PDF)

Related Web Resources:
Florida Department of Transportation

US Department of Transportation

Distraction.gov

Continue reading "2,558 Florida Traffic Deaths in 2009, Says NHTSA" »

On Monday afternoon, a three-vehicle crash in Lake Wales, Florida killed a police officer. According to the Florida Highway Patrol, the crash occurred on State Road 25 and Jackson Street when the police officer was driving an SUV that traveled into the path of another vehicle. The officer attempted to avoid the auto crash and went into the path of the SUV, causing it to overturn.

The auto accident victim was thrown from his vehicle and passed away at the scene of the accident. The officer's passenger suffered minor injuries, but no other injuries were reported.

The Florida Highway Patrol continues to investigate this deadly car accident.

Source: Lakeland officer killed in crash, ABC Action News, January 19, 2010

Continue reading "Florida Car Crash Kills Police Officer" »

In West Palm Beach, Florida, five people died on the Florida Turnpike on Friday night when the sport utility vehicle they were riding in rolled over after it blew a tire. According to the Florida Highway Patrol, the driver lost control of the Ford Expedition and rolled into a 15-foot canal.

Eight people were in the SUV, which was completely submerged in the canal when police arrived. Troopers say that bodies had been ejected from the vehicle and children were crying at the crash scene.

Three people, a boy and two women, were pronounced dead at the crash scene. A dive team found the body of another boy the following morning. Another victim, a girl, was pronounced dead at Delray Medical Center, where the three survivors were also treated for their injuries.

Only four of the eight people riding in the SUV —driver Moline Etienne and the three injury victims that survived the crash—were wearing seat belts. The children were not riding in child safety seats or wearing seat belts.

The victims that died were Etienne, 23, Roodandray Louis, 3, Shelley Peters, 30, Natayel Meyer, 10, and Malesha Louis, 5. The victims that were injured but survived the crash are Gina Merceron, 41, Enichka Maurice, 15, and Shadrack Gustave, 6.

Tire Blowouts
There are many reasons why tire blowouts can happen. Defective tires is one reason that tire blowouts occur.

Examples of tire defects:

• Valve stem cracks
• Breaks in the tire fabric
• Damaged or exposed cords
• Knots and bumps resulting from tire damage

Tire blowouts can cause a motorist to lose control of the vehicle, resulting in motor vehicle collisions, SUV rollovers, and other catastrophic accidents.

5 dead in Turnpike crash,, Sun-Sentinel.com, October 18, 2008

5 Killed When SUV Rolls Over On Turnpike, WPBF, October 18, 2008

Related Web Resources:

The Hidden History of the SUV, PBS.org

Tire Blowouts on the Highway, Safety.com

Continue reading "Five People Killed in West Palm Beach After Tire Blowout Causes SUV Rollover" »