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

According to the Florida Highway Patrol, two Wellington teenagers were killed yesterday night and a third one injured after the car they were riding crashed into the back of a semi-truck on South Boulevard East of the Glades. An investigation into the Palm Beach County tractor-trailer accident is currently under way.

Per police, 18-year-old Mazelle M. Demeraski was driving a Camry east on Southern Boulevard when the car struck the rear corner of a semi’s trailer as the larger vehicle was crossing the intersection at C.R. 880. The impact of the crash caused the smaller car to roll over.

Demaraski and 18-year-old Jahmila Mariaca, both Wellington, Florida residents, were pronounced dead at the crash site. A third teen that was with them, 18-year-old Royal Palm Beach resident Eriberto Gomez Jr., was taken to the hospital for treatment of his injuries.

Meantime, the driver of the large truck, Burnice L. Thompson, did not stop at the crash site. Thompson, who was later stopped by police, says he didn't know that his vehicle had been involved in the deadly collision.

Florida Semi-Truck Crashes
If you or someone you love was seriously hurt in a South Florida tractor-trailer crash, you should speak to an experienced Palm Beach semi-truck accident law firm right away. There is a lot of information that evidence that will need to be gathered to determine who was at fault.

In some instances, the liable party will be the trucker and his/her trucking company. In other cases, it is the driver who of another vehicle that was involved in the large truck crash. Vehicle manufacturers of an auto or truck that malfunctioned can also be sued for Florida auto products liability, as can the government entity responsible for designing a road that lacked a necessary traffic light or stop sign. Depending on who or what caused your Palm Beach truck crash, there may be more than one party who should be held liable for Florida personal injury or wrongful death.

Two Wellington teens killed in semi crash; third teen expected to be released from hospital today, Palm Beach Post, March 30, 2011

Truck driver tells Martin deputy he was unaware vehicle was involved in double fatality, TCPalm, March 30, 2011

Related Web Resources:
FMCSA

Truck Safety Coalition

More Blog Posts:
Drunk Driver in 2009 Miami-Dade Truck Crash that Killed Three Kids Could End Up in Jail for 45 Years, South Florida Injury Lawyer Blog, February 18, 2011

Florida Tractor-Trailer Accident Kills Two, South Florida Injury Lawyer Blog, January 7, 2011

Broward County Tractor-Trailer Accident Injures Four People and Kills Three Teenagers, South Florida Injury Lawyer Blog, December 20, 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 " »

It’s been a little over two years since a Miami-Dade truck accident claims the lives of three young siblings. Now, Gabriel Delrisco, the drunken trucker who rear-ended the minivan they were in, has pleaded guilty to three counts of DUI manslaughter. He now faces up to 45 years in prison.

Delrisco was driving at speeds over 60 mph and with a blood alcohol content that was three times above the legal limit when he collided with the Serrano family’s vehicle that was stopped at a red light near Homestead on January 25, 2009. Killed in the Miami-Dade motor vehicle collision were Hector, 10, Esmeralda, 7, and Amber, 4.

Delrisco has apologized for his actions, and his attorney says that they don’t believe there is a “viable defense to the case.” The children’s parents, Hector and Mirian, say it is too late for an apology and that that their lives have been destroyed. Hector was in the minivan with the kids on the night of the fatal Miami-Dade auto crash.

Prior to the collision, Delrisco had received 29 traffic violation citations in 8 years, including one for drunk driving. Yet he still had a valid driver’s license when he drove his vehicle into the minivan.

Drunk Driving Crashes
Driving while impaired destroys the lives of everyone of everyone involved when there is a Miami car crash, and in many cases, the victim and his/her family may have grounds for a Florida injury lawsuit. A drunk driver is usually not coherent enough to pay attention to the road or keep proper control of a vehicle. Some drivers are so drunk that they may not even realize that they’ve struck a pedestrian or another car.

So many lives have been lost and families destroyed because of drivers who were drunk. There is still much that can be done to keep drunk drivers off the road and stop other parties from enabling them to get behind the steering wheel of a car while inebriated. Filing your Miami injury case won't bring your loved one back, but it will allow you to hold the responsible parties liable.

Homestead man pleads guilty in DUI crash that killed three children, Miami Herald, February 16, 2011

Drunk Driver Who Killed Three Kids in Crash Pleads Guilty, NBC Miami, February 16, 2011

Related Web Resources:
Florida DUI Laws

Mothers Against Drunk Driving

Two people were killed yesterday when the car they were riding was hit by a tractor-trailer on Interstate 95 and dragged 760 feet. Two other autos were also involved in the Florida semi-truck crash.

The two truck collision victims that died are Todd Olthoff and Marcy Olthoff, both 48. Also injured in the four-vehicle collision were Philip Keen, 74, and Sandra Keen, 72, who were briefly trapped in their auto. The driver of the fourth vehicle, Filbert Delva, 35, sustained minor injuries. A construction worker at the scene also sought medical care at the local hospital.

The Florida Highway Patrol says that the trucker, Miami Lakes resident Eduardo Avila, failed to slow down in a construction zone, which was near a closed exit ramp. That was when he rear-ended the Olthoffs’ vehicle, which ended up pinned under the tractor-trailer’s undercarriage. Avila then went on to rear-end the vehicles that were transporting Delva and the Keens.

A Florida Department of Transportation spokesperson says there were a number of signs warning drivers that there was construction on the highway. There was also a flashing sign warning that the exit ramp was closed.

Florida Tractor-Trailer Accidents
Getting hurt in any kind of Miami traffic crash is never pleasant, but the larger the size of the other vehicle involved in the crash with you, the greater the chance your injuries will be more serious. The impact of a semi-truck that is carrying tens of thousands of pounds of cargo colliding with a passenger vehicle can result in catastrophic consequences.

A Florida large truck crash is the kind of Palm Beach injury case that you or your loved one should start looking into as soon as possible after the collision. You will also want to make sure that you are represented by an experienced Miami truck crash law firm.

FHP combs for clues in deadly I-95 wreck, Florida Today, January 7, 2011

2 People, Dog Killed In I-95 Crash, WPBF, January 6, 2011

FHP names Palm Bay couple killed in multi-vehicle crash on I-95, Orlando Sentinel, January 6, 2011

Related Web Resources:
Florida Highway Patrol

Federal Motor Carrier Safety Administration

A Broward County truck crash involving a semi-truck rear ending two vehicles on US 27 has claimed the lives of three people while injuring four others. The catastrophic South Florida tractor-trailer accident occurred on US 27 on December 10.

Killed in the Broward County semi-truck collision were 19-year-old Anthony Perez of Miami, and 19-year-old Ileana E. Mira and 15-year-old Dairon Ledesma, who are both from Hialeah. The Florida Highway Patrol has been looking into whether illegal racing was a factor.

According to witnesses, the Honda Civic and Integra that the trucker Placid Ferdinand rear-ended were stopped and occupying two lanes of the road. FHP says that Ferdinand attempted to stop his Freightliner truck but failed.

The driver of the Civic, Miami Springs 18-year-old Angel Lazo says that he was not racing and that he was experiencing car trouble at the time. Lazo, and 18-year-old Virginia Gardens resident Raymond Garcia, who was driving the Integra, were among those who were injured. Other injury victims include Civic passenger and Miami Springs 19-year-old Matthew A. Foreman. Ferdinand’s wife, Sandy Kay Ferdinand, also sustained injuries.

Truck Accident
Our Miami tractor-trailer crash lawyers want to remind you of the importance of exploring your legal options as soon as possible. Going up against a trucking company to recover Broward County personal injury or wrongful death recovery can be a tough endeavor—especially when attempting this alone. Many trucking companies have the resources and manpower to fight liability claims against them. You need someone who can protect your rights and fight for your right to compensation.

There also may be other parties, such as the driver of another truck, the manufacturer of a faulty vehicle part, or the entity responsible for maintaining a road that had defects who should be held liable.

Third teen dies after truck hit two cars on US 27, Sun-Sentinel, December 10, 2010

Third South Fla. teen dies after Broward crash, Miami Herald, December 10, 2010

Related Web Resources:
Federal Motor Carrier Safety Administration

Truck Accidents, Nolo

Fatality Analysis Reporting System

Continue reading "Broward County Tractor-Trailer Accident Injures Four People and Kills Three Teenagers" »

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" »

A jury has awarded Niven Anderson $720,000 for his Glades, Florida truck crash injuries. The Belle Glade store owner was injured in 2007 during a hit-and-run traffic crash.

Anderson had to undergo surgery for his back and neck injuries. Gypsum Express Ltd. and trucker Matthew Moore are the defendants of the Palm Beach County truck accident lawsuit.

Hit-and-Run Accidents
Hit-and-run traffic crashes can further exacerbate the injuries of victims, who may end up having to wait even longer to receive medical help than they would have if only the other party that was involved in the accident had stopped at the collision site and called for help. Hit-and-run driving is against the law.

Florida Truck Accidents
Many trucking companies have the team and resources to dedicate towards minimizing liability during a Florida truck crash. This is just one of the many reasons why it is so important that you explore your legal options with a Palm Beach truck accident law firm that knows how to handle this type of South Florida injury case.

In other recent Florida truck collision news, a landscaper sustained facial injuries and a concussion after he was injured in a Lighthouse Point 18-wheeler truck accident on Friday. The worker, who was trimming trees, was in the bucket of a hydraulic arm that was stretched over the North Federal Highway when the semi-trailer truck passed below him.

Some of the Common Causes of Florida Truck Crashes:

• Distracted driving
• Driver inattention
• Speeding
• Failure to obey traffic laws
• Drowsy driving
• Poor truck maintenance
• Truck overload
• Medical conditions, such as sleep apnea
• Driving while on medication

Belle Glade store owner wins $720,000 for injuries in hit-run crash, The Palm Beach Post, October 27, 2010

Landscaper in cherry picker injured after truck hits him, Sun-Sentinel, October 29, 2010

Related Web Resources:
Federal Motor Carrier Safety Administration

The Truck Safety Coalition

Fatality Analysis Reporting System