Transportation Secretary Buttigieg previously said the government was working to reduce deadly car accidents by commencing a “safe system” approach that would evaluate roads and cars designs. The program will be funded from the infrastructure law, which includes a $5 billion fund that will provide grants aimed at protecting bicyclists and pedestrians. The infrastructure law requires technology that could address some causes of fatalities, such as including breath monitoring devices in cars. The government released this deadly car accident information in advance of the Labor Day holiday, in hopes of educating drivers to avoid reckless conduct, like drinking and driving, and texting while driving. The government is also introducing a multi-million-dollar campaign to advanced driver education and safety. While NHTSA has responsibility for the safety of vehicles, much of its budget is dedicated to advertising campaigns and help for law enforcement. Some safety advocates say the federal government has struggled to move beyond its long-standing focus on driver behavior.

As we remember during the beginning of the pandemic, roads had much less traffic but those on the roads drove at much faster speeds, not being burdened by rush hour congestion. With most people thinking the pandemic is in the past, Americans drove more than 750 billion miles between January and March, a rise of more than 5 percent versus 2021.NHTSA determined that the death rate on U.S. roads during the first three months of this year was 1.27 per 100 million miles driven, also a significant rise from 2020. .

As car accident lawyers, we at the Law Offices of Joseph Lipsky, sadly see the life altering consequences of reckless drivers. We remind all drivers that with the ready availability of ride shares, that there is no reason to drink and drive. And as for your cell phone, remember there is no call or text worth your life, the phone can wait. Being careful behind the wheel is safer for everyone.

According to the National Highway Traffic Safety Administration, nearly 43,000 people lost their lives in car and truck accidents last year, an increase of 10.5% over 2020, which itself had the highest death rate in fifteen years. In comparison, during 2019, car accident death rates rose nearly 20 percent, which was the highest rise since the mid-1940s. Trying to determine the reason for the dramatic increase is difficult, but researchers believe it is a deadly combination of faster reckless drivers using their phones while behind the wheel.

Not surprisingly, Florida is a top state for distraction-related automobile deaths, according to data from MoneyGeek.The Sunshine State had over 500 distracted driving deaths during the years 2019 to 2020. The only state with more distracted driving deaths during that time was Texas. In hopes of changing the path of deadly crashes in Florida, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and the Florida Highway Patrol started a campaign, during National Distracted Driving Awareness Month, to teach Florida motorists about the importance of avoiding distracted driving. According to FLHSMV data, distracted driving crashes resulted in 333 fatalities in 2021 – the highest recorded in Florida in at least 8 years. On average, there were more than 1,000 distracted driving crashes every week across Florida last year.

In addition to distracted drivers causing deadly crashes, increases in the number of electric cars, which are faster than internal combustion vehicles, led to greater risks for pedestrians and bicyclists, who may not hear the approaching electric vehicle. The number of heavy vehicles with greater horsepower on the roadways is also at an all-time high. Heavy fast vehicles dramatically increase the likelihood of death or serious injuries from a crash. The EPA found that vehicle’s average horsepower has nearly doubled over the last 20 years.

Also, large trucks and SUVs, given their weight, are especially dangerous for pedestrians. Data shows that these vehicles pose a deadlier threat to pedestrians as compared to cars when making turns. The Insurance Institute for Highway Safety found that while a vehicle with a higher ride height can help with down the road visibility, they cause the driver to have a greater blind spot in the areas immediately in front of the high vehicle. Increasingly bigger vehicle is a reason why more than seven thousand pedestrians died in traffic accidents last year, a rise of more than thirteen percent from the prior year. Although we drove the least number of miles during the Covid-19 lockdowns, because those on the road drove more carelessly, there was actually an increase in the number of pedestrian deaths per mile driven. In order to turn the tide against the rising number of roadway traffic deaths, there needs to be greater regulatory changes, in combination with drive behavior changes – particularly making sure drivers and passengers use their seatbelts. The NHTSA’s data shows the number of unrestrained drivers and passenger who have died in car accident rose more than twenty percent over the last two years.

Having helped too many families deal with the tragic death of a loved one after a Florida car accident caused by a distracted or reckless driver, we again tell your fellow Floridians, please put your phone down when you’re behind the wheel. Even a quick glance at your phone while your vehicle is moving puts everyone else on the road, and all passengers in your vehicle, in danger.

working teachers for their efforts, especially during Covid, in molding good citizens. Now more than ever, we need to applaud teachers for all they do.

The government estimates that the number of car accident deaths during the period last year from January through September rose by twelve percent compared to the same time frame in 2020, a rise which was the highest recorded in over forty years, the greatest rise since the government’s Fatality Analysis Reporting System began monitoring traffic deaths. In fact, the number of car accident deaths of the year’s first nine months was the highest during those months since 2006. As expected, Florida, which was one of the first states to lift pandemic restrictions, was one of the states which lead the rise in traffic accident deaths. The rise in fatalities correlates to 1.36 traffic deaths per 100 million vehicle miles driven, which statistically was a slight rise from the 1.35 per miles traveled measured in 2020. Interestingly, the deadly rise diminished during the third quarter of 2021 versus the same quarter of 2020.

In light of this shocking rise, the Department of Transportation vowed to roll out a nationwide plan, called the National Roadway Safety Strategy, in hopes of reversing this deadly trend. Specifically, part of the recently passed infrastructure law will encourage states to build safer roads, with dedicated bicycle and bus lanes, increase lighting along rural roads and install more crosswalks. Given the difficulties local police departments are having deploying officers for traffic patrols, plans also call for installation of speed cameras, which are disfavored by motorists, but provide for greater and more cost-effective speed enforcement. Evidence is clear that reducing speeding motorists correlates to an equivalent drop in violent crashes, meaning lives are saved.

The primary components of the Roadway Safety Strategy, according to the plan put out, including:

• Safer People: Encourage safe, responsible behavior by people who use our roads and create conditions that prioritize their ability to reach their destination unharmed.
• Safer Roads: Design roadway environments to mitigate human mistakes and account for injury tolerances, to encourage safer behaviors, and to facilitate safe travel by the most vulnerable users.
• Safer Vehicles: Expand the availability of vehicle systems and features that help to prevent crashes and minimize the impact of crashes on both occupants and non-occupants.
• Safer Speeds: Promote safer speeds in all roadway environments through a combination of thoughtful, context-appropriate roadway design, targeted education and outreach campaigns, and enforcement.
• Post-Crash Care: Enhance the survivability of crashes through expedient access to emergency medical care, while creating a safe working environment for vital first responders and preventing secondary crashes through robust traffic incident management practices.

As personal injury attorneys helping seriously injured car accident victims across Florida, we applaud and encourage the government’s efforts to reduce deadly car accidents, which is why we remind everyone to focus on driving safety and avoid using cell phones while driving.

A report published by the Governors Highway Safety Association for 2020 demonstrated the most significant increase in car accident related pedestrian death rate since the National Highway Traffic Safety Administration established its Fatality Analysis Reporting System. The initial reporting unfortunately found nearly seven thousand pedestrians died during 2020. That number represents a 4.8% increase over the prior year’s deaths.

In fact, the numbers mean there was a twenty-one percent increase in the pedestrian death rate – based upon a rate of 2.2 per billion vehicle miles driven. That increase is particularly concerning as we Americans drover significantly fewer miles over the past year due to lockdowns and pandemic related business closures and work from home requirements of the past year. Those figures, which we must remember represents actual loss of life, occurred despite a 16.5% reduction in vehicle miles traveled nationwide. Last year’s rise continues the pattern of increasing danger for pedestrians – as pedestrians fatalities made up 17% of all traffic deaths in the prior year, a nearly fifty percent increase from the 13% amount of pedestrian deaths in 2010. Basically, pedestrian deaths rose by nearly fifty percent over the past decade, while all other car accident-related deaths increased by only 5%.

The report, which is compiled from mandatory data accumulated by state highway safety offices. While the data is preliminary, that is until the National Highway Traffic Safety Administration finalizes it, it is disconcerting and should shock all of us.

Considering the safety advances vehicle manufacturers have implemented for drivers and passengers, it is clear more attention must be paid to address the dangers vehicle pose to pedestrian and bicycle riders. There is no doubt that one of the most prevalent factors contributing to the rise in pedestrian deaths is an associated increase in the number of truck and SUVs on Florida’s roadways. Other likely factors contributing to the rise in pedestrian car accident deaths are speeding, drunk driving, stoned driving and driver distraction such as cell phone use. Distracted driving also includes using a vehicle’s navigation system and reading to emails. Although many states issue citations to drivers for texting to be a primary offense, not all states enforce those law as rigorously, in fact, Florida only last year made texting and driving a primary citable offense.

Drivers don’t fully understand that if they are driving 55 mph, if their eyes leave the road for only five seconds, their vehicle move over 300 feet down the road; that right, in merely five seconds their car will travel over the length of one football field. The report also found that the majority of pedestrian deaths from car accidents happen at night and at areas which are not considered to be intersections.

Fort Lauderdale personal injury lawyer Joseph Lipsky reminds his fellow motorist that they must always be on the lookout for pedestrians and bicycle riders. Remember it only takes a moment of distraction to change the path of someone’s life.

While safety advocates had hoped for a silver-lining during Covid, that a significant drop in vehicular traffic would result in an equally impactful drop in car accident deaths; the sad part is that those who choose to drive during the lockdowns actually demonstrated riskier driving behavior, including driving at high speeds. The dangerous driving was also documented by the Insurance Institute for Highway Safety, which confirmed that more speeding meant deadlier crashes. Those findings seem out of place when looking back at Florida’s March and April, 2020, state of emergency and stay-at-home orders.

Most observers point to Covid-19 as significant contributing factor in the rise in deadly crashes – a statistic which is omitted from the Covid-19 reported death numbers. The safety council calculated that Americans drove nearly thirteen percent less over the past year; yet, the rate of driving deaths per 100 million vehicle miles driven increased by nearly twenty-five percent to 1.49, the greatest percentage increase in over 100 years.

While the National Highway Traffic Safety Administration has not yet reported their official full-year traffic accident statistics, initial evaluations found a similar dramatic rise in the rate of car accident deaths last year. To better understand the implications of the pandemic’s affect upon traffic deaths, the Insurance Institute, the Governors Highway Safety Association and the National Road Safety Foundation, are joining forces to commence statewide projects meant to reduce excessive speeding.

The findings in the United States are shocking especially when compared to other developed countries, which had by contrast a significant drop in car accidents car accident deaths over the past year. And of course, Florida’s reputation for dangerous drivers was verified as our state was one of the deadliest during the past year. Last year more than 3,300 drivers, pedestrians or passengers died in car accidents across the State. In fact, there were over 340,000 car accidents in Florida during 2020, with an additional 212,122 reported injuries. While the number of total car accidents dropped from 2019’s number of 401,893, the number of deaths rose by nearly ten percent, which confirms the severity of those crashes.

The National Safety Council is advocating for a number of safety measures to help combat reckless driving as the country begins to climb out of the pandemic, including breath-test ignition locks for convicted drunk drivers, reducing speed limits and greater enforcement of laws which ban texting and cellphone use while driving. Fort Lauderdale personal injury lawyer Joseph Lipsky also reminds his fellow Floridians to always use your seat-belt and place children in properly installed car seats. He also urges all motorcycle riders to wear approved helmets, as they are nearly forty percent effective in preventing deadly injuries to motorcycle drivers and their passengers.

While the stay-at-home restrictions emptied the roads of significant traffic, driver speeds rose steadily, resulting in a shocking rise in car accidents and wrongful deaths. Usually, economic slowdowns resulted in less miles being drive, last year’s drop was almost 20% versus 2019. Despite such a large drop, the ratio of car accident wrongful deaths rose by nearly twenty percent, up to 1.25 per 100 million vehicle miles traveled.

According to the NHTSA “Preliminary data tells us that during the national health emergency, fewer Americans drove, but those who did took more risks and had more fatal crashes,” the safety agency said in a letter addressed to the nation’s drivers. Traffic deaths rose 0.6% during the first-quarter of 2020, but they fell 1.1% in the second quarter as coronavirus lockdowns restricted movement. Car accident wrongful deaths dramatically rose by 13.1% from July through September. As the pandemic began and drivers encountered less crowded roads, they drove faster. And with police officers reluctant to interact with motorist, in a need to protect themselves from transmission of the virus, there was a drop in enforcement of traffic safety laws.

NHTSA reported an increase of more than twenty percent in car and truck speeding compared to the months leading up to the pandemic. That rise in speeding had a commensurate rise in serious injuries, as the study also found that nearly two-thirds of all trauma center visits were due to serious car accident, a rise from fifty percent prior to COVID-19. In other words, the number of drivers and passengers who died rose despite a serious drop in the number of miles they traveled.

Another sadly surprise is that the number of vehicle occupants who were ejected in car accidents doubled from 2019, meaning those driving were not using their seatbelts. While vehicle use has returned to near pre-Covid levels, data has found that drivers’ habits have not returned to normal, meaning they are continuing to drive faster and without taking proper precaution. So, while the number of car accident injuries in Florida during 2020 actually dropped to 209,333, from 254,823 in 2019, the rise in deaths due to the increase in driver speeding is more than concerning.

We at the personal injury law offices of Joseph Lipsky can only hope our fellow Floridians realize the less crowded roads are not an invitation to speed. As we all have enough reasons to be concerned about our health, the dangers of reckless driving are yet another matter we can control by slowing down. As the old expression says, let’s slow down and “Arrive Alive.”

Recently researches have begun to focus on the causes of this deadly rise, as they’ve come to realize that the majority of pedestrian wrongful deaths are not the result of bad luck, but rather due to poor planning by engineers and politicians who have routinely ignored needed safety studies before building new roadways. Additionally, the growing number of large SUVs on the road has contributed to the increase in deadly collisions.

Most drivers do not realize that due to the height of SUVs they are prone to strike pedestrians in their torso, the site of vital organs, rather than in their legs – which may result in fractures, but not death. Studies found that SUVs cause nearly 110 wrongful deaths per 1,000 pedestrian collisions versus 45 caused by cars.

Distracted driving is another significant factor in the rise in pedestrian deaths, despite that fact that most police departments do not have reports which adequately report the role cell phone use plays in pedestrian and bicycle accidents. However, as nearly all drivers admit to using their phones while behind the wheel it is clear that the role distracted drivers play in pedestrian accidents is underreported.

Additionally, safety engineers have failed to consider the speeds they allow on roads which are known to have significant pedestrian traffic. This is particularly concerning as the majority of pedestrians die in crashes where a vehicle was driving more than forty miles per hour. This is an easily correctable issue which lower speed limits, roadway cameras and better road design including better and more streetlights are able to address. Roadway design in particular can an immediate impact on pedestrian death prevention, by simply providing more crosswalks and stop signs; sadly, most drivers will not stop for pedestrians at unmarked intersections. Also by providing additional time for pedestrian to cross marked crosswalks, traffic engineers can save lives particularly in locations with an older population which walks slower.

More deadly pedestrian crashes happen in suburban areas where high speed roads are located near homes and apartments.

Lastly, public relations campaigns are needed to change the narrative journalists use when reporting pedestrian crashes. Too often those stories blame the injured or deceased pedestrian without regards for a poorly designed road or a speeding motorist. Having continually battled the ongoing tort reform narrative, Fort Lauderdale personal injury lawyer Joseph Lipsky agrees that the term “accident” which implies there’s no fault for a crash, that discussion about pedestrian versus car incidents should be referred to as a “collision.”

The AAA examined safety systems from a number of vehicle manufacturers by driving more than 4,000 miles in their vehicles and found problems and issues with those vehicles on an average of one malfunction every eight miles. The most frequently seen problems revolved around keeping cars in their own lane of travel and in those vehicles being able to identify and avoid vehicles which were stalled or stopped in front of them, with many of those cars with supposed self-stopping systems actually crashing into a stopped vehicle nearly 66% of the time, at speeds in excess of 20 m.p.h.

In AAA on-road tests, each system had difficulty keeping its cars in its own lane, often times coming dangerously close to another car. Simulated track driving showed all vehicles, even those with self-acclaimed safety awards, were not able to consistently recognize a broken-down vehicle. Other manufacturers’ vehicles were not able to be tested as their systems were only designed to be used on specific roads, like highways divided by guardrails – meaning they are not helpful in many real-world driving situations.

The AAA researchers were surprised at the lack of advancement and reliability in the proclaimed safety features, noticing little change in reliability since their last round of testing in 2018. The researchers have gone so far as to recommend that manufacturers not overstate the ability of their system’s capabilities. The study also found that systems which oversee acceleration, braking and steering, frequently stopped working without notifying drivers; meaning, motorist had no idea that a system they are relying upon has actually stopped working. The tests included vehicles equipped with systems called “Highway Driving Assist,” “EyeSight,” “Co-Pilot 360,” “Super Cruise,” and “Active Driving Assistant Professional.” Names which are created and marketed to instill driver confidence. Not surprisingly, the disclaimers, that is the language which explains the limitations of each system, are usually buried within the voluminous pages of vehicle manuals.

AAA believes that because these safety systems have now found their way into the majority of new vehicles being sold, no longer just as options in luxury vehicles, that most drivers have a misplaced sense of security in the help afforded by the technology which causes them to disregard their own senses to avoid crashes. Those assumptions and reliance present a deadly and dangerous mix for unknowing drivers.

AAA urge manufacturers to design a uniform method of notifying drivers that a vehicle safety system is not working properly or has disengaged. The current varying mix of methods, which changes from manufacturer to manufacturer, makes vehicle driving too difficult. Because some vehicles use lights and others use a vibrating steering wheel, motorist are not always sure what any particular notification means.

We at the Law Offices of Joseph Lipsky certainly hope our fellow drivers realize that they cannot hand off their responsibility to drive safely to a car’s safety system, even one which is publicized as always working. Every driver has a duty to be on the look out for hazards and to drive their vehicle safely. For the safety of our fellow motorist in Miami and Fort Lauderdale, we urge all drivers not to ignore their responsibilities just because they paid for some technology safety system which may not work.

The National Trial Lawyers is a professional organization of premier American trial lawyers who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers provides recognition to these distinguished attorneys, and also provides essential legal news, information, and continuing education to trial lawyers across the country.

During Joseph Lipsky’s first year as a Top 100 Civil Plaintiff Trial Lawyer, Mr. Lipsky has shown that he has continuously exemplified superior qualifications, leadership skills, and trial results as an admirable trial lawyer. The National Trial Lawyers: Top 100 would like to thank Mr. Lipsky for their continued and valued membership during such thriving times for this exclusive organization. The National Trial Lawyers anticipates exceptional growth for Mr. Lipsky as an outstanding trial lawyer and well-respected member of The National Trial Lawyers: Top 100.

As most of us know, vehicle traffic dropped once the State and most counties, including Miami-Dade, Broward, Palm Beach and Monroe ordered business to close or reduce capacity in hopes of slowing the spread of Covid-19. According to the Director of Florida Atlantic University’s Center for Urban and Environmental Solutions, the significant decrease in roadway traffic is either attributed to those closures or a general overall fear many Floridians have related to the virus.

Researchers noted a variance between vehicle traffic on roads in and around cities as compared to roads considered to be rural. The study determined that around one million vehicles traveling each day along rural roadways showed a drop commencing in mid-March. Then comparing the number of that traffic to that along so-called city or urban roadways, the researches noticed approximately 5 million vehicles daily in the beginning of March, surging to a height of 7 million as the month progressed and dropping down to 3 million daily vehicles by the end of the month.

Researchers believe that the variance in daily car and truck traffic was due to the varying restrictions each county placed upon its citizens as the pandemic rolled across the State of Florida. Although the researchers were not certain as to the specific reason for the variance between city and rural traffic reductions, realizing that further study will be needed.

Given the spike in Covid cases and rising number of deaths and hospitalizations across Florida, particularly in Miami, many businesses are faced with the very real and concerning need to close again, which will certainly contribute to a drop in vehicle traffic and related car accidents. Of course, in the context of the economic devastation the pandemic is causing a drop in vehicle traffic is immaterial. However, any drop in car accidents and injuries is a welcome confluence of circumstances.

We hope that car insurance companies will continue to evaluate the premiums they charge and offer greater refunds and reductions to Floridians who are clearly not driving the number of miles they use to drive; meaning the insurance companies are profiting well above the amount they should, solely on the backs of Floridians. If the insurance companies are not proactive in helping their customers, it rests upon Florida’s Department of Financial Services to protect drivers from overpriced insurance. Now is the time the state should finally think of the interests of drivers over the profits of insurance companies.

The Coast Guard’s report confirmed that Florida had the most dangerous waterways, as they were the scene of nearly 700 boat and jet ski accidents last year. In fact, Florida’s waterways were more than twice as dangerous as California, the next ranked stated. Florida had 679 boating accidents which resulted in 55 wrongful deaths. The property damage from those accidents was almost ten million dollars. And while the number of accidents and personal injuries rose by two percent from the prior year, fatalities actually dropped by the same amount.

According to the Florida Fish and Wildlife report, Monroe County was followed by Miami-Dade in the greatest number of accidents. The Keys had ninety boat accidents with six deaths. Miami Dade had seventy-three accidents with two deaths. Due to the number of locals and tourists enjoying the Keys to fish and dive, it is not surprising that that destination is the most dangerous.

Unfortunately, those enjoying a day on the water tend to also enjoy drinking alcohol, because the Coast Guard found that alcohol was the main factor in every boat accident last year. Alcohol use was also a significant factor in almost twenty-five percent of all fatal boating accidents. The other contributing factors to boating accidents were operator inattention, improper lookout, operator inexperience and excessive speed. Much of the operator error could be avoided if self-proclaimed boat captains received formal boating instruction and certifications. Education is necessary as seventy percent of boating accident resulting in a death had a captain/operator who did not receive any formal boating safety instruction.

And incredibly, but sadly not surprisingly, nearly ninety percent of the victims who lost their lives were not wearing life jackets. This is a glaring statistic because nearly eighty percent of boating accident related deaths were due to drowning. Just like a passenger in a car needing to wear a seat-belt, “It’s critical for boaters to wear a life jacket at all times because it very likely will save your life,” said Capt. Scott Johnson, chief of the Office of Auxiliary and Boating Safety. In hopes of educating the public about the clear importance of life vest use, the Coast Guard in cooperation with the National Safe Boating Council launched a statewide boating safety campaign called “Wear it Florida.” The campaign encourages boaters to always wear a life jacket whenever they are on the water.

Interestingly, eight of every ten drownings involved a person who was operating or riding upon a vessel less than 21 feet in length. Open motorboats were involved in the greatest number of deadly accidents with kayaks and personal watercraft a distant second and third. The need for proper instruction and supervision is critically important for tourist use of personal watercraft, as nearly half of all personal watercraft accident involved a rented vessel.

With nearly 1 million registered vessels across the State of Florida, boating is an ever increasingly way for residents and tourists to spend their time and to enjoy some outdoor social distancing. Due to the number of vessels on our waterways, Miami boat accident lawyer Joseph Lipsky reminds all boaters to use due care, not to drink or use drugs while operating a vessel and to make sure all those on their vessel are using a proper fitting and coast guard approved life jacket.

Most car drivers don’t understand the limits tractor trailers have in being able to respond to the actions of another motorist. Professional drivers frequently encounter other drivers who are texting, talking on their phone rather than using a hands-free device, not allowing adequate distance when passing a tractor trailer or following too closely behind a truck. Tailgating is particularly dangerous, as truck drivers are not able to see a vehicle behind them unless it is far enough back to be visible in its sideview mirrors. Car drivers need to remember that tractor trailers have many blind spots.

Drivers need to remember that tractor trailers are not able to stop quickly, so when a car pulls out in front of a tractor trailer, which weighs nearly 80,000 pounds, they need to make sure there is enough room for the truck driver to stop if needed. When motorist fail to recognize the limitations truck drivers and their vehicles have, unfortunately deadly accident happen. In fact, recent studies demonstrated that nearly seventy percent of crashes in which a driver or passenger dies involve a collision between a car and a large truck.

These are some of the reasons why truck drivers experience a high number of work related injuries. In fact, while traffic injuries and fatalities have dropped for driver and passengers in cars and small trucks, the number of professional truck drivers who are injured or killed has increased annually over the past decade, according to the U.S. Bureau of Labor Statistics who examined fatalities-per vehicle-mile-traveled.

While much of government’s responses address trucker and tractor trailers, including rules implementing the use of speed limiting governors on heavy trucks and requirements for more pre-employment training, which is on top of regulations which further limit the number of hours a truck may driver within any given 24 hour period, as monitored by electronic in-vehicle computer logging of hours and miles driven; recently additional regulations are being considered to help protect truck drivers from other motorists.

Such regulations include increased use of so-called speed cameras, which photograph license plates of vehicles traveling in excess of a posted speed limit, similar to red light cameras. While we agree that some of the nearly 2 million truck drivers on our roads daily need to drive more carefully, particularly while on some of the more crowded highways, including SR 826 and SR 836, so to do all drivers need to exercise common sense by putting their phones down, regardless of how congested the traffic is, and pay attention to the other vehicles on the road, whether another car or tractor trailer. Only by having all motorists pay attention while they are behind the wheel will we finally see a substantive drop in the number of avoidable deadly traffic accidents.

The report found that nearly 6,600 pedestrians died in car and truck accident related crashes over the past year, an uptick of almost five percent from 2018. As one can imagine, the Association is dismayed by the data, which represents thousands of affected families.

While the researchers have difficulty determining the precise reason for the deadly increase, they attribute the rise to driver conduct including the ever increasing use of cellphones and driving under the influence of drugs and alcohol – a situation which will only continue to rise due to the growing trend of legalized marijuana use. In fact, driver intoxication played a role in about one-third of all car accidents resulting in a pedestrian fatality, with about sixteen percent of all drivers involved in pedestrian related crashes being legally drunk.

The Association also found that poor lighting along roadways upon which pedestrians are known to use and the absence of properly marked crosswalks also play a role in the increase.

As we are personal injury lawyers know too well, there is a direct link between the increase in driver smartphone use and the dangers to pedestrians. In fact, over the past decade the number of smartphones being used has increased 4xs. That decade’s long trend correlates to the fifty percent rise in pedestrian deaths over the past 10 years, while the number of vehicle occupant deaths has only increased by two percent. Clearly driver smartphone use is an ever increasing danger to pedestrians and bicycle riders. According to the National Highway Traffic Safety Administration car accident occupant deaths continued to drop, by nearly four percent in the first half of last year, a follow up on the heals of a nearly three percent decrease in 2018.

As anyone who’s driven a new car knows, the drop in vehicle occupant car accident deaths can be attributed to the rise in autonomous driving features, including automatic braking and equipment to assist drivers in avoiding crashes.

And of course, Florida remains one of the most dangerous states for pedestrians, as was one of the five states which were the site of nearly half of the deaths.

The report also found that the vast majority of the rise in pedestrian wrongful deaths took place in the evening, when the number of pedestrians who died in car accidents rose by nearly seventy percent, as compared to only a sixteen percent rise in daylight crashes involving pedestrians. And logically, the majority of pedestrians died along multi-lane roads and in the middle of blocks, rather than at intersections.

Also not surprisingly, traffic engineers found that more pedestrians are likely to die in crashes with an SUV rather than a car, given the vehicle’s greater weight and higher driving position. The data revealed that deaths involving pedestrians hit by an SUV nearly doubled over the past ten years.

As personal injury lawyers practicing in Miami and Fort Lauderdale, we can only hope that drivers keep their eyes on the road, instead of on their phones, and be ever watchful for pedestrians and bicyclists. We also remind those walking along roads remember that cars and trucks deserve your attention more than the post or text you are reading or sending. Both motorists and pedestrians have a responsibility for each other and their own safety.

The study found that over the past year, seventy-five percent of rear seat passengers used a seatbelt, which was a decrease from prior years. The crash wrongful deaths were not limited to cars, which accounted for half of the unbelted fatalities, an equal number involved rear-seat passengers in trucks and vans. The study concluded that if those rear-seat passengers were using a seatbelt, more than half would have survived the car accident.

The study was based upon an investigation of police reports and the damage from thousands of car and truck accidents and compared them to federal statistics. Those federal statistics confirm that rear-seat shoulder/lap seatbelts do prevent wrongful deaths in nearly fifty percent of crashes. When analyzed for those traveling in the rear of light trucks and vans, seatbelts were more than seventy percent effective in preventing wrongful deaths. Despite the fact that those states with mandatory rear-seat seatbelt laws have a significantly greater survival rate in serious car accidents, Florida still does not have a mandatory rear-seat seatbelt law for passengers older than 18 years of age.

As a result of Florida’s failure to require rear-seat passenger belt usage, less than sixty-seven percent of rear-seat passengers actually use an available seatbelt, which puts them at a significantly greater risk of being injured or killed in a crash. In light of the advances in safety and accident prevention being developed by car manufacturers with regards to front-seat passengers, who at nearly ninety percent usage, are more prone to buckle up; the same attention to safety has not taken place regarding rear-seats and the passengers who use them.

Considering the inability to install airbags for rear-seat passengers, those riding in the second and third row of vehicles need to take greater control of their own safety by using available seatbelts. And while most vehicles have audible alarms which chime when a front seat passenger does not use their seatbelt, most vehicles do not have the same warning notifications regarding rear-seat passengers. While such alarms may not cause all rear-seat passengers to use their seatbelts, it will at the very least cause drivers to remind their rear-seat occupants to buckle up. As Fort Lauderdale car accident lawyers, we can only hope that those advances and greater driver awareness will cause rear-seat passengers to use their seatbelts and be spared serious injury.

While some car makers have begun to install automatic braking systems, which are designed to protect bike riders and pedestrians, the majority of manufacturers have not made such systems standard, instead only offering those as expensive options. As we’ve previously reported, due to the ever increasing problem of distracted driving and the rise in the number of large vehicles on the road, which are more deadly than cars, the need to protect those outside of vehicles has become a pressing need, particularly in Miami and Ft. Lauderdale where our weather encourages more outdoor activity, including walking and biking. Thankfully the vast number of car manufacturers have decided to get ahead of pending regulations and agreed to have emergency braking installed in all their vehicles by late 2022. Also, the Insurance Institute for Highway Safety is trying to motivate manufactures to speed up implementation of such equipment by letting manufacturers know that only vehicles with pedestrian detection and braking systems as standard equipment will be eligible for its Top Safety Pick rating. The IIHS believes autonomous braking will help motorists avoid nearly 30,000 car accidents and prevent over 10,000 injuries within the next 5 years.

In addition to automatic emergency braking, manufacturers are evaluating other pedestrian and cyclist safety measures, such as those being used in Europe, including using materials on bumpers which are less rigid, meaning they will cause less damage to a pedestrian. Other advances include the utilization of so-called artificial intelligence which will allow cars and trucks to react more quickly to unexpected dangers. AI is also being used to trigger faster responses from emergency personnel, including ambulances and fire rescue, which it is hoped will result in fewer serious car accident injuries.

The technology will use measurements from a vehicles sensors to monitor the severity of crashes and estimate the type of emergency response needed. Like vehicle speed and aggressive driving monitors, the program will install devices in vehicles which are connected to a central data bank to determine if particularly vulnerable body parts were likely injured in a crash. That information is they relayed to physicians who can treat serious injuries in real time, by making sure they are taken to a trauma hospital rather than a local emergency room.

We could not agree more with the need for an expansion and implementation of accident prevention and life saving technology.

Not to stress this point, but according to Jack Nelson, the AAA director of traffic safety and research, “this is at least two people killed every day at the hands of drivers blowing through red lights.”

While the purpose of the study was not to determine the reason for the increase in red-light related car accident deaths, the AAA still postulated that one contributing factor is that we are driving more as a society. According to the data AAA tracked, the average number of miles motorist drove over the last ten years, since the great depression, increased by more than five percent, a figure confirmed by the Federal Highway Administration. Other uncontroverted factors include the exponential rise in the number of so-called smartphones being used by drivers and the increase in in-vehicle information and entertainment systems.

Handheld and in-vehicle devices are a significant part of why drivers are ever increasingly distracted. The increase of distracted driving is one of the primary reasons why the total amount of car and truck accident deaths rose by nearly 15% over the last three years to a high of just over 37,000 across the United States. This fact must not be overlooked by passengers, as more than half of those killed in car accidents were not the drivers, but rather passengers or pedestrians. This is why the AAA reminds passengers not to further distract drivers, particularly as they approach intersections and traffic control devices, like stop lights.

The AAA is encouraging traffic engineers to make roadway changes including more roundabouts and including red-light cameras at particularly busy intersections, although they do not expect local governments to have or allocate the necessary financial resources to effectively make such changes. The hope is that the increasing implementation of self-driving vehicles will result in greater accident avoidance and the preservation of human life. We could not agree more, but it is likely that many years will pass before the amount of vehicles with viable accident avoidance technology will be on the road to make a meaningful change.

Examples of the differences between front and rear seat vehicle accident protections include poorly designed rear seat, seat belts, which actually subject rear-seat passengers to dangers which against which front seat passengers are protected in car accidents. While front seats have seat belt pre-tensioners, which act to engage a seat belt before a crash happens, while at the same time providing the occupant with room to lessen a potential injury, those systems are not as prominent or efficient for back seat passengers when a Miami car accident happens.

The Institute’s study involved a detailed reviewed more than one hundred deadly car accidents, those in which teenagers and adults were actually using rear-seat safety belts. The results demonstrated that many rear-seat passengers suffered serious and deadly chest injuries in car crashes due to safety belts which were not adequately designed to prevent serious injuries. In some cases, back-seat passengers suffered chest injuries from belts which were too tight. In other car crashes, the rear-seat passengers sadly struck their heads against the seat back in front of them, resulting in serious head injuries including concussions. The institute recommended car manufacturers consider installing airbags on the back of front seats, so as to offer another level of protection for rear seat passengers; no such technology is installed in any vehicle at this time, although some car makers have installed inflatable seat-belts.

These findings should not cause rear-seat passengers to stop using seat belts. In fact, more driver education is needed to remind everyone in a car to use a seat belt. Unbelted rear seat occupants are likely to become projectiles in a head-on collision, likely to be thrown into the front part of a vehicle, even striking the front windshield. Further, despite the study’s findings, experts still recommend that all children and babies are seated Iin the back seat, properly strapped into either rear-facing car seats or safety boosters, as front seat airbags pose a significant risk of injury to them.

We at the Miami Personal Injury Law offices of Joseph Lipsky agree that given the rise of rear-seat occupants, particularly with the rapid increase of passengers using ride sharing services such as Uber and Lyft, that greater attention needs to be paid to the safety of back seat occupants. Any efforts by car manufacturers to save lives and prevent serious injuries, especially to those who think they are safer riding in the rear of a car, we welcome.

And of course, Florida again is considered one of the most deadly states for car accident deaths, partially due to some of the most lenient driving laws in the country.

Car accident dangers are evaluated in the study in 5 categories including occupant protection, child passenger safety, teen driving, drunk driving and distracted driving. Florida drivers demonstrated some of the most dangerous behaviors resulting in 2,922 fatal crashes with over three thousand car accident wrongful deaths in 2017.U.S. crash deaths fell slightly in 2017 but still reflected the second-deadliest year on the road in the last decade. As expected, given Florida’s recent rise in legal marijuana use, some of the most frequent causes of deadly car accident include drugged driving and distracted driving.

One of the ways to change the momentum and further decrease the likelihood of deadly car crashes is by more aggressive legislation. Currently Florida has minimal laws regarding seat belts and distracted driving, such as only front seat passengers being required to use seat belts, studies recommend that Florida’s legislature pass more driving safety laws, including:

▪ Rear seat passenger seat belt law.

▪ Requiring all-rider motorcycle to use a helmet. Currently motorcycle drivers over 21 with $10,000 in medical insurance coverage are permitted to ride without helmets.

▪ Rear facing child car seat requirement through age 2.

▪ Mandatory booster seat law.

▪ Changing the age from 15 to 16 for a learner’s permit.

▪ Raising the age from 16 to 18 for unrestricted license for teen drivers. Currently get a driver’s license at 16 in Florida, if written and road tests are passed.

▪ Requiring ignition locks for all DUI offenders that would stop them from driving if the user fails a breath test.

▪ Implementing text messaging restriction.

▪ Cellphone restriction. Twenty states and D.C. lack optimal laws restricting cellphone use for teen drivers.

This uptick in traffic deaths is particularly concerning with regards to the number of pedestrians killed along U.S. roadways, which rose to its highest level in nearly 30 years, with more than 6000 pedestrians were killed in 2018. The reason for the increase in pedestrian traffic deaths is significantly tied to the exponential growth of pickups and SUV on the road. These bigger and heavier vehicles cause more significant injuries.

With Florida being one of the most deadly states from pedestrians, additional legislation may prevent some of the more deadly driving behaviors. Including: Further education about drowsy driving, which is a factor in nearly ten percent of all car crashes. And, putting more restrictions of users of now legal medical marijuana.

We at the Ft. Lauderdale car accident lawyer offices of Joseph Lipsky, P.A. believe that some common sense laws by our legislature would save lives, making our roads safer for motorist, pedestrians and cyclists.

When politicians and planning mapped out our state, their desire was for efficient and fast travel. Unfortunately, that quest for speed had the unwanted effect of making pedestrian safety an afterthought. Considering more than 4,000 pedestrians die each year in car accident, a rate of one wrongful death pedestrian car accident every two hours, it is no wonder that pedestrian wrongful deaths from car accidents have actually rise over the past few years, while car accident deaths have actually dropped about six percent in the same time period.

Florida had almost 5,500 pedestrian wrongful deaths in the past decade; a fatality rate of 2.73 pedestrian deaths per 100,000 people, which equates to the study’s a Pedestrian Danger Index (PDI) of 182.0. The number of car accident versus pedestrian deaths in Florida is significantly higher than the national average of 1.55 per 100,000 and a PDI of 55. We are significantly higher than states with larger populations, including Texas, California and New York.

In South Florida, including Miami, Fort Lauderdale and West Palm Beach, more than 1,500 pedestrians died after being struck by a motor vehicle. And while Orlando had more than 650 car accident related pedestrian deaths over the past decade, its PDI of 313.3 is off the charts in terms of danger.

The study concluded that state planners, thinking only about vehicle convenience, built wide roads and long blocks which priorities vehicles and disregarding pedestrian and bike rider safety.

Not surprisingly, the older and less affluent members of South Florida, those who have limited choices but to walk are more likely to be the victims of car accident involving pedestrians which lead to death. Older pedestrians, who walk slower than younger members of our community, often find themselves taking longer to cross streets, making them more vulnerable. And according to the NHTSA, the ever growing number of SUVs on the road are 2 – 3 times more likely to be involved in a crash in which a pedestrian is a fatality.

Hopefully the Federal Highway Administration roll-back of car centric regulations will allow for the design and construction of safer streets with slower traffic. The FHA’s research indicates that pedestrian deaths drastically drop at speeds slower than 30 m.p.h.

We your Ft. Lauderdale car accident attorneys at the Law Offices of Joseph Lipsky, agree with the Complete Streets directive that we should stop calling pedestrian deaths as unavoidable accidents, because these deaths are preventable. Unfortunately, despite them being preventable pedestrian car accident deaths and injuries happen every day. This is why it is also important for all vehicle owners to have uninsured motorist coverage. Most people don’t realize that if you have uninsured motorist coverage on your vehicle it “follows” you where you are, even if you are a pedestrian or riding a bicycle. As many car versus pedestrian accidents involve the driver leaving the scene, the pedestrian’s own car insurance, if they have uninsured motorist coverage, will allow them to have a source of recovery even if the driver who hit them is never identified.