Florida Personal Injury Lawyer Blog

Drowsy Driving Causes Many Florida Car Accidents

Mon, 13 May 2013 12:30:24 -0500

As Fort Lauderdale car accident attorneys we are too familiar with the personal injuries and wrongful deaths caused by distracted driving . However, there is an equally dangerous behind the wheel activity which does not get as much publicity as distracted driving, and its something too many drivers do, drive while drowsy. In fact, according to governmental studies, more than 1000 people die each year in car accidents and truck accidents caused by a drowsy driver.

One of the reasons drowsy driving is difficult to reduce is that police are unable to determine when an accident is caused by a drowsy or sleeping driver. Unlike drunk driving accidents, in which police can measure whether someone is under the influence, or a distracted driving accident, in which cell phone records may reveal what a driver was doing at the time of a crash, there is no way to measure how sleepy a driver was when an accident happened.

And while the commercial trucking industry is subject to various limits on the number of hours a driver may operate a vehicle before being required to sleep, those limits are often exceeded because those drivers keep their own logs.

Because drowsy driving is an activity that most motorists have done, thinking they were alert enough to drive, this problem it is difficult to educate against. As for legislation, only one state has passed a law penalizing drowsy driving. Other states have taken measures to awaken drowsy drivers by installing rumble strips and other physical lane restraining devices to alert drivers who may be drifting out of their lane of travel of travel. Despite folklore, activities including loud music, talking or eating do not cause a drowsy driver to be more alert.

As Miami personal injury lawyers we believe that the results of the Centers for Disease Control study which found that nearly 5% of all drivers briefly fell asleep at least once a month, are alarming and require greater driver education, particularly among new drivers of the dangers that such drowsy behavior may cause.

Car Accident Deaths of Young Drivers Increase

Wed, 08 May 2013 10:44:37 -0500

As Fort Lauderdale car accident attorneys who also happen to be parents of teenagers, we know too well the dangers associated with young drivers on the road. That is why we are disappointed to report that a recent study revealed that wrongful deaths of such young drivers rose almost 20% over the past six months.

Sadly, this is the second straight year that such teen driver deaths have risen, as last year demonstrated a three percent increase, ending an eight year reduction streak. As with other recent studies, an independent safety expert related the dramatic increase in teen car accident wrongful deaths to a turn-around in the country's economy; people tend to drive more when they have more income. Other causes include distracted driving, which hopefully here in Florida, will lessen with the passing of a recent law prohibiting texting while driving.

Car accident deaths involving teens were not the only such rise, according to NHTSA projections, all traffic fatalities are expected to rise about 8% for the upcoming year. As Fort Lauderdale personal injury lawyers we only hope that our legislature continues passing common sense bills, like the texting ban, to get back to reductions in such needless deaths.

Car Accident Wrongful Deaths Increase

Mon, 06 May 2013 12:26:40 -0500

As Miami car accident attorneys, we are always excited to report news of deceases in roadway deaths; sadly, however, we've come across a recent study from the NHTSA which shows that wrongful deaths from traffic accidents experienced its first increase in more than seven years. Despite ongoing education efforts and increased law enforcement, deaths from motor vehicle collision were up more than five percent over last year.

While experts had apparently anticipated an increase, in-step with improvements in the country's economic situation, as highway traffic rose by almost a third of a percent last year, unfortunately the rate at which deaths occur is expected to rise by more than 6 tenths of a percent. This increase is the first in more than a seven year period which has provided about a 25% drop in traffic fatalities.

The data also revealed that motorcycle related deaths rose almost 10% over prior year, and now make up almost 15% of all vehicle wrongful deaths. This increase is particularly alarming in Florida, where we have no mandatory helmet laws. We certainly hope that the recently passed ban on texting bill will help stem the tide on distracted driving's role in this rise in fatalities, making Florida's roadways safer.

Most Underage Drinking Wrongful Deaths Not From Car Accidents

Mon, 22 Apr 2013 12:43:00 -0500

As personal injury attorneys here in Florida, we often pass along news involving reductions in the causes of accidents. However, as parents we occasionally come across information that meets that need, but includes other concerning revelations. A recent study from Mothers Against Drunk Driving sadly meets that exception. The study revealed that more than sixty-five percent of all underage deaths attributed to alcohol consumption, happen due to reasons other than car accidents.

The study, which was based upon statistics from the Federal Bureau of Investigations, revealed that about thirty percent of alcohol involved deaths of minors happened in car, truck or motorcycle accidents. Sadly, the publicity for the causes of the vast majority of underage drinking deaths, including to self-inflicted wounds, murders and alcohol sickness, are too often overlooked by the media; resulting in parents overlooking these other deadly effects of underage drinking.

The study demonstrates the need for parents and children having frequent conversations about the dangers associated with underage drinking, and to begin those discussions early in adolescence. As other studies demonstrate that almost ten million adolescents drink alcohol each month, it is clear that underage drinking is a significant problem.

Given the prevalence and difficulties associated with peer pressure, we can only hope that parents and schools devote additional resources towards educating minors to the many dangers of excessive alcohol use.

Florida Senate Approves Texting Ban to Reduce Car Accidents

Tue, 16 Apr 2013 13:49:04 -0500

As personal injury attorneys representing seriously injured victims of car accidents throughout Florida, including Miami, Fort Lauderdale, the Florida Keys and Palm Beach, we are happy to report that the Florida Senate finally voted on, and approved, a ban on texting while driving. The bill will now move on to the Florida House of Representatives for their consideration.

Considering Florida is only one of a handful of states that has not addressed the ever increasing dangers associated with texting while driving, the Senate's common sense approach to this deadly epidemic is welcome news. Incredibly, almost a dozen teenagers perish each day in distracted driving car accidents.

Instead of allowing a police office to stop a driver solely for using their phone, the bill considers texting/emailing as a secondary violation. This means that a police officer will have to observe another driving violation, such as speeding, in order to pull over the offender. We remind our fellow Floridans that using a smart phone while driving is anything but smart.

Personal Injury Victims To Repay Medicaid Less

Thu, 11 Apr 2013 12:01:04 -0500

As personal injury attorneys representing seriously injured victims of car accidents and fall downs throughout Florida, including, Miami, Fort Lauderdale and the Palm Beaches, we know that most of our clients are surprised when we inform them that they must repay their health insurance companies, Medicare or Medicaid for any payments they made towards medical bills for treatment of injuries suffered in an accident.

This repayment requirement is based upon the legal principle of subrogation. Essentially, this means that the health insurance company stands in the shoes of the accident victim. Most states have specific laws which protect the rights of the health insurance companies and Medicaid; Medicare is protected under Federal Law. When we are able to settle an accident victim's case, we attempt to reduce the amount being sought as repayment by these payers. And, while Florida Law requires private health insurance companies to take various factors into consideration in reducing their subrogation interest, including the attorney's fees and the injured person's comparative negligence, state laws protect Medicaid from such equitable reductions.

Now, thanks to a recent ruling from the United States Supreme Court, Medicaid will have to take these factors into consideration in reducing their subrogation claims. In Wos vs. Ema, the Supreme Court held that Federal anti-lien laws prohibit states from enacting their own laws which fail to take determine what portion of an accident victim's recovery was for the medical bills, versus their lost wages or pain and suffering.

We are hopeful that this "law of the land" will assist us in helping our client's maximize their net recoveries, by repaying less of their case compensation to Medicaid. Although, given Florida Medicaid's prior stance on such negotiations, we anticipate needing the presiding judge in each case to Order Medicaid that they must follow the law, just like everyone else.

Number of Distracted Drivers Increases

Wed, 10 Apr 2013 13:16:41 -0500

The cause of the ever increasing number of deadly car accidents throughout Florida, particularly in larger cities like Miami and Fort Lauderdale is well document in a recent study by the Centers For Disease Control about distracted driving. The study found that almost seventy percent of drivers admitted to using a cell phone to talk or text while behind the wheel during the past month. This rise in the dangerous use of so-called smartphones while driving presents a danger to everyone on the roadway; and despite increased efforts to educate drivers, this conduct continues to result in deadly car accidents every day.

The study confirms the government's suspicions, that texting behind the wheel is increasing, as prior studies demonstrated that one quarter of drivers admitted to texting while driving, and now, that number has risen over thirty percent. As personal injury attorneys representing seriously injured victims of car accidents, saying we are alarmed at this twenty-two percent increase in two short years is an understatement.

This driving while using a smart-phone use is the reason why wrongful deaths caused by distracted driving are increasing, while the overall amount of traffic deaths is dropping. In fact, according to the report, in 2011 such wrongful deaths caused by distracted driving increased almost two percent, while other types of traffic deaths dropped by the same amount.

We agree with the study's characterization of the conduct which results in these crashes and deaths as not being accidental, as the driver who decides to use his phone while driving, does so consciously, not by accident. We also agree with the Centers for Disease control in urging drivers to put down their phones until they are able to stop off the roadway. Remember, using a smart-phone while driving is anything but...smart.

Drivers Causing Rear End Crashes Can Blame Who They Hit

Wed, 28 Nov 2012 14:42:14 -0500

The Florida Supreme Court recently overturned fifty years of legal precedent by ruling that a driver who causes a car accident by running into another vehicle from behind can argue, and a jury may consider, that the driver who was struck was also at fault, or comparatively negligent. Essentially this ruling means that careless and distracted drivers, such as those texting while driving, can argue that the vehicle they struck came to an unexpected stop without warning.

The Court felt that the legal doctrine of comparative negligence should apply to rear end car accident personal injury cases when there is evidence, no matter how unsubstantiated, for a jury to consider if the driver of the stopped vehicle was at fault. Thankfully the Court's decision made clear that it does not overturn the presumption of negligence when a injured person is properly stopped at a red light or stop sign.

In setting aside 60 years of law, in which the person who caused a rear end crash was presumed to be at fault, the Supreme Court opened the flood gates of unnecessary and extensive litigation. This ruling will certainly cause an increase in litigation as insurance companies will argue that their drivers could not stop in time because an injured victim stopped without warning.

As personal injury lawyers helping innocent victims of car accidents throughout Florida, including in Miami and Fort Lauderdale, we are distressed with our highest Court's decision to allow clearly at fault drivers to argue that those they hit were at fault.

Florida Legislature to Consider Ban on Texting

Mon, 26 Nov 2012 14:19:14 -0500

In hopes of preventing deadly car accidents, the Florida legislature is going to reconsider passing a law which would ban drivers from texting or reading emails. The proposed legislation would classify texting as a secondary violation, only allow a police officer to issue a citation to a driver if the officer pulled them over for another violation, such as speeding. The proposed law would not prevent drivers from using their nav systems or from using hands free software.

If passed, the law would follow the National Transportation Safety Board's recommendation to halt cell phone use while operating a vehicle. The goal of the NTSB's recommendations is to reduce distracted driving. Such a reduction would hopefully diminish the more than four thousand wrongful deaths which occur on roadways each year due to distracted drivers. Sadly, Florida is currently only 1 of 5 states which have no restriction on texting while operating a motor vehicle.

As personal injury attorneys helping accident victims throughout Florida, we can only hope that our legislature passes this common sense measure, which has, in the past, been opposed by legislators with misguided intentions. Given the increase in texting, particularly by younger less experienced drivers, any legislative action to make our roadways safer is welcomed.

Florida Court Allows Injured Drunk Driver's Case Against Ford to Continue

Thu, 15 Nov 2012 10:31:55 -0500

Florida's 2nd District Court of Appeals ruled that a personal injury products liability case against Ford Motor Company, in which a drunk driver caused a single car accident and suffered catastrophic personal injuries may continue. The injured motorist claimed that she suffered personal injuries because Ford negligently designed the suspension and roof supports in a 1999 Ford Explorer.

The Court held that if someone is injured due to a car's mechanical defect, that Florida's strict liability standard in product liability cases should hold the manufacturer responsible even if the defect which caused the injury was not the cause of the crash. The Court reasoned that a manufacturer's responsibility should also include cases where a crash is not caused by a structural defect; stating that how a crash occurs, and the mechanism of injury, are inseparable and should be considered a single incident. And, because such car accidents and personal injuries are foreseeable, the vehicle manufacturer must assume those risks.

Having helped seriously injured victims of dangerous products across the State of Florida for more than twenty years we agree with the Court's reasoning and hope that all manufacturers understand the necessity in making their products less dangerous and crash-worthy.

Driving While Drowsy More Common Among Younger Drivers

Fri, 09 Nov 2012 09:19:32 -0500

A recent study by AAA found that drivers aged sixteen to twenty-four drive in a drowsy state more often than older drivers. Almost 15 percent of these younger, and less experienced, drivers admitted to falling asleep, albeit briefly, while driving. Unfortunately, the number of older drivers, who also admit to drowsy driving is also a dangerous 10 percent. Such dangerous behavior accounts for 17 percent of all car accidents resulting in wrongful death, and 12 percent of car accidents resulting in personal injuries.

Warning signs of drowsiness while driving include problems focusing, head bobbing, not being able to keep a vehicle within its lane of travel. According to the study, younger motorists, due to their inexperience, do not understand the dangers associated with drowsy driving. AAA believes drowsy driving to be one of the most dangerous and understudied car accident related issues.

Thankfully efforts are being made, including the installation of small speed bumps along roads which are intended to notify sleepy drivers that they are veering off the road. We remind Florida drivers to use common sense prevention tips, including getting a full night's sleep prior to driving, having someone else in the car with you, drinking coffee and stopping every couple of hours.

Palm Beach Police Use Airplanes to Prevent Deadly Car Accidents

Fri, 19 Oct 2012 10:47:11 -0500

Along a stretch of I-95 in Palm Beach County, to hopefully reduce the number of deadly car accidents,the Florida Highway Patrol has resorted to using airplanes to monitor and catch speeding drivers . That particular part of the county has become prone to excessive speeding since the number of lanes increased. In fact, more than thirty deadly accidents have happened in that area of the county over the past 6 years.

The flying officers time vehicles as they drive between white lines which are painted on the roadway. By calculating the amount of time it takes a vehicle to travel a specific distance, a computation is made as to that vehicle's speed. The Florida Highway Patrol hopes that as word of their flying enforcement efforts spreads that it will have a deterring effect upon motorists, causing them to think before they speed.

While most motorist think the FHP's action is just another way to increase revenue by writing more tickets, as they usually cite more than 100 drivers every few days, it really is about lessening deadly accidents caused by excessively speeding drivers. As personal injury attorneys helping innocent victims of such deadly crashes, we applaud the highway patrol's actions and hope that such enforcement will save the lives of our fellow Floridians.

Fake Airbags Can Result in Deadly Car Accidents

Mon, 15 Oct 2012 10:04:10 -0500

The federal government recently issued an alarming report concerning the prevalence of counterfeit airbags being installed by non-new car dealer repair shops. According to the NHTSA, thousands of repaired vehicles are currently being driven with fake airbags, which unfortunately will prove dangerous when those vehicles are involved in a car accident. The vehicles targeted for such fake airbags also includes many commercial trucks.

Incredibly over 90% of the fake airbags tested did not work as required in crash tests. As such, the government has a list of the vehicles for which such fake airbags are likely to be used listed on its site at Safercar.gov. While thus far the NHTSA has not liked any wrongful deaths to the fake airbags, it is not likely that a police officer investigating a crash is able to differentiate a fake from a real airbag.

This issue presents such a significant danger that the government is asking all vehicle owners whose model of car is listed on their website, and whose car has undergone replacement of airbags within the last 3 years to bring their car to a dealership for inspection and verification.

Wrong Way Crashes In Florida Frequently Caused by Drunk Driving

Tue, 09 Oct 2012 08:31:01 -0500

Although they occur infrequently, wrong way crashes, in which a driver is improperly driving against traffic on the wrong side of the road, are some of the most deadly and destructive car accidents. According to the NTHSA there were almost 400 such crashes during the past 5 years.

As personal injury lawyers representing injured victims of deadly car accidents, we are saddened, but not surprised, by the Florida Highway Patrol's determination that drunk driving played a significant role in the 22 such collisions in Ft. Lauderdale and Palm Beach over the past 5 years. Even though roads are designed with various warnings, drunk drivers are often too impaired to notice them. Thankfully many of the at fault drivers being convicted of drunk driving.

As engineers continue to develop roadway systems which activate when a driver enters a roadway in the wrong direction, we hope such advances in technology will make our roads safer by reducing these deadly crashes. Of course, greater use of ignitiion locks on prior drunk driving offender's vehicles can only help remedy this deadly problem.

Wrongful Deaths Caused by Car Accidents Increase

Sat, 06 Oct 2012 08:17:27 -0500

We are sorry to report that according to the NHTSA, deadly car accidents increased by almost ten percent over the past six months. This rise in wrongful death related car accidents brings to an end a five year decrease in such fatalities.

Incredibly, more than 16,000 people died in car and truck crashes during the first half of this year. While the NHTSA cannot yet determine a cause for the surprising increase, speculation is that lower gas prices contributes to an increase in roadway traffic. Of course, there can be no doubt that the increase in distracting driving, which here in Florida, our legislature continues to refuse to address, played a significant role in the deadly increase.

We certainly hope that this year's increase is a blip which will not reverse the previous five years' decreasing trend.