Fort Lauderdale Car Accident Attorney Blog

The Florida Department of Highway Safety and Motor Vehicles is announcing a drunk driving crackdown that runs through the Halloween weekend.

As our West Palm Beach accident attorneys reported recently on our South Florida Injury Lawyers Blog, pedestrian accidents, fall accidents and dog-bite injuries are also a common Halloween danger. But the primary focus of the Florida Highway Patrol will be taking drunks off the road.

The "Drunk Driving. Over the Limit. Under Arrest" campaign runs Oct. 25-31.

“There is not a Halloween costume clever enough to hide an impaired driver who has made the poor decision to get behind the wheel,” said FHP Director, Colonel John Czernis. “Whether you’ve had one too many or way too many it is just not worth the risk. Remember, Buzzed Driving is Drunk Driving. Our troopers will be vigilant in their efforts to remove impaired drivers from our roadways.”

The state reports that 1,004 of the 2,563 fatal crashes last year were alcohol related, giving Florida one of the highest rates of drunk driving crashes in the nation.

The Patrol offers the following safety tips for a safe Halloween on the roads:

-Plan a way home in advance.

-Designate a sober driver.

-If impaired, use a taxi, call someone for a ride, or use public transportation.

-Call 8FHP (*347) to report a drunk driver on the road.

Continue reading " Authorities crack down on impaired drivers to reduce South Florida car accidents this Halloween " »

The bus driver blamed for a Palm Beach school bus accident has twice been disciplined and has received three speeding tickets in his three years as a bus driver for the school district, the Sun-Sentinel reported.

The 54-year-old driver struck a 17-year-old as he was crossing Seminole Pratt-Whitney Road, according to the Palm Beach County Sheriff's Office. The youth was listed in fair condition at S. Mary's Medical Center in West Palm Beach on Thursday.

The National Highway Traffic Safety Administration reports more than half of all fatal accidents involving school buses are pedestrian accidents or accidents that occur while a passenger is getting on or off the bus. It is incumbent upon school districts and busing companies to be proactive in protecting the safety and welfare of passengers and the public, and that includes properly monitoring the driving records of bus drivers.

Our Palm Beach injury lawyers note it is the second bus accident in Palm Beach this week. On Wednesday, a school bus was involved in an accident with a car at Boynton Beach Boulevard and Jog Road.

Continue reading " Pair of Palm Beach school bus accidents a reminder of dangers faced by motorists and passengers " »

Former Yankees star Jim Leyritz is set to stand trial this week in a Broward County courtroom on charges in connection with a fatal Fort Lauderdale drunk driving accident.

The family of the victim has already collected a wrongful death settlement from Leyritz, despite the fact that the former major league player is reportedly broke and that the victim was determined to also be legally drunk at the time of the accident. Florida's comparative negligence system permits a victim to collect damages even if he or she is partly at-fault in the accident. Victims who feel they do not have a case because of their own actions should always consult a Fort Lauderdale injury lawyer to discuss their case.

Leyritz is accused of running a red light while driving drunk three years ago. The resulting accident killed a 30-year-old Plantation mother of two who was on her way home from her job as a bartender. The former ball player had been out celebrating his 44th birthday prior to the December 2007 accident. He faces up to 15 years in prison if convicted.

In settling the wrongful death lawsuit, his insurance company agreed to pay the $250,000 policy limits and Leyritz will pay the family $1,000 a month for 100 months. He played 11 seasons in the major leagues and helped the Yankees beat the Atlanta Braves in the 1996 World Series. But more recently he has been forced to apply for support from a charity funded by current players that assists former players in need.

The Palm Beach Post reports that the judge has ruled inadmissible evidence that the victim was drunk, not wearing her seat belt and was receiving text messages at the time of the accident.

Continue reading " Former Yankee faces drunk driving trial in connection with fatal Fort Lauderdale car accident " »

A reporter and cameraman were injured this week in a Fort Lauderdale car accident when their television remote truck flipped over after reportedly colliding with a Jeep. The crash happened near the Kathleen C. Wright Administration building, which headquarters the Broward County School District, according to the Palm Beach Post.

Car accidents are the most common cause of work-related accidents. In all cases, an employee would be entitled to workers' compensation benefits for car accidents that occur while on the job. Such benefits are designed to pay the cost of your medical bills and a portion of lost wages.

In other cases involving work accidents while on the job -- or those in an accident with a work vehicle -- a personal injury or wrongful death lawsuit may be filed against the business. Employers carry large umbrella liability policies, typically in the amount of $2 million, to help protect against serious or fatal accidents involving a company vehicle.

The Bureau of Labor Statistics reports that more than one-third of all fatal work accidents involved a traffic accident in 2009, accounting for 1,682 of the 4,340 work-related deaths.

In this case, the crash happened about 9 a.m. near the intersection of Southeast Third Avenue and Southeast Sixth Street. Two WPLG Ch. 10 employees and the female driver of the Jeep were transferred to Broward General Medical Center.

The TV News employees were identified as reporter Neki Mohan and cameraman David Silver.

The white television truck was heading downtown, where firefighters were taking part in a training program that involved the controlled burn of a vacant building. The woman in the Jeep was an employee of the school district and was heading for the district's nearby parking garage.

Continue reading " Fort Lauderdale car accidents at work, or involving a commercial vehicle, entitle victims to compensation " »

A pair of deadly 15-passenger van accidents has the National Highway Traffic Safety Administration issuing a warning to churches, schools, and other organizations that use them for transportation.

A church van overturned in Georgia earlier this month after blowing a tire; four passengers were killed and 15 were injured. Last month, six passengers were killed in a New York van accident. Our West Palm Beach injury lawyers understand the complexities of such accidents and have the experience necessary to represent accident victims in cases where there are competing injury or wrongful death claims. Whether a church, soup kitchen, nursing home facility or other group, an organization has an obligation to ensure the safe passage of its members, customers or guests.

Such vans are frequently used by schools, churches, nursing homes and other organizations and the fall and winter driving season increases the risk of an accident. The NHTSA reports that tire maintenance is critical to preventing tragedies like the recent fatal rollover crashes.

"Users of 15-passenger vans need to make sure the vehicles have appropriately-sized tires that are properly inflated before every trip," the government reports. The government also discourages the use of spare tires to replace worn tires because tires degrade over time. A tire more than 10 years old should not be used at all.

The government is specifically addressing the advisory toward church groups, colleges and schools and other nonprofit organizations that use older 15-passenger vans. The agency says primary and secondary schools should not use the vans to transport children at all because they do not provide the same level of safety as school buses.

It is also against federal law to buy new 15-passenger vans for school transportation purposes.

Safety tips for 15-passenger vans include:

-Make sure the vehicles is properly maintained.

-Drivers need to be fully trained and experienced in operating a 15-passenger van.

-The 15-passenger vans are very sensitive to overloading and should not be overloaded under any circumstances. Overloading not only increases the risk of rollover, it also negatively impacts handling.

-Tire inflation and wear should be checked before every trip.

-Passengers should wear seat belts.

Here you can find additional safety information for 15-passenger vans.

Continue reading " 15-passenger vans at high risk of accidents in West Palm Beach and throughout South Florida " »

For more than 30 years, the National Highway Traffic Safety Administration has been providing consumers with crash-test performance data that helps vehicle buyers make well-informed safety choices when it comes purchasing a car or truck.

In an ongoing effort to improve the evaluation criteria, the NHTSA has updated its five-star safety rating system to include today’s technological safety enhancements. Newer technologies and newer standards ultimately mean better protection for occupants in the event of a Fort Lauderdale car accident, but they also change the ratings for many previously rated vehicles.

Newer evaluations include a front end and side-pole crash test series that measures how the vehicle protects the head, neck, chest and legs of occupants involved in a either a head-on crash or one where the car or truck strikes a tree or utility pole from the side. The NHTSA has also upgraded their crash-test dummies to include a smaller-sized adult female and a medium-sized adult male.

Also included is a review of rollover- and crash-resistance technologies, such as, electronic stability control (ESC), and forward collision and lane departure warnings. Each are “smart” technologies that evaluate driving, road and traffic conditions in real-time and either alert the driver through dashboard and sound signaling or execute mechanical actions to correct for driver error.

With ESC, for example, if a driver heads into a turn at a dangerous speed or hits a slippery patch of road and begins to spin out of control, sensors will signal a braking mechanism to compensate for under- or over-steering.

The NHTSA has already published findings on more than 30 vehicles and expects to rate and evaluate 55 more in 2011. To date, only the BMW 5-series and Hyundai Sonata have earned five-stars. Formerly a five-star holder, the Toyota Camry dropped to a three-star ranking, and the Nissan Versa holds the sole distinction of a two-star rating.

You can visit the website for new and used car safety ratings.

Continue reading " NHTSA introduces new 5-star safety rating system aimed at reducing injury in Fort Lauderdale car accidents " »

Our South Florida Car Accident lawyers reported in an earlier post to our Fort Lauderdale Car Accident Attorney blog, that Florida remains one of just seven states with no laws restricting use of hand-held or other electronic devices despite an explosion in the number of distracted driving car accidents nationwide.

In 2009, the National Highway Traffic Safety Administration linked cell-phone use to 18 percent of distracted driving fatalities and 5 percent of distracted driving injuries nationwide. But, of course, texting or chatting aren’t the only ways drivers can be distracted.

USA Today reports that a host of distractions were found to contribute to more than 16 percent of all motor vehicles accidents that claimed 5,474 lives and injured more than 448,000 in 2009.

Eating while driving is a popular distraction common to drivers, so is applying makeup, searching for a favorite CD or new radio station, engaging with passengers, disciplining children, lighting a smoke and reading. And then there those folks who travel with furry companions who, more often than not, roam the vehicle unrestrained.

Some experts even claim that our quality highway system has created a “complacency among many drivers” that builds a false sense of security and lures drivers to take their eyes off the road. But even a two-second distraction can have deadly consequences. A car moving at 60 and 70 m.p.h. can travel up to a couple hundred feet in a matter of two seconds, more than enough time and distance to cause an accident.

In a recent interview, U.S. Transportation Secretary Ray LaHood referred to distracted driving as an “epidemic” in America. One that is claiming more lives as overall traffic fatalities have fallen to their lowest number since 1950. To top it off, our most vulnerable drivers – those aged 20 and younger – represent the largest group killed in distracted driving fatal car accidents.

Continue reading " Cell phone use just one of the many distractions linked to South Florida car accidents " »

OurSouth Florida car accident lawyers are monitoring a debate waging in Royal Palm Beach, West Boca and Boca Raton over the use of red-light cameras. Supporters say the red-light cameras act as a deterrent by decreasing the number of drivers running red lights – and the number of car accidents – while making the community a little money. Opponents complain the cameras amount to little more than an invasion of privacy, open municipalities up to lawsuits, and put moneymaking ahead of improving public safety.

In Royal Palm Beach, the tide is against keeping the cameras, the Palm Beach Post reports. City council members and even the mayor say that dealing with the flack from villagers – and the possibility of fending off lawsuits filed after issuing camera-based citations – essentially isn’t worth the hassle of keeping cameras in place at intersections where Okeechobee and Crestwood cross Royal Palm Boulevard. They are even questioning whether cameras improve safety and will vote this week whether to keep them in place or take them down.

Meanwhile, in other parts of Palm Beach County – namely West Boca, Boca Raton, West Palm Beach, Palm Springs – moves are being made to install red-light cameras or to transition from issuing warnings to issuing citations in locations where cameras exist. Some areas in Palm Beach County have already moved to issuing citations to violators captured by cameras.

According to the National Campaign to Stop Red Light Running, red-light cameras are installed in more than 400 communities in 25 states. Cities from New Orleans to Washington D.C. to Orange County, Calif. have all reported significant drops in both red-light running incidences and car accidents caused by a driver running a red light. In New Orleans, installing red-light cameras led to an 85 percent drop in drivers running lights and in Council Bluffs, there has been a 90 percent drop in car accidents caused by drivers running the light.

Continue reading " Residents and city officials in Palm Beach County divided over use of red-light cameras " »

According to Meteorology professor Jan Null, so far in 2010, 49 children have died due to heat stroke caused from being left in hot vehicles. In Florida alone, six children have died from hyperthermia this year – including, most recently the Miami Herald reports, a one-year-old from Miramar. On average, 37 children die heat-related deaths each year from being left in a car on a day otherwise considered mild – around 70 degrees.

Our West Palm Beach child injury attorneys know that more than half of these deaths occur because a caregiver or parent has done the unthinkable – accidentally forgetting a child in a car. Another 18 percent die after intentionally being left in a vehicle by an adult.

Even in cooler weather, it take little time for the interior of a vehicle to reach deadly temperatures, particularly in the South and particularly when the tolerance of a young child is taken into account. According to the National Highway Traffic Safety Administration, even with windows cracked and ambient outdoor temperature in the low-80s, in less than 10 minutes the interior of a vehicle can become hot enough to cause hyperthermia. Because their bodies are ill-equipped to mitigate extreme temperatures, children under age 4 are especially susceptible to heat stroke and can succumb quickly to overheating.

As mentioned, and as difficult as it may be to believe, forgetting a kid in a car is the most common contributor causing the death of a child due to hyperthermia. An exhausted parent, a distracted caregiver – all it takes is a break in a routine and tragedy can result.

The NHTSA offers a handful of prevention tips to help those who care for our youngest, most vulnerable, passengers:

~ put something you need next to the car seat – a cell phone, a wallet, a handbag.

~ simple as it sounds post a sticky-note reminder on your steering wheel or some place on the dash.

~ limit distractions when getting out of the car – don’t worry about the mail or start chatting on your cell phone.

~ have a call/check system in place with your caregiver.

~ make a habit of looking in the back seat.

~ NEVER leave a child unattended in a vehicle. Period.

Continue reading " Miramar hot-car death illustrates safety issues for South Florida’s youngest passengers " »

When 22-year-old Tiffiany Olson died from injuries sustained in a South Florida fatal motorcycle accident on a Palmetto road on Dec. 7, 2005, the only identification she had on her was a driver’s license with an old address. It would take law enforcement six-and-a-half hours to track down her next of kin.

Her frantic mother and brother heard she had been in an accident, but that was it. They checked the local hospitals – nothing. Two hours into their search, a police officer tracked down Tiffiany’s mom at Manatee Memorial Hospital. He handed her an evidence bag containing a few personal effects and advised her that her daughter’s body was at the morgue, which was closed. It was 1:30 in the morning.

After burying her daughter, Olson was determined that no mother should have to face such a wait to hear the fate of their child. From this experience two things emerged, the website To Inform Families First was created and the initiative for Florida’s “Register Your Emergency Contact Information Week” was born.

The goal of this effort is to see every single Florida resident register their emergency contact information in a statewide, secure and confidential, database (linked here) accessible only by law enforcement for the purpose of notification during a critical emergency. As of August 2010, more than 3.5 million Floridians have already registered. The registration process takes only a few minutes and could prevent someone you love from having to bear the agonizing wait Tiffiany's mom experienced. In some cases, it could even save a life.

Fort Lauderdale car accident lawyers at Freeman & Mallard know that confusion often reins after an accident and it can be difficult to know where to turn. In your time of need, an experienced personal injury lawyer can guide you through medical, insurance and lost wages claims, car repairs and the host of other legal entanglements that accompany a serious or fatal car accident. We have successfully and aggressively represented injury victims and their families in West Palm Beach, Hollywood and Margate for years. Call us today to schedule a no-obligation appointment to discuss your case at 1-800-529-2368.

There are many unknowns and much uncertainty swirling around an early morning South Florida car accident on Palmetto Expressway that left one pedestrian dead and found a stunned driver flagging down a state trooper in the pre-dawn hours of Sept. 28, the Miami Herald reports.

What detail are known are sketchy at best. It is believed the Spanish-speaking foreigner flew into Miami International Airport from Laredo, Tex. and that around 3 a.m. he hailed a cab. He asked the driver to take him to a Hialeah Gardens address that authorities have determined doesn’t exist.

The cab driver, who said the victim asked to sit up front, said his passenger quickly became agitated – flailing his arms and speaking to himself in Spanish. The Florida Highway Patrol reports the victim was talking on a cell phone before he began screaming and unbuckled his seat belt and tried to open the passenger door.

The cab driver pulled off to the shoulder and scrambled to call for help. The victim then fled the vehicle and dashed blindly into traffic and then lay face down in the road. Several cars dodged the victim as the cab driver and couple other drivers attempted to divert traffic. The driver of a 2008 Nissan pickup was unable to avoid striking the man. He has not been charged.

While this case is a bizarre example, most cases handled by Fort Lauderdale pedestrian accident attorneys involve the death of a pedestrian that could have been prevented by the at-fault motorist. In fact, Florida has one of the highest rates of pedestrian fatalities in the nation. Most pedestrian-involved traffic fatalities happen in urban areas, at night, under normal weather conditions and at non-intersection locations along roadways. That in 70 percent of cases, the victim is a man.

The Florida Highway Safety and Motor Vehicles department recently reported that more pedestrians were killed in traffic accidents in the Miami-Dade, Broward and Palm Beach counties than anywhere else in the state, claiming 150 lives in 2009. Throughout the state, 8,248 pedestrians were involved in Florida car accidents that left 7,676 pedestrians injured.

Continue reading " South Florida pedestrian accident on Palmetto Expressway yields more questions than clues " »

The stories of distracted driving fatalities are as heartbreaking as they are endless. One young couple was Disney-bound, where they were scheduled to meet with the bride-to-be’s parents and their wedding planner. It was early 2008. Their car was struck from behind by a tractor-trailer, allegedly driven by a texting driver. He never touched his brakes. She died at the scene.

Our Fort Lauderdale Florida car accident lawyers know that distracted driving kills. As we’ve reported in an earlier post to our South Florida Injury Lawyer blog, just among teenage drivers alone, one in four admit to texting behind the wheel. In 2009, more than 16 percent of all fatal car accidents involved distracted drivers. More than 500,000 were injured and another 5,500 were killed in distracted-driving crashes nationwide.

Once again, the National Highway Traffic Safety Administration has hosted a distracted driving summit in Washington D.C. to address growing concerns regarding what has become an epidemic of handheld electronic devices being used by drivers behind the wheel. At the summit, U.S. Department of Transportation Secretary Ray LaHood spoke of a multi-layered approach to changing driver habits, involving tougher laws, stepped up enforcement, promoting public awareness and personal responsibility.

Thanks to efforts at the summit, both last year and this year, there is now a nationwide texting ban in place for commercial bus and truck drivers. Also, train operators are restricted from using cell phones or other electronic devices while conducting. And, the NHTSA is currently pushing for a complete ban involving use of any electronic device while operating a commercial truck transporting hazardous materials.

In tandem with the NHTSA efforts, both the entertainment industry and state lawmakers have joined forces to raise awareness and restrict usage of handheld electronics while behind the wheel. The National Football League, the Jonas Brothers, Allstate Insurance, Oprah Winfrey and even Webster’ Dictionary, which named “distracted driving” their Word of the Year – each organization aggressively promoted an anti-technology message.

More than 270 distracted driving bills were discussed in 43 state legislatures. Currently, 30 states have banned texting while driving and 8 have banned the use of handheld electronic devices. Even Pres. Obama and the United Nations have joined the act – Obama banned 4 million federal employees from texting while driving and the U.N. enforced the same ban for their 40,000 member employees.

Florida is one of a dwindling number of states with no such law.

Continue reading " Summit aims to reduce risk of distracted driving car accidents in Fort Lauderdale and elsewhere " »