Fort Lauderdale Car Accident Attorney Blog

Drowsy driving may be responsible for the death of a 30-year-old music teacher in a Davie car accident, the Sun-Sentinel reported.

Our Fort Lauderdale Accident attorneys recently wrote about the dangers of driver fatigue and South Florida car accidents. Authorities continue to urge motorists to stop driving as soon as they feel tired. A tired driver can easily fall asleep at the wheel. Safety advocates believe more than 5,500 fatal accidents a year are caused by sleep drivers and that the true number may be much higher.

Christopher O'Farrill had been playing the trumpet since he was 5 and was a career middle school and high school music teacher. He died when his car left the road and crashed into a tree near his home on Southwest 148th Avenue north of Sheridan Street.

Since 2003, he has worked at Everglades Highs School.

As we head into the holiday season, it is important to remember that many of us are more tired, or more stressed, than at any other time of the year. Practicing safe driving habits, which includes avoiding tired or aggressive driving, can help ensure that a serious or fatal car accident does not mar your holiday season.

Tired driving Facts and Statistics for South Florida Drivers:

-Men are more likely than women to be in accidents caused by tired driving.

-Young drivers are at highest risk.

-More than half of such accidents involve a vehicle that leaves the road.

-Daytime driving offers no protection -- one-fourth of such accidents occur in the afternoon.

Continue reading " Music teachers death in Davie car accident blamed on drowsy driving " »

The West Palm Beach car accident attorneys and staff at Freeman & Mallard would like to wish everyone a safe and happy Thanksgiving holiday. With that said, we would also like to remind Florida travelers that while Thanksgiving weekend is expected to be another stunning sunny holiday in paradise, a significant increase in air and road traffic is also anticipated.

And with more people on the roads comes an increase in the risk of South Florida car accidents.

For the 12th year in a row, the AAA Auto Club South and Budweiser are hoping to help curb the incidence of drunk driving on Florida roadways over the holiday by providing a free and confidential ride home through their “Tow and Go” program.

And, TCPalm reports that Road Rangers, another free service program – this one provided by the Florida Department of Transportation and supported by a state gas tax – will be out on patrol to assist distressed or disabled motorists stuck along Florida roadways.

Along the Florida Turnpike, roadway administrators are again offering free coffee safety breaks for travelers on the road between 11 p.m. and 6 a.m. on Nov. 24-25 and Nov. 28-29. Motorists can make a quick stop at any Turnpike service plaza for their free pick-me-up cup o’joe.

To help keep your travel plans as safe and enjoyable as your holiday, the Examiner offers a handful of tips for motorists:

~ Focus on the road and traffic conditions. Let passengers man the cell phone, discipline the kids, read the map, and change stations on the radio.

~ Make sure your cell phone and your car battery are well charged. Fill the tank. Check the oil and tire pressure. Make sure you have a travel plan and an emergency kit in the car that includes a change of clothes, blankets, water and non-perishable food items (like granola bars).

~ If you are traveling with children, assign age-appropriate tasks for down time or during pit stops. Have a host of games and entertainment materials available to keep them occupied while you are on the road.

Continue reading " Fort Lauderdale car accidents a Thanksgiving Danger " »

Our West Palm Beach car accident lawyers know that Florida teenagers (ages 15 to 19) have the highest rate of car crashes than any other age group. Of teen drivers, 17-olds are most likely to be involved in fatal South Florida car accident, and 18-year-olds are most likely to be involved in a car accident, the Florida Highway Safety and Motor Vehicles reports.

In fact, of 235,778 Florida car accidents reported in 2009, 153 teenage passengers and drivers were killed and 19,292 teenagers were injured. The Miami Herald recently reported that October was a particularly deadly month for teenage drivers with five teens dying from fatal South Florida car accidents. So far in 2010, 116 teenagers have died in Florida car accidents.

According to the FLHSMV, teen drivers make up just six percent of the driving population in Florida, but are involved in 14 percent of all fatal car accidents. To address what many consider an “epidemic” of teen deaths due to car accidents, each year the Florida Sheriffs Association in partnership with State Farm Insurance and the National Highway Traffic Safety Administration join forces to promote and observe National Teen Driver Safety Week. This annual initiative involves a host of press conferences held at area high schools during late October that aimed to educate teen drivers and their families on how to stay safe on the road. Those efforts will continue through the holidays.

The NHTSA promotes many strategies to help teens make better – potentially life-saving – decisions while behind the wheel, and offer a handful of simple talking points for families:

~ Push a no drinking-and-driving message. Nearly 25 percent of drivers aged 15 to 20 killed in fatal car accidents had a BAC level of .08 or higher.

~ BUCKLE-UP, period. Of 4,842 teenage vehicle occupants aged 16 to 20 who were killed in fatal car accidents in 2006, nearly 60 percent – or 2,813 – were not wearing a seat belt at the time of impact.

~ Encourage younger and inexperienced drivers to participate in the Graduated Driver Licensing program. Following the GDL guidelines that gradually relax restrictions for younger drivers as they garner more and more diverse experience behind the wheel comes with a 20 to 50 percent drop in the likelihood that a teen driver will be involved in a serious car accident.

Continue reading " South Florida teen drivers most likely to be involved in car accidents " »

The National Highway Traffic Safety Administration reports that speeding plays a role in about one-third of all fatal car accidents, and that speed-related car accidents cost taxpayers more than $23 billion annually, or about $44,190 per minute.

It is estimated that on average, speed-related crash claim the lives of 1,000 American each month. Almost one-third of drivers involved in speed-related fatal car accidents are between the ages of 15 and 24. Not surprisingly, drivers who speed are more likely to have a history of other traffic violations.

In 2009, there were 1,964 fatalities associated with Florida car accidents. Of those, 232 deaths – or just shy of 12 percent – were linked to drivers exceeding safe or stated speed limits. Authorities say the number is much higher, the difference is explained by reporting issues, including accidents caused by multiple factors. Also in 2009, more than 126,000 serious speeding-related Florida car accidents were reported, causing 3,651 injuries, the Florida Highway Safety and Motor Vehicles reports.

Our Port St. Lucie car accident lawyers and Fort Pierce injury attorneys frequently report that the stretch of coast between St. Lucie and Miami is the most dangerous area in the state for serious and fatal car accidents.

While some motorists would debate the risk associated with speeding, most researchers would not. A recent study conducted by the University of Illinois has identified a nationwide increase in the number of fatal car accidents linked to speeding since the U.S. dropped its 55 m.p.h. national speed limit in 1995, the Auto Insurance reports. Florida is the number one state in the nation where drivers are most likely to be ticketed for speeding.

To determine whether you are an aggressive driver, the NHTSA has compiled a few traits common to most speeders and offers a list of tips to help drivers avoid driving with a lead-foot.

~ Signs of aggressive driving include: tailgating, expressing frustration with fellow drivers, driving while distracted, darting in-and-out of traffic, blazing through yellow lights or frequently running red lights, or, of course, speeding.

~ To avoid aggressive driving behaviors: focus on driving – put the cell phone away, don’t eat, groom, read or fiddle with the radio save tuning in to a station that plays tunes that help you relax. Obey the speed limit. If you are worried about being on time – leave early and map out an alternative route that gives you choices for reaching your destination.

Continue reading " Speeding linked to one-in-three car accidents in Palm Beach, Fort Lauderdale, St. Lucie/Ft. Pierce " »

Since mid-October, our Margate car accident attorneys and Fort Lauderdale defective product lawyers have been monitoring the number of motor vehicle recalls issued by car makers and the National Highway Traffic Safety Administration.

As of October 21, six manufacturers have recalled more than 18 million motor vehicles to address issues ranging from faulty fuel pumps to a leak in a power-steering system that could lead to an engine fire.

Ford Motor Co. has issued the bulk of the recalls, ordering about 17. 5 million vehicles be repaired under the Mazda, Mercury, Ford and Lincoln brands. Just this week, Nissan, GM and Chrysler have recalled more than 600,000 vehicles. Neither the Nissan or the Chrysler defects appear to pose driving hazards, but the GM recall stems from a power steering issue that has caused a car fire in four vehicles.

A BMW recall involves 130,000 twin-turbo six-cylinder engine vehicles due to a faulty fuel pump that reduces power on failure. Suzuki and Mitsubishi have recalled 70,000 and 19,000 cars respectively. The Suzuki recall involves an outside rear-view mirror and the Mitsubishi recall is to address an air conditioning malfunction.

Recalls can be ordered by the NHTSA or issued independently by a manufacturer, but, regardless of how inspired, a recall requires a public report that identifies the problem, the make and model of vehicle involved, what defect caused the recall to be issued and how the company plans to correct the problem. The manufacturer is required to notify product owners and distributors when a recall is ordered, and remedies – repairs, replacements or repurchase – must be offered at no charge. Remedies must also effectively correct the safety issue.

If you receive a notification letter that your vehicle has been recalled, the NHTSA suggests you take the following steps to see that repairs are made appropriately and in a timely fashion:

~ Upon notification – generally via letter – that your vehicle is subject to recall, contact your car dealer’s service department to schedule a recall repair. Please note that the service department should NOT charge you for a recall repair.

~ If your dealer’s service department is not handling your recall repair to your satisfaction, or if they try to charge you for a recall repair, contact the service department manager and provide him or her with a copy of your recall notification letter.

~ If talking with the service department manager at your dealership is ineffective, contact the manufacturer. Provide all identifying information about your vehicle, your car dealer and your recall notification.

~ If going to the manufacturer also proves ineffective, contact the NHTSA.

Continue reading " Massive multi-manufacturer vehicle recall spotlights potential safety hazards for South Florida drivers " »

A 62-year-old former Delray Beach man was awarded $33.1 million late last week after a Broward County jury heard testimony about a 2008 New Year’s Eve Fort Lauderdale car accident that left him a quadriplegic and unable to care for himself, the Sun Sentinel reports.

He currently resides at the Florida Institute for Neurologic Rehabilitation in Wachula where he requires extensive lifetime care.

The rear-end collision occurred in the early morning hours on I-95 and the defendant paid a $145 fine for failing to exercise due care. The plaintiff was unrestrained at the time of the accident and the jury found him 5 percent at fault for his injuries. To adjust for this, the award will be reduced to $31.4 million. Whether – or how – the defendant, a Ponte Vedra Beach travel agent, will be able to pay the award, is yet to be determined.

According to the Paralysis Resource Center, 56.4 percent of people living with spinal cord injuries are considered quadriplegic, or, have lost movement and sensation in both arms and legs.

The first-year costs of treating high (C1-C4) or low (C5-C8) quadriplegia ranges from $500,000 to more than $775,500; and between $56,000 and $138,900 for each subsequent year of treatment and care. Depending on the type of injury, the time span from initial hospitalization to transition to lifetime care is about 50 days. Almost 9 out of 10 people discharged from hospitals with a spinal cord injury are then moved to a private home.

For a 50-year-old patient, the estimated lifetime costs of care ranges between $1.1 and $1.9 million per year. It is believed that one in 50 people – about six million – are living with paralysis. In about 25 percent of cases, the cause of the spinal cord injury is due to a car accident. Stroke is the most common cause of paralysis, followed by spinal cord injury and Multiple Sclerosis.

Continue reading " $33.1 million verdict awarded to paralyzed victim of 2008 New Year’s Eve South Florida car accident " »

It is probably a common assumption that car accidents occur most in urban areas as opposed to rural areas due to high traffic in large cities. But our Fort Lauderdale car accident attorneys have found that this isn’t a fair assumption at all.

The National Highway Traffic Safety Administration reported that in 2008 twenty three percent of the US population lives in rural areas but account for more than half of the traffic fatalities that occurred. Although the number of motor vehicle traffic fatalities has decreased in the last decade, the number of rural fatalities resulted in almost 5,000 more lives lost compared to those killed in urban area traffic accidents.

This is mostly due to the fact that in rural areas it is easier to speed than in urban areas. It makes sense that the higher the speed of a passenger vehicle the more likely serious injury could occur in a crash. In fact, 33 percent of speed-related crashes occurred in rural areas. Speed-related fatalities are more likely during the evening hours or weekends. In 2008, the NHTSA reported that more than 50 percent of rural/urban speeding related fatalities from motor vehicle crashes were on weekends and evenings (6:00pm to 5:59am).

In 2008, Florida had a total of 2,978 fatal crashes. Urban areas were found to be more dangerous resulting in 59 percent of those fatalities while only 37 percent occurred in rural areas.

So if you are heading to work or out to the country to enjoy a family picnic make sure you maintain a speed that is safe for everyone.

Drunk driving, distracted driving and drowsy driving also contribute to the high-risk or rural accidents. Rural roads are also narrower and typically less well lit. By keeping your guard up, even after you leave the city, you will be giving yourself the best chance of avoiding a car accident in Broward County or the surrounding areas.

Continue reading " Rural accidents a common danger in Broward, Palm Beach, St. Lucie counties " »

The majority of fatal car accidents in West Palm Beach and elsewhere continue to involve passenger cars, although rollovers more frequently involve trucks and SUVs, according to new information released by the National Highway Traffic Safety Administration.

Our West Palm Beach car accident attorneys also note that the type of vehicle and type of accident can influence your risk of serious or fatal injuries.

Together those vehicles were involved in more than 9.5 million of the nation's 10 million traffic accidents in 2008.

-Passenger cars: 14,587 fatalities and 1.3 million injuries.

-Light trucks: 10,764 fatalities and 768,000 injuries.

-SUVs: 4,186 fatalities and 361,000 injuries.

-Pickup trucks: 5,073 fatalities and 250,000 injuries.

-Vans: 1,491 fatalities and 145,000 injuries.

The number of motorists injured or killed in SUV accidents increased. Additionally, SUVs were most likely to be involved in a fatal rollover accident. In all, 42 percent of fatal crashes involving SUVs were rollover accidents, compared to 34 percent for trucks and 23 percent for vans and passenger cars.

Occupants of passenger cars involved in head-on collisions with light trucks were four times more likely to be killed than truck occupants. Additionally, the report found that a vehicle struck in the side was most likely to result in fatalities during a so-called "t-bone collision."

Continue reading " Type of accident, type of vehicle can impact chances of serious or fatal injury in Fort Lauderdale car accident " »

For one South Florida doctor, talk of driving while drowsy strikes close to home. In a recent interview with CBS-4, the dermatologist admitted that during his residency he had, on occasion, driven despite being exhausted. He spoke of that “freak out” moment all too familiar to some drivers, when suddenly you snap out of a dead sleep and realize you are still behind the wheel.

Our St. Lucie car accident lawyers know that in today’s fast-paced world catching a regular eight hours of sleep is more a dream than a reality for most drivers. Yet few things are as important to good health as regular sleep. Persistent sleep deprivation has been linked to a host of chronic conditions from diabetes to obesity to heart disease. Now, a recent AAA Foundation survey reveals that a lack of sleep is also a significant contributor to car accidents.

Roughly 16 percent of fatal car accidents have been linked to driver fatigue, and drowsy driving is believed to be responsible for one in eight injury crashes. Such statistics are not surprising given that the survey also found that 25 percent of drivers admit to driving during the last month despite being barely able to keep their eyes open.

"Many of us tend to underestimate the negative effects associated with fatigue and sleep deprivation and, conversely, overestimate our abilities to overcome them while driving," said Kathleen Marvaso, vice president, AAA Public Affairs. “Unfortunately, too many drivers have adopted the 'I'm tired, but I can make it’ mentality, often to their own peril or to the peril of others."

To avoid driving while drowsy and reduce the risk of being involved in a South Florida car accident, the AAA Foundation provides the following information for driver consideration:

~ Men are far more likely to be involved in drowsy driving car accidents than women.

~ Drivers traveling with passengers are 50 percent less likely to succumb to the effects of drowsy driving.

~ Daytime driving offers zero protection from incidence of drowsy driving. In fact, 26 percent of drivers surveyed said they fell asleep behind the wheel between noon and 5 p.m.

~ Younger drivers (aged 16-24) are more likely to fall asleep than older drivers.

~ Nearly 60 percent of drowsy driving car accidents are caused by a vehicle traveling off road or due to lane drifting.

~ Playing the radio louder, opening windows, and slapping yourself in the face are utterly ineffective remedies for combating driver fatigue.

Continue reading " One in six Port St. Lucie car accidents linked to driver fatigue " »

Car accidents in Fort Lauderdale and elsewhere continue to be the leading cause of death for children ages 3 to 14, according to the latest information released by the National Highway Traffic Safety Administration.

Our West Palm Beach injury lawyers know there are many reasons for these tragic accidents, including lack of proper seat belts, safety seats and booster seats, speeding, distracted driving and even, tragically, accidents involving drunk drivers.

Buckle up your kids…it makes a difference. In an effort to save lives, child safety seats or seat belts should be used at all times when traveling in passenger vehicles with children accompanying you. The Florida Highway Patrol requires any child under age 18 to be secured while traveling in a passenger vehicle.

The NHTSA reports infants who are secured in safety seats can reduce the risk of fatality or serious injury by 71 percent. In addition, toddlers who are secured can reduce risk by 54 percent.

In 2009, approximately 309 children avoided fatal injuries due to the fact they were restrained by child safety seats or seat belts. Reports also show in 2009, children under the age of 14 accounted for 4 percent of the fatal accidents in the United States.

Other findings of the new report:

-Florida car accidents claimed the lives of 110 passengers under the age of 4 from 2005-2009

-42 fatalities occurred in Florida for unrestrained children riding in a passenger vehicle

-Estimated 90 lives were saved because of child restraints and safety seat belts in the state of Florida.

-244 kids under the age of 14 were killed in pedestrian accidents last year.

-74 children were killed in bicycle accidents in 2009.

Continue reading " Fatal Fort Lauderdale car accidents involving children a continuing cause for concern " »

Our Hollywood, Florida injury lawyers frequently write about the dangers faced by teen drivers on the road. Now a new report by USA Today suggests that parents are turning to one of the oldest tools in the arsenal to help ensure the safety of young drivers: The Teen Driving Contract.

Teens are responsible for a disproportionately high number of cars accidents in Fort Lauderdale and throughout South Florida. Nationwide, traffic accidents are the leading cause of death for young people ages 15 to 20, according to the National Highway Traffic Safety Administration.

Now is an excellent time to initiate discussion and execute a safe driving contract with your young driver, as we prepare for high school homecomings, the upcoming holidays and the start of heavy traffic that comes with tourist season.

Teens are at risk for every poor driving decision, behavior and habit imaginable, including drunk driving, not wearing a seat belt, driving with too many passengers in the vehicle, distracted driving and speeding. A driving contract typically sets out the expected behavior and the penalties for any violation. The contract also can restrict freedom initially, while rewarding experience with more freedom behind the wheel.

"It's a way for parents and teens to engage with each other and agree on what the consequences are," says Arlene Greenspan, of the injury center at the Centers for Disease Control and Prevention. "Writing it down clarifies for everybody what the rules are."

Many insurers also offer discounts to parents and teenagers who have executed a written driving agreement. The government reports a total of 6,428 motorists were killed in accidents with teen drivers in 2008. Florida car accidents involving teenagers claimed 516 lives.

AAA offers a Florida teen safe driving agreement here.

Continue reading " Teen driving contract may reduce risk of car accidents in Fort Lauderdale, West Palm, elsewhere in South Florida " »

Hit-and-run car accidents in Palm Beach County are in the news this week after a substantial jury verdict and yet another deadly crash.

Our Palm Beach accident attorneys are frequently asked whether it is worthwhile for someone to pursue a claim in a hit-and-run accident or in an uninsured motorist accident in Palm Beach. We believe seeking the immediate representation of a qualified personal injury attorney is critical in such cases. If and when a driver is located, a claim can be made against his or her assets as well as other insurance policies in place on vehicles in the household. In the event a driver is never located, a claim may be made against your own insurance policy.

A jury has awarded a 62-year-old Belle Glade store owner $720,000 for injuries he suffered in a hit-and-run truck accident in the Glades, the Palm Beach Post reported. The jury rejected arguments from the truck driver and trucking company that the accident never happened. The victim has undergone surgery on his neck and back.

NBC5 reports authorities are looking for a dark green Ford pickup truck with a missing headlight and damage to the front and passenger side.

The truck is believed to be involved in a deadly hit-and-run accident that occurred on Sandpiper Drive in Royal Palm Beach on Saturday Oct. 16. Anyone with information about the truck or the accident is asked to call Palm Beach County Crime Stoppers at 1-800-458-TIPS.

Accidents can be devastating. But when a motorist fails to stop, the physical, emotional and financial consequences can be particularly difficult to overcome. Having an attorney present in the early days of a case can go a long way toward protecting your rights and the future financial well-being of you and your family. Waiting for a driver to be arrested is not the best option. Drivers frequently flee an accident scene because they are driving without a license and/or without insurance. Many times, finding a driver leaves an injured motorist no better off.

Continue reading " Palm Beach hit-and-run accidents should always be handled by an experienced injury lawyer " »