Fort Lauderdale Car Accident Attorney Blog

Commercial motor carrier companies are currently able to electronically access driving, inspection, and crash records of potential hires, according to the Federal Motor Carrier Safety Administration (FMCSA).

The only flaw with this system is that all driving records may not be available to potential employers. Drivers are easily able to alter, even erase, records before applying for a position with another carrier.

Our Fort Lauderdale personal injury lawyers know that motorists are at increased risk for an accident because of these irresponsible drivers if action is not being taken to keep the flawed records out in the open and readily available for potential employers.

The FMCSA currently allows trucking employers to access up to three years of the driver's safety violation data and up to five years of crash information for any driver in their pre-employment screening program. Road Safe and the American Trucking Association believe this system is flawed as it does not allow access to positive drug and alcohol tests. These hidden records can cause an increased risk for a potentially fatal West Palm Beach car accident.

The two organizations are teaming up in a push for a central clearinghouse to keep track of commercial vehicle drivers who've previously tested positive for drug and alcohol use. The bill, The Safe Roads Act, S. 1113, was initially introduced by Senators Pryor, Snowe, Nelson and Wicker back in May of 2009, reports Road Safe.

The National Highway Traffic Safety Administration reports that, in 2009, there were more than 3,000 fatalities and approximately 701,000 people injured in accidents involving these large trucks. An estimated 296,000 large trucks were involved in these crashes in 2009. Nearly 3,500 vehicles were involved in fatal accidents with a large truck in Florida alone.

Continue reading " Lack of Drug Testing Data Increases Risk of Fort Lauderdale Trucking Accidents " »

Slow drivers who drive in the left lane are a common cause of road rage on Florida roadways for other temperamental drivers who are in a hurry and don't have any patience. Aggressive driving behaviors often lead to car accidents in Margate or West Palm Beach.

Our Fort Lauderdale personal injury lawyers have been reporting about the dangers of road rage this time of year in Florida on our South Florida Injury Lawyers Blog.

Senator Mike Bennett is taking another crack at proposing the "left-lane" bill to penalize slow left-lane drivers according to The News-Press.

A similar bill passed the Legislature back in 2005 but was vetoed by Governor Jeb Bush at the time because he felt the bill supported driving at high rates of speed at the expense of cautious drivers. AAA Auto Club shares a similar view that the bill will attract more speeders by penalizing drivers who adhere to the speed limit and choose to drive in the left lane while doing so.

Senator Bennett's school of thought is that incidents of road rage will minimize if slower drivers are forced to stay out of the left lane. Refusing to pass cars in the right lane or clogging up roadways with a slower pace often leads to incidents of tailgating, cutting motorists off, and distractions like honking or hand gestures made to get drivers to move out of the way. Tempers flare which often escalate to fits of road rage. Penalizing drivers in the left lane is one way to avoid this chain reaction.

The bill proposes that drivers who are passing, slowing to make a left-hand turn, or blocked from getting in the right lane due to heavy traffic will not be penalized for driving in the left lane. The bill is not proposing that aggressive drivers who tailgate or change lanes swiftly to maneuver around left lane motorists be free and clear from penalty as they too will be fined for aggressive or careless driving.

If passed, the bill proposes a $100 fine for first-time offenders. Repeat offenders would be issued a $500 penalty for violation of the left-lane law.

Public opinion is mixed about the proposed left-lane bill. Supporters feel the bill would reduce road rage incidents and force drivers to use common sense on roadways. Those who are opposed feel safe drivers are being punished in order to excuse impatient drivers who speed and are likely to cause accidents on Florida roadways. One thing is certain, if all drivers used common sense, road rage would rarely play a role in motor vehicle crashes.

Continue reading " Left-lane drivers face penalties as officials seek to reduce risk of car accident in West Palm Beach, elsewhere " »

Spring Break, proms and graduations are all exciting events that teens are about to embark on during this time of year. A previous post on our Fort Lauderdale Car Accident Attorney Blog reported the about the dangers teens face because it is high traffic season in Florida and they frequent the roadways more often attending these kinds of events.

Our car accident attorneys in West Palm Beach, Miami and elsewhere in South Florida want to remind teens not to succumb to peer pressure by drinking and driving, driving distracted, or driving aggressively.

Teen car accidents in Fort Lauderdale and elsewhere in the country are typically caused by irresponsible driving behavior. Tampa Bay Online reports that events like proms and graduations are an invitation for irresponsible driving behaviors so law enforcement and school officials are reaching out to remind teens of the dangers faced this time of year.

Hosting events like mock crashes and funerals, and "scared straight" lectures is a way to speak to teens in hopes of having them sign a pledge to not drive distracted or drive under the influence.

In 2009, statistics show that on average of eight teen's ages 16 to 19 died every day from injuries in motor vehicle crashes. According to Centers for Disease Control and Prevention there are several factors that can contribute to teen fatalities in motor vehicle crashes.

-Teens are the least likely age group to wear a seat belt.

-They have the least amount of driving experience.

-Teens are easily distracted by cell phones and texting while they are driving.

-Passengers that are riding with them, especially other teens, distract their attention from driving.

-Drugs and alcohol often play are role in teen crashes.

Mock crashes are performed at high schools throughout the state this time of year as painstakingly real events that should hit home with teens. The events rely on police, firefighters, paramedics, funeral homes, and others in the community to make them real. For example, firefighters cut bloodied teen actors out of smashed-up cars, who are then carried away by emergency crews. Another approach is to dress teen students in black "ghost" t-shirts which symbolized teens that had been killed in a car crash. The teens entered the auditorium with candles before paramedics and firefighters showed gruesome photos from accident scenes involving teens.

The message being conveyed is pretty clear. Communities are trying to keep teens safe by demonstrating the dangers young drivers can face while driving. It only takes a second for a crash to occur so drive responsibly and save the celebrating with friends for when you aren't behind the wheel.

Continue reading " Spring a dangerous time for teen car accidents in Fort Lauderdale " »

Most teens look forward to being old enough to drive, taking the drivers' test and enjoying the freedom that driving represents. Equally as exciting is the thought of getting their first car to drive. Parents often are faced with the dilemma of what kind of car their teen should drive to keep them safe from injury when involved in a car accident in Fort Lauderdale or elsewhere in South Florida.

Our West Palm Beach injury lawyers understand the devastation a parent can go through when a child is severely injured or killed in a car accident. Finding the right car becomes a priority once your teen has a license. The line becomes divided when your teen wants a sports car to tool around in with their friends while you want a safe, reliable and affordable car for them to drive.

An article in the Dover Post suggests finding a happy medium when it comes to the right car for your teen to drive. The first step is sitting down with them to discuss what you each want in the car. The discussion should entail what cars you each like and what specific things you like about them. Finding a good compromise will make car shopping a much more enjoyable experience.

Parents and teens should both agree that safety is a top priority in car choice, considering drivers ages 16-19 are four times more likely to crash than an older driver with more experience. Doing research on crash ratings and other safety features is a good place to start for each model (new or used) that you may be interested in. Manufacturers didn't start putting airbags in cars until the late 1980's. Air bags can decrease the risk of injury in a crash, especially side impact airbags -- so finding a newer model is a safer option. Another quality to consider is finding a car with stability control. The sensors can detect when a car is headed off the intended path. Any wayward detection causes the engine's power to slow or a braking system to activate.

A final thought when buying a used car is to make sure the tires are relatively new. Treads on tires help the car grip the road and maintain control in different kinds of weather conditions. Teens lack driving experience and tend to panic in adverse conditions, so anything that helps maintain control can be an asset when facing a stressful driving situation.

Large pickups, SUV's and sports cars should not be a primary choice for young and inexperienced drivers. Large vehicles have a higher center of gravity, causing them to roll over in crashes. Sports cars tend to make young drivers want to drive too fast and don't typically fare well in accident ratings.

Visit Consumer Reports for a full list of recommended vehicles proven to be more appropriate for teen drivers.

Continue reading " Choosing the right car for teens may help prevent injuries in Fort Lauderdale car accidents " »

Spring Break week in Florida is known for parties and good times for teens and college students all over the country. Florida motorists may have noticed the roadways have become more crowded this week as Spring Break season is in full swing. The next few weeks will bring a higher risk for drunk driving accidents in Fort Lauderdale, Miami and elsewhere, as well as other alcohol-related accidents throughout the state.

Our personal injury lawyers in Fort Lauderdale and West Palm Beach know that March and April typically rank near the top in fatalities reported during the calendar year in Florida. In a previous drunk driving blog posted on our South Florida Injury Lawyers Blog we reported that 21% of Florida drunk driving crashes in 2009 involved a drunk driver with a blood alcohol content of .15 or higher. The month of March reported the second highest number of alcohol-related crashes.

Drunk driving and alcohol-related accidents is one topic we are focusing on in our Spring Break 2011 series. Other related topics touched on in the series are teen driving accidents, distracted driving and injuries related to premise liability.

Many young adults have a habit of binge drinking during Spring Break. Alcohol-related incidents are already being reported for Spring Break 2011. The Palm Beach Post reported recently about the death of a Georgia Southern student vacationing in Florida for Spring Break with 15 other students. His friends had reported they were partying the night before when they found him the next morning. He was taken to the hospital where he was pronounced dead. A separate incident reported by My Fox Tampa Bay involved a teen from Tampa who was home for Spring Break from the University of Florida when she was found dead following a night of drinking.

As the incidents are mounting, the Florida Highway Patrol wants to remind young students to drink responsibly. First Coast News reports that Florida Law Enforcement officials will be on high alert as they take to the streets and beaches the next few weeks. Underage drinking will not be tolerated and violators under 21 with a BAC of .02 or higher will have their license suspended for 6 months automatically.

Drivers refusing to take a test for blood alcohol will have their license revoked for 12 months on a first time offense, and 18 months for a second offense.

Teenagers are prohibited from consuming alcohol. Students who are of age to drink need to remember to be responsible since drinking on public beaches and driving under the influence is against the law. The consequences for breaking the law may be life-changing.

Continue reading " Spring Break accident in Fort Lauderdale commonly caused by drunk driving " »

Children are more than five-times safer riding in rear-facing car safety seats than in any other seat until they reach the age of 2, according to new research conducted by The American Academy of Pediatrics (AAP).

Fort Lauderdale car accident attorneys understand that consumers often rely on manufacturers to produce products to keep our families safe. Consumers also often rely on the suggestions and recommendations from these manufacturers and safety councils to provide specific instructions on how to use their products effectively.

The American Academy of Pediatrics (AAP) has decided to change car seat policies after research revealed that 75 percent of children under the age of 2 riding in forward-facing car seats are likely to be killed or fatally injured in a car accident. Children are now recommended to occupy a rear-facing car seat until the age of 2, or until they outgrow their seat. Children are then recommended to ride in a booster seat until the age of 9.

"The 'best' car seat is the one that fits your child, fits your vehicle and one you will use every time your child is in the car," says Transportation Secretary Ray LaHood.

Proper selection and use of child car seats play a vital role in keeping your child safe in a Palm Beach car accident.

According to 5 years of U.S. crash data, a child is five-times more likely to be injured in a car accident if they're riding in a forward-facing car seat than if they're properly seated in a rear-facing car seat. Children are more likely to be injured in these forward-facing car seats because of the faulty design. In a front-facing car seat, the force caused by an accident can jerk the child's head and neck causing severe spinal cord injuries, if not death. The new design and requirements allow for the force of the collision to be distributed throughout the entire body.

"Selecting the right seat for your child can be a challenge for many parents. National Highway Traffic Safety Administration's new revised guidelines will help consumers pick the appropriate seat for their child," says David Strickland, Administrator of the NHTSA.

You can download a car safety brochure here for tips on how to keep your child safe the car.

Continue reading " New Car Seat Regulations Set To Help Prevent Injury in Car Accidents " »

Young drivers are easily distracted when they get behind the wheel. But Spring Break brings out the worst in driving behaviors. Being alert could help motorists avoid a Fort Lauderdale car accident involving a drunk or distracted driver. As part of a series, Spring Break 2011, we are focusing on several topics which include distracted and drunk driving, teen driving accidents and premise liability accidents.

Our West Palm Beach accident attorneys are familiar with the high volume of traffic during the next few weeks as Miami, Fort Lauderdale and West Palm Beach are considered Spring Break hot spots. The inexperience of young drivers during Spring Break week, not to mention their ability to get easily distracted, is a concern for motorists who are going about their daily routine. Young drivers showing some responsible driving behavior on Florida's roadways would go a long way toward making all of us safer.

In a recent post on our Fort Lauderdale Car Accident Attorney Blog we reported that distracted driving is a killer during high traffic season, more specifically Spring Break weeks. In 2009, March and April were two of the three most dangerous months for fatal crashes in Florida. There were 224 fatal crashes in March of 2009. Florida also reported a total of 1,500 injuries in crashes where the driver was distracted while driving.

Spring Break week is known as a week of wild binge-behaviors. Yahoo News recently reported that it hasn't always been this way:

-It is believed that Spring Break originated in ancient Greece and Rome when young people celebrated the "rite of spring" and would play outside in the warm water, relax, and enjoy their free time.

-Colgate University, located in New York, was the first to observe "spring break week" when the swim coach took his athletes down to Fort Lauderdale in 1936 for a week of practice in the warm weather.

-In 1938, other colleges began to participate in Spring Break week when 300 swimmers competed in the first College Coaches' Swim Forum in Fort Lauderdale.

-Finally in 1959, national media coverage got involved when Time reported about the 20,000 college students who controlled the city with drinking and partying. Total population in Fort Lauderdale was 63,000 at that time -- and most of those were senior citizens.

-It was estimated that in 1985, over 350,000 people visited Fort Lauderdale in the spring.

-In 1986, MTV produced their first spring break special.

-Today, certain Spring Break hot spots can entertain over 400,000 people in the short six-week span from March to mid-April that is considered Spring Break for high schools and colleges throughout the country.

Whether taking a road trip with a group of friends or renting a car for the week, young drivers are reminded to drive responsibly. It is easy to get distracted while driving with friends in the car, parties on your mind, or setting your GPS to the correct address. Young drivers can minimize the risk of a serious car accident by focusing on the road and not the distractions in the car.

Continue reading " Spring Break brings distracted drivers to Fort Lauderdale, West Palm Beach " »

We recently completed a series of blogs about driver safety during high traffic season on our Fort Lauderdale Car Accident Attorney Blog. We reported that 18 year-olds had the highest crash rate involvement in Florida in 2009.

We also reported that 17 year olds had the highest rate of fatal crashes in Florida for 2009. In a new series, Spring Break 2011, teen safety will be a focal point as so many students are traveling to Florida this time of year. Other topics included in the series are distracted driving, drunk driving and premise liability injuries that can occur while on Spring Break.

Our West Palm Beach injury attorneys often report about the risks teens face when it comes to car accidents in Palm Beach and Broward counties. Statistically, this age group (ages 15 to 20) is most at risk for fatal motor vehicle crashes in the state and throughout the country.

Spring break brings increased risk of teen car accidents throughout South Florida.

Classmates at Sarasota Military Academy can speak from the heart on this issue as they are mourning the death of their friends in a recent fatal crash. Tampa Bay Online reports about the recent tragedy of four teens who were killed early on a Sunday morning after crashing into a wall in a residential neighborhood. Though alcohol does not seem to be a factor in the crash, it was speed-related according to the Florida Highway Patrol. The single-vehicle crash occurred when the teen driver lost control of his Chevy Trailblazer on Wilkinson Road near Marriott Circle. The driver and one other teen, who held a soccer scholarship at a nearby university, were both home for Spring Break when the accident occurred. The two female teens attended the charter school for Army Junior ROTC.

Car accidents aren't our only concern. College students tend to lose their heads during Spring Break week. Call it a short mental breakdown where common sense tends to go out the window. For instance, the Sun Sentinel reports about a college student who chugged a can of beer through a funnel while standing on the beach right next to an "Alcoholic Beverages Prohibited" sign. Lucky for him he didn't get caught.

According to the article, Fort Lauderdale is once again a hot spot for Spring Break itineraries. The city is ranked 5th on the Top 10 list of Spring Break destinations. Once known as "Fort Liquordale", local merchants and city officials are trying to find a happy medium to keep the attention and money of college students, while addressing concerns of local residents about the havoc that spring break creates. Many students are choosing Fort Lauderdale as a safe option as violence has picked up in other Spring Break locations like Mexico. Though law enforcement out in force this time of year, students reported they feel like they have free reign to do just about anything.

In this case, 'anything' can lead to breaking the law, causing serious harm to another person, or even fatal accidents caused by drinking, falls, or drowning if teens aren't careful. Teens are reminded to be careful on roadways and beaches during Spring Break week. Accidents can easily happen with the high volume of people and traffic, especially when alcohol is involved. Don't drink and drive.

Continue reading " Teens at increased risk of Fort Lauderdale car accidents during Spring Break " »

Florida leads the nation in fatal bicycle accidents, according to the most recent statistics by National Highway Traffic Safety Administration.

Our Fort Lauderdale personal injury lawyers frequently report about the dangers that cyclists face when traveling on roadways in South Florida. A solution needs to be found in order to keep bicycle accidents in West Palm Beach and elsewhere from occurring so frequently.

One possible solution, according to Bloomberg Businessweek, is to create separate bike-only lanes. A recent study showed that cyclists utilizing separate bike-only paths, away from the flow of traffic, have fewer accidents than bikers riding right next to motor vehicles on roadways.

In fact, the injury rate was 28% lower when comparing the two scenarios. It is not suggested that there is no risk of injury since one key element is making sure the bike tracks have well-designed intersections with green and red signals that determine which traffic has the right to proceed.

In 2009, the NHTSA reported a total of 630 cyclist fatalities in the United States. This equated to about 2% of all traffic fatalities for the year. There were another 51,000 injured in motor vehicle crashes for that year. In 2009, 70% of bicyclist fatalities happened in urban areas, 67% occurred at non-intersections, and 72% of fatal bicycle accidents occurred from 4 a.m. to 8 p.m. It was reported that 87% of cyclist fatalities were male in 2009.

Florida averaged approximately 2 cyclist deaths per week in 2009, reporting a total of 107 fatalities for the year. This equated to approximately 4.2% of all traffic fatalities in the state. The fatality rate per million population in Florida was 5.77 which was second in the nation only to Delaware whose population is 2.5 times less than Florida.

Based on the statistics, American cyclists have reason to fear riding alongside traffic on roadways. Cyclist fatalities are often adult males because women, children, and senior citizens are too afraid. Other countries have established separate bike lanes removed from traffic lanes, unlike the U.S. where a painted stripe on pavement indicates where a biker is supposed to ride next to motor vehicles.

For instance, the Netherlands has about 18,000 miles of separate bike tracks established compared to the U.S. which only has about 20 miles of similar bike-only paths in the entire nation.

Many cyclists use their bike as a mode of transportation to get to and from work. In a time when gas prices are skyrocketing, I think more Americans would choose to bicycle rather than drive their motor vehicle if they felt it was safe to do so. The recent study indicated, when given the choice, bikers were 2.5 times more likely to use a separate bike only path than to ride alongside motor vehicles in traffic.

We are still a long way away from implementing separate bike-only paths for cyclists to use. Motorists must respect a rider's rights to the road.

Continue reading " Separate bike lanes would reduce risk of Fort Lauderdale bicycle accidents " »

Florida is one of eight states being used in a pilot program to map the safest roadways according to a recent article in USA Today.

If all goes as planned, Florida motorists will be able to log onto a website to determine the safest roads to travel in order to avoid car accidents in West Palm Beach and elsewhere in the state.

Our Fort Lauderdale personal injury attorneys know that a program like this could make road trip planning a much safer and more enjoyable way to travel across Florida and the U.S.

Internet savvy road trip planners can add one more thing to their checklist: figuring out which route will be the safest to travel based on roads that have the highest reported traffic deaths and injuries. AAA Foundation for Traffic Safety is in the development stages of designing such a program for in-vehicle navigation systems. The idea is to be able to shop for "Five-Star Safety" routes as you would when purchasing an automobile.

The idea came from a public interest survey taken in 2009. The foundation survey found that 2,141 drivers, or 73% of motorists surveyed, would use a feature that would determine the safest roadways if offered, especially when traveling on unfamiliar roadways.

SafeRoadMaps.org, founded in 2008 has received several hits from viewers trying to plot the safest roadways. The interactive site from University of Minnesota's Center for Excellence in Rural Safety allows drivers to mark fatal crashes on a map online for roadways all over the country.

Other states involved in the pilot program are New Jersey, Michigan, Iowa, Illinois, Kentucky, New Mexico, and Utah -- the foundation hopes to add more states throughout 2011. The hope is that the data on fatalities and safety features for this site will be used by local and state officials as well, when promoting the safety of their roadways.

Florida motorists currently have the luxury of finding the shortest route on map websites but if given the opportunity to find the safest route would that change their planning on a road trip? Most drivers would agree that it's better to get to your planned destination safely than to plan to get their quicker and not make it at all.

Continue reading " Plotting safer travel routes could reduce risk of car accidents in Fort Lauderdale, West Palm " »

The odds of getting in a West Palm Beach car accident with a driver who has a suspended license are pretty good these days, or at least better than they used to be before they changed the law for habitual offenders.

In July 2008, Florida legislature changed the law so that repeat offenders driving without a valid license could no longer be charged and sent to prison. Habitual traffic offenders are defined as drivers with at least four major traffic sentences.

Our West Palm Beach personal injury attorneys are concerned about the trend, particularly given that most of those driving without a license also have no insurance. With unemployment rates still on the mend, drivers are faced with difficult financial decisions. Failing to pay the car insurance premium may seem like a good idea when faced with the challenge. Other examples that cause a driver's license to be suspended are failing to pay child support, charged with driving under the influence, or failure to pay traffic fines.

According to a recent article in Florida Today, drivers operating a vehicle without a valid license is becoming a legitimate concern in Florida. The article points out that offenders aren't afraid because they know they won't face prison time. It was reported that in early 2010, a man driving with a suspended license was pulled over and arrested on the charge he was a repeat traffic offender. In mid-May, the charge was dropped due to the fact that there was no probable cause to pull him over and was considered inadmissible in court.

Less than a week later, the same habitual offender hit a motorcycle while turning left on a green light at Wickham Road and U.S. 192. The motorcyclist sustained severe injuries leaving him in a coma for 2 months. His wife riding on the back of the bike was killed instantly.

This crash is one of many fatal crashes that found the at-fault driver in violation of driving with a suspended license last year in Florida. The victim in this case continues to rehabilitate after numerous surgeries while the driver continues forward uncharged. Prior to the May violation the driver had 5 suspensions on his record.

The likelihood of a hit-and-run accident occurs when the driver at fault panics. If you are a victim of a hit-and-run accident seek the advice of legal counsel so that you are informed of your rights.

Continue reading " Hit-and-run accidents frequently involve uninsured motorists in Fort Lauderdale " »