Florida
Car Accident Lawyer Blog

Cars are wonderful conveniences, but no technology, perhaps, can protect us from ourselves. Unfortunately, while vehicle safety features have improved over past years, that does not always translate into safer driving. Experts note that many car accidents each year are highly preventable and are caused by mistakes that can easily be foreseen and avoided. Avoiding these common driver mistakes means fewer car-related burn injuries, spinal cord injuries, trauma, and fatalities:

1) Drinking and driving. Despite numerous education campaigns, the U.S. Department of Health and Human Services reports that 15% of adults admitted to driving after drinking at least once over the past year. Researchers also attribute 32% of car accident fatalities to drunk drivers.

2) Doing something besides driving. According to a poll conducted by Nationwide Mutual Insurance, over 80% of drivers admitted to doing something other than driving while driving. Activities ranged from painting toenails to applying makeup to reading, shaving, eating, or text messaging. All these activities remove focus from the road and can prove deadly. According to research completed by Virginia Tech University and the National Highway Traffic Safety Administration (NHSA) 80% of car accidents occur while a driver is distracted.

3) Not wearing a seatbelt. According to the National Highway Traffic Safety Administration (NHSA), there would have been 5,024 fewer car accident fatalities in 2007 if everyone wore seatbelts while in a moving car.

4) Driving while tired or sleepy. According to the National Sleep Foundation, driving while tired can be just as dangerous as driving drunk. Tired drivers have slower response times and have even been known to fall asleep at the wheel. Since there is less dishonour in driving tired, however, more people do so, putting everyone on the road at risk.

While much of the country’s drivers must contend with slush, snow, and ice on the roads at this time of year, many Florida drivers mistakenly assume that they do not have to worry about the hazards of driving in the winter at all. In fact, researchers have found that it is driver error, not weather conditions, that usually lead to wintertime accidents that cause fatalities and personal injury. That means that all drivers – even those lucky enough to drive through winter in mild climates – need to be on alert.

According to experts, these common driver mistakes are most likely to lead to accidents in the winter:

1) Speeding. Although this is a very common mistake, it can also be quite deadly. Driving too fast in the dark or on a wet day can mean that you lose control more easily. Speeding does not just mean driving over the speed limit, however. For experts, it means driving too fast for the current conditions. If you are driving on a wet road late at night, you may need to slow down below the posted limit to avoid going too fast for your conditions. Some experts recommend staying in touch through a cell phone to tell loved ones when you will be arriving. This way, you won’t be speeding to try to arrive before a pre-set time.

2) Not adjusting to sudden, unusual weather. A sudden sprinkling of snow or ice can cause havoc on the roads as some drivers fail to adjust to road conditions. Even a sudden strong storm that is unusually heavy for an area can mean more accidents, more brain injuries, and more spinal cord injuries. The 24 hours or day after an unusual weather event or the first weather event of a season (the first snowfall, for example, or the first heavy rainstorm) are most dangerous. If you are on the roads during this time, slow down and use extra caution.

3) Following too closely. When roads are wet and when the weather is dark, leave extra room between you and vehicle in front of you. Also, consider leaving more room when driving on roads that see plenty of wildlife – if the car in front of you brakes suddenly for a deer, you may not have time to brake.

4) Know what to do when you slip. Just because Florida drivers do not have to contend with icy roads, that does not mean that slippery conditions do not happen. Excessive rain or even spills on the road can cause a car to slip, and Florida drivers traveling in other parts of the country during the winter need to be prepared. If you do start to slide on a slippery road surface, remain calm and remove your foot from the gas pedal. Brake gently with constant, steady pressure. Your car may still slide and buckle but the brakes will have a better chance of working correctly with this method. Do not slam the brakes. If your car is skidding, steer your wheel gently where you want the car to go.

Continue reading " Florida Drivers Still Need to Consider Winter Driving Woes " »

When thinking of car-related injuries, many of us imagine the sorts of injuries common in many car accidents: burn injuries, brain injuries, broken bones, spinal cord injuries, and others. While these sorts of accident injuries are common, research studies show that some lesser-known injuries also pose a risk.

The National Highway Traffic Safety Administration has released a report about car-related injuries, and it appears that the most common injury usually occurs when the car is not even moving. Last year, 150 000 people injured themselves by closing a car door, making this the most common injury associated with cars. According to the report, another 10 000 people are seriously injured each year by using a hoist such as a jack to raise a car in order to do work on the vehicle. 74 000 people each year are injured by a falling car part or vehicle.

Researchers for the National Highway Traffic Safety Administration admit that the findings may be surprising to some, since they show that cars are not only a possible risk on the road. The study researchers found that 841 000 injuries and 1747 deaths occurred from non-crash accidents and non-traffic crashes. Instances where people back up and cause injury or are involved in a single-vehicle accident on an area other than a national highway are considered non-traffic crashes. According to researchers, another 88 000 injuries occur each year from people pushing a non-performing vehicle or loading and unloading cargo from their cars or trucks.

Accidents involving pedestrians also accounted for about one third of injuries reported. Backing up over a pedestrian accounted for 14% of these injuries, with children as the most frequent victims. Another 37 car-related deaths each year occurred from hyperthermia, whereby a victim in a car was exposed to the elements. According to the Children's Safety Center at Doernbecher, the majority of car-related non-crash incidents involving pedestrians cause injuries to children. In the majority of cases, these children suffer serious or fatal injuries because of their small size.

According to the Children's Safety Center at Doernbecher, the majority of such accidents involving cars and pedestrians are very preventable. Daily rituals can help ensure that children are not left in the car to suffer extreme temperatures while cameras that can be optionally installed on the backs of cars can give drivers a very clear view of where they are reversing. Many of these cameras cost less than one hundred dollars.

Many non-accident car-related injuries can be prevented with a little extra common sense and a little extra focus. Knowing your car and keeping your car in good condition can also help prevent many common injuries. About 9000 burn injuries each year are caused when car owners use antifreeze fluid or radiator fluid incorrectly. It is important to not open the valve to the radiator while the car is in operation or is just cooling down. Knowing to wait until the car is completed cool before checking radiator fluid levels can help prevent a common injury.

If you become stranded on the road or are in a car accident and must wait for help to arrive, having an emergency kit can help you immensely. If you are stranded for an extended period of time in an isolated location, having an emergency kit can save your life. While there are ready-made kits available in stores, creating your own is usually less expensive and more practical. Here are some items you may want to include in your kit:

1) Food and water. Water in a non-breakable plastic container is important if you are stranded and can be useful for cleaning out minor wounds in the event of a car accident. Non-perishable foods such as energy bars can also help you stay nourished if you need to wait for some time for help to arrive.

2) An additional set of clothes and shoes as well as blankets. If you are in a car accident that results in a serious injury such as a head injury, spinal cord injury, or other serious injury, a victim may go into shock. While it may not be safe to move this person, being able to place a blanket over them can help them conserve body temperature. If you are stranded on a cool evening and must wait for help, blankets and extra clothes can help ensure that you stay comfortable.

3) Flashlight. A flashlight can help you alert passers-by of your predicament if you crash over a bank or roll away from the main road. A light is also useful if you are stranded in the dark. A candle and matches can also be used, but make sure that the candle is large (and will burn for a long time) and in a deep container (to avoid the flame from coming into contact with your skin or clothes.

4) A fire extinguisher and jumper cables. While these are not strictly necessary, they can be very useful in the event of a fire resulting from a car accident or in the event of car failure.

5) A good first aid kit. This kit should include tape, tweezers, scissors, an assortment of bandages, non-latex gloves, antiseptic wipes, cotton swabs, ointment or cream for minor cuts and wounds, aspirin and a detailed first aid guide. Taking a first-aid course is very useful in learning how to use the first-aid kit in the event of an accident.

The National Highway Traffic Safety Administration reports that car accidents are the leading cause of death for Americans between the ages of 1 and 34. In addition to claiming more than 40 000 lives annually in this country alone, car accidents are responsible for a multitude of serious injuries, including brain injuries, burn injuries, broken bones, lacerations, spinal cord injuries and other injuries.

Most drivers know that safe driving practices can help reduce the risk of car accidents, but does the time you drive affect your risk of being in a car crash. The National Highway Traffic Safety Administration claims in does. According to them, Saturday is the most dangerous day to drive and August is the most dangerous month for drivers hoping to avoid a car crash. To some extent, this is rather surprising news, since August offers fewer of the weather challenges that beset much of the country in winter months.

In January 2008, there were 2 818 road fatalities, the National Highway Traffic Safety Administration reports, while in August of the same year there were 3,612. While the National Highway Traffic Safety Administration provides no clear-cut explanations for why August tends to see so many accidents, the large number of young drivers on the road may help to explain some of the accidents. Fairly good weather during the month and plenty of people on the roads taking care of back-to-school errands and last-minute trips before the onset of the school year may mean more traffic on the roads.

In addition, accident rates spiked after sundown, when instances of speeding and drunk driving increased at night as well. Across the country, 49% of fatal car accidents occur at night, and in these crashes victims are usually not wearing seat belts. The safest time to drive is between 4 a.m. and 5 a.m. when only a fraction of the car traffic is on the roads. Fewest car crashes occurred during this hour stretch. During the week, Tuesdays and Wednesdays see the smallest number of car accidents, according to the National Highway Traffic Safety Administration. The weekends experience much higher numbers of accidents, most likely because more drivers are on the roads.

According to the National Highway Traffic Safety Administration experts, about 95% of car accidents occur due to human error, which makes most accidents highly preventable. Experts say that drivers can reduce the chances of a car accident at any time of year by:

1) Adjusting driving to the conditions. Bad weather does cause car crashes. If you are driving at night in an area where visibility is poor, give yourself more time. Similarly, slow down if you are in an unfamiliar area or are driving in a storm or on slippery streets. Going the posted speed limit in these conditions might be going too fast, leaving you vulnerable to an accident.

2) Not speeding. Speeding plays a role in 30% of all fatal car accidents, some research suggests. Driving without speeding is crucial.

Continue reading " Does Time of Day Affect Car Accidents? " »

Although most young drivers are required to take some form of driver training before obtaining a driver’s license, accident rates among youth remain high. Before allowing new drivers to drive, it might be best to teach a few additional lessons:

1) Speeding is dangerous, no matter the cause. Speeding tickets are among the most common – and the most deadly – traffic violations on the road. A car that is speeding is more likely to lose control and cause serious damage in the event of an accident. In accidents involving speed, serious injuries -- such as spinal cord injuries and head injuries – as well as fatalities are all too common. Many drivers insist on speeding because they are dealing with other cars going over the speed limit. However, it is important to resist the temptation to speed.

2) How to deal with emotions after an accident. Few driver training classes teach drivers to deal with emotions after an accident, but emotional decisions after an accident lead to serious legal problems. In many cases, for example, hit-and-run accidents are caused by a driver who hits someone, panics, lets their emotions get the better of them, and leaves the scene. An emotional response can cause drivers to make other mistakes, too – not exchanging driver information, for example, or admitting to fault even if the fault was not theirs. If you are in a car accident, it is important to take a deep breath, say little, offer help to anyone who needs it, alert authorities and exchange driver information. Gathering witness contact information and taking photos may be useful as well.

3) How to cope with road rage and aggressive driving on the road. Aggressive driving involves negligent driving and offenses such as reckless lane changes, speeding, following other cars closely and similar behavior. Road rage occurs when a driver loses control of their temper on the road. In some cases, road rage has led to intentional collisions as one driver rams into another car. In other cases, road rage leads to one driver leaving their vehicle to assault another driver. Both types of aggressive behaviors can lead to charges but can also be a danger on the road, leading to unsafe decisions that can lead to an accident.

4) Determining when to visit a mechanic. Unsafe cars do cause serious car accidents each year. Some seemingly minor car problems can cause mechanical failures on the road that can create unsafe conditions for other drivers as well. It is important for every driver to become familiar with their vehicle so that they can spot potential problems and get them fixed quickly.

5) Following the rules is as important as knowing them. While driver training teaches the rules of safe driving, actually getting licensed drivers to follow the rules of the road at all times is a more challenging task. In a driver training class, instructors watch over students, but once those students become licensed drivers and are unsupervised, the drivers must be motivated to drive safely.

Continue reading " Driving Lessons That Can Help Prevent Car Accidents " »

According to some studies, drivers who are tired have a 13-fold higher chance of being in a car accident than drivers who are rested. A British study linked about half of all car accidents to sleepy drivers while a US study found that over 50% of polled adults reported driving sleepy while another 20% reported falling asleep at the wheel.

The problem with driving sleepy, most researchers agree, is that our response times are much slower when we are chronically tired. In fact, response times for sleepy drivers and drunk drivers are much the same. Alistair MacLean of Queen's University conducted a study comparing tired female drivers and rested female drivers. He had drivers get behind the wheel at 2:30 in the morning after a full day. The drivers had similar response times to someone with a 0.05 blood alcohol level. That blood alcohol level is comparable to a 160-pound man drinking three gin and tonics within an hour. By 5 in the morning with no sleep, the driver’s performance deteriorated further and was comparable to someone with a blood-alcohol concentration of 0.08 per cent.

The US estimates that the costs of car accidents caused by tired drivers amounts to $12.5 billion a year. These drivers can be in car accidents that lead to fatalities, broken bones, burn injuries, spinal cord injuries and other serious harm. Part of the problem is that when the body is very tired, an individual falls into what researchers call “micro” sleep, very tiny periods when the body rests or sleeps. Although these may only last a few seconds, that is enough time to cause a serious car accident. In addition, tired persons may simply fall asleep at the wheel.

There are many reasons why people are driving tired:

1) Occasional insomnia. Everyone suffers from occasional sleeplessness caused by changes in diet, stress levels, exercise or some other factors. If you have not been sleeping well and feel tired, though, find someone who will drive you to your destination or take a taxi.

2) Truck drivers needing to fill their quotas. Some companies pressure their drivers to drive late at night or travel long distances in order to meet work quotas. This tends to create dangerous patterns of exhaustion that can lead to accidents.

Continue reading " Sleep Deprivation and Car Accidents " »

The media often reports on distractions such as call phones as the cause of accidents. In many cases, poor driving or driver error are blamed for car crashes. While all of these are legitimate concerns on the road, driver emotion can also cause serious accidents that lead to fatalities, spinal cord injuries, head injuries, and other serious injuries. Emotions do not get much media attention, but these emotional states have all been linked to car accidents:

1) Boredom. Conditions such as stop-and-start traffic and long stretches of highway driving can cause rear-end collisions, since drivers who are bored can allow their minds to drift, resulting in lack of attention. To prevent this, consider varying your route each day and keep glancing around you during more boring rides to maintain attention on the road.

2) Anger. “Road rage” is a commonly-used term, describing an anger or aggression that often grips drivers in situations where driving is frustrating. Errors by other drivers, delays caused by construction or roadwork and other causes can all result in road rage. Aggressive or angry drivers, research has shown, tend to take more risks which can result in accidents. In rare cases, drivers in the throes of road rage try to assault or attack others. If you are angry, it is a good idea to wait until you are calm before getting behind the wheel.

3) Fright. A sudden surprise – an unexpected siren, an object suddenly on the road, a sudden noise, or a sudden problem with the car – can cause the driver to momentarily take all attention away from the road. A frightened driver may also brake suddenly or even swerve.

4) Emotional upset. It is dangerous to drive when emotionally upset, numerous studies have shown. If you have received bad news or have been in a confrontation with someone, do not get behind the wheel. If you are crying, your vision may be poor, and if you are upset in any way, your concentration is not fully on the road. Take a taxi or wait until you are clam before getting in the car.

5) Exhaustion. Many accidents each year are caused by drivers who fall asleep behind the wheel. Avoid driving when you are tired. Take a nap or seek an alternative method of transport – such as a taxi. When you are tired, your response times are as slowed down as if you were inebriated, so your chances of being in an accident when tired are much higher.

Florida is a no-fault state when it comes to insurance. This means that your coverage is no-fault in the state when it comes to bodily injuries. If you are in an accident, each injured party pays their own medical bills and any bills related to personal injury, no matter who caused the accident. The ability to sue someone else for personal injury is limited but not eradicated by this type of coverage.

Florida law requires all drivers to have a minimum of $10,000 in Personal Injury Protection (PIP) coverage as well as a minimum of $10,000 in Property Damage Liability. This insures that in the event of a car accident you are covered for any bodily injuries the accident causes as well as any property damage (including property to homes, businesses, and other recoils). Personal Injury Protection covers not only medical expenses but also lost services, lost wages, and funeral expenses in the event of a fatal car accident.

It is a good idea to carry more than the stated limits for coverage. A $10 000 policy will not cover the damage done to most cars in a serious car accidents and medical expenses and funeral expenses are often much larger than $10 000. Many drivers worry about the costs of premiums if they raise their coverage, but in many cases drivers can save money by carrying a higher deductible.

Some drivers must also have Bodily Injury Liability. Under Florida law, drivers with past accidents or driving violations are sometimes advised that they must have this type of coverage. This coverage pays for the injuries that victims suffer in a car accident. If you are in a car accident and the driver of the other vehicle suffers spinal cord injury or other serious injury, for example, this coverage will help pay for the medical bills and related expenses.

Even if you do not have to carry bodily injury liability, it is a good idea to do so to help defray the expenses and liability of a car accident. The minimum coverage for such insurance is usually $10 000 per person with a maximum of $20 000, but it is a good idea to carry more than this minimum. This type of coverage can protect you financially in the event of an accident.

Optional coverage includes collision insurance, which protects you against the cost of having your car repaired after a collision and comprehensive coverage, which covers you against theft as well as damage to your car caused by vandals and some natural disasters.
Uninsured and under-insured motorists coverage is also optional but highly recommended. This form of coverage protects you financially in case you are in an accident with someone who has no insurance or does not have enough insurance to pay for your injuries or car damage.

South Florida has many ponds, lakes, canals and waterways. While these provide natural habitats for animals and are a lovely scenic feature of the region, they can also pose a serious additional danger in the event of a car accident. Car accidents that end with vehicles submerged in water are common in South Florida. Cars that lose control near a waterway can eventually end up in the waterway, leading to a serious threat to the driver and any passengers.

All car accidents are risky and are leading causes of many personal injuries, including brain injuries, burn injuries, spinal cord injuries, and other serious problems. Car crashes involving waterways, however, pose the additional risk of drowning as well.

A local newspaper looked at car accidents involving waterways in the South Florida area and found that between 2004 and 2007, Palm Beach County had 29 fatal waterway car accidents while the tri-city area had 74. Broward had 23 fatal crashes while Miami-Dade had 22. In these types of accidents, 89 people were killed in the area, including 24 passengers and 10 children. Weather and visibility did not necessarily play a role, since more than 33% of the accidents occurred in the daytime and more than 66% occurred when skies were clear and visibility was good.

According to authorities, there are several things that drivers can do if they find themselves losing control of a vehicle and heading towards the water:

1) Stay calm and still. Moving around in the vehicle can cause further injuries.

2) Wait until the vehicle is in the water, and then unbuckle your seat belt. While the driver’s impulse may be to unbuckle quickly in order to get out of the car, if you hit the water without a seat belt, experts warn, you could be knocked unconscious or seriously injured by the impact of the car against the water. Experts recommend that drivers keep scissors or a similar tool in the glove compartment in case the seat belts become stuck.

3) If the vehicle floats at first, quickly lower the windows the escape. Always climb out of the window, experts warn, since opening the door can cause water to rush into the car, flooding it too quickly to permit escape.

4) If you are traveling with passengers, unbuckle your own seat belt and then help your passengers.

Continue reading " Waterway Car Accidents Are Frightening – Do You Know What to Do? " »

Florida policymakers have passed legislation to prevent and stop "stunt biking," the trend of motorcyclists who perform dangerous and often reckless maneuvers with their motorcycles while out on public roads and even in traffic. Speed racers in Florida have become dangers experts say, weaving in and out of traffic, doing spins, and flying through quiet streets over the speed limit.

Authorities note that these self-proclaimed stun drivers often place videos of their pranks online. The worry for authorities is that this trend is not only dangerous for the motorcyclists, but also for the drivers on the road who may not be anticipating such antics. Many car accidents involving motorcycles in past years have involved personal injuries and even fatalities. In some cases, police were not even able to catch the perpetrator, since some of the newer motorcycles built for speed accelerate quickly and reach high speeds very fast.

By law, wheelies have always been illegal, since laws require that motorcycles have both wheels on the ground whenever the motorcycle is being driven. Most of the other dangerous "stunt biking" behavior, however, has not always been well defined. Under the new laws, anyone who engages in dangerous riding faces a $1000 for the first offence and $3000 for a third offence. "Stunt biking" can also lead to suspension of a motorcycle license under the new legislation.

Police authorities are worried that the new laws are not strict enough. Some allege that a $1000 or even $3000 penalty will not deter many stunt bikers, especially since many do not think they will get caught. Police also point out that most motorcycle riders found guilty of stunt biking do not have a license, so licence suspension is ineffective.

According to authorities, roughly 75% of all accidents involving motorcycles also involve another car, usually passenger vehicles. In many cases, the motorcycles are too quick, too small, and too erratic for cars to get out of the way. In many cases, accidents take place when stunt bikers lose control of the motorcycle.

Motorcycle accidents are devastating for riders. Brain injuries and spinal cord injuries are very common among stunt bikers, and the injuries are often made worse by the fact that these riders often refuse to wear helmets. Vehicle drivers involved in such accidents usually suffer emotional trauma as a result of the accident. Police note that since up to 60% of stunt bikers are unlicensed uninsured, it is difficult for victims of such accidents to be compensated for lost income, medical bills, or other expenses.