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Car Accident Lawyer Blog

According to many experts, the most common driving mistakes which cause car accidents, pedestrian accidents, and personal injuries are in fact habits. Drivers learn a few mistakes and after a while do not even notice that they make these mistakes behind the wheel. Check to see whether you are guilty of any of these bad habits:

1) Bad mirror adjustments. Most drivers position their side mirrors so that they can see part of their own car and some of the area behind their vehicle. It is actually far more effective to position your mirrors so that you can’t see your car at all. You don’t need to see your car door and by angling a little wider you will decrease your blind spots.

2) Not idling. We all know that idling is bad, but turbochargers require some idling to ensure that oil can flow through them correctly and protect the metal. Idling for a few seconds after starting the car and after each drive can extend the life of your turbocharger.

3) Using the brakes too often. Constantly pressing down the brakes confuses drivers behind you and wears down your brakes. If you are heavy on brakes because you are a nervous driver, consider additional training or racing classes to get more comfortable behind the wheel.

4) Not using headlights correctly. At night, make sure you have your night lights on, not your daytime lights. You need the extra light to ensure that drivers can see you. At the same time, don’t drive around with high beams on unless you actually need them. Head beams can blind oncoming drivers and cause accidents. Keep in mind, too, that in some weather conditions – such as rain and fog – high beams can actually decrease your visibility.

5) Not speeding up in the passing lane. If you’re going to pass a car, you will need to enter the passing lane. Once there, though, you will need to speed up a little bit in order to pass the vehicles you wish to pass. Puttering along in this lane can cause other drivers to tailgate or drive aggressively. If you don’t want to speed up, do not pass.

6) Incorrect turning. When turning, make sure you put on your signal and make a turn in your own lane. Do not drift into another lane or change direction. This sort of incorrect turn could lead to an accident.

Some national research studies have found that drivers who text and drive are 23 times as likely to be in a car accident. With studies like these and safety experts increasingly speaking out against distracted drivers, many legislators are taking note. Chuck Schumer, a Democratic Senator, introduced a bill which would require states to ban texting while driving in order to qualify for federal highway funds. Senator Jay Rockefeller has introduced a bill which would offer grants to states which did ban texting and driving.

Even President Barack Obama has aimed to reduce texting and driving. During a conference about distracted driving last fall, he signed an executive order which bans federal employees from texting while driving. While that takes care of some government employees, however, in many states, drivers can legally text and drive. This is despite the fact that research has shown that texting and driving can lead to serious car accidents and personal injuries.

Transportation Secretary Ray LaHood has stated that texting and driving bans should apply not only to car drivers but also to bus drivers and truck drivers, who can cause serious bus accidents and trucking accidents by texting while driving. LaHood noted that for texting and driving bans for bus and truck drivers to be effective, they would need to work across state lines, since these drivers tend to drive across states often.

However, the government may need to face the fact that legislation alone might not work. The Insurance Institute for Highway Safety conducted a study which concluded that texting while driving and cell phone use actually slightly increased after these activities were banned among younger drivers. Although Phoenix banned texting and driving, a Reuters study in that city found that three out of four teens polled admitted to texting while driving. Clearly, any legislation will need to be followed up with enforcement and penalties. Most teens do not see texting while driving as something bad or wrong. Yet, many do see texting as a vital activity.

Legislators may need to ensure that penalties for texting while driving are high, in order to discourage drivers from texting while driving. Studies of teen habits also suggest that enforcement may be an issue. Unfortunately, many police agencies note that catching drivers who break such legislation is difficult. Most texters keep mobile devices on their laps or out of the way of windows, so that it is hard for officers to see texting on the roads. In addition to legislation, other types of initiatives may be important to stop texting and driving.

This week, The Oprah Winfrey Show has broadcast a show about distracted driving, taking an aim at texting and driving specifically. Advocates are cheering the move, saying that the talk show host has such a key influence on people that more drivers may sit up and notice that texting while driving is dangerous. The show is asking people to take a pledge not to text or talk on their cell phones while driving. More importantly, say advocates, Oprah Winfrey’s considerable influence may make texting and driving seem socially unacceptable. The show even features t-shirts which feature the slogan “Don’t Tempt F8, That Txt Can W8.”

The show on distracted driving takes aim at distracted driving specifically caused by mobile devices – Winfrey addresses emailing, texting, and cell phone use behind the wheel. During the show, Winfrey speaks with several guests who have lost loved ones due to a distracted move. The guests offer a face to the losses associated with distracted driving.

Winfrey backs up her claims in the show with specific facts. She notes that 71% of drivers between 18 and 49 years of age admit to talking on a cell phone or texting while driving. She notes that such behaviors cause 6000 deaths and half a million personal injuries each year – statistics she notes will increase unless people put away mobile devices when getting into their cars. At one point, an expert notes that drivers who are talking on a cell phone are four times more likely to be in an accident than non-distracted drivers – the same accident rate as drunk drivers. Drivers who text while driving are eight times more likely to be in a car accident than non-distracted drivers, according to the show.

Winfrey calls distracted driving a “deadly habit” and notes that her interest in the issue increased when she read a number of articles in the newspaper about distracted drivers who caused serious car accidents, pedestrian accidents, bus accidents, and trucking accidents. Winfrey praises Utah’s tough distracted driving laws at one point during her show and interviews Reggie Shaw, a young man who killed two people a few years ago when he was texting and driving. Shaw admitted to texting and driving frequently while behind the wheel and notes that many of his friends do the same thing. The families of his two victims -- Keith O'Dell and Jim Furfaro – worked to change distracted driving laws in Utah and Reggie himself has spoken out against distracted driving.

At one point during the show, Oprah Winfrey speaks to a specialist who notes that distracted driving is dangerous because the brain cannot process texts or cell phone calls as well as the information being seen visually through a windshield. Distracted drivers see only part of the information before them. Their brains effectively don’t notice some items on the street in front of them – such as other cars or pedestrians – since their brains are too busy processing incoming information from a mobile device.

The show even showed what happens during texting and driving. The show invited three guests to take part in a driving test. Each driver felt confident about their abilities to drive and text at the same time. After taking a driving test while texting, all three guests could see that they could not drive safely. This allowed Oprah Winfrey to note one of the key problems with texting and driving: many people genuinely believe that they can do both but in fact no one can do both successfully.

According to a UK research study conducted by the Transport Research Laboratory (TRL) and the RAC Foundation, texting is as deadly as drunk driving, and the startling results are just as applicable in the US as in the UK. The study had 17-24 year old drivers read, write, and ignore text messages while driving a driving simulator. Researchers concluded that the response times of test subjects decreased by 35% when distracted by a cell phone or mobile device. In comparison, response times decreased 12% when test subjects were drinking to the legal level allowed for their blood alcohol limit. Test subjects who were driving under the influence of marijuana had response times slowed 21%

The study found that distracted driving affected more than just response times. Test subjects distracted by a mobile device also had steering control reduced by 91%. As a result, many test subjects had trouble remaining in their lane while texting. Researchers also found that drivers distracted by texting followed too close behind the car in front of them, further increasing the risk of an accident.

Interestingly, all the test subjects in the study believed that they could text quickly and effectively, even while driving. All were experienced with texting. Despite this, it took them three times longer to compose and send a text message while driving. Researchers found that texters who think they are distracted for only a few seconds while driving in fact underestimate the amount of time it takes them to compose a text message on the road. In fact, researchers found that drivers sending just one text message were distracted for over half a mile or one full mile on the highway.

If this study is worrying on its own, research in the US is even more troubling. Accroding to US researchers, teens often text while driving, even though they know it is dangerous. Most teens polled also admit to breaking current text bans while driving and claim they would continue texting and driving, even if federal legislation makes it illegal to text message while driving in any state. Many teens claim that they are too dependent on text messaging to give it up, even while driving.

Police agencies also note that catching people who are texting while driving is difficult. The California Highway Patrol, for example, has issued 163,000 tickets since 2008 to people who are talking on cell phones while driving. However, only 1,400 texting tickets have been issued. Considering there are 23 million drivers in the state, this means that many people are texting, driving – and getting away with it. Police note that cell phones are easier to spot since drivers hold the devices up to their ears. Drivers often hold devices behind the dash or on their laps when texting, making texting drivers hard to spot. Currently, 20 states ban texting and driving. Nine states ban texting and driving only for young drivers.

No experts claim that text messaging while driving is not dangerous. However, getting drivers to listen is another matter. Police agencies believe that passing new laws alone won’t help. Like many experts, they believe that a change of perspective needs to happen. Drivers need to start seeing texting as dangerous and socially unacceptable.

When a car accident takes place, the risk of secondary car accidents increases. These types of accidents occur when distracted drivers collide with cars that have been in an accident. These accidents can also take place when cars collide because drivers are too busy looking at the accident to focus on the road. While many secondary accidents are fender-benders, they can still lead to serious injuries, including broken bones and head injuries.

A campaign in Florida known as the Move it…Yes You Can Campaign aims to reduce the number of secondary accidents. This campaign specifically aims to convince drivers who have been in an accident to move the vehicle. About half of traffic congestion is due to car accidents and Florida state laws in fact require drivers who are involved in minor accidents with no injuries to make reasonable efforts to move their vehicles so that the cars involved in an accident will not cause other accidents or traffic congestion.

Many drivers are not aware of this law and are in fact reluctant to move their vehicles. Some drivers assume that moving their vehicles will remove evidence of negligence or will create legal problems. The Move it…Yes You Can Campaign hopes to raise education and awareness about Florida’s laws regarding this important issue.

If you have been in an accident where injuries or serious damage has occurred, you should not move your vehicle and you should encourage other drivers not to move their vehicles. Where serious injuries – such as head injuries, burn injuries, or spinal cord injuries – have taken place, investigators will be examining evidence and charges as well as legal suits may take place. In these cases, it is best not to move your car. Remain in place until emergency personnel arrive.

Luckily, most accidents are minor fender benders with no injuries. If you have been in such a minor accident in which all passengers and drivers are uninjured, move your car off the road and wait until the other driver moves his or her car off the road to exchange information and to resolve the situation. This simple action can help prevent further accidents and injuries.

The campaign to prevent drunk driving accidents has been ongoing for decades and today many people have gotten the message that driving under the influence is morally wrong. Even though DUI accidents still occur far more than they should, most drivers are at least aware that drinking and driving are wrong and risky. Yet, some experts claim that driving while texting is even more dangerous and more pervasive.

Legislators have already considered banning texting and driving – or any mobile device use while driving -- in many jurisdictions. In 2008 alone, the Florida Highway Patrol found that 1 400 personal injuries and 15 deaths were the result of driver distraction. Currently, the Florida Highway Patrol does not keep records of specific distractions. However, in the future officers hope to accumulate records on the number of driver distraction accidents caused specifically by texting or mobile phone use.

However, studies have already shown that texting and cell phone use while driving is dangerous. According to the National Safety Council, 80% of all car accidents are due to driver inattention. Other studies have found that texting while driving is as dangerous as driving under the influence – drivers distracted by texting are four times more likely to get into a serious car collision. This is the same risk factor as driving under the influence.

Unfortunately, drivers do not seem to be getting the message about driving while using mobile devices. According to the American Automobile Association, 46% of teen drivers text while driving. While there is a social stigma to drinking and driving, a similar social stigma does not appear to exist for texting and driving. This casual attitude about using cell phones while driving, warn experts, may make texting more dangerous than drinking and driving, simply because more drivers are liable to text and drive or to see nothing wrong with texting and driving.

Representative Doug Holder, R-Sarasota, has filed a bill which would ban texting while driving. The bill, which will be under review in the 2010 legislative session, is supported by cell phone companies. The main problem, legislators note, is that it may be difficult to enforce such a new law. Some members of the US Senate may begin denying funding for federal roads in states where texting is legal on roads.

Part of the problem with texting is that it violates a fundamental rule of the road: keep your eyes and focus on the road. Drivers who text remove their eyes from the road for seconds or minutes while typing or sending text messages. This is enough time to cause a serious pedestrian accident, collision, or fatality. Even talking on a cell phone removes focus from the road and can result in an accident.

A recent cold snap in Florida and across much the Eastern US this past week has worried many people. Parts of West Palm Beach, Miami, and Ft. Lauderdale set near-record lows on overnight forecasts and many tourists and residents were shivering during the day in 27-degree wind chill. Parts of Virginia and Kentucky saw snow.

Unfortunately, such conditions create severe problems for drivers. Even if Florida does not see snow, most drivers in the state may not be ready to drive in icy temperatures. This can cause a spike in car accidents in the upcoming few days. Parts of New York and Vermont have already reported increased car accident rates and personal injury rates.

Florida drivers may not be prepared for driving in icy temperatures. When driving on cold roads, it is important to slow down. Even if roadways look clear and no snow or ice is visible, it is important to keep in mind that even tiny amounts of water on the roads can freeze in icy conditions.

Unfortunately, many Florida drivers do not have winter tires – required by drivers in snowier states. Winter tires provide extra grip and some even have metal studs to better grip the roadway through ice and snow. If your car is not equipped with snow tires, slow down and use extra caution. If ice is reported on the roads, you may be safer staying inside rather than driving. Summer tires simply do not grip the icy roads very well, and this will cause you to lose control of the vehicle.

Drivers may also want to keep in mind that icy conditions can cause other problems as well. Any water on a windshield can turn to ice and can impede visibility. If precipitation is mixed with icy temperatures, blowing snow and ice can hamper visibility even further. If you must drive, get windshield wiper fluid designed for cold temperatures. Before driving, make sure that you scrape off any ice or snow on your vehicle. Do not use regular windshield fluid, as it may freeze on your windshield, making visibility difficult. Make sure that your windshield wipers work well – these are a vital tool for keeping your visibility good in the cold.

Cold temperatures outside and a warm car interior often mean foggy windshields and windows as condensation accumulates on the inside of your car. If this happens to you, use your defrost to remove the fog that might be hampering your visibility. If you do not have this feature, use a chalkboard eraser to wipe down the inside windows – pull over to do this, however. Avoid using your sleeve or clothes to wipe away fog – this usually results in streaks and dirty glass that makes it hard to see.

Many people enjoy staying in touch with social networking sites such as Facebook, MySpace, Twitter, and other sites. However, if you have been in a car accident and have sustained personal injuries, you may want to reevaluate how you update your sites. Investors and insurance carriers look at social networking sites when evaluating claims. The wrong message on your sites may affect your claim and your chance at a fair settlement.

You may have already read it in the news: people being accused of insurance fraud or having benefits cancelled due to Facebook or other social sites. Even if you think you are immune because you would never try to defraud an insurance provider, your social networking activities may affect your ability to make a claim.

After a car accident in which you have sustained a brain injury, broken bone, burn injury, spinal cord injury, or other serious ailment, you will need to make a claim with an insurance provider in order to be compensated for your medical and related costs. It is also a good idea to hire a good Florida personal injury attorney, who can protect your interests and your rights in a claim.

The insurance provider will evaluate your claim and your claims of injury. Today, many insurance providers use investigators to evaluate claims in order to reduce the instances of fraud. As well, in jury trials, attorneys use investigators to evaluate plaintiff’s cases. In both cases, investigators are increasingly turning to social networking sites to gather information.

Even seemingly innocent pictures and posts can get you into trouble. If you have sustained a spinal cord injury and post on your blog or Twitter page that you have gone shopping, for example, investigators may question this and note that you seem to be performing every day activities perfectly well. If you post pictures of yourself and friends having fun and smiling, this can also be used by investigators as evidence that your injuries are not so severe. This can affect your ability to get a fair settlement.

If you have a blog or if you take part in any social networking sites, you will want to speak with your Florida personal injury attorney about your online activities. Your attorney can advise you about which things you can or cannot post about. Your attorney may also recommend that you briefly stop online social networking in order to increase the chances that you will get the help you are entitled to under the law.