Florida Car Accident Lawyer Blog

Teens often enjoy the freedom of commuting to school and most parents support the idea. However a study by the Insurance Institute for Highway Safety suggests that teen commutes may contribute to Florida car accidents and accidents across the country. Researchers at the Insurance Institute for Highway Safety collected data on accidents between 2001 and 2004 and found that there was an increase in car accident rates during school commutes in the afternoon and morning. As well, researchers found that about 30% of car accidents involving drivers between 16 and 17 years old occurred during school commute times.

According to researchers, many evening car accidents involving teen drivers take place due to drinking and driving or speeding, but this is not the case with school commute time accidents. Instead, researchers concluded that distraction and fatigue are the contributing causes in these accidents.

According to Students Against Destructive Decisions (SADD), there are several things that can be done to help prevent Florida pedestrian accidents and traffic accidents during school rush hours:

1) Let your teen know about the dangers. Teen drivers may assume that commute drives are safer because they do not take place at night. Share statistics about school commute accident rates and encourage your teen drivers to stay extra alert.

2) Do not let your teen drive tired. Have your teen agree to drive only if they have gotten eight hours or more of sleep a night. Offer a ride if your teen has been staying up late or is under stress due to exams or school work.

3) Encourage your teen drivers to stay out of cars where other teen drivers display unsafe driver behavior. Teens often commute together and sometimes take turns carpooling. However, teens may also feel peer pressure not to speak up if a driver is driving distracted or tired.

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For many Florida teens, a first used car is a sign of freedom – but could that car be increasing teens’ risk for Florida car accidents, too? According to a 2008 survey by SADD (Students Against Destructive Decisions) and Liberty Mutual, 27% of teens drive used cars that are at least 12 years old and another 60% of teens drive cars that are seven years old or older. According to safety experts, this can be a concern, since older cars may lack newer safety features which can help prevent collisions and which can help prevent serious injuries in the event of an accident. According to experts, parents and teens looking for a used car need to consider the following before driving away:

1) Only consider cars with standards safety features. Stability control, antilock brakes, all-wheel drive, traction control, and airbags can help prevent collisions and injuries. It may take extra time to find a car with these features, especially if you are on a budget, but it is well worth considering these features when shopping.

2) Check the head restrains. Head restrains which adjust correctly are important for helping prevent many Florida brain injuries.

3) Check the integrity of existing systems. Are the seat belts in good condition, for example? Are the tires new and in good shape? Even if the tires look fine, you may want to consider replacing the tires on a used car. Tires older than five years – even if driven rarely – can be unsafe because they have deteriorated.

4) Research makes and specific cars. Read consumer reviews and reports about the safety standards of any make and model you are considering. Are there known safety features? Has the model been recalled? If so, were the necessary adjustments made on the specific car you are considering to fix the problem? Get the VIN number and get a history of the car. Any car that has been in a serious accident may be compromised.

5) Consider a larger car. Larger cars may protect the driver more than smaller economy-sized cars do.

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The U.S. Department of Transportation has released new statistics showing that the number of fatal Florida car accidents is lower. Fatal car accident rates are also dropping in Georgia and nationally, even though the number of miles Americans drive is actually increasing. This has led many experts to weigh in on why the rate of accidents seems to be dropping. According to the U.S. Department of Transportation, car accident fatalities in 2009 have declined to 1.13 deaths per 100 million vehicle miles, compared to 2008’s 1.26 fatalities per 100 million vehicle miles driven. During the same time period, the total car miles driven in the US increased by 0.2%.

Fatal Florida car accidents have dropped even more than the national rate. Between 2008 and 2009, the number of Florida traffic accident fatalities decreased by over 400 deaths. The drop has many questioning whether the decrease is permanent, cyclical, or related to a specific set of factors. The numbers, while welcome, have many people questioning the cause of the decrease. Some federal officials claim that the change is permanent. Other possible reasons for the good news might be:

1) A poor economy. Some experts believe that fewer people are driving often due to less expendable income. With less money, experts argue, fewer people are traveling or going on unnecessary trips and fewer people on the roads means fewer car accidents.

2) Better drivers. An administrator with the National Highway Transportation Safety believes that drivers are getting the message from public service announcements and are taking better precautions, such as wearing seatbelts and choosing not to drive under the influence.

3) Less driving. At least one Florida’s sheriff’s department claims that Florida car accidents are decreased because fewer are driving. In fact, according to the Florida Department of Transportation, in Florida the number of vehicle miles driven in 2009 decreased by 2%. With fewer people driving in the state, it is possible that some Florida pedestrian accidents and car accidents are simply being avoided.

4) Safer cars. Both car manufacturers and some police departments believe that safer cars may be contributing to fewer fatalities in Florida car accidents. Passenger side airbags, for example, are now standard in many newer vehicles, possibly meaning fewer Florida brain injuries in collisions and therefore fewer fatalities.

5) Laws. New laws are being developed all the time to make Florida safer. For example, as of July 2009, a new primary seat belt allows police to pull over Florida drivers for not wearing a seat belt. Prior to that new law, police had to pull over drivers for another reason and could not pull over a motorist just for not wearing a seatbelt. As well, Florida has a tough law for motorists with multiple accidents. Any Florida driver who has three or more at-fault car accidents within a three year period is required to take driving school in order to brush up on their driving skills.

Continue reading " Are Florida Car Accident Rates Slowly Dropping? " »

Florida injuries to minors and children are very common in state car accidents. Police officers and child safety advocates note that just any seat belt, however, will not help keep a child safe. The wrong seatbelt can actually cause more injuries. For example, using a regular seatbelt rather than an age-appropriate child safety seat with very young children can result in serious injuries in the event of a collision.

Children under the age should be in a child safety seat in the back seat of the car. Infants should be in rear-facing seats while older children and toddlers can be facing forward, but must be in child safety seats designed for their age group. Most experts agree that until age two, children should be in rear-facing seats. Once children are between 40 and 65 pounds, they can be placed in child safety seats with harness and buckles.

Children under four-feet nine inches in height or under 8 years old should be placed in booster seats. This is because in the event of a Florida truck accident or car accident, the seatbelt can cut into a child’s neck, causing serious and potentially life-threatening injury. According to the National Highway Traffic Safety Administration, children should always be in the back seat until they are at least 13 years old. Younger children are much safer in the back, even when they no longer need a child safety seat. The back seat provides more cushioning and more protection in the event of an accident. Children who are in the back seat will suffer fewer injuries from the windshield. As well, airbags, which are now standard in most cars, can be dangerous to children when deployed. The airbags inflate very suddenly and because children are not as tall as adults, children tend to be pushed into the airbag with great force. This can and does cause injuries.

According to federal statistics, the widespread use of child safety seats does seem to have an impact on child safety in car accidents. According to the National Highway Traffic Safety Administration, 4% of the nation’s fatal car accidents resulted in the deaths of minors 14 years of age and under. This is 3% lower than the number of childhood deaths in car accidents in 2008. This is despite the fact that the amount of miles traveled by Americans in cars actually increased in 2009. According to the National Highway Traffic Safety Administration, 179,000 children sustained injuries in 2009 car accidents.

Child safety seat use does seem to be closer to universal – but booster seats are a different problem. According to the National Highway Traffic Safety Administration, in 2009, 96% of children between the ages of 1 and 3 were placed in child seats and 89% of children under 13 years of age used child restraints appropriate for their age. 41% of children between the ages of 4 to 7 use booster seats. Child safety advocates would like to see that number increase in order to help safeguard children. The message is clear: In Florida car accidents, age-appropriate safety seats and restrains can save lives and can help prevent injuries.

Gainesville Police recently teamed up with University of Florida police officers and Alachua County deputies for a pedestrian safety initiative after the area was seeing about three Florida pedestrian accidents a week. As part of the campaign, the police initiated a two-week-long crackdown on drivers, pedestrians, and bicyclists who were not obeying crosswalk laws. The crackdown resulted in 153 citations and increased public awareness about crosswalk laws.

Florida law gives pedestrians right of way, meaning that motorists must stop or yield when pedestrians enter crosswalks in order to allow the pedestrians to cross the street. Motorists are also required to stop or yield for pedestrians entering intersections that do not have markings.

Police say that motorists appear to be getting the message. When a similar campaign was held earlier in the year, 1 177 citations were issued. The enforcement and increased education campaigns about crosswalk rules may be helping. The fines in place for violators may be an incentive, also. Motorists who do not yield to pedestrians at intersections or crosswalks face fines of $154.

In addition to targeting motorists, police were also targeting pedestrians and bicyclists who do not follow the rules. Pedestrians are expected to use crosswalks and intersections where they are available, rather than darting out into traffic. Pedestrians who choose not to use available intersections or crosswalks may face fines of $52.50. Pedestrians as well as bicyclists are expected to always obey traffic signs and lights, even when it safe for them to proceed around or in between cars.

Since Florida car accidents involving pedestrians and bicyclists are an issue across the country, other areas – including Miami – may wish to consider adopting similar crackdowns as well as educational campaigns. The effort appears to have helped Gainesville residents appreciate the importance of crosswalk laws. Perhaps the same efforts could make Miami streets and other Florida streets safer as well.

Florida car accidents involving pedestrians seem to be deadlier than the national average. Since it has been discovered that Florida has a disproportionate number of pedestrian accidents, many proposals have been put forward to help reduce these accidents and to make roadways safer for both motorists and pedestrians. According to experts, many initiatives have worked across the state in reducing Florida pedestrian accidents and can be used more broadly to reduce accidents even more:

1) Improved crosswalk striping and markings. Crosswalk markings are important for both motorists and pedestrians. For pedestrians, good markings clearly indicate where to cross. For motorists, crosswalk makings clearly indicate where they should stop to allow pedestrians to pass.

2) Improve crosswalk and intersection placement and design. More crosswalks mean that pedestrians have more “legal” and safe places to cross. It is important for planners to be especially alert when new buildings are created near busy roads. Wherever people work and pursue recreation, there is a need for crosswalks to help pedestrians get around. As well, it is important that crosswalks are well-designed so that motorists can clearly see pedestrians approaching the crosswalk in time to yield.

3) Overhead lighting. Lighting above crosswalks improves visibility and gives motorists another cue that a crosswalk is present, helping to prevent Florida pedestrian accidents.

4) Install pedestrian refuges on busy roads and highways. Pedestrian refuges are raised medians, which separate pedestrians from the flow of traffic, thereby ensuring that pedestrians are not sharing the same surface as high-speed traffic. This helps prevent Florida car accidents involving pedestrians by ensuing that cars cannot enter the pedestrian area and pedestrians cannot err into traffic.

5) Installing HAWK system. HAWK systems are crossing signals which are activated by pedestrians. Although they are expensive -- $120 000 – they ensure that more crosswalks with traffic lights can be added in areas with lower pedestrian traffic (which might not warrant permanent traffic lights).

6) Education campaigns. Educational campaigns by police and other agencies as well as increased enforcement in areas known for high rates of Florida bicycle accidents, car accidents, and pedestrian accidents have helped to reduce accidents in higher-risk areas.

According to new statistics, Florida streets and the nations streets may be becoming safer in some ways – despite the continued presence of Florida pedestrian accidents and car accidents and despite the fact that there are more drivers on the road than ever before. According to new statistics, there are five times as many motorists in the US as there were six decades ago. However, 2009 saw fewer deaths than there have been since the 1950s.

Experts agree that there has been a change. About 14 years ago, many people did not wear seat belts – a factor that helps to prevent many Florida brain injuries and fatalities in Florida car accidents. As well, two decades ago, cars were made with fewer safety features for passenger safety, experts note. Even in cases where a vehicle was not damaged, fatalities could result.

Today, car manufacturers are paying more attention to passenger safety. Features such as anti-lock brakes, skid control, brake force inhibitors, electronic brake distribution, airbags, and other safety features protect passengers in a collision and offer the driver more control of the vehicle in an accident, helping to prevent some Florida car accidents. Features such as airbags can help prevent Florida brain injuries and fatalities, even in a more serious accident. With safety standards and rating widely published, and with more consumer awareness about car safety, car manufacturers are in fact competing with each other to introduce more safety features.

It’s not just car manufacturers who are trying to prevent Florida car accidents. In the past twenty years, laws regarding drunk driving accidents, DUI, speeding, and other violations have become more stringent. As well, Florida has hired more officers over the years in order to enforce traffic laws more fully.

The focus on safety appears to be paying off. Fatal Florida car accidents have decreased almost 30% since 2005. The number of fatal Florida drunk driving accidents has also decreased 15% between 2008 and 2009. In 2009, Florida traffic deaths dropped for the fourth consecutive year. While there are still many preventable Florida traffic accidents and personal injuries, the statistics suggest some movement in the right direction.

Beach driving is a Florida tradition – but one that can easily lead to Florida car accidents and serious injuries. Beach driving involves the practice of driving on packed beach sand, often on public beaches with plenty of beachgoers. The result, not surprisingly, can lead to Florida pedestrian accidents and serious injuries.

The practice is long-lived. As early as the first Ford models, drivers were using hard-packed sand at Florida’s beaches to drive. In the 1930s, even races were held on Florida’s beaches, a practice that was not stopped until 1960. Not surprisingly, numerous Florida personal injuries resulted in lawsuits over the practice. Environmentalists have also filed lawsuits against beach drivers, hoping to preserve sea turtles. Homeowners with waterfront properties have also tried to take beach drivers to court, hoping to preserve their beachfront properties.

Today, many beaches prohibit beach driving, however the practice is not officially illegal on all of Florida’s beaches. As well, the results of lawsuits have been mixed. This year, a judge ruled against a New Smyrna Beach, deciding that beach driving did not infringe on the homeowner’s property rights. Softer sand and environmental changes have also meant that in some Florida areas, beach driving has simply become unfeasible.

New Smyrna Beach and Daytona Beach still permit beach driving, but St. Augustine beach has banned the practice following a tragic accident ten years ago. Volusia County also still permits beach driving, but has posted signage advising drivers to stick to the 10 mph speed limit at all times.

Beach drivers interested in taking their cars onto a beach would do well to travel during less busy days at the beach. Busy beach days mean lots of children playing on the beach – and young children may simply not be aware of the dangers of playing near a car. Obeying the speed limit and driving with extra caution are also important to prevent a tragedy.

Parents with young children might want to check beach driving regulations before heading to a beach. Beaches that do not permit beach driving are often safer for very young children, who are more likely to be injured by a car on a beach.

According to the National Insurance Crime Bureau, the number of intentional Florida car accidents is on the rise as more people try to commit insurance fraud. The National Insurance Crime Bureau reported earlier this year that intentional Florida car accidents jumped to 1, 999, an increase of 58%, in 2009. In Tampa, Florida, alone, staged Florida car accidents quadrupled, up to 487 incidents.

In the past, South Florida cities such as Miami tended to have the highest rates of accidental car accidents in Florida, but now Tampa appears to be in the lead as fraudsters target that area. In many fraud cases, motorists deliberately get into single-vehicle crashes in order to make fake medical claims. However, in other cases, motorists intentionally bump into another vehicle in order to make claims against the other driver’s insurance company. In these cases, the targeted driver is falsely accused of causing the accident and faces increased insurance premiums through no fault of their own. In some cases, these staged Florida car accidents can even cause real injuries to the targeted driver.

Staged car accidents and insurance fraud are a serious problem in Florida. According to the insurance industry, staged accidents cost the industry between $4.8 billion to $6.8 billion in losses in 2007 alone. These industry losses affect everyone, as they translated into higher premiums for all Florida drivers. Currently, the industry is trying to target suspected cases of insurance fraud. They are also trying to target doctors who handle high numbers of fraudulent claims.

In a review of twelve no-fault states, Florida had the highest rate for personal injury insurance fraud. Between 2008 and 2009, the number of suspected fraudulent claims increased by 15% in Florida. In many cases, insurance companies are investigating suspicious claims by hiring private investigators and other professionals. Unfortunately, this also raises the cost of insurance and can slow processing of legitimate claims.

According to many experts, a shaky economy in the state may be contributing to insurance fraud as well. In May, Florida’s unemployment rate (11.7%) was higher than the national average (9.7%). Desperation may push some to insurance fraud, experts claim, especially since Florida unemployment is the worst it has been in some years.