Florida Car Accident Lawyer Blog

While most Florida pedestrian accidents and car accidents involve cars, the increased presence of scooters on city streets and pedestrian areas has created a whole new hazard and legal question – one that is difficult o resolve. Scooters, also known as EMDs (electric mobility devices) are showing up in greater numbers to help those who are too elderly, too ill, and too obese to walk easily.

The difficulty with scooters is that they are an in-between entity. Those who ride scooters are not exactly pedestrians and not drivers, either. Under Florida laws, these devices do not require registration or licensing. However, these devices can cause serious accidents if they run into a pedestrian. When drivers use scooters in the roads, they can also cause Florida car accidents.

Currently, auto insurance is not applicable to EMDs and homeowners insurance does not cover any accidents or injuries caused by these devices outside the home. Worse, many who use scooters are in fact using them in ways they should not be used. Manufacturers of EMDs state that scooters should not be used on the roads and Medicare only pays for EMDs if they will be used indoors only. Drive-thru restaurants will not serve people on EMDs due to concerns about liability issues. However, many people who use scooters do use them in sidewalks, in parking lots, and even on the roads. In the event of an accident, this raises further complicated questions about liability.

There have been a number of well-reported scooter accidents across the US over the past year and this has prompted many people to discuss possible ways to insure EMDs. There has been discussions as well about ways to define scooter users legally and possible legislation which can be put in place to protect the public.

In Florida, a recent high-profile case involves a 73-year old EMD driver who got intoxicated and drive home on his scooter, only to be struck down by a car. He was issued a ticket as a pedestrian – for walking out in front of a car. The case underscores the lack of regulations concerning EMDs. While drivers of cars have rules and laws they must follow to prevent Florida drunk driving accidents, there are no laws preventing scooter users from driving drunk.

Scooters can also pose a serious hazard to pedestrians and can cause Florida pedestrian accidents and bicycle accidents when the devices are used on sidewalks and pedestrian trails. EMDs are quite wide and can move quickly. If they collide with a bicyclists or pedestrian, serious injuries are the likely result due to the bulk and the speed of the scooter. Currently, however, anyone who is injured by a scooter must seek recovery through civil court because there are too few laws in place protecting pedestrians, car drivers, and scooter users.

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In Florida as in the rest of the country, it is illegal to drive without a valid license. However, law enforcement authorities in Southern Florida note that in many 2010 Florida car accidents, drivers were without valid licenses at the time of the crash. In some cases, drivers were unlicensed but in many cases drivers had suspended licenses because of Florida drunk driving charges or other violations.

Police authorities and experts say that part of the problem is that laws surrounding drivers with suspended licenses has become more lax. In 2008. for example, a law passed by Legislature ensured that repeat traffic offenders would not face jail time for driving without a suspended license or no license at all. Police authorities report being frustrated by the fact that in many cases they cannot press charges in these cases until a lengthy investigation is complete – even though in some cases the suspect continues to drive without a valid license.

Part of the problem, too, may be attitudes. Although everyone in driver's education classes is taught that driving is a privilege, many drivers have come to see it as a right and a necessity. Some drivers claim that they need to drive in order to get to work or in order to take care of other vital activities, even when they do not have a valid license. Of course, these claims make little sense to the people unlicensed drivers hurt each year in car accidents. Drivers who have no valid license can rely on taxis or public transportation, but many choose to get behind the wheel of a car.

According to Brevard County authorities, in 2010 alone 68 Florida car accident fatalities in the county were linked to drivers driving without valid licenses. These accidents are especially frustrating for the victims. In cases where a driver is driving without a valid license, say authorities, there is often no insurance, either. Unless a car accident victim has uninsured driver insurance, he or she may be forced to pay for any medical expenses out of pocket.

In many cases, injury victims who have been in a car accident with an uninsured and unlicensed driver must take legal action against the driver in order to cover lost income, medical bills, and other expenses associated with the accident. A good Florida personal injury attorney must generally investigate the cause of the accident, the driver's assets and ability to pay, and many other factors to put together a strong case.

Continue reading " In Florida Car Accidents, Suspended Licenses Are An Issue " »

Sen. Mike Bennett from Bradenton has introduced a new bill which would allow Florida drivers to get ticketed for driving too slowly in the left lane. According to proponents of the bill, slow drivers in the left lane contribute to Florida pedestrian accidents and car accidents by creating traffic problems and instigating road rage that leads to aggressive driving.

According to statistics, drivers who drive too slowly in the left lane cause traffic delays, which then causes other drivers to become more aggressive in order to pass them. Slow drivers cause other drivers to speed up and weave around them experts say, creating unsafe conditions for everyone. Supporters of the bill say that the new law would make drivers more courteous.

Those who oppose the bill say that the law would punish law-abiding drivers. Some opponents also note that the real danger in most situations are speeding drivers and aggressive drivers – not drivers driving at or below the speed limit. Some opponents claim that the law sends the wrong message – to speed up rather than slow down – while other opponents claim that the law is just another way to ticket drivers.

Under current Florida legislation, drivers can only drive in the left lane when passing. However, this rule is not strictly enforced. Opponents of the current bill note that the new law would not be needed if the current legislation were better enforced. If the new bill does pass, it could become law as early as July of this year. Under the new law, drivers caught going too slowly in the left lane would get a ticket and fine of $143.

No conclusive studies have been done to determine whether reducing slow drivers in the left lane would reduce Florida car accidents. Supporters of the new bill note that it is just common sense to ticket drivers who are breaking current legislation and driving in the left lane. Opponents of the bill believe that the new law might not help prevent Florida car accidents.

A local news station in Lee County, Florida recently ran an investigative series into Florida drunk driving accidents and DUI incidents. Reporters found that in many cases drivers caught on DUI charges are getting their licenses back and are being allowed to drive again quickly after being ticketed for DUI.

Under Florida law, drivers who have been accused of DUI are allowed to have an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles. This hearing occurs before the DUI trial and allows the defendants to argue for their license. While Florida law allows officers to immediately take away the license of someone who is accused of DUI, these hearings, according to investigative reporters, gave back licenses to hundreds of people in Southern Florida in just a three month period.

Someone who is accused of driving under the influence has ten days to request an administrative hearing. At the hearing, officers decide whether to invalidate the license suspension and return the driver's license. According to investigative reports, in 2009 more than 5200 drivers in Florida received their licenses back due to these hearings. In some cases, drivers had been impaired and had been unable to pass a breathalyzer test but had their licenses reinstates because police officers failed to follow testing standards or guidelines when administering the tests.

In some cases, arresting officers did not appear at the administrative hearings, which also allowed the drivers to have their licenses reinstated. Florida is changing that particular law. After July 2010, a driver does not automatically have his or her license reinstated if the arresting officer does not show up at a DMV administrative hearing. As well, police authorities are cracking down on police officers who fail to show up for the hearings.

The investigative report does suggest the importance of good communication between the DMV and authorities. While DMV administrative hearings do not have a bearing on criminal DUI trials – that is, someone who has a license reinstated at a DMV hearing may still be found guilty at a criminal DUI trial – the case is troubling for motorists. This is because it does suggest that drivers who may cause Florida car accidents due to DUI may be back on the roads – legally – after drinking and driving. The DMV hearings are intended to give drivers a fair chance to get their licenses back but more studies need to be done to determine whether reinstatements are leading to more Florida car accidents.

Continue reading " Is There a Link Between Florida Drunk Driving Accidents be Linked to License Reinstatements? More Studies Are Needed " »

Florida is not currently one of 47 states that has a booster seat law for children 4 years of age and older. However, some proponents of booster seat laws are trying to create just such a law in the state, arguing that the legislation would help prevent serious injuries to children. Currently, a coalition has formed to pass a Florida booster seat law. More than thirty organization are part of the effort to change the legislation.

According to some studies, Florida spinal cord injuries, brain injuries, internal bleeding, and other serious injuries are more likely to be the result when children are involved in a car accident and are not wearing a booster seat at the time of the collision. Under current Florida law, children must use seat belts at age four. There is no requirement to use booster seats.

Some experts claim that the seat belt law is not enough and can actually cause more injuries to children. Since children are not as tall as adults, if they are in an accident and are wearing a seat belt without a booster seat the seat belt can easily cut the child's abdomen and neck. According to some experts, allowing a child to use a seat belt but no booster seat can cause Florida brain injuries, broken necks, paralysis and other life-altering injuries.

Studies that have examined booster seat use and seat belt use among young children have concluded that booster seats give children a better chance of avoiding serious injury in a car accident. Young children who use seat belts but no booster seats are four times more likely to experience neck or head injuries when compared with children who do use booster seats. Young children who use seat belts without booster seats are also three times more likely to sustain an injury to the abdomen in a car accident, when compared with young children who are properly restrained with both seat belts and a booster seat. Some experts believe that as many as 4000 emergency room visits can be prevented each year if children between the ages of 4 and 8 wore booster seats.

Proponents of a booster seat law also note that the law could help the state save money. Children who are injured in a Florida car accident may require long term medical care, typically covered by Medicaid. Since booster seats cost only $30 but can help prevent thousands of accident injuries, they could potentially save the state millions of dollars.

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While car accident rates and car accident fatalities have dropped nationwide in the last few years, car accidents still claim about 40 000 American lives each year. As well, some groups of drivers have more to worry about than others. According to AARP, drivers who are between ages 30 and 64 have fewer crashes per mile than elderly drivers over 65. As well, elderly drivers are less likely than younger drivers to survive a collision. Since Florida has a large population of seniors, preventing Florida car accidents means addressing these elderly drivers.

AARP has instituted the AARP Driver Safety Program nationwide. This program allows seniors to take refresher driving courses from experienced, volunteer driving instructions. The idea behind these programs is to refresh driving skills, address changes in legislation, and address changes to cars that may have taken place since an elderly driver first received their license. Drivers who complete the course receive an AARP driving-school certificate, which may qualify them to get a discount on their car insurance. Among the things that these classes teach are:

1) The importance of yielding right of way. According to AARP driving instructors, failure to yield right of way leads to a large proportion of car accidents. It is important for all drivers to remember that they are given right of way. While in some cases a driver must yield right of way, it is important to never assume that another driver will stop.

2) Age-appropriate driving. AARP driving instructors teach students that sight, hearing, stamina, and other physical features may suffer with age. It is important for all older drivers to get annual checkups as well as yearly eye exams to keep fit for the road. Any medications should be cleared with a doctor and pharmacist first to ensure that they will not affect driving ability.

3) Check blind spots. AARP recommends that drivers exercise their necks with neck rolls to ensure that they can turn around to check blind spots. Mirrors alone are not enough.

4) Keep mentally alert. All drivers need to avoid anything – audio books, texting, phone calls, food, drinks, newspapers – that can pose any distraction on the road. It is important to keep 100% of your focus on the road. It is also important to get any mental symptoms – such as memory loss or trouble concentrating – checked out by a doctor. These can affect your driving skills.

5) Be realistic about when it's time to hang up the keys. No one can drive forever. As physical health deteriorates, there may be a time when a driver must stop driving for their own safety and for the safety of everyone around them. Any driver who has any symptoms which could indicate a problem is ethically obligated to seek help. If you can no longer safely drive, it is important to get your condition treated. If this is impossible, it is important to stop driving before your condition leads to an accident.

Continue reading " Could Extra Education For Elderly Drivers Help to Prevent Florida Car Accidents? " »

According to a new study, use of red light cameras has been linked to a lower risk of fatal car accidents. The study, conducted by The Insurance Institute for Highway Safety, concluded that fatal car accidents decreased by 24% across 14 cities that implemented the cameras. The cities have only implemented red light cameras since 1996 and in some cases only since 2004, so some experts warn that it is too early to draw conclusions about the effectiveness of the technology.

Red light cameras are a type of technology which allow cities and communities to place the cameras at specific intersections – often at higher-risk intersections – where the cameras are operational year-round on a 24-hour basis. The cameras automatically detect and photograph any motorists running red lights. Some of the newer cameras can also capture other violations, such as illegal turns or speeding. When the cameras detect a violation, they photograph the car and the license plate associated with the car. The driver of that vehicle is then sent a ticket in the mail.

Red light cameras have recently been used to help prevent Florida car accidents, too. Since September 2010, Fort Lauderdale has had six red light cameras in use. Since then, the city has reported that accidents at those intersections have dropped from 50 to 39. In addition to Fort Lauderdale, other Florida communities have introduced red light cameras, and many have reported a reduction in the number of Florida car accidents in their communities. Currently, Hollywood, West Palm Beach, Juno Beach, Pembroke Pines, Opa-locka, Hallandale Beach, Aventura, Miami Beach, Bal Harbour, Homestead, Miami Shores, Miami Gardens, Golden Beach, North Miami, North Bay Village, and West Miami all have red light camera programs in place.

Proponents of red light camera programs claim that the cameras can help prevent Florida pedestrian accidents and car accidents by making drivers more cautious. When drivers know that their traffic violations will be captured on camera, experts claim, they drive more carefully, which makes the roads safer for everyone. Red light cameras also free up law enforcement officials for other tasks.

Opponents of red light cameras claim that the camera programs are expensive and may violate individual driver rights. In many cases, drivers oppose red light cameras – especially if they receive tickets from the system. In some cases, drivers have claimed that red light cameras have incorrectly read their speeds or have incorrectly sent them tickets. In other states, drivers have been able to successfully defend themselves from red light camera tickets in court.

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According to the Florida Department of Highway Safety and Motor Vehicles, there were 2430 fatalities in 2010 caused by Florida car accidents. This represents the smallest number of fatalities seen since 1978, even though the population of Florida has grown significantly since that time. However, while these numbers are cheering, the fact is that there are still too many deaths and serious personal injuries resulting from Florida traffic accidents. There are ways to help reduce these numbers even further:

1) Enact texting bans. Many legislators and experts have been calling for a text ban for drivers. Many states already have such bans in place to help prevent distracted driving. There is a well-established link between distracted drivers and accidents. According to the NHTSA, 448 000 people were injured and 5474 were killed in 2009 due to distracted driving. Of these injuries and fatalities, 24 000 injuries and 5474 fatalities were linked to cell phone use by a driver. However, the measure to ban texting has proven controversial. Currently, there are two bills which could be considered by Florida legislature: H.B. 79 and S.B. 158. Both would limit or ban the use of wireless devices in cars.

2) Encourage more public awareness campaigns and enforcement campaigns. According to the Florida Highway Patrol, increased seat belt use (due in part to public awareness campaigns) and efforts by law enforcement are partly responsible for the lowered Florida car accident fatality rates. Encouraging enforcement and public awareness can hopefully help to drop the numbers of injuries and deaths even more.

3) Enforce drunk driving laws. Florida drunk driving accidents are still a serious problem. In fact, according to the National Highway Traffic Safety Administration, 770 out of 2558 Florida car accident fatalities in 2009 were the result of drunk driving. Only Texas and California had higher rates of drunk driving fatalities.

4) Better training. A number of studies have suggested that graduated licensing and other programs designed to encourage additional driver training ensure that all drivers on the roads have the skills needed to stay safe. Ensuring that teens and young drivers get more training can help reduce accidents involving younger drivers.

Continue reading " Making Florida’s Roads Safer and Preventing Car Accidents " »