Florida Car Accident Lawyer Blog

Many businesses, including bars and restaurants, rely on alcohol for business. However, these businesses also face legal problems is their patrons cause an accident while driving home drunk. As a result, many businesses in Florida have been working to help prevent Florida drunk driving accidents in a number of ways:

1) Taxi services. Many businesses set up free taxi phones or offer to call taxis for patrons who have been drinking. In many cases, businesses may even be able to get referral dollars for patrons recommended to a taxi company.

2) Be My Designated Driver services. In the Tampa Bay area, a number of restaurant and bars are trying out this new service. Be My Designated Driver is a company that works with teams of drivers. When a patron has had too much to drink, one driver from Be My Designated Driver takes the patron home and the other driver takes the patron's car home. That way, instead of driving drunk, the patron is taken home safely and does not need to drive back to get their car. The service has a flat fee as well as a mileage fee, but is generally less expensive than taking two taxis.

3) Designated driver benefits. Some bars around the country offer free non-alcoholic beverages or other small incentives to any designated driver, thereby providing extra reason for one member of a group to stay sober to get everyone safely home.

4) All-night parking. After drinking at a bar, many patrons are willing to take a taxi home but are worried about their cars. Some bars make it easy to leave a car overnight, ensuring that drivers can make a responsible decision without having to worry about a parking ticket or towing costs.

5) In-business breathalyzers. Some bars and dance clubs offer breathalyzer machines, where patrons can test their state before making a decision to drink and drive. Often, the machines are very colorful and make responsible choices fun.

6) Business partnerships. Some bars and clubs team up with taxi companies or other businesses to ensure that patrons have ready access to a safe ride home. When patrons can step outside and find a cab waiting, it can be a little easier to make a safe decision. In wine country, vineyards and restaurants have their own fleets of cars or drivers to ensure that everyone gets home safely.

7) Ads and social pressure. Many bars and clubs have ads prompting responsible drinking. In fact, many breweries create coasters and other items with "responsible drinking" messages, to encourage everyone to make safer choices. In addition, many bars and clubs take their responsibilities seriously. Where alcohol is served, staff are expected to ask for ID of anyone who looks underage and must stop serving alcohol to anyone who is inebriated. Many bars and clubs keep a close eye on patrons to ensure that they have all the tools they need to make safe choices about getting home safely.

8) Support for organizations that promote safe driving. Many businesses support organizations such as MADD, which work to raise awareness about the dangers of drunk driving.

The National Highway Traffic Safety Administration reports that this year 10,839 Americans will die in drunk driving accidents. This adds up to one fatality every 50 minutes. Many businesses are working to change these numbers.

Continue reading " Can Businesses Help Prevent Florida Drunk Driving Accidents? " »

Distracted driving has been in the news frequently over the past few years. According to an article in The Times, drivers who use cell phones are four times as likely to cause a car collision as their less distracted counterparts. In fact, researchers have suggested that cell phone use is similar to driving drunk, in the way that it reduces response times and increases the risk of a Florida car accident. Some studies have suggested that hands-free phones do not help, while a Harvard study from 2003 concluded that cell phone use leads to 2, 600 fatalities and 330 000 accidents that lead to at least moderate injuries.

With research like this, it is not surprising that many people associate distracted driving with mobile devices. However, experts and authorities agree that cell phone use is simply the most noticeable form of distracted driving, and it is only the tip of the iceberg. In fact, many behaviors – including common behaviors that are almost impossible to litigate – can lead to distracted driving and Florida pedestrian accidents and traffic accidents. According to the Florida Highway Patrol, distracted driving can include:

1) Eating and drinking while driving.

2) An outside distraction. An animal running across the road, an accident nearby, road work, and other events cause many accidents each year.

3) In-car systems, such as radios, CD players, I-pods, DVD players, GPS devices, and others. Even adjusting a seatbelt or your mirrors can distract you from the road.

4) Other passengers. Helping a child or having an animated discussion with a passenger can distract a driver and cause an accident.

5) Objects moving in the car. Insects, an object rattling in the back seat, a pet loose in the car, or any mobile object in the car is a major distraction and a danger.

6) Smoking. Smoking is bad for your health, but it is also a distraction. The act of smoking, finding a cigarette, lighting a cigarette, or dropping a cigarette can mean taking your eyes off the road.

7) Any object in the car. Fumbling through a purse, trying to open a water bottle while driving, looking through the glove compartment while driving – these are all distractions.

8) Driver fatigue.

9) Medical issues.

10) Being lost. Looking at road maps or signs can distract you from pedestrians and cars around you.

11) Emotional distraction. Highway hypnosis or simply being inattentive can be just as dangerous as any other type of distraction.

12) Mobile devices, such as cell phones and texting devices.

Of course, it is impossible to avoid all of these distractions all of the time. It is inevitable that sudden events or problems crop up on the road and distract us. However, it is also important for drivers to stay aware of all the possible types of distractions which are possible when driving. When drivers are aware of these distractions, perhaps they will be more willing to pull over rather than keep driving distracted. This sort of paradigm shift can help prevent Florida traffic collisions.

Continue reading " What Types of Distracted Driving Cause Florida Car Accidents? " »

Between 2000 and 2010, the number of fatal Florida car collisions has dropped. In 2002, 3,143 individuals were killed in Florida car accidents. By 2010, that number had declined to 2,563. This is despite the fact that the population of the state has climbed 18 percent and despite the fact that during this period drivers have been more distracted than ever before, with DVD players, GPS devices, texting, mobile devices, and other technology.

In 1995, only about 13 percent of Americans owned cell phones. Today, 80 percent of Americans own them, and this has led to quite a debate about cell phone safety behind the wheel. Many studies have been done proving that cell phone use while driving is risky and increases the risk of a car accident. However, there is no doubt that overall traffic fatalities have been dropping.

What is going on?

Part of the answer may lie in the fact that highway safety systems and laws have improved in the same time period. Seat belt laws, for example, have become stricter in the past two years. Now, police can give out tickets if a driver is not wearing a seatbelt. In fact, drivers can now be pulled over even if that is their only violation.

However, does that mean that drivers are safer – even with cell phones and mobile devices – or do the numbers hide the dangers of distracted driving? Even cell phone companies are advertising that drivers should not use their products while driving. A number of bills have been introduced in Florida, which would make texting and driving or cell phone use while driving illegal. However, none of these bills have passed so far. They have certainly created a lot of debate about the topic of distracted driving. Currently, Florida is one of only two states to have no rules at all about mobile device use. The state does not even require the reporting of cell phone use in Florida car accidents.

According to the Virginia Tech Transportation Institute, drivers who text have a 23 times greater risk of being in a car crash than non-distracted drivers. As well, drivers spend an average of 5 seconds looking at mobile devices when using these devices on the road. On a highway, this means that drivers take their eyes off the road for about the length of a football field – plenty of time to cause a Florida pedestrian accident or car crash.

If mobile devices were banned or restricted, would it make Florida roads safer? Those who believe so point to studies like the one completed by the Virginia Tech Transportation Institute. Those who disagree with proposed bills point to the dropping rate of Florida car accidents and to other studies, which suggest that car accidents stayed static in states that have passed cell phone bans.

Continue reading " Would Restricting Mobile Device Use and Texting While Driving Help Cut the Number of Florida Car Accidents? " »

It makes sense to do everything in your power to avoid being in a Florida car accident. However, it is also important to be prepared – just in case. Sometimes, even when drivers do everything right, the mistakes or negligence of other drivers can lead to an accident. Luckily, there are many things you can do right now to prevent a car accident and to be more prepared in case the worst happens.

One important step to take is to place a few items in your glove compartment – just in case. In your glove compartment, you should have your registration and insurance card, in case you are in an accident. You should also have a list of emergency numbers and any information about any medical conditions you have. As well, a small first aid kit is a nice thing to have. Finally, place a paper and pen or pencil in your glove compartment, so that you can write down anything you need to after an accident. Having a camera is also nice, but not necessary.

Luckily, there are many things you can do to prevent an accident or accident-related injuries in the first place. Wearing your seatbelt and ensuring that all passengers wear age-appropriate restraints is an important first step to protecting yourself. Driving carefully and defensively is also an important way to prevent accidents.

If you are in a Florida car crash, you must stop at the scene of the accident. If the accident is minor, you can move your car off the road so that you do not block traffic and do not pose further danger to your passengers. Immediately call for medical assistance if anyone is injured. If you are not sure whether there is anyone injured, it is better to get possible victims evaluated.

Once everyone has received assistance, your next priority is to protect the site of the accident, which can help law enforcement officers determine what happened. Unless your car is creating danger or blocking traffic, leave it where it is. If you need to move your car, note where the car was at the time of the accident. Turn on your four-way flashers and lights to alter other drivers of a possible hazard. Notify police of the accident if needed and then exchange information (including names, addresses, and insurance information) with any other driver involved. Take note of any important details at the scene and take photos if you have a camera. Err on the side of taking more information than you need – you never know what detail will be important for an insurance company or attorney if you decide to pursue a claim. Take the names and numbers of any witnesses and note anything that may have in any way contributed to the accident.

If your accident has resulted in fatalities, injuries, or more than $500 in property damage, you will need to notify authorities of the accident. Stay with your car until police arrive and cooperate with the investigation. Speak with the investigating officer, but stick with the facts. Do not admit fault or discuss the accident in detail until you have a Florida personal injury attorney to advise you and to help you protect your rights. If insurance company investigators are at the scene, do not discuss the accident with them until you have a personal injury attorney, as a good attorney can help you protect your interests. In many cases, you can contact a Florida personal injury attorney – such as the Flaxman Law Group – right from the accident scene. Do not leave the scene of the accident until you have spoken to the investigating officers at the scene and they have allowed you to leave.

Once you have left the scene, see a doctor as soon as possible after the accident. This can help start document any injuries you may have sustained during the accident. If you have not done so already, consult with an attorney and notify your insurance company of the accident.

Continue reading " Dealing with a Florida Car Accident, and Preventing an Accident in the First Place " »

While 33 states – including Guam and the District of Columbia -- have bans on texting while driving, Florida is one of just 17 states that do not have specific bans against texting and driving, despite a number of efforts by legislators to pass these types of laws. Currently, no states have blanket bans which prohibit all cellphone use by motorists. However, eight states – as well as the Virgin Islands and the District of Columbia – have laws which ban the use of handheld cellphones while driving.

In Florida, a number of proposed laws were considered by Legislature in the latest session. One proposed law would have mandated driver education programs to include information about the dangers of distracted driving and the hazards of cellphones and other mobile devices while driving. Another proposed piece of legislation would have made it illegal for drivers under the age of 18 to use handheld cell phones and mobile devices while driving. None of these bills passed. Sen. Evelyn J. Lynn, R-Ormond Beach sponsored SB 80, which would have created the Florida Ban on Texting While Driving Law. That law also did not pass, but Sen. Evelyn J. Lynn has spoken out about the need for such legislation.

Certainly, a number of studies do seem to suggest that the use of cell phones and mobile devices while driving is dangerous. The Virginia Tech Transportation Institute completed a study in 2009 which found that using a cell phone while driving increases the risk of accidents and near accidents. Those who text drive are about 23 times as likely to be in a car crash or near car collision as those who drive distraction-free, according to the study. The study found that texting, specifically, was the most dangerous activity related to cellphones and mobile device use while driving. As well, according to the Florida Department of Highway Safety and Motor Vehicles, 0.2% of car accident related deaths and 1.22 % of car-accident-related injuries in Florida are caused by distracted driving. In 2009, for example, 1,532 people in Florida were injured and four were killed due to distracted driving. However, according to the Florida Department of Highway Safety and Motor Vehicles, the actual number of Florida car accidents caused by distracted driving may be quite higher, since drivers who have been in an accident rarely own up to driving distracted and, in some cases, there is no evidence to confirm that a driver was distracted.

Statistics such as these have led many Florida residents to conclude that there needs to be laws against distracted driving in order to prevent more Florida pedestrian accidents and car accidents. However, others oppose the idea of more government interference for drivers. They note that written tests for learner's permits in Florida already contain questions about distracted driving. As well, a 2010 study by the Highway Loss Data Institute found that in states with texting bans, the rates of car accidents did not actually decrease after a texting ban. In fact, in three states, the number of car collisions increased after the texting ban was put in place. Another study by the Highway Loss Data Institute found that bans which prohibit the use of handheld cell phones and mobile devices also did not reduce the number of car crashes. As well, some believe that technology is actually helping to prevent Florida car accidents, as there are hands-free texting applications, alerts for distracted drivers, and other special safety features, available for drivers.

Continue reading " What's Being Done to Stop Florida Car Accidents Caused by Distracted Driving " »

Each year, some Florida car accidents and traffic collisions occur when authorities pursue suspects in cars. While high-speed chases may routinely be added to movies to make them more exciting, in real life such chases can be dangerous. While police and other authorities are specially trained to drive quickly in order to get to emergency situations, accidents and crashes can easily take place. The suspect escaping from police may drive dangerously and even veer into others on purpose in a high-speed chase. The suspect or pursuers can easily lose control of their vehicle. In many cases, accidents occur because other motorists do not get out of the way in time.

There are a number of things that can be done to stay safe if you see a high-speed chase:

1) Immediately get out of the way. Give authorities plenty of time to do their job and stay out of the way of the suspect, who may be desperate and reckless. Pull over if you can. Even if you see someone stopped for a routine traffic violation, it is a smart idea to give the authorities an extra lane of room and to slow down. Many officers are injured by motorists who do not provide enough room.

2) Focus on your own driving. While it is natural to be curious about a chase, many secondary accidents take place when motorists focus on the chase or stop to take photos. Focus on getting safely out of the way and keep your eyes on the road. You can always learn the details later on the news.

3) Watch for pedestrians and bystanders. It's not just motorists who are curious about chases. Sometimes, pedestrians crowd onto sidewalks and even the road when there is something happening. You may find pedestrians in unusual areas – such as your lane. Slow down and stay alert to help avert a Florida pedestrian accident.

4) Watch for help and signals from police officers. If police or other authorities do need to pursue someone by car, they will sometimes direct traffic to divert cars away from danger. In some cases, roads may be closed so that officers can do their job. Stay alert to any signals or instructions from police and follow these instructions carefully.

5) Stay away from mobile devices. This is not the time to quickly call a friend to report what you have seen. It is also not the time to text or snap a few photos. Distracted driving can be deadly in this situation, simply because there are so many unexpected conditions, more pedestrians, and hazards nearby. Stay distraction-free to stay safe.

6) Write to your elected representatives with your concerns about road safety. If you have suggestions for keeping the roads safer, be sure to share them.

Continue reading " Can Florida Car Accidents Caused by Emergency Vehicle Pursuits be Prevented? " »

Florida drunk driving accidents are a tragic and very preventable type of collision – a type of collision that claims far too many lives each year. However, studies suggest that an increasing number of drivers are not only driving under the influence of alcohol, but also under the influence of drugs. According to the National Highway Traffic Safety Administration, the number of fatal car accidents involving drugs rather than alcohol increased 55% between 1999 and 2009. Each year in California, about 1000 car accidents are attributed to drivers driving under the influence of drugs.

The most common drugs used before driving included marijuana, although car accidents caused by DUI can be caused by an array of both legal and illegal drugs. According to government statistics, 16% of drivers stopped in random checks across the US were found to be impaired by illegal or legal drugs. About 50% of these drivers were driving under the influence of marijuana. According to experts, drivers in 33% of fatal car accidents are under the influence of drugs at the time of the collision. In comparison, alcohol was a factor in 32% of fatal car accidents in 2009, according to the National Highway Traffic Safety Administration.

According to the National Highway Traffic Safety Administration, one major problem with drugged drivers is that there are no clear rules and standards about drugs and impairment. While blood alcohol level can be measured accurately and while there are standards for what constitutes impaired driving with alcohol, no such standards exist with drugs. Agencies do not have standards for what amounts of drugs impair a driver.

Police officers can administer a test that examines coordination, pupil dilation, blood pressure, pulse, and other factors. This can help determine impairment. But it does not help drivers determine what drugs and in what quantities constitute impairment. Worse, some drugs – even legal or over-the-counter drugs – may react with one another, leading to impairment. Some drugs, notably marijuana, may linger in the system for days or even weeks, making it even harder to set firm standards for impairment. Thirteen states currently have zero-tolerance laws for driving drugged. However, this also causes legal headaches, as marijuana and its effects on the body are less well understood than alcohol.

Another problem is that while there has been a great deal of education about the dangers of drunk driving, there has been relatively little information about drug use and driving. Agencies such as MADD have done admirable work in educating drivers about the dangers of drinking. However, many drivers do not consider medications, over the counter medications, and other drugs when making the decision to drive.

Currently, a number of studies are underway to help authorities better understand drugs and the effects of different drugs on driving impairment. As well, a number of agencies, including the National Institute of Drug Abuse, the Office of National Drug Control Policy, and the National Highway Traffic Safety Administration, are creating educational resources to raise awareness about the issue. The hope is that researchers will eventually be able to develop a simple test – similar to the breathalyzer – to help authorities accurately analyze impairment from drugs. However, such a test may still be many years away.

Continue reading " Florida Drunk Driving Accidents are Not the Only DUI Concern " »

According to the Florida Highway Patrol, 99 bicyclists were killed in Florida in 2009. Florida bicycle accidents accounted for 3.9 % of all traffic fatalities in 2009 and that year 4,376 bicyclists sustained serious personal injuries as a result of collisions with cars. Many bicyclists in Florida have voiced concerns about bicyclist safety in Florida, especially in light of the death of assistant professor Kurt Lang Frankel, who was killed while bicycling in Florida in early July. According to experts, there are many things which can be done to help prevent Florida car accidents involving bicycles:

1) Wear helmets. All bicyclists should wear helmets each time they get on a bike to ride. Helmets have been proven by research to help prevent many Florida brain injuries. In the event of an accident, a helmet can help prevent fatal head injuries.

2) Stay alert and safe. Bicyclists can stay alert for cars and drive in bicycle lanes where such lanes are available. However, motorists also need to stay alert and avoid distracted driving in order to notice bicyclists and others sharing the road.

3) Educate motorists and the public about laws, then enforce the laws. Many bicyclists in Florida agree that drivers in the state do not seem to be aware of many laws. For example, cars should drive about three feet away from bicyclists, but many motorists do not obey these laws.

4) Create better logistics for bicyclists. More bicycle lanes, wider bicycle lanes, and more signs can help make sharing the road easier. As well, more crosswalks where bicyclists can cross can be useful for both bicyclists and pedestrians.

Continue reading " Florida Car Accidents Involving Bicyclists " »