Item: Flaxman Law Group
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Author: Clara Barman

Could Slow Driving Contribute to Florida Car Accidents?

Published on: February 17, 2011 | By Flaxman Law Group

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.

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Making Florida’s Roads Safer and Preventing Car Accidents

Published on: February 1, 2011 | By Flaxman Law Group

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.

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Did Seat Belt Use Mean Fewer Florida Car Accidents in 2010?

Published on: January 25, 2011 | By Flaxman Law Group

According to the Florida Department of Highway Safety and Motor Vehicles, the number of fatal Florida car accidents in 2010 represented a thirty-year low, even though the population of the state has doubled. In 2010, Florida saw a 5% decrease in fatal car accidents, according to the Florida Department of Highway Safety and Motor Vehicles. 2009 saw 2,563 fatal Florida car accidents while 2010 had only 2,430.

Despite the good news, the Florida Department of Highway Safety and Motor Vehicles warns that car accidents are still the leading cause of death for Florida residents between the ages of 5 and 34. Despite this, experts at the Florida Department of Highway Safety and Motor Vehicles believe that a number of factors have caused lower numbers of accidents:

1) Seat belt use. According to the Florida Department of Highway Safety and Motor Vehicles, more motorists are using seat belts. This is key in preventing fatal car crashes, according to experts, since seat belts help prevent serious Florida brain injuries and spinal cord injuries in an accident, making accident victims more likely to survive accidents.

2) Stricter laws. Florida has passed many new laws over the past thirty years to help prevent Florida drunk driving accidents and other types of accidents. Penalties for DUI, for example, have increased while new laws have been implemented to help stop aggressive driving and dangerous driving.

3) Awareness programs. The Florida Department of Highway Safety and Motor Vehicles as well as local law enforcement have a number of awareness programs to raise knowledge about seat belt use, drunk driving dangers, and other important driving rules. Awareness programs are important in reminding drivers to stay safe. In many cases, law enforcement agencies combine awareness programs with enforcement programs designed to catch and remove dangerous drivers from the roads.

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Distracted Driving a Concern for Law Enforcement Trying to Halt Florida Car Accidents

Published on: November 11, 2010 | By Flaxman Law Group

Some universities in Florida and across the country are starting awareness campaigns to warn student drivers about the dangers of distracted driving in a bid to reduce the number of Florida car accidents and pedestrian accidents. Campaigns such as the “Put Down Ur Cell Fone” campaign try to raise awareness among the students about distracted driving through on-campus signage and demonstrations. The message is clear: to reduce your risk of causing a Florida pedestrian accident or car accident, put away your cell phone when getting behind the wheel of your car.

Targeting student drivers may be a smart move, since according to some studies, drivers under the age of 20 have the highest number of drivers who routinely drive distracted. According to some statistics, up to 16% of under-20 drivers drive distracted. The dangers of this type of behavior are well documented. A study by the Harvard Center for Risk Analysis found that 6% of all car collisions are related to cell phone use. Cell phone use causes 636, 000 car accidents each year, and these accidents result in 330 000 injuries and 2 600 fatalities.

Cell phones are not the only danger. According to studies conducted by the National Highway Traffic Safety Administration and the Virginia Tech Transportation Institute 65% of near-accidents and 80% of all car accidents involve a driver who was distracted by some activity within three seconds of the collision or near-miss. Distracted driving can include texting, cell phone use, talking to passengers, adjusting music, searching for an item, eating, drinking, applying makeup, and any number of other activities. Researchers are very clear: don’t attempt to multitask while you drive.

Some states have banned texting while driving, but Florida so far has not taken that step. Nevertheless, law enforcement would like to see drivers voluntarily putting their mobile devices away when driving. Any distractions take away your focus and your eyes from the road. Even if this happens for only a few seconds, that is more than enough time for a Florida car accident to take place.

Distracted drivers face penalties for reckless driving. As well, if someone causes a crash because they have chosen to drive distracted, they can be held liable for the accident and can be sued. Insurance rates for such drivers also tend to increase. It is smartest – and safest – to put your entire focus on the road while driving.

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Florida Car Accidents on Beaches Linked to Tradition

Published on: November 9, 2010 | By Flaxman Law Group

The tradition of beach driving may be costing lives. According to experts, beach driving leads to many Florida car accidents and pedestrian accidents each year. Between 2005 and 2010, 45 Florida pedestrian accidents took place on Volusia County beaches alone because someone was driving a vehicle on the beach. According to experts, beach driving leads to about 6% of Florida pedestrian accidents. This year, Volusia County Council has hired a consultant to review beach safety and beach driving to determine whether there is any way to reduce the number of beach accidents involving cars and vehicles.

A review by the News-Journal, a local newspaper, found that in many Florida car accidents and vehicle accidents on the beach, pedestrians were in fact lying down or sitting down on the beach, potentially making them less visible to drivers. In about one-third of cases, drivers were backing up when the accident occurred, suggesting that in many cases the pedestrian was simply not seen by the driver in the rear-view mirror.

As well, according to the newspaper, about half of Florida car accidents on the beach take place during March and July, the months when beaches are busiest. This may mean that simply changing the rules or laws during these two months can significantly reduce the instances of Florida pedestrian accidents on the beaches. Volusia County Council has also considered adding more car-free zones and more signage on the beach to prevent accidents.

Exerts claim that one of the problems is that the beach is a constant intersection. Most Florida car accidents occur at intersections, simply because these are the points where conflict can most easily take place. On a beach, however, the flow of people and vehicles is constant, creating almost endless points of conflict. At the same time, experts note that more people on beaches are bitten by sharks than injured in collisions with vehicles.

Some suggestions for improving beach safety also include creating completely separate areas for sunbathing and driving. This will help ensure that people who are lying down and people who are driving are simply not in the same area. Some experts have also suggested that parts of beaches should be completely closed down during times when the beaches are busy to allow for better supervision. However, for families who have lost children or loved ones to beach pedestrian accidents want cars banned entirely from beaches, saying it is too unsafe for pedestrians and vehicles to share the same space.

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Are Florida Car Accident Rates Slowly Dropping?

Published on: September 24, 2010 | By Flaxman Law Group

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.

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Are We Becoming More Successful in Preventing Florida Car Accidents?

Published on: September 10, 2010 | By Flaxman Law Group

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.

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Florida Car Accidents Can Be Caused by Beach Driving

Published on: September 7, 2010 | By Flaxman Law Group

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.

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Not All Florida Car Accidents are Accidents

Published on: September 2, 2010 | By Flaxman Law Group

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.

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Florida Car Accident Statistics for Miami Dade County

Published on: August 31, 2010 | By Flaxman Law Group

Miami Dade County is one of the busiest counties in Florida, home to major cities such as Miami, Coral Gables, Homestead, Miami Beach, Hialeah, Key Biscayne, North Miami, South Miami, Pinecrest, and others. Over the years, new rules and increasing efforts by the Florida Highway Patrol and other agencies have resulted in fewer accidents in the county.

In 2000, Miami Dade County saw 51, 132 car accidents. By 2001, the car accident rate increased to 54, 519 before starting to decline. In 2002 and 2003, respectively, the area saw 49, 922 and 45, 731 Florida car accidents. In 2005, however, there were 48,537 car accidents in Miami Dade County.

According to the Florida Highway Patrol, Miami Dade County in 2005 (the last year for which statistics are available) saw:

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