Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Older Drivers and Florida Car Accidents

Published on: March 15, 2011 | By Flaxman Law Group

Viral videos online and media news stories sometimes give the impression that older drivers are unsafe drivers. In fact, some states have special rules for older drivers, which require them to get re-tested for their license every few years. Rules such as this as well as popular perceptions of drivers have provoked a lot of controversy.

Although driving is considered a privilege, in today’s society it is considered very important for personal freedom. Driving allows people to remain independent, to work, and to remain active in their communities. It also ensures that they are not isolated. At the same time, however, it is important to keep everyone safe by removing unsafe drivers from the road. However, experts often disagree about whether tests for older drivers are age discrimination or simple safety precautions.

Some claim that testing for older drivers just makes sense because it ensures that dementia, vision loss, and other age-related problems do not affect driving skill. These experts believe that because drivers are so dependant on driving they may not readily surrender their privileges even if they have problems which can affect their driving. They also note that other high-risk groups – such as young drivers – have additional restrictions in place to keep accident rates low.

Other experts claim that elderly drivers do not have a worse driving record than any other age group and such tests do not necessarily remove unsafe drivers from the road. They also claim that drivers who are elderly may prematurely give up driving rather than submit to testing, even if they are safe on the road. Finally, some experts claim that if other age groups do not have submit to testing, elderly drivers should not have to submit to retesting, either.

In Florida, drivers over the age of 80 must take a vision test when applying to renew their license. There are 2 million drivers in Florida over the age of 65 and there are 250 000 drivers in the state older than 85. According to the Florida Department of Motor Vehicles, in 2009, 5928 drivers between the ages of 80 and 90 were involved in Florida car accidents. There were 116 fatalities caused by these accidents. That year, Florida had 629,699 drivers 80-90 years of age.

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Groups Want DUI Laws Changed to Prevent Florida Drunk Driving Accidents

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

Under current state laws, drivers who may be responsible for fatal Floirda car accidents do not always needed to be tested for drugs and alcohol. Some groups want to see those laws changed, claiming that legislation changes can help prevent Florida drunk driving accidents.

Under current laws, police need to have a reasonable suspicion or a probable cause to believe that a driver in a fatal car accident is drunk or using drugs before administering a drug or alcohol test. In other states, drivers who cause fatal accidents are required to submit to a blood test to determine whether alcohol or drugs were a factor in the crash. Currently, this is not the case in Florida.

According to some experts, this legislative environment can mean that drunk drivers are released early, to re-offend. For example, if a driver causes a Florida truck accident and is not tested for drugs and alcohol but is driving impaired, that driver will likely receive a lighter sentence than they would have received if it was known that they were driving impaired. This means that they will be free to re-offend sooner. Without a law requiring all drivers causing car accidents to be tested, there is simply no way to know how many car accidents are truly related to impairment.

Groups and families who have lost loved ones to Florida car accidents have been working to get laws passed which would allow all surviving drivers in fatal car accidents to be tested for drugs and alcohol. There are petitions to change the law as well as media attention on the topic. However, so far there has been little push to change the law.

Groups have been pushing to change the Florida law since 2006, but they claim that some groups, including defense attorneys, have objected to the regulation change. Some defense attorneys feel that any such law would be excessively intrusive and would be unconstitutional. They also note that currently drivers have the option to take a blood test, although drivers have to pay for this test themselves and the test is completely mandatory.

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Scooters and Florida Car Accidents

Published on: February 24, 2011 | By Flaxman Law Group

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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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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