Articles Posted in Car Accidents

Twelve people were killed in traffic accidents in Lee County during the first month of 2013. That’s a number that’s about double our monthly average, according to The News-Press.

The deaths included two motorcyclists, a bicyclist, five motorists and four pedestrians. These 12 people were killed in just the 31 days of January, according to the most recent information from the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

Our Fort Myers personal injury attorneys understand that Lee County saw about the same number of traffic fatalities in the month of January as Hillsborough County.
Hillsborough County has about twice as many people. We also know that Collier County saw four traffic fatalities throughout the month. In the state, Palm Beach and Broward counties recorded the most traffic fatalities — with 14 each.

We’ve talked before about the risks that come with snowbirds and the tourist season. Our roadways are jam packed with out-of-town drivers. With such a significant increase in traffic out there, there’s no doubting that we face increases in the risks of accidents. Ultimately, it’s up to drivers to be alert and cautious behind the wheel to help to reduce these risks.

The president of “Stay Alive…Just Drive”, Jay Anderson, says that it’s troubling to start off a New Year with so many deaths.

January 2013 reported 12 traffic fatalities –8 deaths were reported in January of 2012. Last year, we saw just more than five traffic fatalities each month, totaling about 65 for the entire year. In 2011, there were about 80 reported in Lee County.

BikeWalkLee’s Dan Moser says that drivers better turn the attention inward and truly take a look at their own driving habits. He points to speeding and aggressive driving as two of the main culprits for these accidents.

“We have become a society of drivers who drive however we want,” said Moser. “It’s a lot of bad decisions made by a lot of people.”

Only one of the drivers involved in the four fatal pedestrian accidents was cited by police officers. The 80-year-old driver was cited for failing to yield to a pedestrian in a crosswalk. Allegedly, the three other accidents were the result of the involved pedestrians walking out in front of traffic.

Regardless of how you choose to travel, it’s important that you do so safely. You need to adjust your driving/walking/biking skills to accommodate the seasonal traffic around us. Stay cool out there and stay one step ahead of the traffic around you to help to prevent a potentially fatal accident.
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About 90 percent of Americans think that distracted driving is a more serious problem today than it was just three years ago. According to a news release from the AAA Foundation for Traffic Safety, it’s not just cell-phone use that’s endangering our roadways, it’s the fact that these drivers are actually more likely to display other dangerous behaviors.

AAA conducted a study with these dangerous drivers and discovered some alarming statistics. Of the drivers who use cell phones behind the wheel, about 70 percent say they oftent speed, more than 40 percent say they drive while drowsy, about 55 percent say they text and email in the driver’s seat and close to 30 percent say that they rarely wear a seat belt.

Our Cape Coral accident attorneys know most drivers understand that distracted driving is dangerous. What’s alarming is that these same drivers choose to participate in other forms of dangerous driving behavior as well. The truth of the matter is that there are more cell phone subscriptions out there than there are citizens. We all need to step up and take a stand against their use at the wheel.

“Drivers of all ages contribute to this problem. However, this issue tends to be more prevalent among young drivers, as electronic devices…are proven to be the most common form of distraction for teens,” said Gorman, with AAA.

As a matter of fact, AAA studies report that more than 60 percent of 16- and 17-year-old drivers have mobile phones and they also admit that they use them behind the wheel.

Young Drivers — 16- to 24-Years-Old:

-More than 60 percent say that they’ve read an email or a text message in the driver’s seat at least once in the last 30 days.

-Close to 30 percent say they’ve checked Facebook, Twitter or other social media in the driver’s seat at least once in the last 30 days.

Distracted driving continues to be a focus of federal safety officials. And officials with AAA continue to support a ban on text messaging for drivers. Yet some states aren’t following behind. The state of Florida is actually one of the only states left that has yet to enact any kind of distracted-driving law.

Even though there are no laws on the book that say drivers cannot use a cell phone or other electronic devices while driving, we’re asking all drivers to act in good faith and keep their attention on safety. Remember, cell phones, whether phone calls or text messaging, significantly increase your risks for a potentially fatal car accident.
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A recent accident on Alligator Alley took the life of a 33-year-old minister and her 3-year-old daughter. According to Florida Baptist Witness, another child in the vehicle, a 4-year-old passenger, was taken to a Tampa hospital and listed in critical condition. Reports indicate that their car crashed through a barrier on the Alley.

Reportedly was heading west on Interstate 75 around mile marker 88 when the crash occurred. Both child passengers were buckled into their car seats. Shortly after 8:00 a.m., the minister’s vehicle hit another car and veered off of the road. It drove through barricade cables and flipped over — landing in a canal.

Our Naples car accident lawyers understand that it took emergency responders a half an hour before they could smash the windows of the vehicle and get the kids out. Neither of them were breathing on their the mother was transported to Physicians Regional Hospital where the mother was later pronounced dead. One of the daughters was later pronounced dead at NCH in North Collier.

The truth of the matter is that are a lot of factors that can play into a car accident. Consulting an attorney in the immediate aftermath of a serious or fatal accent can provide invaluable assistance when it comes to identifying the cause of your accident and determining the parties responsible.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were more than 235,000 traffic accidents reported in the state of Florida. In these accidents, there were more than 338,000 drivers involved.

When you break it down, that means that there were more than 640 (average) accidents each and every day. Alligator Alley is one of the nation’s most isolated stretches of road and can be particularly dangerous because it often takes 30 to 40 minutes for rescue personnel to arrive on scene.

Each year in Florida, there were more than 195,000 injuries reported and more than 2,440 people killed in traffic collisions.

There were a lot of factors that led to these accidents. Many of them are obvious, like drunk driving, inexperienced driving, distracted driving, drowsy driving and even weather conditions. But others are not as obvious, like road defects, structural and design flaws and even vehicle defects. And many of these factors can help to determine fault in an accident and can help to get the victim the compensation that they deserve.

That’s why it’s important to recruit the help of an experienced attorney. They can help you to find the details you’re likely to overlook. An attorney can examine all aspects of your accident and can help determine the best course of action.
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There are 15 basic traffic safety laws that transportation officials have recommended be adopted by all states. Unfortunately, too few states are adopting these recommendations, despite a new federal transportation law and a number of grant incentives.

According to Edmunds.com, a recent report card from the Advocates for Highway and Auto Safety shows which states need to step up their efforts.

Florida didn’t do so well in the recent report card. Our Fort Myers car accident attorneys understand that the worst state may have been South Dakota — but Florida didn’t fall too far behind. This may be one of the main resasons why we saw close to 3,500 traffic accident fatalities in 2011. Over the last 10 years we’ve seen more than 30,000 traffic accident fatalities in our state.

“Several states have been moving backwards and most states are not moving at all to enact lifesaving laws,” said Jacqueline Gillan, president of Advocates for Highway and Auto Safety.

One of the most concerning facts regarding the latest traffic accident fatalities is that during the first 9 months of 2012, the U.S. saw an increase of more than 7 percent in the number of traffic deaths.

Annually, these accidents cost the country close to $250 billion.

Laws that Could Benefit the Safety of Florida Motorists:

-The government is pushing for all motorcyclists be to wear a helmet. Currently, a rider who is over the age of 21 is allowed to operate or ride upon a motorcycle without wearing a helmet if such a person is covered by an insurance policy providing at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating a motorcycle.

-Booster seats should be required of all motorists under the age of 7.

-The state’s Graduated Driver’s Licensing (GDL) program should have a minimum age requirement of 16-years-old for a learner’s permit.

-Our GDL program should have stricter nighttime restrictions as these young drivers are more likely to get into an accident during the evening hours. Currently, drivers with an Operator’s License, who are 16-years-old, may only drive between the hours of 6:00 a.m. and 11:00 p.m., with two exceptions. If the driver is going to and from work, or has a licensed driver who at least 21-years-old in the front passenger seat, he or she may driver outside the restricted times. Drivers that have an Operator’s License, who are 17-years-old, are restricted from driving between 1:00 a.m. and 5:00 a.m., with the two exceptions listed above.

-Our GDL program should have stricter passenger restrictions as these young drivers are more likely to get into an accident when more passengers are present in the vehicle.

-Lawmakers should enact an Ignition Interlock Law for all drunk driving offenses.

-Enact laws to keep drivers in the GDL program off of their cell phones. These drivers rely on their electronic devices more than any other age group of driver. We need to keep their hands on the wheel and their attention on the road.

-All drivers should be banned from text messaging behind the wheel.
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Too many people are being killed in roadside accidents. Many of these victims are law enforcement officers or work on road crews, where the focus is on making our commute safer and easier. According to the Florida Department of Highway Safety and Motor Vehicles, there have been more than 150 law enforcement officials killed in the U.S. while working on the side of the road and on the clock.

Throughout the entire month of January, officials across the state of Florida will be pushing our “Move Over Law.” They’ll be working to raise awareness of this lifesaving law and busting drivers who don’t comply. Our Fort Myers car accident attorneys are asking drivers to move over or slow down when approaching safety personnel stopped at the side of the road. The “Move Over Law” was enacted not only to help to protect roadside workers, tow truck employees and law enforcement officers, but it was enacted to help to keep drivers safe, too.

“Our troopers are out on the roadways every day working to reduce traffic crashes and fatalities. Motorists need to understand the Move Over law and abide by the law for everyone’s safety,” said Col. David Brierton, Florida Highway Patrol (FHP) Director.

Move Over Law:

-You are required to move over at least one lane of traffic when driving up to an authorized emergency vehicle that is stopped on the side of the road.

-When you’re on a two-lane road and you can’t move over, you’re required to slow down and to drive at least 20 mph under the posted speed limit.

-When the speed limit is 20 mph on the roadway you’re traveling on, you’re required to slow down to 5 mph.

-Violating the “Move Over Law” puts both yourself, the public and the roadside worker at risk.

-If you’re busted breaking this law, you can wind up with a fine, points on your driver’s license and even in a potentially fatal accident.

According to MoveOverAmerica.com, more than 70 percent of Americans don’t even know what the “Move Over Law” is. Of those who do know what it is, close to 90 percent of them support the laws in all 50 states.

Right now, there are 43 states that have this law in effect. Florida is one of these states.

In just 2010, there were close to 15 officers who were killed in these kinds of accidents. That’s 4 more unnecessary fatalities than the year before. One top cause for drivers striking these roadside workers was driver inattention. According to studies, drivers just aren’t paying attention behind the wheel and aren’t reacting, or not reacting in enough time, to steer clear of these vulnerable individuals.

We’re asking all drivers to remain alert behind the wheel. When approaching any kind of vehicle or person on the side of the road, approach with care. Slow it down and remain cautious. It’s a move that could wind up saving lives.
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Close to 5 percent of drivers admit to falling asleep behind the wheel!

According to a The New York Times, drivers who sleep less than six hours every night, those who snore and those who may have a sleep disorder are most likely to nod off behind the wheel.

Officials are saying that the actual number of drivers who have fallen asleep behind the wheel is much, much higher than reported by the recent study from the Centers for Disease Control and Prevention (CDC). Drivers may not have realized that they fell asleep at the time or they may not even remember it. In other cases, the issue is underreported by law enforcement.

Our Cape Coral car accident lawyers understand that drowsy driving is a big, big problem on our roadways. As a matter of fact, there were close to 750 fatal accidents in 2009 in which a drowsy driver was involved. Officials say that there were another 30,000 reported in which fatigue played a role. Still, the true number may never be known as drivers aren’t likely to admit their sleepiness behind the wheel. The truth of the matter is that these kinds of accidents have been proven to be more deadly and to cause more injuries than other accidents. This is mostly because drivers aren’t awake to hit the brakes or react in any way to the accident.

Anne G. Wheaton, epidemiologist with the CDC, says that the study looked at more than 145,000 adults and asked them various questions about their daily activities. It asked about work, sleep and driving habits. In this information, researchers discovered that men were more likely to jump behind the wheel feeling drowsy than women and this kind of driving behavior decreased as a driver’s age increased. According to the study, about 5 percent of drivers 15 to 44 say that they have fallen asleep behind the wheel, while less than 2 percent of drivers over the age of 64 admitted to the dangerous behavior.

This study was recently released in the Morbidity and Mortality Weekly Report.

Snoring and Drowsy Driving:

Researchers found that snoring had significant influence on drowsy driving. This may not apply to all drivers, but in many cases snoring is a sign of obstructive sleep apnea which ultimately causes brief pauses in breathing. Those with this condition typically sleep poorly and complain more of being tired during the day.

“One of the warning signs is when you have trouble remembering the last few miles that you’ve driven, or when you miss an exit. It could be because you actually fell asleep for a second,” said Dr. Wheaton.

According to a number of studies, driving while drowsy gives a driver the same reaction abilities as someone who is legally drunk.

Safe driving advocates warn drivers not to rely on caffeine or any other short fixes for drowsy driving. When you start to feel tired behind the wheel, your best bet is to pull over, rest and get back on the road when you’re well awake.
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Last year, officials with the Florida Highway Patrol (FHP) responded to close to 2,000 car crashes. According to The News-Press, dozens of those were fatal. Overall, the number of traffic accidents was down about 20 percent from the previous year. But these are only the numbers from the Highway Patrol. Local officers did their fair share of accident reporting as well.

In Collier County, troopers responded to close to 800 car accidents. That’s nearly 10 percent fewer than the year before. Of these accidents, close to 30 of them were fatal. In 2011, there were 32 fatal accidents recorded in the county. Fort Myers police officers responded to close to 4,000 accidents in 2012 as well. That’s more accidents responded to in one city than FHP officials responded to throughout the entire state!

Our Naples car accident attorneys understand that these crashes are most often caused by driver error. Although the total numbers may be declining, when digging deeper you can see that many are at increased risk. As we recently reported on our Florida Injury Lawyer Blog, the number of bicyclist, pedestrian and motorcyclist fatalities is actually on the rise. These facts don’t seem to be making the headlines though, unfortunately.

To help to improve roadway safety, officials with the Fort Myers police department wrote close to 30 percent more traffic citations in 2012 in comparison to 2011. There were close to 24,500 citations written within the city in 2012. However, this increase only helped to drop accident reports by about 3 percent.

“How many more tickets do I have to write to create compliance?” said Doug Baker, Police Chief. Baker says he’s going to take it a step farther and create a public service announcement to push safe driving habits.

Officials with the FHP say that they’re going to do their part by focusing on drivers who engage in driving behaviors that contribute to accidents — like aggressive driving and speeding.

Each month, there’s a community group that meets to brainstorm ways to help to solve our traffic and accident problems. During these meetings, safety engineers, law enforcement officials and advocates meet and talk about redesigned sidewalks, increased signage and other preventative measures.

To help everyone to stay safe out there, law enforcement officials throughout the area are asking drivers to pay attention behind the wheel. According to Lt. Gregory Buenom, “the main and only focus of the driver should be driving.”

With the New Year, we’re asking drivers to up their safety measures. We’re asking everyone behind the wheel to pay attention to the road and to their surroundings. Alert and defensive driving habits are some of your most effective ways to help to prevent a traffic accident. Be aware of your surroundings out there and help to ensure a safe 2013!
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Think you can handle texting behind the wheel? Consider this: You’re heading down Interstate 75 and you’re traveling the speed limit, at 70 miles per hour. You get a text message. No problem. Just a quick response will do. The average text message takes a driver’s eyes off of the road for 4 seconds. When you’re traveling at 70 miles an hour, you can travel the entire length of a football field without ever looking at the road — each time you look at your phone.

In the state of Florida, you’re allowed by law to use a hand-held device while driving. Florida is one of only six states in the U.S. that has yet to ban drivers from text messaging behind the wheel. But that is going to change if state Senator Maria Sachs gets her way. She recently announced her support for a bill in the upcoming session that would make all use of hand-held devices illegal while driving. The law would establish fines for text-messaging drivers, according to the Sun Sentinel.

Similar proposals have failed to make it through the lawmaking session for at least the last 5 consecutive years.

Our Cape Coral car accident lawyers understand that cell phone-use by drivers is the cause of over 100,000 crashes every year. According to national statistics, distracted driving car accidents took the lives of more than 3,300 people in 2011. Although drivers are legally free to talk on cell phones and text message in the state of Florida, we’re asking everyone to do the responsible thing and keep their eyes on the road and their focus on safety!

“It’s relevant, it’s important, and as sure as we’re standing here it’s going to save lives,” the sheriff said. “Like alcohol and driving, texting and driving doesn’t mix,” said Broward Sheriff Scott Israel.

The Democrat from Delray Beach recently made her announcement during a demonstration about the effects of distracted driving at Broward College’s Institute of Public Safety. She was joined and supported by Sheriff Israel.

Here’s how the bill would work: If a driver is busted by an officer text messaging behind the wheel, they would be pulled over and issued a citation. This would come with a fine of $100 for a first-time offense. Each offense after that would be more expensive. There would be no points on your license for this violation.

Everyone’s got a phone nowadays. Many even have two phones. It’s gotten so bad that there are more cell phone subscriptions in our country than there are U.S. residents.

Still, you’re 23 times more likely to get into an accident if you’re texting behind the wheel. So in the name of roadway safety, we’re asking drivers to acknowledge the difference between right and wrong and we’re asking you to focus your full attention on the road. There should never be a text message worth the risk of taking someone’s life. If it’s that important, pull over and deal with the text message. Don’t endanger yourself or other travelers needlessly.
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America’s most popular car isn’t doing so well in the latest crash safety tests.

The tests were conducted by the Insurance Institute for Highway Safety (IIHS) and discovered that Toyota Camry didn’t perform well in certain frontal crash tests. There were 18 models of vehicles, including the Ford Fusion, the Honda Accord and the Toyota Camry, that were all put through this front-crash test. Vehicles traveled at 40 miles per hour upon impact when they slammed into an object with a small part on their front bumper. Only 11 of the tested vehicles got top marks, according to CNN Money. The Toyota Camry and the Prius did the worst — both receiving “poor” ratings. The cars were smashed after the collision and research shows that vehicle occupants wouldn’t have done so well in the accident.

“Toyota engineers have a lot of work to do to match the performance of their competitors,” said Adrian Lund, IIHS President.

Our Fort Myers car accident lawyers are asking drivers to do their research when choosing a new car. If you’re looking to purchase a new car with the New Year, you’re urged to check out safety ratings on SafeCar.gov. The National Highway Traffic Safety Administration (NHTSA) has set the standard for safety, helping consumers to find safer cars with its 5-Star Safety Ratings for over 30 years. Buying a safer car is a lot easier with the Overall Rating that makes comparing vehicles simpler. When considering which vehicle fits the needs of your family, make sure it meets the safety ratings you need, too!

In the latest crash safety testing from the IIHS, the Suzuki Kizashi and the Honda Accord received “good” ratings. The Accord oftentimes ranks second to the Camry — but not this year. Suzuki might not be an option for you though, as it recently announced that because of poor sales it will be putting out of the American auto market.

Most of the 18 vehicles that were tested merely received “acceptable” ratings. These vehicles include the Volkswagen Passat, the Mazda6, the Chrysler 200, the Dodge Avenger, the Subaru Outback and Legacy, the Nissan Maxima and the Altima and the Kia Optima. The Volkswagen Jetta, the Chevrolet Malibu and the Hyundai Sonata all got “marginal” ratings, which is the second-worst possible rating.

How do the safety ratings work?

-5 Stars: Ten percent or less of serious injury in the event of an accident.

-4 Stars: Eleven percent to a 20 percent chance of serious injury in the event of a collision.

-3 Stars: Twenty-one percent to 35 percent chance of serious injury in an accident.

-2 Stars: Thirty-six percent to 45 percent chance of serious injury in the event of an accident.

-1 Star: About a 50 percent chance of serious injury in a collision.

These tests check out the effectiveness of airbags, Electronic Stability Control (ESC), seat belts, reminder systems, on-off switches and more. You want to make sure that you and your passengers are equipped with the safest car available. Do your research before choosing that new car and help to keep everyone in your family safe.
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Unemployment is on the decline, the economy is on the mend and gas prices are more affordable. For these reasons, more Americans will be traveling over the holiday period. It very well could be one of the busiest holiday travel periods ever!

According to the Sun Sentinel, there are going to be close to 5 million Floridians who will be traveling at least 50 miles from their home during the holidays. According to AAA, about 4.3 million of those travelers will be doing so by motor vehicle.

The holiday travel period runs from December 22nd through January 1st.

Our Fort Myers personal injury attorneys understand that more traffic on our roadways means more risks for accidents. Snowbirds are heading down for the winter, visitors are coming in for their holiday vacations and residents are hitting the road to visit with friends and family. Nationwide, close to 94 million Americans are expected to travel. That’s a near 2 percent increase from the year before. And many of those travelers will be venturing to the Sunshine State.

“The year-end holiday season remains the least volatile of all travel holidays as Americans will not let economic conditions or high gas prices dictate if they go home for the holidays or kick off the New Year with a vacation,” said Brent Hubele, Vice President for AAA.

Traveling over the holiday period can be stressful and dangerous. That’s why we’re here to offer you some Safe Driving Tips for the Holidays:

-Before setting off on your trip, check out your vehicle. Make sure it’s tuned and in good shape to go. Check the tires to make sure they’re not too worn, make sure your fluids are fresh and full and make sure your windshield wipers are working properly.

-Make sure that everyone in your vehicle is properly buckled in during every car ride. Seat belts are one of the best ways to help to prevent injury and death in the event of a collision.

-Travel with some flexibility. Make sure you leave early and factor in time for traffic and for rest stops. Check the weather, traffic and road conditions before departing.

-Stay awake at the wheel. The night before your trip, make sure you get plenty of sleep. You don’t want to be drowsy behind the wheel. During your trip, make sure you stop for a break every 2 hours or at least once every 100 miles.

-Watch your speed. The faster you’re going, the higher your risks are for an accident — and for a traffic citation. Travel at a safe speed and keep a safe distance between you and the cars around you. Let aggressive drivers pass.

-If there’s going to be drinking, there shouldn’t be any driving!

-Stay focused behind the wheel. Don’t let distractions take your attention off of the roadway. Distractions increase your risks for accidents significantly!

Happy Holidays and be safe out there!
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