Articles Posted in Car Accidents

There are no laws on the books that regulate driver distractions in Florida, according to the Governors Highway Safety Association. As we recently reported on our Florida Injury Lawyer Blog, officials with the National Transportation Safety Board (NTSB) are pushing for a nationwide ban on the use of portable electronic devices for drivers everywhere. This ban would include all forms of electronic communication.

Although there were more than 3,000 people killed in distraction-related car accidents in Naples and elsewhere throughout 2010, not all states agree with the idea of an overall ban. Distraction-related laws started hitting the books back in 2000. Since then, no state has enacted a full ban for all drivers, according to CNN. According to the executive director of the Governors Highway Safety Association, Barbara Harsha, these laws are difficult to enact because oppositions strongly voice their opinions of government intrusion, saying these laws hinder people’s personal freedoms.

Our Naples car accident attorneys understand many states have banned only hand-held cell phone use in an attempt to make roadways safer. The problem with that is that recent studies from the National Safety Council (NSC) have determined that just banning hand-held devices isn’t going to solve the problem considering that hands-free devices are just as dangerous and distracting to drivers. It seems that the battle of driver safety will be continuous and until drivers make safety a top priority and willingly curb the dangerous habits, we can continue to expect unnecessary, careless deaths on roadways across the nation.

“It’s going to take a long time for legislatures to pass laws, and a long time for states to begin to enforce the laws, and then a long time for behavior to start to change,” said Harsha.

According to David Adkins with The Council of State Governments, lawmakers feel that trade groups and constituents think total bans like this are excessive and states won’t go for a total ban. He compared a potential ban to an 18th Amendment of today — a prohibition that wouldn’t work.

According to the NSC, distractions have become such a big problem on our roadways that they’ve joined the list for the top contributors to fatal accidents, alongside speeding and alcohol.

“Distracted driving” was listed as Webster’s Dictionary as Word of the Year in 2009. During the year:

-There were over 200 state bills introduced in an attempt to curb cell phone use — talking and texting — for drivers. Laws that made it through were considered front-page news!

-The U.S. Department of Transportation (USDOT) launched the Distracted Driving Summit, in which the Secretary of Transportation, Ray LaHood, called the most important meeting in the department’s history.

-President Obama issued an Executive Order banning federal employees from texting behind the wheel.

-Public polls illustrated that a majority of American drivers support such anti-distraction laws.

Recent studies illustrate that drivers can’t “multi-task” as well as they think. The truth of the matter is that no one can evenly focus on two activities as well as if they were focusing on one. While many people have proposed hands-free cell phone use as a solution to the driver distraction problem, it has been proven that these devices are just as dangerous. When focusing on another activity, drivers see less of the road and they react slower, all contributing to higher risks for an accident.
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We oftentimes hear that car accidents in Fort Myers and elsewhere are the number one cause of death for teenagers. But did you know that these incidents are the number one cause of death for people ages 3- to 34-years-old, according to the National Highway Traffic Safety Administration (NHTSA)?

The NHTSA broke down the numbers of fatalities and the causes for these deaths in 2006 and determined that car accidents take the lives of more people ages 3- to 34-years-old than any other cause of death. Because of all the young lives that are lost in these incidents, car accidents were ranked third in the overall terms of years of life lost. This refers to the approximate number of years that a person may have had left to live when he or she was killed, based on expected life spans. Car accidents are behind only heart diseases and cancer.

Our Fort Myers car accident lawyers understand the dangers that motorists of all ages face at the wheel. Poor driving habits contribute to thousands and thousands of deaths every year. In 2010, there were roughly 33,000 people killed because of traffic crashes.

Top Causes of Death in the U.S. in 2006:

-Children under 1-year-old: Perinatal Period.

-Toddlers ages 1- to 3-years-old: Congenital Anomalies.

-Individuals ages 3- to 34-years-old: Motor-Vehicle Crashes.

-Individuals 35- to 64-years-old: Malignant Neoplasms.

-Individuals over the age of 65: Heart Disease
To help reduce your risks of a car accident, there are a few safety tips that you can follow. Many car accidents can be avoided with a little planning and some extra alertness at the wheel.

Safe holiday driving tips from NBC2:

-Check your vehicle out. Make sure your turn signals are working. Your best bet is to have a certified mechanic do it for you. In addition to checking your bulbs, you should make sure that you tires are properly inflated, your brakes are working properly and that all of your fluids are full. Go get a tune up before heading out!

-Get plenty of sleep. It’s no secret that our attention span isn’t what it used to be. When taking long road trips, stop for plenty of breaks and switch drivers if necessary.

-Can the distractions. “Make a rule that nothing requiring a battery charge reside in the front of the car,” says Gordon. Use your road trip as a chance to spend quality time with friends and family members in the car. Enjoy the journey. Take in the scenery.

-Be courteous of other motorists. Keep your emotions and feelings in check. Never tailgate and abide by the speed limit. Merge with extreme caution and stay in the right lane unless you’re passing another vehicle. Bottom line, you should show goodwill toward all.
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Just a few weeks ago, Mothers Against Drunk Driving (MADD) announced its excitement about the decrease in drunk driving car accidents in Fort Myers and elsewhere. The victory may have been a tiny one, but any success within this fight is notable. In the recently released statistics from the National Highway Traffic Safety Administration (NHTSA), it was concluded that the number of drunk driving accident fatalities decreased by about 5 percent from 2009 to 2010.

“One life impacted by this terrible crime is one life too many, as there are still more than 10,000 drunk driving fatalities and hundreds of thousands of injuries every year,” said Jan Withers, president of MADD.

Law enforcement agencies from across the state of Florida aren’t ready to call it a win and aren’t taking this news lightly, as we recently reported on our Florida Injury Lawyer Blog. Despite the recent announcement of a decrease in the number of alcohol-related accident fatalities, the Lee County Sheriff’s Office and hundreds of other offices will still be exercising heightened enforcement to track down drunk drivers through the holiday. The Lee County Sheriff’s Office continues to pursue its “4D Prevention Month” through the holiday season.

As we discussed, the 4D campaign is targeting distracted, drugged and drunk drivers throughout the holiday season to make our roadways a little safer for everyone.

According to the U.S. National Institute on Alcohol Abuse and Alcoholism (NIAAA), roughly 40 percent of all traffic accident fatalities that happen during the Christmas and New Year’s holidays are alcohol-related. This is a 12 percent increase over the rest of the month of December.

The Fort Myers Police Department offers you these holiday safety tips to help prepare everyone for the busy holiday travel season:

-Go out with a plan. If you’re planning on drinking, you should plan on designating a sober driver, too. It’s important to keep an eye on your loved ones as well to make sure that they don’t get behind the wheel after drinking alcohol. Please celebrate responsibly!

-If you see a friend of a family member drinking, consider taking their keys away from them. Your intervention could help to save lives.

-If you’re hosting a party, make sure there are non-alcohol beverages available for designated drivers and non-drinkers to enjoy. Make sure that all of your drinking guests leave with a licensed driver who is sober, too!

-If you think you’ve spotted someone on our roadways who might be impaired, call the police and report the make, model and color of the vehicle including the location and direction it’s heading and a description of the driver if possible. Don’t try to stop the car yourself. Let authorities take it from there. Your call can save a life!
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Since state lawmakers are dragging their feet when it comes to enacting laws to regulate driver distractions in Florida, federal officials are stepping to the plate to help get these types of laws enacted. Earlier this year, the U.S. Department of Transportation revealed its decision to call for a final rule to ban commercial drivers of trucks and bus drivers from using hand-held cell phones while operating these large vehicles. Before this, these drivers were only outlawed from using text messaging devices while driving. As we recently reported on our Florida Injury Lawyer Blog, officials with the National Transportation Safety Board (NTSB) are now making a recommendation for all drivers to be prohibited from using any type of portable electronic device while behind the wheel to help to reduce the risks of distraction-related car accidents in Fort Myers and elsewhere.

“Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake,” said Federal Motor Carrier Safety Administration (FMCSA) Administrator Anne S. Ferro.

Our Fort Myers car accident lawyers understand that as we round out the remainder of 2011, our risks for car accidents in Southwest Florida will increase significantly. Although Florida is one of only a few states in the U.S. that has failed to enact a law to regulate these distractions for drivers, everyone is urged to willingly curb these distractions while driving along our busy roadways through the holiday season. Behind the wheel, our attention is meant to be placed on the roadway and not on unnecessary electronic devices or other types of distractions.

The Florida Highway Patrol offers these safety tips to help to curb distractions:

-Always keep driving as your number one priority. If your phone rings when you’re driving, just let it ring. If someone needs to talk to you or tell you something, they’re sure to leave a message. You can always call them back once you’ve stopped your vehicle in a safe place.

-Always keep your eyes on the road and your hands on the wheel. Dial a phone number when you’re stopped at a stop sign or at a red light. If you’ve got to answer a phone, do it in a way that you don’t have to reach far for your phone or search for it in your car.

-Always be ready. If you know you’re expecting a call, either call the person before you start driving to tell them you’ll call back later or keep your phone in an easily accessible place in your car.

-Keep the conversation light. Try not to engage in lengthy conversations at the wheel. Lengthy, in-depth conversations can take your attention off of the roadways. Keep driving as a primary task.

-Always use your common sense. You know when it’s safe to talk on a phone and when it’s not. If it can’t wait, you’re best to make it wait. No phone call or text message is worth someone’s life.
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Earlier this week, the National Transportation Safety Board (NTSB) proposed a new measure that would have all states make it illegal to use a cell phone behind the wheel, according to The News-Press. This proposal came after a meeting where officials discussed an accident that happened in Gray Summit, Missouri, in 2010 in which a cell phone-using driver made calls and text messages just seconds before allegedly causing an accident that killed two and injured nearly 40 others.

Currently, there are no laws in the state of Florida that regulate the use of a cell phone or text message devices for drivers, according to the Governors Highway Safety Association. In 2010, there were roughly 3,100 people who died in distraction-related car accidents, including car accidents in Fort Myers and elsewhere. Officials believe that number could be much higher because of all of the unreported incidents.

Our Fort Myers car accident lawyers understand that bills were already filed by a House Democrat and a Senate Republican to make it illegal for drivers under the age of 18 to talk on a cell phone while driving. A third bill from Republicans in both chambers is aiming to make texting behind the wheel illegal for all drivers. Florida is one of the only states left that has yet to enact such laws to regulate these behaviors for drivers.

In other states, drivers are allowed to talk on the phone but are not allowed to text while driving. Enforcement of these laws is oftentimes difficult because an officer is unable to tell if a driver was making a call (which isn’t always illegal) or text messaging (which is illegal in 35 states). A nationwide ban on these activities would make enforcement much easier and would help to make our roadways safer.

“According to the National Safety Council, drivers using cell phones look but fail to see up to 50 percent of the information in their driving environment,” said the NTSB.

The NTSB recommends that all states and the District of Columbia enact the following:

-Make it illegal for drivers to use portable electronic devices, except during emergencies.

-Replicate the National Highway Traffic Safety Administration’s (NHTSA) high visibility enforcement model to enforce these laws.

-Create campaigns to help to inform residents of the new laws and of the increased enforcement efforts to support these laws. Included in these campaigns should also be information regarding the risks, dangers and consequences that are accompanied by the use of portable electronic devices behind the wheel.

“Needless lives are lost on our highways, and for what? Convenience? Death isn’t convenient,” said NTSB Chairwoman Deborah Hersman. “So we can stay more connected? A fatal accident severs that connection.”

The NTSB isn’t the only one pushing for these new laws either. The National Safety Council (NSC) recently commended the NTSB for its efforts to make roadways nationwide safer for everyone.

“This recommendation by NTSB is a national call to action to end distracted driving due to cell phone use. This is a growing public safety threat that needs to be addressed by legislators, employers and every person who operates a motor vehicle on our nation’s roadways,” said Janet Froetscher, of the NSC.

The NSC predicts that nearly 1.5 million crashes, or nearly 25 percent of all accidents, involve a driver who is distracted by a cell phone.
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The National Highway Traffic Safety Administration (NHTSA) has previously proposed to require rear-view cameras on all vehicles to help prevent back-over car accidents in Fort Myers and elsewhere. With Christmas and New Year’s right around the corner, it’s a popular time for friends and family to gather for holiday celebrations. With the beautiful Florida weather, children will get to play outside during many of these celebrations. With this comes the fear of back-over accidents injuring and killing small children. Unfortunately, this is a common occurrence in parking lots and in residential roadways.

“There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle,” said U.S. Department of Transportation Secretary Ray LaHood.

Our Fort Myers car accident attorneys understand that back-over accidents commonly occur at low speeds and typically happen as a driver backs out of a driveway or out of a parking space. Pickup trucks and sport utility vehicles are more likely to cause one of these accidents because of their size and their large blind spots, but all vehicles are capable of this devastating accident. All motorists are encouraged to look completely around their vehicle before getting in and reversing to help prevent one of these accidents.

The NHTSA is looking to make back-up cameras standard on all vehicles by 2013. These cameras would be automatic and would turn on whenever a vehicle is in reverse. While the new technology will help to reduce the frequency of these accidents, driver awareness is still the number one preventative. You’re urged to always make sure of where your children are and to make sure there’s no one behind your vehicle before starting your car and backing up.

Pedestrians of all ages, but especially the elderly and children, are at a risk of being a victim of one of these types of accidents.

According to the NHTSA, there are nearly 300 people killed and another 18,000 injured every year because of back-over accidents in the U.S. Of those killed in these accidents, more than 220 involved a vehicle that weighed less than 10,000 pounds. More than 40 percent of these fatalities involved children under five, which illustrates a high percentage of victims among any age group. Nearly 35 percent of the fatalities were experienced by pedestrians over the age of 69.

Here are some safety tips from the NHTSA:

-Teach young ones to never play in or around vehicles.

-Always keep a close eye on young ones when they’re near vehicles.

-Always walk completely around your vehicle before reversing.

-Teach children to move away from vehicles whenever a driver gets in a car or when a vehicle starts.

-Have your children stand away from driveways and on a sidewalk so you can see them as you back out.

-Back up slowly so that children can react in case they dash behind your car unexpectedly.

-Take extra care when reversing in a large vehicle. Roll down your windows while reversing so you can hear what’s going on as your back up.

-Teach children to keep bikes and toys out of the driveway.
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Florida is one of the few states left that doesn’t have any laws in place that prohibit drivers from text messaging behind the wheel. Rep. Irv Slosberg, D-Boca Raton, is trying to change all that. Slosberg lost his daughter in a car accident with a distracted driver a few years ago. He’s been pushing the ban ever since. Similar bills have failed to make it through, though. Many believe it’s because officers would have a difficult time enforcing the rule, while others think it’s because of the “anti-government regulation atmosphere” that’s prominent in Tallahassee. Distracted driving-related car accidents in Fort Myers continue to plague our roadways as drivers are free to call and text whomever they wish without the fear of punishment.

“It’s worse than being drunk,” Slosberg was quoted as saying in a recent news article.

Our Fort Myers car accident attorneys understand that almost every other state in the U.S. has enacted laws to regulate driver distraction. Locally, Collier and Lee counties have stopped bus drivers and school employees from driving while using a mobile device, but the state needs more than that. From 2001 to 2007, there have been nearly 16,150 deaths from traffic accidents that involved a texting driver. Officials believe the actual number is much higher as there’s no sure way to know whether a driver was texting behind the wheel right before an accident.

According to a recent study by Car and Driver magazine, texting behind the wheel puts a driver at more risks for an accident than one who is legally drunk behind the wheel.

Truck drivers have been proven to be nearly 25 percent more likely to crash when texting and driving at the same time.

Both Slosberg and state Rep. Ray Pilon, R-Sarasota, are pushing for the bill because they say that driving and texting are a lethal combination, according to The News-Press.

But wait! Those aren’t the only two to back the bill, State Rep. Kathleen Passidomo, R-Naples, says she’s on board as well. She says it makes too much sense and that she’s seen drivers on our roadways swerve all over the place while text messaging at the wheel. Lee County Sheriff’s Office officials also support the ban, saying they are committed to continually pursue roadway safety measures that can help save lives.

The bill would make texting while driving a secondary offense. This means that a driver would have to be pulled over for another driving infraction first. But, if you’re busted texting while driving, you could get six points on your license. It only takes 12 to have your license suspended.

Slosberg recognizes that getting the bill through isn’t easy, but says that sooner or later lawmakers will make the right decision for traffic safety.
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A 73-year-old man from Cape Coral was killed in a recent Fort Myers car accident as his motorcycle and a 85-year-old female’s vehicle collided, according to Naples Daily News. The Florida Highway Patrol reports that the accident happened at the corner of Pine Ridge Road and McGregor Boulevard just after noon.

The elderly driver of the passenger vehicle pulled out in front of the man’s motorcycle and caused a collision and him to fly off of his bike. He was not wearing a helmet at the time of the accident and was pronounced dead on scene.

Our Fort Myers car accident attorneys understand that the holiday season brings millions of tourists to the Sunshine State for some warm holiday vacations. Most of these visitors travel by motor vehicle. During this time, risks for accidents increase significantly. Teen drivers and elderly drivers are some of the most vulnerable drivers on our roadways throughout the remainder of the year. It is important to keep an eye on the elderly drivers in your life to make sure they’re OK and feel confident to safely navigate our roads. With age comes deteriorating senses and at some point the inability to drive safely.

The fatality rate for drivers starts to steeply climb beginning at the age of 65. Drivers between the ages of 75- and 84-years-old see a death rate of about three per 100 million miles driven. This fatal accident rate is about the same as that of teenage drivers. For drivers over the age of 84, the fatality rate is about four times higher than that of teens.

Signs signaling that a driver might not be safe behind the wheel, from ABC7:

-Getting lost when driving along a familiar route.

-Discovering new dents and scratches on your vehicle.

-Having a difficult time moving your body within the vehicle, to push pedals, to turn to look around the vehicle, etc.

-Getting frequent tickets and warnings from officers.

-Getting into frequent fender benders or near-misses.

-Receiving a recommendation from a doctor to stop driving because of health issues or prescribed medications.

– Having a tough time reading road signs or seeing other traffic devices.

-Driving too slowly or too fast for no apparent reason.

If you notice any of these symptoms in your elderly loved ones, consider sitting down with them and discussing your concerns about their safety on our roadways. Remember to reiterate that these symptoms don’t paint a picture of helplessness and that it doesn’t mean they’re no longer independent. Work alongside your loved ones to understand your concern and help to accommodate them to prevent an accident on our busy roadways this holiday season.
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The holiday travel season is upon us and risks for car accidents in Fort Myers drastically increase during this time. Drivers are urged to plan accordingly for holiday road trips to avoid hazards. Parents, this is an excellent time to talk with teenage drivers about the dangers they’re likely to face on our roadways. Road traffic increases significantly as many visitors make Florida their holiday destination, according to WINK News. Discuss safe driving habits with the young drivers in your life before it’s too late.

Our Fort Myers car accident lawyers understand that weekends and evenings are the most dangerous time for motorists to be on our roadways. You’re urged to check out the Florida 511 app to learn about other real-time traffic delays on our local roadways. Helping to keep your young drivers away from dangerous and busy roadways can help to keep them safe during the busy holiday season.

“Being prepared, understanding what’s ahead, slowing down for conditions, or just being alert or prepared, goes a long way toward safety on our roads,” said Debbie Tower with the Florida Department of Transportation.

Teen drivers are four times more likely to be involved in a traffic accident than the drivers of any other age group. Talk with your teenager about safely and cautiously navigating our roadways to help avoid a serious traffic accident over the holiday season.

The Florida Department of Highway Safety and Motor Vehicles offers these tips for parents to share with their teen drivers:

-Make sure all vehicle occupants wear a seat belt at all times.

-Limit the number of passengers who your teen can drive with. Each passenger increases your driver’s risks of getting into an accident.

-Check vehicle tires before venturing out. Tires should be in good condition and properly inflated.

-Always make sure the windshield is clean for maximum visibility.

-Never allow your gas tank below a quarter of a tank. You never know where you’ll get stranded.

-Never drink and drive or ride along with any driver who has been drinking.

-Drive with your headlights on, even during the day, to increase your visibility to oncoming drivers.

-Get the directions you need before you head out rather than while you’re driving.

-Obey all speed limits, traffic signals and traffic lights.

-Curb all distractions when driving.

-Never blast the music in your car. Loud music serves as a driver distraction, too.

-Be aware of the weather conditions and the traffic conditions.

Florida Highway Patrol will be out in full force throughout the remainder of the holiday in search of irresponsible drivers. Be safe, courteous and obedient behind the wheel to ring in a safe, injury-free and Happy New Year’s.

If you spot someone on our roadways driving dangerously, please pull over and call F.H.P. at *347.
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