Articles Posted in Car Accidents

Holiday weekends come with an increased risk of being involved in a drunk driving accident in Fort Myers and elsewhere in Southwest Florida. To help keep these accidents to a minimum, the Florida Highway Patrol will be participating in a national campaign, “Drive Sober or Get Pulled Over.”

Increased enforcement efforts to bust drunk drivers will run through Labor Day. Thousands of law enforcement agencies across the state will be on the lookout for impaired drivers.

Associates and Bruce L. Scheiner, Attorneys for the Injured, continue to support the Lee County Sheriff Department’s Mobile Eyes program. Motorists who report a drunk driver to 911 are elibible for a $50 reward if officers can stop and arrest the driver for DUI.

“Drunk driving is simply not worth the risk. Not only do you risk killing yourself or someone else, but also the trauma and financial costs of a crash or an arrest for impaired driving can be significant,” said FHP Director, Colonel David Brierton.

Labor Day weekend is usually a time when motorists hit the road to join friends and family for one last summer weekend.

During this weekend and next, all FHP personnel in uniform will be combing the streets in search of intoxicated drivers or those who are endangering themselves or others. The increase in active officers aims to make their enforcement efforts more visible on our roadways and to encourage drivers to refrain from driving while intoxicated.

Officers will also be providing assistance to motorists who may break down or need other forms of assistance during travel.

Remember that you can always call *FHP, or *347, to get in touch with the FHP to report a drunk driver or simply to request some roadside assistance.

Not only could your phone call reward you wish some extra money, but it could help to save a life this Labor Day weekend. We encourage all residents to have a safe and happy Labor Day weekend and Don’t Drink and Drive!
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As we’ve recent reported on our Florida Injury Lawyer Blog, our state is one of the few states left that has absolutely no law in place prohibiting or restricting any or all drivers from using a cell phone or texting behind the wheel.

The Governors Highway Safety Association (GHSA) is trying to change that. They recently released the very first comprehensive overview looking into distracted driving records, habits and car accident statistics. The report analyzed research from more than 350 scientific papers published between 2000 and 2011.

Our Naples car accident attorneys understand the hazards that are presented on our roadways when a driver engages in distracting activities behind the wheel. The new report, Distracted Driving: What Research Shows and What States Can Do, summarizes how distraction impacts driver performance and crash risk, how often drivers are distracted, what distracted driving is exactly and what countermeasures may be most effective and what states can do to reduce distracted driving.

“Despite all that has been written about driver distraction, there is still a lot that we do not know,” said GHSA Executive Director Barbara Harsha, who oversaw the report’s development. “Much of the research is incomplete or contradictory. Clearly, more studies need to be done addressing both the scope of the problem and how to effectively address it.”

The report suggests that states implement the following countermeasures to help curb the behavior:

-Evaluate the distracted driving laws and programs of other states. This evaluation should provide the information states need regarding which countermeasures are effective and which are not.

-Implement distracted driving communication programs.

-Record distracted driving in crash reports statewide. Be as detailed as possible to assist in evaluating current distracted driving laws and programs.

-States that have not already passed handheld bans (Florida) should wait until there is more definitive research and data are available on these laws’ effectiveness before create its own.

-Continue to leverage effective, low-cost roadway countermeasures. These countermeasures can include edgeline and centerline rumble strips. These measures are used to alert motorists when their car drifts out of their driving lane.

-Assist employers in developing and implementing distracted driving policies and programs.

“While distracted driving is an emotional issue that raises the ire of many on the road, states must take a research-based approach to addressing the problem. Until more research is conducted, states need to proceed thoughtfully, methodically and objectively,” says GHSA Executive Director Barbara Harsha.

Currently, 34 states, the District of Columbia, and Guam ban text messaging for all drivers. Twelve of these laws were enacted just in 2010 alone. Another 9 states, the District of Columbia, and the Virgin Islands prohibit all drivers from using handheld cell phones while driving. Florida does not regulate driving distractions.
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As we recently discussed on our Florida Injury Lawyers Blog, Florida is one of the few states left that still has no law regulating the distractions of drivers on our roadways. Drivers of all ages on our roadways are allowed to talk on their cell phone, send text messages, surf the web and do just about anything else. These distractions are a primary cause in a number of car accidents in Fort Myers, Naples, Bonita, Cape Coral and elsewhere in Southwest Florida.

A recent study, conducted by the U.S. Department of Transportation, reports that areas in our country that enforce laws prohibiting such driving behaviors actually experience a significant reduction in roadway dangers. Transportation Secretary Ray LaHood recently announced that Syracuse, New York, and Hartford, Connecticut were the most recent states to experience these reductions after the execution of two pilot projects used to measure the effects of increased law enforcement coupled with high-profile public education campaigns.

Our Fort Myers car accident attorneys understand the dangers that accompany distracted driving habits. In 2009 alone, there were nearly 5,500 traffic deaths because of accidents that involved a distracted driver. Another 500,000 people were injured in these incidents. Distracted driving fatalities accounted for nearly 20 percent of all traffic fatalities during that year. While 34 states, the District of Columbia, and Guam already enforce texting bans and nine states, the District of Columbia, and the Virgin Islands have prohibited all hand-held cell phone use while driving, Florida has yet to make its first move to protect motorists from these preventable accidents.

“These findings show that strong laws, combined with highly-visible police enforcement, can significantly reduce dangerous texting and cell phone use behind the wheel,” said U.S. Transportation Secretary Ray LaHood. “Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted driving accidents.”

Each pilot program was funded by $200,000 in federal funds and $100,000 from the state. Each area examined whether increased police enforcement along with paid advertising and news media coverage had the ability to reduce distracted driving. Both pilot efforts used “Phone in One Hand, Ticket in the Other” as the media campaign theme. This media theme was similarly structured to the highly-successful national seat belt campaign, “Click It or Ticket.”

The studies concluded:

-Syracuse, New York witnessed a decrease in handheld cell phone use and texting behind the wheel by a third. This area credits high-visibility enforcement for the reduction.

-Hartford, Connecticut witnessed nearly a 60 percent reduction in handheld use. Texting by drivers reportedly dropped by nearly 75 percent.

“The success of these pilot programs clearly show that combining strong laws with strong enforcement can bring about a sea change in public attitudes and behavior,” said NHTSA Administrator David Strickland. “We applaud the work of the men and women of the Syracuse and Hartford police forces, and call on state legislatures, law enforcement and safety advocates across the nation to follow their lead.”

Florida may one day be able to experience the same benefits of safer roads if our state decides to enact a law to regulate the distracting driving habits of motorists. Until then, safe driving habits are the sole responsibility of the individual driver. Be safe, be responsible and be focused.
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The Naturalistic Driving Study, the world’s largest field study of driving behavior, is looking for participants in Florida. This study looks to record driver’s actions and reactions behind the wheel when interacting with varying traffic conditions and in the event of a car accident in Fort Myers or elsewhere. The study is looking for 3,100 drivers to volunteer in Buffalo, Seattle, Tampa Bay, Durham, central Pennsylvania and Bloomington. Researchers will then use this recorded data to aid the development of safety improvements in road design, cars, and driver training programs, according to Forbes.

“Collision prevention is the central goal of the study” said Ken Campbell, chief program officer overseeing safety for the Strategic Highway Research Program, which is part of the non-profit Transportation Research Board. “And the driver is the key to prevent collision.”

Our Fort Myers car accident lawyers understand the benefits of a study like this one. Previous studies only focused on countermeasures that protect vehicle occupants after a collision, like seat belts, airbags and crash-worthy vehicles. This is a new study that focuses on driver behavior, which is the primary cause of most accidents. The researcher’s goal is to develop more efficient crash avoidance systems.

In this study, sponsored by the Federal Highway Administration, 3,100 drivers will be monitored with a video recording system that includes four video cameras. These four cameras will tape forward and rear views and the driver’s face and hands. Monitoring equipment, including GPS, wireless radar and sensors, will also record information about environmental variables like traffic, lighting and weather conditions.

All of this information will be held in a storage box in the vehicle that is about the size of a text book. Researchers will retrieve this information from the vehicle every four to six months.

“You can’t just look at collisions or near collisions to know what risk factors are. It’s that comparison with what the driver is doing when there is not a safety-related event that tells you what the risk factors are,” says Dr. Campbell.

The study is mainly looking for participants under the age of 25 and over the age of 65. Both of these groups represent a small percentage of drivers who have high collision rates. Accidents at intersections and crashes that happen when the driver runs off the road will be the initial focus areas of this study. Each participant will receive $500 for each year they participate. To participate, you must have a valid driver’s license, proof of insurance and an approved vehicle. Your participating vehicle is subject to a brief inspection. More than half of all vehicle makes on Florida roadways are eligible for the study. It generally takes less than four hours to install the study equipment into the vehicle.

“This study is long overdue and has the potential for providing the most comprehensive look at why highway crashes occur,” said Peter Kissinger, president and chief executive of the AAA Foundation for Traffic Safety, a nonprofit research and educational organization that provided technical advice for the study. “It is unprecedented in its scope and approach. It will be a wonderful supplement to other ongoing and planned traffic safety research efforts. My only disappointment is that the transportation research community didn’t initiate the study several years ago.”
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When your child turns 16-years-old, it’s time for them to hit the road — alone. There are no more carpools from mom and dad if they’ll be getting their own vehicle. Are you sending your teen out on our roadways in a vehicle that’s going to protect them in the event of a Fort Myers car accident? You may have a lot of questions regarding your teen’s first vehicle, but don’t worry because we’re here to help.

It hasn’t been that long ago since we reported that Cape Coral was the most dangerous city of its size in the nation for teen drivers. Our Cape Coral car accident attorneys understand that parents want to do all that they can to protect their young, newly-licensed drivers. What kind of car is best for them? Are they better off in a new or a used car? Which type of vehicle is going to keep them safe? These are all common questions that a parent with a teenage driver is bound to ask themselves.

First and foremost, you’re going to have to decide whether they should get a new or a used vehicle.

“A first time driver doesn’t need a new car, but of course they want one,” says Lori Mackey, president of Prosperity4Kids. “The depreciation, probability of fender benders and the price tag [means new] is not the most logical way to go.”

A new car will save you the hassle of breakdowns and repairs, but a certified pre-owned car will still provide you with the advantages of a new-car warranty. Used cars may even offer you some better financing rates than a new vehicle would, according to Daily Finance.

Yes, new cars will come with the latest safety bells and whistles, but late-model used cars will still come with airbags, anti-lock brakes and electronic stability control. Even better, a used car typically won’t come with power and performance features that can overwhelm a new driver.

“I see these young, inexperienced drivers in Mustangs, BMWs, and large SUVs. These automobiles are big, powerful and difficult to control for even experienced drivers. In the hands of a new driver, they can be deadly weapons,” says LeeAnn Shattuck, co-owner and chief car chick with Women’s Automotive Solutions.

So you’ve figured out if you’re going to get them a new or a used car. Now you have to start narrowing the search and think about which type of vehicle is best for them. To get this information, you can research websites like the National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety for reliable safety and crash-test information. You’re also urged to check out J.D. Power and Associates for quality and reliability ratings.

This is also a time when you want to take things into consideration like the distance and frequency the car will be used for travel. This is when you need to consider MPG ratings as well. You don’t want to get your child a vehicle that they can’t afford to drive to the gas pump. You can check out vehicles mileage data on www.fueleconomy.gov.

“This not only allows you to check and compare fuel economy ratings, but give a lot of good tips on how to maximize fuel economy in other ways that everyone can do. You can research vehicles back to 1987,” says Michael Rabkin, president, From Car to Finish, a vehicle research firm.

You’re not going to want to get them a teeny car either to save at the pump. The smaller the vehicle, the more problematic it can be as it’s less likely to protect them in the event of a front-end accident. Realistically, their safest in a mid-sized sedan with a four cylinder engine, airbags and a good crash test rating.

“Having a car is not a birthright,” says Gail Cunningham, spokesperson for the National Foundation for Credit Counseling, who raised four children. “Today’s teens seem to think that they should have a car waiting for them in the driveway when they return home from the Motor Vehicle Department with their driver’s license. If that’s right for your family, fine. But don’t be held hostage to peer pressure, and by that I mean from other families who are buying their teen a car.”
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About a year ago, authorities nixed the statewide system that allowed teens to take their learner-permit driving exam online. Well, the tests are to be back online in an attempt to appeal to the keyboarding generation, to provide more convenience to the customer and to reduce the wait at some of our local Department of Highway Safety and Motor Vehicles offices. But will these online tests encourage cheating and increase our teens risk for a car accident in Fort Myers and elsewhere in Florida?

The program was initially pulled from the Internet because officials discovered that roughly 40 percent of teens who passed the exam online failed it in person at the DMV, according to the News-Press.

Our Cape Coral car accident attorneys understand that teens require every bit of driving training available to prepare them for the dangers they’ll inevitably face on our roadways. Rep. Irv Slosberg of Boca Raton isn’t too thrilled about the decision. He has become an advocate for teen road safety ever since his teenage daughter died in a car accident. He believes that the decision to put these tests back online is a move that no parent in their right mind would approve. Gov. Rick Scott recently signed it into law.

“This sets road safety back 10 years,” Slosberg said.

Teens will no longer have to study and memorize important road rules for fear of failing the test. Online testing allows for these tests to be an “open book” opportunity.

It’s estimated that roughly 70,000 teens each year apply for a Florida learner-permit.

The online written exam includes 40 multiple-choice questions. Half of them cover road rules and half cover road signs. Teens can only miss 5 questions on each half.

“I’ve had students fail it repeatedly right up to the last day of class,” said Lake Worth High driver education instructor Sam Howell, who has taught the class for 34 years. “The thing I don’t like about it is there’s nobody monitoring the test, so we truly know who took it, or that they didn’t get any help.”

The DMV understands teen’s temptation to cheat and asks that parents do their best to stop it from happening. To help enforce this, the new testing system will hold parents more accountable. The DMV warns that if an applicant is found to have cheated, the parent’s license could be suspended.

Teen drivers are typically more vulnerable on our roadways for the simple fact that they possess less driving experience. Teen drivers have recently been placed on the National Transportation Safety Board‘s (NTSB) “most wanted” list. This is a list that targets those who present the most dangers to motorists on our roadways, or those who are most at risk. The campaign aims to raise awareness about these drivers and encourage ways to better improve their skills.

According to the NTSB, car accidents are the number one cause of death for teens in the U.S. It is estimated that we lose nearly 10 teens on our roadways every day. The risk of motor vehicle accidents is higher among teen drivers than among any other age group of drivers. Even though licensed teen drivers make up only 7 percent of the entire driving population, they account for nearly 15 percent of drivers involved in all fatal accidents.

Parents should enforce these rules to help protect their teen driver on our roadways:

-Limit the driving times, destinations and the number of passengers allowed in the car when your teen is driving.

-Make sure to set and enforce check-in rules for your teen. Require them to call or text when they arrive at their destination and when they are heading home.

-Know who your teen is with and where they’re going.

-Be sure to discuss your expectations for celebrating special occasions like prom and graduation responsibly. It is important to discuss these behaviors even when your teen is not the one behind the wheel.

-Talk to your teens about the dangers of impaired and distracted driving. Talk to them about drunk driving. Even though they’re not old enough to consume alcohol, it doesn’t mean that they can’t or won’t.
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Not only are Florida drivers able to use their cell phones while operating a motor vehicle, but they can also shuffle through their iPod play lists, surf the internet, send text messages and find their destinations without ever taking their eyes off the road. Although our driver’s eyes may still be on the road, their mind may be somewhere else and therefore experience increased risks of being involved in a car accident in Fort Myers and elsewhere in Florida.

“Consumers are wanting, expecting and you could say demanding more technology in their cars,” said said Tim Jackson, president and chief executive of the Colorado Automobile Dealers Association. “As their lives have become more technologically driven, they want those same creature comforts in their cars.”

Florida is still one of the few states left that has yet to pass a law regulating any type of distracting driving habit. A number of studies have reported that these driving devices, many of them hands-free, require that a driver take some of their attention off the road. Our Fort Myers car accident attorneys understand that drivers pretty much have free reign when it comes to electronic devices in our vehicles, but it’s not recommended that we use these devices while driving as the results can be serious, if not deadly.

“The most important thing we’ve found in our research and various studies is keeping your eyes on the road and hands on the wheel,” said Jim Buczkowski, director of Ford electronics and electrical systems engineering.

Because of the growing number of distracting devices now available in vehicles, the National Highway Traffic Safety Administration started conducting studies on just how dangerous these devices can be. Nearly 5,500 people died on U.S. roadways because of car accidents that involved a distracted driver in 2009. The number one distraction reported in these accidents was the use of a cell phone.

Some argue that voice-operated devices allow the driver to keep their eyes on the road. While this may be true, their mind and focus can be somewhere else.

“We have found any sort of distraction increases the likelihood of being in a crash, even with hands-free options,” Hobbs said. “We encourage people to eliminate as much distraction as possible.”

Merecedes offers a brand new technology, the SplitView. This is a device that lets the drivers continue to access directions or other navigation data while his of her passengers enjoy a DVD on the same monitor, according to the Denver Post.

“The standard has been set by the consumer devices (such as smartphones),” said Henry Bzeih, head of Infotainment and Telematics at Kia Motors America. “The expectation is that the car should behave the same way.”

Not everyone agrees. David Strickland, the administrator of the National Highway Traffic Safety Administration, aims to put a stop to a number of these distracting devices. He recently spoke to a crowd at the Telematics Detroit 2011 conference and told them about his plans to oppose unsafe technologies. He believes that these new “convenient” technologies do nothing more than contribute to distracted driving, according to Government Computer News.

“I’m just putting everyone on notice,” Strickland said, “A car is not a mobile device.”

Strickland isn’t opposed to all new technology. He does note that cars can come equipped with useful IT-based technologies, including Global Positioning System navigation, automated emergency notification and internal diagnostics.

“I’m not in the business of helping people tweet better,” he said. “I’m not in the business of helping people post on Facebook better.”

According to a number of studies conducted by the Insurance Institute for Highway Safety, hands-free devices do help to eliminate physical distractions but do nothing to reduce cognitive distractions. A driver on the phone, by any means, increases their risk of an accident.
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Florida is one of the few states left that has no law prohibiting or restricting drivers, of any age, from using a cell phone or from using text-messaging devices. That’s right. Florida drivers are free to engage in a number of distractions while operating a motor vehicle on our roadways. These distracting devices only increase the risk of being involved in a car accident in Naples and elsewhere in the state.

Many times, in the last several years, the Florida legislature has made attempts to ban distracting driving habits through a number of bills that would regulate this dangerous habit. None of these bills have passed.

These driving habits make our roadways very dangerous. According to Distraction.gov, nearly 5,500 people were killed on U.S. roadways in 2009 because of accidents that involved a distracted driver. Another 448,000 motorists were injured in these accidents. Our Fort Myers car accident attorneys understand the lack of a cell phone law affects the safety of all motorists. Drivers are urged to regulate their own cell phone usage until a law is put into effect to help save lives on our Florida roads.

The Florida legislature was able to pass a bill that would make all driver education classes include discussions and demonstrations on the risks associated with using wireless communications devices while driving. This bill, House Bill 689, has been sent to the Governor. He has yet to sign it, according to DrivingLaws.org.

Florida may not be in charge of making its own cell phone laws for much longer. Rep. Carolyn McCarthy, D-N.Y., recently proposed the Safe Drivers Act of 2011. This is legislation that would federalize cell phone usage while driving, according to Auto Trends Magazine.

“Driving while making a phone call, texting or using apps can be as dangerous as driving drunk, and much more common,” Rep. McCarthy said. “With some basic commonsense rules that are already in place in some parts of the country, we can reduce injuries and save lives in America.”

Under this proposed legislation, the U.S. Department of Transportation would be required to set up a nationwide standard that would prohibit cell phone use while driving for everyone in the country. Drivers would still be able to use voice-operated, vehicle-integrated devices and voice-operated GPS systems.

While cognitive distractions are still present with certain hands-free devices, it is a much less serious problem than using a hand-held device.

Requirements of the new bill include:

-The DOT would be required to conduct a study on distracted driving. This study would be required to focus mainly on the issue of cognitive distraction and the impact of distraction on young and inexperienced drivers.

-Within two years, the DOT would be required to report the conclusions of the study to Congress. They would have to accompany these conclusions with recommendations for revising the minimum distracted driving prohibitions and penalties states must comply with.

-Once the federal law is put into effect, states would have two years to comply with the law. If they fail to do so, they could face a 25 percent reduction in federal highway funding.

Cell phone use is the number one reported distraction in accidents that reported the involvement of a distracted driver. Of the nearly 5,500 fatal distracted driving accidents in 2009, nearly 1,000 of them reported a cell phone as the distraction. Motorists who use hand-held devices while driving a motor vehicle are four times as likely to get into an accident serious enough to injure themselves.
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Drive safely and abide by all traffic laws this weekend because the Florida Highway Patrol will be out in full force during the long weekend in an effort to reduce the number of car accidents in Fort Myers and elsewhere throughout the state.

The holiday weekend officially begins this afternoon and goes through midnight, July 4.

As we recently discussed on our Florida Injury Blog, it’s estimated that nearly 40 million people will be traveling during the holiday weekend. We not only see an increased amount of traffic during this time of the year, but we also see and increased number of serious, and fatal, car accidents.

Our Cape Coral car accident attorneys ask that all motorists be safe and alert on our roadways throughout the entire weekend. Your risks of being involved in a car accident during these three days greatly increases, compared to any other weekend out of the year. As a matter of fact, the Fourth of July has consistently been ranked as the number one deadliest holiday weekend on our roadways. You are urged to drive safely and legally this holiday weekend not only to avoid a traffic ticket, but to avoid a traffic accident.

“The Florida Highway Patrol is committed to making Florida’s highways safer, and we plan to do that by bolstering our forces to reduce the number and severity of crashes,” said FHP Director, Col. David Brierton. “Our troopers will take appropriate enforcement action on those drivers who put themselves and others in danger. We want everyone to have a safe traveling experience in our state as they enjoy the holiday weekend. I encourage motorists to do their part by complying with all traffic laws and making sure everyone in their vehicle is buckled up.”

Everyone on the force will be patrolling the interstates and other major state roads over the weekend. FHP Auxiliary and Reserve troopers will be volunteering their time to augment the Patrol’s forces during the holiday enforcement period, too. The force aims to increase their presence throughout the state in an effort to deter traffic violations and accidents. They’re also available to help motorists who break down or who may need other assistance.

The FHP would also like to take this time to ask motorists to check their tires before venturing out this holiday weekend. We’ve discussed the consumer advisory, released by the U.S. Department of Transportation, recently on our Florida Injury Lawyer Blog. The hot summer weather and under-inflated tires can be a deadly combination. Driving long distances in our Florida heat can cause a vehicle tire to deteriorate, which can lead to blowouts and tread separation.

Here are some safe driving tips for your Fourth of July weekend:

-Check your tires. Check your tire pressure and the condition of your tires before you leave for a road trip.

-Check your battery. If your battery is old, toss the jumper cables in the trunk before you leave. or better yet, invest in an little preventive maintenance and a new battery.

-Turn on your lights. Check your headlights, taillights and turn signals before you start a trip. Have a friend walk around the car while you test the car lights and signals from the inside.

-Bring along a first aid kit and roadside assistance kit.

-Don’t drink and drive. Designate a driver or call for a cab if you’re drinking.

-Wear your seat belt. Seat belts help to save lives.

-Obey all traffic laws.

-Make sure you’ve got your proof of car insurance. Whether you are traveling close to home or out-of-state, you should always have your proof of car insurance in your glove box. It’s also a good idea to keep a disposable camera, note pad and pen in your car, just in case you get into an accident.

Our Fort Myers car accident attorneys would like to wish you a safe and happy Fourth of July and ask that everyone be extra careful on our roadways throughout the entire weekend.
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