Florida Injury Lawyer Blog

The holidays can be a stressful time of year for almost anyone. Some added stressors that we put on ourselves for the holidays are to shop, cook, clean, decorate, and travel to friends and family gatherings. These added stressors can cause heightened anxiety on the road as you rush here and there to get everything done in time. Drivers should be more alert this time of year to aggressive driving behaviors causing Fort Myers car accidents.

Some traits of an aggressive driver are speeding, weaving in and out of traffic, unsafe lane changes and tailgating. These traits can lead to road rage between two drivers. Road rage can be described as extreme behavior between two drivers who show a lack of respect for the safety of other drivers on the road. Aggressive driving is on the rise according to a Smart Motorist article. Two factors that seem to contribute to the increase in aggressive driving is increased number of motorist on the roadways, as well as the increase in miles we spend on the road each year.

Road rage doesn’t always lead to traffic fatalities but puts other motorists on the road at risk of being involved in a traffic accident or being victimized by assault or other criminal activity. Recently in Orlando, a man fired shots at another vehicle on a major interstate during broad daylight because the driver cut him off, claiming it was self-defense. Fortunately no one was hurt in this incident but under the circumstances it could have been a fatal traffic disaster.

If you are a witness to aggressive driving this holiday season, some helpful tips to remember are:

-Call 911 so a police officer can assist in the situation.

-Increase the driving distance between you and the aggressive driver.

-Don’t respond to the bad behavior by acting out in return. You will only fuel the fire by retaliating.

-Don’t make eye contact with the aggressive driver.

-Keep a peaceful mind when you are driving in order to prevent your own aggressive driving behavior.

-Show respect to the other driver to prevent escalating their frustration and road rage Continue reading ›

Roadway departures are a leading cause of serious and fatal crashes in Florida. Roadway departures are defined as a vehicle leaving the road, either by crossing the median or center line or by veering off to the right and over the edge lines at the side of the road. Regardless, our Fort Myers car accident attorneys understand the increased risk of serious or fatal injuries when a vehicle leaves the roadway.

A 2008 report from the National Highway Traffic Safety Administration states the leading cause of Florida traffic fatalities is roadway departures. If a vehicle travels off the road, crosses the center or road edge line the crash is deemed a roadway departure accident. In Florida, 38% of all fatal crashes from 2005 to 2009 were caused by vehicles leaving their lane or running off the road.

There are a number of reasons why roadway departure crashes occur. By understanding why such accidents occur, a motorist can better defend against the likelihood of being involved in such a collision.

-The leading cause is excessive speed. A driver going too fast may swerve in order to maintain control.

-Drunk or drowsy driving is another cause of roadway departure accidents.

-Road conditions such as flooding on the roadway may cause a driver to go across the center or edge lines. Most drivers swerve to avoid obstacles in the roadway in order to prevent hitting it which causes them to go outside the lines.

-Distracted driving is also a common reason why a driver can cross a center or edge line. Lastly, though the least common, when a vehicle breaks down it may leave the road. These are particularly dangerous because controlling the vehicle after a blown tire or engine shut off is difficult to manage in and of itself. Crossing over the center or edge line just adds insult to injury in terms of controlling the vehicle.

Though it’s a work in progress, the Florida Transportation Commissions 2008 report offered the four “E” solution to reduce road departure crashes. Their continual goals are to:

-Improve law “enforcement” practices on limited access and rural roadways.

-Increase the public’s “education” on roadway departures.

-Enhance or “engineer” roadway design.

-Escalate “emergency services” response to a crash.

These goals along with drivers being more careful on the roadways should lead to less roadway departure car crashes in the future.
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Snow birds flock to Florida, especially during the holidays. As an excuse to escape the cold weather doldrums, their families plan a trip to visit Mickey in Orlando, Jungala in Tampa, or their grandparents in Ft. Myers. Roadways in Florida become much more congested this time of year due to the tourist season as well as the holiday traffic in going to malls or family gatherings. Everyone should allow extra time and extra patience to avoid Fort Myers car accidents during the holiday season.

In 2009, Florida ranked third highest in holiday traffic fatalities among all 50 states.

The Fatality Analysis Reporting System from the National Highway Traffic Safety Administration reported there were 74 fatalities on Christmas Day, 13 fatalities on New Year’s Eve, and 78 fatalities on New Year’s Day in Florida last year.

Nationally, there were a total of 1,719 traffic fatalities occurring on Christmas Day (640), New Year’s Eve (75), and New Year’s Day (1,004). Florida accounted for almost 10% of the fatalities during these three holidays. What’s more disturbing is 17% of traffic fatalities occurring in the United States on New Year’s Eve were in Florida. This statistic is second only to Texas who reported one more fatality than Florida.

This is as good of time as any to review some safety tips that can help driving on congested roads during the holiday season, especially on New Year’s Eve:

-Be aware of other drivers around you by checking all of your mirrors regularly.

-Drive at a speed that blends in with other drivers by maintaining the speed limit. In other words, don’t speed or drive at a snail’s pace.

-Driving under the influence is never a safe option so you need to be proactive by having a back-up plan if you plan to be drinking.

-Exhibit patience with out-of-state drivers as they may not know where they are going which can cause them to drive erratically.

-Rather than cutting drivers off, show courtesy on the roadways by allowing ample time to move over or make your exit.

-Failure to wear your seat belt is breaking the law and could result in more serious injuries in the event of an accident.

-If staying home or staying over is an option, opt to make the safer choice by staying off the road during peak travel times.
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Two-thirds of the motoring public would support an outright ban on drivers using cell phones, according to a new study cited by the National Safety Council.

Our car accident lawyers in Fort Myers and Naples continue to monitor the issue of cell phone use and text messaging by drivers. The National Highway Traffic Safety Administration blames cell phone use and text messaging by drivers for a substantial number of the 5,474 motorists killed last year in distracted driving accidents. The government estimates another 448,000 were injured.

Yet Florida is one of a dwindling number of states where lawmakers have done nothing to prevent drivers from text messaging or using cell phones while behind the wheel. According to the Governor’s Highway Safety Association, Florida joins only Hawaii, Idaho, Ohio, and South Carolina as states with a complete lack of regulation or reporting on the issue.

-8 states ban hand-held cell-phone use entirely: California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

-No state bans cell phones completely (both hand-held and hands-free)

-However, 28 states and D.C. ban all cell phone use by teenagers and/or new drivers.

-School bus drivers are banned from using cell phones in 18 states.

-30 states make it illegal to text and drive, including 11 states that passed laws this year.

-An additional 8 states ban text messaging by novice drivers.

Not only has Florida failed to act, it is one of the very few states that have forbidden local governments from enacting ordinances of their own. For instance, Illinois forbids texting and driving, while the City of Chicago prohibits drivers from using hand-held cell phones altogether.

It is that patchwork of laws that has the NSC and others concerned about potential confusions, particularly during the busy upcoming travel season.

“The public is fed up with their safety being jeopardized because of phone calls,” said David Teater, senior director of Transportation Initiatives for NSC. “It is our hope that elected officials realize the strong public support for laws, and that they are quickly passed to protect motorists and others on our roadways.”

The new study found two-thirds favored a nationwide ban on cell phone use by drivrs, while half thought such a ban would increase traffic safety “a great deal.”
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