Florida Accident Attorney Blog

Experienced Miami car accident injury lawyers are well aware that any holiday can, unfortunately, bring out drunk drivers. This holds true for the upcoming July 4 holiday weekend, where South Florida residents and tourists will be celebrating Independence Day with backyard barbecues, trips to the beach, nights out on the town, and other activities.

Florida Highway Patrol will be out looking to catch drunk drivers on Miami, Florida area highways. And with good reason: Of the 2,563 traffic fatalities in Florida in 2009, nearly a third of fatal auto crashes involved drunk driving, with speeding and distracted driving other major contributing factors. (Other Points of Interest: Saturday is the most deadly day of the week for fatal Florida car accidents, and 40% of motor vehicle accidents in Fla. happen during daylight hours.) (Source: Florida Traffic Safety Facts : Fatalities, Florida Department of Highway Safety and Motor Vehicles, October 2010.)

However the Miami Herald reports that South Florida highways won't be the only place that authorities will be patrolling for intoxicated people who could harm themselves and others. They'll also be patrolling Miami, Florida beaches and waterways.

While drunk driving receives a fair amount of attention in the media, we hear less about boating accidents caused by operators who've consumed alcohol or taken drugs. According to the Miami Herald, 69 people died in boating accidents in Florida in 2010 -- boat accidents where alcohol was a factor. The U.S. Coast Guard reports that 17% of boating accidents may be attributed to some degree of alcohol impairment.

In addition, a Fort Myers, Florida news source reports that alcohol is the number-one cause of boating deaths in Florida.

Florida officials state that the chance of alcohol-related boat and watercraft accidents increases over the July 4 weekend, when people are drinking and celebrating their time off. A public safety campaign titled Operation Dry Water kicked off in South Florida last weekend, aimed to reduce deadly boating under the influence (BUI) accidents. Miami Dade County police, the Florida Fish and Wildlife Conservation Commission, and the Coast Guard will increase water patrols now through the end of the July 4th holiday weekend in the Miami, Florida area.

Waterway patrols aim to keep 4th of July dry
The Miami Herald June 29, 2011

Operation Dry Water underway in southwest Florida
Wink News Now June 24, 2011

Operation Dry Water (organization website)

Related Miami, Florida Accident Injury Attorney article:

Florida Cruise Ship Accidents and Injuries Can Happen -- at Sea, in Ports of Call, and on Shore Excursions

A Lee County, Fla. news source reports something that experienced Fort Myers car accident injury lawyers know to be true: that when it comes to serious and fatal pedestrian traffic accidents, Florida is the most dangerous state in the nation.

The North Fort Myers Neighbor reported on data released by Transportation for America. The organization looks at pedestrian traffic accident patterns nationwide, examining factors such as highway and road design, and when and where auto crashes involving pedestrian injuries and deaths take place.

The four deadliest metro areas in the country are all, in fact, major Florida destinations. They are Tampa, Orlando, Jacksonville, and Miami, Florida. The results were published in the study entitled Dangerous by Design 2011: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods). Here in Lee County, Florida, the pedestrian fatality rate is more than twice the national average and greater than in the rest of Florida. Looking at the years 2000 through 2009, the study found that the Lee County pedestrian fatality rate was 3.4 pedestrian fatalities per 100,000 people, compared with 1.6 per 100K nationwide and 3.0 for Florida overall.

The study cites poor street design as a major factor that compromises pedestrian safety -- including in South Florida. Most pedestrian deaths occur on roads designed to move volumes of speeding traffic -- not for people traveling on foot. These roads, by and large, lack sidewalks, crosswalks, or traffic signals that provide some protection for pedestrians. The people most likely to be killed in pedestrian and car crashes in Florida are children, senior citizens, and minority groups. Hispanics have a pedestrian death rate that is 37% higher than that of non-Hispanic whites, and African Americans have a death rate that is 48% higher than for non-Hispanic whites.

Earlier this year, USA Today reported that Florida is the deadliest state in the nation for both pedestrians and bicyclists. Florida's year-round sunny weather, and increase in population, mean more and more people are walking and biking in Florida -- and at risk of being hurt or killed in auto crashes. USA Today reports that Florida's population has exploded in the last half century, from 2.8 million people in 1950 to 18.5 million people today. This increased population poses more challenges for highway and street designers to safely accommodate more pedestrians and bicyclists.

Driver and pedestrian behavior also play a factor in pedestrian traffic accidents in Florida. This includes drivers who are not aware of pedestrians because of speeding, distracted driving, and drunk driving -- as well as pedestrians who walk at night, wearing dark clothing, and cross the street not in crosswalks. A spokesperson for a Florida Bicycle Association told USA Today, "There really needs to be a statewide safety awareness program. I see a lot done on drunk driving, seat belts, even child safety seats, but you don't see anything on pedestrian safety and bike safety." There were 466 pedestrian traffic crash fatalities in Florida in the year 2009.

Related Florida Pedestrian Accident Injury Lawyer article:

Fort Lauderdale and Miami Florida Among Worst Cities for Pedestrian Traffic Accident Risks May 25, 2011

Sources:

Florida ranked most dangerous state for pedestrians
North Fort Myers Neighbor May 31, 2011

Fla. deadliest state for walkers, cyclists
USAToday.com Feb. 28, 2011

Related Web Resources:

Transportation for America: Dangerous by Design

Florida Bicycle Association

Continue reading " Lee County, Florida Pedestrians at Greater Risk of Injury and Death in Traffic Accidents than in Other Communities " »

As part of National Safety Month, the National Safety Council (NSC) declared June 19 - 25, 2011 as "Prevent Slips, Trips, and Falls" week. The NSC reports that falls cause an astonishing number of accident injuries in the United States, leading to 8.6 million visits to hospital emergency rooms.

As an experienced Fort Lauderdale, Florida slip and fall accident injury lawyer knows all too well, slip / trip / fall accidents -- whether they occur on a flat wet surface (such as in a supermarket, restaurant, or hotel or public restroom), a dry surface that may have obstructions or other walking hazards (such as broken concrete or stairs), or slip-and-fall accidents that occur from a height or elevation (such as scaffolding, ladder, roof, and other Fla. construction accident falls) -- are a leading cause of broken bones; head, neck and spine injuries; and other serious personal injuries and fatality.

Slip and fall accidents in Fort Lauderdale, West Palm Beach, Miami and other South Florida communities can cause serious injury and even death to our beloved senior citizens, many of whom are living in Florida nursing homes (where neglect or poor housekeeping and care can lead to seniors falling). The NSC reports that people over age 65 are four times more likely to suffer a death from a fall accident than any other age group. Some statistics related to older adults and the severity of fall injuries:

> The Centers for Disease Control (CDC) estimates that in the year 2000, the total direct cost of all fall injuries for people 65 and older exceeded $19 billion.

> The NSC reports that falls are the leading cause of injury-related deaths among adults aged 73 and older and the second leading cause of death for older adults ages 60 to 72.

> The U.S. Consumer Product Safety Commission (CPSC) reports that common scenarios where senior slip and fall accident injuries may occur include falling on stairs (either going down or up the stairs), falling over obstacles including electrical cords and loose carpet and rugs, and other obstacles on the floor; falling off step stools and ladders.

> For the year 2000, the CPSC reports more than 3,300 product-related deaths for people ages 65 and older (though the CPSC says the actual number of seniors who die from falls is most likely much higher, as "CPSC buys and reports only deaths that have a product identified.")

> Fall injuries are increasing for all age groups, reports the CPSC. From 1997 through 2002, the total number of consumer product hospital emergency room-treated injuries for people ages 65 and older increased by 21%, and for other adults (ages 20 to 64) the increase was 15 percent.

From the perspective of Broward County, Florida personal injury attorneys, slip-and-fall accidents may have premises liability issues. It's best to consult an experienced slip and fall injury lawyer if you or a loved one have been injured in a fall in Fla. that occurred in a public or retail space, hospital or nursing home, during the course of construction or other work, or on someone else's property.

Sources:

National Safety Council:

Preventing Slips, Trips and Falls

Protecting Ourselves from Slips, Trips and Falls

CDC Injury Center:
Costs of Falls Among Older Adults

U.S. Consumer Product Safety Commission:
SPECIAL REPORT: Emergency Room Injuries Adults 65 and Older (PDF)

As a Miami, Florida swimming pool accident lawyer sadly knows, swimming pool drowning accidents are a leading cause of death in infants and children, in Florida and around the country. Any South Florida injury attorney with experience in this area is aware of the swimming pool accidental drowning risk to babies and children.

When lay people think of infant, toddler and child swimming pool accidents and accidental drownings, the obvious dangers of in-ground swimming pools come to mind. Decks and diving boards are slippery. The deep end is treacherous. Even the shallow end is above a small child's head. Swimming pool drains pose a suction risk that could entrap infants and children on the pool bottom (a much-discussed topic in the Florida pool industry -- see related drowning injury attorney article links below). Parents and other adults also be aware of the dangers of above-ground pools, where children can slip and fall in the water and drown.

Anyone who has flown into Palm Beach, Fort Myers, Fort Lauderdale - Hollywood or Miami, Florida airports can see that South Florida is dotted with literally thousands of swimming pools. These include pools at private residences, condos and hotels, and public pools in South Fla. communities. Now, the journal Pediatrics has published a report highlighting a backyard child safety hazard that people may not be aware of: portable swimming pools.

According to new research, the increase in popularity of portable swimming pools poses additional dangers of infant and child death by drowning. Plastic and inflatable portable swimming pools are a staple in backyards across America. They are affordable, and installation is as simple as inflating the pool or just plopping it on the lawn, and filling it up with the garden hose. These include wading pools, inflatable pools, and soft-sided rising pools. But the low cost and ease of setup does not mean the pools don't pose drowning risk to babies and kids.

Using data collected from the Consumer Products Safety Commission between 2001 and 2009, Pediatrics reports these startling statistics:

• Some 209 children under age 12 drowned in portable swimming pools, while another 35 survived portable pool accidents.


• 73% percent of the accidents happened in the child's own yard, and in 94% of the cases, the children were younger than age 5.

The report goes on to say that portable pools do not come with the safety options that in-ground and above-ground swimming pools may offer, such as locking gates, pool alarms and pool covers. Swimming pool safety advocates recommend that parents be vigilant if they've purchased these pools for their young children, and do not let the children use the pools unattended. The experts go on to say that drowning can occur in just 12 inches of water. Sadly, childhood drowning death often occurs when children are unsupervised in swimming pools, including portable pools.

Portable Pools Increase Drowning Risk (video and article)
ABCNews.com June 20, 2011

Pediatric Submersion Events in Portable Above-Ground Pools in the United States, 2001–2009
Pediatrics, accepted March 10, 2011

Related Florida Swimming Pool Accident Lawyer articles:

Florida Swimming Pool Safety Alert : Pool Drain Covers Recalled for Entrapment Hazard, Could Lead to Drowning Accidents (May 2011)

Swimming Pool Safety Law Update: Child Advocates Concerned About Compliance (Jan. 2009)

How safe do you feel driving in South Florida? Do you feel safer, for example, leisurely driving through West Palm Beach, Florida and Palm Beach County as compared to navigating the congested city streets of Miami or snaking your way through Miami Dade County?

Earlier this week, we reported on how Florida traffic accident deaths have declined in recent years, despite increases in Florida's population. However Florida's number of auto crash fatalities (2,558 deaths in 2009) is still the third-highest in the country (with California and Texas in the number one and two spots, respectively, for most traffic accident deaths in 2009). (Source: Traffic Safety Facts: Highlights of 2009 Motor Vehicle Crashes, NHTSA's National Center for Statistics and Analysis, Aug. 2010.)

Automobile accident deaths have been declining in recent years across the USA. But traffic safety advocates, including those here in Florida, say we still have a long ways to go to make driving and roads and highways safer. A recent report by the Florida Department of Highway Safety and Motor Vehicles details traffic fatality trends in our state, including by county. Traffic accident fatalities in South Florida counties in 2009 were as follows (with statewide fatality rates noted in counties that experienced the highest number of deaths):

Brevard County: 54
Broward County: 189 (Rate: 10.8 deaths per 100,000 people)
Collier County: 39
Hendry County: 16
Lee County: 80
Miami-Dade County: 260 (Rate: 10.5 deaths per 100,000)
Palm Beach County: 151 (Rate: 11.7 deaths per 100,000)

Not surprisingly, the counties with the largest populations have the highest number of traffic accident fatalities. Miami Dade County, Florida experienced the greatest number of traffic deaths in Florida in 2009, though that number is down from 336 fatalities in the county in 2005. Broward County experienced fewer auto accident deaths than Miami-Dade County, however the fatality rate per 100,000 people was slightly higher. Deaths were lower but the rate was even higher in Palm Beach County, with 11.7 deaths per one-hundred thousand people.

However, as West Palm Beach accident injury lawyers know too well from working with clients -- Florida traffic crash death statistics don't truly tell the human side of the story. Every number is a person -- a beloved family member, friend, neighbor or co-worker -- whose life was ended in a Florida motor vehicle accident.

The Florida Department of Highway Safety and Motor Vehicles report also sheds light on some of the circumstances surrounding fatal traffic accidents in Fla. counties. For example…

> Do you get nervous driving on two-lane highways, particularly undivided highways? Your fears are justified. Nearly 38% of all fatal traffic accidents in Florida occurred on two-lane highways. 20% happened on six-lane highways and 33% on four-lane highways.

> Drunk driving is a factor in nearly 40 percent of fatal car crashes in Florida.

> Seat belts save lives! The Florida Dept. of Highway Safety reports that in 2009 -- 1,555 traffic deaths of drivers and passengers occurred in Florida vehicles equipped with seat belts. Of that number… 59% or 917 people were not wearing seatbelts.

Florida Traffic Safety Facts : Fatalities 2010 (PDF)
Florida Department of Highway Safety and Motor Vehicles Oct. 2010

Related Web Resource:

Florida Department of Highway Safety and Motor Vehicles (homepage)

Related West Palm Beach Injury Attorney articles:

Florida Has Third Highest Number of Traffic Fatalities in the Nation (June 10, 2011)

Going Nowhere Fast : Miami, Florida Traffic Congestion Among Worst in the U.S.A. (June 7, 2011)

Nationally, traffic accident deaths have declined in recent years. In fact, the number of people killed in motor vehicle crashes in 2009 -- a total of 33,808 lives lost -- is the lowest since 1950 (when 33,186 people were killed in auto accidents).

Lawmakers, safety advocates, auto manufacturers, traffic engineers, and others may take credit for making Florida and our nation's roads and highways safer for motorists and pedestrians. But safety advocates say we can still do better. That goes for the Sunshine State as well. Florida still holds the unfortunate distinction of being the state with the third-highest number of auto accident fatalities -- though that number has gone down even as the state population has risen.

According to a National Highway Traffic Safety Administration (NHTSA) report (see link below), car crashes in Florida claimed the lives of 2,558 people in 2009 -- down 14% from the 2,980 lives lost in traffic accidents in Florida in 2008. Some 30% of those fatal motor vehicle accidents in Florida were due to alcohol-impaired driving (Florida drunk driving accidents). While states have seen reduction in traffic accident deaths across the board, NHTSA reports that California had the most traffic accident fatalities (3,081) for 2009, followed by Texas (3,071), Florida (2,558), and our neighbors in Georgia (1,284 deaths).

An experienced Fort Myers car accident injury lawyer will tell you -- if you're one of the families who has lost a loved one in a fatal Florida traffic crash, that loss of one life is devastating. The State of Florida is promoting the concept that even one life lost in a traffic accident is one life too many. There were 189 traffic accident deaths in Broward County, Florida, in 2009, and 80 car crash deaths in Lee County, Fla, that same year. Working with clients in and around Fort Myers, Fla., we know the anguish these grieving families suffer when a fatal car crash takes a family member away. Lives are changed forever, in a heartbeat.

Here is a sobering statistic: According to the Florida Department of Highway Safety and Motor Vehicles -- Florida experiences an average of 7 fatalities a day on Fla. roads and highways. A new public safety approach called Toward Zero Deaths is "based on a philosophy that even one road death is morally and ethically unacceptable." State safety officials believe lives will be saved by changing driving behaviors that cause Florida traffic accident fatalities. These include speeding, distracted driving, drug- and alcohol-impaired driving, and failure to wear seat belts.

See link below to a PDF of the full report on the details surrounding traffic accident deaths in Florida.

NHTSA Traffic Safety Facts : Research Note (PDF)
Highlights of 2009 Motor Vehicle Crashes

Florida Traffic Safety Facts October 2010 : Fatalities (PDF)
Florida Department of Highway Safety and Motor Vehicles Oct. 2010

Related Fort Myers Accident Injury Attorney resources:

Auto Accident Checklist: What to Do if You're Injured a Car Accident in Florida

Video: What to Do When a Car or Truck Accident with Injuries Occurs in Florida

Anyone who lives or works in Miami Dade County likely has stories to tell about the notoriously bad traffic. Whether driving in the City of Miami, Fla. itself or on Florida I-95 and other area highways … Miami traffic congestion is a headache on good days, a nightmare on bad days.

The Texas Transportation Institute's 2010 Urban Mobility Report examined traffic congestion trends across the USA. As any frustrated driver who has sat in traffic in Miami or other South Florida cities can attest -- urban traffic congestion has greatly worsened over the past 3 decades. The organization reports that Miami, Florida ranks as the 11th most traffic congested city in the U.S. (Miami tied for 11th place with Philadelphia, PA).

The report estimates that Miami's traffic gridlock translates to lost time and dollars -- with an average annual 39 extra hours spent in traffic, 31 gallons of gas wasted, and $892 lost to delays. As an experienced Miami car accident injury lawyer knows -- traffic congestion isn't just inconvenient, frustrating, a drain on precious time, and waste of gas. It's also dangerous and can lead to conditions where motor vehicle accidents with injuries can occur. For example:

• Cars inching along in bumper-to-bumper Miami city traffic may be involved in rear-end collisions, which can lead to whiplash and other injuries.
• Drivers speeding down Interstate 95 or other Florida highways who suddenly come upon stopped or slowed traffic may be involved in auto crashes that can be quite serious, depending on speed and if a chain-reaction traffic accident occurs.
• Stopped traffic prevents emergency vehicles including police, ambulance and fire response vehicles from quickly getting through to people injured in car and truck accidents.

> Washington, D.C., and Chicago have the dubious distinction of tying for first place -- most congested traffic in American cities.

> Traffic congestion nationally is increasing. The cost of extra time and lost fuel across the 439 urban areas studied increased from $85 billion in 2000 to $115 billion in 2009.

> "Rush hour" -- what used to be peak morning and evening traffic times as 9-to-5 commuters jockeyed to get to their jobs -- has expanded to six hours. Now we also must suffer through mid-day traffic congestion (anyone who's tried to get to a mid-day appointment in Miami or other congested Florida city knows this is true).

> Commercial freight trucks trying to avoid a.m., mid-day, and after-work traffic crunch times are now creating additional traffic volume when they travel overnight.

The 2010 Urban Mobility Report makes several recommendations for improving the worsening traffic congestion in Miami, Florida and other top American cities. These include increased usage of public transportation, street and highway design for better traffic flow, and better road and highway design to increase capacity to handle today's volume of traffic. Until then, best to put a big coffee in the cup holder and give yourself plenty of time -- to navigate Miami, Florida city streets and surrounding highways.

Sources:

Urban Mobility Report 2010 (PDF) Texas Transportation Institute Dec. 2010

Which cities have the worst traffic? CNN.com Jan. 20, 2011

Top 15 Cities with the Worst Traffic (slideshow) Comcast.net News

Related Miami, Florida Accident Attorney articles:

Fort Lauderdale and Miami Florida Among Worst Cities for Pedestrian Traffic Accident Risks May 25, 2011

Road Rage Survey: Miami Drivers Not the Angriest -- But Most Apt to Read, Shave, or Put on Make-up While Driving June 17, 2009

When you cruise down Florida I-95, what kind of car, truck, or SUV do you drive? What's parked in your driveway in Fort Myers, Fort Lauderdale, Miami or other South Florida locale? Some Sunshine State drivers may be surprised to learn their beloved auto appears on the Worst Cars on the Road list.

Forbes recently released its annual list of least reliable, under-performing cars, trucks, and SUVs. The magazine based its choices on the vehicles Consumer Reports scored lowest for performance and reliability. Some of the cars and SUVs are among popular American and foreign made models, often seen cruising along South Florida beaches and down city streets. The Worst Cars list includes the luxury SUV Cadillac Escalade, pickup trucks Dodge Dakota and Nissan Titan, sporty SUV Jeep Liberty, and the Chevy Tahoe Hybrid.

Just because a car made it onto the magazine's Worst Cars List doesn’t mean it is necessarily prone to auto accidents. Some vehicles were chosen for poor gas mileage and expensive upkeep. However others, such as the ever-popular Jeep Wrangler, have been subject to recent safety recalls (in the Wrangler's case, for an axle problem that could have affected vehicle handling). The Jeep Wrangler appeared on Consumer Reports' Least Reliable list for the last two years in a row. However that doesn't stop Jeep Wrangler enthusiasts from purchasing and driving these off-road vehicles, of which plenty are seen rambling down South Florida's highways and beach roads.

Consumer Reports rates cars, trucks, and SUVs in its April issue (there's limited access to free online information, see link below). This information may be useful to consumers who are thinking about purchasing a new or pre-owned car, truck, SUV, or van. However Fort Lauderdale car accident attorneys pay closer attention to cars, trucks, and SUVs that are part of automotive safety recalls. The National Highway Traffic Safety Administration (NHTSA) maintains a public website where you may search to see if your vehicle is currently or has been part of an auto product safety recall.

NHTSA's Safercar.gov website (link below) lets you search for your vehicle by make and model, as well as for recalled auto accessories such as child car seats and recalled tires. Fort Lauderdale, Fla. car accident injury lawyers stay on top of such automotive product safety recalls. Safercar.gov also provides reports about product research and product safety, related to infant and child car seats, automotive design and safety features, and other topics of interest to Florida motorists.

Sources:

The Worst Cars On The Road
Forbes.com April 13, 2011

Chrysler Recalls 20,500 Jeep Wranglers for Axle Problem
The New York Times March 7, 2011

Web Resources:

Consumer Reports: Best and Worst Cars 2011

Safercar.gov : Homepage

Safercar.gov: News and Information on Buying, Owning, and Maintaining a Safer Car

Related Fort Lauderdale Car Accident Injury Lawyer article:

Florida Cadillac Driver Recall Alert : GM Recalls Luxury Cars for Heating / Cooling and Rear Suspension Problems March 10, 2011