Florida Accident Attorney Blog

The Florida Department of Highway Safety and Motor Vehicles released a report detailing traffic accident statistics for the Sunshine State. The report, which compared 2008 to 2009, showed an overall 14.1 percent decline in motor vehicle crash deaths for the state of Florida -- at 2,563 total traffic fatalities for 2009 compared to 2,983 traffic accident deaths for 2008.

Let's take a look at the category of motorcycle accident deaths in Florida.

Of the total number of people killed in Florida traffic crashes in 2009, 14.6 percent were motorcycle drivers (376 deaths). The rate for motorcycle drivers and passengers killed in traffic accidents declined by 24 percent: a total of 402 deaths in 2009, compared to 532 killed in 2008. Motorcycle accident injuries in Florida were also down to 8,202 for 2009 compared to 9,402 injuries in 2008. It's worth noting that fewer motorcycles were registered in Florida: 586,537 for 2009 compared to 649,210 for 2008. (Source: Florida Dept. of Highway Safety and Motor Vehicles)

As Fort Myers, Florida motorcycle accident lawyers know from their work with injured and bereaved clients, a motorcycle crash can be devastating -- whether a single-vehicle motorcycle crash into a fixed object or a crash involving other vehicles. Motorcycle operators and their passengers are far more vulnerable to catastrophic injury and death when involved in Fla. traffic accidents with cars, minivans, SUVs, pickup trucks and large commercial trucks. In addition, motorcycles in fatal crashes have the highest proportion of collisions with fixed objects (25.0 percent), according to a new NHTSA report.

The Governors Highway Safety Association (GHSA) also released preliminary data for 2010. That data showed that Florida had 293 motorcycle accident deaths for the first nine months of 2009, and 286 motorcycle fatalities for the same time period for 2010. While those preliminary data showed a 7 percent reduction in Fla. motorcycle crash fatalities thus far -- the final numbers for 2010 were not yet available.

Florida has also seen a reduction in overall alcohol-related traffic fatalities, down by 4.6 percent between 2007 and 2008 -- 917 deaths vs. 875 deaths for those years, respectively). (Source: National Highway Traffic Safety Administration) Though 37 percent of Florida motorcycle drivers who died in traffic accidents in 2009 used drugs or alcohol (139 deaths). Clearly Florida has more work to do to reduce the numbers of traffic related fatalities for both cars and motorcycles. (Source: Florida Department of Highway Safety and Motor Vehicles)

As we reported earlier (see link to article below) -- while Florida's motorcycle accident death rates have declined, Florida still remains one of the most dangerous states in the country for motorcyclists, bicyclists, and pedestrians. If you are involved in a motorcycle accident with injury or death that may be due to the negligence or recklessness of another party, it's best to consult an experienced South Florida personal injury attorney to determine if you may have a case. See our Motorcycle Accidents Frequently Asked Questions page for more info.

Related Florida Accident Attorney Article:

Motorcycle Accident Deaths Decline -- But Florida Still Among Worst in Nation for Helmet Use

Sources:

GHSA Motorcyclist Traffic Fatalities by State -- 2010 Preliminary Data (PDF)
Governors Highway Safety Association

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

NHTSA Traffic Safety Facts 2009 -- Early Edition (PDF)
National Highway Traffic Safety Administration

Discount retail club giant Costco has failed in its efforts to move a slip and fall injury lawsuit from the state of New York, where the accident victim resides, to Florida where the accident occurred.

News reports state that the slip and fall accident took place at a Costco store in North Miami, Florida, in 2009, when an elderly patron allegedly slipped on a beverage that was spilled on the floor. The accident victim sued Costco in her city of residence, Brooklyn, NY, stating that the fall caused her multiple injuries including spine and shoulder injury, requiring treatment by chiropractor.

Defendant Costco sought to move the slip / fall injury case to Florida, stating that it would be difficult to defend itself in New York (as store employees from Florida may need to be flown to New York for interviews etc.). However the New York State Supreme Court has denied Costco's request to move the case to Florida.

Miami, Florida slip and fall injury lawyers know that supermarkets, department stores, and other retailers may be held liable if a patron slips, trips, falls and gets injured. When a slip-fall injury occurs in a public establishment in Fla., it's best to consult an experienced personal injury attorney to advise you on your rights and whether you may have a case.

Wet floors that have not been cleaned up promptly are a common cause of patrons slipping, falling and injuring themselves in stores, hotels, restaurants, and other Florida establishments. The property owner is required to keep the premises in reasonably safe condition, and to alert patrons if and when a portion of the property is under construction or otherwise hazardous. Slip/trip/fall injuries can range from cuts and bruises to broken bones to head, neck and spine injuries, which can be quite serious, even fatal.

However there is a burden of proof in Florida regarding slip and fall injury cases in regards to premises liability and negligence. Effective July 1, 2010, Florida Statute 768.0755, titled "Premises liability for transitory foreign substances in a business establishment," states that: "If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it…."

This is why if you slip, trip and fall in a store or other public establishment in Florida and get hurt, it is always best to (1) Seek medical attention right away and document your injuries and (2) Get advice from an experienced Florida slip & fall injury attorney.

Related Miami, Florida Accident Attorney Articles:

Slip, Trip or Fall Accidents in Florida : Not All Cases Are the Same

Defendants Settle for $400,000 After Woman Injured in Fall Accident; Slipped on Wet Bathroom Floor in Florida Restaurant Hotel Chain

Juror Key to $505,000 Award in Florida Supermarket Slip-and-Fall Injury Case

Sources:

Costco can't move "I slipped on a slurpee" lawsuit
Reuters in SunSentinel.com Aug. 25, 2011

The 2011 Florida Statutes: Statute no. 768.0755
Premises liability for transitory foreign substances in a business establishment

News media in Fort Myers, Fla. report that a horrific single-car crash occurred during rush hour Tuesday, claiming the life of the driver.

According to media reports, the driver of a silver Ford Mustang spun out of control near the Edison Bridge in Ft. Myers, Florida. The single car crash took place shortly before 9 a.m. in the Northbound lanes. The vehicle reportedly struck some palm trees along the side of the bridge roadway, splitting the car in half. An off-duty Lee County, Florida EMT attempted to assist the driver, however news media later reported that the car accident victim died of his injuries.

Florida Highway Patrol continues to investigate this fatal auto accident in Fort Myers, Florida.

An experienced Fort Myers car accident injury lawyer knows that speeding on Florida highways and roadways can kill. Police investigating this traffic accident believe that speed may have been a factor in the driver losing control of the vehicle. The Edison Bridge was reportedly shut down for hours while Florida Highway Patrol investigated this fatal car accident.

Speed Related Traffic Accident Statistics for Florida

The U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA) published a report titled Traffic Safety Facts Florida 2005-2009 (see link below). The report states that of the 2,558 traffic accident deaths in Florida in 2009 -- 535 were speeding related fatalities.

These numbers show an overall decline in motor vehicle accident fatalities in Florida over the last few years: down from 3,518 in 2005 to 2,558 in 2009. Speeding-related car accident deaths also declined from a five-year high of 712 deaths in 2006, to the 535 deaths reported for 2009.

However as Ft Myers auto accident injury attorneys will tell you, even one death on our Florida roads, highways, and bridges is one too many. That death is more than a statistic when it's someone you care about.

Research has also shown that drinking and driving, combined with speed, is a deadly combination. Of the 2,558 auto accident deaths in Florida in 2009, 770 deaths involved drunk driving (i.e., alcohol impaired driving over the legal BAC limit of .08). In addition, 1,546 motor vehicle fatalities in Fla. that same year were single-vehicle crashes.

The state speed limit for highways in Florida is 55 to 60 on two-lane roads and 70 on freeways. Some states, such as New England states, have lower highway speed limits (65 mph), while some Mid-Western states such as Montana, Nebraska, and Nevada have higher highway speed limits (75 mph). It's worth noting that driving too slow can also be very dangerous and lead to serious traffic accidents in Fla.

As we've written about previously, some Florida cities are ranked among the most dangerous to drive in in the country, including Fort Lauderdale (see link to related article below). As always, your best bet is to drive defensively in Florida and within the posted speed limits.

Related Florida Accident Injury Attorney Article:

Fort Lauderdale, Florida Named Most Dangerous City to Drive In : Fatal Car Accidents Happen More Often Here (Aug. 11, 2001)

Sources:

Driver killed in Edison Bridge crash
WINK News Aug. 24, 2011

NHTSA Traffic Safety Facts Florida 2005 - 2009

Related Web Resource:

Florida Statutes 2011: Speeding
Online Sunshine: Official Site of the Florida Legislature

Another Labor Day Weekend is just around the corner. Visitors will flock to Palm Beach, Fort Lauderdale, Miami, and other South Florida hotspots to enjoy the last official break before fall kicks into gear. This means more Fla. residents and visitors will be relaxing with friends and family, taking advantage of the long holiday weekend. With any holiday comes increased traffic on Palm Beach County, Broward County, and Miami-Dade County highways, city streets, and beach roads -- as well as the danger of holiday celebrants drinking and driving.

As experienced West Palm Beach auto accident injury attorneys will attest -- drunk driving causes serious Florida car crashes that leave victims injured, paralyzed, and maimed. Drunken driving kills and changes lives forever.

While numbers of fatal drunk driving car crashes in Florida have been trending downwards (decreasing by 14 percent -- from 1,169 drunk driving deaths in 2008 to 1,004 drunken driving fatalities in 2009) -- even one fatality is one too many. (Source: Florida Traffic Safety Facts Oct. 2010, report compiled by the Florida Department of Highway Safety and Motor Vehicles.)

One car crash death is everything if you're a spouse, parent, child, or other loved one of the person killed due to someone else's reckless, aggressive, or alcohol-impaired driving in Florida.

This Labor Day Weekend, the Florida Highway Patrol has announced that it will be out in force to stop Florida drunk drivers before they hurt or kill themselves or anyone else in Florida DUI traffic accidents. FHP officers will be patrolling Florida interstates in an effort to spot and pull over suspected drunk drivers. Florida Highway Patrol joins other law enforcement agencies across the U.S. in taking part in the national Drive Sober or Get Pulled Over campaign, supported by NHTSA (the National Highway Traffic Safety Administration).

Florida Motorists Asked to Report Drunk & Aggressive Drivers
Have you ever been driving on I-95 or some other roadway in Palm Beach County, Broward County, Miami-Dade or elsewhere in South Florida -- and noticed someone driving erratically or recklessly? You could save a life by reporting an erratic driver in South Florida. Florida Highway Patrol is asking for the public's help over Labor Day weekend to apprehend aggressive and drunk drivers.

The public's assistance is sought in reporting erratic drivers who may in fact be driving under the influence of alcohol. To report an aggressive or erratic driver encountered on Florida roadways, motorists are asked to call *347 (*FHP) for help. The *347 program has been in effect since 1994 throughout Florida in hopes that Fla. motorists can assist law enforcement by reporting dangerous drivers. In addition, in Lee County and Palm Beach County, Florida, MADD (Mothers Against Drunk Drivers) has a program in place called Mobile Eyes Against Drunk Driving. If a Mobile-Eyes-911 call results in a DWI arrest, the caller receives a $100 reward.

Related Florida Accident Injury Attorney article:

Preventing Car Accidents in South Florida : Do You Report Erratic Drivers on the Road? (March 21, 2011)

Sources:

FHP plans holiday drunk-driving crackdown
Tampa Bay Online Aug. 19, 2011

FHP: Drive sober or get pulled over
Historic City News Aug. 22, 2011

MADD Mobile Eyes Against Drunk Driving Program

Anyone who says they haven't struggled to stay awake and alert while driving at some point in their lives probably isn't being entirely truthful. That's what coffee shops and rest stops along Florida highways are made for, right? Many if not most drivers have had the uncomfortable experience of driving while drowsy, downing the black coffee and rolling down the windows to stay alert on the road. Home -- and bed -- can't come soon enough.

Sleep deprived driving, can, in fact, be as dangerous as drunk driving, research studies show. The results of a British sleep study were described by CNN in 2000. The research showed that drivers who get behind the wheel after being awake for 17 to 19 hours performed worse than those with a blood alcohol level of .05 percent.

The study estimated that anywhere between 16 and 60 percent of traffic crashes may involve sleep deprived drivers. Drivers who have not had enough sleep can experience compromised motor skills, anxiety, and are more apt to make poor judgments and take unnecessary risks on the roads and highways.

People who drive long hours and long distances as part of their work, such as commercial truck drivers, are at risk of being in truck accidents due to sleep deprivation. The British study suggested that countries put sleep deprived driving laws in effect similar to the drunk driving laws we have here in Florida and the US. The study also found that emergency workers and people who work the night shift are also at risk for being in traffic accidents due to lack of sleep.

As a Fort Lauderdale truck accident injury lawyer knows from experience -- it's dangerous enough driving South Florida's congested highways, city streets, and back roads. Staying awake, alert, and sober is part of defensive driving, in the Sunshine State and across the US. Tractor trailer truck accidents on Florida interstates and roadways can be catastrophic, due to the sheer size of the vehicles. Driver judgment and performance are on the line, at all times -- for their own safety and that of the Fla. motorists sharing the roads with their large trucks.

Sleep experts and safety advocates have also suggested that truck drivers who suffer from sleep apnea (a breathing disorder that occurs during sleep, sometimes found in overweight people) may not be getting a good enough night's sleep to safely drive during the day. MSNBC reported that commercial truck accidents kill more than 5,200 people and injure more than 100,000 each year in the U.S.

The Federal Motor Carrier Safety Administration (FMCSA) has begun to look at the issue of sleep apnea and truck drivers, urging drivers to get tested by their doctors. The FMCSA sets regulations for how many hours commercial motor vehicle drivers may drive before taking a break; for example those hauling property (not persons) may drive a maximum of 11 hours following 10 consecutive hours off duty.

Sources:

Heavy, drowsy truckers pose risk on the road
MSNBC.com June 14, 2009

Sleep deprivation as bad as alcohol impairment, study suggests
CNN Health Sept. 20, 2000

Related Web Resources:

U.S. Department of Transportation, Federal Motor Carrier Safety Administration:

Spotlight on Sleep Apnea

Hours of Service Regulations

Have you or a family member been in a serious motor vehicle accident with injuries or fatality in Ft Lauderdale, Florida? If so, you're not alone. Fort Lauderdale has once again topped a list of the nation's most dangerous cities to drive in. This time, it's been named the number-one most dangerous city in the US for automobile accident fatalities.

CNBC has come out with a new report on the 15 most dangerous US cities for traffic crashes -- based on traffic fatality data from the National Highway Traffic Safety Administration (NHTSA). Fort Lauderdale, Florida was named number one, with other Fla. cities also making the list. They include Orlando (no. 2), Jacksonville (no. 11), and St. Petersburg (no. 12).

The report cites a number of factors that may make driving in Fort Lauderdale more dangerous, including senior citizen drivers who may be losing some of their driving judgment and skills; tourists driving in unfamiliar South Florida areas; Fort Lauderdale Spring Break students driving recklessly or driving intoxicated; and transplants from New York who may drive more aggressively. Distracted driving such as texting and talking on cell phones while driving have been cited as other factors leading to accidents by other traffic safety experts.

An experienced Ft Lauderdale car accident lawyer is familiar with the dangers of driving on our busy, crowded city streets. An injury attorney is also knowledgeable about driving laws as they relate to negligence, recklessness, and liability when a car accident with injury or death occurs in Broward County, Florida.

Fort Lauderdale, Florida Traffic Accident Fatality Statistics
Fort Lauderdale is a popular tourist and vacation destination. It's also topped various lists of "Most Dangerous US Cities for Drivers" as well as for pedestrian accidents for the last few years. CNBC reported that Ft Lauderdale has a population of 183,126. The total traffic accident fatality rate per 100,000 population is 22.39 -- the highest in the country. Total traffic accident deaths for Fort Lauderdale were reported at 41 -- and of those, 24.4 percent were pedestrian accident deaths.

By comparison, the overall Florida Traffic Accident Fatality Rate for the state is 13.6 per 100,000 population. That's an average of 7 traffic accident deaths in Florida every day. (Source: Florida Traffic Safety Facts October 2010: Fatalities, Florida Department of Highway Safety and Motor Vehicles) See links below to additional articles about the risks of driving and walking in Fort Lauderdale, Florida.

Related Florida Injury Attorney Articles:
Fort Lauderdale and Miami Florida Among Worst Cities for Pedestrian Traffic Accident Risks May 25, 2011

Driven to Distraction in Fort Lauderdale: Is Texting & Tweeting Behind the Wheel as Dangerous as Drinking and Driving? Dec. 14, 2010

Guardrails Could Prevent Florida Car Crashes into Canals and Drowning Deaths July 17, 2011

Sources:

Ft. Lauderdale Tops List Of Most Dangerous Cities To Drive
CBS Miami Aug. 11, 2011

15 Dangerous Cities for Driving
CNBC.com July 29, 2011

If you live in South Florida and own a small step stool that you purchased at a Target store, better check the brand. The U.S. Consumer Product Safety Commission (CPSC) has announced that retail giant Target is recalling wooden step stools that could break or collapse under the user's weight -- putting users at risk of injury from falls.

Consumer Reports reported that Target is recalling more than 200,000 wooden step stools after consumers complained of falling accidents when the products malfunctioned and collapsed. The wooden step stools came in red and honey colors, featured a storage compartment, and were sold under the brands Circo and Do Your Room (DYR) at Target between 2007 and 2010.

According to Consumer Reports, Target has received 26 reports of the stools breaking or collapsing: 14 incidents involved children, 7 involved adults, and in 5 of the cases, the age of the fall accident victims was unknown. These product-related falling accidents resulted in people receiving bruises, scrapes, and broken bones, including a woman who fractured her hip and pelvis. Target has promised a refund to anyone who purchased one of the affected foot stools. (See article link below for list of product numbers and how to contact Target with questions.)

A Fort Lauderdale, Florida Product Liability lawyer stays current on product safety recalls that may affect consumers in South Florida. Fla. personal injury attorneys who work in the area of product and premises liability and slip, trip and fall accidents may provide legal representation to families where someone has been injured or killed in a fall.

Slip and fall accidents -- including falls off step stools and ladders -- can cause serious, life-changing injuries, including broken bones and head, neck, and back injuries. Senior citizens are particularly at risk for injuring themselves in a fall, as their bones are often frail and thin. Bone breaks in seniors can be devastating, even deadly (risk of falls in Florida nursing homes is always a concern for our Fla. senior citizens). A fall even from the relatively low height of a step stool is enough to cause broken bones and other injuries, as is the case in the consumer reports of product-related injury to Target.

Consumer product recalls are, unfortunately, not uncommon. A visit to the Target website reveals a section devoted to consumer product recalls in multiple categories -- including children's clothing, baby formula, pet food, electronics, defective pharmaceutical products, and toys (see link below).

The U.S. Consumer Product Safety Commission website maintains an extensive, searchable database of consumer product safety recalls in multiple categories. You may also sign up for email alerts regarding consumer product safety recalls -- and you may report a product that you believe is unsafe in your home for your family to use. The CPSC reports on a myriad of consumer issues, such as swimming pool safety and drowning risk, problems with drywall (a documented and serious problem with toxic building materials in South Florida -- see article link below), and defective cribs and other children's products.

Related Florida Accident Attorney Articles:

Slip, Trip or Fall Accidents in Florida : Not All Cases Are the Same

Florida Safety Group Issues List of Dangerous Holiday Toys for 2010 : Product Liability Issues and Hazards to Children Cited

Florida Homeowners Defective Drywall Nightmare Continues; U.S. Manufacturers Named in Lawsuits

Sources:

Target recalls step stools for fall hazard
Consumer Reports Aug. 4, 2011

Target Recalls Step Stools with Storage Due to Fall Hazard
U.S. Consumer Product Safety Commission Press Release Aug. 4, 2011

Related Web Resources:

Target Product Safety & Recalls

US Consumer Product Safety Commission homepage

According to Fort Lauderdale, Florida news reports, a man has been killed at a railroad crossing south of Broward Boulevard.

The fatal pedestrian accident reportedly involved a freight train and a man on foot near Southwest 2nd Street in Ft. Lauderdale. Florida East Coast Railway crossings in the vicinity were closed while the accident was being investigated. No further information was available about this fatal pedestrian accident.

Railroad crossings can be hazardous sites for both pedestrians and motor vehicles. Pedestrians who walk along railroad tracks are at risk of being struck: The Federal Railroad Administration Office of Safety Analysis reports 48 "trespasser casualties" (fatalities and injuries) in Florida for 2010 -- up from 27 trespasser casualties in 2009. (The data excludes highway / rail crossings.)

Other types of Florida train and pedestrian accidents include rail yard workers and other rail employees who are struck by trains, as well as passengers getting on and off of commuter and passenger trains at railway stops and in train stations.

The railroad industry has safety measures in place to warn both pedestrians and motor vehicles of approaching trains. These include the use of train whistles, horns, and bells; flashing lights, and gates which are lowered as the train approaches. When automobile drivers attempt to race through closing railroad crossing gates -- or go around them -- the results can be catastrophic.

Families may consult Fort Lauderdale pedestrian accident lawyers when an accident between a pedestrian and a car, truck, train or bus occurs, to help determine liability. An experienced Florida accident injury attorney knows the laws and how they relate to liability when pedestrian accidents with motor vehicles or trains or buses take place.

Pedestrian and Railroad Crossing Safety
In 2008, President George W. Bush signed into law the Rail Safety Improvement Act (RSIA), which contains 10 safety initiatives related to grade crossing safety and trespass prevention. A related report by the Federal Railroad Administration (FRA) shows examples of other pedestrian safety measures in place at some railroad crossings and train stops.

These safety measures include fencing along platform edges (to discourage "fence jumping" shortcuts), plantings, and other barriers; brightly colored paint (that may be seen by the visually impaired); and grading that differentiates the railroad tracks from places that are designated for pedestrian crossing. Some passenger station platforms include display signs that indicate when other trains are coming. Other signage may warn pedestrians, indicate where they should walk, and remind them to be on the lookout for moving trains. The FRA points out the importance of brightly colored, well maintained safety signage to help guide and educate passengers and pedestrians.

The organization also advocates for public outreach and education to help keep pedestrians and motor vehicle occupants safe at railroad crossings. No further information was available regarding the circumstances surrounding today's fatal pedestrian accident at a Fort Lauderdale, Florida train crossing.

Related Florida Accident Injury Attorney article:

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

Sources:

15 Fort Lauderdale intersections reopened after fatality on railroad tracks closed streets for two hours
SunSentinel.com Aug. 2, 2011

Federal Railroad Administration: Office of Safety Analysis

Pedestrian Crossing Safety at or Near Passenger Stations (PDF)
U.S. Department of Transportation, Federal Railroad Administration, Dec. 2010

Related Web Resources:

Florida East Coast Railway

Federal Railroad Administration: Railroad Safety