Florida Accident Attorney Blog

Another Halloween is upon us. South Florida's kids will take to the streets in droves dressed as ghosts, ghouls, witches, vampires, zombies, and other scary beings. We'll probably see a few fairy princesses and cowboys, too. Going door-to-door to Trick or Treat is a cherished childhood tradition. Kids enjoy scaring each other -- and the adults who go along with the gag and pretend to be scared.

However, as child safety advocates point out, the real scares on Halloween night don't come from the goofy costumes. They come from the increased risk of pedestrian traffic accidents.

A Plantation, Florida car accident injury lawyer will tell you -- the combination of children, in dark costumes, dashing across the street at night increases the risk for serious or fatal pedestrian traffic accidents. In addition, adults who are out drinking and partying on Halloween night add a potentially deadly factor to the already dangerous mix of kids out in the streets after dark. The chance of Florida drunk driving crashes increases on holidays where parties are thrown, alcohol is consumed, and people who shouldn't get behind the wheel and drive.

Mothers Against Drunk Drivers (MADD) posted an article on the risks for children who go out after dark to celebrate Halloween and engage in trick or treating. MADD quotes a frightening statistic from the National Highway Traffic Safety Administration (NHTSA):

[O]n Halloween night in 2009, 48 percent of all highway fatalities across the nation involved a driver or a motorcycle rider with a BAC of .08 or higher.

MADD reminds drivers to be extra careful of children in the street on Halloween night. Parents are also urged to accompany children (particularly young ones), to give children flashlights to carry, and to put reflective tape on treat buckets and costumes. In addition, MADD makes recommendations for adults to host safe parties (see link below) and reminds people never to serve minors alcohol, on Halloween or any other night.

In addition, the Florida Highway Patrol (FHP) posts Halloween safety tips on the Florida DHSMV website (link below). FHP reminds motorists to be extra cautious to avoid pedestrian traffic accidents, stating that Florida neighborhoods that might not normally see a lot of pedestrian foot traffic may see more on Halloween night. In addition, the FHP reminds drivers to go SLOW and watch for children darting in and out of parked cars along the street.

As Broward County, Florida pedestrian accident attorneys AND parents ourselves -- we know that Halloween is a special time for children. Adults -- both drivers and parents -- are cautioned not to let their guard down, despite the festivity of the costumes and candy. It's an extra hazardous time to be driving and walking during Trick or Treat on Florida streets and roads. Please drive safe and keep your children safe this Halloween.

Related Florida Accident Injury Attorney article:

Lee County, Florida Pedestrians at Greater Risk of Injury and Death in Traffic Accidents than in Other Communities (June 27, 2011)

Sources:

Ghosts and goblins are not the scariest part of Halloween
MADD Oct. 28, 2011

Florida Halloween Safety Tips
Florida Department of Highway Safety and Motor Vehicles

MADD Safe Party Guide

Remember the defective tire recalls of several years ago? At the time, faulty tires were blamed for contributing to several serious and fatal SUV rollover accidents in the US.

Aside from the issue of tire defects… SUVs -- aka sport utility vehicles -- were generally thought to be prone to roll-over crashes due to the tall, top-heavy design of some makes and models. Now insurance industry analysts have released reports stating that SUVs are in fact safer today than they were when they first gained widespread popularity in the market.

The Insurance Institute for Highway Safety (IIHS) believes that improved stability controls have made today's SUVs safer on the roadways. Electronic stability controls help the brakes and the engine work together to keep the auto safely on the road. Deadly SUV roll-over accidents have occurred when the vehicle drivers lost control or turned abruptly, causing the SUVs to suddenly flip over and roll. USA Today reported that,

"The death rate for SUV drivers dropped 66% from 82 per million vehicles for 1999-2002 models to 28 per million for 2005-2008 models."

When an SUV or other auto crash with injury or death occurs, families may consult with an Orlando car accident injury lawyer. An accident attorney who is familiar with Florida laws, the courts system, and the insurance industry is in a position to work with clients in determining whether they may have a case or claim against a responsible party.

Last month, the IIHS released a newsletter article stating reasons for why SUVs pose less of a threat to other motorists on the road today than in prior years: "The researchers attribute much of this change to two things: improved crash protection in the cars and minivans, thanks to side airbags and stronger structures, and newer designs of SUVs and pickups that make the energy-absorbing structures of their front ends line up with those of cars" (i.e., improved bumper design and height).

While SUVs may have become safer for drivers and passengers, today's smaller cars have not kept pace with the SUVs' rate of improvements. A wave of new compact and subcompact cars has hit the US automotive market -- largely due to increasing gas prices and consumer demand to save money at the pumps. USA Today reported that while death rates for small cars involved in crashes has improved, the safety gains do not match those of SUVs:

The death rate for drivers of small, four-door cars was 72 per million vehicles for 2005-2008 models, down 35% from 110 per million in 1999-2002 models.

An IIHS report quoted in USA Today stated that "drivers of small cars are almost three times more likely to die in a collision than in a rollover."

A related article in AOL Autos points out that SUVs and other larger motor vehicles are becoming more fuel efficient —and for Americans who aren't petite people, they provide ample legroom, headroom, and comfort. The AOL report suggests that some full-sized U.S. drivers might simply be too big to squeeze themselves comfortably into micro-sized subcompact cars.

Sources:

SUVs safer than ever, but small cars still perilous
USA Today Cars June 9, 2011

Big and Little (PDF)
IIHS Status Report Vol. 46, No. 8, Sept. 28, 2011

Are Americans Too Big To Drive Small?
AOL Autos May 24, 2011

ABC Action News reports that the Florida Department of Highway Safety and Motor Vehicles has revoked thousands of Florida drivers licenses out of concern that drivers with physical or mental impairments pose a risk for causing serious or fatal motor vehicle accidents. Florida has in fact ramped up efforts to get such potentially dangerous drivers off the road -- revoking 7,716 Fla. drivers' licenses for medical reasons in 2010, compared to 3,559 licenses pulled for the same reasons in 2000. Many of these drivers are elderly drivers in Florida.

As a West Palm Beach car accident injury lawyer knows from working with injured and grieving clients, Florida highway and city driving can be hazardous. Our city streets are congested, and our highways are heavily travelled by tourists and other visitors, in addition to our residents. Florida's aging population poses a particular public safety concern for driving in Florida. As people age, their motor skills and reflex reactions slow, challenging senior drivers to respond swiftly and safely when something unexpected happens on a Florida city street or interstate.

The South Florida Sun Sentinel published an article revealing a little-known Florida law, which allows people to report Fla. drivers whom they believe pose a safety risk to other motorists and pedestrians in Florida. The newspaper reported that the increase in Florida DHSMV driver's license revocations is in large part due to family members reporting their loved ones as unfit to safely drive. Other tips on unsafe drivers come from the general public.

In addition to the 7,716 Florida driver's licenses revoked for medical reasons, the Sun Sentinel reports another 6,559 licenses were revoked by medical review last year for drivers failing the Florida vision test or not submitting a vision report. (Fla. law requires drivers over age 80 to submit to an eye test every six years.) The news source reports that statistically, senior citizens in Florida and the U.S. are involved in fewer accidents compared to younger people. However concern for senior driving safety exists in Florida due to the aging Baby Boomer population.

Senior citizens comprise a large percentage of the South Florida population, including those in retirement and life care communities, as well as Florida nursing homes. (The Sun Sentinel reports a Census figure of nearly one in five Floridians being over age 65.) We all cherish and respect our Florida seniors. It's a tough call for any family to decide if and when a mother or father, grandmother or grandfather, is no longer able to safely take a car out and drive on Florida roadways.

Physical as well as cognitive impairments, which may be brought about due to conditions such as dementia or taking medications, can seriously impact a senior citizen's ability to safely handle an automobile. No one likes to hear stories about a senior citizen driver who mistakenly hit the gas pedal rather than the brakes, and drove through a storefront window or into a crowd of pedestrians. Sadly, these types of Florida traffic and pedestrian accidents can and do happen -- forever changing the lives of both the victims and the drivers responsible.

Related Florida Injury Attorney articles:

Speed Kills on Florida Highways -- But Slow Driving in Left Lane Also a Safety Hazard, Lawmakers Say (Oct. 5, 2011)

South Florida Driving Safety & Senior Citizens : NTSB Conference Looks at Elderly Driving and Car Accidents (Nov. 10, 2010)

Sources:

Florida driver's license revocations spike
Associated Press via ABC Action News Oct. 23, 2011

State is taking more Floridians off the road as population ages
Sun Sentinel Oct. 21, 2011

Florida is among states observing National School Bus Safety Week, which takes place Oct. 17 - 21, 2011. As an experienced Fort Lauderdale car accident injury lawyer knows -- children are at increased risk of being injured or killed in motor vehicle crashes that occur around school buses and in school zones. Youth are particularly vulnerable getting on and off the school bus, as well as walking to and from school.

The "Stop on Red, Kids Ahead" public awareness campaign is a joint effort of the Florida Departments of Education, Transportation, and Highway Safety and Motor Vehicles. The Florida Department of Highway Safety and Motor Vehicles (FLDHSMV) reports that every year, drivers in Fla. illegally pass school buses some two million times. The Fla. agency website states that…

Drivers who improperly pass a stopped school bus commit a moving violation subject to citation and will be required to complete a basic Driver Improvement Course upon conviction.

A few seconds of inconvenience is a small price to pay to avoid injuring or killing a child in a Florida pedestrian accident. Some confusion exists surrounding Florida traffic law and school buses. A school bus whose yellow lights are flashing indicates that it is preparing to stop. The red lights begin flashing when the bus comes to a stop, at which point the bus safety arms and STOP sign are extended.

Florida law requires that all cars and trucks behind the schoolbus must come to a complete stop, regardless of which lane the other motor vehicles are in. Oncoming traffic must also stop. This holds true for two-lane and multi-lane paved roadways in Florida. The only time oncoming traffic may proceed with caution is on Florida roadways with a raised or unpaved barrier or median in the middle of the road, at least five feet in width, separating the lanes of traffic. Even so, oncoming drivers are cautioned to proceed very carefully, given children getting on and off school buses may be rushing to cross the street.

School buses in the U.S. transport more than 25 million students. Sadly, an annual 15 traffic accident fatalities occur at school bus stops every year in this country. The School Bus Safety Week campaign seeks to remind drivers in Florida and across the country to be aware of their surroundings, to stop for stopped school buses in accordance with traffic law, and to use extra care when driving near a school bus.

Florida Highway Patrol reports that each time a driver illegally passes a stopped school bus, they risk a student pedestrian traffic accident injury or fatality. A disturbing article in the Florida Times Union revealed that Fla. schoolbus drivers surveyed report that a great number of Florida motorists routinely pass their stopped school buses in spite of the law -- and the risk to our state's children and youth. Law enforcement will be monitoring traffic around school buses to stop drivers who are breaking the law and putting our children's lives and well being at risk.

Related Florida Injury Attorney article:

Fort Myers Teen Pedestrian Accident Raises Questions about Florida School Drop Off Safety (Sept. 24, 2011)

Sources:

Florida School Bus Safety: website and video

Florida motorists disregarding school bus safety laws
State survey gauges illegal passing as students board and step off
Florida Times Union via Jacksonville.com Oct. 17, 2011

Related Web Resources:

Florida Department of Highway Safety and Motor Vehicles

NHTSA Think Safe, Ride Safe, Be Safe! – Traffic Safety Campaign (for parents)

The National Highway Traffic Safety Administration (NHTSA), Office of Defects Investigation, released its automotive equipment, tires, and vehicle safety recall list for Sept. 2011 on the Safercar.gov website.

There were no recalls for defective tires for the month of September. However a number of makes and models of cars, trucks, and SUVs, as well as commercial trucks and equipment, made the list. Are any of these vehicles parked in your South Florida driveway? Sept. automotive safety recalls include certain models of…

> Volkswagen Jetta sedans 2011 - 2012 for stainless steel exhaust tips which extend outwards too far, posing a burning risk if someone were to come in contact with them.

> Honda 2006 CR-V passenger cars for a problem with the driver's side power window switch, which could cause the window's up and down motion to fail; NHTSA also lists a melting hazard, which could cause smoking and/or burning.

> Honda 2011 CR-Z for a problem with the engine control unit (ECU) software, which may cause the hybrid system's electrical motor to move the vehicle unexpectedly in the opposite direction, which could lead to a car crash and personal injury to pedestrians or others in the path of the vehicle.

> Volvo Trucks VNL and VNM 2011-2012 for a problem with the fifth wheel lock, which could compromise the trailer security, posing risk for the trailer coming loose and resulting in a truck accident.

> Subaru Impreza years 2002 - 2007 and Subaru Forester years 2003 - 2008 over concern that front lower control arms may break at the hanger brackets due to corrosion if the hanger bracket is exposed to salty and humid environments such as roads containing snow melting agent. (While snow is obviously not a concern in Florida, Subaru owners who purchased vehicles in Northeastern and Midwestern snow belt states may be affected.)

Experienced Fort Myers, Florida tire and auto defect attorneys stay current on consumer safety recalls such as these. Vehicle safety recalls may be initiated by the auto manufacturer themselves or ordered by the National Highway Traffic Safety Administration, which tracks safety recalls. Manufacturers are obligated to attempt to notify consumers when motor vehicle recalls including their vehicles or equipment take place. Personal injury lawyers in Fla. who handle car accident cases are familiar with laws related to consumer protection and product liability -- including automotive product safety and vehicle recalls.

When you get behind the wheel of your car, minivan, SUV, or pickup truck in Florida, you expect it to operate safely. Motor vehicle safety recalls are intended to notify consumers when a safety hazard may exist in their vehicle -- so the manufacturer can offer a repair before a defect causes an auto accident to happen.

The cars and trucks listed above represent just a portion of the vehicles listed by NHTSA under Safety Recalls for last month. You can download a PDF of the full list of auto equipment and vehicle recalls for Sept. 2011 and subscribe to email alerts for your vehicle via the NHTSA site. See links below.

Related Florida Accident Attorney Article:

Florida Tire Safety : NHTSA Releases Consumer Guide to Uniform Tire Quality Grading (Sept. 19, 2011)

Source:

NHTSA, Office of Defects Investigation, Safercar.gov:
Monthly Recall Report : Sept. 2011 (PDF)

Related Web Resource:

NHTSA : Safety Recalls (portal)
Search product safety recalls (including equipment, vehicles, child car seats, and tires) and/or subscribe via email or RSS

Have you ever driven on Florida I-95 or another heavily travelled Sunshine State highway -- and suddenly encountered a driver going way too slow, causing other cars to come up fast behind them (posing a risk for rear-end collision) and frustrated drivers to weave in and out of traffic dangerously?

A Miami - Ft. Lauderdale car accident injury lawyer is all too familiar with the devastation one wrong move on a Florida highway can create. Speed is, indeed, a factor in roughly one out of five fatal Florida car accidents (source: NHTSA Traffic Safety Facts Florida). However some lawmakers in Florida have been working to pass legislation that would make driving too slowly in the left lane on Fla. highways a ticketable offense with a hefty fine.

Fox News reported that Florida Senator Michael S. "Mike" Bennett (R - Fla.) wants law enforcers to crack down on slow drivers in the passing lane. The senator told the media outlet that if the driving public were better educated about the purpose of each of the three highway lanes -- i.e., the left lane is for passing, the middle lane is for normal driving, and the right lane is for exiting -- that Florida wouldn't need to expand lanes on so many of its highways. Bennett also wants Fla. police to be able to ticket drivers going too slow in the left lane and obstructing the flow of traffic. If that were the case, Florida would join other states such as Louisiana, Georgia, Virginia, and Maryland where police are allowed to ticket drivers going too slow. (See link to news video interviewing the senator below.)

In April, the Florida Senate approved a bill which would have allowed the ticketing of drivers impeding flow of traffic in the left lane and imposing a fine of $143. However the related Florida House bill (HB 177 -- Motor Vehicles by Democratic Rep Jeff Clemens from District 89) died in the Transportation & Highway Safety Subcommittee. Sen. Bennett's related CS/CS/SB 244 Motor Vehicles / Highway Safety Act also died in messages in May. (See links to Fla. legislation summaries below.)

According to news coverage, some opposing lawmakers voiced concerns that if such legislation passed, some drivers would be penalized for driving within the Florida speed limit -- despite other lawmakers' views that driving too slow in the passing lane itself can lead to deadly car crashes.

In Florida, there is always a concern about our population of senior citizens (including those in retirement communities and nursing homes) and their abilities to continue driving safely. As their physical reaction times slow with age, so too does their driving speed. That could pose a traffic accident risk for them and other motorists on Florida streets and highways. See links to related news stories and other articles and resources, below.

Related Florida Accident Attorney article:

AAA Study Shows Slow Driving Speeds Deadly in Pedestrian Traffic Accidents

Sources:

Driving Too Slow? Get Off the Road (video)
Florida lawmaker wants police to ticket drivers who impede traffic flow
Fox News Aug 30, 2011

Senator: No more left lane slow drivers
MyFox Orlando Sept. 5, 2011

Driving slow in left lane could get you a ticket in Florida
Jacksonville.com April 4, 2011

Related Web Resources:

Florida House of Representatives:

HB 177 to Create a Highway Safety Act

CS/CS/SB 244 Motor Vehicles / Highway Safety Act

Senior Driving: Safety Tips, Warning Signs, and Knowing When to Stop

As experienced Miami pedestrian accident injury lawyers, we're all too aware that speed is a deadly factor in a large percentage of fatal Florida traffic accidents. NHTSA Traffic Safety Facts Florida 2004 - 2008 reported that of the 2,978 traffic fatalities in Florida in 2008, speeding was a factor in 553 of those Fla. roadway deaths.

However a new report issued by the AAA Foundation found that driving at relatively slow speeds in urban areas with heavy foot traffic -- such as Miami, Florida -- can also can serious bodily injuries and prove fatal when pedestrians are struck by motor vehicles in traffic accidents.

The report, titled Impact Speed and a Pedestrian’s Risk of Severe Injury or Death (see link to PDF below), showed that pedestrian accident injury and death rates go up when slower driving speeds increase even incrementally. A spokesperson for the AAA Foundation for Traffic Safety told the media that, "The death rate more than doubles for pedestrians when speed increases from 25 to 35 m.p.h…." Other study data reveals how the seriousness of pedestrian traffic accident injuries as well as the risk of death increases with the offending driver's speed:

Results show that the average risk of severe injury for a pedestrian struck by a vehicle reaches 10% at an impact speed of 16 mph, 25% at 23 mph, 50% at 31 mph, 75% at 39 mph, and 90% at 46 mph. The average risk of death for a pedestrian reaches 10% at an impact speed of 23 mph, 25% at 32 mph, 50% at 42 mph, 75% at 50 mph, and 90% at 58 mph. Risks vary significantly by age. For example, the average risk of severe injury or death for a 70‐year‐old pedestrian struck by a car travelling at 25 mph is similar to the risk for a 30‐year‐old pedestrian struck at 35 mph.

The study authors say that nationally, pedestrian traffic accident deaths have declined in recent years. This is also true in Florida, where pedestrian traffic fatalities numbered at 490 in 2008, representing a five-year low. Yet as a state and a country, we still have far to go to make our streets safer for pedestrians and bicyclists.

One important takeaway message from the report is that even slower speeds are deadly when pedestrians are struck by cars, light trucks, SUVs, and vans on our city streets and roadways. The injury and death risk also goes up for elderly pedestrians -- always a concern in Florida given our large population of senior citizens. See link below to full report and study recommendations.

Related Florida Accident Attorney Articles:

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

Florida Pedestrian Killed in Miami Traffic Accident : Bus Driver Faces Charges (Feb. 12, 2011)

Sources:

Impact Speed and a Pedestrian’s Risk of Severe Injury or Death (PDF)
AAA Foundation Report Sept. 2011

In Crashes, Low Driving Speed Can Cause Serious Injury and Death to Pedestrians, Report Finds
Forbes.com Sept. 30, 2011