Florida Accident Attorney Blog

Florida Governor Charlie Crist says he would approve a ban on texting while driving in the Sunshine State if pending highway safety legislation passes, according to a report this week in a Fort Myers, Florida news outlet.

Distracted-driving traffic accidents in Florida cause injury and death on our highways and streets. The problem of drivers talking on cell phones and typing text messages is a major concern among Florida and national safety advocates:

> Currently 19 states ban all drivers from texting while driving, while another 9 ban the practice for youth-aged drivers.

> The U.S. Dept. of Transportation also banned texting while driving for commercial vehicles, in an effort to cut down on bus and truck accidents.

> President Obama banned Federal employees from texting while driving.

The pending Florida highway safety legislation (SB 328 and HB 323) is one of several highway-safety bills targeting distracted driving in Florida. If passed, drivers caught texting while driving would be subject to fines. Texting while driving has become a more serious and dangerous traffic safety problem, as more and more people -- including teenagers -- use cell phones and hand-held devices to type and send each other text messages. Fatal car accidents have been linked to texting while driving. The National Safety Council (NSC) estimates that 1.6 million traffic crashes annually -- or 28% of all auto crashes -- are caused by cell phone use or texting while driving.

Fort Myers car accident injury lawyers are well aware of what can happen when drivers take their eyes off the road in South Florida, even for just an instant.

The risk of causing a serious traffic accident increases when drivers are doing other things and not paying attention to what's around them. Florida's busy interstates, highways and city streets are challenging enough for drivers. Texting is an example of how technologies that bring convenience to our automobiles -- when used while driving -- can cause serious car crashes, injury, and death.

Florida legislators propose fines for drivers who text
News-Press.com Feb. 9, 2010

Related Web Resources

National Safety Council: Distracted Driving

Distracted Driving: National Highway Traffic Safety Administration

An Illinois resident originally from North Fort Myers, Florida was sentenced to 2 years in prison following a pedestrian car accident that left a Cape Coral boy with serious injuries.

According to news reports, three-year old Gage Root suffered several broken bones and other serious injuries in Oct. of 2008, when he jumped out of a child's wagon being pulled by his aunt and ran across a construction site on Del Prado Blvd near Kismet Pkway. The boy was struck and dragged by a vehicle that did not stop at the accident scene. Police identified the maroon Lincoln involved in the Florida hit-and-run crash as belonging to Kenneth W. Upmann, 43.

News reports state that Upmann had left Florida during the police investigation, but tips led authorities to his location in Warren, Illinois. He was extradited back to Florida. Last week, a Lee Circuit Court judge gave Upmann a plea deal of two years in prison and three years probation.

Fort Myers pedestrian accident lawyers follow cases such as this where people out for a walk in Florida are seriously injured or killed by hit and run drivers.

Construction zone accidents are unfortunately not all that uncommon. Safety advocates advise pedestrians, motorists, police, flaggers and road workers at construction sites to use extra caution to avoid car-pedestrian accidents.

(See related blog entry Report Sheds Light on South Florida Highway Construction Zone Accidents & Deaths).

Man accused of running over Cape Coral boy strikes plea deal
News-Press.com Jan. 14, 2010

Suspect in Hit-and-Run Accident from October Arrested in Illinois
CapeCoral.net May 8, 2009

This past week has been particularly dangerous and deadly on Fort Myers, Florida, area roads and highways. Florida Highway Patrol and news sources reported the following traffic accidents:

• On Tuesday, a car accident with a school bus occurred in Fort Myers Shores at Parkview and 5th Street, injuring three students and the bus driver. The driver of the motor vehicle that struck the schoolbus faces charges.
• On Monday, Nicholas Contessa, age 58, of Fort Myers, Florida, was killed on I-75 when he lost control of his vehicle following a tire blowout accident. The victim's car was the only vehicle involved in this fatal Florida highway rollover accident.
• Last Friday, a pedestrian was killed in North Fort Myers, Florida, in a hit-and-run accident on West North Shore Ave and Business 41; police were seeking the driver of a white van.

Fort Myers, Florida car accident lawyers may be consulted in cases where negligent or reckless driving may have contributed to serious traffic accidents resulting in injury or death.

Accident in Fort Myers Shores injures four
NBC-2.com Jan. 12, 2010

Victim in fatal Fort Myers I-75 crash identified
NewsPress.com Jan. 11, 2010

One person dead in North Fort Myers accident
NBC-2.com Jan. 8, 20108

Anyone who has driven on South Florida's interstates and highways knows the going can be risky, particularly during heavy commuter traffic and at night -- where the combination of speed and volume can lead to accidents. Now, The New York Times has done a report highlighting how highway construction zones pose additional hazards that can cause both serious Florida traffic accidents and motorist and construction worker injury or death.

According to the report, highway construction zone accidents are sometimes caused by driver error, with speed, driving under the influence, and other forms of reckless driving to blame. Highway construction sites often involve lane reductions, cones, concrete barriers, and other unexpected obstacles -- as well as construction workers in or near the road and construction equipment. Drivers who fail to safely slow down and move over or negotiate a highway construction site can cause serious and fatal accidents involving motorists, police on detail, and the construction workers themselves.

The report also points to highway construction company liability, citing a 2007 crash in Sarasota, Florida, where a "rolling roadblock" for work being done on Interstate 75 resulted in 10 people injured and 2 motorists killed in a single night. The report discusses how highway construction sites are managed, how traffic is flowed around them, and the actual road conditions created during highway construction. All can cause hazards that can be deadly if a car or truck accident occurs in the construction zone.

Florida highway traffic accident lawyers are knowledgeable about driving laws and safety regulations designed to keep motorists, construction workers, law enforcement, and emergency personnel safe on Florida's highways.

Fatal Florida I-95 Construction Zone Accident Investigation Continues
Barely a week after The Times report was published, a four-car crash occurred on Florida I-95 at a highway construction site that left James Toles IV, 19, of Savannah, Georgia, dead and Michael Jones, 18, of Macon, Georgia, seriously injured. Four others were hospitalized. Florida Highway Patrol stated that conditions in the construction zone did not cause the crash, though it appears some victims got outside their vehicles and were struck by other vehicles that came upon the crash scene. The initial crash involved two vehicles including a Saturn that ended up straddling a concrete barrier. The investigation into the accident continues.

Efforts Lag to Improve Safety at Work Zones
NewYorkTimes.com Dec. 22, 2009

Danger in the cone zone
Inadequate review of road construction increases risks
HeraldTribune.com Dec. 26, 2009

Deadly I-95 wreck probe continues
Florida Today Dec. 30, 2009

A Fort Myers, Florida traffic accident involving a school bus claimed the lives of two men last week. According to the Miami Herald, on the morning of Thurs. Dec. 3, Adrian Nunez-Romero, age 30, and Elfego Mercado-Quintana, age 28, were killed when their vehicle struck a school bus.

The Herald reported this was the area's second fatal accident involving a school bus in just more than a week, and at least the third schoolbus accident to happen that week.

On Mon. Nov. 30, another Ft Myers traffic accident sent a trainee school bus driver to the hospital with work-related injuries. No further details were available on these South Florida motor vehicle crashes involving schoolbuses.

Florida School Bus Safety
Fort Myers, Fla. truck accident lawyers are knowledgeable about safety regulations governing the operation of commercial motor vehicles, including school buses used to transport children and teenagers to and from school. School buses are also sometimes used to transport other non-school groups, such as senior citizens and church groups.

School bus safety is always a concern for Florida parents, as young children getting on and off the schoolbus may be more vulnerable to car and pedestrian accidents.

2 men killed in Fort Myers crash with school bus
Associated Press, Miami Herald Dec. 4, 2009

Related Web Resources

NHTSA School Bus Safety Program

School Bus Information Council

Florida Weekly published a report stating that Charlotte County and Lee County, Florida, are among the most dangerous places in the nation for motor vehicle / bicycle accidents and pedestrian accidents. The article states that, "Traveling without a motor vehicle here can be more dangerous than almost anywhere else in the United States...."

The author, who references Transportation for America's recently released "Dangerous by Design" traffic engineering report, quotes a number of Floridians involved in Southwest Florida pedestrian accidents as well as car and bike accidents.

The "Dangerous by Design" study examined safety issues on roadways that were designed for motor vehicles but not for other vehicles (such as bicycles) or walkers. Florida Weekly cites some sobering facts that emerged from the study...

> Of the 360 most dangerous places for cyclists and walkers in the U.S. -- Lee County, Florida, is no. 23.

> Though it's the safest urban place to walk in Southwest Florida, the Naples-Marco Island region is still twice as deadly for pedestrians when compared to the national average.

> Charlotte County, Florida is the most dangerous place in the state to travel on foot.

In their work with injured people and bereaved families, Fort Myers, Florida car accident lawyers witness the tragic results of what can happen when car, SUV, van, or truck accidents involve bicyclists or pedestrians.

The BikeWalkLee group seeks to make Lee County, Florida streets safer for those on bicycles or on foot by urging transportation planners to finish street construction with bike paths, sidewalks, and signage that promote safe travel for all. The group's website states that, "Florida is ranked #1 in the nation for both bicycle and pedestrian fatalities per capita in 2007." Florida pedestrian deaths caused by motor vehicle accidents amounted to 490 deaths in 2008 and 530 deaths in 2007 (National Highway Traffic Safety Administration, Traffic Safety Facts Florida 2004 - 2008).

Southwest Florida's Deadly Streets
FloridaWeekly.com Dec. 3, 2009

Related Web Resources

Transportation for America: Dangerous by Design

BikeWalkLee

West Palm Beach and Delray Beach, Florida were the sites of two separate fatal traffic accidents that claimed the lives of two elderly Florida pedestrians within a 24-hour period.

According to news reports, on Weds. Nov. 12, Mona Radowsky of West Palm Beach, Florida, whose age has been reported as 81 or 91, was struck by a Toyota as she walked north across the westbound lanes of Okeechobee Blvd. This car - pedestrian accident occurred around 6:30 p.m. in the evening.

On the evening of Tues. Nov. 11, Charles Meyer of Delray Beach -- an Alzheimer's patient who had been reported missing shortly before the accident -- was struck and killed by a northbound Chrysler that had a green light. News reports state that Mr. Meyer was walking across the intersection of South Military Trail and Via Del Ray.

A West Palm Beach car accident lawyer is familiar with Florida traffic laws and safety regulations designed to keep pedestrians safe. No further details were available on these two fatal Florida car and pedestrian accidents.

Florida Traffic and Pedestrian Accident Statistics
According to NHTSA Traffic Safety Facts Florida 2004-2008, of the total 2,978 state traffic deaths in 2008, 490 were pedestrian fatalities. This statistic was down from 530 pedestrian traffic fatalities in 2007. NHTSA reports that in 2007, older people (over age 65) represented 19 percent of all pedestrian fatalities (NHTSA Traffic Safety Facts 2007 Data: Older Population).

Fatal car accident near West Palm kills pedestrian, 91
SunSentinel.com Nov. 12, 2009

Two pedestrians killed in separate accidents
CBS12.com Nov. 12, 2009

Related Web Resource

NHTSA Traffic Safety: Pedestrian Programs

A South Fort Myers High teen from San Carlos Park, Florida was hospitalized after being struck by an SUV while riding his bicycle along busy U.S. 41.

According to news reports, 15-year-old Todd Beland was airlifted to Lee Memorial Hospital earlier this week after being struck and injured in a Lee County traffic accident. Police told the press that teens were cycling in and out of traffic on the heavily traveled highway, when Beland was struck by a car that could not stop in time.

The Fort Myers car bike accident occurs as a national safety study just released ranks the Lee County, Florida metropolitan area as no. 23 among the nation's most dangerous locales for preventable fatal pedestrian accidents.

Florida Most Dangerous State for Car and Pedestrian Accidents
Often the conditions that make some roadways more prone to bicycle accidents are similar to those that contribute to pedestrian accidents. NHTSA Traffic Safety Facts Florida 2004-2008 reports that 490 pedestrians were killed in Florida traffic accidents in 2008. The Dangerous by Design study released by the U.S. Dept. of Transportation, Transportation for America campaign (see link below) lists the top three most dangerous metro areas in the U.S. for pedestrians as Orlando, Tampa, and Miami, Florida.

A Fort Myers, Florida pedestrian and bike accident lawyer may by consulted in cases where a cyclist or person on foot is injured or killed due to an aggressive or reckless driver, and/or because someone was driving under the influence (Florida drunk driving accidents).

San Carlos Park teen hit by car
WINK News, Nov. 9, 2009

Transportation for America: Dangerous by Design
Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods)

Related Web Resource

Federal Highway Administration: Pedestrian and Bicycle Safety

A traffic accident this past week in Lee County, Florida, has left a construction worker with a broken arm.

The car - pedestrian accident happened on Thurs. Oct. 29 on a stretch of Florida Interstate 75 undergoing road expansion work in Lee County. The accident occurred on the northbound side of I-75 between the Daniels Parkway and Alico Rd. exits, just past 3 a.m. Florida Highway Patrol took a male driver into custody after he struck a highway worker and fled the scene.

The driver was apprehended by police after searching the woods surrounding the accident scene. He will be charged with driving under the influence (DUI) and leaving the scene of an accident. (In Florida, the legal blood alcohol concentration limit is .08) The injured construction worker was taken to Gulf Coast Medical Center for treatment and released.

A Florida construction site accident lawyer is familiar with the laws in place designed to protect highway workers and law enforcement officials from this type of motor vehicle/pedestrian accident.

Florida Highway Construction Accidents
Construction work accidents where road workers are injured or killed by motorists are unfortunately not all that uncommon. Construction workers doing their jobs in or on the sides of the highway or roadway are vulnerable, particularly at night. Earlier this year, a traffic accident in Bonita Springs, Florida, on I-75 resulted in the death of a highway construction worker when he stepped into the path of a semi-truck.

Florida law enforcement officials are also at risk for this type of work-related injury or fatality when they pull over motorists or stop to assist disabled vehicles. The Florida Move Over Law states that motor vehicle drivers are required to safely change lanes or slow down to a speed that's 20 mph below the speed limit when encountering a police or emergency vehicle stopped on the roadway.

VIDEO: I-75 construction worker injured; DUI arrest made
NaplesNews.com Oct. 29, 2009

Construction worker struck on I-75 in Lee
News-Press.com Oct. 29, 2009

I-75 construction worker killed when hit by semi in Lee County
NaplesNews.com April 3, 2009

Related Web Resources

iROX I-75 Road Expansion Project

Florida Move Over Law

News reports state that two friends from Fort Myers, Florida, who were killed in a car accident this past weekend, were U.S. Army soldiers en route to surprise their families in southwest Florida, before being deployed to Iraq.

According to Florida Highway Patrol (FHP), this fatal traffic accident occurred in Fort Pierce on a dark stretch of Okeechobee Rd on Sat. night Oct 24. The FHP reports that a 21-year-old man from Fort Myers, Florida, and his friend, a 24-year-old man from North Fort Myers, Florida, had pulled over, parked on the median, and were arguing in the westbound lane of SR 70. They were struck by a vehicle traveling westbound.

The other vehicle involved was driven by a 24-year-old Okeechobee man, who told authorities he did not see the other two men in time to swerve and avoid them. There were no further details available regarding investigation into this Florida motor vehicle accident.

Fort Myers car accident attorneys may get involved in cases where a fatal Florida car crash or car-pedestrian accident has occurred due to negligent or reckless driving. To date no charges have been filed in this tragic case, which has left all the families involved grieving.

New details released in deaths of two Lee County soldiers
News-Press.com Oct. 26, 2009

Two men killed by vehicle in Fort Pierce were soldiers on their way home to families
TCPalm.com Oct. 26, 2009

Arguing Soldiers Killed in Car Accident
NBCMiami.com Oct. 26, 2009

Related Web Resource

Florida Highway Patrol

The victim of a Lauderhill, Florida pedestrian accident remains hospitalized at Broward General Medical Center after he was struck by a driver who left the scene.

This serious traffic accident occurred on October 10 when the male victim, age 50, was walking north across the 3200 block of West Broward Blvd in Lauderhill (which is near Fort Lauderdale, Florida) after dark. According to police, he was struck by a Chevy SUV or similar vehicle. The victim suffered serious personal injuries including head injuries, and has not been able to speak or provide police with information.

The police are seeking the public's assistance in locating the driver in this hit-run car accident.

Florida Pedestrian Accident Statistics
Fort Lauderdale pedestrian accident lawyers are consulted by families in cases such as this where a family member suffers personal injury or dies as a result of a hit-and-run traffic accident. 490 pedestrians died as a result of motor vehicle accidents in 2008 in Florida. (NHTSA Traffic Safety Facts Florida 2004-2008).

Why Do Florida Hit and Run Drivers Flee the Accident Scene?
An article reprinted from the Orlando Sentinel on the Florida Highway Patrol website (see link below) asked the question "Why are hit-run drivers fleeing?" after several hit and run traffic deaths in Orange County, Florida, in 2006. A spokesman for the Florida Safety Council stated that drivers who strike pedestrians sometimes hit the gas pedal and flee out of fear, whether the accident was their fault or not. Interestingly, the same article stated that drivers in Norway are given CPR training before they can get their licenses -- in hopes they would assist in the event of a motor vehicle accident. Driver education in the United States tends to focus on traffic laws and driving technique.

Lauderhill police seek public's help to find hit-run driver
South Florida Sun Sentinel Oct. 19, 2009

Why Are Hit-Run Drivers Fleeing?
Florida Highway Patrol (article reprinted from Orlando Sentinel, Aug. 5, 2006)

Related Web Resources

Lauderhill Police Department

South Florida Traffic Reports

Florida Safety Council

Last month, Fort Lauderdale car accident attorney Jason Chalik was asked by a Plantation, Florida, newspaper what he thought about texting and driving. The question was posed as the community of Parkland is introducing a ban on texting and driving, in keeping with a national movement to outlaw the practice. In case you are unaware of what texting is -- it is typing (often with one's thumbs) and sending messages on a cell phone, Blackberry, or other wireless, mobile hand-held device.

Should other Florida communities also ban texting and driving? "Yes, they should ban texting while driving," Attorney Chalik said. "Your reaction time is slow if you're texting." (Source: Plantation Forum, "On the Street," Sept. 30, 2009) As a veteran motor vehicle accident lawyer in Florida, Attorney Chalik is all too aware of the deadly consequences that can happen when drivers don't keep their eyes on the road.

A national summit on distracted driving sponsored by the U.S. Dept. of Transportation (DOT) was held earlier this month. The DOT is pushing to make the practice of texting and driving illegal in all states, citing that distracted drivers are more apt to be involved in serious car accidents. Some authorities believe texting and driving is as dangerous as driving under the influence (DUI) of alcohol. The DOT estimates that in 2008, driver distraction was involved in 16 percent of all fatal crashes in the U.S., estimating some 515,000 people injured and 5,870 killed.

In addition, Transportation Secretary Ray LaHood wants to curb large truck accidents, bus accidents, and other commercial and public transportation accidents (e.g., subways and rail) by restricting cell phone access while on the job. As a start, President Obama signed an executive order earlier this month banning all Federal workers from texting while operating equipment or driving vehicles while on government business.

A piece of state legislation called "Heather's Law" was proposed to ban cell phone use and texting while driving in Florida, after a young woman died in a fatal Florida highway accident on Highway 27 on her way to plan her wedding in Orlando in 2008. A truck driver who was allegedly texting while driving caused the deadly pile-up. The bill died in the Transportation Committee. Several states have laws banning texting while driving. Florida is not yet one of them.

Gov't seeks ban on texting truckers, bus drivers
SunHerald.com Oct. 1, 2009

Texting while Driving in the Headlights
CBSNews.com Sept. 29, 2009

Texting while driving gets attention in Florida
MiamiHerald.com Aug. 2009

State Bans on Texting While Driving
FoxNews.com May 11, 2009

Text and drive? Proposed law would ban it
baynews9.com Feb. 24, 2009

Related Web Resources

U.S. Dept. of Transportation: Distracted Driving Summit

Florida House of Representatives: Heather's Law (SB 172)

Stay Alive ... Just Drive! Program

The DUI manslaughter trial of former New York Yankees ball player Jim Leyritz was scheduled to begin this month, but reports of a videotape that has surfaced will likely delay the start of the trial until January 2010.

Leyritz was arrested for driving under the influence in a downtown Ft Lauderdale car crash on Dec. 28, 2007 that left a 30-year-old mother of two dead. Broward County prosecutors accuse Leyritz of being intoxicated and running a red light, striking the other driver's SUV. News reports state that the victim, of Plantation, Florida, was working at a Fort Lauderdale steakhouse as a bartender and on her way home in the early morning hours when the accident occurred. The Miami Herald reported that both drivers were driving with blood-alcohol levels above the state's legal limit of .08.

Now the defense claims the time of the accident is in question: The prosecution estimates that the car accident occurred at 3:19 a.m. Leyritz's defense reports that a videotape from a nearby light pole camera shows that the accident actually happened minutes earlier, and that therefore Leyritz was not as intoxicated as authorities reported. This development is likely to delay the start of the trial for several months.

Leyritz has been in and out of court while he awaits trial, not just on the DUI manslaughter charge but on domestic battery charges. He is free on bond though forbidden to have contact with his ex-wife, who accused him of beating her at their home in Davie, Florida earlier this summer. Leyritz is among the list of celebrity sports figures involved in fatal drunk driving accidents. The NFL's Dante Stallworth was recently released from prison after serving time on a DUI manslaughter conviction, resulting from a fatal Miami pedestrian accident.

Fort Lauderdale accident lawyers see the results of mixing alcohol and driving in their daily work on behalf of bereaved families. Drunk driving can affect anyone, whether they're a celebrity or not: 875 people died in Florida in 2008 due to alcohol-related motor vehicle accidents

Videotape could help ex-baseball star Jim Leyritz
MiamiHerald.com Sept. 5, 2009

Judge revokes ex-Yankee Jim Leyritz's bond
MiamiHerald.com July 3, 2009

Leyritz charged following accident that killed 30-year-old woman
ESPN.com Jan. 31, 2009

Related Web Resources

MLB.com: Jim Leyritz Stats

Wikipedia: Jim Leyritz

The U.S. Department of Transportation (DOT) reports that nationally, the number of women drivers involved in fatal drunk driving motor vehicle accidents is on the rise--a fact Transportation Secretary Ray LaHood calls "a very disturbing trend."

A recent study conducted by the DOT and NHTSA (National Highway Traffic Safety Administration) shows that approx. 2,000 drunk driving deaths a year involve women who are driving under the influence of alcohol. While FBI statistics show that men arrested for driving under the influence (DUI) still outnumber women by 4 to 1, the percentage of women arrested for DUI has increased--up nearly 30% in the ten-year study period of 1998 to 2007.

Florida Female Drivers and Drunk Driving Deaths

While any death on Sunshine State roads and highways due to alcohol-impaired driving is one death too many, some positive news for Florida emerged from the NHTSA study: Florida was not among the states where the numbers of women drivers involved in fatal drunk-driving accidents had increased. Florida actually showed a decrease in this area. Statistics of interest:

• The number of Florida female drivers in fatal crashes with a blood-alcohol concentration (BAC) level at or above the legal limit of .08 was 134 drivers in 2008 -- down from 144 in 2007.
• In 2008, in total, 875 people lost their lives in fatal Florida car crashes where alcohol was a factor. (NHTSA Traffic Safety Facts Florida 2004-2008)
• The study reported 10 states showing increases in numbers of women drivers who operated motor vehicles under the influence of alcohol and were involved in fatal accidents. Of those, Ohio and New Hampshire showed the greatest number and percentage increases (respectively).

This study shows what Fort Lauderdale accident lawyers observe in their daily work -- that drunk driving can impact anyone regardless of gender, race, profession, or station in life.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving
Releases New Report Highlighting Increasing Number of Impaired Female Drivers
NHTSA Press Release, August 19, 2009

Alcohol-Impaired Drivers Involved in Fatal Crashes, by Gender and State, 2007-2008
NHTSA Traffic Safety Facts, August 2009

As summer ends and young students head back to their classrooms, Fort Myers and Lee County, Florida law enforcers are reminding motorists to be mindful of sharing the road with both pedestrians and bicyclists. Police will be on the lookout for drivers who exceed the speed limit or drive recklessly in school zones, including those who illegally pass school buses.

An estimated 800 school-aged children are killed in traffic accidents during daytime school hours in the United States every year -- roughly 14 percent of the total number of children killed in car accidents. Research has found that teenagers were behind the wheel in more than 50 percent of these deadly traffic accidents that occur during normal school day travel hours. Students getting on and off of the school bus are particularly at risk (University of North Carolina Highway Safety Research Center, collected Aug. 29, 2009 -- see link below).

Fort Myers accident lawyers may be consulted by families in cases where children have been injured or killed in traffic accidents while walking or biking to and from school.

Overall, in 2008 in the state of Florida, 490 pedestrians lost their lives in car - pedestrian accidents (NHTSA Traffic Safety Facts Florida 2004-2008).

Bicycle safety is also a concern, particularly as school gets back in session. The Florida Department of Highway Safety and Motor Vehicles has recorded 6 bicycle accident fatalities in Lee County, Florida in 2008 and 3 fatalities as of late August 2009.

Fort Myers police taking special steps for first day of public school in Lee County
NewsPress.com Aug. 22, 2009

Lee County bike safety spotlighted
NewsPress.com Aug. 22, 2009

Related Web Resources

Fort Myers Police Department

University of North Carolina Highway Safety Research Center

Pedestrian and Bicycle Information Center

A study published in the journal Ergonomics found that people who work in hospitals are far more likely to lose work time and file Workers Compensation claims due to slip/trip/fall injuries than people in other private industry sectors.

The 10-year study -- which took place between 1996 - 2005, and whose authors were affiliated with the CDC, NIOSH, and health care facilities in the U.S. and Finland -- reported that lost workdays for hospital employees who had suffered slip-trip and fall injuries amounted to 35.2 per 10,000 full-time equivalents (FTE). That statistic is 75 percent greater than the average for all other private industries combined (which is 20.2 per 10,000 FTEs).

Causes of Slip, Trip, and Fall Accidents and Injuries
Hospitals, of all places, should be safe for both staff and patients. However, just like other establishments such as restaurants and hotels, hospitals can be prone to the same safety hazards that cause people to slip or trip and fall and get hurt -- wet floors and slick or slippery spots being the most common cause, along with obstacles on the floor or in walkways, loose or nonexistent handrails, and damaged flooring and stairs/steps.

Florida slip, trip and fall lawyers are sometimes consulted by individuals and families who suffer broken bones or other serious injuries as a result of slipping and falling while on the property of a commercial establishment. Premises liability may be an issue in some of those cases.

The Ergonomics study revealed that housekeepers, food services staff, and transport and EMS staff were at highest risk of suffering personal injury in a slip/trip/fall accident. The study went on to make recommendations for broad-based prevention programs for hospitals, including cause identification and hazard assessment, improvements to flooring, changes to housekeeping procedures and products, programs for outside ice and snow removal, and slip-resistant footwear for certain groups of employees.

Evaluation of a comprehensive slip, trip and fall prevention programme for hospital employees
Ergonomics, Volume 51, Issue 12 December 2008, pages 1906 - 1925

Related Web Resources

Slips, Trips & Falls
The International Contact Group for Researchers

The International Ergonomics Association

CDC: Falls Among Older Adults

The Dante Stallworth case is back in the news, as the NFL announced it will suspend the Cleveland Browns wide receiver for the remainder of the 2009 football playing season. Stallworth was found guilty of DUI manslaughter in a Miami, Florida traffic accident that claimed the life of a pedestrian.

Stallworth served his 30-day sentence and earlier this month, a judge agreed to let him work out to get in pro condition, though he had been ordered to two years house arrest. Nonetheless, NFL Commissioner Roger Goodell chose to suspend Stallworth for the remainder of the season. A report on the NFL.com website (see link at end of entry) says he will be reinstated after the Super Bowl.

Florida Car Pedestrian Accident Fatalities
In cases where a driver's recklessness or negligence may have led to pedestrian injury or death, a Miami pedestrian accident lawyer is sometimes called upon by the aggrieved families to assist with the case. The National Highway Traffic Safety Administration (NHTSA) reported that 490 pedestrians were killed in traffic accidents in Florida in 2008. Driving under the influence of alcohol over the Florida legal limit of BAC .08+ was reported in 875 traffic deaths that same year. (NHTSA Traffic Safety Facts Florida 2004 - 2008.)

This fatal Miami Beach, Florida drunk driving accident involving Stallworth occurred last March, when the car he was driving struck and killed a construction worker crossing MacArthur Causeway on foot to catch a bus. Stallworth plead guilty to manslaughter and driving under the influence of alcohol -- a charge which typically carries 10 years imprisonment in Florida. He came to an agreement with the victim's family to pay them a confidential financial settlement. His prison time was reduced to 30 days, which he has served.

In addition to the prison time and confidential financial settlement the verdict brought back for the aggrieved family, authorities also suspended Stallworth's driver's license for life, and ordered him to pay fines of $10,000 and to perform 1,000 hours of community service.

Brown Down: Wide Receiver Donte Stallworth Suspended By The NFL For 09' Season
19ActionNews.com Aug. 14, 2009

Goodell: Stallworth suspended for season, placed 'stain' on NFL, players
NFL.com Aug. 13, 2009

Browns' Donte Stallworth Gets 30 Days for DUI
Wide Receiver Will Pay Financial Settlement to Victim's Family
ABCNews.com June 18, 2009

Related Web Resources

WalkingInfo.org

NHTSA Pedestrian Safety Program

Authorities including the Florida Highway Patrol and the Lee County Sheriff's Office are investigating a fatal Fort Myers car accident involving an unmarked police car en route to join cruisers in pursuit of two burglary suspects.

The fatal crash occurred in the afternoon of July 23 near the intersection of Palm Beach Boulevard and Buena Vista Blvd in Fort Myers, Florida. A deputy driving an unmarked sheriff's SUV crashed into a civilian motorist, killing the male driver of the car. According to news reports, several police cars, a helicopter, and a K-9 unit were involved in the pursuit of two men suspected of breaking into a Lehigh Acres home. The suspects were apprehended on foot.

High-Speed Police Chase Accidents and Fatalities
The topic of police chase policies and law enforcement liability is controversial in Florida and around the country: Innocent civilian drivers or pedestrians may suffer personal injury or death if caught in the middle of police vehicles pursuing fleeing criminal suspects at high rates of speed. Police officers can also suffer injuries or die as a result of car accidents caused by high-speed pursuits. Traffic safety advocates estimate that hundreds of people are killed and thousands injured every year in such accidents -- igniting national conversation about banning high-speed police chases.

A Florida car accident attorney sometimes gets involved in cases where families believe that their members have suffered personal injury or loss of life due to the reckless or negligent driving of another party.

Police departments in Florida and around the country are challenged to set policies for police chase guidelines that both preserve traffic safety and give officers the discretion to pursue criminal suspects who are fleeing in motor vehicles -- who also pose a potential threat to other motorists, police, and civilians. Some law enforcement departments use other techniques to stop suspects fleeing in cars, trucks, or vans -- such as tire deflating devices, roadblocks, surrounding the suspect's vehicle, or using their own police vehicles to bump and disable the suspect's car.

Deputy involved in fatal crash while trying to catch suspected burglars
WINK News Jul 23, 2009

Witness to fatal, deputy involved accident: "You don't know what this is doing to me right now."
WINK News Jul 24, 2009

Related Web Resources

Kristie's Law: A California measure to address safety standards to minimize the risk relating to police vehicular pursuits for the public and peace officers

Florida Highway Patrol

Lee County Florida Sheriff's Office

The NFL has suspended Cleveland Browns wide receiver Donte Stallworth indefinitely following his conviction on DUI manslaughter charges last month. Stallworth was behind the wheel in a Miami Beach drunk driving accident that occurred in March, fatally striking a construction worker who was crossing MacArthur Causeway to catch a bus.

Stallworth, whom police determined was driving under the influence of alcohol after being out nightclubbing, claimed he tried to warn the victim before the fatal DUI pedestrian car accident occurred.

A Miami Dade Circuit Judge sentenced Stallworth to 30 days in jail and two years of house arrest. He will also be on probation for 8 years, during which time he must complete 1000 hours of community service and donate $2,500 apiece to Mothers Against Drunk Drivers (MADD) and to Parents of Murdered Children. In addition, his sentence states that he will lose his driving privileges for life.

Florida pedestrian accident lawyers counsel families when someone close to them has been killed or suffered personal injury in a pedestrian-car accident. As part of Stallworth's sentencing, he will also be required to reimburse the Miami Beach and Miami Dade Police Departments for their expenses as well as court expenses.

Stallworth suspended indefinitely after DUI manslaughter conviction
MiamiHerald.com June 18, 2009

Donte' Stallworth gets 1 month in jail, 2 years house arrest in DUI death
MiamiHerald.com June 16, 2009

Related Web Resources

NFL Columnist: Stallworth's situation can offer league path to help educate players

PEDSAFE Crash Statistics

Florida Personal Injury Attorney Debi Chalik fought for and won a $400,000 settlement for a client who suffered serious injuries resulting from a slip fall accident. Tonya I., a client of The Law Offices of Chalik & Chalik, slipped and fell on a wet bathroom floor at a Florida restaurant and hotel chain location. The client claimed that her slip and fall accident aggravated a lower-back injury, which caused nerve compression. She also claimed that a head injury suffered in the fall triggered a structural defect in the brain called a Chiari malformation, causing seizures, difficulty swallowing, and memory loss. Tonya required spinal surgery to treat her injuries.

Attorney Debi Chalik, a partner in the South Florida based Chalik & Chalik Law Offices, investigated the facts and circumstances surrounding Tonya's accident. Attorney Chalik determined that the establishment failed to adequately maintain their property and keep it safe for patrons so they would not injure themselves. After months of negotiation, the property owner agreed to pay $400,000 to compensate Tonya for her injuries.

As an experienced slip trip and fall accident lawyer, Attorney Debi Chalik fought hard to prove the owner of the property was accountable for the client's injuries. Slip and fall accidents can cause broken bones, head injuries, and in cases like Tonya's, multiple injuries that require surgery, medication, and lengthy rehabilitation.

University of Florida Slip Trip and Fall Accident Injury and Fatality Statistics
A University of Florida study estimated that in 1999, more than 1 million Americans suffered a slip, trip or fall injury, and over 17,000 died as a result. The study breaks down slip/fall injuries into "same-level falls" (such as slipping on a wet floor) vs. "elevated falls" (such as falling off a ladder). The study reported that 12 to 15% of all Workers Compensation claims are caused by slip fall accidents, and that 5,100 workers died in 1999 as a result of such mishaps. Back injuries are the most common type of injuries in slip fall accidents.

A slip fall injury only takes a second to occur, but the problems incurred can last for months, years, or even a lifetime. Sometimes these accidents can even cause death. An experienced South Florida slip/fall accident lawyer helps clients such as Tonya recover and go on with their lives by fighting for the compensation they deserve and need to cover medical bills and lost wages.

Defendants Settle: $400,000.00 Fall on Wet Bathroom Floor
Chalik & Chalik Newsletter Volume #3 2009

Related Web Resources

University of Florida: Preventing Injuries from Slips, Trips, and Falls

National Safety Council: Falls in the Home and Community