Florida Accident Attorney Blog

With the holiday season in full swing and another year drawing to a close, Floridians are naturally in a festive mood. Between company parties and family gatherings, there's no shortage of opportunities to celebrate. Florida is also a hot vacation spot for people needing a break from the colder climates. This means Orlando and other Central and South Fla. hotels, restaurants, and night clubs are enjoying the extra holiday business boost.

However, holiday celebrations also come with the risk of people drinking and driving. In fact, according to a recent report in the Orlando Sentinel, 35 percent of all Florida auto accident deaths over the December and New Year's holidays last year involved alcohol impaired driving. That's more than one-third of Fla. traffic accident deaths involving alcohol.

Florida Highway Patrol has announced that it will be out in force this holiday season to try to curb these preventable drunk driving traffic accidents. Florida participates in the national Drive Sober or Get Pulled Over campaign, designed to stop drunk drivers before they hurt themselves or other Fla. motorists. The National Highway Traffic Safety Administration (NHTSA), which sponsors the national campaign, estimates some 11,000 people were killed in the U.S. last year due to drunk drivers.

As an experienced Orlando, FL car crash injury attorney knows from work with clients, holiday celebrations can turn to grief in a heartbeat when someone who has been drinking gets behind the wheel and causes an auto accident. The Florida Highway Patrol advises motorists to never drink and drive, and to designate a sober driver when celebrating over the holidays. In addition, Fla. motorists who spot erratic, aggressive, or suspected drunk drivers may call in their tips to the Florida Highway Patrol from their cell phones at *FHP (*347).

Though Florida traffic accident deaths have declined in recent years, in keeping with a nationwide trend, we still have much more work to do to make Fl. roads and highways safer for all motorists. NHTSA reported that for 2008, Florida alcohol-impaired driving fatalities amounted to 875 lives lost on our roads and highways. Florida traffic deaths are most numerous in the counties with the highest populations, the top five being Miami-Dade County, Broward County, Palm Beach County, Hillsborough County, and Orange County, Florida. (Source: NHTSA Traffic Safety Facts Florida 2004 -2008)

So be careful out there while driving on Florida city streets, back roads, and highways. Have a safe and happy holiday season.

Related Florida Accident Attorney Articles:

Driving Drowsy in South Florida : Why Sleep Deprived Driving Can Be as Bad as Driving Under the Influence of Alcohol (Aug. 2011)

Florida Ranks Fourth for Worst Drivers in the Nation, Insurance Study Reports (Nov. 2011)

Sources:

Florida Highway Patrol warns drivers to stay off the road during holidays
Orlando Sentinel Dec. 20, 2011

Cops Warn “Drive Sober Or Get Pulled Over”
CBS Miami Dec. 20, 2011

Related Web Resources:

FHP CRACKS DOWN ON IMPAIRED DRIVING DURING HOLIDAY SEASON (PDF)
Florida Department of Highway Safety and Motor Vehicles press release, Dec. 15, 2011

NHTSA: Drive Sober or Get Pulled Over campaign

As an experienced Fort Myers FL car accident injury lawyer knows all too well -- teenagers, alcohol and/or drugs, and driving is a dangerous and potentially fatal combination. Now a new government study shows a link between parents who drive under the influence of alcohol or drugs, and their children's likelihood to repeat the same high-risk driving behaviors.

The Substance Abuse and Mental Health Services Administration (SAMHSA) released a report entitled, "Data Spotlight: Adolescents Living with a Parent Who Drives Under the Influence Are at Increased Risk for Driving Under the Influence Themselves." Data was collected from households surveyed from 2002 to 2009, across the U.S. According to the National Survey on Drug Use and Health, an annual average of 932,000 youth ages 16 to 17 (11.5 percent) drove under the influence of alcohol or illicit drugs in the 12 months prior to the interview.

The study found that parents play a key role in preventing their teens from drinking and driving, and thereby helping them avoid drunk driving car crashes. Too often we read newspaper headlines in Florida about promising young lives cut short because teenagers were partying and drinking under aged, got behind the wheel, and then crashed their automobile. The SAMHSA study concluded that parents who model responsible driving behaviors can help their teenage drivers learn to do the same.

However the study also found that in homes where one or more parents drove under the influence of alcohol or drugs -- the children were far more likely to engage in the same destructive driving behavior. Of note:

18.3 percent of 16 and 17 year olds living with a mother who drove under the influence of drugs or alcohol also drove under the influence – as opposed to 10.9 percent of the adolescents who lived with a mother who had not driven under the influence.

The influence of fathers on teens drinking and driving seemed to be even more profound...

21.4 percent of adolescents living with a father who drove under the influence also drove under the influence, as opposed to 8.4 percent of adolescents living with a father who did not drive under the influence.

The agency offers a number of resources for parents who want to teach their children the realities of drinking and driving (see Resources links below). Florida parents might consider these statistics specific to teen driving and drunken driving (DUI) accidents in the Sunshine State:

• Fatalities of teen drivers and passengers (ages 15 to 19) fell by more than 20 percent between 2008 and 2009 -- from 193 to 153 deaths. However, teen drivers continue to over-represent in terms of crash frequency, posting the highest rate of crash involvement of any age group.
• Of the total 2,563 Florida motor vehicle crash deaths in 2009 (all ages), 1,004 (39.2 percent) of these now deceased individuals had been drinking prior to the fatal crash. (Source: Florida Traffic Safety Facts 2010 : Fatalities, Florida Department of Highway Safety and Motor Vehicles)

Sources:

New report shows that adolescents are far more likely to drive under the influence of alcohol or drugs if they live with a parent that drives under the influence
SAMHSA Press Release Dec. 6, 2011

Adolescents Living with a Parent Who Drives Under the Influence Are at Increased Risk for Driving Under the Influence Themselves (PDF)

Related Web Resources:

UnderageDrinking.SAMHSA.gov

Traffic Safety Marketing: Youth Access to Alcohol

Maybe Florida drivers have become accustomed to paying more at the gas pumps. Or maybe people just want to make it home for the Thanksgiving holiday. Whatever the reason, AAA expects a 3 to 4 percent overall travel increase this Thanksgiving, in Florida and across the U.S. So if you plan to drive on Sunshine State highways and secondary roadways this Thanksgiving -- expect some company on the road with you. Including Florida Highway Patrol.

As experienced West Palm Beach car accident injury attorneys will tell you: Increased Florida holiday traffic can lead to an increase in traffic accidents. No one wants to read the news after the holiday weekend that anyone was seriously injured or lost their life while traveling on Florida roadways.

Unfortunately, a higher traffic volume on the region's highways, combined with speeding, drowsy driving, distracted driving, driving under the influence of alcohol (Florida DUI), and other dangerous driving behaviors -- can be a recipe for disaster. That's why Florida Highway Patrol will be on the scene to apprehend and ticket traffic offenders. This Thanksgiving, the FHP will be visible on higher volume Florida roadways. According to the St. Petersburg Times, troopers meant business when they patrolled Florida's roadways last Thanksgiving holiday week -- investigating 12,770 violations over a five-day period.

Florida travelers who hope to avoid the scenes of traffic crashes (which can lead to miles and hours of congestion -- especially during heavy Thanksgiving travel) are encouraged to use the Florida Department of Transportation's 511 system. According to an FDOT spokesperson, the system gets updates of motor vehicle accidents on Florida interstates.

Motorists who dial in to the FDOT 511 system get updated information about existing Florida auto accidents -- so they can avoid those routes (and the possibility of becoming involved in secondary accidents near the original crash sites). A new website app offered by the FDOT (see link to website below) uses iPhone GPS to provide motorists with updated information relevant to their locations. In addition, the 511 app allows users to view traffic cams from compatible hand-held devices.

Florida DOT offers common sense advice to get through the Thanksgiving holiday safely and avoid motor vehicle crashes: Call 511 ahead of time to get information about best route planning. Wear seat belts. Don't drink alcohol and drive. In addition, you might want to take advantage of the Florida Turnpike free coffee program, if you need a driving pick-me-up. And always drive defensively -- in Fla. or wherever you travel. Happy Thanksgiving!

Related Florida Accident Injury Attorney article:

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

Sources:

Florida Highway Patrol will increase traffic enforcement for Thanksgiving holiday
St. Petersburg Times Nov. 22, 2011

Avoid Thanksgiving Traffic with FDOT's 511 System
WCTV.tv Nov. 22, 2011

Florida's Turnpike serves up free coffee
Associated Press via Ocala.com Nov. 21, 2011

Related Web Resources:

Florida's 511 Traveler Information System

Florida Highway Patrol

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

A former U.S. Air Force airman was killed in an alleged drunk driving accident late last month in Lee County, Florida.

According to news reports, the victim, age 29, lived in Chicago and was in Lee County, Fla., visiting a friend. The fatal car accident reportedly occurred in late March in the early hours of the morning when the vehicle's driver failed to make a turn and crashed into a tree inside a gated community near Estero, which is south of Fort Myers, Florida.

The victim was killed in the single vehicle accident and another young person in the car sustained serious injuries, according to news reports. A Lee County Sheriff's Deputy reportedly stated that the driver of the car, a 25-year-old woman from Ohio now living in Estero, Fla., had a blood alcohol level of twice the legal Florida limit. The driver was being held without bond in Lee County Jail and is charged with three counts, including DUI manslaughter.

Fort Myers drunk driving accident injury lawyers may be consulted by families who lose a loved one or suffer injury in an alcohol-related car crash in Lee County, Florida. Everyone mourns the loss of a young life cut short, as in this case. The news media reported that the four friends had been at a bar prior to the fatal car accident.

The National Highway Traffic Safety Administration reports that April is alcohol awareness month. NHTSA has several public information campaigns planned to raise awareness and avoid tragic alcohol related accidents like this one. NHTSA reports that one-third of all traffic fatalities are due to drunk driving, and that 11,000 people are killed on the road every year because of drunk drivers.

Northmont Grads In Fatal Drunk Driving Crash
WHIOTV.com March 25, 2011

Northmont grad charged in Florida crash that killed Clayton native
Dayton Daily News March 25, 2011

NHTSA: April Is Alcohol Awareness Month

The DUI manslaughter trial of former New York Yankees player and World Series hero Jim Leyritz has been delayed while attorneys wrestle with evidentiary questions, media reports stated.

The fatal traffic accident occurred in 2007 when Leyritz, who once played for the Yankees, ran a red light at a Fort Lauderdale, Florida intersection -- crashing into another vehicle and killing its driver. Attorneys defending Leyritz reportedly have issues with charges against their client as they relate to certain evidence that may be admitted or excluded.

Florida Drunk Driving Statistics and Convictions

The National Highway Traffic Safety Administration (NHTSA) reported 875 alcohol-impaired driving fatalities in 2008. Though drunk driving motor vehicle accidents have been on the decline in Florida, drinking and driving remains a serious public safety hazard.

According to the Florida Department of Motor Vehicles, the state of Florida had 34,638 driving under the influence (DUI) convictions in 2006 -- down 8 percent from 2005. The legal blood alcohol limit in Florida for adult drivers 21 and over is under .08 percent. Florida has a zero tolerance law for alcohol consumption and under aged drivers. Drunk driving conviction statistics in South Florida counties in 2006 include...

Broward County (Fort Lauderdale) 1,606
Brevard County (Melbourne) 1,665
Miami-Dade (Miami) 1,824

Families whose loved ones are injured or killed in Florida drunk driving car crashes may consult a Fort Lauderdale accident injury attorney for guidance on whether or not they may have a case.

Related Florida Injury Attorney Blog Articles:

Ex-Yankee Leyritz Trial Delay in Fatal Fort Lauderdale DUI Traffic Accident

Fort Lauderdale DUI Accident: Former NY Yankee Charged with Manslaughter Checked into Broward Hospital

Sources:

No set start date for DUI manslaughter trial of former Yankee
CNN Justice Oct. 1, 2010

Florida DMV: Florida Drunk Driving

A boy walking home from school in Cape Coral, Florida was injured in a hit and run accident by a driver picking up his own child from Challenger Middle School.

According to news reports, the driver was traveling east on Trafalgar Parkway after 4 p.m. when his truck veered off the road, striking a boy walking home from school. The driver reportedly went home and then returned to the Cape Coral accident site to see if he'd hit a mailbox.

The child was treated at Cape Coral Hospital for injuries that occurred when the truck's passenger-side mirror struck him in the head. The driver was arrested and charged with DUI (driving under the influence) in a hit/run crash involving injury.

Children walking to and from school are vulnerable to pedestrian accidents, as are children getting on and off the schoolbus. The mother of the injured child in this case told the media that there were no sidewalks on the street where the Cape Coral - Ft Myers area traffic accident occurred.

A Fort Myers, Florida pedestrian accident attorney may be consulted by families seeking advice in traffic accident cases where negligence or recklessness may have led to injury or death.

DUI charges in after-school hit and run
ABC-7.com Aug. 25, 2010

Related Web Resource

SafeKids USA: Pedestrian Safety

The Florida Highway Patrol announced it will be on the lookout to stop and apprehend drunk drivers in Florida over Memorial Day weekend, as well as anyone else breaking Florida driving laws. The step-up in driving safety law enforcement extends through midnight of May 31, 2010.

FHP is participating in three national driving safety campaigns this holiday weekend designed to save lives and prevent injury caused by Florida traffic accidents. These include the Click It or Ticket seat belt use campaign, Operation C.A.R.E. (Combined Accident Reduction Effort -- an initiative involving United States state police and highway patrol agencies), and Take Back Our Highways (also involving Alabama Highway Patrol).

Florida law enforcement and safety officials continue to strive to stop drunk drivers and other reckless or negligent drivers (including speeders and distracted drivers) in an effort to prevent South Florida car accident injuries and fatalities.

In fact, in recent years, DUI deaths on Florida roads have been on the decline (most recent stats show 875 deaths in 2008 compared to more than 1,000 in 2005). But as any experienced Miami Dade accident injury attorney who works with victims of Florida car and pedestrian accidents knows, the best form of prevention is for drivers not to get behind the wheel when alcohol has been consumed. In addition, speeding, talking on cell phones, and texting are all forms of dangerous driving which can lead to injury and death.

Chances for Miami Dade and other motorists to be involved in car accidents increases over long holiday weekends, as residents, visitors and vacationers flock to South Florida roads and highways to enjoy their extra day off.

Florida Highway Patrol Steps Up Enforcement This Weekend
Florida Highway Patrol News Release May 27, 2010

Related Web Resources

Click It or Ticket Florida

Operation C.A.R.E.

Florida and Alabama: Take Back Our Highways

The Fort Myers man accused in a fatal Lee County traffic accident is being held on several counts of DUI manslaughter in a Lee County, Florida jail.

According to news and police reports, 21-year-old Joshua Lee Reynolds of Fort Myers, Fla., was driving with a blood alcohol level nearly twice the legal state limit when he was involved in a fatal Florida DUI car accident.

The car and pickup truck accident occurred last September in Cape Coral, Florida, at Veterans Memorial Parkway and Country Club Boulevard. Reynolds had allegedly been drinking while bartending at a local restaurant, before he got in his pickup truck and struck a car, killing 20-year-old Ernesto Romero, also of Cape Coral, Florida.

New reports state that Romero was a passenger in a car driven by Donna Snow; Romero, who was not wearing a seat belt, was ejected from the car when it was struck by Reynolds' truck, which allegedly ran a yellow light and slid through the intersection. Driver Snow and her sister Robyn, the victim's girlfriend, both suffered personal injury in this Lee County, Florida car crash. Reynolds turned himself into police last week after test results came in and the investigation was completed. He faces Florida DUI manslaughter among other charges.

Fort Myers car accident injury lawyers are well aware of the heavy toll that drinking and driving can take on Florida families. In 2008, a total of 875 people lost their lives on Florida roads and highways in alcohol related traffic accidents (Source: NHTSA Traffic Safety Facts Florida 2004-2008). That number has been decreasing from a recent high of 1,106 Florida DUI deaths in 2005, however any life lost due to drunk driving is one too many.

Man intoxicated at time of fatal Cape Coral crash
News-Press.com May 25, 2010

Related Web Resource

Florida Department of Highway Safety and Motor Vehicles:
FAQs on Driving Under the Influence (DUI)

The millionaire owner of the International Polo Club located near Palm Beach, Florida has been charged in a fatal hit-and-run drunk driving accident which happened in February.

News reports state that the Palm Beach County Sheriff's Department issued a probably cause affidavit leading to the arrest of wealthy businessman John Goodman, 46, of Houston, TX, who is described by the press as a well-known socialite who travels between Texas and Florida. Goodman's Bentley allegedly struck a Hyundai driven by Scott Wilson, 23, sending the victim's car into a Florida canal, where it flipped over. The victim drowned before emergency personnel could assist him. The Palm Beach car accident occurred in the community of Wellington, Florida in the early morning hours of Feb. 12, 2010.

Goodman allegedly fled the scene on foot and walked to a residence to use a cell phone, where he did not report the accident for more than an hour. He faces a number of charges including driving under the influence, vehicular manslaughter, and failure to render aid (which under Florida law can add gravity in a criminal case).

The victim's family has filed a civil lawsuit in Florida related to this traffic fatality. News reports state that according to police, the plaintiff charged in this Palm Beach area case had a blood alcohol concentration level more than double the state limit (Florida BAC=.08+). Goodman was arrested at a hotel in Miami, Florida, and was released on $100K bond. He is prohibited from leaving the state of Florida as well as drinking and driving, and going to bars.

Palm Beach wrongful death / injury lawyers may be consulted by families in cases where a loved one has died or been injured due to the negligence or recklessness of another party. Hundreds of people are killed in the state of Florida every year due to drunk drivers. Of the 2,978 traffic fatalities in Florida during 2008 -- 875 of those were alcohol related traffic deaths. (Source: NHTSA Traffic Safety Facts Florida 2004-2008).

Polo mogul in jail this morning for role in fatal Wellington crash
Palm Beach Post May 19, 2010

Houston millionaire charged in deadly Florida crash
Houston Chronicle May 19, 2010

Related Web Resource

NHTSA Impaired Driving portal

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

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

The Florida car - pedestrian accident happened on Thurs. Oct. 29 on a stretch of 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

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 Miami Herald reports that a driver being held in the Broward County, Florida jail for a fatal DUI accident was also wanted in Maryland for violating probation related to drunk driving charges in that state. Robert Jones, 31, is being held on nine charges including two counts of DUI manslaughter for a car and motorcycle accident that occurred in Miramar, Florida early last week.

According to the report, Jones was taking his step-daughter to school when his car struck a 43-year-old motorcyclist from Davie, Florida. The motorcycle operator was dragged down Pembroke Road for 180 feet before Jones' vehicle stopped. Jones and the child fled the accident scene but police arrested him a few blocks away. The Herald reported that Jones' blood-alcohol level tested at 0.236 -- nearly 3 times the legal limit of .08 in Florida.

Bereaved families may contact a Broward County accident lawyer in cases where a driver operating a motor vehicle under the influence of alcohol causes a traffic accident that results in death or personal injury to others.

The news report went on to state that Maryland court records revealed that Jones had served time in that state for DUI and leaving the scene of an accident involving personal injury in 2006. An arrest warrant had been issued after he failed to appear in court and violated his probation. According to The Herald, Jones came to Florida 4 months after the warrant was issued and applied for a Florida-only driver's license (which is granted to snowbirds and others who maintain a primary driver's license in another state). Jones was approved for a Florida-only license when he showed a valid Delaware driver's license.

Repeat DUI offenders are a hazard on the roads and highways of Florida and every other state. Nationally in 2007, nearly 13,000 people lost their lives due to alcohol-impaired driving (NHTSA, Traffic Safety Facts 2007 Data, "Alcohol Impaired Driving").

Miramar DUI suspect is wanted in Maryland
MiamiHerald.com Sept. 11, 2009

Related Web Resource

Obtaining Your Florida Driver's License
Florida Department of Highway Safety and Motor Vehicles

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

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

A 26-year-old Florida woman driver charged with DUI manslaughter in a fatal Fort Myers car crash that left an Iraq war veteran dead is scheduled to go on trial in September.

According to news reports, Army Staff Sgt. Danny Beougher was driving his Jeep Cherokee on Hancock Bridge Parkway in North Fort Myers, Florida, on the evening of Dec. 8, 2007. A Ford F-350, driven by Ashley East, crossed the meridian, hit a tree, and struck Beougher's vehicle. Staff Sgt. Beougher was killed and his wife was critically injured.

Florida Drunk Driving Death Statistics
In 2008, the National Highway Traffic Safety Administration (NHTSA) reported that of the 2,978 Florida traffic fatalities that occurred that year, 875 deaths were classified as "alcohol-impaired fatalities" -- involving all car and motorcycle drivers with a blood-alcohol concentration (BAC) above the legal limit of .08 percent. (NHTSA Traffic Safety Facts Florida 2004-2008)

A Fort Myers accident lawyer familiar with drunk driving laws and driver liability may be consulted by families in cases where an innocent person is hurt or killed due to another driver's negligence or recklessness.

In this fatal DUI case, the driver, Ms. East, is set to go to trial in September. She faces 10 charges, including leaving the scene of an accident causing death and DUI manslaughter. She may face up to 70 years in prison if convicted. Investigators at the time reported that East did not have a valid driver's license. Staff Sgt. Beougher, who was 23, had returned home to Cape Coral, Florida, after serving in Operation Iraqi Freedom. He was an 82nd Airborne Division Paratrooper.

Fatal North Fort Myers crash case goes to trial in Sept.
News-Press.com July 29, 2009

82nd Airborne Division Paratrooper dies in Traffic Accident
Paratrooper.net Dec. 10, 2007

Related Web Resources

NHTSA Traffic Safety Facts Florida 2004-2008

Mothers Against Drunk Driving (MADD)

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