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

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

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 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

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