Florida Accident Attorney Blog

The National Highway Traffic Safety Administration (NHTSA) published a safety recall for November for certain models of Harley-Davidson motorcycles. The recall involves 2009-2012 Touring, CVO Touring, and Trike vehicles manufactured from June 2008 through September 2011. The problem involves the rear brake light.

According to a NHTSA recall document (see link to PDF download below), the exhaust system of the Harley bikes affected may overheat the rear brake light switch. Excessive heat could potentially cause the rear brake light lamp switch to fail and/or a brake fluid leak at the switch, which could interfere with rear brake performance.

Obviously a motorcycle rider cruising down Florida I-95 or another highway, or on a Fort Myers, Fort Lauderdale, Miami or other South Florida city street -- needs to have brakes and break lights that are functioning in top condition. If a brake light were to fail, car and truck drivers behind the motorcyclist might not realize the biker was slowing down. That could lead to a rear-end motorcycle accident that could be quite serious.

Florida is world famous as a favorite destination for motorcycle enthusiasts and motorcycle events. The roar of the bikes thundering down Florida roadways is unmistakable, and is a source of excitement for tourists who flock to our cities to witness the motorcycle events. As Sunrise, FL car accident injury lawyers know, motorcycle operators and passengers are at risk of serious and fatal injuries when involved in a Florida traffic accident. Statistics of note:

> In 2009, there were 402 motorcycle accident related fatalities in the state of Fla.

> This is an improvement over the 556 motorcycle accident deaths that occurred in Florida in 2008. (Though an experienced Broward County accident injury lawyer will tell you, any death on our Florida roadways is one too many. This includes motorcycle crash deaths, pedestrian traffic accident fatalities, as well as automobile accident fatalities.)

> More than half a million motorcycles are registered in the state of Florida.

(Sources: Florida Traffic Safety Facts Oct. 2010: Motorcycles; NHTSA Traffic Safety Facts Florida 2004-2008)

Reuters reported that more than 300,000 Harley-Davidson motorcycles were being recalled for the rear brake light issue (about 50K of those vehicles are located outside the U.S., the report stated). Harley-Davidson will notify owners of the affected vehicles and dealers will install a rear brake light switch kit, free of charge. The safety recall is expected to begin this month. Owners may contact Harley-Davidson directly (see link below).

Related Florida Accident Injury Attorney articles:

Florida Motorcycle Product Safety Recall Alert : Victory Motorcycles Recalled Due to Passenger Injury Hazard (Sept. 2011)

New Florida Motorcycle Traffic Accident Fatality Statistics Show Crash Death Rates Declining, But It's Still a Dangerous State for Bikers (Aug. 2011)

Sources:

SAFETY DEFECT/NONCOMPLIANCE NOTICES RECEIVED DURING OCTOBER 2011 (PDF)
National Highway Traffic Safety Administration (NHTSA) Nov. 1, 2011

Harley-Davidson to recall over 300,000 motorcycles
Reuters via Yahoo! News Oct. 24, 2011

Related Web Content:

Harley-Davidson USA:

Contact Us and Service Recalls for H-D Owners webpages

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

Florida Biker Network

Daytona Beach Bike Week

Automobile safety recalls routinely make the news headlines -- particularly when it's a popular make and model with auto product liability issues, affecting large numbers of vehicles and owners (such as the widespread Toyota safety recalls of recent years).

We hear less about motorcycle safety recalls, but they do happen. As an experienced Fort Lauderdale motorcycle accident lawyer knows from work with clients, Florida's hundreds of thousands of registered motorcycle operators depend on the sound operation of their vehicles -- for their own safety, that of their passengers, and the safety of other Florida motorists.

Last month the National Highway Traffic Safety Administration listed a motorcycle safety recall that may affect some motorcycle owners in South Florida. The recall, which was published on Aug. 5, 2011, was expected to begin on or before Aug. 30, 2011. The recall stated that Manufacturer Polaris…

…is recalling certain model year 2004-2011 Victory Kingpin motorcycles and model year 2006-2011 Victory Jackpot motorcycles manufactured from January 1, 2004, through May 1, 2011, equipped with accessory seats, part numbers 2876641-01 seat, Kingpin Touring, Double Backrest and part number 2875961-01 seat, Jackpot Touring w/backrest. The backrest support can separate from the motorcycle while in use. The passenger can be injured or fall from the motorcycle should this occur. Victory will notify owners and dealers will replace the affected seats free of charge.

Statistically, motorcycle drivers and passengers are counted in traffic accident injury and fatality numbers for the state of Florida.

According to a recent Florida state report, motorcycle accident injuries and deaths in Fla. have declined (from 532 deaths and 9,402 injuries in 2008 to 402 deaths and 8,202 injuries in 2009) -- though overall motorcycle registrations in the state are also decreasing. In 2009, there were 586,537 motorcycles registered in the state of Florida, compared to 649,210 registered in 2008. (Source: Florida Traffic Safety Facts Oct. 2010: Motorcycles, Report Compiled by the Florida Department of Highway Safety and Motor Vehicles.)

Florida remains a popular state for motorcyclists, given the warm weather, beautiful coastline, and events-driven tourism (such as Daytona's world famous Bike Week). Though progress has been made in regards to motorcycle traffic safety, and lives have been saved -- Fla. remains a dangerous state in which to operate a motorcycle. Motorcycle operators and passengers are especially vulnerable to traumatic injury (include head and spine injury) and death when involved in a traffic accident with cars, trucks, and SUVs. Single-vehicle motorcycle crashes also account for a large percentage of biker deaths.

See our Motorcycle Accidents FAQs for more information about what to do if you're injured or a loved one is hurt or killed in a motorcycle accident in Fort Lauderdale or elsewhere in South Florida.

Related Florida Accident Attorney Article:

New Florida Motorcycle Traffic Accident Fatality Statistics Show Crash Death Rates Declining, But It's Still a Dangerous State for Bikers (Aug. 31, 2011)

Source:

SAFETY DEFECT/NONCOMPLIANCE NOTICES RECEIVED DURING JULY 2011 (PDF)
National Highway Traffic Safety Administration August 5, 2011

Related Web Resources:

Polaris : Victory Motorcycles website

Motorcyclist Online : Recent Victory Motorcycle Recalls

Bike Week Headquarters

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

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

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

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

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

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

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

Related Florida Accident Attorney Article:

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

Sources:

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

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

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

Nationally, motorcycle accident deaths have been declining. However, a national highway safety group gives Florida a "poor" rating when it comes to its motorcycle helmet use law. In Florida, only motorcyclists age 20 and under are required to wear helmets.

The Governors Highway Safety Association (GHSA) released a report this spring stating that motorcycle traffic accident deaths have declined in the United States by 2 percent -- down from 4,465 motorcycle accident fatalities in 2009 to 4,376 accidental deaths in 2010. The previous year saw an even more dramatic drop of 16%, which translates to lives saved.

However the authors of the report are still concerned about risks for motorcycle traffic accident fatalities, particularly as motorcycle helmet use is down from 67 percent in 2009 to only 54 percent in 2010. The GHSA recommends that states strive to push forward increased helmet use, in an effort to save lives and prevent head injuries and deaths when motorcycle accidents occur.

Fort Lauderdale, Florida motorcycle accident injury lawyers are well aware of the devastating injuries that can occur when a motorcycle operator is involved in an auto accident on Fla. city streets, back roads or highways. Motorcycle helmet laws remain a source of controversy in many states, including Florida. While safety advocates encourage the passage of stricter motorcycle helmet use laws, some states -- including Florida -- have resisted the laws.

Florida had a universal motorcycle helmet use law for operators of all ages on the books, but it was revoked in 2000. Opponents to motorcycle helmet laws say the helmets can impede their hearing and vision, and take away from the feeling of freedom riding down the road or highway. However when motorcycle accidents with motor vehicles happen on Florida's city streets or busy highways, the motorcycle operator and his passenger are completely exposed to traffic and at a serious disadvantage.

Florida is known to be a motorcycle friendly state, with conventions such as Daytona Bike Week attracting motorcyclists and onlookers from around the country. However Fla. motorcyclists involved in auto accidents can suffer severe head injuries, which can cause brain damage, paralysis, and death. The National Highway Traffic Safety Administration (NHTSA) reports that in 2008, motorcycle riders killed in Florida accidents numbered at 523 deaths -- 52% were helmeted and 48% were not wearing helmets (NHTSA Traffic Safety Facts 2008 Data: Motorcycles).

In addition to urging states to adopt, strengthen, and enforce motorcycle helmet laws, the GHSA also recommends states work to reduce driver alcohol impairment, reduce speeding, and provide motorcycle operator training to all bikers who require or request it.

New Study: Motorcycle Deaths Decline Slightly But Concerns Develop
GHSA Press Release April 19, 2011

Related Florida Motorcycle Accident Attorney Article:

Report Cites South Florida Streets a Hazard for Car, Bike and Pedestrian Accidents

Related Web Resources:

NHTSA: Motorcycles Safety portal

Insurance Institute for Highway Safety: Motorcycle and Bicycle Helmet Use Laws

Florida Dept. of Highway Safety and Motor Vehicles : Florida Rider Training Program

The South Florida Sun Sentinel reports that a 17-year old boy from West Palm Beach was killed in a weekend motorcycle accident in Coral Springs, Florida.

According to news reports, the fatal motorcycle traffic accident took place at approx. 11:30 a.m. on Saturday, June 5, 2010. The motorcycle operator, identified as Michael Ferraz Lanzoni, 17, of West Palm Beach, Florida, was driving a Suzuki motorcycle when he struck the rear of a Ford Escape SUV near the 9000 block of Wiles Road in Coral Springs, Florida. Lanzoni, who was thrown from his motorcycle, died at the scene. He was reportedly wearing a helmet. The driver of the SUV was treated for injuries at an area medical facility and released.

The Coral Springs motorcycle and car accident remains under investigation.

Florida Motorcycle Accident Fatalities and Facts
According to a recent report by the National Highway Traffic Safety Administration (NHTSA), 5,290 motorcyclists were killed and another 96,000 were injured in the U.S. in 2008. Motorcycle accident deaths increased by 2% over the 2007 figure.

A West Palm Beach car accident lawyer is knowledgeable about traffic laws and safety regulations designed to keep motorists safe on Florida's roads and highways. Some facts:

o The state of Florida requires motorcycle operators to pass a Basic Rider Course through the Florida Rider Trainer Program to obtain the motorcycle endorsement for their driver's license.

o Helmets must be worn by younger drivers under age 21 in the State of Florida, and by older riders with less than $10,000 in medical coverage. (Florida changed its univeral helmet law in 2000 to only cover some drivers.) (Source: IIHS, Q&As: Motorcycle Helmet Laws)

o In Florida, 523 motorcyclists were killed in 2008, a slight reduction compared to 2007. (Source: NHTSA Traffic Safety Facts 2008 Data: Motorcycles)

Friends remember cyclist killed in Coral Springs
SunSentinel.com June 7, 2010

Palm Beach Teen Killed In Springs Bike Crash
CBS4.com June 6, 2010

Related Web Resources

NHTSA Portal: Motorcycles

Florida Safety Council: Florida Motorcycle Training Courses

Florida Dept. of Highway Safety and Motor Vehicles: Share the Road

Insurance Institute for Highway Safety: Q&As: Motorcycle Helmet Laws

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 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 jury found a 26-year-old Miami, Florida woman guilty of vehicular homicide in a car and motorcycle accident that left two motorcycle operators dead. The fatal Florida car accident occurred in Feb. 2008.

Killed were an off-duty police officer from North Miami and a computer operator from West Palm Beach. According to news reports, the two friends, who were en route to Bike Week in Daytona Beach, Florida, were parked along the side of interstate 95 northbound near St. Lucie and Indian River counties. They were struck and killed by the female motorist, Dominique Brice, whom witnesses reported was travelling at high rates of speed, weaving in and out of traffic, and cutting off other drivers. The driver found guilty in this fatal Florida car crash was driving a Saturn.

The jury verdict of vehicular homicide could carry a sentence of up to 30 years. Sentencing will take place in Nov.

Florida Motorcycle Accident Fatalities Highest in the Nation
Fort Lauderdale motorcycle accident lawyers witness the devastation families endure when their loved ones are injured or killed by motorists driving recklessly. The National Highway Traffic Safety Administration (NHTSA) reports that the rate of fatal motorcycle accidents rose by 7 percent in 2007 -- 5,154 motorcyclists died and some 103,000 were injured on the nation's roadways. Of those fatalities, 530 were in Florida -- the highest number killed in the country -- followed by California (495) and Texas (375). (NHTSA Traffic Safety Facts 2007 Data: Motorcycles)

Vero Beach driver found guilty in death of two motorcyclists
TCPalm.com Oct. 14, 2009

Related Web Resources

Motorcycle Safety Foundation

Florida Motorcycle Training Courses

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 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

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

A recent national survey on road rage shows that New York City has replaced Miami, Florida as home to the nation's most aggressive and angriest drivers. (Miami had the dubious distinction of topping the list for four years.) But that doesn't mean the city is a haven for safe drivers: Miami was voted the place where people are most likely to read, shave, or apply makeup while driving.

As Miami accident lawyers know, the personal injury caused by distracted driving is no laughing matter.

NHTSA categorizes "distracted driving" with drowsy driving, and reports that "nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within 3 seconds before the event." NHTSA lists cell phone use and drowsiness as major causes of driver distraction. It is unknown how many Miami car accidents are caused by distracted driving behaviors such as those reported in the survey.

NHTSA reports that applying makeup and reading while driving increases drivers' chances of being involved in motor vehicle crashes by 3 times. Simply reaching for a moving object while driving increases the risk of a crash or near-crash by 9 times. (Source: NHTSA Press Release, "NHTSA, Virginia TechTransportation Institute Release Findings of Breakthrough Research on Real-World Driver Behavior, Distraction and Crash Factors," April 20, 2006).

The survey, commissioned by the Affinion Group, a marketing consulting firm, reports that Miami had dropped to number 7 among cities that experience the worst road rage. The National Highway Traffic Safety Administration (NHTSA) makes a distinction between "aggressive driving" and "road rage," stating that "aggressive driving is a traffic offense; road rage is a criminal offense." (Source: "Welcome to Stop Aggressive Driving," NHTSA.gov).

New York drivers named most aggressive, angry in U.S.
Reuters, Yahoo! News, June 16, 2009

Miami slips from worst drivers list
South Florida Business Journal, June 16, 2009

Related Web Resources

AutoVantage Road Rage Survey

NHTSA: Drowsy & Distracted Driving

Cape Coral motorcycle police officer Damien Garcia, 26, remains in critical condition at Lee Memorial Hospital as a result of serious injuries sustained in a Florida SUV motorcycle crash that occurred Tuesday afternoon.

According to news reports, the accident occurred June 2 after 3 p.m. at Cultural Park Boulevard and Southeast Van Loon Terrace, where the roads were wet with rain. The Florida Highway Patrol reported that the SUV driver, identified as Josephine M. Pierce, 51, of Cape Coral, Florida, collided with Officer Garcia's motorcycle as she attempted to make a left-hand turn across the southbound lanes of Cultural Park. The FHP determined that alcohol was not a factor in this serious Fort Myers area motorcycle accident. Charges are pending investigation.

Florida Motorcycle Accident Fatalities
The National Highway Traffic Safety Administration (NHTSA) published a report on motorcycle accident deaths for 2007. Nationally, that year a total of 5,154 motorcyclists were killed -- a 7 percent increase over the 4,837 motorcyclists who lost their lives in accidents the previous year. Another 103,000 motorcyclists suffered personal injury in traffic accidents during 2007. (Source: NHTSA Traffic Safety Facts - 2007 Data: Motorcycles.)

NHTSA reports that motorcycle fatalities in Florida are on the rise: 566 motorcyclists died in 2007 -- that's up from 365 in 2003 (see link to report below under Resources).

Florida accident lawyers are familiar with the traffic laws designed to keep everyone safe on our roads and highways. Motorcyclists are vulnerable when traffic accidents with cars, trucks and SUVs occur due their exposure to other vehicles and the road itself.

Cape Coral officer critical after crash
News-Press.com June 3, 2009

Related Web Resources

NHTSA: Traffic Safety Facts: Florida 2003-2007

Florida Highway Patrol

A 20-year-old North Fort Myers motorcycle operator and his 18-year-old passenger sustained serious injuries on Sunday when a car crossed their path in Cape Coral, Florida.

According to Cape Coral police, Brett Michael Barnard was driving his motorcycle when a car drove in front of him at Pine Island Road and Andalusia Boulevard. Both Barnard and an unnamed passenger were ejected from the motorcycle and suffered serious personal injuries. Both were wearing helmets. No further details about this Florida motorcycle crash were available pending an investigation.

Florida Motorcycle Accident Statistics and Fatalities
The National Highway Traffic Safety Administration (NHTSA) reports that...

• Florida motorcycle accident deaths are on the rise: 566 in 2007 compared to 365 in 2003.


• Of Florida's 566 motorcycle-related deaths for that year, 273 were wearing helmets, 265 were not wearing helmets, and 28 deaths were classified as "unknown" helmet usage.


• Florida law states that motorcyclists over age 21 are not required to wear helmets, though there is a medical insurance minimum of $10,000 required (American Motorcyclist Association).

When a serious motorcycle-car accident occurs, a Fort Myers motorcycle accident lawyer may be asked to get involved to help the family of an injured biker sort out the details of the crash, and determine who may be liable for personal injuries or death. Motorcyclists and their passengers are at risk on Florida's highways and streets, in part because they are physically more exposed to other traffic and surroundings. Motorcycles require more distance to brake and stop--which car and truck drivers sometimes fail to realize.

North Fort Myers man, 20, seriously hurt in motorcycle crash
NewsPress.com April 26, 2009

American Motorcyclist Association:
Florida State Motorcycle Laws (scroll down the page)

Related Web Resources

NHTSA: Motorcycle Safety Awareness Planner

Florida Dept. of Highway Safety & Motor Vehicles:
Florida Rider Training Program

A Broward County Florida jury found a South Florida driver guilty of vehicular homicide on Monday in a death by dragging case that started off as a fender-bender and escalated out of control.

Abdelaziz Hamze, 25, faces up to 60 years in prison for the death of Sandy Hall, 44, a Fort Lauderdale mother of two, resulting from a June 3, 2007 Fort Lauderdale area car accident.

According to news reports, Hamze was driving a Dodge minivan that struck a vintage Cadillac in which Hall was a passenger. Hamze drove away and the Cadillac, driven by Hall's boyfriend, followed. When the Cadillac caught up with Hamze at a stop light, Hall, her boyfriend and another passenger got out of the car to confront Hamze, with Hall jumping on the minivan's windshield. Hamze drove off with Hall still clinging to the windshield wipers. Hall fell and was trapped beneath the car and was dragged several miles to her death.

Hamze then reportedly drove home, cleaned the blood off his van, switched license plates, and flew to JFK International Airport in New York where he was apprehended by authorities on a plane bound for Greece. Hamze's defense lawyers argued that he acted out of fear for his own life after Hall and her companions surrounded his van, and he was acquitted on murder charges. A Broward County Circuit Judge is scheduled to sentence Hamze on May 1.

A Fort Lauderdale Wrongful Death lawyer can help families who've suffered a loss in a fatal car crash sort out the details to determine who might be liable in the case. This Fort Lauderdale case that began as a rear-ending of a car illustrates how quickly things can go wrong and turn deadly on South Florida's roads and highways.

Broward County jury finds man guilty in dragging death trial
South Florida SunSentinel.com March 24, 2009

Related Web Resource
National Highway Traffic Safety Administration: Aggressive Driving

The Broward County Sheriff's Office and Florida Highway Patrol are stepping up efforts to curb aggressive highway driving that can lead to fatal car accidents in Plantation and Western Broward County, Florida. Law enforcement agencies are cracking down on aggressive drivers on South Florida's heavily traveled highways, interstates, and toll roads including the Sawgrass Expressway, I-75, and I-595.

Operation BAD: Blitz on Aggressive Driving is a multi-agency effort to ticket aggressive drivers in Broward County, Florida, with law enforcement from a number of communities participating, including Coral Springs, Davie, Hollywood, Lauderhill, Plantation, Sunrise, and others. Aggressive and reckless driving behaviors on South Florida's crowded highways can lead to Broward County car accidents causing personal injury or death. Unmarked vehicles as well as cruisers will be patrolling the highways and issuing tickets to offenders.

Florida Highway Patrol will be on the lookout for...

• Aggressive drivers including speeders, tailgaters, and lane changers
• Drivers and passengers not wearing seat belts
• Drivers violating Florida's "Move Over Law," which mandates that drivers approaching and passing emergency vehicles stopped on Florida's highways must slow down to 20 miles per hour under the speed limit or move over to another lane.

The need for the Move Over Law was underscored by an accident that occurred earlier this month, where Sheriff's Deputy Tony Morales was hospitalized after a motorist plowed into his cruiser, which was stopped on I-95 with its emergency lights on while Morales made a routine traffic stop. A Florida personal injury lawyer can help determine who may be liable in a Broward County highway car accident that results in injury or death.

Blitz On Aggressive Drivers Begins In Broward
CBS4.com March 16, 2009

Broward Sheriff's Office plans blitz on aggressive driving
MiamiHerald.com March 16, 2009

Related Web Resources

Florida Highway Patrol: Move Over Law

Florida Highway Patrol

A trial date has been set for the driver involved in a 2007 fatal North Fort Myers car crash that took the life of an Iraq War veteran. Ashley East, 26, of Fort Myers Florida, faces 10 charges in connection with a Dec. 8, 2007 car crash on Hancock Bridge Parkway that killed Army Staff Sergeant Danny Beougher.

Charges against Ms. East include DUI manslaughter and leaving the scene of an accident causing death. Staff Sgt Beougher had been visiting his family over the holidays and was driving west on Hancock Bridge Parkway with his wife, when his Jeep Grand Cherokee was hit by a Ford F350 driven by Ms. East that had crossed the meridian. Staff Sgt Beougher was killed and his wife sustained critical injuries.

A Fort Myers Florida car accident attorney assists the families of people who have been killed in DUI auto accidents in South Florida.

Florida Alcohol Impaired Driving Statistics
Alcohol-impaired driving is the cause of nearly one-third of all fatal traffic accidents in the United States. Some statistics from the National Highway Traffic Safety Administration (NHTSA)*:

• Fatal motor vehicle crashes where alcohol-impaired driving was a factor amounted to 12,998 people killed in the U.S. in 2007.
• The 12,998 deaths add up to one person killed on the road every 40 mins. due to drunk driving.
• Total traffic fatalities in Florida for 2007 amounted to 3,214 deaths. Of those fatal Florida car accidents, over one-third of the drivers had alcohol in their systems.
• According to NHTSA data, drivers with a blood alcohol concentration (BAC) level above the legal limit of .08 or higher, who were involved in fatal accidents, are 8 times more likely to have had a prior arrest for driving under the influence than drivers with no alcohol.

Trial date set for North Fort Myers DUI death
NewsPress.com March 10, 2009

Related Web Resources

NHTSA 2007 Traffic Safety Fact Sheets

The DUI Foundation

If you're arrested for driving under the influence in the Lee County and Fort Myers Florida area, chances are your name will appear on the Sheriff's Office public website. Every week, the Lee County Sheriff's Office posts an updated list of the names, birthdates, home addresses and incident locations for persons arrested for DUI.

The Lee County Sheriff's Office website states that the decision to publically post the names of those arrested for DUI during the past week is part of a larger public safety, education, and law enforcement campaign to reduce the incidents of alcohol-related car accidents in Lee County and Fort Myers Florida.

Florida DUI Laws and Car Crash Fatalities
Driving under the influence of alcohol and other drugs remains a major cause of fatal car, truck, and motorcycle crashes in Florida. Facts:

• Under Florida law, DUI may be proven when a driver has a blood alcohol concentration (BAC) level of .08 or above.
• The Florida Department of Transportation State Safety Office reported that in 2006, the alcohol-related fatality rate for Florida had dropped more than any other state in the USA. Still, alcohol was involved in 32.6% of fatal crashes and 1,099 people were killed by drunk drivers in Florida that year.
• Under Florida Statute, a driver who has been arrested four times or more for DUI may be labeled as a habitual/violent offender.
• In Florida, DUI repeat offenders or those who cause accidents involving serious bodily injury may be subject to felony charges.
• DUI offenders in Florida whose impaired driving results in the death of another may be subject to manslaughter and vehicular homicide charges.

A Fort Myers Florida car accident lawyer helps determine the liability in a DUI motor vehicle accident where personal injury or death occurs. Seems the Lee County Sheriff's Office hopes that publishing the names of persons arrested for DUI on their website will serve as a deterrent and as a safety reminder to the public: Don't drink and drive.

Lee County Sheriff's Office -- Weekly DUI Arrests

Florida Department of Highway Safety and Motor Vehicles:
DUI and Administrative Suspension Information

Florida Department of Transportation State Safety Office:
State of Florida: Highway Safety Plan FY 07

A North Fort Myers Florida motorcycle crash claimed the life of the motorcyclist when he slammed into a PT Cruiser on a deadly Hancock Bridge Parkway curve, earlier this month.

Police say Christopher Zezula, 37, was driving his motorcycle too fast as he traveled eastbound on Hancock Bridge Parkway; he lost control control of his motorcycle on a curve and slammed into a PT Cruiser. Zezula was pronounced dead on the scene. The two motor vehicle occupants were treated at Lee Memorial Hospital for minor injuries. The Lee County Sheriff's Office investigated the scene of the fatal motorcycle-car accident.

The Hancock Bridge Parkway location of this fatal Lee County motorcycle car accident was the same curve where Danny Bougher, a soldier who'd come home to South Florida, was killed by a drunk driver in 2007. According to an MSNBC report, Florida Highway Patrol said a stoplight would not be enough to remedy the problem.

Florida Motorcycle Accidents and Fatalities
The National Highway Traffic Safety Administration reports that despite helmet laws, motorcycle accidents and deaths are on the rise nationally. In 2006, NHTSA reported 562 motorcycle rider fatalities for the state of Florida -- 46.7 percent of those killed were not wearing helmets and in 384 cases, operator alcohol use was involved (NHTSA Traffic Safety Facts 2006 Data: Motorcycles. Updated March 2008).

One dead in North Fort Myers crash
MSNBC.com Feb. 2, 2009

Related Web Resources

Lee County Sheriff's Office

Florida Highway Patrol

Share the Road: 2008 Motorcycle Safety Awareness Planner