Florida Accident Attorney Blog

Concerns about the quality and safety of Toyota vehicles continue to mount, as the car manufacturer issues yet another safety recall -- this time for the four-wheel drive 2010 Tacoma pickup truck.

There is concern that the front drive shaft in some 2010 Tacoma trucks could be cracked -- an equipment manufacturing defect that could lead to malfunction and loss of vehicle control, which in turn could cause serious car and truck accidents.

The Tacoma recall is just the latest in a series of public safety and public relations problems for Toyota, which has been in the headlines since late last year when news of fatal car accidents blamed on faulty gas pedals came to light. An additional braking problem with hybrids such as the Prius prompted an additional recall -- while Toyota had shut down manufacturing and tried to come up with fixes for millions of vehicles.

Florida truck accident attorneys with experience handling product liability and defective auto parts cases monitor safety recalls such as this one closely. The Toyota Tacoma recall is a voluntary recall for owners to bring their trucks to a dealer for the drive shaft to be inspected and repaired, if needed. The Toyota website states that owners of affected vehicles will be notified by mail beginning in March.

Pickup trucks used to be mainly driven by construction workers and others who needed a powerful vehicle to haul equipment and supplies for work purposes. Now pickup trucks with modern comforts and amenities, such as the Toyota Tacoma, are driven by many people who simply like to drive trucks -- whether for off-roading, commuting to work, taxiing the family, or pulling trailers for recreational activities such as boating. If you live in Florida and are driving a 2010 Toyota Tacoma, contact your local dealer or visit Toyota.com for more information.

Truck recall adds to Toyota's troubles
AFP, Yahoo! News Feb. 13, 2010

Toyota Extends Recall To 2010 Tacoma Trucks
AP, Fox40News.com Feb. 12, 2010

Toyota Announces Voluntary Recall on 8,000 2010 Model Year Tacoma 4WD Trucks to Inspect the Front Drive Shaft
Toyota.com News Release, Feb. 12, 2010

Related Web Resources

Toyota.com: 2009-2010 Recall List

Toyota.com: Tacoma

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

Florida drivers with a Honda in the garage can now share in Toyota owners' headaches and safety concerns, as they all flock to auto dealers for recall repairs. This week Honda recalled hundreds of thousands of cars due to concerns about potentially dangerous airbags. Honda issued a news release stating that the airbags could inflate with too much pressure -- enough force to rupture the air bag casing, which could cause serious personal injury or even death.

Toyota's latest safety recall involves its popular hybrid model, Prius -- which reportedly has a glitch in the braking system. Owners report the brakes fail to engage immediately when applied over rough roads, which could lead to serious auto accidents. The Prius recall adds to the public relations nightmare for Toyota, which hit news headlines late last year for problems with gas pedals becoming ensnared in floor mats.

The Toyota gas pedal recall expanded to millions of cars, trucks, and SUVs earlier this year, with reports of gas pedals being slow to rise when drivers try to decelerate their vehicles.

Fort Lauderdale, Florida product liability lawyers with experience in personal injury cases involving defective auto parts are watching these latest consumer recalls carefully. CNN reports that there are already several lawsuits in the works against Toyota, as nervous consumers wonder if the car in their driveway is safe to drive.

Honda recalls 438,000 cars for airbag hazard
CNN.com Feb. 10, 2010

Toyota Recall -- Special Coverage
CNN.com Feb. 9, 2010

Related Web Resources

Toyota Recall Information

Statement by American Honda Motor Co., Inc., Regarding Expansion of Driver's Airbag Inflator Recall
Honda News Release, Feb. 9, 2010

Florida motorists who own a Camry, RAV4, Avalon, or any other number of popular Toyota cars, trucks, and SUVs may have reason to be concerned as to whether they are safe to drive.

Toyota, which has prided itself as an industry leader in building safe, reliable cars, has expanded its safety recall of millions of vehicles. They've also done what no other auto manufacturer has ever done before -- stopped production and sales while they try to identify the source of a suspected automotive defect that could lead to deadly traffic accidents on Florida and U.S. roads and highways. Six factories so far are involved in the shutdown.

Problems for Toyota made the news last year when in November, the National Highway Traffic Safety Administration (NHTSA) announced that the auto maker had a fix for a problem with the gas pedal becoming entrapped by floor mats on some models. The serious safety issue came to light after fatal car crashes were attributed to the accelerator getting stuck and motorists being unable to stop their out-of-control, speeding vehicles (see previous blog entry, Florida Driving Alert: Toyota Lexus Issues Safety Advisory After Fatal Car Accident Involving Floor Mats).

However, Toyota has now expanded the recall in the U.S. and to Europe and has stopped production and sale of vehicles that may have the potential for the same deadly problem. It is unclear what repairs or redesign Toyota will come up with to permanently fix the problem. The Associated Press reports that Toyota learned about an accelerator problem for the Tundra in March 2007; concerns about truck accidents arose when owners reported the gas pedal was slow to rise when they tried to slow down.

Fort Lauderdale car accident lawyers follow automotive safety recalls closely, as they involve auto manufacturer product liability and Florida driver safety. We have not heard the last in this historic automotive recall and production and sales stoppage -- as Toyota works to identify and fix the source of the problem, dealers stand by idle with showrooms and lots full of cars, and consumers wonder what to do with vehicles that they thought were safe to drive. Car and Driver reported that owners of affected cars may be able to ask for and obtain loaner vehicles (see link below), though to date, Toyota had not issued a mandate for dealers to loan out other cars.

Toyota recalls additional 1.09M vehicles in US
Associated Press, MiamiHerald.com Jan. 28, 2010

Background: Toyota Announces Fix for Accelerator Pedal Entrapment Problem
NHTSA Press Release Nov. 25, 2009

Related Web Resources

Frequently Asked Questions For Sticking Accelerator Pedal Recall and Suspension of Sales
Toyota Press Room Jan. 2010

List of Recalled Toyota Models
NHTSA Office of Defects Investigation Jan. 28, 2010

How To: Safely Drive a Recalled Toyota (Or Score a Loaner)
Car and Driver Jan. 27, 2010

Toyota recall Q & A: What to do if your car suddenly accelerates
Los Angeles Times Jan. 28, 2010

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

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

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

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

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

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

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

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

A Florida Turnpike road worker was killed early last week when he was struck by a dump truck at a construction site. The Fort Lauderdale highway accident occurred near the Commercial Boulevard exit ramp, where work to widen the road was taking place in the northbound lanes.

According to news reports, this fatal construction accident occurred around 3 a.m. on Tues. Dec. 8. Florida Highway Patrol reported that Arturo Moradiellos, 64, was working with the Community Asphalt Corp. construction crew. Moradiellos was standing in back of a dump truck when it backed up over him.

FHP reports that a preliminary investigation of this Florida Turnpike death showed that the backup alarm on the dump truck was working, but the victim failed to hear it. Alcohol did not appear to be a factor. The driver of the dump truck was part of the same road crew as his colleague who was killed.

Fort Lauderdale construction accident lawyers realize the dangers inherent in road construction work. Such projects often work overnight, in tight spaces, to minimize lane closures and traffic congestion for the thousands of commuters and vacationers who travel the Florida Turnpike daily.

Highway construction workers are also at risk of being struck by motor vehicles that swerve into the construction site. This fatal Fort Lauderdale, Florida highway accident remains under investigation.

Turnpike Construction Worker Killed On The Job
CBS4.com Dec. 8, 2009

FHP: Turnpike worker killed in accident
MiamiHerald.com Dec. 8, 2009

Related Web Resources

Federal Highway Administration: Work Zone Safety

National Work Zone Safety Information Clearinghouse

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

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

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

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

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

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

Related Web Resources

NHTSA School Bus Safety Program

School Bus Information Council

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

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

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

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

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

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

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

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

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

Related Web Resources

Transportation for America: Dangerous by Design

BikeWalkLee

Florida drivers should be aware of an ongoing large-scale defective auto product recall issued by Toyota/Lexus, which affects popular models including Camry, Avalon, Prius, and Tacoma vehicles manufactured between 2004 and 2010 (see link to advisory, below, for exact models and years). It is the largest product recall in Toyota's history affecting millions of vehicles.

The recall occurred following a highly publicized fatal car crash in California in August, where a 2009 Lexus reached speeds of 120 mph when the gas pedal became stuck in the open position. NHTSA attributed the problem to the accelerator pedal becoming snared by an ill-fitting removable floor mat. The family in the Lexus placed a frantic 911 call prior to crashing into an SUV, flipping and bursting into flames. The crash killed the vehicle's driver and occupants: an off-duty California highway patrol officer and three members of his family. The L.A. Times reported that the Lexus involved in the accident was a loaner car from the dealer, and that the floor mat was improperly installed.

Toyota has stated that it will change the length of the gas pedal and the shape of the floor underneath it to avoid future motor vehicle accidents. In addition, Toyota will replace any of its floor mats in the affected models with new floor mats. The Toyota newsroom issued instructions of what drivers should do to avoid a car accident if their gas pedals become stuck. However an investigation by ABC News reported up to 2,000 consumer reports of "runaway" Toyotas, leaving some safety experts and dealers to question whether the car manufacturer's planned solutions will fix the root problem.

A Florida auto product liability lawyer is familiar with laws and safety regulations put in place to protect consumers from being injured or killed due to automotive product defects. Defective tires is another area of motor vehicle safety concern that makes news headlines whenever a tire recall is issued.

NHTSA's SaferCar.gov website provides a searchable database for consumers to check for product recalls related to their vehicles or tires.

Toyota Announces Details of Remedy to Address Potential Accelerator Pedal Entrapment
Toyota Press Room Nov. 25, 2009

Toyota Recall Fails to Address 'Root Cause' of Many Sudden Acceleration Cases, Safety Expert Says
ABC News Investigation Revealed Over 2,000 Complaints of 'Runaway Toyotas'
ABCNEWS.com Nov. 25, 2009

New details in crash that prompted Toyota recall
L.A. Times Oct. 25, 2009

Related Web Resources

Toyota/Lexus Consumer Safety Advisory:
Potential Floor Mat Interference with Accelerator Pedal (Models & Years listed here)
Toyota Press Room Sept. 29, 2009

Toyota recalls 3.8 million vehicles
Potentially dangerous floor mats cited for company's largest U.S. recall
MSNBC.com Sept. 29, 2009

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

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

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

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

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

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

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

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

Related Web Resources

Lauderhill Police Department

South Florida Traffic Reports

Florida Safety Council

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

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

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

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

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

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

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

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

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

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

Related Web Resources

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

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

Stay Alive ... Just Drive! Program

When you purchase new tires for your car, van, truck or SUV, you drive away with the impression that you've invested in brand-new tires for your vehicle. What could be safer than new store-bought tires that have never hit the pavement? But are those new tires really new? You won't know for sure unless you check the tire date code, which the manufacturer stamps on the outer sidewall of the tire.

Florida tire defect attorneys Jason and Debi Chalik were featured on Comcast Newsmakers discussing tire date coding -- an important piece of information that the average consumer doesn't know is there. "If you look at the outside ring of the tire, there's a four-digit code," said Attorney Jason Chalik. "That four-digit code tells you the week and the year the tire was made. So if you see '1205' -- that means the tire was made the twelfth week of 2005."

Why Unused Tires More Than 6 Years Old May Be Unsafe to Drive
The Chaliks believe the tire industry should set an expiration date on tires more than six years old. "The U.S. Department of Transportation has done their own research and has made Congress aware that tires should not be driven if they've never touched pavement and they're more than six years old," said Attorney Debi Chalik, in an interview from the University of Miami. "There's an inherent defect where the metal inside the tire corrodes and the rubber itself dries out. The tire industry is aware of this."

The law firm cited the case of a client who was involved in a serious car accident causing permanent brain injury. The client needed a new tire for his SUV. The tire store he patronized put his spare on the rear passenger side of the car, and then they put a tire he purchased in the spare position. Though the original spare looked fine on the outside, it was actually more than 8 years old and had deteriorated on the inside. The tire tread came apart while the young man was driving and he lost control of his SUV, which flipped several times and ejected him. Defective tires and tire failure can cause loss of vehicle control and serious Florida traffic accidents, such as this one. "Unfortunately, our client suffered a catastrophic brain injury and is currently at a brain injury institute," Attorney Chalik said.

The tire store in this case claimed they did not know that tires more than 6 years old may be dangerous to drive on. The Chaliks urge all motorists to check the date codes on the tires they're currently driving on, as well as their spare tires. If any are more than 10 years old, consider getting them checked and replaced. To watch the interview with the Chaliks in its entirety, go to Firm News / Successes and scroll down to "Debi Chalik and Jason Chalik Discuss Tire Safety."

Related Web Resources

TireRack.com: Determining the Age of a Tire

NHTSA: Tire Safety: Everything Rides on It (PDF brochure)

The Florida Highway Patrol (FHP) blamed heavy rains and slick pavement for multiple motor vehicle crashes and pile-ups that occurred along Florida Interstate 75 on Saturday night.

According to news reports, the following car, SUV, and truck accidents took place:

--A female motorist, who saw an SUV slide off the road and go into the brush, pulled over and got out of her car to help during a heavy downpour. As she dialed 911 for emergency assistance, three vehicles collided behind her vehicle and a truck ran into the meridian. Two motorists, one from Cape Coral and another from Fort Myers, Florida suffered minor injuries. This accident occurred near Palm Beach Boulevard on I-75.

--The Lee County Sheriff's office reported that a truck driver was hospitalized in critical condition following a single-vehicle accident. The driver was ejected from his vehicle, which landed upside down and damaged a bridge on SR 31 south of Bayshore Road.

Fort Myers, FL car accident lawyers may be consulted in cases where personal injury or fatality occurs due to reckless and/or impaired driving, driver negligence, or equipment failure. The FHP stated that the I-75 accidents that occurred Saturday night were due to poor driving conditions and drivers more likely "not paying attention" rather than speeding.

At press time, there were no traffic fatalities resulting from these Sat. night accidents. Heavy rain, slick road conditions, and poor visibility are not to be underestimated as driving hazards. Highway pile-up accidents can cause multiple deaths and injuries when motorists come upon existing accidents and are unable to safely stop, and they become part of the accident scene themselves.

Wrecks Litter I-75 in the Rain
News-Press.com, Sept. 27, 2009

Related Web Resources

Florida Dept. of Highway Safety

Florida Highway Patrol

The U.S. Dept. of Labor, Bureau of Labor Statistics (BLS) reported that the national rates of fatal work injuries are down, including in Florida. Preliminary data released for The National Census of Fatal Occupational Injuries showed that 5,071 work injury fatalities were reported in the United States in 2008 -- down from 5,657 work deaths reported in 2007.

Florida work related deaths declined from 363 in 2007 to 290 in 2008. Of those deaths,

107 were due to transportation accidents
56 were caused by assaults and violent acts
41 resulted from "contact with objects and equipment"
Fall accidents caused 39 deaths
Exposure to harmful substances or environments caused 38 workers to perish
6 workers died in fires or explosions

Nationally, construction accidents causing death declined by 20 percent, in the private construction sector, and fatal falls were down. However rates of workplace suicides rose by 28% (though workplace homicides decreased), and fatal workplace injuries in the forestry, farming, and fishing industries also saw an increase. The BLS will release the final statistics in April 2010.

The National Census of Fatal Occupational Injuries in 2008 (PDF file)
U.S. Department of Labor, Bureau of Labor Statistics, Aug. 20, 2009

Related Web Resources

Census of Fatal Occupational Injuries (CFOI): Current and Revised Data

Florida Safety Council: OSHA Training

Florida Atlantic University: Institute for Design and Construction: Safety Science

Anyone who's experienced a flat tire on Florida's roads and highways knows how important it is to have a good spare. But is that full-size spare tire that's been stored in the back of your car, truck, or SUV, unused for years, really safe? Your spare may look new, as it's never hit the pavement. But there's a potential danger that many Florida drivers are unaware of -- one that can cause serious and even fatal car accidents.

Aged Tires and Tire Blowout Accidents
Tires that look brand new may actually have been manufactured many years ago. "Every tire has a code and is stamped with the exact week and year in which the tire was made," said Attorney Jason Chalik in an interview conducted at the University of Miami. "The average consumer doesn't know that." To learn more about how to find the tire manufacturer date code on your tires, visit our Tire Date Coding and Safety webpage.

As experienced Florida tire product liability lawyers, the Chaliks have studied the factors that affect tire safety and tire defects, as well as tire date coding and the perils of driving on a spare that may look new but in reality, is old and unsafe. "We are currently handling the case of a young man who was driving on I-595, and the rear passenger tire tread completely fell apart," said Attorney Debi Chalik. "The entire tire unraveled. The tire was the original spare tire with the vehicle. It happened to be 10 years old at the time of the accident. What we learned through the case is that even though that tire had never hit pavement before, and the tread looked perfectly fine...the inside of the tire actually corrodes over time."

Added Attorney Jason Chalik: "We believe there should be an expiration date; that a tire that has not been driven and is six years old or more is unsafe to drive. With the heat of Florida, the rubber deteriorates." For video of the full interview, visit our Firm News / Successes page and see "Debi Chalik and Jason Chalik Discuss Tire Safety," Comcast Newsmakers, January 2009.

For more general information on tire recalls and defective tires, please visit our Tire Defects webpage.

Related Web Resources

NHTSA: Vehicles and Equipment: Tires

SaferCars.gov: Tire Safety Ratings Database

The attorney representing a woman injured in a fatal Florida semi-truck crash is asking the courts to reconsider the case.

The fiery commercial truck accident involving two semi trucks -- one transporting potato chips for Frito-Lay and another carrying hot dog meat -- occurred Oct. 12, 2007, at the U.S. 441 exit off I-75 in Alachua, Florida, around 7 a.m. According to news reports, the Florida Highway Patrol had ordered traffic diverted off interstate 75 southbound due to an earlier accident in Gainesville. I-75 begins near Miami, Florida and ends at the Georgia state line.

Alachua Police were directing traffic when the accident between the two semitrucks and a van transporting employees to the V.A. Medical Center in Gainsville occurred. Reports state that the Frito-Lay semi-truck slammed into the rear of the semi carrying hot dog meat, forcing it into the van. The Frito-Lay truck driver was killed in this Florida highway traffic accident.

A Florida attorney representing a woman in the van who suffered personal injury objects to the jury's findings, which split negligence across four parties: the Alachua Police Dept. (35% negligent), the deceased Frito-Lay truck driver (15% negligent), the van driver (35% negligent), and the hot dog meat semitruck driver (15% negligent). No monetary compensation was awarded in this case. The lawyer for the injured woman asserted that the deceased truck driver had a history of hypertension and traffic violations, and that the trucking company should have been held accountable for full damages.

Florida truck accident lawyers have experience and knowledge in the areas of personal injury law and liability, in complex cases like these involving multiple drivers and entities. The attorney representing the woman injured in this accident has scheduled an October 2 date asking for the case to be reconsidered. He would like to see charges against the Alachua Police Dept. dropped, as they were not named a defendant in the original lawsuit in Florida. He alleges that assigning a percent of negligence to parties not named in the original lawsuit is a tactic used by trucking companies to avoid paying full damages. His client had filed a lawsuit against FL Transportation Inc., which maintained the Frito-Lay Orlando Traffic Center where the deceased potato chip semi-truck driver was headed.

Attorney wants ruling against Alachua Police Department dropped
The North Florida Herald, Sept. 17, 2009

Jury finds Alachua police, others negligent in crash
Gainsville.com Sept. 4, 2009

Related Web Resources

Alachua County, Florida

Federal Motor Carrier Safety Administration

The National Highway Traffic Safety Administration (NHTSA) released its list of Safety Defect/Noncompliance Notices for August 2009. While no notices were listed under the specific category for Tires and defective tires, a related item on tire pressure safety appears under Vehicles.

Jaguar is recalling 34 of its luxury XF cars, year 2010, because the tire placard label information regarding air pressure does not correspond to the tires on those cars. Incorrect tire inflation can cause vehicle instability, which in turn can lead to serious car crashes. The Jaguar recall commenced on Aug. 19, 2009. Other NHTSA motor vehicle related recalls for the month included...

• Curt Class 1 receiver hitches, P/N 11500, which were sold for use on Nissan Infiniti EX35 crossover SUVs years 2008 - 2010. The car bumper may pull away from the frame if the hitch is at maximum load, which could lead to serious traffic accidents.
• AFX recalled certain FX-28 motorcycle helmets that failed to comply with federal safety standards for penetration. When a motorcycle accident occurs, the operator's helmet may be the one thing that saves his or her life. The recall is scheduled to begin in Sept. 2009.

While it doesn't make the news headlines as often as the issue of defective tires, aging tires and tire date coding is also a safety concern for motorists.

A Florida defective tires lawyer is familiar with product liability and consumer safety protection laws as they relate to the performance of motor vehicle tires, and other products and equipment essential to the safe operation of our cars, trucks, SUVs, and motorcycles.

SAFETY DEFECT/NONCOMPLIANCE NOTICES
RECEIVED DURING AUGUST 2009 (PDF file)
NHTSA Monthly Recall Reports, Sept. 2, 2009

Related Web Resources

NHTSA Defects & Recalls: Monthly Recall Reports

Jaguar USA

Curt Manufacturing

AFX North America

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

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

Florida Female Drivers and Drunk Driving Deaths

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

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources

Fort Myers Police Department

University of North Carolina Highway Safety Research Center

Pedestrian and Bicycle Information Center