Archive for September, 2008

Move Over Florida: Preventing Florida accidents involving police and emergency vehicles

Tuesday, September 30th, 2008

icopsRepresenting a car accident victim the other day in Jacksonville Traffic Court, I noticed a man there who received a citation for not moving over a lane as he passed a parked Florida Highway Patrol vehicle. The man defended that he did not know of the law. I’m sure that many people are not aware of the law. I recently heard about a campaign to crack-down on violators of the move over law, but wasn’t aware the law had been in effect for so long. The law was enacted in 2002. The law requires you to move one lane away from parked law enforcement or emergency vehicles with flashing lights. If that is not possible, the motorist is required to slow down 20 mph under the speed limit while passing the vehicle. The law also applies to construction workers on the side of the road.

During the Move Over Florida enforcement wave, nearly 1,500 warnings and citations were issued. I was surprised to learn that over 1,793 law enforcement vehicles were hit during the five year period 1996-2000. These Florida accidents resulted in hundreds of injuries and 5 deaths. Law enforcement and other public safety worker’s jobs are dangerous enough without having to worry about getting hit by a passing car. Next time you pass a stopped emergency vehicle with its lights on, remember to either move a lane over or slow down by 20 mph.

Jacksonville Car Accident Victims Can No Longer Sue Rental Car Companies

Saturday, September 20th, 2008

rentalsThe U.S. Court of Appeals has ruled that the federal law eliminating vicarious liability for rental car companies nationwide is fully constitutional. In what is certainly bad news for those injured in Jacksonville car accidents caused by the negligence of rental car drivers, Federal Law now definitively prevents any such personal injury cases against those rental car companies. While the United States Congress previously enacted the so-called Graves Amendment, a number of lower courts in Florida had found the amendment to be unconstitutional.

However, last month, the 11th Circuit Court of Appeals, which essentially oversees all cases in the Southeastern United States, issued a ruling that the Graves Amendment is constitutional. This ruling, for all intensive purposes, puts an end to all such personal injury and wrongful death cases against all rental car companies.

Text Messaging Engineer may have been cause of LA Metrolink Crash. A lesson for Jacksonville and Florida Drivers

Tuesday, September 16th, 2008

metroAs a Jacksonville accident attorney I have represented victims who were injured when another driving was text messaging. The NTSB is currently investigating whether or not text messaging may have played a part in the tragic head-on Metrolink train collision last Friday in LA that has claimed 26 lives. So far, they have confirmed that the engineer, who was among those killed, failed to stop at the final red signal. However, two teens have come forward saying that they received text messages from him shortly before the incident Why an adult engineer is texting teenagers is weird—but the teens claim that they befriended the engineer after expressing interest in his work, often contacting him with questions about his job.

Obviously, making judgments about whether or not text messaging was behind the crash is a bit premature at this point—but phone records from both the teens and the engineer will go a long way in determining a cause. But one thing is certain—had the proper safety technology been in place, the train would have automatically stopped when it did not respond to the signal.

Florida’s Roads Ranked 41st In Nation Overall

Monday, September 15th, 2008

highwayAs a Jacksonville attorney who represents auto accident victims everyday, it came as no surprise to me when I read in the Times-Union that a University of North Carolina professor, David Hartgen, ranked Florida’s roads as 41st best in the nation (or ninth worse if you prefer). Dr. Hartgen ranks roads using 12 criteria such as traffic fatalities, congestion, how much money is spent on roads per number of road miles in the state and urban interstate congestion.

Florida transportation officials dismiss Dr. Hartgen’s findings. They say that not every state reports the same statistics so his study compares apples to oranges.
One thing that cannot be debated, using Dr. Hargen’s analysis, is that Florida ranks the 15th worst in traffic fatalities as per the number of vehicle miles driven annually in Florida. Another criteria which Florida ranks high in is urban interstate congestion. Florida ranks 11th worst in the nation with 57% of interstate road miles deemed congested. Anyone who’s driven in Jacksonville during rush hour probably is not surprised by this number. Florida was almost the worst (49th) in spending on roads. This study echos how important it is for drivers to slow down and be careful (especially when driving in Jacksonville).

(more…)

Would raising the legal age to drive in Florida prevent auto accidents?

Wednesday, September 10th, 2008

It’s a question that is asked across the state of Florida, wherever a new teen driver is turning a key in an ignition.

Is 16 the right age to get a driver’s license in Florida?

Researchers for the Insurance Institute for Highway Safety say the answer is no, and they point to statistics to back up the position that raising the driving age makes sense and would save lives.

The insurance institute has pressed the question for years. At this week’s annual meeting of the Governors Highway Safety Association in Scottsdale, Ariz., institute President Adrian Lund is going to push it further. Although Lund doesn’t expect to lobby state legislatures, he said Monday he will advocate for a higher minimum driving age in his speech Tuesday.

The institute’s 17-page report collects research on the minimum driving age from the United States and countries that have higher licensing ages. The research shows states are making progress in reducing the No. 1 killer of teens—motor vehicle crashes—through graduated driver licensing. The laws ease restrictions on teen drivers as they gain experience and keep a clean driving record.

In a prepared statement for release Tuesday, the institute contends research shows “that licensing at later ages would substantially reduce crashes involving teen drivers.”

The example the institute uses most prominently is New Jersey, the only state with a minimum driver’s license age of 17. The report cited a study from 1992-96 in which the rate of crash-related deaths among 16- and 17-year-olds was 18 per 100,000 in New Jersey, compared with 26 per 100,000 in Connecticut, which had a minimum driver’s license age of 16 and 4 months.