Jacksonville car accidents caused by drunk driving: Is it the same as texting while driving? The NY Times reports on legislation in Utah which harshly penalizes people who cause fatal car accidents while texting. Instead of merely facing a fine, offenders may now get up to 15 years in jail — the same as drunk drivers.
“In effect, a crash caused by such a multitasking motorist is no longer considered an ‘accident’ like one caused by a driver who, say, runs into another car because he nodded off at the wheel. Instead, such a crash would now be considered inherently reckless. ‘It’s a willful act,’ said Lyle Hillyard, a Republican state senator and a big supporter of the new measure. ‘If you choose to drink and drive or if you choose to text and drive, you’re assuming the same risk.’ The Utah law represents a concrete new response in an evolving debate among legislators around the country about how to reduce the widespread practice of multitasking behind the wheel — a topic to be discussed at a national conference about the dangers of distracted driving that is being organized by the Transportation Department for this fall.” As a Jacksonville car accident attorney I agree that it is time for Florida to also get tougher on texting drivers. If you or a loved one has been injured in a Jacksonville car accident be sure to call an experienced Jacksonville car accident attorney.
Archive for August, 2009
Jacksonville car accidents caused by drunk drivers: Is it the same as texting while driving?
Sunday, August 30th, 2009Jacksonville dog bite answers
Saturday, August 22nd, 2009
Jacksonville dog bite answers: In Florida dog owners are strictly liable to the victim for dog bite injuries, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness . In addition, dog owners are strictly liable for any damage or injuries caused by the actions of their dogs - bites are not required. This type of law is known as “strict liability”, or liability without fault.
In most Jacksonville dog bite cases, the animal’s owner will be required to pay of the damages caused by the dog attack. Sometimes, however, the dog’s “keeper,” or the person who was taking care of the animal at the time of the attack, may also be held liable. Also in limited circumstances, a landlord may be held liable for the damages caused by his tenants’ dog.
If a dog causes injury, the owner (or in some cases, the keeper or landlord) may be liable for the following damages:
all past and future medical expenses
all past lost wages and any future loss of earning capacity
all past and future pain and mental suffering
damages for all scarring
property damage
The medical expenses associated with a dog bite can be extremely costly, especially in the event of a scarring injury. Scars can be a serious, life-long result of a dog bite. Children, because of their size, are particularly susceptible to bites around the head and face. Scarring injuries not only cause physical problems, but can also cause long term emotional trauma, requiring a significant amount of psychological counseling. If you or a loved one has been the victim of a Jacksonville dog bite be sure to call an experienced Jacksonville dog bite lawyer.
Changes to renewing Florida driver’s licenses
Saturday, August 15th, 2009
Jacksonville drivers renewing their driver’s license are going to find it much more complicated.
Starting in January, Floridians will be required to show valid identification, a Social Security card and two separate documents proving they have a Florida address to get a driver’s license.
The new requirements are part of a controversial change from state driver’s licenses to a nationally compliant card. The licenses will look essentially the same as they do now, but with these changes a license will become compliant with federal government provisions.
This week the Florida Department of Highway Safety and Motor Vehicles launched an education campaign to assist Floridians about what is changing.
People who already have a Florida driver’s license will need to present proof of identification (like a birth certificate), a Social Security number and proof of their residential address when they renew their license. Current driver’s licenses will remain valid until their expiration date, which means everyone will not need to do this in 2010.
New residents to Florida have been required to provide this information since October 2008. A current driver’s license will not be accepted as proof of identification, or proof of residential address.
Why is this being done?
The federal government believes the new regulations will make identity theft harder for criminals and terrorists. I hope it also cuts down on the number of Jacksonville car accidents.
Jacksonville drivers who cause multiple crashes must retake test
Sunday, August 9th, 2009
As a Jacksonville car accident attorney representing victims who suffer personal injuries in Florida, I applaud the Florida Legislature for enacting a new law which mandates that any driver who is convicted of three car accident related moving violations over a three-year time frame will have to pass a driving test, just like when they first received their license.
The new law will take into consideration all car accidents and tickets issued since January of 2009, as prior car accidents will not be counted. Regardless, AAA believes the change necessary.
Although public perception is that elderly drivers are the most likely to cause car accidents, according to the State of Florida, those most likely to be affected by the new law are white men, younger than 40, in and around major cities.
We too hope that this new law will act as a strong deterrent to prevent future Jacksonville car accidents.
Jacksonville car accidents caused by texting drivers
Tuesday, August 4th, 2009
Jacksonville car accidents caused by texting drivers continue to rise. Some state lawmakers want to send a message of their own: Stop driving under the influence of your cellphone or BlackBerry - or be prepared to pay.
“It is impossible for you to drive with your head down and your thumbs on a cellphone,” said Sen. Ted Deutch, D-Boca Raton, who will push for a prohibition on texting while driving for the third consecutive year when the legislature convenes in March.
The issue has earned a national profile, with news reports of text-related accidents varying from the tragic (25 people died in a California commuter train crash when the engineer sent a text message) to the troubling (a Hillsborough County teenager playing hooky from high school in May rear-ended a police cruiser as she looked down to type).
And the Florida Legislature has taken notice.
After no bills were offered to rein in texting and driving in 2006, five were filed in 2007.
This year, 11 bills were sponsored by Republicans and Democrats in the House and Senate. The bills varied from prohibiting texting for all drivers to banning only minors from using the mobile devices. Fines would have ranged from $30 to $500 for repeated violations.
One of the bills, known as Heather’s Law, is named after Heather Hurd, one of two Polk County women who died in an eight-car pileup caused by a tractor-trailer driver who was texting.
In 2008, 15 people were killed in Florida and 1,400 injured because of distracted drivers. The state does not track how many accidents specifically involve texting, although Florida Highway Patrol crash reports are being reformatted to include that information.
“We know crashes are occurring due to this problem,” FHP Lt. Tim Frith said. “However, getting a driver to acknowledge it during the crash investigation is the problem.”
But despite the flood of bills this year, Florida remains one of 36 states with no law against texting and driving. While lawmakers have debated taking cellphones away from minors behind the wheel, the issue of texting from behind the wheel has not received a legislative hearing. As a Jacksonville car accident attorney I continue to investigate accidents caused by texting drivers. Our lawmakers must pass a bill to stop these accidents from happening. If you or a loved one has been the victim of a Jacksonville car crash call The Law Office of Henry Gare at (904) 387-6101