Gainesville, Ocala, Lake City & Inverness, Florida Accident Attorney and Alachua County DUI Lawyer Blogs

Roadside Emergencies - Move Over or Slow Down! Gainesville, Fl Accident Lawyer Explains the Law.

Imagine attempting to render aide in an emergency roadside situation with cars flying by at 70 mph 5 feet away and not knowing if the drivers are texting while driving or...?

Recently, the NSC reminded us of the Move Over Act that was passed in Florida in 2002. This important law protects our roadside emergency responders from injuries and death in the line of work. It was estimated that between 1999 and 2009, more than one emergency worker per month was killed while aiding a motorist by the side of the road.

As a local Gainesville, Floriida accident lawyer, I applaud the NSC for their timely safety alert while many Floridians and visitors are on the roadways this summer. This alert and law is of even more importance in this day and age of driving distracted and multitasking behind the wheel. 

Unfortunately, this vital law is one that the majority of drivers (71%) are not aware of despite the growing number of roadside signs and TV campaigns. I urge all Floridians to learn about this crucial law, and to move over or slow down for emergency vehicles-help protect those who help protect us!

The Move Over law is simple all we need to remember is - MOVE OVER for emergency vehicles stopped on the side of the road and if that is not possible then we must slow down 20 mph under the speed limit!  Emergency vehicles include: police cars, ambulances, fire rescue vehicles, and tow trucks.  However, if we just treat any vehicle with flashing red, blue, or amber lights stopped on the side of the road as an emergency vehicle and move over or slow way down, we are following the law.  This is also a good rule of thumb for any vehicle stopped on the side of the road with engine or tire malfunction.

Allow emergency workers room to do their job, concentrating on the emergency at hand, in a relative zone of safety. It just may save a life and it could be yours or a loved one's.

For more information:

What do I do when an emergency vehicle is in my rear-view mirror with its lights flashing?

7 Simple things to help make your holiday weekend safe.

The latest on children and motor vehicle accidents - local accident attorney gives advice.

If you could protect your child from the leading cause of death among U.S. children, would you?

As a father and a Gainesville and Ocala accident attorney, I'd guess you would. The solution-buckle them up in an age-appropriate child safety seat.  It's that simple.

The National Highway Traffic Safety Administration (NHTSA) recently released a study stating that proper use of a safety seat significantly lowers the risk of a fatal or debilitating injury in any type of traffic crash for children up to 7 years old.

The NHTSA looked at almost a decade of traffic statistics from 1999 to 2008.  They discovered that child safety seats make a significant difference in keeping kids alive in a crash.

Data shows the most dangerous traffic accident for children up to 7 years old is a rollover crash.  In a rollover, unrestrained children are almost three times more likely to sustain incapacitating or life-threatening injuries than properly restrained children.

In near-side impacts, unrestrained kids are eight times more likely to receive fatal or debilitating injuries than restrained children.

And what are we protecting kids from?  Hands down, head injuries (or Traumatic Brain Injury), like cerebrum contusions or lacerations, being the most common-especially for kids under 1 year's old.  Data shows that skull fractures are more common among older kids, ages 1 to 7 years old, along with, hand and lung injuries, bowel injuries and injuries to legs below the knee.

The good news is traffic crash injuries may be preventable-just buckle up!

For more information:

Its the Law: The Importance of Car Seats

Florida Law on Child Safety Seats

Protect your most precious cargo

Why is a childhood traumatic brain injury (TBI) from a car accident so dangerous?

Gainesville, Florida accident attorney talks about the high cost of speeding.

Safety tips for elderly drivers.

Florida leads the country in older driver related deaths.  Here are just 2 examples of accidents caused by older drivers this year in Florida.   Near Tampa, 2 were killed and many hospitalized, when an 81 year old woman failed to yield the right of way to a tour bus, causing it to flip over and eject its' passengers.  In Fort Meyers, an 82 year old man was killed when he pulled out in front of a truck. 

Some of the most common accidents seniors are involved in are failing to yield the right of way and making unsafe left turns in busy intersections.  These crashes are often serious and involve several vehicles.

The good news is that getting older does not necessarily mean a person's driving days are over. Keeping physically fit, getting regular vision check ups and paying attention to your reflexes and mental status, can help older people drive safely longer, according to the National Highway Traffic Safety Administration. 

Since 2004, Florida law requires drivers over 80 to pass a vision screening exam before they can renew their license.  As an accident attorney, I recommend vision screening more frequently than the required every 8 years. It has been found that many times an older person's 1^st realization that their eyesight has changed is when they have been in an accident.
Here are some other safe driving tips for senior drivers:   

• Plan your trip ahead of time and avoid heavy traffic.
• Follow the speed limit.
• Always buckle up.
• When you start a new medication, read the label and ask your doctor and pharmacist if it will effect your driving.
• Do not drink and drive.
• Do not drive distracted by eating, or using a cell phone.
• Take frequent rest stops.

However, despite all the above self regulating measures, the crash rate per mile driven begins to increase at age 65.

For more information:

I am 75.  How can I tell if it is time for me to give up my car keys?

Are older drivers more dangerous drivers?

When your vehicle breaks down on the Highway...

With the start of vacation season around the corner, it is time to be prepared for roadway emergencies. Here is one - You're on the highway, cars are flying past at 70 mph-and you have a flat tire. You have to pull over on the interstate shoulder, but what should you do?

Although dangerous, some simple safety precautions can help you survive a breakdown on the highway. As an experienced accident attorney who has seen numerous interstate crashes, I'd like to review how to increase your safety if you breakdown on the highway.

National Safety Commission (NSC) recommends the following:

1. Stop safely on the highway shoulder. The shoulder is meant for true emergencies-not picnicking or stretching your legs. You may need to make your way across several lanes. If you cannot make it to the shoulder, turn on your hazard lights and exit the vehicle when safe. 

2. Once you come to a complete stop on the shoulder, turn your wheels all the way to the right, away from traffic. 

3. Turn on your hazard lights and headlights for visibility.

4. Exit the vehicle on the passenger side, or whichever side is farthest from traffic. Get to safety, possibly behind a barrier-but not between your car and oncoming traffic. 

5.  Use your cell phone to call for help and roadside assistance. In Florida, dial *FHP to contact the Florida Highway Patrol. Then contact family members to let them know where you are.

For more travel safety information:

Protect Your Child on the Road - Follow the Law and Be Safe 

Car seat safety is for everyone.

Did you know that car seat safety isn't just for kids?  A driver's seat safety has serious consequences for spinal, neck, and back injuries in a crash. Car seat safety is for everyone.

As an experienced accident attorney, it is my mission to educate drivers about basic automobile safety, such as car seats.  Did you know that if a car's seat rating or positioning is poor, serious whiplash injuries may occur during an accident?

The National Safety Commission (NSC) recommends that drivers take these safety steps: 

1. Check the head rest position. It's all about geometry. A head rest should reach approximately the midpoint of the skull (about 9 cm, 3.5 inches, below the top of the head).
2. Put your seat in an up-right, locked position.  If a seat is too far reclined, the greater the distance the body travels and the more violently the neck snaps back in a crash. Don't recline your seat, it's dangerous.
3. Position the seat at least 10 inches from the airbag.
4. Buckle the seatbelt low around your waist. Adjust the height of the seat belt, if necessary, and wear the shoulder harness across your chest.
5. When purchasing a car, check the Insurance Institute for Highway Safety's (IIHS) car seat safety ratings.    

A car seat protects a driver or passenger in the event of a crash. While a seat may be relaxing and comfortable, reclining a seat too far could actually lead to "drowsy driving" when tired. 

Did you know that car seat safety is so important that the IIHS tests the seat independently from the rest of the vehicle?  Crash test dummies with a realistic spine and neck are bucked into a seat and crashed at 20 mph.  This simulates a common rear-end crash scenario that often results in whiplash.  

Traffic Deaths Decrease; Distracted Driving Remains a Danger

As an accident attorney, I congratulate our nation's drivers for bucking up and making responsible decisions regarding alcohol use.  I also applaud law enforcement for successful "Click it or Ticket" and "Drunk Driving. Over the Limit. Under Arrest" campaigns. Way to go.

While automobile fatalities dropped to a 55-year low due to overall safer driving habits, distracted driving remains a major contributing crash factor. 

Despite all-time low motorist fatalities, distracted driving remains a contributing factor in 80 percent of all crashes and 60 percent of near-crashes. My advice as a personal injury lawyer - it's time to put the cell phone down.

The National Highway Transportation and Safety Administration (NHTSA) statistics show that texting while driving is equivalent to driving with a BAC of more than 0.08-and yet we continue to put ourselves, passengers, and fellow drivers at risk.

Remember distracted driving doesn't only include texting. It's also dangerous to eat, talk on the phone, listen to loud music-or any other activity that takes a driver's mind, eyes, or hands off the wheel and road.  

Clearly, we have a long way to go to make our roads safer. But already, 19 states and the District of Columbia have texting bans in place.

So, what is Florida doing to eliminate distracted driving? As of March 2010, Florida's legislature is considering a texting bill to prohibit texting while driving. Join me in supporting a texting ban!

Driving Distractions 101

Distraction.Gov - The Official Website for Distracted Driving

Nationwide Record Low Traffic Fatalities

Florida Considers Ban on Texting While Driving 

Florida Considers Ban on Texting While Driving

Florida legislators are poised to make texting while driving illegal-and it's a small step in the right direction.

As an experienced auto accident attorney, I've seen the devastating effects of texting while driving. Ask yourself: Is texting really worth risking your life for?

The proposed distracted driving ban would make texting a secondary offense with a first-time penalty of $30 plus court fees. A secondary violation would result in a $60 fine plus court costs.

While it seems a mere secondary, non-moving violation may not discourage adamant texters, making this dangerous behavior illegal is a step in the right direction.

Already, Florida lags behind the nationwide trend in texting laws. Currently, 19 states and the District of Columbia have texting bans in place.  In 2009, more than 200 texting bills were considered by state legislatures.

Florida's consideration of a texting ban follows an Executive Order issued by President Obama on October 1, 2009, making it illegal for federal employees to text while driving government vehicles.  Additionally, U.S. Transportation Secretary Ray LaHood announced a prohibition on texting and driving for big truck drivers, resulting in a fine of up to $2,750.   

We don't have to wait for it to be law to turn off the cell phone while driving

Heads up - The most violated street sign!

The 69th Daytona Bike Week is underway with its first fatality reported.

The 69th annual Bike Week in Daytona Beach, one of the largest motorcycle events in the world, got underway last Friday and will run until March 7.

During this week, several hundred thousand motorcycles are predicted to converge on the Daytona area from all over the country. Volusia County's Emergency Rooms are geared up for the dangerous and deadly week. One fatality has already been recorded. 

As a local motorcycle accident attorney - have a safe time and Remember:

 Bikers: Wear a helmet on every ride; Wear bright colors; Turn on high beams during the day; Ride as if the other vehicles on the road cannot see you; and don't drink and ride.

Drivers:  Pay extra attention and look twice, even three times, before changing lanes and turning, it is not always easy see motorcycles.

For more safety information please see:

5 Deadly Motorcycle Myths

Ride to Survive: Motorcycle Safety Tips

A Motorist Guide to Motorcycles - Share the Road

Daytona Beach Bike Week 2009 is over but there are still lessons for us all to learn

Daytona Beach Bike Week: A time for extra caution.

Hot Tips for Motorcyclists - Ride Safe This Summer

Buckle - Up! Over the next two weeks and every week!

Over the next two weeks, Florida Highway Patrol (FHP) will be stepping up their "Click it or Ticket" campaign in an effort to get increased compliance with Florida's seat belt law.

This period of increased focus on seat belt use starts today. Sadly, it begins on the day after a tragic car accident in Marion County which killed a 21-year old Micanopy woman and injured two others, one critically.   The early Sunday morning accident occurred when the deceased lost control of her vehicle and was ejected out of it after it flipped several times. She was not wearing a seat belt.

As an experienced local accident attorney that has often written about the importance of seat belt use, I praise the FHP for stepping up their crack down on seat belt offenders from now until March 15.  I suggest that we all take this time and this tragic loss of life to be reminded to make sure that we buckle up every time we start our vehicle, and that everyone else is properly restrained as well.  

Not doing so could cost you more than the $104 ticket.  It has been proven - seat belt use saves lives.

Here is more information:

Seat belts - I hate them! Do I have to buckle up in Florida?

What is a "Seat Belt Defense?"

Buckle Up!  Odds are it just might save your life

Four Reasons You Should Have Bodily Injury Liability Insurance Coverage

I estimate that less than 25% of today's drivers have adequate Bodily Injury Liability Insurance . The major reason may be because it is not required  in the state of Florida, but that doesn't mean you should make yourself a victim.

There are four reasons I believe everyone should have Bodily Injury Liability insurance (BI).

1. It is the right thing to do. If you cause an accident, you should be able to provide monetary compensation to the person(s) you hurt. People often miss work and accumulate piles of medical bills after a car accident. Without BI, you will not be able to cover any damages or medical bills for the other person, which can easily result in a law suit. Remember, the person who is compensated may be a friend of yours who was a passenger in your car when you caused a crash.

2.  BI insurance provides an attorney if you are at fault in a car accident and get sued, which can make your difficult situation easier to resolve.

3.  BI protects your assets. If you cause an accident and do not have BI you risk a lawsuit and putting your non-homestead assets in jeopardy. However, if you have an adequate amount of BI, most lawyers will settle and will not go after your personal assets.

4.  Purchasing BI allows you to have Uninsured/Under-insured Motorist Coverage, which is something of the utmost importance as it protects you and your family when the negligence of others causes serious injury to you or your family.

As an experienced Ocala and Gainesville accident attorney, I strongly suggest and recommend you protect yourself and your family by purchasing an adequate amount of BI-the minimum $10,000 personal injury protection will not even get someone out of the emergency room. I recommend at least $100,000 per person and $300,000 per accident.

Also, beware of inexperienced insurance sales representatives when purchasing an insurance policy. You wouldn't use the internet to treat a medical problem right? Therefore, do not buy insurance online or over the phone. Visit a local experienced insurance agent to ensure you are getting quality advice.  You can always shop prices later after you know what insurance coverage you need.

For more information, please see:

Bodily Injury Liability Insurance 101

Is Bodily Injury Liability Insurance required in Florida?

Auto Inurance Coverage: Laws, Recommendations, Factors and Tips for Florida Drivers.

What is Uninsured Motorist Coverage Insurance and why do I need it?

Drivers Aren't the Only Ones Distracted; Pedestrians are too!

For some time I have voiced my opinion about using a cell phone while driving. It's clear and has been proved by the Virginia Tech Transportation Institute  that it increases your chance of causing or being in an accident by 23 times!

If that isn't enough to make you put down your phone, then maybe this will:

Recent news has shown that using a cell phone or a device that can distract you- while walking-can also increase your chances of an accident.

Frankly, we can't pay attention to the roads around us, the people next us, the music in our ears, the text we're sending and expect to be aware of oncoming bicycles, cars and/or objects. This is called "inattention blindness." It's what happens when we are looking at something but can't register it in our brains because we are distracted by something else. Basically, we just can't see it.

In the news mentioned above, one study showed that people were so preoccupied; they missed a clown riding a unicycle that was right in front of them! Is it possible you've missed things as you surfed the web on your cell and walked the streets of Gainesville or Ocala? Most likely. So, as an experienced personal injury attorney, who has seen accidents negatively alter people's lives, I ask you to stay safe by focusing on one thing at a time, especially on busy streets!

For more information:

Graphic British Video Unveils the Dangers of Texting Behind the Wheel: A Must-See

Distracted Driving 101

Gorilla in Court 

Test Your Awareness: Do The Test

Experienced Personal Injury Attorneys May be able to Prove PIP Insurance Fraud.

The Florida legislature has continued to give the insurance industry more rights in the "PIP Wars" to the point where a consumer will get run over and flattened like a pancake unless they hire an attorney to enforce their rights to obtain the insurance benefits they paid for.  Here is the story:

New case law, allows an insurance company to cut off Personal Injury Protection (PIP) benefits without the policy holder ever being examined by the insurance company's doctor.

These recent court decisions make it easier for insurance companies to deny PIP benefits to their policy holders and to show greater profits to the detriment of ordinary citizens who have been seriously injured in car or truck crashes. 

Insurance companies have had the right to conduct insurance medical exams carried out by their own "hired guns" since 1972.  These doctors, after an "examination" predictably deem the insured has no need for medical care which results in the termination of their benefits.

Lawyers were able to contest these sham independent medical examinations by sending vidographers and by limiting the endless questioning of the injured person that are designed to help the insurance company deny coverage.

This tactic was valuable because, if the insurance company sought to cut off PIP benefits there would be video evidence to present to a judge to prove that the exam was just part of a deceitful business practice by the insurance company held to deny their policy holder benefits they had paid for.

Fortunately, it is possible for experienced personal injury attorneys to prove insurance fraud and get PIP benefits reinstated along with attorney fees and costs.  

For more information:
Here are my suggestions on what to do if you find yourself in this predicament.
New PIP Case Law in Florida 

Your Vehicle Does Not Have to Look Like This To Be Dangerously Overloaded!

It may surprise you how easily you can put yourself and others at risk by overloading your vehicle. It is easier than you may think to exceed the load capacity limit on your vehicle, even when the vehicle does not appear to be overloaded and you are within your auto's seating capacity.   As an accident attorney, I suggest that with the Holiday travel season upon us, now is a good time for all of us to be reminded of this danger and to take the time to find out our vehicle's maximum load capacity.

For example: A Honda Accord has a seating capacity of 5 and a load capacity of 850 pounds. Load capacity includes passengers and all cargo.  If all 5 people weighed 150 pounds, that would leave 100 pounds for luggage (20 pounds each) before overloading the vehicle. These facts are something to take into consideration when piling in the car to go to the airport or on a road trip, for the Holidays.

Beware - An overloaded vehicle poses many dangers, here are a few:

Overloaded vehicles:

• Are less stable, more difficult to steer and take longer to stop - increasing the risk of roll-overs, rear-enders, and other serious accidents. This also makes responding to emergency road situations much more difficult.
• Can cause tires to overheat, leading to blowouts and severe crashes, especially if the tire is under-inflated.
• Are unable to accelerate quickly, leading to difficulty in proper judgment when it comes to passing.
• Cause brakes to overheat and loose their effectiveness.
• May invalidate your auto insurance policy.

Remember: Exceeding permissible weight ratings can result in vehicle damage, accidents, and personal injury.  Check your vehicle's load capacity today!

For more information:

Staying Safe If You Overload Your Car 

Too Fat For Your Car?     

How much weight can my car safely hold?

5 Simple Things You Can Do To Make Your Holiday Road Trip Safer

Thanksgiving holiday, the heaviest 102 hours of the year for roadway travel, officially begins tomorrow at 6:00 p.m. and ends at midnight on Sunday.   According to the National Safety Commission, Thanksgiving holiday is historically, not only the biggest travel weekend of the year, it is also the deadliest for drivers and passengers.  Many in North Florida will be hitting the roads to visit family and friends.   Here are five simple safety tips to make your holiday trip as safe as possible:

• 1. Avoid blow-outs.  Make sure your vehicle is properly maintained and its tires are up for the drive; especially with the car loaded down. Before you leave, check for adequate tread and proper inflation. When was the last time you checked your tires?  
• 2. Pay attention to the road at all times. Avoid driving distractions such as cell phones and texting while behind the wheel. Keep both hands on the wheel, both eyes on the road and pay attention to the road and other drivers. Distracted driving is the leading cause of crashes on the road. Many things on the roads we cannot control, distracted driving is not one of them.  
• 3. Buckle up! Proper use of seat belts and age appropriate safety devices is the number one thing you can do to keep safe in the event of an accident. It is also the law in Florida.  Three ways to protect your most precious cargo - your child passenger.
• 4. Follow the speed limit and keep a safe distance between you and the car ahead of you. Experts recommend the 2 second rule  to make sure you have adequate time to come to a stop. Tailgating is a form of aggressive driving. Aggressive driving has been shown to be a factor in at least half of accidents. Four factors to keep in mind when keeping your distance.
• 5. Avoid driving drowsy and allow plenty of time to reach your destination. Driving sleepy can have the same effect as alcohol. It can decrease awareness, slower reaction time and impair judgment. Make frequent stops to stretch your legs and be realistic about how many hours a day is safe for you to drive and at what time of the day. It just takes a few seconds of nodding off to cause a tragic accident.  What you should know about drowsy driving if you are planing a long road trip.

Have a safe Thanksgiving weekend!

Good News - Floridians are now buckling up at more than the national percentage!

A recent press release from the Florida Department of Transportation (FDOT) stated some great news, "....that statewide safety belt use reached a record 85.2% this year following FDOT's 2009 Click It or Ticket safety belt campaign and the passage of the state's primary enforcement law.  The national safety belt use rate for 2009 is 84%."

As an accident attorney, I would like to once again applaud Florida's lawmakers and law enforcement organizations for their effectiveness that resulted in this amazing statistical accomplishment.   

This is great news for all Floridian's safety and that of our visitors. However, we need to keep up the good work and each and everyone of us need to continue to properly wear our seat belts each and every time we start our engines, no matter how long the trip, and make sure that everyone else in the car does the same!  Remember too, our children are watching and learning what we do.

The National Highway Traffic Safety Administration estimates that with passage of the primary safety belt law in June of this year that "Florida will save 124 lives, prevent 1,733 serious injuries, and save $408 million in associated costs each year."

So, Buckle up Florida... it just might save a life and it could be yours or a loved one. 

I would also like to remind all parents and caretakers to make sure your young passengers are also buckled up safely, with properly installed and age appropriate safety restraints.  Is your most precious cargo buckled up safely? 

These are topics that we have written about the importance of many times; here are just a few of our articles:

Buckle up: Odds are it just might save your life.

Reminder: Buckle up or you will get ticketed.

Great News! Seat Belt Use Now a Primary Offense in Florida.  Also, A Heads Up...

Primary and Secondary Offenses: Know our rights but stay safe!

Seat belts; I hate them! Do I have to buckle up in Florida? 

What is a "seat belt defense"? 

Reminder: Always buckle-up, especially on our rural roads! 

A Tragic Reminder To: Keep Your Distance, Pay Attention, and Buckle Up! 

A Tragic Reminder To: Keep Your Distance, Pay Attention, and Buckle Up!

There was a Tragic and Deadly SUV Accident in Lake City, last month, one that reminds us of some extreemly important road safety topics. Here are the brief details of the crash:

Wesley S. Outlaw was driving his Nissan SUV on I-75, approaching a car driven by Robert J. Nye. Outlaw had to swerve off the road to avoid a rear-end collision with the car. He was unsuccessful in his attempt to avoid the crash, and the left front of his SUV hit the car.

Outlaw then overcorrected to the left and his SUV rolled over several times. Not wearing a seatbelt, he was ejected out of the car onto the highway, and was run over by a GMC Yukon whose driver swerved but could not avoid hitting Mr. Outlaw's body.

Outlaw died instantly from the impact. He was only 24 years old. The drivers and passengers of the other vehicles involved in the accident were not injured.

As an accident lawyer, my heart goes out to all involved in this tragic crash.  Could this gruesome accident have been avoided?  We may never know, however, there are some important topics to discuss and be reminded of in its aftermath: to drive without distractions, to not tailgate, and to always make sure to buckle up!

Distracted driving is the leading cause of vehicle crashes, some say as high as 80% of accidents are caused by some type of distracted driving, from chatting, texting, etc.  Driving requires our full attention. Pay attention to the road and keep both eyes on the road and hands on the wheel.

Tailgating or following too closely is against the law. According to Florida Statute 316.0895, "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway."  Tailgating is a form of aggressive driving; behaviors that are linked to half of all car crashes according to the National Road Safety Foundation and are often accompanied by speeding - a deadly combination.  For more information on safe following distances, please see: Four Factors You Should Keep in Mind When Keeping Your Distance.

Remember, wearing a seat belt is the law and one of the most effective things you can do to save your life, reduce your chance of traumatic brain injury, and keep you restrained inside your vehicle to avoid being run over by another vehicle. 

Be safe on the road, buckle up, pay attention to the road and give yourself room to stop safely.

Work Zone Safety Is Everyone's Job - A Reminder

Approximately 1,000 people are killed in the country's work and construction zones every year. According to the Florida Department of Transportation, in 2007, there were 11,248 accidents in Florida work zones that resulted in 8,288 injuries and 105 fatalities.

Two recent construction zone accidents were: A woman from Palm Beach charged with DUI manslaughter for killing two construction zone workers, and a Plant City man hurt in a work zone crash apparently caused by his distracted driving (reaching for his medication).

As an accident attorney, I would like to remind everyone about the dangers posed to drivers and workers in construction zones.   Here are some facts from the Florida Department of Transportation:

• More than 90% of fatalities in construction zones are pedestrians and motorists.
• Over 50% of fatal accidents in work zones occur after dark.
• In nearly one quarter of construction zone accidents, alcohol or drugs were to blame.
• Speeding was the cause of the crash in over 50 % of the time.

Construction zones have reduced speed limits for safety reasons and it is the law to reduce your speed to the limit posted on the sign.  Because of the numerous deaths of construction workers caused by inattentive or distracted, or speeding motorists, the fines for speeding and traffic violations are doubled in a construction zone in Florida.

Also, in a construction zone, according to Florida Statutes, every driver must yield the right-of-way to a road worker, a flag person, or a construction/maintenance vehicle.

For more information on how you can do your part in making construction zones safer, please see:
Top 7 Tips for Construction Zone Safety

Death of Improperly Restrained Children Observed During Baby Safety Month

September 2009 hails Baby Safety month, and the National Highway Traffic Safety Administration (NHTSA) declared September 12-18 National Child Passenger Safety Week.

As an experienced accident and personal injury attorney, I urge parents in North Central Florida to assess child safety in their vehicles during Baby Safety Month. A simple safety seat check can help avoid tragedy and reduce child death-such as those occurring in Marion County last March.   

On March 1, 2009, Micanopy resident, Tiffany A. Davis's collided in a head-on accident with another vehicle, resulting in the tragic death of her 2 young children, 3 and 9, and the waist-down paralysis of her third child, 9. 

What caused the death of these children? One factor could have been Davis' improper use of child safety restraints (in addition to the Oxycodone, marijuana, and cocaine cocktail present in Davis' system at the time of the crash).  Davis has been charged with child neglect with serious bodily injury and DUI Manslaughter.

Davis' crash forces us to face hard facts - 80% of child restraints are used incorrectly (NHTSA).

Could proper use of child restraints have saved Davis' children? We may never know.  But we do know how they should have been restrained under Florida law based on their ages.  

In the spirit of NHTSA's National Child Passenger Safety Week, Florida's child restraint laws require the following:

• Children ages 0 through 3 must be restrained in a crash-tested, federally approved child restraint device (separate carrier);
• Children ages 4 through 5 must be restrained in a separate carrier, an integrated child seat, or with a seatbelt;
• Children under the age of 18 must be properly restrained by a safety belt or approved child restraint device when riding in a motor vehicle.

So what does this mean? Davis' 3 year old should have been in a federally approved forward-facing car seat. The 9-year olds should have been properly secured by safety belts or in booster seats, if they weighed between 40-80 pounds and measured under 4'9".

The NHTSA reminds us car crashes are the leading cause of death for children from 2 to 14 years old.  Plus, head-on collisions are more likely to result in fatalities.  Common causes of head-on collisions include crossing the center line-both of which may have been contributing factors.

For more information:

 3 Ways to Protect Your Most Precious Cargo - Your Child Passenger

Florida Child Car Seat Requirements Explained

 Head on Collisions are the Most Dangerous

It's the Law: The importance of Car Seats

Protect your child on the road - follow the law and be safe

Reminder - DUI does not always equal a high BAC

Enjoy the Fall weather - 2 things you should know to be safe and legal on your off-road vehicle

As an accident attorney that believes in public education and in the prevention of accidents, I would like to give a heads up regarding off-road motorized vehicles, such as go-karts. 

Over the summer there were several tragic accidents that occurred on public lands when go-karts met road vehicles; here are 2 important points to remember for safe and legal off-road vehicle use:

           1. Stay off public streets and roads! Operating most off-highway vehicles on public land is against the law. This is due to many reasons, mainly, just as what happened this summer - the likelihood of getting hit by a passing car or a truck and suffering a serious injury or even death is much higher on a public roadway.

           2. Wear a safety helmet and protective gear! Remember, drivers under 16 must wear a helmet and eye protection at all times when riding an off-highway vehicle, such as an ATV or a go-kart. Wearing a safety helmet is recommended for everyone, to prevent serious head injury such as traumatic brain injury and may even save your life. Remember, helmets serve as a cushion to protect your head - one of the most vulnerable places in a crash or an accident.

Fall weather will be in the Gainesville and Ocala area soon, a nice time to get out and enjoy the outdoors.  If an ATV or another such recreation vehicle is part of your plans, please take a few moments and review the laws regarding your vehicle's operation.  Please see:

The ABCs of off-highway and recreational vehicle use: ATVs, go-karts, and golf carts

Florida Legislature Must Act Now To Prevent Deaths Caused By Drivers Who Text

In response to a recent study by the Virginia Tech Transportation Institute, which found that drivers who text are 23 times more likely to cause an accident than those who do not, Congressional leaders have proposed connecting federal highway funds to a ban on texting while driving. This means that those states that do not pass laws making texting behind the wheel illegal in the next two years would lose 25 percent of their annual federal highway money.

As an accident attorney, I would like to encourage Florida's Legislature not to wait until the federal bill is passed, rather, act now! Next session our state's legislature is yet again to consider a bill to make texting while driving illegal. Similar attempts to pass the bill were unsuccessful in the last two years regardless of many accidents caused by the texting drivers in Florida and other states. While the legislators in Florida may agree that texting while driving can be dangerous, they do not seem to realize how many lives the anti-texting law can save. Here is what some of the other states are doing: 

• Seventeen states have passed anti-texting legislation because accidents caused by texting drivers are numerous and often fatal.
• A recent law in Utah punishes those drivers who text and cause an injury or death by up to 15 years in jail and a $10,000 fine to text while driving and cause an injury.
• Alaska is the only other state that has even a tougher law against electronic distractions on the road: it is a felony punishable by up to 20 years in prison if a driver causes a fatal accident when a television, video monitor or computer inside the car is in the driver's field of vision. The law applies to phones used for texting. Alaska legislature passed this law in 2007 after an accident in which a driver, distracted by watching a movie on a video monitor in his car, caused a crash in which two people died.
• California passed their anti-texting law after an accident in which a train operator was distracted by texting and a commuter train ran a red light, killing 25.
• Texas recently passed a law restricting the rights of driver to use cell phones in "active" school zones.

Florida legislature should follow the example of other states by making texting while driving illegal. How can the legislators ignore the fact that using a cell phone while driving is as risky as driving with a .08 blood alcohol level, which is the standard for drunken driving?

For more information, please see:

Graphic British Video Unveils the Dangers of Texting Behind the Wheel:  A Must See.

Bad News For Floridians on the Road - Texting and Celling Behind the wheel Remains Legal

Common Driving Distractions

Don't Let Them Longhorns Outshine Us - Here is What You Can Do

The Toughest Law Against Texting While Driving took Effect in Utah

Texting While Driving May Soon Be Illegal in Florida

Texting While Driving... It should be illegal in Florida! 

Protect Your Child on the Road - Follow the Law & Be Safe!

In light of the recent accident where a van crashed into a concrete wall with 11 unbuckled children on-board, I would like to remind all drivers, that child safety seats and booster seats must be used to ensure children's safety and to be in compliance with the law. Though, the National Child Passenger Safety Week is drawing to an end, drivers must never forget that all children are required by law, even in vans, to be properly restrained in motor vehicles.  Here are some recommendations to protect your children in a vehicle:

Choose a car seat or a booster seat that fits your child.

• Infant seats are designed for infants up to the age of one and up to the weight of 20 lbs. It must face the back of the car, not the front.
• A child car seat is required for a child up to the age of three and is recommended for use up to the age of five for a child who weighs 21 to 40 lbs. It may be placed in the front or back, and it may face the front of the car.
• A booster seat should be used for a child who weighs 40 to 100 pounds. It lifts a child up, so that a seat belt can be positioned properly for a child who is too small to sit in a regular car seat.

Additionally, it is recommended that children younger than 13 should ride in the back seat with a seat belt. And, it is the law that all children under 18 must buckle up.

Properly install a car seat or a booster seat.

The Florida Department of Highway Safety and Motor Vehicles reports that 80% of all child safety seats in the country are improperly installed. You can attend a car seat check event where those who are certified in child safety seat installation will help you install or check if the car seat is properly installed. You can call (866) SEAT CHECK for the nearest location. Or visit Safe Kids of North Central Florida to schedule your free check.

Have your child ride in the back seat.

Although not required, it is recommended that a child rides in the back of a vehicle. While, front seat air bags save lives, they may be dangerous for children under the age of 12 because they are shorter than adults. Since air bags inflate in less than 1/25^th of a second, which is faster than a blinking eye, this force can strike a child in the neck, causing serious injury. 

Continue to constantly educate yourself about the Florida laws on child safety, carefully read car seat instructions and never leave children unattended or unsupervised in a vehicle. Following these simple rules will help protect your most precious cargo - your child.

For more information, please see: 

3 Ways to Protect Your Most Precious Cargo - Your Child Passenger

Is your most precious cargo buckled up safely? 

Make Sure Your Child's Car Seat is Installed Correctly 

It's the Law:  The Importance of Car Seats

Florida Law Regarding Child Safety Seats and Adult Seat belt Use - Do You Know What It Says?

Graphic British Video Unveils the Dangers of Texting Behind the Wheel: A Must-See

A short film about the dangers of texting while driving has been produced in Wales. The film realistically portrays the terrifying details of a staged crash caused by a teenager texting behind the wheel. The video is graphic, but strong imagery is needed to stop the dangerous and common activity of text messaging while driving. This video is a powerful deterrent and should make anyone think twice about texting while operating a motor vehicle. As an accident attorney, I suggest you watch it and also share the link with others. It just might save a life. 

 

           
Know the facts!

• A driver who is traveling at a speed of 45 mph is traveling at 66 ft per second. This means that a driver who looks at a cell phone for just 2 seconds has traveled 132 feet (66 ft x 2 sec) during those two seconds without looking at a road.
• The average text message takes a driver's attention away from the road for 4.6 out of every 6 seconds. This is the equivalent of driving the length of a football field at 55 mph without looking at the road! 
• Drivers who text are 23 times more likely to cause an accident than drivers who do not text.
• Studies show that texting behind the wheel is far more dangerous than drunk driving.              

There are over 14 million licensed drivers in Florida with thousands of new licenses issued each year.  Each of those drivers should know that texting behind the wheel is as irresponsible as drunk driving and can have tragic outcomes.  Just a few seconds may forever change your life and the lives of others. 

Remember:
Driving a car or truck or any motor vehicle safely requires:  both hands on the wheel,  both eyes on the road and your mind paying attention to the road and the other vehicles and pedistrians on the road.

For more information, see:

Bad news for Floridians on the road - texting and celling behind the wheel remains legal
Common Driving Distractions
Don't let them Longhorns outshine us - here is what you can do today