Florida Injury Attorney Blog

A new study of deadly auto accidents in Florida involving teenagers indicated that Jacksonville, Florida ranks third in the state in percentage of deadly accidents involving teens, according to an article on News4Jax.com. The article also ntoes that auto accidents are the leading cause of death for teenagers in the United States.

It is unclear why the Jacksonville, Florida rate of serious teenage auto accidents are so high, but overall, many of the accidents involving teenagers can be attributed to driving while distracted. These days, teenagers are using cell phones and other handheld communication devices that take their attention and eyes away from the road creating a serious danger. The article indicated that 77% of deadly teen car crashes involve driver error and/or speeding with a distraction such as talking on a cell phone or sending or receving a text message or email.

One way to reduce the number of serious injury and fatal accidents is to teach kids of the dangers of driving while distracted. There is a driving course called Action Against Distraction that is offered for that purpose in Jacksonville, Florida.

Recent studies have shown that driving while talking on a cell phone can be similarly dangerous to driving while intoxicated from alcohol. Studies also show that it is more dangerous when people drive while sending or reading an email or text message because it takes a driver's eyes and focus off of the road for longer periods of time.

As a result of the fairly recent publicity surrounding the dangers of driving while using an email or text messaging device and the serious accidents and injuries that have been caused, some states have enacted laws banning those activities. Many states have not. However, a few U.S. senators have proposed a bill that would make it against federal law to drive while sending or reading a text message or email. The law would force states to pass their own laws or risk losing federal funding.

A new study by the Government Accountability Office (GAO) has concluded that trucking companies and bus companies that have been fined or placed out of service due to safety violations have been able to circumvent their penalties by reopening operations under new names and license numbers, according to an article on News4jax.com. Trucking companies and bus companies, and their drivers, are governed by the Federal Motor Carrier Safety Administration (FMCSA) which issues numerous regulations designed to make sure drivers are qualified and safe in an attempt to reduce serious injury accidents. Department of Transportation (DOT) employees conduct roadside safety inspections of semi truck and bus drivers to make sure the drivers and their vehicles and equipment are safe and in proper condition to drive and their paperwork in terms of number of hours driving and equipment inspections are in order. When a DOT employee finds that semi truck or bus drivers, or their vehicles, are not safe or otherwise are not in compliance with the regulations, they can be fined and/or placed out of service.

Additionally, trucking companies and bus companies can be audited by the DOT to make sure, among other things, their drivers are qualified and safe, they are not working the drivers too much and making them drive while fatigued and they have conducted the appropriate drug and alcohol tests with the appropriate results. If a trucking company or bus company is not in compliance with the regulations, the company can be fined and/or placed out of service.

According to the GAO's report, hundreds of trucking companies and bus companies that were ordered to stop operating have continued to operate by changing their names. These companies were shut down because they had drivers with suspended licenses and drug and alcohol violations. Yet, they continue to operate semi trucks and buses in the same unsafe manner while avoiding punishment. The FMCSA is trying to catch these companies and punish them appropriately, but the article indicates they don't have the resources to be very successful.

In Jacksonville, Florida drivers are exposed to semi trucks and buses more than most places because two of the more well-traveled highways in the country intersect here. Stories like this questioning the safety of the buses and semi trucks all over our roads are certainly a cause for concern. When a bus or semi truck causes an accident, it is often a major accident due to their sizes and weights. When an injury or death occurs from an accident, it is important for personal injury and wrongful death lawyers to investigate every aspect of the driver and company to see if they have a history of accidents and safety violations.

A driver who crashed his SUV and injured himself blamed the crash on two snakes that he said got loose from his pocket, according to an article on Yahoo.com. According to the article, the driver had the snakes in his pocket, they escaped and he and his passenger were trying to retrieve them when he crashed his vehicle.

This is a ridiculous story that does not sound credible, especially because the snakes were never found. However, it raises the question of what negligence means in the context of a personal injury or wrongful death lawsuit. In order for a person to recover damages for injuries or a death in an accident, that party has to show that the other party was partially or completely negligent in causing the crash. In most traffic crashes, negligence is easy to show because a driver ran a red light, was speeding, failed to stop and rear ended another vehicle and so on. However, other conduct indirectly related to the actual driving can contribute to a driver's negligence. If a person has an animal in his/her car that distracts him from driving safely, that would be negligent driving. Using a cell phone or text messaging device while driving is negligent when it leads to an accident. Reaching for something on the floorboard or in the back seat can be negligence that causes a crash. Basically, any conduct by a driver that takes his/her attention away from the road can be negligence and used by an injured plaintiff against that driver in a personal injury or wrongful death lawsuit. When a driver uses an excuse that he/she was preoccupied by something else while driving, that is rarely a valid defense and often is an indication of additional negligence.

A semi truck driver crashed his tractor trailer into a fruit market off of Highway 17 in East Palatka, Florida, according to an article on Firstcoastnews.com. Fortunately, the clerk working at the fruit stand was able to get out of the way of the semi truck and was not hurt. What is interesting about this accident is that the semi truck driver apparently claimed that he temporarily blacked out and veered off of the road.

When we handle personal injury and wrongful death cases on behalf of people injured in accidents or family members of people killed in accidents, we occasionally come across a driver who claims he/she blacked out or had some sudden medical condition that caused the crash. This defense is designed to take the responsibility for the accident away from that driver and lay the blame on uncontrollable and unanticipated circumstances. However, this defense rarely works. First, it usually just is not true, and the driver who causes the crash has the burden of proving that he/she was afflicted by some sudden medical condition that made the crash unavoidable. Usually, the driver cannot meet that burden.

Even when the driver who caused the crash can show that he/she blacked out or suffered from some medical condition or reaction to medicine just before the crash, that does not mean the accident was not his/her fault. If that person had reason to believe that he/she might black out or suffer some other dangerous reaction while driving, he/she is at fault for driving in the first place. This is usually easier to prove. By deposing the driver, a personal injury/wrongful death attorney for the injured party or family of the deceased can usually determine that the other driver had experienced the blackout or other medical condition before and knew he/she should not drive. Medical records can be obtained that show the person knew of his/her medical condition and the possible symptoms. Records can also show warnings from doctors or on medication informing a person they they should not drive.

When a person causes a serious injury or fatal accident and blames a sudden medical condition or reaction to medicine, there are a lot of inquiries that can be made to show the flaws in that defense.

A Jacksonville, Florida woman was driving her pickup truck on I-95 South in Jupiter, Florida when a car driven by an elderly woman crashed into her causing her serious injuries while also killing the driver of the car and her passenger, according to an article on Firstcoastnews.com. Apparently, the woman driving the car was elderly and crossed all of the way over the median to crash into Vanessa Austin, who was driving the pickup truck.

In the context of a personal injury lawsuit when someone is injured in such a serious crash, all of the factors that indicate how and why the crash occurred are relevant and must be examined. When a vehicle strays so far to cross a large median and cause a serious collision, there are usually some compelling factors involved that indicate that driver was negligent, or even reckless. When the driving of the at-fault party is bad enough, we look at possibilities such as intoxication from alcohol and/or drugs, severe fatigue or distraction from cell phones or other mobile communication devices. Sometimes, in the case of an elderly driver, we are just dealing with someone who is no longer capable of driving safely. And that fact is as relevant as any other factor when determining why a crash was caused and who is responsible for compensating the injured party. Prescription drugs that make it unsafe, or more unsafe, for a person to drive can also be a factor and must be investigated.

I read an article last week about a motorcycle that crashed into the back of a semi truck in the early morning hours, and the motorcycle driver was killed. The traffic homicide detective found that the motorcycle driver was speeding and the semi truck driver was driving properly. As a result, fault was placed on the motorcycle driver, and the semi truck driver was absolved of any negligence.

In most rear end accidents where one vehicle crashes into the back of another, either while driving or while stopped at a light, stop sign or in traffic, the back vehicle that crashes into the front vehicle is at fault. However, in some cases, fault for the accident is not always that clear. For instance, if the front driver slams on his/her brakes for no apparent reason and is hit from behind, that front driver may share some of the blame for the accident.

Semi trucks present a different problem. At night, they can be very difficult to see. As a result, semi trucks should have various lights and reflectors on the semi and the trailer. If a semi truck stops for traffic, a stop sign or a light, it must be well lit to alert other drivers of its location. If a semi truck stops because it is broken down or for other reasons, the semi truck driver must make sure other drivers have plenty of advanced notice so they can stop or drive around the semi truck. This includes lights, reflectors and flares or orange cones to make sure it does not create a hazard. If a driver crashes into the back of a semi truck at night because the semi truck is in a hazardous position and not properly marked, the accident and subsequent injuries may be partially or completely the fault of the semi truck driver.

A government agency reviewed data and research on driving while distracted and auto accidents. However, the report, which showed a significant connection between driving while distracted by cell phones, text messaging devices and similar mobile communication devices and auto accidents, was not released because it might affect financing from Congress, according to an article on Yahoo.com.

The report made it clear that auto accidents caused by drivers who are distracted because they are talking on cell phones or sending or reading text messages are increasing. According to the report, cell phone usage by drivers increased 50% between 2002 and 2004. Although those findings are somewhat outdated, with the popularity of newer and more technologically advanced cell phones, one would expect that cell phone usage while driving has increased since 2004. Driving around Jacksonville, Florida, it seems as if every other driver is talking on his/her cell phone. The report also indicated that such driver distractions contribute to about one out of every four reported auto accidents.

A construction worker who was painting stripes on the road at J. Turner Butler Boulevard (JTB) near I-95 in Jacksonville, Florida was hit by an SUV and killed yesterday according to an article in News4Jax.com. Michael O'Hara, an employee of Superior Construction, was the construction worker who was killed while working in the late morning, daylight hours yesterday.

Like just about all road construction workers, the construction workers who are working along the road on JTB near the on-ramp to I-95 are well marked with their bright orange attire. Working construction is normally a dangerous job, but it can be extremely dangerous when construction workers are working on or near the roads so close to fast moving vehicles. This is particularly so at the on-ramp from JTB to I-95, which is a very heavily traveled area. It is very important for drivers to slow down and pay extra attention to their surroundings when construction workers are present. In the context of a wrongful death lawsuit, evidence that a driver failed to slow down and move away from construction workers is usually a clear indication of negligent, or even reckless, driving. Due to the dangers faced by road construction workers, laws have been enacted in Florida to increase fines when drivers speed through construction zones. Jacksonville Sheriff's Office and Florida Highway Patrol officers have stepped up enforcement to stop and ticket drivers who are not driving properly in construction zones. It is not clear what tickets or possible criminal charges the driver of the SUV may be facing, but the subsequent investigation will uncover all of the factors that led to this incident.

A recent report showed that there were fewer auto accidents in Florida in 2008 and fewer people were dying as a result of auto accidents in Florida, according to an article on News4Jax.com. The Florida Department of Highway Safety and Motor Vehicles reviewed auto accident statistics and issued a report regarding traffic accidents in Florida.

Some of the highlights of the report which were cited in the article include: there were fewer deaths from traffic accidents in 2008 than any other year since 2000, the number of deaths per 100 million miles traveled in Florida was the lowest since the state has been reporting that statistic, accidents caused by drivers who had been drinking declined, although they still account for approximately 40% of deaths from traffic crashes and deaths of motorcyclists and pedestrians also decreased in 2008.

It is likely that gas prices and the economy contributed to the better auto accident numbers in 2008. As gas prices rise and the economy worsens, people will drive less. However, the article notes that 2008 was the consecutive third year that auto accident deaths decreased in Florida so there may be some more permanent factors that can sustain these results such as safer vehicles and better educated drivers.

A sergeant with the Flagler County Sheriff's Office was seriously injured when he was hit by a semi truck according to an article on News4Jax.com. It was reported that Sergeant Michael Van Buren was hit by a tractor trailer while on his motorcycle responding to a different traffic accident.

This kind of traffic crash raises a few issues that are often addressed in personal injury or wrongful death lawsuits. There are many motorcycles on the roads in Florida, and it is up to other drivers to look out for them and make sure the path is clear before turning or switching lanes. This is particularly true for drivers of semi trucks which take up so much space and can cause so much damage. Additionally, drivers are responsible for looking out for police officers, firefighters and emergency medical personnel who are responding to accidents and other emergencies. Drivers have a duty to slow their vehicles and/or move them out of the way of police and other appropriate vehicles responding to emergencies. Due to the dangers faced by police officers who pull drivers over for traffic violations and stop to assist disabled vehicles, a law was passed that requires drivers to slow down or change lanes away from the stopped police officer to reduce the risk of police officers being hit while working on the side of the road.

A speeding BMW crashed into another car in a neighborhood off of Leon Road in Jacksonville, Florida injuring a woman and her young child, according to an article on News4Jax.com. Jacksonville police responded to the scene of the accident to investigate possible criminal activity. Apparently, a witness indicated that the drivers of the two vehicles may have known each other.

It is not clear from the article why or how this accident occurred, however, the possibility exists that it was an intentional act. When someone is seriously injured in an accident like this, particularly a small child, a claim for personal injuries from the accident is likely. However, some people may not be aware that an insurance policy that normally covers injuries and damages from auto accidents may not apply when the act causing the crash was intentional. In personal injury and wrongful death cases, it is always important to figure out which insurance policies apply and how much insurance is available. However, most auto insurance policies only cover negligent acts that cause injuries, such as running a red light or failing to stop and rear-ending a vehicle. If a person intentionally hits another vehicle with his/her car for whatever reason, the insurance company for the at fault driver may deny insurance coverage. Where an accident occurs that may have been intentional, the injured party may have a fight with the other driver's insurance company over insurance coverage in addition to the normal dispute over the accident and extent of the injuries.

Jacksonville ranks 73rd in the nation in terms of the best drivers according to a recent report issued by Allstate Insurance Company. The report discusses the frequency of car accidents in cities across the country and ranks them accordingly. Jacksonville's ranking improved 17 spots from the prior year's accident and safe driving report. According to the report, a driver in Jacksonville will be involved in a motor vehicle accident every 9.6 years which is 4% worse than the average. Jacksonville received a better safe driving ranking than other major cities in Florida such as Tampa, Orlando and Miami. Although, when cities have populations greater than one million people, which the greater Jacksonville, Florida area does at this point, the rankings tend to decline on a percentage basis.

The Allstate report indicated that auto accidents resulting in deaths have declined over the last few years, but there are still approximately 40,000 fatal auto crashes in the U.S. each year.

There are several factors that would seem to affect the number of fatal and serious injury crashes in U.S. cities each year. Technology is a positive and negative influence. Vehicles are safer and better able to absorb an impact in a crash. Multiple air bags, seat belts and safer designs decrease the likelihood that a vehicle occupant will die or be seriously injured in many types of crashes. On the other hand, the proliferation of cell phones and text messaging devices, which are often used by drivers, create a serious hazard on the roads that was not present several years ago.