Statistics from the Florida Highway Patrol indicate the number of drowsy driving deaths are up in the Sunshine State. There were 14 recorded in both 2013 and 2014. Then in 2015, there were 23. Final figures for 2016 aren’t yet available, but we do know overall crashes were up significantly last year, so it’s likely tired driver wrecks were up too.

Now, a recent study by the AAA Foundation for Traffic Safety indicates sleep-deprived drivers are just as dangerous as those who take to the road drunk on alcohol. Perhaps especially surprising was just how much even a little sleep loss can impact a driver.

We all know the less sleep you get, the higher your risk of being involved in a car accident. But study authors found that even skimping on as little as one or two hours on any given night increased the crash risk by 1.3 times. That’s if you got six hours of sleep compared to the recommended minimum of seven hours. Meanwhile, drivers who slept between five and seven hours had an increased crash risk of 1.9 times. Drivers who slept between four and five hours upped their crash risk by 4.3 times. And drivers who slept fewer than four hours in the previous 24 were 11.5 times more likely to crash their vehicle than someone who had received the daily minimum level.

Someone who scraped by with just 4 to 5 hours of sleep had a comparable crash risk to someone with a blood-alcohol concentration of at or above the legal limit of 0.08. The risk of someone who drive with less than four hours of sleep was deemed “much greater” by researchers – in the neighborhood of a .12 to .15 blood-alcohol concentration.

The interesting thing is that while there is a well-deserved stigma when it comes to drunk driving – because we all know the severe impact impaired motorists have on our roads – yet functioning with as little sleep as possible is somehow seen as a badge of honor.

The report also identified certain groups that may be more at risk for these kinds of crashes, and they include those with fractured schedules. These are people whose jobs may require that they work some shifts at night and some in the day time. Some of the most common include:

• Long-haul truckers
• Nurses
• Police officers
• Physicians

While nearly all drivers responding to the AAA survey indicated they felt it was unacceptable – and further a threat to their safety – for other drivers to take to the roads while they were sleepy. Yet almost a third admitted that at least once over the last 30 days, they had personally driven when they were so tired they had a difficult time keeping their eyes open.

If you have been injured in a Miami auto accident caused by a drowsy driver, we will fight to help you recover damages.

Call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Sleep-deprived drivers have plenty in common with drunk drivers, Dec. 6, 2016, By Ashley Halsey III, The Washington Post

More Blog Entries:

Third-Party Liability for Distracted Driving Accidents? Dec. 10, 2016, Miami Car Accident Lawyer Blog

In the past, states routinely imposed driver restrictions that were based solely on one’s age. But now, advocacy groups are fighting back against this type of designation, saying it’s arbitrary and fails to take into account the individual’s ability. As people are living longer, many people are living healthier. The 70-year-old’s of today are much more active than the 70-year-old’s of even just 40 years ago. Consider that in 1970, less than half of people over the age of 65 had a valid driver’s license. Today, more than 85 percent do. These drivers also tend to have a fairly safe driving record. They also are generally healthier and their cars are safer than the elderly of generations’ past. Additionally, this cohort has an increasingly powerful – and vocal – advocacy base in organizations like the AAA Foundation for Traffic Safety and the AARP.

In Florida, drivers who are 80-years-old or older when their current license expires can renew at the nearest office for the Department of Motor Vehicles, and only after passing a vision test. In some situations, written knowledge will be tested too. Some older drivers may have restrictions placed on their driver’s license if their vision is not up to the standard. That could mean allowing driving only during daylight hours or prohibiting driving during rush hour traffic. 

But as the country prepares to face the fact that by 2030, an estimated 60 million older adults will be driving on our nation’s roads, a number of states have been rejected additional measures that would impose greater restrictions on older drivers. Part of that is because older drivers are increasingly viewed as safe drivers. There are also more programs in existence to help them better their driving skills. Plus, there have been a number of recent studies that seem to indicate that these types of arbitrary age restrictions aren’t as effective at curbing car accidents as was once believed. Then on top of that, you’ve got the AARP and AAA advocating on their behalf, arguing that DMV officials should be looking at more than just a driver’s age.

Among the states where such enhanced measures failed:

• Legislators in Vermont rejected a bill that would have required over-65 drivers to pass vision and road tests to obtain or renew their driver’s licenses.
• Lawmakers in Tennessee rejected a measure that would have required drivers over the age of 76 to take a driving test.

Those who are advocating for the elderly say that while it’s true that vision and reflexes and overall health can deteriorate with age, these types of arbitrary testing are a form of discrimination. There is no doubt that the laws vary widely from state-to-state, and enforcement of these rules is often spotty. It’s also been established that fatality rates among drivers over the age of 55 in states that require written or roadside tests or shortened renewal periods aren’t any lower as compared to other states.

Still, we do know that older drivers are more prone to be involved in certain types of collisions. One study by the Insurance Institute indicated elderly drivers were far more likely to be involved in car accidents at intersections and in those resulting from failure to yield.

Both the AARP and AAA support the concept of medical advisory boards, which would set uniform standards for state licensing agencies to assess at-risk drivers – not just those who have reached a certain age.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Curb elderly drivers? Not so fast, Dec. 25, 2016, By Jenni Bergal, Stateline.org

More Blog Entries:

GEICO v. Isaacs – Arguing Against Post-Accident Trial Remittitur, Jan. 3, 2016, Miami Car Accident Attorney Blog

Authorities report the incident happened shortly after 1 a.m. on a Thursday morning. At that time, a 25-year-old operating a sport utility vehicle southbound on U.S. 1 reportedly blew through a red light at Douglas Road. He was allegedly texting at the time of the crash.

The vehicle went out-of-control, striking two palm trees. He was also allegedly struck by a car that was traveling in the opposite direction. The SUV then turned over. Nearby witnesses described the sound as, “like a bomb.” 

The 25-year-old driver was pronounced dead at the scene.

The driver of the vehicle that had been traveling northbound thankfully was not injured. However, U.S. 1 had to be shut down for hours, re-opening only just after 5:30 a.m. the following morning.

Investigators said cocaine was found in the vehicle, but it is too early to tell whether decedent was under the influence of that drug or if it may have played any kind of a role in the crash.

Driver distraction is a serious issue in Florida and beyond. It’s an extremely risky behavior, and it places drivers, passengers, pedestrians and bicyclists in danger of injury and death. Drivers who are focused on the road are overall safer.

The Florida Department of Highway Safety and Motor Vehicles (FDHSMV) reports there are three basic kinds of driver distraction:

• Visual – taking your eyes off the road;
• Manual – taking your hands off the wheel;
• Cognitive – thinking about something other than the road.

Texting checks all three of those boxes, which is what makes it one of the most perilous kinds of driver distraction. What’s worse, because virtually everyone has a cell phone, the problem is extremely widespread. These drivers are not just a threat to themselves and their passengers, but as our Miami car accident lawyers know: They are a threat to everyone else with whom they share the road.

The FDHSMV reports that there were a total of 45,740 distracted driving crashes statewide in 2015. Of those, 25,560 crashes resulted in injury for a total of 40,000 injuries.

Just in Miami-Dade County, there were a total of 4,445 distracted driving crashes last year with 1,996 of those causing a total of 3,227 injuries. Sixteen of those cases were fatal. Authorities in the county issued 689 texting-and-driving citations last year, which per F.S. 316.305 is a secondary offense punishable by a minor monetary fine.

In Broward, there were 3,762 distracted driving crashes in 2015 resulting in 1,944 injury crashes that resulted in nearly 3,000 injuries. A total of 8 deaths were attributable to distracted driving. Officials in the county issued 402 distracted driving citations that year as well.

Most recently, the Pokemon Go game craze that has swept many communities in the U.S. has sparked concerns of yet another form of driver distraction.

State authorities and even the AAA have released statements urging drivers to avoid playing the game while driving.

Some signs indicated that “Pokemon Go is a No-Go When Driving.”

Statewide, there were approximately 3,500 texting-while-driving citations issued by law enforcement. A number of legislative proposals are on the table that would strengthen the state’s texting-and-driving law to a primary offense with a stiffer fine.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Early Morning Car Crash Caused by Texting in Miami Kills One on U.S. 1, July 14, 2016, Staff Report, NBC-6 Miami

More Blog Entries:

Allen v. Montalvan – Florida Car Accident Settlement Reversed, July 16, 2016, Miami Car Accident Lawyer Blog

Motorcyclists account for almost 20 percent of all auto accident deaths in Florida, even though they only account for 3 percent of all the registered vehicles in the state.

Also troubling is the fact that, according to a recent survey conducted by AAA Consumer Pulse, almost 1 in 6 motorcyclists forego motorcycle insurance. When you consider that the average economic cost of each motorcycle death, per the National Highway Traffic Safety Administration (NHTSA) is nearly $1.5 million, we’re talking serious losses not only to individual families, but to communities at-large. That $1.5 million figure factors in medical bills, legal expenses, lost productivity, emergency medical services, insurance bills, workplace losses and property damage. 

Our Miami motorcycle accident lawyers know the issue of required motorcycle helmets is a sensitive one within the riding community. One-third of motorcycle riders surveyed strongly believe they should not be forced to wear a helmet when riding. It’s considered a deeply personal choice, and certainly, it is not one that is going to affect the amount of compensation the rider or surviving family members receive in the event of negligence. However, it’s worth pointing out, as the AAA public policy manager did, that motorcycle fatalities in Florida have more than doubled since the state repealed its law requiring all riders to wear approved helmets.

The NHTSA reports helmets are 37 percent effective in preventing motorcycle deaths. So in Florida, let’s take the 554 motorcycle accident deaths that happened last year. If we assumed that every single one of those riders was not wearing a helmet (which is not the case, but for the sake of argument), that would mean 205 of them would have survived.

The issue of insurance is also an important one to address because too often, motorcyclists are victims of hit-and-run accidents. In those situations, the only way to recover any sort of compensation is with uninsured motorist coverage. Alternatively, if a motorcyclist is struck by a driver who has insurance but not enough to cover the rider’s losses (and motorcyclists tend to suffer more severe injuries than those inside passenger cars), the only other way to recover is with underinsured motorist (UIM) coverage.

Our personal injury lawyers fight hard to obtain the highest level of compensation for our clients, but we can’t help you recover damages from insurance policies that don’t exist. It is so important to maintain adequate insurance, and we usually recommend keeping more than the bare minimum.

This goes not just for Florida residents but all riders planning to travel to Florida at some point this year. That AAA Consumer Pulse study asked riders across the country which motorcycle rallies/ events they plan to attend this year. Of those who responded, 70 percent answered Daytona Bike Week, which runs in March, and 57 percent answered Biketoberfest, also in Daytona.The third most popular was Leesburg Bikefest, to which 27 percent said they planned to attend.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Florida motorcycle fatalities rise 23% last year, May 25, 2016, By Chris Parenteau, New 4 Jax

More Blog Entries:

Texting With a Driver? You Could be Liable. May 23, 2016, Miami Motorcycle Accident Lawyer Blog

The most recent report from the National Highway Traffic Safety Administration (NHTSA) on motorcycle accidents, injuries and deaths reveals Florida has more motorcycle deaths than anywhere else in the country. The total number of motorcyclists killed in the state in 2013 was 467. The only other states that came close to that were California, with 435 motorcycle deaths, and Texas, with 457. Those states have twice the population of Florida.

What’s more, while motorcyclists accounted for just 7 percent of licensed motorists in Florida, they accounted for one-fifth of motor vehicle deaths. 

Exacerbating the issue is the fact that Florida does not require motorcycle helmets for 21-and-over riders, lending many a false sense of security. The motorcycle helmet law in Florida was repealed in 2000, with the caveat that riders needed to have adequate medical insurance. Just one year after the the law was repealed, there was a nearly 50 percent increase in the number of motorcycle occupant deaths.

It’s a troubling trend that has unfortunately continued.

A recent survey by AAA Consumer Pulse revealed almost 1 in 5 motorcyclists don’t have auto insurance for their bike, and fully a third in Florida don’t believe they should be required to wear helmets. One in seven do not wear them on a regular basis.

Every motorcycle death has a reported economic cost to society of $1.48 million, which includes medical expenses, emergency service costs, insurance administration costs, workplace losses, property damage, loss of productivity and legal and court costs. That means in 2013 alone, Florida’s economic losses for motorcycle accident deaths – not including those who survived – was more than $691 million.

Our injury lawyers do understand that helmet use is a controversial issue among riders, who say it flies in the face of the free-ride spirit. And to be clear: The decision not to wear a helmet will not reduce the potential damages awarded in a personal injury or wrongful death lawsuit.

Still, it’s important to note that motorcycle helmet use is effective in reducing the risk of brain injury and fatality. Those who do wear helmets have a 73 percent lower risk of death than those who do not and an 85 percent reduction in the risk of serious, severe and critical injuries.

Another serious issue among motorcyclists: Alcohol impairment. Almost 30 percent of the motorcyclists who died in 2013 in Florida had a blood-alcohol level of 0.08 or higher. Thirty-four percent had a BAC of 0.01 or higher.

Motorcyclists who died in nighttime crashes were four times more likely to be impaired by alcohol than those killed in daytime collisions.

This is deeply concerning because motorcyclists, perhaps even more than other drivers, have to be alert and drive defensively. The recent AAA survey indicated 57 percent of drivers are concerned that they won’t be able to see a motorcyclist until it’s too late to avoid a crash.

Bike Week in Daytona is expected to draw some 500,000 motorcyclists over the course of 10 days, from March 4 through 13th. There will be a host of shows, contests and rallies, as well as performances by the Charlie Daniels Band and the Marshall Tucker Band.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Fla. has the most motorcycle fatalities in the nation, March 2, 2016, By Bruce Hamilton, The Morning Show Anchor, News4Jax

The study, conducted by the University of Iowa and funded by the AAA Foundation for Traffic Safety, found that distractions such as texting, talking with passengers and grooming played a role in almost 60 percent of moderate-to-severe teen car crashes. Previously, the National Highway Traffic Safety Administration had estimated that 14 percent of teen crashes involved distraction.

The foundation analyzed in-car videos from the six seconds prior to 1,691 crashes where a teenage driver was behind the wheel. The crashes happened between August 2007 and July 2013 and took place mostly in the Midwest, the researchers said.

Researchers said the in-car videos provided data that was previously unavailable.

It is possible that distracted driving among teens is even more prevalent than indicated by the study, because all of the teens knew they were being filmed. Some may have limited their distracting activities because of that fact. Researchers said that the study provides indisputable evidence that distraction is a major factor in teen crashes. However, they did caution that the study represents only one set of data, and that more research is needed.

According to Illinois Secretary of State Jesse White, Illinois’ graduated licensing laws for teens are among the strongest in the nation, and they are already more restrictive than what is recommended by AAA.

Paul Greenberg is a Chicago car accident lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Thankfully, few of us are that bad, but I’m sure we all get annoyed a bit when driving.  And that’s dangerous for us and all those around us.

Recently, I received an email from AAA that had some tips for avoiding road rage, and I thought I’d share them here.  They are as follows:

• Cutting people off. When you merge into traffic, use your turn signal and make sure you have plenty of room to enter traffic without cutting someone off. If you accidentally do cut someone off, try to apologize with an appropriate gesture, such as a hand wave. If someone cuts you off, take the high road: Slow down and give them plenty of room.
• Driving slowly in the left lane. Even if you’re driving the speed limit, if you’re in the left lane and someone wants to pass, be courteous; move over and let them pass so you don’t anger drivers behind you. The left lane is actually intended as a passing-only lane. Otherwise, you’re expected to move to the right. You might be familiar with the signs that read: keep right except to pass. Besides, if the car behind you is speeding, it just might receive some unwanted but justified attention from law enforcement. Also, if you notice a long string of cars behind you on a two-lane mountain road, find an appropriate turnout and let them pass.
• Tailgating. Drivers can really get angry when another car follows them too closely, so allow adequate room between you and the car in front of you. Follow the two-second rule: when the vehicle in front of you passes a landmark, it should take you at least two seconds to reach the same point. If you’re being tailgated, put on your turn signal and pull over to allow the vehicle to pass.
• Making obscene or provocative gestures. Never flip off another driver. Almost nothing makes other drivers angrier than an obscene gesture. Even shaking your head may anger some drivers. So be cautious and courteous—signal every time you merge or change lanes, as well as when you turn.

Most of this is common sense, but it’s always good to get a little reminder to help us keep our cool while driving.

Even if your dog is the perfect puppy, accidents can, and do, happen. A dog may climb in your lap, sniff around your neck, or lick your face. Not only can such distractions take your attention from driving, they can lead a serious or deadly accident. An unrestrained dog can be easily thrown around the inside of the vehicle or out of the car.

You would not allow your child to move freely about the vehicle or sit in your lap, would you? What about your best friend? After all, dogs are “man’s best friend.” To ensure your safety and the safety of your pet, always keep your dog restrained with a car harness, crate, or barrier. A dog can get in the way of the steering wheel making it difficult to turn. Never allow your dog to ride in the front seat; even a 10-pound dog can be injured by an airbag or become a flying object if not securely retrained.

Someone injured in an auto accident caused by a driver distracted, may have able to seek compensation for negligence. Whether the cause of the distraction was a pet or something else, distracted driving is negligent driving. An experienced auto accident attorney can help the victim understand his/her rights. Once a lawsuit is filed, if the victim needs financial assistance until the case settles, litigation funding may be the answer.
Strategic lawsuit funding can help pay ongoing medical bills and other important expenses, while recovering physically and emotionally and waiting for a fair settlement. Such funding is intended to remove the financial pressure to resolve a serious personal injury lawsuit too soon, for too little due to pressing financial need. Litigation funding is provided on a non-recourse basis meaning the plaintiff repays the lawsuit cash advance upon settlement, but if the plaintiff loses, s/he is not required to repay the advanced funds.

We are a leader in the litigation funding industry and recognized by attorneys nationwide as a preferred choice for legal funding services. We are dedicated to securing lawsuit cash advances to plaintiffs based on case assessment only. With a streamlined process, our professional staff works to ensure that each request for funding is processed quickly and efficiently, with funding available in as little as 24 hours. It is really that simple, so don’t delay; call today!

According to the NTSB, 90 percent of all transportation-related deaths occur in motor vehicle accidents. Many of these involve alcohol or drug impairment and are therefore considered completely avoidable. In the past decade, more than 119,000 people have been killed in auto accidents involving alcohol impairment. According to a AAA study, about one in seven drivers admits to having driven when suspecting him- or herself to be over or close to the legal BAC limit.

The problem extends beyond alcohol. Over-the-counter, prescription and illegal drugs can also cause impairment. The National Survey on Drug Use and Health found that more than 10 million people admitted to driving under the influence of illegal drugs within the previous year.

Efforts to prevent impaired driving can be divided into general deterrents and specific deterrents. General deterrents are aimed at the general public, and they include legal limits on blood alcohol content (BAC) and high-visibility enforcement campaigns. Specific deterrents are used to encourage those who have been caught driving while impaired to refrain from doing so again. These include jail terms, fines and license revocation.

The NTSB points out that conventional deterrents are often ineffective in cases where the individual has a substance abuse problem. Driving While Intoxicated (DWI) courts aim to change offender behavior by focusing on accountability and long-term treatment with close, comprehensive supervision.

The agency has also highlighted technological advances for curbing impaired driving. Passive alcohol sensors are small electronic devices built into police flashlights or clipboards that detect alcohol in the ambient air. They do not require a suspect’s cooperation, as they can work from outside a vehicle’s open window. Ignition interlock devices can be installed in offenders’ cars, requiring them to breathe into the device for a BAC reading before the car can be started.

The NTSB advocates a reduction of the BAC at which a driver is presumed impaired from the current 0.08 percent to 0.05 percent. It also recommends incorporating the use of passive alcohol sensors into enforcement efforts, expanding the use of ignition interlocks and developing best practices for DWI courts.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

The legal limit has been lowered over the years. Initially, the DUI breath test limit was 0.15 in 1941. It was later reduced to 0.12, then 0.10, and now the 0.08 that is the law in Florida DUI cases. The 0.05 limit is used in Europe which is a much less car-centric society. As a DUI defense attorney, I rarely see cases where the driver has a breath test under 0.08. A person must be arrested for DUI before a breath test can be requested. The police do no “unarrest’ you if you blow under the legal limit and these DUI cases are still prosecuted in court. They are difficult DUI cases to prove obviously and many times are dismissed or reduced to lesser charges. Therefore, it is clear that this law would only affect social drinkers who are not a problem or hazard on the road. That’s why a driver is presumed to not be impaired by alcohol when they have such a low blood alcohol level.

DUI is a very serious crime and can have devastating outcomes when a person drives impaired and there is an accident. DUI Manslaughter or DUI causing Serious Bodily Injury can result in substantial prison terms. I do not think lowering the limit will dramatically cut down on alcohol impaired deaths. Even safety groups like Mothers Against Drunk Driving and AAA declined to endorse the NTSB’s call for a 0.05 threshold.

If you have been arrested for DUI, call and speak to an aggressive Polk County DUI defense attorney. Always make sure that the DUI lawyer you retain is actually located in Polk county and will go to court with you and not send an associate. Get someone working on your DUI case now because it can make a difference in the outcome of your criminal case!

DON’T HESITATE!!! CALL NOW!!!
PROTECT YOUR RIGHTS!!!

CALL THOMAS C. GRAJEK, POLK COUNTY DUI ATTORNEY

CALL NOW 863-838-5549 cell

Aggressive Polk DUI defense attorney handling all DUI arrests, DUI Manslaughter, and DUI with Serious Bodily Injury in Polk county, FL.