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With Florida poised to potentially pass legislation which would allow police to charge drivers for texting behind the wheel, there is renewed interest in the issue of distracted driving. While motorists and experts agree that distracted driving is major issue leading to car collisions in Fort Lauderdale and other cities, however, there is some disagreement about how distracted driving can be defined. The media tends to focus on mobile devices and while these distractions can certainly be a danger on the roads and lead to many traffic accidents in Fort Lauderdale and other cities, most experts agree that distracted driving is a much bigger problem.

A recent study from Erie Insurance confirms this. The insurance companies reviewed data from the Insurance Institute for Highway Safety and concluded that one in ten traffic collisions across the country are caused by distracted driving. According to the study, the most common causes of distraction were:

•Daydreaming or loss of focus (associated with 63% of fatal distraction-related car accidents between 2010 and 2011)
•Cell phone use (12%)
•Outside distraction (7%)
•Passengers (5%)
•Drinking or eating while driving (2%)
•Adjusting car controls or devices (2%)
•Moving items inside the car (1%)
•Smoking (1%)

The problem with these types of distractions is that it is impossible to pass legislation to target these types of behaviors. It is impossible to tell, for example, if a driver is daydreaming or simply not focused on the road – even though this appears to be the biggest danger behind the wheel. While a texting ban may help prevent some truck accidents in Fort Lauderdale and other cities, there is no legal way to address all the possible types of distractions that can lead to collisions.

Instead, it is up to motorists to take the steps necessary to prevent accidents caused by distraction. According to Erie Insurance and other experts, there are a number of things that drivers can do to avoid being in (or causing) a distracted-driving collision:

•Pull over to make phone calls or use mobile devices
•Keep your mobile devices turned off while you drive
•Do not drive when you are having trouble focusing or when you are fatigued
•Provide a good role model for your children by driving responsibly
•Never drink or eat while driving – pull over and eat in your car if you go through a drive-through
•Adjust your mirrors, radio, and other controls before you start to drive
•Secure pets in a cage or kennel while driving – this makes the drive safer for you and your pets
•Keep your windows rolled up on warm days to prevent debris and insects from flying in your car
•Wear sunglasses when driving on sunny days
•Keep the interior of your car tidy

Florida Car Accident Lawyer Blog

The National Highway Traffic Safety Administration (NHTSA) reports that in 2011 alone 3331 Americans were killed in accidents and another 387, 000 sustained injuries due to driver distraction. Driver distraction causes many serious accidents leading to spinal cord injuries, fractures, amputations, fatalities, and head injuries in Deerfield Beach and other communities each year. What is most frustrating for victims is that in many cases these accidents and injuries are preventable.

There is more awareness than ever before about the dangers of distracted driving. April is National Distracted Driving Awareness Month, for example, and many agencies and organizations are joining forces to inform drivers about the dangers of distracted driving. The message is clear: driving while distracted causes preventable car accidents in in Deerfield Beach and other communities. Everyone has a role to play in preventing these types of accidents:

1) Lawmakers

Florida is still one of the few states not to ban texting and driving. While all commercial drivers and federal employees using company cars cannot text and drive and while some companies are passing texting bans for drivers using company vehicles, in Florida it is still legal to drive while keeping your eyes on a mobile device. The state has had problems passing a ban, despite much evidence that distraction causes many car and truck accidents in Deerfield Beach and across Florida each year.

Some legislators are concerned that a texting ban would place too many restrictions on drivers, while many point out that a texting ban would not prevent drivers from being distracted by cell phones, passengers, and the myriad other distractions available to motorists. Some lawmakers have expressed doubts about whether a texting ban or even a ban on hand-held devices for drivers would reduce the number of traffic accidents in Deerfield Beach and other communities. Despite this, efforts are still being made to pass new laws to curb distracted driving.

2) Law Enforcement

Law enforcement officials and the justice system have a role to play, too. Law enforcement officials cannot ticket a driver for texting or talking on a phone in Florida, but they can pull over drivers who are driving erratically or recklessly before those motorists cause a traffic accident or pedestrian accident. Many law enforcement agencies have also launched awareness campaigns to alert drivers to the dangers of any distractions – whether those distractions come in the form of a mobile device, food, passengers, daydreaming, or anything else.

3) Drivers

Drivers, of course, have one of the biggest responsibilities when it comes to putting a halt to preventable car crashes. Motorists need to be aware of the risks of distracted driving and need to make sure that every time they step into a car they put their mobile devices (and any other distractions) away. When every driver makes a conscious decision to drive more safely, everyone benefits from safer roads.

Drivers who have been injured by a distracted driver can speak with a personal injury attorney in Deerfield Beach or their community about making a legal claim. When motorists are held accountable for their recklessness, they may important changes to their driving habits.

4) The General Public

The general public – even those who don’t drive – do have a voice. The general public can write to lawmakers about distracted driving laws and can support advocacy groups raising awareness about dangerous driving.

Florida Car Accident Lawyer Blog

Distracted driving is a key cause of Florida and North Miami traffic accidents. Research has also shown that teen drivers are more likely than adult drivers to be involved in a car accident. Many parents worry about the statistics and worry about the fact that their teens maybe driving distracted, putting them more at risk of a North Miami car accident. However, there many things that parents can do to help prevent their teens from driving distracted:

1) Make sure your teen knows what driving distracted is. Some teens assume that checking their cell phone very quickly does not amount to distracted driving. It is important to emphasize to teen drivers that taking their eyes or their mind off of driving for even a fraction of second is enough to cause a serious North Miami traffic accident. List all the types of distracted driving possible — including changing a CD, talking to passengers, daydreaming, etc. Make sure that your teen understands that there are many ways to be distracted and that all of them can lead to a North Miami truck accident or car accident.

2) Make sure your teen knows the laws. Some drivers assume that since Florida does not ban texting and driving, it is safe to do in the car. Many research studies, however, have proven that distracted driving can lead to traffic accident and can actually be just as risky as North Miami drunk driving. In addition, Florida law does allow someone who was injured in a car accident to pursue a legal claim against an at-fault driver who was driving recklessly. Therefore, even if your teen does not technically break the law by texting and driving, if the texting causes injuries in a car accident they could be held liable. Make sure your teen understands this law.

3) Help your teen understand the consequences of distracted driving. There are many online resources that describe in graphic detail how families have been torn apart and how people have suffered catastrophic North Miami head injuries, spinal cord injuries, burns, and other serious injuries as a result of distracted driving. Oprah aired an entire episode a few seasons ago about distracted driving. In addition, many law enforcement agencies have information about distracted driving, including information about how catastrophic the results of this type of driving can be. Gather a number of resources and watch them with your teen so that they can see firsthand just how a few seconds of texting or distracted driving can lead to tragedy.

4) Work with your teen to raise awareness about distracted driving. If your teen is able to get involved with raising awareness about distracted driving, he or she may be less likely to drive distractedly themselves. Consider volunteering your time and efforts with an organization dedicated to helping prevent distracted driving. It may help teach your teen driver how important it is to keep their full focus on the road while driving.

Florida Car Accident Lawyer Blog

According to the Florida Highway Patrol, distracted driving is one of the leading causes of car accidents in the state. It is no surprise to drivers, who may see drivers talking on their cell phones and making major driving mistakes such as changing lanes without looking or driving through a red light. The Florida Highway Patrol suggests there are many things that drivers can do to help prevent Florida and Hallandale Beach car accidents caused by distracted driving. Among their recommendations: keep your eyes on the road, limit the amount of cell phone use in the car, and use hands-free phones where possible.

These are great tips and may possibly help drivers prevent a Hallandale Beach truck accident or car accident – but do they go far enough in stamping out distracted driving? One reason that the Florida Highway Patrol has made the recommendations is that Florida laws currently do not ban cell phone use or even texting while driving. Even though numerous studies have suggested that use of mobile devices while driving can be as dangerous as drunk driving, it is legal in Florida to drive while talking or texting on a phone.

Just because it is legal, however, does not make it a good idea. Many Hallandale Beach truck accidents and car accidents each year are caused by distracted drivers using mobile devices. Putting away a mobile device when hopping into a car is one of the best ways to reduce your risk of a traffic accident. Even just glancing at a mobile device for “a few seconds” or using hands-free devices has been shown to increase the risk of an accident substantially.

Even if it were possible to pass legislation to ban texting and cell phone use while driving, safety experts still say that distracted driving would be an issue. While recent discussions about distracted driving have focused on cell phone use – admitted a serious concern – distracted driving in fact encompasses a much wider idea. Experts agree that any action which distracts a driver from the road can be potentially fatal. Applying cosmetics, eating, drinking, speaking with passengers, daydreaming, changing the radio station and dozens of other actions can remove a driver’s focus from driving long enough to cause a Hallandale Beach bicycle accident or traffic accident. However, since the focus has been on mobile devices, there has not been extensive research conducted to determine which distractions are the most prevalent and dangerous. While many drivers are starting to get the message about cell phone use while driving, many drivers do not consider the many other distractions which can be just as deadly.

More does need to be done to alert drivers about the dangers of any type of distraction while driving. One reason why the focus may currently be on cell phones is because it is possible to document this type of distraction. If a driver causes an accident because they were talking on a cell phone, phone records may show the texts and calls placed, helping police to determine what happened. In cases where a driver was distracted for some other reason, the evidence may not be apparent during a Hallandale Beach personal injury claim.

Florida Car Accident Lawyer Blog

Recently, the US Postal Service issues a news release, asking Florida drivers to pay more attention to their driving in order to avoid running into post offices. While distracted driving is a serious concern across the country, the US Postal Service warning may indicate that Miami car accidents and Florida car accidents caused by distracted driving may be an especial concern. Specifically speaking to Florida motorists, the US Postal Service offered a few tips to drivers to prevent collisions with buildings:

1) The US Postal Service asked drivers to check whether their foot was on the brake pedal or gas pedal. This tip may be because pedal mix-ups are a common cause of Miami traffic accidents and Florida car accidents. A Punta Gorda post office was hit this year because an elderly driver accidentally hit the gas pedal instead of hitting the brake. In that accident, the post office building was so damaged that the structural support of the building was affected.

2) The US Postal Service asked Florida motorists to check whether their car was in drive, reverse, or park before backing up and before getting out of the car. This warning may come after a number of motorists backed up into post office buildings while trying to move forward or crashed into the buildings while thinking they were in reverse.

3) The US Postal Service asked Florida drivers to void distracted driving. Distracted driving is a hot topic in Florida and there is little doubt among many safety experts that single-vehicle accidents where a car crashes into a building are often caused by driver inattention.

4) The US Postal Service asked Florida motorists to enter and leave parking spaces carefully. In many cases, drivers may wish to make a quick stop at a post office to run an errand, and in their hurry may make mistakes that lead to a Miami pedestrian accident or traffic accident.

According to the US Postal Service, 14 post offices have been hit by cars in Florida since the start of 2012. In many cases, the accidents seem to be caused by a lack of attention. In one Leesburg accident, for instance, a woman crashed into a post office because she was startled by something. A post office in Vero Beach was hit twice, once by a driver who crashed into the lobby and once by an elderly driver who was attempting to park when she accidentally drove over the curb and collided with the building. According to the US Postal Service, the two most common causes of these types of collisions are pedal mix-ups and acceleration when the driver mistakenly thinks the car is in reverse.

According to the Charlotte County Postmaster, the post office in Punta Gorda is hit yearly, and the problem is serious enough that the county is considering placing concrete poles in front of the building to protect the post office. It is unknown whether other post offices have this type of plan in place to prevent this unusual type of Florida and Miami truck accident.

Florida Car Accident Lawyer Blog

Every motorist today is aware of the risks of Miami drunk driving and motorists are increasingly being told about the dangers of distracted driving as well. However, the message of distracted driving seems to be more difficult to communicate and many Miami car accidents each year are still caused by distracted drivers.

Car manufacturers are sometimes held blamed for distracted driving since many car makers are creating car models with built-in computers, GPS systems, and systems designed to support mobile devices – all of which can be distractions for a driver. Ford wants to change that image by researching the so-called “driver workload” in order to eventually formulate sensors in the seatbelt and steering wheel that could eventually help detect a driver’s respiration and heart rates in order to gauge a driver’s emotions and distraction level.

The premise is similar to the steering wheel sensors and built-in breathalyzers that have been used to curb Miami drunk driving accidents. According to Ford, the new devices measuring heart rate and respiration would be effective in curbing driving distraction because they would measure driver response to distraction rather than try to regulate specific distractions – such as texting while driving. Ford researchers say that avoiding technology in the car is all but impossible today and while many drivers know they should turn off mobile devices before driving, many choose not to do so. By providing an alert system for drivers, Ford hopes to develop a system that lets drivers know when they are in danger.

According to the car maker, the sensors would be able to process data about a driver’s state in real time and the information would not be shared or recorded. Instead, if the sensors deemed that driver’s respiration and heart rates suggested a high level of stress, the car would mute music and disable mobile devices, allowing the driver to relax and place their full focus on driving. The system would be used in conjunction with the Ford Sync system, which some experts have already suggested may be a distraction to drivers.

Would these sensors help prevent Miami pedestrian accidents and car accidents? Ford researchers seem to think so and some experts feel that the sensors would help by targeting a driver’s physical responses rather than specific activities – such as texting. By focusing on the heart rate and respiratory rate, the system would be able to alert drivers if they were getting too upset or stressed to drive safely and would potentially help drivers become more aware of their emotions when driving, which could help prevent accidents caused by road rage, as well. The sensors might also provide an early alert system in the event of a heart attack, stroke, or other medical emergency which can make a driver a hazard on the roads. Critics of the system, however, point out that the system has no way of telling whether a driver’s eyes are not on the road – a major danger associated with distracted driving.

Florida Car Accident Lawyer Blog

Many employers make company cars available for their workers, but does this mean that employers are responsible for how those employees drive? In a number of recent court decisions across the country, judges have held employers partly liable in cases where employees have caused distracted driving accidents while driving company cars on company time. In one Florida case, a woman was killed when a driver rear-ended the car because he was distracted. The employer of the man was ordered to pay .6 million in the case because the man was driving on company time. In an Arkansas judgment, an employer was forced to pay .1 million after one of its lumber salesmen caused a car accident that caused permanent injury.

The reality is that many employers now require employees to be available around the clock – and that means being available while the employee is driving. In some cases, employees are provided with company cars and company phones and may feel that they need to answer any work-related texts or phone calls as they comes in.

Experts recommend that employers should have written policies in place about cellphone use. These policies should clearly outline the dangers of using cell phones while driving and should provide clear directives to employees about what they should do if they are driving while expecting a work-related call or text.

These policies can, and in fact, should extend beyond the state regulations regarding mobile phone use. For example, in Florida, texting while driving is not prohibited but employers may still be held liable if an employee causes a Fort Lauderdale truck accident while texting. In situations where an employee on the clock causes a Fort Lauderdale car accident or traffic accident while distracted, the employee may still be held liable for reckless driving and the employer may be held liable for contributing to that negligence, even if texting while driving is technically legal in Florida.

Employers may be held liable if a distracted employee causes a Fort Lauderdale traffic accident while using a personal car for work use, while using a company car, or while using any company-provided device while driving. For this reason, it is important for employers to institute strict rules and to offer training to all employees about safe use of mobile devices. Even employees who do not drive in a company car regularly or do not drive for the company may get into an accident in which the business is partly liable.

Florida Car Accident Lawyer Blog

As I've mentioned previously, "distracted driving" ­­ — talking on cell phones, texting, eating, reading maps, etc. ­­ — has repeatedly been shown to be at least as dangerous to human life as drunk driving. See, for example, Drunk Drivers vs Distracted Drivers and Drunk Driving vs Distracted, Drowsy or Drugged Driving.

So why have penalties become so severe for DUI ­­ and yet remain only a slap on the wrist for distracted driving?

Mothers Against Drunk Driving has been very successful over the years in pressuring legislatures and courts to pass increasingly harsh laws and penalties. They've done this by focusing on "the slaughter on our highways".  But…are they truly focused on saving lives?  Or is there an underlying agenda?

Hint:  If you look at their website, you will find MADD's "Mission Statement":  “The mission of Mothers Against Drunk Driving is to stop drunk driving, support the victims of this violent crime and prevent underage drinking.”   Note #1: Saving lives from distracted driving is not a concern — only with drunk driving.  Note #2: The concern for underage drinking is unrelated to driving or victims.

In other words, MADD's concern is, as it was in the Prohibition era many years ago, not "slaughter on the highways" but…. alcohol.  

And in today's news….

State's Distracted Driving Law Comes Under Fire

Fredersicksburg, VA.  Oct. 3 –Spotsylvania County’s top prosecutor says problems with distracted-driving laws remind him of the old days when drunken driving wasn’t taken seriously enough.

DUI laws eventually were stiffened, but only after deadly crashes piled up, said Bill Neely, Spotsylvania’s veteran commonwealth’s attorney.

The same thing might be happening in Virginia with distracted driving, he said.

In recent years distracted driving has become a target for federal transportation authorities. They say the problem, primarily text messaging and calling, is dangerous and growing. Last year, the National Transportation Safety Board asked for a full ban.

There are 39 states that ban texting while driving. Ten states have laws against drivers using cellphones, which are the primary target because so many drivers use them to talk on or text while behind the wheel…

Virginia’s law against drivers using handheld devices is a secondary offense that carries a fine. It’s also a secondary offense for novice drivers to use a handheld device. A secondary violation means police cannot bring the charge unless the suspect driver is stopped for another offense…

More than 3,000 people nationwide died and another 419,000 were injured in distracted-driving crashes in 2010, according to the National Highway Transportation Safety Administration.

A 2009 Virginia Tech study determined that the crash risk increases 23 times for distracted drivers. The study included drivers doing such things as texting, talking on a cellphone, reaching for objects and eating.

Neely wonders if people understand how serious the problem is.

“You’re just as distracted as if you were drunk” when you text and drive, Neely said.

Just as dangerous as drunk driving — but only a fine.  And the sounds of silence from MADD……

DUI BLOG

July is National Cell Phone Courtesy Month. Founded by author Jacqueline Whitmore in 2002, National Cell Phone Courtesy Month was designed to make cell phone users more polite about use of the devices. National Cell Phone Courtesy Month is intended to raise awareness about the importance of not yelling into cell phones in public and not using cell phones in inappropriate public areas. However, National Cell Phone Courtesy Month can also be used to raise awareness about the dangers of cell phones use.

Only eleven states currently do not have bans on cell phone use and texting while driving, and Florida is one of these states with no prohibitions about the use of cell phones behind the wheel. While legislators have tried to pass laws banning cell phone use by drivers in recent years, however, these bills have not passed into law. In 2011, Governor Rick Scott vetoed proposed legislation which would have mandated that the Florida Division of Motor Vehicles teach drivers about the dangers of distracted driving. Municipalities and communities also cannot pass their own distracted driving laws under current Florida laws. As a result, in Florida distracted driving is not legislated and it is up to individual drivers to make the right choice to drive undistracted.

There are studies which have concluded that driving distracted can lead to accidents in the same way that drinking and driving can lead to Hollywood drunk driving accidents. In fact, the response times for distracted drivers and drunk drivers is similar, according to researchers, which is one reason why distracted drivers are more at risk for a Hollywood car accident.

Despite the wide-spread media attention about the dangers of distracted driving and despite the research, many drivers continue to drive distracted. One possible reason is that many distractions have become so commonplace that many drivers do not see the danger. Many professionals are used to speaking on a cell phone all day, so they simply carry on using their mobile devices while in the car. Many cars currently made also include touch screens, mobile device docks, and other features which can pose a distraction. In addition, many cars include technology to allow hands-free talking and dialing, so that drivers can continue to use their cell phones without having to use their hands. Unfortunately, some studies have suggested that hands-free devices are also distracting and can also lead to Hollywood traffic accidents since they still take the driver’s attention from the road.

Since it is well documented that distracted driving is dangerous and since there are no laws in Florida to prevent it, fashioning distracted driving as an issue of polite driving may make sense. In many cases, distracted driving is dangerous because it can lead to a driver cutting someone off, for example. Preventing distracted driving not only ensures that drivers are more polite on the roads – which in itself could prevent Hollywood car crashes caused by road rage – but also ensures that all drivers and pedestrians stay safer.

Florida Car Accident Lawyer Blog

Talking and texting using cell phones and mobile devices is very commonplace today, even among drivers. According to a recent Prevention magazine survey, there are over 100 million cell-phone subscribers across the country, and over 85% of them report regularly talking while driving. This is despite the fact that a study published in the New England Journal of Medicine in 2001 found that drivers talking on cell phones are four times more likely to be in a car crash when compared with drivers who drive distraction free. Despite many media campaigns to make drivers aware of the dangers of distracted driving, many drivers continue to talk and drive. There are many dangers connected with talking and driving:

1) It causes slow and erratic driving. Drivers who are focused on talking rather than driving may make driving errors, make drive recklessly or mindlessly, and may drive more slowly as their focus is elsewhere. This can easily lead to Biscayne Park car accidents.

2) It takes the driver’s eyes off the road. Studies have shown that drivers who use hand-held devices take their eyes off the road for seconds at a time – enough time to travel the length of a football field or more. This is more than enough time to cause a serious Biscayne Park pedestrian accident or traffic accident.

3) It takes the driver’s mind off the road. The -billion-a-year cell-phone industry has introduced many types of technology in recent years to allow drivers to talk and drive without using hand-held devices. Built-in phones, voice-activated dialing features, headsets, and car speakerphones all promise to keep driver’s eyes on the roads. However, these devices still distract drivers from thinking about traffic, and some experts feel that they are still a danger in cars.

4) It can prevent a driver from hearing important auditory cues. Cell phones can take a driver’s mind and eyes off the road, but they also focus the driver’s eyes away from the road, which can be just as dangerous. Hearing alarm signals, horns, and other cues is an important part of driving safely and cell phones distract from that. It is one possible reason why hands-free devices have been found by some research studies to be just as distracting as cell phones for drivers.

5) It can lull drivers into a false sense of security when driving. Many people claim that cell phones actually help them drive, by providing them with map apps, the ability to call in emergency situations, and other features. However, drivers who use their cell phones while driving without facing any consequences will likely continue to do so, increasing their risk of a serious Biscayne Park traffic accident.

Of course, cell phones are not the only distraction that drivers face. CD players, food, scenery, and passengers, as well as an infinite list of other distractions are part and parcel of driving for many drivers each day. However, hand-held devices have become one of the most visible and noted distractions that drivers face, in part because of their prevalence and in part because Biscayne Park car accidents caused by this form of distraction seem so preventable.

Florida Car Accident Lawyer Blog