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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

Just when you thought things couldn't get any more ridiculous, a Texas court of appeals has ruled that evidence a driver took a breath mint provides sufficient additional evidence to support an arrest for drunk driving — even though the officer admitted he had insufficient evidence before that.

Court Finds Breath Mints Are Evidence of  DUI

Lewisville, TX.  April 18 — Use of breath mints can be considered evidence a driver is intoxicated, according to a divided Texas Court of Appeals ruling delivered earlier this month. The three-judge panel made the decision in the case of limousine service driver Robert Richardson who was stopped in Lewisville, Texas on August 25, 2010 while transporting customers from the airport.

Texas Department of Public Safety Trooper Fulford was about to issue a speeding ticket to a motorcycle on Interstate 35E when he noticed Richardson's Chevy Tahoe change lanes without signaling, almost hitting the motorcycle. Trooper Fulford was concerned primarily about the bad driving, but in the back of his mind he thought it could also be a case of driving under the influence (DUI). Once stopped, there was a mild odor of alcohol in the Tahoe, the passengers denied drinking, and Richardson was nervous. Trooper Fulford told Richardson he would write him a warning for his failure to signal before changing lanes. When he returned from his squad car with a warning notice in hand, Trooper Fulford said he noted an "overwhelming" odor of breath mints.

"Did you just take a breath mint?" Trooper Fulford asked.

When Richardson said yes, he was ordered out of the Tahoe. From there, he was arrested and convicted of DUI. Richardson appealed, arguing the traffic stop was complete after the trooper handed him back his driver's license with a warning, and that anything that happened beyond that point amounted to an illegal detention. The Texas judges acknowledged the principle that once a traffic stop concludes, it should not be used as a fishing expedition for unrelated criminal activity. The court had to decide whether the use of breath mints constituted a specific articulable fact suggesting another crime had been committed beyond the bad lane change.

The appellate judges agreed with the trial court that all of the clues Trooper Fulford picked up on prior to smelling the breath mints combined to provide the suspicion needed to make the search reasonable and consistent with the Fourth Amendment.

"These facts, which Trooper Fulford identified during his testimony at the suppression hearing, were sufficient to provide him with reasonable suspicion that Richardson had been driving while intoxicated," Justice Anne Gardner ruled for the court. "We overrule Richardson's sole point. Having overruled Richardson's sole point, we affirm the trial court's judgment."

Thanks to Joe and TheNewspaper.com.
 

DUI 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

Fatigued driving leads to many car accidents in Virginia Gardens and across South Florida. Each year, drowsy drivers fall asleep at the wheel or make driver errors because their response times and motor skills are affected by their fatigue. If you want to prevent these types of car and truck accidents in Virginia Gardens or your community, make sure that you:

1) Be aware of when you might be most at risk of drowsy driving. According to experts, mornings and evenings are high-risk times for drowsy driving, as are weekends and the start of the week. The period immediately after Daylight Saving time is also higher risk. Use extra caution when you are most likely to be fatigued.

2) Create a lifestyle that makes it easy for you to get good quality sleep. In many cases, our lifestyle creates situations where it is harder to get to sleep. For example, research has shown that if you use screens – including TV screens, e- readers, or computer screens – in your bedroom before sleep you may have a harder time getting adequate rest. Light pollution and even small lights in the bedroom can also impede your ability to sleep, as can noises. In addition, a stressful work environment can make it harder for you to fall asleep at night and stay asleep. Cultivate a healthy lifestyle that includes adequate rest, exercise, and quality nutrition. Outsource some of your work or work to make your time commitments reasonable. You may experience better health and you may also be less at risk of traffic accidents.

3) Take note of any feelings of fatigue. Before you drive, notice whether you feel tired. In fact, get into the habit of evaluating your mental state throughout the day. If you notice unexplained feelings of fatigue frequently, this could be the sign of a sleep disorder or another serious issue. See your doctor promptly in order to get help.

4) Do not overschedule yourself. Having too much to do means that you are more likely to drive distracted, more likely to speed, and more likely to get inadequate rest. All of these things can lead to a traffic accident in Virginia Gardens or your community. Overscheduling yourself can also lead to excessive stress and can reduce the quality of your life (and your sleep). Learn new ways to manage your time so that you can get everything done without overburdening your schedule.

5) Look into carpool and other driving options. If you drive everywhere or have to drive many miles per day, it’s easy to get exhausted and overwhelmed. Consider commuting using public transportation. This can give you a chance to do something else – such as listen to quiet music or read – while someone else takes care of the driving. Or, consider carpooling. This can also give you a break from constantly having to drive everywhere and can even help you save money.

6) Don’t just over-caffeinate. If drivers are tired, they often simply zip through a drive-through in order to pick up coffee or a soda. Be careful of over-caffeinating rather than treating symptoms. If you are tired all the time, it is important to talk to your doctor rather than just continue drinking caffeine. Drinking caffeine can still lead to a car accident because once the caffeine rush wears off you can fall asleep at the wheel. In addition, drinking too much caffeine can make you jittery and can also lead to a car accident. Caffeine may also not improve your motor skills or response times if you are fatigued.

Florida Car Accident Lawyer Blog

The Governors Highway Safety Association has released a study showing that in the first half of 2012 there was a jump in the national number of fatal traffic accidents involving teen drivers when compared with the number of crashes during the same period in 2011. Experts have many ideas about how to reduce the instances of teen-driver-related car accidents in Coral Gables and other communities:

1) Increase the amount of driving instruction for teens. Graduated licensing programs have already helped reduce the number of teen drivers involved in serious traffic accidents in Coral Gables and other communities. Experts agree that one of the key reasons behind driving accidents involving teen drivers has to do with driver inexperience. Teens may simply not have the behind-the-wheel experience needed in order to avoid some collisions. Getting additional on-road training and extra instruction can help ensure that teen drivers have the skills needed to drive safely. Parents can help by purchasing additional driving instruction and one-on-one driving instruction for their teens.

2) Crack down on distracted driving. According to the National Safety Council, more than 24 percent of traffic accidents involve cell phone use. About 450,000 teens are injured each year and 3,000 are killed due to car accidents, and many experts believe that distracted driving is a key contributor to many accidents involving teen drivers. Studies show that in addition to cell phone use, other passengers are a key cause of distraction for teen drivers. In fact, teen drivers who have teen passengers are more likely to be involved in an accident when compared with teen drivers driving alone or with an adult in the car.

3) Alert teens about the dangers of fatigued driving. Teens may not be aware that driving fatigued is a dangerous situation, so it is important for parents and other adults to explain to teen drivers the dangers of driving distracted and potentially falling asleep behind the wheel.

4) Have parents set rules about driving. Teens should learn that driving is a privilege, not a right. To that end, parents can help by setting firm rules – such as no texting and driving or no passengers in the car – to ensure that their teens do not take unnecessary risks as they slowly build their driving skills.

5) Insist on remedial lessons for teens who get into fender-benders. Fender benders and near accidents are often warning signs that a teen’s driving skills need additional work. Parents can help by getting their teenage driver more one-on-one instruction time and in-car instruction time from a professional driving instructor. This can help teens correct any bad habits and help them get the skills they need in order to avoid collisions.

6) Show teens the effects of dangerous driving. Local authorities have education programs designed especially for teen drivers. It is important for parents to make sure that their teens see the devastating impact that reckless driving, distracted driving, fatigued driving, and careless driving can cause.

Florida Car Accident Lawyer Blog

During this time of year, many Homestead residents are getting invitations to work holiday parties as well as holiday get-togethers from friends and family. While it’s exciting to get invitations and to schedule them into your planner, this is also a good opportunity to make sure that you plan ahead for safety.

Holiday parties are a cause of concern for local law enforcement, since alcohol served at holiday parties can lead some motorists to make poor decisions, leading to Homestead drunk driving accidents. Homestead car accidents involving alcohol do typically increase during the holiday season in many years, according to authorities. Sometimes, drivers simply make poor decisions after drinking at a holiday party and the consequences can be tragic. Each year, people sustain serious Homestead head injuries, spinal cord injuries, and even fatalities due to drunk driving.

You can help prevent these types of tragedies by planning well in advance. When you get an invitation for a holiday party, don’t just consider whether you can attend or whether the party fits into your schedule. Also plan ahead to determine how you can get home safely. For example, one of the things you want to consider is whether the party will be alcohol free or whether alcohol will be served. If alcohol will be served, consider how you will get home safely.

To do this, consider where the party is held. If the party is held at your workplace, find out whether your employer will be providing a way to get home safely. Consider public transportation as a way to get home safely, but also consider when the party will be ending. The party may and well after public transportation is no longer available. If this is the case, you will need a list of local cab companies as well as cash on hand so that you can call for a taxicab after the party.

Be especially alert for parties that can end late and for parties that are in remote locations. Often, these are the most challenging if you will be drinking. Taxicabs from remote locations may be more expensive and public transportation may not be available late at night or in remote areas. Hotel rooms and motel rooms may also not be available in these areas. Therefore, you will need to plan ahead and arrange for a friend or family member to pick you up. You may also want to have a list of cab companies on hand as well as extra money to get home safely. Or, you can make arrangements with your host in order to stay at their home after drinking. Planning ahead can reduce the risk that you will be involved in a Homestead traffic accident simply because you didn’t plan ahead and ran out of options when it was late and you found yourself far away from an easy way to get home.

Keep in mind that after a party where you have been drinking you may feel tired and anxious to get home. This makes it easier for you to make a bad decision. To avoid being in a Homestead traffic accident caused by drunk driving, make it easy for yourself to do the right thing. Plan ahead and have more than one way to get home safe. Better yet, consider leaving your car at home and take a cab to the party so that you are not tempted to drive home after you have been drinking.

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

Unfortunately, at this time of year many people make poor decisions when it comes to driving after drinking. At the same time, office holiday parties and personal holiday parties often serve alcohol, allowing some drivers to make poor decisions after drinking. Drunk driving causes too many Hollywood car accidents each year – and these accidents are completely avoidable if motorists simply take some extra time to plan ahead to get home safely.

Planning ahead

Plan ahead if you will be attending any events in the next few weeks where alcohol may be served. Even if you do not have plans for drinking at a the specific party, make sure that you have at least three ways to get home safe if you do end up drinking. Keep extra money on hand to pay for a hotel room, a taxicab, or another alternative to get home. Make plans with friends and family so that you can call each other in order to get a safe ride home. Designate a driver. Do what you can, but make sure that you do not drink and drive. It is the only way to avoid a DUI Hollywood traffic accident.

Make use of more than one option to get home

Many communities offer free or inexpensive transportation options at this time of year to help people get home safely after festivities. Find out what is offered in your area. Keep a printout of local bus routes, taxi cab company phone numbers, and other information on your mobile device or in your glove compartment so that you know how to get a safe drive home. One good option is to simply leave your car at home if you will be drinking at a party. That way, you will not be tempted to drive home.

In order to stay safe on the road, you must also be well rested and alert when you get behind the wheel. This holiday season, give yourself the gift of sleep and get plenty of rest. Not only will you enjoy the holidays more, but you will have a safer holiday season as well. If holiday stress makes it difficult for you to sleep, visit your doctor in order to get assistance before your drowsiness leads to an accident. Keep in mind that even if you have not been drinking, you may be too fatigued to drive home safely after a party. Having alternative options to get home safely can help you avoid a Hollywood truck accident or car accident.

Florida Car Accident Lawyer Blog

Unfortunately, Thanksgiving and the holiday season are a time when Florida and Pompano Beach drunk driving accidents may be on the rise. There are more holiday parties at this time of year serving alcohol, which can lead motorists to make poor decisions after drinking. Luckily, these types of Pompano Beach car accidents are completely preventable and you can do your part to help prevent these types of tragedies with just a few simple steps:

1) Plan ahead – even if you don’t plan to drink. Many drivers plan ahead if they plan on drinking, but even if you do not plan on drinking you may find that you end up being served alcohol or end up drinking anyway without planning to. Any time you head to a party or holiday event, you should have a backup plan for getting home safely if you do consume alcohol. This way, being unprepared is no excuse for driving drunk.

2) Have extra money on hand. A simple way to prevent DUI Pompano Beach car accidents is simply to have extra money on hand to pay for a hotel room or taxicab home if you have been drinking. You do not want to have to make a bad decision simply because you do not have money on hand to get home safely.

3) Keep the names of hotels and taxi companies in your wallet or glove compartment. Knowing exactly who you can call and where you can call in order to sober up or get home safe makes it easier for you to make the right decision if you do drink.

4) Have more than one plan for getting home safely. Having just one get home safe plan can be risky. For example, if you designate a driver but the driver ends up drinking or ends up leaving early, you could be stranded – unless you have a backup plan to get home safe. In addition to designating a driver, therefore, you may want to have other options on hand. Have money for a taxicab, have a list of friends you can call for a safe ride home, or have other options on hand so that you have lots of ways of getting home safely.

5) Don’t plan on walking home alone if you have been drinking. While it can seem like a better option than driving drunk, walking home inebriated can lead to a Pompano Beach pedestrian accident. Pedestrians who are intoxicated are more likely to become confused and may wander into traffic or get hit by a car. Inebriated pedestrians are also more likely to be involved in a Pompano Beach trip and fall accident or are more likely to injure themselves or become the victim of a crime because they are not alert enough to walk home safely. If you must walk home, walk home with friends or get a taxicab instead.

6) Consider making a difference by donating to a local group raising awareness about drunk driving. Raising awareness about the dangers of drunk driving and supporting groups that strive to reduce drunk driving helps keep everyone safer.

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