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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

While a shocking 11.4% of the alcohol consumed in the United States is consumed by underage drinkers, a recent CDC report claims that 10% of high school drinkers report drinking and driving. Any drinking and driving is too much drinking and driving, but teen drinking and driving has fallen by more than half since 1991. Although significantly cutting drinking and driving is a laudable accomplishment, it does not indicate that these high drinkers are making more responsible choices with alcohol.

Of those teens that reported drinking and driving, a startling 85% of them said they binge drank before driving. It appears as though drinking and driving has developed a negative stigma since 1991, which makes roads safer. However, discouraging drinking and driving does not appear to be halting dangerous consumption. This level of over consumption puts teenage lives in a different type of danger. Without the opportunity to learn to make responsible choices, one can only wonder if drinking to such dangerous levels will increase?

Click here for more on the CDC’s report. 

Choose Responsibility Blog

According to a new research study led by Joanne Brady of Columbia University, more than half of drivers in the US involved in fatal car collisions had drugs or alcohol in their system at the time of their accidents. According to Brady and her researchers, men and those driving at night were the most likely to have controlled substances in their system.

The study, which appeared in the journal Addiction, was based on data from the National Highway Traffic Safety Administration. Researchers looking over the data found that between 2005 and 2008, 20 150 drivers were fatally injured in car accidents in fourteen states. Of these, 57 percent tested positive for alcohol of drugs. About 20 percent had multiple drugs or controlled substances in their system. The most common controlled substance found in these drivers was alcohol, but marijuana, amphetamines, and other stimulants were also found in some drivers.

According to researchers, men were more likely than women to be driving with drugs or alcohol in their system. Less than half of women fatally killed in car accidents had controlled substances in their system at the time of their traffic accident, compared to sixty percent of men. The records did not show how much of a drug drivers had in their system, so according to researchers it is impossible to tell how impaired by drugs the drivers were, and whether any prescription drugs found in drivers were being taken correctly.

In Florida, since the 1980s, groups such as MADD and law enforcement agencies have launched enforcement and education initiatives aimed at reducing the number of Miami drunk driving accidents on the roads. Drivers are well aware of the risks of drugs and alcohol in increasing the risk of a Miami car accident. Nevertheless, as the newest study suggests, many drivers are still making poor choices when it comes to controlled substances and driving.

More can be done to prevent Miami traffic accidents caused by substance abuse. While Brady and her research team did not make specific recommendations based on the findings, the study itself does suggest a number of possibilities. For example, since impaired driving collisions seem more likely at night, perhaps more can be done to provide low-cost and accessible transportation options for drivers in the evenings and at night. In addition, since men are more likely than women to drive impaired, perhaps education and prevention campaigns aimed at reducing Miami truck accidents and car accidents can be tailored at men.

Florida Car Accident Lawyer Blog

In the 1980s, campaigns and initiatives were launched by MADD and other organizations to crack down on drunk driving and to educate the public about the dangers of driving inebriated. Legislators passed laws to make penalties harsher for those who decided to drive after drinking. Despite all the efforts, however, there are still thousands of Miami drunk driving accidents occurring because drivers make poor choices after drinking. Each day, police pull over drunk drivers and attend tragic car accident scenes caused by inebriated drivers.

According to the Department of Motor Vehicles, there were more than 2000 drunk driving convictions in Miami-Dade County in 2010. There were 1588 car accidents caused by drunk driving in the county that same year. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), these accidents resulted in 1034 injuries and 43 fatalities.
The results of a Miami car accident caused by a drunk driver are devastating. In cases where a serious injury or fatality has occurred, it can cost a family hundreds of thousands or even millions of dollars to take care of lost income, medical costs, long term care, and other expenses. It can be especially galling for a family to learn that their pain and suffering was preventable and caused by someone’s poor choices.

After a Miami traffic accident caused by drunk driving, families do have options. Depending on the details of the accident, the family may be able to pursue action against the driver and other parties. In a DUI case, the drunk driver is presumed negligent. In some cases, claims can be filed against those who provided the alcohol and anyone who permitted the driver to drive inebriated.

A family who has suffered due to a drunk driver can pursue claims for pain and suffering, injuries, medical costs, lost income, lost earning capacity in the future, and property damage. To prove these damages in court, the family will usually need to work with an experienced Miami personal injury attorney. A good attorney can investigate the cause of the accident, find all liable parties, find evidence of negligence, accurate evaluate the cost of damages, and pursue justice in the case. In most cases, an attorney will work with medical experts and will gather medical records, doctor’s bills, prognosis details, body shop receipts, police records, and other records that can help prove the case. He or she will take care of all the details so that you can focus on healing and rebuilding your life after the accident.

Florida Car Accident Lawyer Blog

I’ve written long and hard over recent years about the inaccuracy and unreliability of breath alcohol and blood alcohol testing.  See, for example, How Breathalyzers Work – and Why They Don’t.

Increasingly, however, cops are confronted with a different kind of impaired driving:  driving under the influence of drugs (or under the combined influence of drugs and alcohol), also known as "drugged driving".  In almost all states, this is a criminal offense treated the same as drunk driving, even if the drugs are legally prescribed.

So how accurate and reliable is law enforcement in detecting driving impairment from drugs?  How good are crime labs at determining levels of impairment with quantitative and qualitative analysis?

Not every.

The following is part of a report from the National Highway Traffic Safety Administration of the U.S. Department of Justice.  Entitled "Priorities and Strategies for Improving the Investigation, Use of Toxicology Results, and Prosecution of Drug-Impaired Driving Cases — Findings and Recommendations" (DOT HS 810 708), the internal report paints a bleak picture not intended for public awareness. 

There is no clear correlation between blood drug concentrations and impairment for many drugs.

In DUI cases involving alcohol, a clear understanding has developed over the past 50 years regarding the relationship between increasing blood alcohol concentration and impairment. Tolerance to the effects of alcohol have been well characterized. Morever, the limitations it places on expert testimony are consistent and generally accepted by toxicologists.

The same cannot be said for drugs. The amount of research carried out is significantly more limited, and in the case of recreational drug use, researchers cannot ethically administer the doses of drugs typically taken by regular users. Other confounding factors include the common practice of combined drug or drug and alcohol use, where the interactions are not well known or understood. Additionally many drugs, particularly stimulants and narcotics, have markedly different effects in the acute phase from the later or withdrawal phases, even though the concentrations may be similar.

These limitations are a challenge. However research on this topic must continue and should be supported by laboratories, universities, drug companies, and funding agencies. This area of research is currently neglected. Because of these limitations, standard approaches to DUI prosecution that work well for alcohol, where there is a known relationship between alcohol concentration and impairment, may not be the optimum approach for DUID. Alternatives such as drug per se statutes, particularly for illicit drugs that are illegal in all circumstances, should be considered.

 

Does that last sentence sound familiar?  Years ago, the Feds put pressure on the states to adopt new DUI laws:  drunk driving per se statutes.  Since accurately detecting alcohol impairment was often difficult, the "driving under the influence" or "driving while impaired" laws were supplemented by a so-called per se law: it was illegal per se (in and of itself) to drive with a blood-alcohol level of .10%.  With intense pressure from MADD, this was later lowered to .08%.  

Thus, if a citizen were suspected of drunk driving and was tested at above .08%, in most states he would be charged with both crimes — DUI and the per se offense — and could even be convicted of both.  It did not matter whether

The whole point of the per se laws is to avoid the difficulties of proving a driver was impaired.  Impaired ability to drive is no longer relevant:  the crime is simply  in having alcohol in the system. 

In this report, the Feds are now recognizing that the situation is even worse for drugged driving: there is no known way to determine for many (if not most) drugs how much is required to render a driver impaired.  As with alcohol per se laws, then, the Feds are recommending "solving" the problem by simply ignoring impairment and calling for laws making driving with the mere presence of the drug a crime.  And since they can’t determine what levels of hundreds of different drugs to outlaw, they will simply treat them the same and outlaw any amount of any of those drugs.

Easier to arrest, easier to prosecute, easier to convict…even if the driver was never a danger to anyone.

Thanks to attorney Troy McKinney  of Houston, Texas.
 

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

In today’s news, another cop caught drunk driving and hiding behind the Blue Wall….

Judge Lets Off Statie Chased by Officers


Boston, MA.  July 17 — The state police captain who yesterday admitted prosecutors had enough to prove he was guilty of leading Saugus cops on a late-night chase could be back patrolling Bay State highways in days after a judge gave him a break, state police and prosecutors say.

A Lynn District Court judge continued motor vehicle charges against Capt. Thomas McCarthy without a finding, meaning if the 47-year-old superior officer keeps his nose clean for six months, the charges will be wiped from his record…

Prosecutors had sought drunken driving charges against McCarthy, of Stoneham, after police said he smelled of booze and had an open beer in his cruiser when police stopped him on Route 1 in Saugus on Nov. 19, but a clerk magistrate said there was “insufficient evidence,” because cops never performed a field sobriety test.

Further information was provided in another newspaper article today:

 

….Saugus Police Officer James Scott’s report said McCarthy led Scott and other officers on a pursuit down Route 1 and in Saugus on Nov. 19, 2011. Scott noticed the smell of alcohol on McCarthy’s breath, according to Scott’s report, and officers found an empty beer bottle and two unopened bottles in what State Police last November described as McCarthy’s unmarked cruiser…

Scott wrote in his report that he spotted a black sedan “cross over the center yellow line on numerous occasions” on Central Street just before 11 p.m. last Nov. 19.

The car’s driver did not initially pull over when Scott activated his cruiser lights, but subsequently pulled over on Main Street, according to the report.

Scott recognized McCarthy and “could smell the odor of an alcoholic beverage on his breath,” according to the report.

Scott asked McCarthy to get out of the car at which point McCarthy told him, “You’ve got to be kidding me, I’m outta here,” according to the report.

Scott and two other Saugus police cruisers pursued McCarthy onto Route 1 and into Square One Mall near Sears, where McCarthy stopped. McCarthy, according to reports, did not initially follow Scott’s orders to throw his keys out of the car.

After he got out of the car, McCarthy refused, according to Scott, to put one arm behind his back. Scott grabbed McCarthy’s right arm and pulled him to the ground, according to the report…

 

For those of you who aren’t familiar with the double standard known as the "Blue Code", see a few of my past posts:  The Blue Cover-Up, Guarding the Guardians, The DUI Double Standard and Crossing the Thin Blue Line.
 

DUI BLOG