Jacksonville Personal Injury Blog

The latest Florida crash statistics released by the Florida Department of Highway Safety and Motor Vehicles gives us a snapshot of how we are doing as Florida drivers.

Among the statistics for 2010:

• Fewer teenagers are obtaining new driver’s licenses, possibly because they are staying in touch through Facebook and texting while they stay at home.
• The number of fatal crashes is down especially those involving teenagers, bicyclists, motorcyclists and pedestrians. The Florida mileage death rate is at the lowest number ever recorded – 1.25 deaths per 100 million miles traveled.
• Traffic deaths dropped 4.6 percent from 2009 when there were 2,565 deaths, to 2,444 in 2010. The decline since 2005 has been 31 percent. Part of the reason may be there are fewer licensed vehicles in Florida than in the past.
• Pedestrian deaths meanwhile jumped 3.5 percent from 482 in 2009 to 499 in 2010.

The state attributes the low death rate to increased law enforcement, increased presence of safety advocates, and the increased number of safety laws such as the mandatory seat belt law.

Not to be overlooked is the struggling economy that may mean more people are staying home. The state has had its budget cut in compiling these statistics, which are usually released in June, so there is some guesswork going on as to “why” the numbers are down.

Farah & Farah’s Florida car accident law firm opened its doors in Jacksonville in 1979 to address any kind of personal injury resulting from an auto accident, motorcycle, large truck, pedestrian or bicycle accident. We will be your advocate and seek a just and fair compensation for your injury, no matter what type of roadway hazard you encounter.

Source: http://www.gainesville.com/article/20110928/ARTICLES/110929466/1002/NEWS?Title=2010-crash-statistics-Fewer-drivers-lead-to-fewer-wrecks

The National Highway Traffic Safety Administration (NHTSA) deputy director, along with child safety advocates and health professionals held a town hall meeting in Tampa, Friday, September 23, to address the national emergency of children being left in hot cars to die.

So far this year at least 27 children have died this summer. They were left in a car unattended while their parent or child care provider simply forgot they were there.

Hyperthermia and Cars
A child or anyone will die very quickly of heat stroke or hyperthermia from this totally preventable tragedy. Hyperthermia is the leading cause of non-crash deaths for children under the age of 14 in vehicles. Since the body temperature of a child can rise three to five times more quickly than an adult, those children who do survive may experience brain damage, organ failure or permanent blindness.

Deputy Administrator Ronald Medford reminded the town hall gathering that an absence of attention directed toward children sitting I the back of cars crosses all social, economic and racial boundaries. He urged people remain vigilant even as we go into the fall months because the temperatures inside a vehicle can remain very high.

NHTSA’s Fact Sheet reminds us that an adult can forget there is a child in the back when they break a well-established routine. If a father does not normally take care of the children, for example, he may forget the child is there.

Even just running inside a store is unacceptable. A cool temperature in the 60s can rise to above 110 Fahrenheit inside the car and an inside temperature can rise 20 degrees in ten minutes.

Children also can climb inside unattended vehicles and become locked inside with no way out.

Parents need to put the child’s toy in the front seat to remind them the child is in the vehicle. And for pedestrians, if you see a child in a hot vehicle, call the police and if they are crying, are red and hot and are in distress, get them out as soon as possible, breaking the glass if necessary.

Call 9-1-1- or an emergency number immediately. It’s better to replace some broken glass than take a chance.

Source: http://www.nhtsa.gov/About+NHTSA/Press+Releases/2011/Senior+Auto+Safety+Official+Leads+Florida+Town+Hall+Meeting+On+Ways+to+Prevent+Child+Fatalities+&+Injuries+in+Hot+Cars

The Florida Highway Patrol (FHP) reports that two prisoners were injured when the two transport vans they were riding in were struck by an oncoming pickup truck on County Road 225 in Alachua County. It happened as the transport vans were northbound on CR 225 and a pickup, driven by a 60-year-old man from Brooker, was southbound on the same road around 6:50 a.m. The pickup began drifting left of the center and entered the vans’ paths. As the first van driver swerved toward the right, the pickup hit the first van’s driver’s side front then struck the second van’s left side. This all happened just north of Northeast 55 Place near the Alachua County Public Schools building.

There were 18 prisons on the two jail vans being taken to Lake Butler where the state prison is located. Two inmates were taken to North Florida Regional Medical Center in Gainesville and those were the only injuries reported.

Distracted Driving
We have no idea from this story why the pickup truck driver left his lane.

A study published last year by the National Safety Council (NSC) reports at least 1.6 million car crashes a year, nearly 28%, were caused by a distracted driving talking on a cellphone or texting. The NSC breaks it down even further by estimating about 200,000 of those drivers are texting when they get into an auto accident. Virginia Tech’s Transportation Institute found that texting kept eyes off the road longest – more than 20 times of those not using a phone – or 4.6 seconds over a six-second interval. That means at 55 mph, the driver could travel the length of a football field without ever looking up in those six seconds.

We hope you are never faced with an oncoming vehicle. But if an accident is not your fault, yet you have massive bills and cannot work as a result, Farah & Farah’s auto accident attorneys in Florida are on your side and will advocate for your interests so you can concentrate on getting better. Our number anytime is 1-800-533-3555.

Source: http://www.news4jax.com/news/29302766/detail.html

The Florida Highway Patrol (FHP) wants to know what caused a woman to drive into a flagger in Manatee Thursday morning, September 22, even though the man at the work site was holding a sign and wearing an orange safety vest.

The collision happened in a construction zone at 60th Street West and 42nd Avenue West around 8 a.m. The 23-year-old female driver from Bradenton was eastbound on 42nd Street in her 1998 Honda Accord when she failed to stop or even slow down for the flagger and hit him in the legs. The force of the collision landed the man on the roof of her car and into the windshield. He was seriously injured and taken to Bayfront Medical Center in St. Petersburg.

The woman has been cited for failing to yield to a flag person at a construction site. According to the trooper on the scene, she did not even apply the brake because there were no skid marks on the road, reported the Bradenton Herald, quoting the FHP report.

Let’s all pray that the man survives his injuries.

Drivers and Crash Rates in Florida
The latest statistics from the Florida Department of Highway Safety and Motor Vehicles finds that drivers age 15 to 19 had the highest rate per 10,000 drivers of crash involvement in 2010 (363.97), but drivers in the 20 to 24 age range had the highest rate of fatal crashes at 3.05. There were 388 drivers in the latter age range who were involved in fatal crashes in Florida in 2010.

The truth is that you can be any age and involved in an auto accident in Florida. It may not be your fault. You may just be in the wrong place at the wrong time. An experienced Florida auto accident attorney will always offer you a complimentary consultation to determine if there are some avenues to seek compensation for your injuries and property damage.

Source: http://www.bradenton.com/2011/09/22/3516944/flagger-struck-by-car-in-bradenton.html

A Florida legislative study says that there are too many rogue assisted living facilities (ALF) in the state that are abusing and endangering elderly and disabled residents and they need to be shut down and heavily fined. The report, by the state Senate Health Regulation Committee, also calls for tougher qualifications for those who run ALF’s and to better fund oversight which is supposed to be conducted by the Agency for Health Care Administration. Florida’s ALF industry has been regularly criticized for allowing the worst run facilities to stay open. Last May, a Miami Herald investigation found that due to neglect and abuse, nearly one person a month died in a Florida ALF and the worst ones are still open for business.

The investigation also found:

• There are 2,956 ALFs operating in Florida and the state is failing to keep up with inspections.


• Sixty percent of those residents who suffer from severe dementia wander from homes, something caregivers are not equipped to handle.


• One hundred homes with mentally ill residents were found to use illegal restraints, tranquilizers, ropes and locks to keep people in check.


• A dozen deaths were included in the Herald investigation including a 74-year-old woman who died from the restraints that ripped into her skin.


• As the number of new homes grew by 550 in five years, inspections were cut 33 percent.

Florida has always been a mecca for elders and the numbers are expected to grow from 3.3 million today to 4.5 million in ten years, all at a time when government doesn’t think it is important to increase funding for inspecting these new homes. That is a formula for disaster.

Source: http://www.tampabay.com/news/health/medicine/report-urges-florida-crack-down-on-alfs/1192474

A 14-year-old boy is in serious condition after he was crossing a street on his way to school and was hit by a car being driven by a teacher. The boy is a student at University High School in Orange City and he was hit about 6:45 a.m. as he crossed Rhode Island Avenue at Carpenter Avenue with another student. He was airlifted from the scene to a hospital. The 48-year-old driver from Palm Coast was driving west on Rhode Island. She is listed as a “non-core” teacher at the high school and was cited by the Florida Highway Patrol for violating a pedestrian’s right of way.

The pedestrian crash in Orange City was described as low-impact.

Pedestrian Accidents
While roadway accidents involving vehicles are on a decline nationwide, pedestrian accidents still account for about 12% of all roadway deaths – 4,092 according to the Governors Highway Safety Association in 2009.

Under Florida Statute 316.130, pedestrians generally have the right of way, especially near a playground or school or if the area has no traffic signals. If a crosswalk near a school was not supervised or a traffic light malfunctioned, a third party could be responsible for any injury associated with a traffic accident.

There are many questions that need to be answered when a young person is hit walking to school in order to determine the at-fault party. The Florida pedestrian accident lawyers at Farah & Farah is here to help and first we will conduct an investigation into the events surrounding the pedestrian collision. Call us at 1-800-533-3555 so we can get started.

Source: http://www.news-journalonline.com/breakingnews/2011/09/child-hit-by-vehicle-in-orange-city.html

Florida is one of several states that offer new teenage drivers a graduated program, restrictions on their first months and years behind the wheel. Now a new study published Wednesday, October 14, in the Journal of the American Medical Association (JAMA) shows that while the number of fatal crashes among 16 and 17-year-olds has declined, deadly accidents among 18 to 19-year-olds have risen.

JAMA study researchers found that states that restrict teen driving had a 26% reduction in the rate of fatal crashes among young teen drivers, but the fatal crash rate for 18-year-old drivers in those states jumped 12%.

Car Crashes- Leading Cause of Teen Deaths
Graduated driver licensing programs restrict young drivers from being on the road at night and driving with passengers and talking on cellphones.

With a goal of reducing the number of Florida car crashes involving teen drivers, Florida was the first state to implement a program in 1996 and since then all 50 states and the District of Columbia have added the program. One year after the program became law, Florida saw a 9% reduction in fatalities and injuries for teen drivers ages 15 to 17.

The theory behind the older accident rate may be that 18-year-olds are waiting to get their drivers license because of the restrictions imposed on a 16-year-old driver, therefore putting older teen novice drivers on the road.

One solution to these findings may be to extend the graduated driver licensing programs to older teen drivers. In fact, New Jersey has restrictions on a new license that lasts until the age of 21.

Sources: http://www.latimes.com/health/la-he-teen-driver-laws-20110914,0,7056006.storyS; http://www.flhsmv.gov/hsmvdocs/CS2010.pdf; http://www.lowestpricetrafficschool.com/driver-education/florida-graduated-drivers-license.html

According to Census data released Tuesday, September 13, Florida has the third highest number of people who went without health insurance for the past three years. With a national average of just under 16 percent, almost 21 percent of the state’s residents do not have health insurance and did not over the last three years.

Texas and New Mexico are the only two states whose rate of uninsured residents exceeds the number of uninsured in Florida.

This article in the Pensacola News Journal says Escambia County’s uninsured rate is even higher at about 25 percent. With Florida at one of the highest unemployment rates in the country, 10.7 percent in July, it makes sense that there is a corresponding lack of health insurance since many are covered through their work. Back in 2007-2008 the uninsured rate was 19.6 percent.

Florida has historically had a lower number of insured residents because the amusement park industry and service jobs are not required to provide health insurance to workers.

Health Insurance and Workers’ Compensation
Health insurance along with workers’ compensation are two benefits that many employees enjoy as a result of having a job. While fewer employers are offering health insurance, most employers who have four or more workers, or construction jobs, must offer workers’ compensation to their employers in case they are hurt on the job. If that happens, the employee can expect to be compensated for their medical costs and wages.

There are times, when the insurance company for the employer underestimates the amount that should be compensated. If you feel your employer is shortchanging you in any way, sometimes they need to hear from a representative on your side.

That’s where Farah & Farah’s workers’ compensation attorneys in Florida can play a vital role. We speak their language and have the expertise to make things right. Call us at 1-800-533-3555 for a complimentary consultation on your case.

Source: http://www.pnj.com/article/20110914/NEWS01/109140320/Fla-has-3rd-highest-rate-uninsured-census-shows

A 46-year-old man has been charged with several DUI charges including manslaughter related to a December crash that killed a New Port Richey woman who was a passenger on a moped. The driver of the 2004 Lincoln hit the moped December 15, 2010 about 9:30 p.m. on U.S. 19 near Bougenville Drive. While the moped’s driver was seriously injured and has since undergone several brain surgeries, his 27-year-old female passenger was killed. The Lincoln driver had a blood alcohol level of 0.095 and considered impaired as Florida’s standard for intoxicated is 0.08. Beside DUI manslaughter, the man is facing DUI with property damage, and DUI with serious bodily injury. He remains jailed with his bail set at $16,000.

No Helmet Required
We do not know the specifics of this moped collision, however on July 1, 2000, the state of Florida exempted adult motorcyclist and moped riders from wearing helmets if they have medical insurance of at least $10,000. That led to a 48% increase in motorcycle occupant deaths, according to the National Institutes of Health.

When a motorcycle is involved in an accident with a motor vehicle, approximately 80 percent of the time, it is the motorcyclist who will suffer injuries.

It is important following a motorcycle accident to preserve evidence from the scene and to get a full account from witnesses. Only then can you determine who was the careless or negligent party that may be responsible for your losses and pain and suffering. In addition, there may be other factors such as roadway debris, defective tires, or a hazard involving poor lighting or visibility on the road caused by tree branches that block visibility.

All of these factors need to be taken into account in our representation of you following a motorcycle accident. Your first consultation with Farah & Farah motorcycle accident attorney in Florida will cost you nothing and may determine the direction you take following a collision. Call us at 1-800-533-3555 so we can get started helping you or a loved one.

With all the laws that didn’t make it on the books in Florida during the last legislative session, one that has to do with clothing, especially clothing that is not supposed to be seen, is being enforced. The “Pull Up Your Pants” bill requires Florida school districts to discipline students whose underwear shows. They are known as “Saggy Pants Laws” and they are being enacted all over the country. Illinois law enforcement will write a ticket for high school students with their boxers showing. And the ticket is a steep one - $750.00. Virginia is considering such a ban and the public bus system in Fort Worth, Texas turns away passengers with saggy pants. Winston-Salem and South Carolina are turning to education to stop the so-called stylish practice.

In Florida as school started last week, State Senator Gary Siplin visited a number of Orlando high school and handed out belts to students who might need a little more support. He is the lawmaker behind the ban which carries only a punishment similar to a dress code violation. That can include up to three days of an in-school suspension.

Meanwhile, the American Civil Liberties Union and the National Association for the Advancement for Colored People believe that minorities are being targeted. But school districts are given a great deal of leeway in enforcing a school dress code so expect to see those droopy drawers pulled up.

Source: http://www.boulderweekly.com/article-6339-bans-on-saggy-pants-all-the-rage.html

First Coast News reports that seven people die every day in Florida of prescription painkillers such as OxyContin. Now Florida has a new tool to crackdown on illegal prescription drug use. The state’s prescription drug database went online Thursday, September 1. Now whenever a pharmacy, doctor or hospital dispenses certain painkillers, they must enter that information into the database within seven days. There are some concerns whether the software will be fully functional all at once. Pharmacies must collect information to enter into the record on a weekly basis. There are about 4,000 pharmacies in Florida and every one must be in compliance with the program. Doctors writing prescriptions for painkillers must also use tamper resistant prescription pads because of problems with false prescriptions being written by non-doctors.

Abuse of Prescription Drugs
The newly released 2010 Florida Medical Examiners Commission Report on Drugs Identified in Deceased Persons found 5,647 people died in Florida with one or more prescription drugs in their system. Prescription pharmaceuticals caused the most deaths at 2,710 and among them oxycodone was responsible for 1,516 deaths. Benzodiazepines caused 981 deaths (Xanax), and 694 were due to methadone.

The report found that in Florida, deaths caused by oxycodone in 2010 were up by 27.9% as compared with 2009.

Gov. Rick Scott, who had a brother addicted to prescription medication, launched a statewide sweep this year that yielded 937 arrests including 17 doctors and $1.68 million in cash along with 252,000 pills.

Oxy addicts sometimes turn to heroin, as OxyWatchdog reports. The founder’s brother died of a heroin overdose.

Source: http://downtownjax.firstcoastnews.com/news/news/59971-prescription-drug-database-starts-operating-florida

The Labor Day weekend will see increased enforcement by police officers in Hernando County as well as the rest of Florida in an effort to target and crackdown on impaired drivers. From Friday, September 2 at 5 p.m. until 5 a.m. Sunday, September 4, the Hernando County Sheriff’s Office as well as the Florida Highway Patrol will be in both marked and unmarked cars to keep drunk drivers off the road, reports Hernando Today.

Because of a stepped-up national effort during what is typically a holiday season of increased alcohol use, there will be a zero-tolerance policy toward driving under the influence. Instead of being given a citation and another chance, motorists could be arrested, charged with DUI, face jail time, a loss of a license, as well as higher insurance rates. Additionally, some will face the requirement of using ignition interlocks.

Florida DUI Driving Statistics
The National Highway Traffic Safety Administration (NHTSA) reports that in 2009, 10,839 people were killed in crashes involving a driver who was impaired, considered to be above a .08 blood-alcohol content (BAC) level. The age group with the most offenders and highest number of fatalities was 21 to 24.

The NHTSA campaign, Drive Sober or Get Pulled Over, reports that between midnight and 3 a.m. drunk driving crashes claim a life every 23 minutes. That amounts to 11,000 people who die on the road every year due to drunk driving, equal to the deaths from 21 jumbo jets crashing.

The Jacksonville drunk driving accident lawyers at Farah & Farah encourage everyone to give a second thought to driving drunk of course, but even driving “buzzed” which some people seem to think is okay. It is not and zero-tolerance may mean you find yourself heavily penalized. You may find yourself in jail, publicly embarrassed, and even in some cases, out of a job.

Source: http://www2.hernandotoday.com/content/2011/sep/01/HAOBITO1-dui-crackdown-set-for-this-weekend/; http://drivesober.nhtsa.gov/