Roadway Safety Laws

The Emergency Nurses Association released a report examining the roadway safety laws in all 50 states and Washington D.C.. After evaluating 14 different categories, Florida was given an average rating for car accident laws.

The 2010 ENA National Scorecard used several types of legislation for their ranking: seat belt use, child passenger safety, graduated drivers licensing for teens, all-rider motorcycle helmet requirements, ignition interlock devices to prevent drunk driving; entering, sending, reading, or retrieving data for all drivers using cell phones or other interactive wireless communication devices; and the authority to develop, maintain and evaluate a state trauma system. Each state then received 1 point for each type of legislation. The report included distracted driving laws for the first time ever.
Only Oregon and Washington met all of the ENA criteria, followed by Tennessee which implements all but one. The report urged each state to consider implementing more laws to ensure highway safety. According to the Center for Disease Control and Prevention, every 12 minutes there is a traffic related fatality. Furthermore, every ten seconds, someone is taken to the a hospital emergency room for injuries sustained in a car accident. The ENA has urged states to enact and pass more and better roadway safety laws in order to aid in the prevention of crash related injuries and deaths.

According to the National Highway Safety and Transportation Administration, 5,474 people died in distraction-related car accidents in 2009. Cell Phones alone amounted to about 18 percent of all fatalities. Due to the rising numbers, 26 states and Washington D.C. have passed laws that apply to the entering, sending, reading, or retrieving data other than for emergency purposes on cell phones while driving.

Treatment for victims of car accidents has also become a primary concern as the ENA report indicates that 47 states have passed laws that allow for a statewide trauma system. ENA President Diane Gurney stated that “timely and appropriate care can be the crucial difference in whether a car accident victim survives or dies.” Establishing a trauma system will aid in the care of seriously injured victim and can essentially save their life.

With I-95 in South Florida being one of the nations deadliest highways, the ENA report suggests implementing strict Florida car accident laws to reduce the number of serious car accidents and injuries.

Two Miami Resident killed and four hurt in roadside I-95 accident

An I-95 car accident in Fort Lauderdale claimed the life of two more people on Tuesday evening, leaving three others in serious condition. The Sun Sentinel reports that the five people were traveling southbound on I-95 in a 2000 Ford Explorer when they pulled off the road near Sunrise Blvd. to change a flat tire. Though the driver took the proper steps to ensure the safety of himself and his passengers by pulling all the way to the grassy shoulder of the road, the driver of a 2000 Toyota Camry lost control of her vehicle and slammed into the SUV and the people around it. After the impact, the Camry continued down the embankment and slammed into a fence.

CBS News Reports that forty nine year old Victor Morales-Calderon from Miami and 31 year old Wuilmer Sanchez were killed instantly . The three other people from the SUV, Jose Turcios, 44; Nixon Flores, 18, and Emilio Carranza, 53, were all taken to Holy Cross Hospital in serious condition .The driver of the Camry was also injured and is also in serious condition. According to the Florida Highway Patrol, it is still unknown what caused the driver to loose control of her vehicle.

The accident caused two southbound lanes to be closed for several hours, as troopers investigated the accident. The cause of the car accident remains under investigation, and any potential charges against 24 year old Ravindra K. Mahanand are still pending.

Parents of 21 year old hit-run victim seeks help from witnesses

A University if Miami student is now in a coma after he was struck in a hit-and-run collision. The Miami Herald reports that 21 year old Paul Jones suffered massive head trauma in the Miami car accident. According to Coral Gables police, Jones was walking home from a friends house around 7:20 p.m. when the driver struck him near the intersection of Red Road and Blue Road in Miami.

Though no one has come forward yet, witnesses believe the driver is an elderly man. A Coral Gables police spokeswomen stated that the vehicle is a sedan, possibly an Oldsmobile, that is either light blue or light gray. A partial vehicle tag number of -X64 has also been provided by witnesses. Reports indicate that the driver of the vehicle was heading north on Red Road and after hitting Jones he made two right turns and continued driving. Jones’ parents are urging anyone with information to please come forward.

Jones is not the first University of Miami student that has been struck by a vehicle in recent years. In September of 2009, Bianca Milov was struck by a street sweeper as she crosses Aurora Street. In April of 2005, Ashley Kelley and Andrea Cinque were also hit as they crossed South Dixie Highway at Mariposa Court. Ashley died from her injures shortly thereafter.

The area seems to have a high number of pedestrian accidents due to the large number of people walking in the area and the high rate of speed of cars traveling in the area.

Man injured as object crashes into vehicle

Last Wednesday, a man was injured from road debris crashing through his window on the Florida Turnpike in Fort Lauderdale, about a mile south of Sunrise Boulevard. The Miami Herald reported that the accident caused glass to be logged in the driver’s eyes as well as several cuts on his arms.

This does not come as a surprise considering the number of similar instances reported over the past few years. Florida auto accidents caused by road debris crashing through windows can be extremely dangerous. A study conducted by Safety Research and Strategies, Inc., showed that if you are traveling at 55 miles per hour, a 20 pound object can hit with more than 1000 pounds of force.

According to the AAA Foundation for Traffic Safety , objects crashing through windshields are responsible for 25,000 accidents and nearly 100 deaths each year. Just a few years go, 24 year old Maria Frederici was nearly killed when a piece of furniture fell off a trailer, causing a large chunk of wood to break off and shoot like a missile through her windshield, and hitting her diagonally across the face. Earlier this year in South Carolina, Jo Maureen Fisher died after a truck driver hit a pothole causing a rock to fly through her windshield.

A few years ago, Stephanie Murray and her mother were traveling on I-95 in Broward county when a 17 inch, 20 pound metal rod slammed into her chest when it flew through her windshield, impaling her to her seat and missing her aorta by less than a quarter on an inch. It was at that point that the Florida Highway Patrol started keeping records of reported road debris related accidents. In that year, 194 incidents of road debris were reported in Broward county alone.

Though many times these accident’s are unavoidable South Florida Auto Accident Attorney Joseph Maus suggests that in order to help prevent a similar situation you should always make sure your load is secure, move away from vehicles who are carrying large furniture or other objects, be aware of your surroundings to avoid running over debris or getting hit by objects that are kicked up by other cars, and be careful when avoiding objects, as swerving can cause you to lose control of your car.

Drowsy Driving accounts for 17 percent of fatal car accidents

Drunk driving and cell phone distractions are obvious triggers for car accidents, but according to new data, driving while drowsy has become almost as dangerous. According to the National Highway Traffic Safety Administration in 2009, 730 people died in car accidents due to drowsy drivers. This accounts for over 16.5 percent of all car accident related fatalities last year. A national survey conducted by the AAA Foundation for Traffic Safety found that over 41 percent of all drivers in the U.S. admitted to falling asleep or nodding off at some point while driving.

The NHTSA found that drowsy driving was the third leading cause of car accident related fatalities in 2009. The first two were accidents involving alcohol at 32 percent and cell phone or other technology related distractions following at 31 percent.

Rather than trying to push through when you feel yourself becoming drowsy, take the proper steps to ensure your safety as well as the safety of others. The AAA foundation for Traffic Safety suggests that when you are driving long distances you should stop at least once every two hours, drink plenty of water, and avoid eating heavy meals.

Woman struck and killed in I-595 hit-and-run just west of I-95

It seems as if everyday accidents in South Florida highways leave someone either seriously injured or dead. The Sun-Sentinel reported that a woman was struck and killed this morning at around 3:30 am by a hit and run driver on the New River bridge just west of I-95. It is reported that while her body was still on the road, she was run over a second time by an 18-wheel tractor-trailer.

A few hours after the accident, the driver of the vehicle that sped away contacted authorities and is now cooperating with them. The women has not been identified as she was not carrying identification and there was no vehicle near the accident site.

The Florida Highway Patrol responded to the accident. FHP is responsible for patrolling highways in Fort Lauderdale, Hollywood, Plantation, Weston and other interstate highways in Miami Dade, Broward and Palm Beach counties. Three of the four westbound lanes of I-595 were closed for over four hours. The traffic persisted during morning rush-hour, and a second accident was reported shortly after 7:45 am.

According to the Sun-Sentinel, 272 car accidents have been reported on I-595 in the past four weeks. Just a few weeks ago, the National Highway Traffic Safety Administration ranked I-95 in Florida the “nations most deadly highway” and Statistics found that in a 4 year period between 2004 and 2008, there were 662 fatalities from Florida car accidents.

Receiving Medical Care After Car Accident Lawsuit

I live in Florida and I was in a car accident last year, and my case was handled by an attorney per my spouse advise.  Before the case went to trial I chose not to pursue it.  Unfortunately, there were still attorney fees, so the monies offered by the at fault party was used to cover those expenses, leaving me with a VERY small settlement.

My question is, can i still receive medical care paid for by my medical carrier or my auto carrier now? My main concern has always been to continue receiving medical care, not the money.  At this point, I don’t know what my options/rights are. Im not looking to sue anyone, I just dont want to have unexpected doctor bills.

Thank you so much.

Answer:

Michelle, in Florida, drivers are require to have Personal Injury Protection insurance coverage.  This is also known as PIP coverage.  Your email says you have a “medical carrier” and an “auto carrier”, but you don’t indicate whether you have PIP.

If you do have PIP, that coverage will remain in effect to pay all reasonable and necessary medical bills arising out of the accident until the policy limits are exhausted.  PIP policy limits on most policies are usually $10,000, although you can elect higher limits.  If your policy limits are not exhausted, you can still seek medical treatment and have the bills paid through your PIP coverage.   Remember though, that PIP only pays 80% of the bills, not the entire amount, so you may be responsible for a portion of the bills even after PIP pays.

You should also check to see whether your policy had medical payments coverage, also known as “medpay”.  Medpay also will pay for your medical bills.  It pays 100% of the bills above and beyond what PIP pays.

The fact that your case is closed does not affect whether you can still pursue medical treatment through PIP or medpay.

Broward County bus passengers injured in serious Fort Lauderdale car accident

Eleven people were rushed to a hospital Monday morning after a car collided with a Broward County Transit bus in Wilton Manors, a small town lodged between Fort Lauderdale and Oakland Park. The accident, which occurred at about 7:30 a.m., happened near Powerline Road and Oakland Park Boulevard when a car slammed into the back of a Broward County bus stopped to allow passenger onto the bus. The bus was carrying 27 passengers at the time of the accident. Eleven of the passengers were taken to area hospitals by ambulance. Three of those passengers were admitted to the hospital for what is being termed “serious” injuries. The remaining 16 passengers were all treated at the scene for injuries.

It appears the person with the most severe injuries from the car-bus accident was the driver of the car, a 39 year old woman. The woman was trapped in the car after the impact, and was only freed from the wreckage after fire departments from four different cities arrived on scene. It appeared the woman suffered injuries to her legs and pelvis.

Although a Florida Traffic Crash Report has not been released from the accident yet, police investigators on scene says it does not appear the woman’s car braked before slamming into the rear end of the bus. One of the investigators said there were no skid marks in the area of the crash. Because of the number of people involved in the accident, and the multiple police and fire departments that responded to the accident, the crash report may not be completed for more than five to seven days. Fire Rescue departments from Fort Lauderdale, Oakland Park, Pompano Beach and Broward Sheriffs Office responded to the car bus accident.

Florida court decides the appropriate county for car accident lawsuit

A Florida court recently decided where it is appropriate for a person to file a lawsuit after they have been involved in a car accident. In Mercury Insurance Company of Florida v. Regina Jackson, the First District Court of Appeal ruled that Florida Statute § 47.011 requires that a car accident claim be brought in the county where the defendant resides, where the accident occurred, or where the property in litigation is located.

At issue in the Mercury case was whether a bad faith claim, which arises out of a car accident, is also required to be brought in the county where the accident occurred as required by F.S. §47.011. The court relying on a case decided in the Fourth DCA, covering Palm Beach County and Broward County, stated the duties [of good faith] included making a settlement offer and/or tendering the policy limits to the Estate of the injured party, which was opened in the county where the accident occurred, investigating and evaluating the claim, when the accident occurred in the county; and advising and warning the insured who resided in county, of possible outcomes, risks, and consequences. Although the physical location of the adjuster was in a different county, the totality of the circumstances support venue being proper in the county where the accident occurs.

This is an important case as many parties invovled in litigation try to “forum shop” which means to find a county where they think the judge or jury will be more favorable to the parties involved. In the Mercury case, although the insurance company wanted the lawsuit to be handled in Leon County (Tallahassee) where the insurance company was located, the Judge required the accident lawsuit, and the bad faith lawsuit, to be brought in the county where the accident occurred.

I-595 Accidents On The Rise

Since construction began on I-595 in Ft. Lauderdale on February 26, 2010, there has been a 10 percent increase in car accidents on the 10.5 mile stretch of the only east to west expressway in Broward county. A report by the Sun-Sentinel states that in the past six months, 272 car accidents have been reported, including three major accidents in the past four weeks alone. A major accident on Friday caused westbound I-595 to be shut down for nearly three hours.

This is expected to continue until 2014 as construction in the area is causing narrow lanes, little or no shoulders and changing traffic patterns. Although the changes are going to provide express lanes, crisscrossing ramps, and new outside lanes to ease merging, one can’t help but wonder how many car accidents in Ft. Lauderdale, Davie, Weston and Plantation this $1 billion dollar project will cause.

Drivers feel that since the lanes have shifted it has become increasingly difficult to stay in your lane and to keep track of where the lane is going. To make matters worse, with no shoulders, accidents that occur block the road, causing a severe impact on the already gruesome traffic. For instance, the 3 vehicle accident which occurred this past Friday resulted in a second accident involving 5 vehicles who were attempting to avoid the first crash.

Although traffic accidents will eventually ease on I-595, driving during the next few years could be extremely dangerous. To avoid car accidents Florida Auto Accident Attorney Joseph Maus recommends drivers should exercise caution when driving through the construction sites over the next few years.