“Click it or Ticket” Starts Today

March 1, 2010

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Today is the start of Florida’s “Click it or Ticket” program that runs from March 1st through March 15th. For the next two weeks, Florida law enforcement officers will be aggressively ticketing motorists who are not wearing their seatbelts. Obviously, seatbelts save lives and help prevent injuries in all types of trucking and motor vehicle accidents. In our Orlando law firm, we see still see serious injuries from automobile accidents even where a seatbelt was worn, so we remind you and your family to be safe and make sure you “click it”.


Florida Legislature to Address Texting While Driving

February 14, 2010

With Florida’s regular legislative session approaching, supporters of a ban against texting while driving are optimistic that legislation will finally pass during the upcoming session. As reported by the Miami Herald, lawmakers have introduced 17 bills on the issue this year. So far, at least 35 lawmakers are sponsors or co-sponsors of bills banning texting while driving and Governor Charlie Crist has also announced his support. At least 28 other states have limited texting while driving in some fashion.

“Florida is ready to say we are no longer going to tolerate this irresponsible activity,” said state Rep. Doug Holder, R-Sarasota. Many studies have been publicized over the past several months showing how texting can lead to car accidents and deaths from automobile crashes. As I’ve written about previously on this blog, one study by Virginia Tech’s Transportation Institute found that drivers of heavy trucks were 23 times more likely to be involved in a crash if texting, and drivers using an electronic device were six times more likely to have an automobile accident.

However, there are some interests that will try to block any of these measures and supporters have compared the texting issue to Florida’s mandatory seatbelt law which took 10 years to pass. Much of the opposition to the mandatory seatbelt law centered around concerns that it was a government intrusion on a driver’s freedom to choose whether or not to wear a seatbelt. “I think there are people who were concerned and that we were trying to regulate persons’ lives,” said state Sen. Frederica Wilson of Miami, who has twice sponsored similar legislation. “I think now because of national attention it will pass.”

However, many questions about how far the law will go need to be addressed. Should it apply to all drivers or just teenagers? Also, just as in the prior debate on the seatbelt issue, should police be able to stop drivers for texting or only charge drivers with texting if they first commit some other offense? Either way, although we all enjoy the convenience of staying in touch with friends, family, and work through texting, the time of texting while driving may be over in Florida. That’s a good thing for public safety on Florida’s roadways. To tell us what you think, vote in our poll on our facebook page or leave a comment.


No More Texting for Truck Drivers

January 30, 2010

On January 26, 2010, U.S Transportation Secretary Ray LaHood announced new federal policy to expressly prohibit texting by drivers of commercial vehicles such as large trucks and buses. The rule goes into effect immediately and is the latest action taken by the Department to restrict distracted driving which can cause serious automobile and trucking accidents. The new regulation follows a series of actions taken by the Department to fight distracted driving since the national summit on the issue last September. “We want the drivers of big rigs and buses and those who share the roads with them to be safe,” said Secretary LaHood. “This is an important safety step and we will be taking more to eliminate the threat of distracted driving.”
The new enforcement policy is the result of the Department’s interpretation of standing rules. Commercial truck and bus drivers who text while driving may be subject to civil or criminal penalties of up to $2,750. Texting while driving can be just as dangerous, if not more dangerous, than driving under the influence. If a driver takes their eyes off the road for just a few seconds, bad things can happen. If you’d like more information on steps taken by the Department to combat distracted driving, visit www.distraction.gov.


Orlando Approves Giant Video Screen to Face I-4

January 27, 2010

As reported by The Orlando Sentinel, in a 5-2 vote, Orlando’s City Council approved placement of the giant video screen on the arena that will face I-4. To get the votes needed, Magic execs proposed new rules that the screen would only display two full-motion video clips per minute and each clip can be no longer than five seconds. In between video clips, still images that change every eight seconds will be displayed. Hopefully, those changes will be enough to reduce the distraction to drivers and lower the risk of automobile accidents on I-4. Even with the changes, Patty Sheehan voted against the video screen. “Would I drive with my eyes closed for five seconds? Of course not,” Sheehan said. “I hope I’m wrong. I hope there’s not going to be a 15-car pileup.” Vote in our poll and tell us what you think on our facebook page at facebook.com/OrlandoInjuryLawyers.


FHP Offers Tips for Safe Thanksgiving Travel

November 24, 2009

Safety tips to avoid Florida automobile accidentToday, the Florida Highway Patrol announced its efforts to reduce the number of automobile accidents during the Thanksgiving holiday. The holiday weekend results in a high volume of traffic because of family travel and tourism which could result in a higher number of traffic crashes. Therefore, FHP will increase its presence on Florida’s roads by increasing the number of officers on patrol, including personnel normally assigned to administrative duties. Troopers will be on the lookout for DUI, speeding, following too closely, and other aggressive driving behaviors. Florida Highway Patrol recommends the following travel safety tips for the busy travel weekend:

• Get plenty of rest before setting out on a long trip
• Observe and obey all speed limits
• Allow plenty of time to reach your destinations
• Drive sober, and only sober
• Buckle up!
• Eliminate distractions: Texting, talking on the phone, eating, adjusting the stereo – these are all examples of things that can take your eyes off the road, which is exactly what you want to avoid.
• Prepare your vehicle: Check fluids for proper levels, i.e. oil, gas and windshield wipers, and ensure your tires have adequate pressure and are in good condition.

If you plan to travel over the holiday, remember to take your time getting to your destination. Long car rides can be an annoyance, but they can also be an opportunity to spend more time with family. The law firm of Earle & Smith would like to wish you and your family a safe and Happy Thanksgiving.


Walking in Orlando May Be Hazardous to Your Health

November 10, 2009

Orlando Pedestrian Accident WarningAs reported by the Orlando Sentinel, a new study just released has determined that metro Orlando has the most dangerous streets in the country for pedestrians in areas of at least one million residents. The study determined that the problem in Orlando, like much of the country, is that roads are wide and built primarily for automobiles to travel at higher speeds and not designed with pedestrians in mind. In Orange, Seminole, Osceola, and Lake counties, 115 people were killed after being hit by cars or trucks during 2007 through 2008. That number is considered extremely high because relatively few people walk in the area, instead opting to drive or take public transportation. According to the study by the Transportation For America and the Surface Transportation Policy Partnership, “the few people who do walk in Orlando face a relatively high risk of being killed.” The study’s “pedestrian danger index” ranked Orlando number one because of its high fatality rate of 2.9 deaths per 100,000 residents despite the small number of residents who walk to work. The group advocates making pedestrians a priorty in transportation planning to make roadways safer for pedestrians.

The Orlando Sentinel conducted its own analysis of Florida crash data between 2007 and 2008 and found that:

-Seminole, Orange, Lake and Osceola counties had 1,887 crashes involving motor vehicles and pedestrians.

-115 pedestrians were killed, including 66 in Orange County, 18 in Lake, 16 in Osceola and 15 in Seminole.

-At least 839 pedestrians in the region were injured, including 181 who were seriously injured.

-Eighteen pedestrians were killed along Colonial Drive or just past Colonial on its cross streets, while 17 more died on or just past Orange Blossom Trail. Nine more died on Semoran Boulevard, seven on U.S. Highway 192, and five more on State Road 44. See map below of more dangerous intersections.

-942 bicyclists were struck by motor vehicles in Central Florida which led to thirty deaths.

These numbers are staggering and unfortunate. At the law firm of Earle & Smith, we’ve had the privilege of helping pedestrians and bicyclists who have been injured in accidents with careless automobile drivers. Most of the time, the offending motorists say they never even saw our client before hitting them. Pedestrians must use sidewalks and crosswalks, watch out for motor vehicles, and carefully follow the rules of the road, especially traffic signals. For more tips on pedestrian and bicycle safety, visit the National Highway Traffic Safety Administration website.

Map of Dangerous Intersections in Central Florida:


View Larger Map

Government Holds Distracted Driving Summit

October 4, 2009

Distracted Driving Summit
In a move to promote a higher standard for public safety on our roadways, transportation secretary Ray LaHood announced on Thursday that the federal government has banned texting while driving for federal employees. Also, the government plans to ban text messaging by bus drivers and truckers who travel across state lines. The announcements were made at the Department of Transportation’s Distracted Driving Summit held last week in Washington. The measures are aimed at dealing with what Secretary LaHood called a “deadly epidemic of distracted driving”. The secretary went on to say that the order “sends a very clear signal to the American public that distracted driving is dangerous and unacceptable.” Now if only the general public would begin to see how dangerous this kind of behavior really is. At our Orlando personal injury law firm, we often see clients who were in an automobile accident because a distracted driver was talking on a cell phone or texting. These distracted drivers cause crashes that lead to life-long injuries or even death. No text message is worth that kind of risk. For more information about the summit, please visit DOT’s website on the summit.


More Attention to the Dangers of Texting While Driving

September 1, 2009

As reported by the New York Times, an organization of state highway safety officials is calling for a ban on texting while driving. Lately this issue is getting a lot of attention in the media and on the web with the recent public service video that shows a violent car accident caused by a teen texting while driving. The video shows a teenage driver and her friends in a car when the driver crosses over into the lane of oncoming traffic while sending a text . The accident kills the girl’s friends and shows graphic close-ups of one of the girl’s head slamming into the car window. The video has been viewed over 4 million times on You Tube and other sites, but has been criticized by some as being too violent.

However, that kind of attention is just what the Governor’s Highway and Safety Association needs to persuade legislators to institute a ban on texting while driving. A complete ban is a reversal of policy for the group which previously questioned the effectiveness of banning texting because it would be difficult to enforce anti-texting laws. The group now argues that a ban will send a message to the public that texting while driving is dangerous and unacceptable. For more information about the association’s position, read the press release here.

Part of the problem with texting while driving is that most people still do it even though they know how dangerous it is. Because we drive our cars so much, especially here in Orlando, drivers take for granted how dangerous driving while distracted can be on our busy Orlando roads. Obviously, being distracted for even a few seconds can lead to automobile accidents that can cause serious personal injury or even death. As this video shows, most people are aware of the dangers of being distracted while driving, but continue to do it anyway. What do you think?

more about "Distracted Drivers – Video Library – …", posted with vodpod


No More Red-light Running for Orange County Workers

August 5, 2009

Orlando Ordinance May Reduce Auto Accidents

Orlando Ordinance May Reduce Auto Accidents

As reported by WESH 2 News at WESH.com, in Florida more than 100 people are killed at intersections by red-light runners each year, and more than 6,000 are injured. Yesterday, Orange county commissioners voted to approve a new ordinance that will create penalties for county employees who get caught running red lights while driving county vehicles. In at least three videos obtained by WESH, county vehicles are shown running red lights. Click here to see the video.

This issue came to the county’s attention since Orlando began its red-light enforcement program in which cameras at intersections are used for issuing traffic tickets. The new rules will require county workers to pay the fine, and in some cases, to attend a driving safety course in order to maintain employment with the county. The violations will be included in the employee’s personnel records, and repeat offenders will run the risk of suspension or termination. When anyone runs a run red-light, they are putting other motorists at risk for traffic accidents that can lead to injuries or fatalities. But when county-owned vehicles are in car accidents, the costs of those lawsuits are paid by Orange County citizens. Although we must be thankful to county employees for doing the hard work that makes Orange County such a great place to live, the county must do it’s part to make sure it’s employees are driving in a safe manner. Hopefully, this ordinance will help achieve that goal.


Texting Can Lead to Automobile Accidents

August 1, 2009

Texting Leads to Accidents

Texting Leads to Accidents

A study by the Virginia Tech Transportation Institute reveals that drivers who send or read text messages while driving far surpasses the dangers of other driving distractions, like talking on a cell phone. In the study, the Institute put video cameras in cabs of long-haul trucks over an 18 month period and found that when drivers texted, their collision risk was 23 times greater than when not texting. The Institute also measured the time drivers took their eyes off of the road to send or receive texts. In the time it takes to look at a text message, or about five seconds, a driver covers more than the length of a football field. That’s a lot of time for an automobile accident to occur. Fourteen states around the country have already banned texting. The remaining 36 states have not passed laws, citing too little research into how texting affects driving. (See New York Times – “In Study, Texting Lifts Crash Risk by Large Margin”).

Florida is one of those states which doesn’t prohibit texting while driving. With our congested roadways and heavy traffic here in Orlando, drivers must pay attention to other vehicles and keep their eyes on the road to avoid automobile accidents. The Institute recommends that texting and dialing a phone number should always be avoided. “Headset” cell phone use is not necessarily safer than “hand‐held” use because the distraction is created by other cell phone tasks that require your eyes to be off the road, like looking for phone numbers in your contact list or dialing. On the other hand, true hands‐free” phone use, such as voice activated systems, are less risky if the driver doesn’t have to take their eyes off the road. As a new generation of cell phone users who have grown up texting start to reach the driving age, texting while driving could become an epidemic causing more traffic accidents and deaths if the problem is not addressed. For more information about this study, see the Institute’s Press Release.


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