Orlando Car Accident Lawyer Blog

We have been taking a look at the causes of car accidents here in Orlando and elsewhere. Today we focus on the last and by far the overwhelming cause of car accidents. From our experience as Orlando car accident lawyers, the vast majority of car accidents are caused by driver behavior. Or, perhaps we should say “driver misbehavior.”

Over 40,000 Americans die in car crashes every year. According to the National Highway Traffic Safety Administration, someone is involved in an automobile accident every ten seconds. It is estimated that a person will die in a car crash every 12 minutes. Car accidents are the leading cause of death for Americans 35 years old and younger. These car accidents can occur when a driver becomes distracted. How do drivers become distracted? The list includes rubbernecking, cell phones, driver fatigue, passenger distractions, looking at scenery and adjusting the radio.

These car accidents can also involve deliberate, excessive speed. The saying that “speed kills” certainly applies to car accidents. The faster a car is traveling, the greater the risk of an accident. More speed means less time to react and stop. Of course, as the speed increases so do the forces experienced by the human body in a collision.

In our cases involving excessive speed and serious injury, we focus the jury on the defendant’s deliberate and calculated behavior. Speeding is no accident. When the defendant driver knows the risk of speeding, but ignores the danger, that is reckless and unacceptable behavior. As car accident lawyers we have seen that any speeding can be reckless and offensive.

Take for example a child crossing the street. If the speed limit is 30mph and the car is complying the driver can begin to brake at a distance of just 45 feet away from the child and safely stop. However, increase the car speed by just 5 mph above the speed limit and a terrifying result occurs. At 35 mph, with the child 45 feet away and the driver braking at the same point, the car will strike the child at 18 mph-an impact that will seriously injure or kill the child.

Finally, driver misbehavior also includes aggressive driving. Those drivers who tailgate, Frequent change lanes, fail to signal, fail to yield the right of way and who disregard traffic controls are a constant danger to others on our roadways. Sadly, many car accident cases are caused by these “road bullies.”

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In today’s post we continue our series on causes on car accidents in Orlando and elsewhere. The third cause of car accidents is that of poor roadway maintenance. Unfortunately maintenance schedules and procedures vary greatly from city to city and state to state, so nationwide standards don't exist. Yet, when a car accident occurs, lawyers should review the existence of maintenance issues.

Debris on the roadway can be a problem, and it is the responsibility of highway jurisdictions to remove unsafe debris. Faded road signs, and signs obscured by foliage, can contribute to accidents. Potholes can cause car accidents as well.

Roadway construction is a cause of car accidents. Failure by construction companies to properly barricade or notify travelers can prove disastrous. There have been cases involving drivers leaving the travel lanes and entering construction areas at high speeds, never realizing that they were entering an area under construction. This is especially true if a driver is traveling at night or has never traveled on a particular roadway before. Similarly, a driver can be surprised by inadequately marked or designed detours. Again, car accidents at night at detours with improper signage or inadequate merging lanes can create an unexpected hazard.

Our last post in this series will focus on the number one cause of car accidents: Driver behavior.

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Unfortunately, as Orlando car accident lawyers we see truck wrecks becoming too common on our roads. The result, in part, has caused the public to become more educated about the laws and regulations pertaining to tractor-trailers involved in truck accidents and the regulations that truck accident lawyers rely upon in assisting clients.

The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic. These are the regulations that truck accident lawyers consider depending upon the circumstances of a particular case. For example, if drugs or alcohol may be involved as a reason for your client’s car being struck by a tractor-trailer, then your truck accident lawyer will consider not only state law, but also 49 CFR 382: Controlled Substances and Alcohol Use and Testing.

The function of 49 CFR 382 is to establish programs within trucking companies designed to prevent accidents and injuries resulting from impairment due to the use of alcohol or drugs by drivers of commercial motor vehicles. This part applies to all who drive a commercial motor vehicle in the United States and their employers including any employer who employs himself as a driver. There are also specific requirements for drug testing and certain exceptions as well.
In addition, some truck accident cases may involve a driver who has been on the road for many hours or traveling at an excessive speed to perform his responsibilities for the trucking company. 49 CFR 395, Hours of Service of Drivers, regulates the hours and service that it permissible. Obviously, if a truck driver has been violating these requirements he and his company increase the risk of inattention, fatigue and accidents.

Other federal regulations to consider may include: 49 CFR 383: Commercial Driver's License Standards; 49 CFR 392: Driving of Commercial Motor Vehicles; 49 CFR 393: Parts and Accessories Necessary for Safe Operation; 49 CFR 396: Inspection, Repair, and Maintenance and 49 CFR 397: Transportation of Hazardous Materials. Certainly, federal regulations provide the “rules of the road” in these cases.

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In my last post I began on series on the four main categories of causes of car accidents. Today’s post explores the second of these categories-roadway design as a cause of car accidents. When we handle an Orlando car accident case, we do consider the issue of roadway design as a possible cause. Infrequently, roadway design does cause or contribute to car accidents.

In those situations we consider what engineers consider in the design of our highways and roads. Those include such things as the manner and design of intersections, merging lanes, bends, crests, school zones, and pedestrian crossings. It also refers to temporary hazards that may be on the roadway such as road construction, parked or disabled vehicles, accidents and traffic jams.

Roadway surfaces must be safe for the traffic and conditions expected. Roadway markings must let drivers know about their ability to pass safely, the location of the roadway in inclement weather using reflective cats-eyes & stakes, and where road surface ends and the shoulder begins. In addition, traffic control devices should be appropriate for the surrounding circumstances.

There should also be behavioral control devices that keep drivers safe from known hazards. For instance, where the road turns quickly or where danger lurks guard rails should be installed. Other such devices include crash barrels, speed bumps, pedestrian islands, raised medians, high curbing and concrete barriers.

The traffic flow should be reasonable for the particular location. Interstate highways remain the safest roads because their flow of traffic is in one direction. One-way streets ease traffic congestion in city centers as well. Rural two-lane roadways are statistically the most dangerous because of a high incidence of deadly head-on collisions and the difficulty impatient drivers face while overtaking slower vehicles.

Roadway identification signs enable someone without a detailed map to travel from one place to another safely. They give advance notice of intersections, destinations, hazards, route numbers, mileage estimates, street names, and points of interest.

Of course, this discussion should include reference to Florida’s sovereign immunity statute, Florida Statute §768.28. This statute and court interpretation limits liability on the part of the state for operational conduct as opposed to planning matters.

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The dictionary defines accident as "an unexpected and undesirable event, a mishap unforeseen and without apparent cause." From our experience as Orlando car accident lawyers, we believe most car accidents are not accidents at all. Usually, there is some totally preventable cause that is responsible for a car collision that simply put: did not need to happen.

Over the years, the causes of car accidents have included many variations of four large categories. In summary, most car accidents can be classified as being caused by either (1) equipment failure, (2) roadway design, (3) roadway maintenance and (4) driver behavior.
As we will see over this and the next several posts, these categories all have one thing in common. Everyone one of these causes are preventable and should never have happened. So, let’s look at the first one-equipment failure. Manufacturers are required by law to design and engineer cars that meet a minimum safety standard. Computers, combined with companies' extensive research and development, have produced safe vehicles that are easy and safe to drive.

The most cited types of equipment failure are loss of brakes, tire blowouts or tread separation, and steering/suspension failure. Combined totals for all reported equipment failure accounts for smallest amount of all motor vehicle accidents. As far as brakes, modern dual-circuit brake systems have made total brake failure an unlikely event. If one side of the circuit fails, the other side is usually sufficient to stop a vehicle. ABS or anti-lock brakes prevent the wheels from locking up during emergency braking maneuvers, allowing modern vehicles to avoid many accidents that previously would have occured. With respect to tires - today's radial tires are significantly safer than the bias-ply tires of 25 years ago. They still, however, need attention regularly. Underinflation, Uneven or worn-out tires are the next most serious problem and can also lead to tire failure. Uneven wear is caused by improperly balanced tires, or misaligned or broken suspensions. Lastly, steering & suspension - Your suspension keeps your tires in contact with the roadway in a stable and predictable manner. Your steering enables you to go around road obstacles and avoid potential accidents. Even a safe, well-trained driver is helpless in the event of a steering or suspension system failure. Such failures are catastrophic, especially at high speeds.

With regular component inspections by trained individuals, equipment failures can be virtually eliminated. If equipment failure really caused a collision or injury to others, it usually can be identified as a problem that should have and could have been addressed.

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As Orlando car accident lawyers we have found it appropriate to focus our client’s car accident case, not on our client, but on the egregious circumstances involved in the tragedy. By doing so, the defense can not concentrate on its typical “watering down” of damages. To the contrary, the defense is forced to deal with and explain the careless or reckless conduct of the defendant. In car accident cases involving commercial trucks such an approach provides an opportunity for a jury to consider just how important it may be to render a significant verdict against the truck driver and trucking company.

When you begin your investigation of the car accident involving a commercial truck, do not simply determing who was at fault and what liability insurance is available. Rather, determine why the accident occurred. You can only do this if you are familiar with the federal regulations that govern commercial trucking. Using those regulations, you should consider violations that may have made your client’s tragedy more likely to occur.

For example, if you are asked to represent a family struck by a tractor-trailer that traveled in the break-down and ran into the rear of your client’s car, it is not enough to demonstate that the failure to keep the truck in his own travel lane caused the collision. That does not explain the “why.” You must prove deeper and determine from the trucking company that the allotted time given to their drivers, does not reasonably allow for their truck drivers to either travel within the speed limit or to take the necessary breaks. Both of these circumstances will help focus on the totally preventable nature of the tragedy.

In so doing, you will keep the focus where it should be-on the truck driver who knew he was wrong and the trucking company who created the environment to encourage violations of federal trucking regulations. The benefits include keeping the defense from seriously contending your client was comparatively negligent, potential punitive damages and a significant verdict by a jury unimpressed with the defendants’ conduct.

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Representing Orlando car accident victims involving trucks and tractor-trailers, we find that basic discovery may include inquiry into the inspection of the truck or tractor-trailer before the trip that ended in tragedy for our client. As with other litigation, focusing on basic requirements may lead to beneficial evidence.

For example, in the trucking industry if a trucking company or its truck driver consider it important to inspect the truck and tractor-trailer before making any long-distance haul then whether and how that truck driver conducted his of her inspection may be a value to any case involving a car –truck accident.

According to industry experts a careful inspection of a tractor-trailer performed by its driver is the hallmark of safety and professionalism in the commercial driving industry, and it is integral for drivers to complete an accurate and efficient inspection every time they anticipate a journey in order to become familiar with an inspection routine to a degree that it can be performed instinctually. If each time a rig is inspected it is done in an identical fashion the driver will be less likely to omit a key element of the process during a future inspection.

It has been expressed that an appropriate inspection would begin with the front of truck. A driver should be able to discuss all that was inspected and a readily identifiable method so that he can be certain not to omit anything of importance in the inspection of the tractor or trailer. looking for any signs of damage including the lights and reflectors on the top of the tractor, the side mirrors, the spot mirrors, the windshield, and the lights and reflectors on the bottom of the tractor. The driver should then look beneath the tractor to make sure no puddles of liquid are present that might indicate a leak in an engine component. From there the engine should be inspected, the suspension system, and brakes.

The driver should then continue around the sides of the tractor checking the lights and reflectors on the top and bottom of the left side of the tractor and also the window, the side mirror, the door, the side door box, and the fuel tank. Without taking you through the remainder of the inspection, you can easily see that a detailed examination of the truck driver in your car-truck accident case may prove quite fruitful. Only if a truck driver has systematically conducted these inspections can he or she be certain to properly perform it every time.

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In car accidents cases involving carelessness by a truck driver, especially a long-distance truck driver, your client may benefit from modern technology used by many trucking companies today. Global Positioning Systems (GPS) and Electronic Control Modules(ECM) provide a great deal of information that previously was unavailable. More and more frequently you will find that trucks are being linked to their company headquarters via satellites and receivers as part of a GPS. This allows drivers to be tracked by their employers. In addition, any important communication can be sent and received within seconds, including weather reports, directions, and other beneficial information.

In addition, like those “black boxes” that are key to airplane crash investigations, ECM provides useful information regarding a truck’s operation before the crash. In trucks, depending on the particular vehicle, these devices can provide information regarding the stop-and-go driving throttle position seconds before impact, state of driver's seatbelt switch, departure and arrival times, vehicle stop time, road miles and cruise control time. It may also reveal the number of unnecessarily long stops, the number of time exhaust rises above a safe temperature, engine warm-up and engine cool-down times, idling times, vehicle speed seconds prior to impact, engine speed seconds before impact, brake use just before impact and fan clutch use.

Considering that approximately 18,000 tow-away crashes occur every day, technology allowing vehicle safety researchers to collect accurate and detailed crash data can not only determine who was at fault in an accident, but also help to engineer reconstructions of truck accidents-this often lends insight to a crash that other engineering methods don't. For example, crash data from heavy trucks can provide a record of driver behavior and vehicle speed for nearly 2 minutes and provide a clear picture of pre-crash events. Obviously, plaintiff’s discovery in these cases may benefit from all that modern technology has made available to the trucking industry.

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In car accident cases, the defense may raise a medical claiming that the driver suffered a black out or seizure or some other malady that should forgive the negligence of striking our client. Of course, whether a medical condition did occur or whether there was adequate warning to cause the driver to take proper precautions, including not to drive are proper considerations. The purpose of this post is to address questions raised about the frequency of verifiable epileptic seizures as the cause of car accidents.

From my research and experience, the risk of epilepsy causing car accidents are quite small. A study performed a few years back in the journal Neurology, demonstrate that in the U.S., 86 drivers per year died as a result of crashes caused by seizures from 1995-1997. Overall, about 44,000 U.S. drivers per year were killed in accidents during the same period.

A team of researchers the neurology department at Johns Hopkins analyzed data compiled from crash victims' death certificates. While people with seizures had 2.3 times the rate of fatal driver crashes as people with cardiovascular disease or high blood pressure and 4.6 times the rate for patients with diabetes, most deadly wrecks had nothing to do with any of those health problems.

Instead, that study found that alcohol was the biggest problem, accounting for 31% of fatal driver crashes and claiming more than 13,400 lives per year, on average. "The total number of deaths due to alcohol-related fatal crashes is 6.6 times greater than the number of fatal crashes associated with medical conditions and 156 times greater [than] those associated with seizures," say the researchers.

In addition, states regulate driving by those with epilepsy. This may include requiring an epileptic to be free of seizures for three to 12 months before driving or setting other restrictions. Certainly, this study supports allowing those individuals whose seizures are controlled to drive.

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In representing car accident victims that were injured by commercial trucks we find it helpful to educate folks about car-truck accidents. Perhaps, you or your clients will benefit from these common questions and answers that arise in truck litigation:

“What is a commercial truck?”
A commercial truck is a vehicle used in the course of business and/or for the transport of commercial goods, including eighteen-wheeler tractor trailers, tanker trucks, delivery trucks, and other large freight trucks.

What are the common causes of truck accidents?
There are many contributing factors to reasons why a truck accident occurs in the first place. These accidents are usually caused by a combination of a truck’s unique characteristics and performance capabilities (limits associated with acceleration, braking, and visibility) and car drivers' ignorance of these characteristics. However, some other causes of trucking accidents include: lack of training on the part of the truck driver; overloaded trucks; oversized trucks; ill-maintained brakes on the trucks; driving in conditions of poor visibility; Fatigued, sleepy or tired driver driving too long and too many hours without rest; speeding or driving at speeds beyond the road or weather conditions; running off the road; failure to yield the right of way; truck drivers under the influence of drugs and alcohol while driving; reckless truck driver with a long record of truck accidents; unsafe safety systems, reflectors, lights and other warning devices; and, failure to have installed an underride protection underguard.

Are trucking companies regulated by the Federal Government?
Yes. The Federal Motor Carrier Safety Administration establishes rules and regulations which govern commercial motor vehicles and the companies who operate these vehicles. Their stated purpose is to attempt to make the interstate highways safer.

Who can be sued in a truck accident case?
Any person or entity that was at fault for causing the accident can be sued. This can include the truck driver and the trucking company, the owner of the trailer, the shipper, as well as any other driver, person or entity who in anyway contributed to the accident, such as the manufacturer of one of the vehicles involved in the accident, the manufacturer of a tire that contributed to the accident or the owner of any public or private property whose negligence contributed to the accident.

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Vehicle backover accidents occur when someone, without a driver’s knowledge or awareness, is positioned behind a vehicle as the driver is backing out of a driveway or other parking spot. Most victims of backovers are the elderly and children. To add to the tragedy of backover injuries and deaths, the driver is often a neighbor or relative. When a child is the victim, the driver may even be the child’s mother or father.

As Orlando car accident lawyers, we believe awareness and understanding of the problem are the first steps toward reducing the risk of backover deaths. Sadly, many drivers fail to realize that there is a large “blindspot” behind one’s car. The blind spot is the place behind your vehicle that you cannot see in the rear or side view mirrors — or even by craning your neck out the driver’s side window. The larger the vehicle, like an SUV or truck, the larger the blind spot.

Blind spots for shorter drivers tend to be significantly larger as well. In addition, the elevation of the driver’s seat, the shape of a vehicle’s windows and mirrors, and the slope of a driveway can affect the size of the blind spot behind a vehicle. Of course, the smaller stature of children can make them particularly difficult for a driver to see when backing up. So how do you protect a child from becoming a victim of backover?

Keeping your children out of harm’s way requires ongoing education, supervision, and vigilance. There simply is no single fail-safe solution. However, safety experts advise teaching children not to play around vehicles that parents should always assume children are present and carefully check the street, driveway, and area around your vehicle before backing out. Finally, look behind you as you back out S-L-O-W-L-Y with your windows rolled down to listen for children who may have dashed behind your vehicle suddenly — and be prepared to stop!

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Many car accidents occur during or after a rain storm. With wet roads cars take longer to stop and drivers can more easily lose control of their vehicles. This is especially true if you are driving a car or truck without adequate tire tread. In a move that could ultimately save up to 10,000 lives each year on U.S. roadways, the National Highway Traffic Safety Administration intends to implement plans to make new crash prevention technology standard equipment on every new passenger vehicle sold in America by 2012.

The NHTSA will require the Electronic Stability Control (ESC) on all new passenger vehicles. ESC uses automatic computer controlled braking to keep drivers from losing control on slippery roads or in emergency maneuvers, in many cases preventing deadly rollovers from occurring. Like airbags and seat belts, this technology will save thousands of lives.

ESC technology will put the brakes on crashes and help drivers keep control of their cars in critical situations. It will save lives, and give American drivers and passengers the peace of mind that comes from knowing their vehicles have some of the most technologically advanced safety equipment available. Certainly, this technology should be mandatory and every driver and passenger can benefit in the not too distant future.

The final rule will require all manufacturers to begin equipping passenger vehicles with ESC starting with model year 2009, and to have the feature available as standard equipment on all new passenger vehicles by the 2012 model year. The NHTSA estimates ESC will save between 5,300 and 9,600 lives annually and prevent between 168,000 and 238,000 injuries. The estimated average cost of ESC is approximately $111 per vehicle, for those vehicles that aleady have anti-lock brake systems.

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As parents and Orlando car accident lawyers, we completely agree with the nation’s top highway safety officer who called on manufacturers and retailers to help improve the use and safety of child car seats and the special anchors used to attach them to vehicles. This is especially valid in light of the evidence demonstrating that parents are often unsure of the best way to install these life-saving devices.

National Highway Traffic Safety Administrator Nicole R. Nason, has advocated that industry leaders and consumer advocates work to improve child car seat safety. Certainly, the facts demand such action. Every day, five of our children are killed and another 640 are injured on our roads. Car seats, booster seats and other restraints are a proven way to keep our children safe and an inexpensive investment in their future.

Unfortunately, child safety devices are not always used and when they are they may not be installed properly. A survey conducted by NHTSA found that many parents were unaware of either the existence or the importance of a new system of anchors built into newer vehicles, and specifically designed to hold and anchor car seats. Obviously, efforts are needed to increase the correct use of these so-called Lower Anchors and Tethers for Children (LATCH) systems, which come standard in vehicles made after 2002.

Having represented so many families in tragic car accidents, it is essential that our children receive the benefit of all reasonable safety measures. While accidents will happen, keeping our children in child safety seats that are properly installed will help avoid serious injury or death to our most precious little ones. Certainly, that is a worthy goal.

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I recently wrote a post for injury lawyers on the dangers of assuming the correctness of Florida accident reports. That post suggested that all injury lawyers consider the circumstances of the accident independent of who received the ticket. As mentioned, all too often innocent and seriously injured accident victims receive a ticket without having the opportunity to speak with the officer at the scene.

The reaction to that post and a recent incident involving one of our clients led me to expand on the injustice caused by erroneous citations and inaccurate Florida accident crash reports. While I do not handle criminal law cases, I can imagine the burden that a criminal defense lawyer feels when he or she knows that there has been a “rush to judgment” and their client would never have been charged had law enforcement properly performed their duties.

Similarly, when law enforcement erroneously cites an innocent accident victim it can have dramatic consequences. While the question of “who gets the ticket” is never presented at the personal injury trial, the ticket does often result in an unnecessary burden on the innocent accident victim. Take the case of our new client, for example, a long-time school bus driver with an impeccable driving record and adored by her children riders. According to multiple witnesses, her bus was struck by a driver running a red light. While injured she focused on keeping the many children on-board calm and reassuring them. She did absolutely nothing wrong. Yet, one month after this accident she receives a citation in the mail from an officer who never spoke to her, who did not see any vehicle before being moved off the roadway and who describes nothing to support his “speculation” that our client ran the red light.

Now, our client has to contest the citation and struggles to maintain her reputation as a safe and responsible school bus driver. How terrible to suffer injury and fear for the children entrusted to you and then be wrongfully charged with causing the accident. If law enforcement does not witness an accident, does not speak to all the drivers involved and can not demonstrate who is at fault from the physical evidence should anyone be cited? Hopefully, the answer will be as obvious to you as it is to me.

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Florida car accident victims and those of us who represent them should be keeping an eye on what is happening in Tallahassee. While most injury lawyers see the benefit of extending PIP protection to assist car accident victims, a recent House bill puts the interest of the auto insurance industry ahead of consumers. The House's auto insurance bill, which came out of the Rules and Calendar Council, which usually doesn't take up substantive legislation, plans to do away with PIP.

The House version would require drivers to buy at least $15,000 of medical payments coverage to cover care in hospitals, trauma centers and emergency rooms shortly after an accident occurs. However, it eliminates coverage for other treatments such as rehabilitative services and chiropractic doctors. The bill also contains a fee schedule under the guise of controlling the cost of medical care.

Is it fair to deny accident victims coverage for choosing to be promptly treated elsewhere rather than having to wait hours to be seen at the emergency department? Is it fair to deny accident victims coverage for on-going medical care and rehabilitation related to the accident? After all, how many serious accident victims are completely well after their brief hospital visit?

In stark contrast to this stands the Senate bill approved by the General Government Appropriations committee, which extends the no-fault law for another four years and provides additional funding to deal with insurance fraud. That of course or something similar is what would benefit real consumers. As we have seen handling car accidents over the years, most people would have little or no coverage for medical expenses after an accident if it was not for PIP.

It is disappointing to see those misleading commercials put out by the auto insurance industry telling Floridians to call Tallahassee and demand a change to the present system. Unfortunately, the powerful insurance companies continue to increase their profits while providing fewer benefits for their policy holders. Soon we will learn whether the powerful insurance lobby wins another victory in Tallahassee.

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