Orlando Car Accident Lawyer Blog

Alcohol-related crashes killed nearly 18,000 people on American highways last year. Just a few years ago, New Mexico had one of the most serious drunk driving problems in the United States, with more alcohol-related fatalities per capita than any other state. Since then, its legislators addressed the problem in part by requiring ignition interlocks for repeat "DWI" (driving while intoxicated) offenders. In essence it is a breath analyzer installed in the car that won't let the car be started if the driver has been drinking. The interlock requires the driver to pass a re-test at random intervals while driving, otherwise it will shut off the vehicle. It's meant to prevent people from taking a drink after they've started the car or from having a sober person start the car for someone who's been drinking.

Other states have similar laws, but in 2005, New Mexico became the first to require interlocks for first-time offenders. Many officials say they're beginning to see positive results from mandatory interlock sentencing for all DWIs. It appears that our Florida legislature should consider efforts to make our roadways safer by reducing the risk of car accidents caused by drunk drivers.

According to Richard Roth, president of Impact DWI statistics show that drunk driving crashes are down since New Mexico's interlock laws went into effect. And, he says requiring the offender to pay for their own interlock installation and maintenance also saves the state money.

The critics of this approach argue that the vast majority of the drunk drivers in fatal crashes in New Mexico and nationally have never been arrested for DWI, so even if you mandate ignition interlocks for all convicted drunk drivers, they wouldn't have them on the cars of people who've never been convicted. That leaves only a small percent who might be affected. These folks contend that a more effective and proven strategy is to revoke DWI offenders' drivers' licenses. Perhaps a combination of these approaches would work to reduce needless alcohol-related car accident fatalities in Florida. Certainly, we have seen too many innocent lives cut short not to try to make a positive impact.

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Reading the paper today I came across a story about a car accident involving an Orlando man who was driving at more than 100 mph on a suspended license overnight when his vehicle flipped over and struck a utility pole. Due to the high rate of speed that pole broke in half. In fact, it is reported that the impact also brought down an adjacent pole with connecting power lines.

According to law enforcement a 19 year old was driving his car with a couple of his buddies in Orlando on Lake Underhill Road. The teenage driver lost control of his car and swerved into a ditch, causing his car to flip end over end for about 200 feet before striking the utility pole and landing upside down. The young driver was trapped inside.

After the collision, the two passengers were miraculously able to escape from the upturned vehicle and ran for help. According to one of the young men, they tried to convince their friend to slow down. Unfortunately, those requests fell on deaf ears. The driver and one passenger were transported to Orlando Regional Medical Center. The third passenger was taken to Florida Hospital East.

This car accident raises the question: If everyone knows that speed can kill on our roadways, why would anyone risk going over 100 mph? Is it the lack of proper education or lack of supervision? As a father of four I certainly find it disconcerting that the only saving grace in this car accident is that it did not involve more victims or death.

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Recently, an Orlando car accident involving five children, all ejected onto Interstate 4, tragically emphasized the need to buckle-up. All of these children had been allowed to ride in a minivan without being restrained. When the minivan overturned these innocent lives were jeopardized.

Sadly, the driver had been previously cited for driving with a child who wasn't buckled up. In all, six Orlando residents were thrown from the Dodge Caravan after a blown tire caused the driver to lose control. The only person in the car accident who was not seriously injured was wearing a seat belt and remained safely in the vehicle.

This car accident occurred as Florida law enforcement officials are unveiling the "Click It or Ticket" campaign. Click It or Ticket is designed to educate the public about the importance of seat-belt use. About 70 percent of people killed in Florida car accidents are not wearing a seat belt according to law enforcement officials.

As Orlando car accident lawyers we have seen so many car accidents that involved horrible impacts, rollovers and significant damage to vehicles. Amazingly, with seat-belt usage and air bags, many car accident victims, avoid serious injury. For parents the lesson is simple: make sure your children are always wearing seat-belts. Not only are you protecting them now, but you are teaching them a valuable lesson. When they are older and driving, they will find it only natural to buckle-up every time. With so many car accidents, that lesson may save their lives.

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We find it encouraging that a jury awarded a Ft. Myers woman more than $180,000 in damages for injuries and losses she suffered as a result of a drunk driver. Equally significant, after hearing that the defendant driver who caused the car accident was a three-time convicted drunken driver, jurors added over $50,000 in punitive damages to punish him and to deter others from driving drunk.

This trial demonstrates the efforts of our civil jurors to do the right thing. It is reported that during last year’s trial, the defendant denied he was drunk, saying he had only one beer that morning. He testified he had passed out due to a medical condition. That jury rejected that position and found his story without merit. In this recent trial the defendant admitted that he was drunk, had passed out and didn’t remember the crash. As reflected in the verdict, the jury did not allow the defendant to escape unpunished.

As far as impact, during the punitive phase, the fact that the plaintiff could demonstrate that the defendant had three DUI convictions was significant. However, perhaps the jury was even more effected by the fact that the defendant had been ordered to attend drunk driving school more than once, did so , but apparently did not learn his lesson.

The three-man, three-woman jury deliberated nearly 4-1/2 hours Friday before awarding Ruch $18,626.71 for past medical bills; $30,000 for future medical bills; $6,440 in lost past wages; $75,000 for past pain and suffering; and $50,000 for future pain and suffering. This of course was in addition to the punitive damage award.

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Too many young drivers in Orlando and throughout Florida are involved in tragic car accidents. In 2005, 457 people ages 16 to 20 died on Florida highways, compared to 371 the year before, according to the National Highway Traffic Safety Administration. As Orlando car accident lawyers we must report that Florida’s licensing requirements received only a “fair” ranking from the Insurance Institute for Highway Safety this year.

Twenty-nine states ranked higher than Florida with a “good” rating while 10 others were listed below as marginal. It is apparent that tougher state laws establishing more restrictions when young drivers can get their license and limitations on who they ride with may help save lives on Florida’s roads.

The Insurance Institute who performed the ranking looked at when teens can get their learner's permit, how long teens must hold the permit, how many hours of practice driving is required and other restrictions such as on night driving or types of passengers.
The Institute found that the best state systems established 16 as the minimum age for a learner's permit; required drivers to have the permit for at least six months; required parents to certify 30 to 50 hours of supervised driving; and set an "intermediate" stage when motorists can drive with restrictions until they turned 18. Those rules restricted night driving starting at 9 or 10 p.m. and allowed no more than one teenage passenger in a vehicle.

Florida allows drivers to first get a permit at 15; requires drivers keep the learner's permit for 12 months and have 50 hours of supervised driving with 10 of those hours at night; and prohibits driving during certain hours for 16- and 17-year-old drivers. For example, 16-year-old drivers are prohibited from driving between the hours of 11 p.m. and 6 a.m. unless they are accompanied by a driver 21 or older or are on their way to work.There are no restrictions on the number of teenage passengers.

According to a study released last year from the Johns Hopkins Bloomberg School of Public Health in Baltimore states with stricter restrictions and a graduated licensing program that eases young drivers into learning how to handle dangerous road situations do show a decline in fatal crashes involving 16-year-olds. While important to consider the licensing scheme, it is also critical that parents must enforce existing laws and monitor their children's driving habits. This should include insisting that young drivers focus on driving and avoid distractions. If young drivers have friends in the car, use cell phones or iPods, the risk of accidents will only increase.

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