April 30, 2008

Car Accidents Due to Fatigue

Driver Fatigue is a major cause of car accidents. As Orlando car accident lawyers, we find that people fail to appreciate the very real danger of driving when exhausted. While everyone knows the dangers of drinking and driving, few individuals question the wisdom of driving when tired. Yet, the National Highway Traffic Safety Administration estimates up to 100,000 car accidents each year from driver fatigue, with an estimated 1,550 deaths and 71,000 people injured. Certainly, the difficulty in identifying fatigue as the source of car accidents, as opposed to alcohol-related car accidents, means these figures are underestimated.
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According to researchers, any individual who has experienced certain types of sleep disorders or previously experience erratic driving due to fatigue should take special precautions. A west coast sleep research center, reported on surveys of more than 10,000 drivers and found that individuals who had visited with a physician because of sleepiness or fatigue were at an increased risk for being involved in a car accident. Also, individuals who were once stopped by police for erratic driving while sleepy were also more likely to have a car accident.

Of course, most people will not have any additional risk factors. For most drivers, there must simply be a better overall awareness that driving tired may impair your faculties in ways that are similar to alcohol usage. We have seen too many car accidents that could have been prevented, if the drivers had not been on the road so late at night or for so many hours.

April 12, 2008

Orlando Car Accident Lawyers Consider Causes of Car Accidents-Driver Behavior

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.
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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.”