Orlando Car Accident Lawyer Blog

Photograph the cars involved in the accident, get the names of any witnesses and get yourself checked out by a competent medical doctor. As Orlando car accident lawyers we have seen too many people suffer AFTER a car accident because they failed to take these steps. Even worse is the situation where someone follows these steps, has an injury, but hires a lawyer who failed to properly represent their interests. In one case, our client lost more than two years patiently waiting for his prior lawyers to file a lawsuit on his behalf. Sadly, he hired lawyers who simply believe once the client signs the contract, you just “talk” to the insurance company and wait to see if they offer any money.

The truth is insurance companies know which lawyers try cases and which do not. Many Orlando lawyers who accept car and truck accident cases are NOT specialists. Only two percent of The Florida Bar is Board Certified as specialists in civil trial law, which includes car and truck accidents. As past Chair of The Florida Bar Civil Trial Certification Committee, anyone with a serious Orlando car accident case deserves an exceptionally qualified lawyer.

Unfortunately, too many people involved in Orlando car accidents turn to television or yellow page advertising when they need a lawyer. Yet, slick lawyer ads can be misleading. That is why I wrote the book, Seeking Justice: An Insider’s Guide for the Injured. While we limit the number of cases we accept, we can provide a free copy of this valuable book to anyone injured in car accidents. It provides a solid method for choosing the right lawyer; and, includes the questions everyone should ask before hiring a lawyer. Decent, honest people seeking to win their car accident case deserve a lawyer that is prepared to Go to War!

The Florida Bar has certified a small number of Orlando lawyers as specialists to handle car accident cases. Orlando car accident victims must BEWARE that many Orlando lawyers who advertise on television, in the yellow pages and on the internet have never been qualified as a specialist in car accident cases. Of course, the slick ads never point that out. As Orlando car accident lawyers, we believe people injured in Orlando car accidents deserve a "real lawyer," personal attention and superior results.

Many innocent Orlando car accident victims choose a lawyer who will NEVER try their case. Of course, these folks have no idea that they have hired such a lawyer. As Orlando car accident lawyers, we know that a major reason our clients have been treated fairly is that we GO TO WAR for our clients! When necessary WE GO TO TRIAL. Insurance companies know which lawyers try cases and which do not.

When we go to trial we have been blessed with record results. Can we represent everyone that asks us to help? Unfortunately, we can not. As we have shared with other lawyers, our secret is limiting the number of cases we handle so that we are always prepared to go to trial. But, if we can not assist a deserving Orlando car accident victim, we will them find another "real trial lawyer." We believe clients deserve the best lawyer and the best results possible. Nothing less.

As our clients understand, a legal claim is a difficult, stressful situation. By communicating regularly with our clients we keep them up-to-date on both the medical and legal aspects of their Orlando car accident case. Well-informed clients suffer less anxiety during the legal process and can better assist us.

If you need assistance after an Orlando car accident, do what many have already done: Order a free copy of the Florida Car Accident Book, Seeking Justice: An Insider's Guide for the Injured. If someone has been involved in an accident, it is a great place to start.

For those of you who didn’t realize it, texting while driving is not allowed in all fifty states. While Orlando drivers can text and drive anywhere in Florida, most folks would understand the risks involved. As Orlando car accident attorneys, we carefully consider the use of cell phones and texting in all our car accident cases. Many jurors would consider it careless for drivers to allow themselves to be distracted by reading or sending a text message. It makes sense, texting and driving is dangerous, indeed any task which takes your attention away from the road while driving is potentially dangerous.

According to the Insurance Information Institute motor related accidents are the leading cause of death amongst 15-20 year olds. It has been found that drivers under the age of 25 have a section of the brain which is still developing when it comes to measuring risk taking. Therefore recognizing potential hazards and acting accordingly is sometimes not physically possible, which is why graduated licensing is recommended for young drivers. Now, if you factor in the added distractions of texting, friends in the car and so on and so forth, your average teenager is at much greater risk than an adult for being directly responsible for an accident. California bans drivers under 18 from using cell phones, which is a sensible move. It doesn’t matter how good of a driver you think you are or how good you think you are at multi-tasking, driving with the cell puts you at a greater risk of having an accident.

We work to uncover the truth in our Orlando car accident cases and expose dangerous choices by those drivers who injury or kill innocent people. For more information on how to find an expert attorney after an Orlando car accident, you may order your free copy of my book, Seeking Justice: An Insider’s Guide for the Injured. It provides a wealth of information about the important issues involved in car accident cases; and, how to steer clear of those lawyers who should not be handling your important case.

Why do Orlando auto accidents often cause back and neck injury? What should Orlando auto accident attorneys do to understand the causes of continuing back and neck pain? As my partner, a medical doctor and attorney, Walter Ward, MD/JD, has taught both medical and legal professionals, ligament and muscle injury cause persistent pain and restricted motion.

At first glance many attorneys may dismiss Orlando auto accidents which do not involve a herniated disc or spinal cord involvement. To this group of attorneys, the lack of “objective” evidence makes the auto accident case too difficult to deal with. Unfortunately, the innocent driver or passenger suffering from neck or back injury needs an Orlando auto accident attorney who understands the very real nature of the pain and its cause.

In addition to Dr. Ward helping many Orlando auto accident clients understand both the medical and legal issues involved in their case; we also involve our staff nurse, Cindy Nixon, RN. As a critical care, registered nurse, Cindy manages the medical information, stays in close contact with our clients and assists with any health care questions along the way. Our clients find Cindy to be an invaluable resource.

Too many innocent people suffer an injury in Orlando and unknowingly settle for so much less. Yet, our clients have explained that people who are injured are not aware that there are law firms with an attorney who is also a medical doctor, a registered nurse on staff and a board certified civil trial lawyer. It is for that reason I wrote the book, Seeking Justice: An Insider’s Guide for the Injured. It helps protect innocent, decent people from falling into the hands of lawyers who have no business handling an important injury case. We continue to make a Free copy of this book available to anyone injured in Florida.

The Insurance Journal has reported that 25% of automobile accidents resulted in bodily injury claims in 2003. In a 2004 study from Trends In Auto Injury Claims it found continued increases in personal injury claims. Yet, records indicate that many people involved in automobile accidents, are embarrassed to seek medical attention because of what they've determine to be bumps and bruises, and they didn't seem serious enough or because the onset of the symptoms did not immediately occur.

Doctors advise that as soon as possible, after an accident, an initial evaluation at a local Emergency Room is positively recommended. The reason for that is: X-rays can be performed which will generally rule out broken bones or factures. In addition, muscle relaxants and anti-inflammatory medications can immediately be prescribed so as to address muscle strains and/or pulls.

If the onset of a serious injury is delayed, the failure to have a medical complaint recorded will affect your physical recovery. Back and neck injuries (like a herniated disc) are not always immediately determinable. They are often initially diagnosed as "Soft Tissue" injuries before an MRI or a CT Scan reveals a disc injury. Normal x-ray film - - cannot diagnose a disc injury.

While everyone wants to believe that there is no need to seek medical attention following a car accident, where the injury seems minor, the safest approach is to have a doctor perform a proper evaluation. Generally, that will provide the peace of mind you deserve. From a legal standpoint, the visit to your doctor or emergency department will document your complaints in the event, you do develop long-term difficulties.

Text messaging by drivers is legal even though research has found that it increases the chance of accidents. When people engage in multitasking, they lose the ability to monitor themselves while they are driving, according to a researcher at the University of Utah at Salt Lake City who has studied cell phone and motorist safety for seven years.

In a recent study of 19- to 24-year-olds in driving simulators, motorists who text message while driving are six times more likely to be distracted and have an accident. When a driver texts, driving patterns change. For example, the response time to brake is 23 percent slower — 1.077 seconds when texting and driving compared with 0.881 seconds when unencumbered.

The National Safety Council finds that text messaging is among the worst things a driver can do. Of course, any time you take your hands, eyes or brain off the wheel it's not good idea. However, with text messaging, you take all three off the wheel. In fact, the study found that drivers who are talking on a cell phone or texting while driving don't process the visual environment. They may not recognize whether they are seeing a red traffic light or the onset of a brake light.

Investigators of a recent accident in which five teenagers were killed said the phone owned by the 17-year-old driver was used to make a call and send and receive text messages in the three minutes before the crash. It isn't known whether the driver, Bailey Goodman, or a passenger was text messaging.

Only Connecticut, New Jersey, New York and Washington, D.C., have prohibited motorists from driving and talking on hand-held cell phones. California and Washington will ban cell phone use starting Jan 1. Also, AAA says 14 states restrict the use of cell phones by drivers younger than 18.

For most Orlando motorists, a commute on a weekday along I-4 to downtown means a lengthy crawl through slowing and stopped traffic. Occasionally, you may see a motorcycle riding between lanes. This practice, called “lane splitting” is legal in California and has become a way of life and a perk of owning two wheels instead of four.

Inasmuch as maneuvering between lanes of traffic can be dangerous, only the State of California considers lane splitting legal. Those on the West Coast, find many rationales for lane-splitting: Some motorcyclists do it to evade traffic or to conserve gas and lower emissions; others say they're helping to ease congestion or keeping their air-cooled bikes from overheating. But almost all lane-splitting bikers say that the strip between lanes is far more secure than the "sandwich zone" between bumpers. Bikers also said they can better anticipate accidents by lane-splitting.

According to the state Office of Traffic Safety, there were 397 motorcyclist injuries and fatalities out of 9,472 incidents in 2005 resulting from bikers making unsafe lane changes, passing improperly or following another vehicle too closely, all characteristics associated with lane-splitting. In Florida, we will need to consider whether car accidents and motorcycle accidents would be reduced by following the practices on the west coast.

Orlando attracts countless numbers of out of state visitors each year. While car accidents disrupt everyone’s lives, when out of state visitors suffer injury in an Orlando car accident the effects are compounded. As Orlando car accident lawyers representing out of state individuals and families, we understand the special challenges involved.

Often individuals are hospitalized in Orlando. Some car accident victims remain hospitalized for weeks before their healthcare providers allow them to travel home. During this time, family and loved ones must extend their stay, cancel vacation plans and lose time from work. Emotionally, it can be difficult to cope with these circumstances and the fact that the accident should never have happened.

Having a medical doctor and lawyer, Dr. Walter Ward, and a legal nurse consultant, Cindy Nixon, R. N. on staff, provides a great source of comfort for our clients to discuss their on-going medical care and progress. Dr. Ward and Nurse Cindy review the medical and hospital records and fully explore the severity and nature of the forces involved in the car collision.

When out of state individuals return home, there is usually a period of continued medical care and rehabilitation. Dr. Ward and Nurse Cindy provide expert assistance in monitoring the on-going medical care and ensure that all necessary out of state medical documentation is obtained. Of course, our medical and nursing expertise also permits us to work closely with local healthcare providers to properly present the injury and damages our clients have suffered.

We feel blessed that many Floridians have been helped by the Florida car accident book, Seeking Justice: An Insider's Guide for the Injured. When I wrote this book, I hoped it would help people involved in a car accident protect themselves from insurance company adjusters. I also wanted to provide a solid method for injured people to find the right lawyer. From the reviews we have received, it has done just that. For anyone injured in a Florida car accident, a Free copy of this book can be a great place to start.

After reading my book, people have shared that they had no idea that out of the 80,000 Florida lawyers- only 2 percent are certified as specialists in civil trial law, which includes car and truck accidents. Everyone should understand that car and truck accident cases have many complex issues that lawyers who do not specialize may not be aware of. Unfortunately, if a lawyer does not know the important issues involved in car and truck accident cases, it is the client who will suffer.

Many people have asked why we are giving away such a valuable book. Well, we believe that people deserve to be treated fairly. Over the past 20 years, we have seen too many decent, honest people taken advantage of after a car accident. This book gives injured people a fighting chance right from the start-Before it is too late.

Too often Orlando car accidents result in serious head trauma and brain injury. As Orlando car accident lawyers, we have seen significant brain injury occur without an individual’s head striking anything. In a car accident, the occupant’s head gets thrown forward and back, resulting in movement of the brain within the skull. As a result, the rapid acceleration/ deceleration of the brain causes diffuse axonal injury. That is, the brain’s movement within the skull causes a shearing or tearing of the brain's nerve cells.

In cases where air bags deploy there is further risk of brain injury. While air bags save lives, they can also cause or exacerbate a brain injury. The powerful explosion of the air bags can generate a significant blow to the face and head. While the head may not suffer any fracture, the explosive force can cause the same type of movement injury to the brain as it strikes the skull and tears nerves cells. Tragically, such brain injury can cause can cause significant neurological symptoms.

So, when a car accident involves the deployment of airbags striking the occupant's face and head, careful medical monitoring and evaluation is required. The injury and symptoms may manifest slowly as the effects of the brain trauma develop. Sadly, many individuals suffer permanent, cognitive impairment and other difficulties.

According to the National Safety Council, approximately one in eight drivers will be in an auto accident this year. Following are several suggestions to help prevent injury, save time and money and minimize the stress involved in a car crash.

You should stay calm. Avoid tendencies toward road rage and stay calm if you encounter another driver who is behaving irrationally. When these situations escalate, they can often lead to dangerous driving and crashes. In addition, you must always protect yourself. Be alert to traffic scams that seem like accidents, such as when Predatory criminals do this to get the driver to exit the car and then either rob the driver driving on a lightly traveled road, particularly at night, and being tapped from behind. or steal the car. If you are suspicious of the circumstances, stay in your vehicle and drive to a police station or heavily populated area for assistance.

Always Stop! If you are in an accident do not leave the scene until you have spoken with the other driver or the police. Take steps to prevent further accidents. If practical, move the car and all passengers safely to the side of the road, preferably to the right shoulder. If functioning, turn your emergency flashing lights on and, if available, set out a flare on the road for nighttime accidents.

Call the police from the scene or ask someone to call for you. It is usually best to have the police address any traffic infractions, assist with injuries and memorialize the occurrence for the record. Request medical assistance if needed. If you or others are bleeding, feel light-headed or are suffering any physical injury, always err on the side of calling for assistance. Unless trained in emergency medical assistance, do not attempt to move injured persons or perform medical procedures yourself.

Write down pertinent information such as the other driver's name, address, telephone number, licenses plate and driver's license number and the time of the accident. Note the names, addresses and phone numbers of any witnesses, the badge number of any police officers and where to obtain a copy of a police report and any other pertinent information about the scene, such as exact location, the issuance of any tickets by the police, and recollections about your vehicle's handling or mechanical functioning just prior to the accident.

In our car accident and injury cases, we have greatly benefited from the services of our staff, legal nurse consultants. Even though my partner, Walter Ward, is a medical doctor and a Florida lawyer, our staff legal nurse consultants have always added an important dimension to our accident and injury cases.
A certified legal nurse consultant is a registered nurse who is specially trained in the field of medical and legal consultation. They are experts on healthcare systems and how they work. They know when medical charts are incomplete; they understand how to interpret medical records, terminology and the subtleties of healthcare and rehabilitation issues many of our car accident and injury clients face.

Having been fortunate to work with excellent legal nurse consultants over the years, I would strongly recommend that any car accident lawyer who handles serious injury cases should consider employing their services. Despite one’s legal education and specializing in car accident and injury cases, a legal nurse consultant brings a unique perspective. In addition, our clients appreciate the personal attention they receive from our staff nurses.

In depositions, having a legal nurse consultant can be a significant advantage. Having worked together in advance of health car deponents, there is a combined focus on the critical issues. Obviously, not every law firm can economically afford to have a legal nurse consultant on staff. While car accident and injury lawyers can hire independent ones, I have never found that to provide as significant benefits to our clients.

Teenage drivers hit the road with little practical experience, often ill-prepared for situations they're likely to encounter behind the wheel. That's why a former Florida police officer created the Street Safe Teen Driving Program. The program includes classroom and hands-on components that allow participants to drive with an instructor. The course is patterned after the law enforcement Emergency Vehicle Operations Course and is intended to supplement standard driver's education classes offered in schools.

The Street Safe program will use five demonstration cars enhanced with decals to make them look like NASCAR racers. The cars will display the names of sponsors, the program and its Web site. Instruction will cover the dangers of alcohol consumption and driving, following too closely, sudden lane changes, safely stopping a vehicle and adjusting driving speed to conditions. Teen participants will be able to experience what it feels like to lose control of a car and will get to operate golf carts wearing "fatal vision" goggles, which simulate the vision of a person who has a blood alcohol content of 0.08 percent, the state standard for drunken driving.

Between 1995 and 2004, drivers between 15 and 17 years old were involved in 26,453 fatal crashes that killed 30,917 people nationwide, according to AAA.
Local law enforcement and judicial officials are vocal backers of the Street Safe program. Instructors will include police officers and firefighters. This program sure sounds great to a dad with three new drivers.

Volvo is leading the way to eliminate injury from car accidents by the year 2020. If all goes according to plan, its driver and passengers will escape even the most serious car crash without injury. And Volvo is far from the only player in what experts call the biggest revolution in the auto industry since the seatbelt.

With 1.2 million deaths and 50 million injuries caused by motor vehicle crashes each year, car makers, safety experts and designers want to make injury-proof cars. The Swedish carmaker, now owned by Ford, is the first to set a target date to eliminate car accident death and injury in its cars.

As recently as January, some 77 percent of U.S. consumers polled by Consumer Reports ranked Volvo as the safest car brand. According to Consumer Reports no other brand dominates a category the way safety is owned by Volvo. But other carmakers have learned safety sells and are putting out their own safe credentials. As Orlando car accident lawyers we think this can only improve car safety more quickly. That is a very good thing.

Prevention of needless injury and death from car accidents is an issue that deserves everyone’s attention. Taking the injury out of car accidents is one solid method to address occupant safety. The other is building car crash avoidance into new vehicles. We applaud these approaches by auto makers.

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.

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!

A parent’s nightmare- you allow your children to go to a school party thinking there will be proper adult supervision. Instead, alcohol was served and two teenagers are permitted to leave the party impaired. On their way home, the teen driver loses control and strikes a tree, splitting the car in two. The car accident kills one teen and leaves the other brain-damaged.

This tragedy led to both a civil trial and criminal charges against some of the participants. At the civil trial, which resulted in a verdict against the school and affiliated church, there were allegations that the school principal knew about the party beforehand and visited the home while it was going on. The evidence also included a party flier depicting a whiskey bottle which was distributed at school.

As Orlando car accident lawyers, it was even more disturbing that school provided all of its families with a written statement that it would notify police if it became aware of illegal activities by students. Certainly, parents had an expectation that this school would not knowingly allow alcohol to be served to minors at a school function. Yet investigators of this needless alcohol-related car accident found the remains of a car driven at perhaps 100 mph- with halves of the car coming to rest on opposite sides of the median. Indeed, the car accident was so bad that the medical examiner never determined who was driving.

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.

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.

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.”

Another alcohol related death in Orlando emphasizes the need to drive defensively. According to Orlando police department officials, in the early morning hours a BMW was racing another vehicle on I-4 when the BMW tried to avoid hitting a motorcyclist, lost control, and rolled over several times. The driver not only hit the motorcycle, but also caused 2 passengers to be ejected from the car-killing one of them.

As Orlando car accident lawyers, we have written before, that these tragedies will continue as long as motorists continue to drink and drive. In addition, the reports of car accidents caused by racing and other reckless driving appear to be on the increase. This points out the need to expect reckless behavior on the part of other drivers and to protect yourself and your family. This is especially true, as in this car accident, when you are driving late at night or in the early morning hours.

Finally, this tragedy also involved the failure to wear seat belts. Had the passengers simply taken a moment to buckle up, they may not have been ejected. Sadly, once a driver or passenger is thrown from a vehicle the risks of serious or fatal injury increase. With all the new and improved safety features we see on vehicles, it is so sad to read another report of passengers failing to buckle up.

As Orlando car accident lawyers, we continue to speak with people who tell us that they were injured in a car accident, but they were wrongfully given the ticket. They want to know if the fact that they were erroneously ticketed prevents them from trying to hold the other driver responsible for their injury. As we explain to these injury victims, in cases involving injury or death from a car accident Florida law does not permit evidence of the traffic ticket.

Why is that? There a number of reasons. Injury victims may be taken from the scene for medical treatment and do not have an opportunity to speak with the officer to explain how the car accident actually happened. There are times when the police officer preparing the report or deciding whether to issue the ticket is not the officer with all of the facts and relevant information. While law enforcement officers do their best, they are human and they can make mistakes. For these and other reasons, who received the traffic ticket is never presented at the trial of a car accident lawsuit.

In a recent Orlando car accident case, we again investigated the facts in an accident report and determined that our client never should have been ticketed. We proved that our client did not violate the other driver’s right of way. From our pre-trial work it became apparent that the other driver was in a turn lane when he, without warning, decided to continue through the intersection. However, our client, who had been taken to the hospital for his serious injury, never had an opportunity to speak with the officer before he was sent the ticket in the mail. Fortunately, our client received the justice he deserved. Indeed, once we demonstrated the true facts, the insurance company changed their evaluation, accepted responsibility for the other driver and resolved the case months before the scheduled trial date.

A frequent cause of pedestrian accidents on the highway is after a car breaks down or a car accident causes accident victims to leave their vehicles. During such times, most people forgot about their own safety since they are preoccupied. According to the National Highway Transportation Safety Administration more than 4,900 pedestrians are killed on our Highways each year.

Pedestrians alongside highways are usually invisible at night unless they are wearing something reflective. Getting out of a car, changing a tire, or even just standing on the shoulder beside a highway is extremely hazardous at night time. Oncoming autos and trucks can see the reflective lights on the parked vehicle, but cannot see the people standing or working beside the autos.

In response to this hazard companies have created safety apparel to keep in one’s car that can be used in these circumstances. One such item is called the VizVest to protect drivers and passengers when out on the highway. The benefit of such apparel is that when walking along the flow of traffic it allows people to be detected from much farther distances, especially at night, dawn or dusk. The increased distances translate to increased time for drivers to recognize a person, decide to respond and then make appropriate maneuvers to avoid collisions.

People with sleep apnea, an often undiagnosed breathing disorder, are three to five times more likely to be in a severe car crash involving injury, according to researchers in British Columbia. As Orlando car accident lawyers, we must always determine if another driver’s medical condition may have contributed to a car accident. This interesting study found that sufferers of sleep apnea, a condition where the airway collapses during sleep, were at double the risk of being in a car accident.

Importantly, the study also found that a lot of sleepiness-related crashes tend to be more severe. Typically, these car accidents involve a driver asleep at the wheel who hits a tree or crosses the median and hits another car head-on. Such car accidents often prove deadly.

Even if a driver does not fall asleep at the wheel, it has been shown that patients with sleep apnea or sleep deprivation have reduced motor function. It affects coordination, dis-tractability or vigilance. While car accidents will occur, they are more likely when a driver is operating his car at less than full capacity. In addition to alcohol, drugs or prescription medications, sleep apnea is a serious contributing factor in a number of car accidents. Sadly, it is believed that sleep apnea is a condition that is often undiagnosed or ignored.

Traveling on I-4 between Orlando and Tampa weather conditions sometimes permit dense fog to roll in so quickly that drivers can be at great risk for car accidents. Tragically, this became all too evident this past week when fog contributed to a series of crashes that killed four people and injured 38 others in central Florida. According to investigators trying to unravel what happened, extreme fog contributed to a 70-car pileup.

While highway patrol and state transportation officials blamed motorists for not slowing down as they entered the thick veil of fog and smoke from a nearby brush fire that got out of control, this condition developed very quickly. In fact, it would appear that the road should have been closed due to such conditions. Troopers have the authority to close a road when they think public safety is in jeopardy. They can set up flares and block the road with their cars if they think the roadway is too treacherous for travel. The highway patrol then calls the Transportation Department to erect signs.

While procedurally, nothing may have been done wrong, these hazardous conditions appear to have completely overwhelmed and surprised the drivers. The series of crashes halted traffic in both directions for a 14-mile stretch of interstate for nearly 36 hours as workers removed the wreckage and then repaved a 650-foot portion of the roadway ruined by the fires that burned after the crashes.

The Ford Motor Co. has recalled almost 11 million cars and trucks since 2005 because of a clear danger that the vehicles could erupt in flames without warning. Unfortunately, these recalls have not stopped Fords from bursting into flames according to continuing complaints from Ford owners. There are detailed stories of consumers watching in horror fires start under the hood of their Ford and spreading throughout the rest of their vehicle. Some have reported the Ford fires spreading to nearby car ports and other vehicles. Others have shared the shock of looking out of their homes to see their Ford with clouds of thick smoke billowing out from their vehicles.

What is so disturbing about all this is that the federal agency charged with the responsibility of protecting consumers from faulty automotive products, appears to be failing Ford owners. The National Highway Transportation Safety Administration in the massive recall of August 2006, stated that with the three recalls Ford announced, all of the models that Ford built ... that exhibit the factors that can cause the switch to fail resulting in a fire while the ignition is in the off position will be candidates for a free remedy. Yet these Ford fires continue.

As Orlando car accident lawyers we see too many faulty products contribute to serious injury and death. These Ford fires must be prevented. No one really knows how much property damage; catastrophic financial loss; and personal deaths and injuries have been caused by these fires. Consumers should remain vigilant.

Orlando car accident victims have contacted us over the years concerned that their car air bags failed to deploy. As we have shared, car air bag failures do occur. Recent studies have tragically found that injury and death from car accidents continue to result from air bag failures.

One recent study examined consumer complaints where those involved in car accidents said airbags failed to deploy and protect them. Sadly, most of the accidents were the type that drivers expect will cause their airbags to deploy: head-on collisions, rollovers, and broadside crashes. Few were minor fender-benders.

Many consumers suffered serious injury when their airbags failed to deploy. Others lost loved ones. Reportedly, these accidents and injury occurred in cars, trucks, minivans, and SUV's made by Ford, General Motors, DaimlerChrysler, Mitsubishi, Kia, Volkswagen, Nissan, and Honda. While car makers would like consumers to believe that it can not happen, some of thes reported air bag failures occurred in new vehicles.

Although it is true that air bags should not deploy for every type of accident, these kind of consumer complaints remind all of us that we must not take our families' safety for granted. Always wear your seat belt and shoulder harness and make sure all little ones are properly restrained in appropriate car seats as well.

Car Accidents occur most often due to a distracted driver. As Orlando car accident lawyers we find that one common distraction is cell phone use. In the past , efforts to prohibit cell phone use for drivers has gone nowhere in the legislature. However, a state lawmaker thinks a narrower restriction makes sense.

Representative John Legg wants to ban drivers under the age of 18 from using cell phones. He has filed a bill that would prohibit minors from talking on a cell phone when they are driving. He thinks this tailored legislation makes more sense because minors are the drivers who need to be completely focused on the road. He is not alone.

Seventeen states currently have laws restricting cell phone use for teenage drivers, according to the Insurance Institute for Highway Safety. Six states and the District of Columbia have banned all drivers from using handheld cell phones. Six more states allow local governments to ban drivers from using cell phones. Florida is one of eight states that prohibit local governments from issuing such a ban.

Whether our legislature moves forward with this bill to reduce car accidents is yet to be seen. Many will think this gives up to much freedom-and perhaps it does. Others may think it will not do much to reduce car accidents. However, no one can really dispute that most accidents occur when drivers are not focused on driving.

Ford Explorers involved in rollover car accidents have generated a number of product liability lawsuits against Ford Motor Company. In Florida, a significant verdict against Ford was recently reversed as a result of improper evidence at trial.

According to the 3rd District Court of Appeal a trial judge committed error by allowing testimony alluding to hundreds of Ford Explorer accidents without requiring the plaintiffs to establish similarities between those accidents and the fatal one that caused the death of the teenage driver. During the trial, witnesses reportedly testified that rollover accidents involving Ford Explorers caused hundreds of injuries and deaths, and that Ford could have prevented this young man’s death by quickening design changes it made to the Explorer after the accident. The appellate court obviously found the admission of such evidence harmful and determined that it denied the giant car manufacturer a fair trial.

It is unfortunate for the family of the deceased driver that no effort was made to qualify any of the other Ford Explorer car accidents as being similar and therefore relevant to the jury’s consideration of the issues before it. We should all remember that in the late 1990’s, hundreds of deaths involving rolling Ford Explorers and failing Bridgestone tires made national headlines and led to a $19 million recall campaign by both companies in 2000 and 2001. In this case the Explorer in which the teenager was riding flipped four times. The accident ejected him from the sports utility vehicle even though he was wearing his seatbelt.

Another central Florida family has been devastated by a car accident caused by a drunk driver. In a huge award, a jury awarded millions of dollars to a young boy who suffered severe brain injury and must live in an institution to obtain the needed level of care.

The 4 years old was innocently riding in his family's car when it hit by a pickup truck driven by a drunk driver. The car accident and impact caused pieces of the little boy’s skull to be pushed into his brain, damaging his frontal lobes according to treating doctors. As a result, the child requires round-the-clock care for the rest of his life as a result of this needless car accident.

Before trial the drunk driver had pleaded guilty to DUI involving serious bodily injury and was sentenced to five years in state prison to be followed by 10 years probation. Of course, when the drunk driver who caused this car accident completes his punishment, this child will still be suffering and unable to lead a normal life. His mother described the emotional outbursts and violent behavior that plagues her son. There will never be an end to this victim’s life sentence.

The credibility of the car accident lawyer and the car accident victim may be the most important aspect of any car accident trial. This appears to be the case in the recent trial against Allstate Insurance Company.

Under siege by trial lawyers who say it drags out insurance claims, Allstate won a major legal victory after a Kentucky jury unanimously found it was not responsible for a two-year delay in settling a woman's car accident claim.

A Kentucky woman and her lawyer claimed she was the victim of a systematic scheme by Allstate to bully car accident victims into accepting lowball offers for their pain and suffering. They demanded $1.425 BILLION from the jury because, they claimed it was the only way of ending a corporate culture of greed.

But confronted with such an approach, the jury thought it was Allstate that was the victim. According to juror comments, they thought the figure was outrageous. That alone seemed to leave little hope for the plaintiff’s claims. But evidence that the plaintiff was trying to hide injuries and medical problems that pre-dated the car accident also contributed to the outcome.

In closing argument, Allstate’s attorney was able to accuse the plaintiff’s case as being built upon lies, distortion and greed. Allstate argued that the plaintiff and her previous attorney, tried to conceal a previous injury and two pre-existing conditions: a form of arthritis and an abnormal curve in her spine. Allstate blamed the plaintiff for any delay by being untruthful with the company.

This case illustrates the importance of truthfully and fully dealing with the facts. Many clients have had prior injuries or medical conditions that healed well before an accident. Those unfortunate folks must again deal with injury and rehabilitation-oftentimes, the new injury has so aggravated a pre-existing condition that the result may be prolonged difficulties or worse. The point to remember is to simply be honest and never overreach.

Orlando car accidents are often caused by drunk drivers. At times, we find that younger drivers were unlawfully served alcohol at local bars and clubs due to a failure to properly check identification. When that negligence causes an underage drinker to become a danger on our roadways, the bar or club can be liable for harm that results.

Recently, a strip club was been ordered by a jury to pay more than $3 million in damages to the family of a 20-year-old man who died in a vehicle crash after being served alcohol at the club. The jury found that the strip club bore responsibility for the car accident that lead to the young man’s death because it had served him alcohol even though he was underage.

The plaintiffs in the case brought the lawsuit in part to prevent something similar from happening to others. The family of the young man believed it was time to make a stand and make a difference. Certainly, as Orlando car accident lawyers we echo that sentiment. Bars, clubs and lounges should accept their responsibility to check the ages of those they intend to serve alcohol.

In this case the young man was allegedly served alcohol even though he was visibly intoxicated and under 21, with no one trying to determine his age. Such conduct should be deterred. Whenever anyone drinks and drives it presents a danger to all those innocently traveling on our roadways. We do not need bars, lounges and clubs unlawfully serving underage and visibly intoxicated persons.

Orlando car accident lawyers will be busy counseling clients about the effects of the new bill reinstating Florida's no-fault auto insurance system. In essence, the new law will not take full effect until January 1, 2008. That means that there will be a three-month lapse in requiring motorists to carry personal injury protection coverage. During this period, lawmakers have shared their view that Florida’s no-fault law will continue to apply only when all drivers in an accident have PIP coverage. Of course, this will likely be subject of court interpretation.

For now, several in Tallahassee are urging people to contact their insurance companies or agents to make sure they have enough coverage. Obviously, every one should carry adequate insurance to protect themselves and their families. At the very least, for those without health insurance, it is worthwhile to carry or keep PIP coverage, even if it is not required until Jan. 1. Motorists would be wise to also carry "bodily injury" coverage, which protects them if they get sued for causing an accident; as well as, "uninsured motorist" coverage that helps pay their bills and damages if another driver causes an accident and doesn't have insurance.

Certainly, the legislature should have acted timely if it was to continue Florida’s no fault laws. Due to their delay, consumers involved in car accidents will face a changing legal landscape.

In a victory for car accident victims, a Florida federal judge as held that the "Graves Amendment" is unconstitutional. The 2005 federal law abolished vicarious liability of long-term automobile lessors based solely on ownership. Thus, states such as Florida that hold the owners of cars vicariously liable for the negligence of people they permit to drive their cars, saw their state statutes or common law superseded by federal legislation. Sadly, this significant measure which deprives car accident victims of recourse was slipped into a 900 page bill during a House-Senate conference, and had never been the subject of floor discussion or debate.

But U.S. District Court Judge Michael Moore, from the Southern District of Florida, ruled that the federal government had no authority to get involved in the states right to regulate tort liability of rental car companies. In Vanguard vs. Huchon, Judge Moore found that the law violates the Commerce Clause. The court accepted the view of lawyers for the Center for Constitutional Litigation who represented the car accident victim. In a statement the CCL explained that “Congress did not even try to regulate commerce. It told the states what their tort law had to be, whether it affected interstate commerce or not. The Constitution does not give Congress that power."

The legislation has been a source of concern for all car accident lawyers and car accident victims that they represent. Not only does it eliminate valid state law in Florida and elsewhere, but it protects those companies profiting from rental car business from liability caused by its renters. Certainly, Florida like a number of other states has the right to determine that owners of cars who loan them to others should be financially responsible for harm that is needlessly inflicted on innocent people. Certainly, when this decision and others are appealed we hope that state rights and the rights of car accident victims continue to prevail.

Alcohol is a major factor in traffic accidents. As Orlando car accident lawyers we see too many needless tragedies. According to the NHTSA, there is an alcohol-related traffic fatality every 29 minutes. More than half of the 414 passengers ages 14 and younger who died in alcohol-related crashes during 2006 were riding with a drinking driver, according to the National Highway Traffic Safety Administration (NHTSA).Each year, alcohol-related crashes in the United States cost about $51 billion, the organization said.

In 2006, 17,941 people died in alcohol-related accidents, the highest level since 1992. More than 41 percent of all crash fatalities in 2006 were because of drunk drivers, according to NHTSA. The FBI estimates that more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (DUI) in 2004, the most recent year for which data is available.

The definition of a drunk driver is consistent throughout the United States. Every state (including the District of Columbia) defines impairment as driving with a blood alcohol content at or above 0.08 percent. All states have zero tolerance laws prohibiting drivers under the age of 21 from drinking and driving. Drinking drivers age 21 to 34 are responsible for more alcohol-related fatal crashes than any other age group, NHTSA said. They also are more likely to become repeat offender, and less likely to change their drinking and driving behavior.

Obviously much more needs to be done to make our roadways safe from those who drink and drive. Whether it is tougher laws or better enforcement too many innocent victims and their families suffer each year.

As Orlando car accident lawyers we wish to share an unfortunate set of circumstances involving one car accident victim. Richard Paey was involved in a car accident in 1985 and began a long and difficult course of medical and surgical treatment. After a period of time many doctors refused to assist him with his intractable pain from the injury and disability he suffered in the car accident.

More than 20 years later, Mr. Paey finds himself seeking clemency from Governor Christ. Tragically, this 48-year-old father of three is serving a 25-year-mandatory sentence for illegally acquiring pain pills to ease his chronic pain from the car accident and the numerous failed surgeries.

As reported, Mr. Paey was arrested in 1997 after he bought 1,200 painkillers with fake prescriptions provided by a New Jersey doctor. According to his wife, Linda Paey, most Florida doctors were unwilling to take her husband as a patient when they learned how extensive his injuries were from a 1985 accident that damaged his spine. He felt he had no other means to deal with his pain from the car accident and underlying conditions.

Following his conviction, under Florida's mandatory sentencing law, Paey was given a 25-year sentence in 2004. Florida law also requires prisoners to serve at least a third of their sentence before being eligible to seek clemency. Paey is currently three-and-a-half years into his term of imprisonment. He is wheelchair bound, unable to walk because his feet are twisted and his hands shake as a result of multiple sclerosis.

A toddler was killed Sunday morning when her father backed over her in front of the family's home. Investigators said the 18-month-old child wandered outside her home and behind the Chevrolet Suburban driven by her father.

Law enforcement officers found that the driver did not realize the child was behind the vehicle and struck his daughter, pulling her beneath the sport utility vehicle. The child was the youngest of eight children, and was pronounced dead at the local children's hospital.

More than 2,400 children are treated each year for injuries suffered when they are struck by a vehicle driving in reverse, according to the Centers for Disease Control and Prevention. Two children are killed each week in these incidents, according to the nonprofit organization Kids and Cars, and most of these victims are between 12 and 23 months old. The majority of incidents involve a truck, van or SUV driven by a parent or other close relative.

To help avoid a tragic mistake it is suggested that a driver always walk around and behind a vehicle prior to moving it; and that parents and caregivers know where their kids are. We have written on this very subject before and agree with a neighbor’s comment that a parent running over a child would be anyone’s worst nightmare. Sadly, these needless deaths continue to occur.

A Central Florida family was awarded nearly $45 million for wrongful death and personal injury caused by a car accident in Lakeland. Two little girls died after the pickup in which they were riding was struck by a large truck. The mother of one of the girls was driving the pickup and was seriously injured in the accident. More tragically, she was pregnant at the time and lost her unborn baby.

In the aftermath of this horrible accident, law enforcement officers found fault with the driver of the large truck. Apparently, the commercial sized truck had made a left turn in front of the pickup. Investigation also revealed that the children on-board were not wearing seatbelts.

Under these circumstances, Progressive Auto Insurance, the insurer of the commercial truck decided to take the case to trial. Rather than settle the claim when given the opportunity to do so, Progressive found it appropriate to let a jury decide this matter. Of course, we know that Progressive Insurance’s decision has obviously placed the financial security of its insured in great peril.

This case illustrates how Florida drivers are dependent on car insurance companies to properly protect them when they are involved in an accident. Florida law requires a car insurance company to settle cases whenever it can and should be done to prevent a verdict in excess of the insured’s insurance policy limits. However, that does not always happen. This case illustrates that an insurance company may choose to gamble with the financial well-being of its insured.

A jury has ordered the Ford Motor Company to pay $6 million to a South Florida man who was paralyzed in an accident in a Ford Aerostar van. In 2002, the teenager was traveling on a family vacation. His mother was driving the 1993 van when a tire blew out, the van rolled over and the roof caved in. The teenage passenger suffered a broken neck which left him paralyzed.

The claims against Ford involved familiar issues in these product liability actions. According to the lawsuit, Ford knew there was a propensity for vans and trucks to roll over, especially after a tire blew out, and the company failed to provide adequate engineering and safety measures to protect consumers. Again, we see profits taking priority over people. At least until the matter comes before a citizen jury.

In this case, after a six-week trial, the six-person jury found that Ford failed to use reasonable care by placing the Aerostar Van on the market with a defect. The substantial verdict reflects the lifetime of economic and non-economic damages this young man will suffer.

To no one’s surprise Ford Motor has vowed to appeal. Indeed, most significant verdicts find their way into our appellate courts. In this case, Ford denies that the jury was presented with any evidence of a vehicle defect. Fortunately, the public is becoming more and more aware of a car maker’s duty to consider safe designs and to eliminate unnecessary, foreseeable hazards.

As a car accident lawyer, I have seen too many accidents involving the failure to simply follow traffic signals-especially running red lights. So, I agree with a recent editorial, that “it is disappointing that a majority of Orange County commissioners voted for a hand-slap instead of a paddle Tuesday by not approving using cameras to fine red-light runners.”

Commissioners feared a legal challenge because the state has failed to pass a law specifically allowing cameras to be used for such citations. But three commissioners, Linda Stewart, Teresa Jacobs and Bill Segal courageously voted for the fines.
Indeed, Apopka, Orlando, Pembroke Pines and Gulf Breeze all have recognized that this can deter car accidents. All have approved using the cameras to issue citations to vehicles running red lights.

At least, Mayor Rich Crotty and the commission moved forward to install cameras at two intersections, with red-light runners getting warning letters. They also vowed that a top priority for next year's legislative session is a law allowing the cameras to be used for citations, rather than simply issuing useless and ineffective warnings.

Again, I agree that warnings are better than nothing. The mere presence of such cameras may have a deterring effect. At one Orlando intersection where cameras were installed to count red-light running, crashes went from 39 to 20. But without a doubt that pales in comparison to locations that issue citations from the cameras. For example, the editorial also notes that in Ventura, Calif., crashes were reduced by 80 percent at 17 intersections after cameras were used to assess fines.

While driving to tour colleges with our children, my wife picked up a dvd to entertain the backseat travelers. It was the Best of Candid Camera. Hopefully, many of you will remember that classic show that set spoofs of all kind. One of the funniest may have been the drive-through banking episode. A celebrity would drive their car through the bank wall into the main lobby, claiming to have followed the signs for “drive through service.”

Recently, a Wrecker service made a large withdrawal from the Lafayette Bank & Trust, after two residents took the advertised "24-hour ATM" a bit too literally when they drove up to the machine late Sunday night. The ATM, however, was a walk-up kiosk, and drive-thru service to the bank was most definitely closed - that is until the duo's car crashed through a window and into the bank at 11:14 p.m. According to the Sheriff's Office, a 19 driver was attempting to take a corner when he accelerated - over accelerated. The teenager then lost control of his Pontiac Firebird after it fishtailed, jumping the curb and entering the bank through a large front window.

Of course, law enforcement found this car accident caused by an intoxicated driver. Fortunately, no one was hurt. Excessive speed and driving under the influence is no laughing matter.

Car accidents are too often caused by drunk drivers. In many states, if the driver consumed alcohol at a bar when the establishment should have known that its patron was becoming intoxicated or was habitually intoxicated, the bar may be held liable for the car accident. These cases, often referred to as Dram Shop Act claims, can result in large awards due to the public’s awareness of the dangers of allowing drunk drivers on our roadways.

A recent case involved the payment of $20 million to settle a claim brought on behalf of a bar that was hit with a $75 million verdict in a Dram Shop Act suit after the insurer refused to settle the case for the bar’s policy limit of $1 million. The insurer’s failure to do the right thing and settle the case provides yet another example of insurance companies efforts to increase profit at the expense of both the injured car accident victim and their own insured.

According to court papers, the driver had pleaded guilty to a drunken driving charge in connection with the accident, but testified in the civil trial that his guilty plea was motivated by a desire to avoid jail time, and that he was not drunk at the time of the accident. Although his blood-alcohol level was high at the time of his arrest, the driver testified that before the accident he had consumed just one-and-a-half bottles of beer at a local bar and that he had several drinks after the accident before police tracked him down.

Of course, the jurors had no difficulty disbelieving the testimony of the drunk driver and assessed a significant award to the seriously injured victim. Indeed, the evidence revealed that the plaintiff was working as a flagman on a road-paving project. The driver was so impaired that he failed to see the stopped traffic, struck the plaintiff at high speed and then fled the scene. Certainly, this case demonstrates both horrible conduct on the part of the driver and the insurance company for gambling with the interests of its insured.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

As Orlando injury lawyers handling car accidents, we certainly endorse the use of seat belts. Buckling up has saved more lives than anyone can accurately calculate. Seat belt use also decreases the risk of serious injury and the related health care costs. Unfortunately, many Florida drivers for whatever reason ignore the importance of wearing a safety belt. Consequently, the Florida legislature is considering a bill that would make failing to wear a seat belt a primary offense.

As it stands in Florida, police can not issue a ticket for an unbelted driver 18 or older unless that person is stopped for another infraction. The primary seat belt law being proposed gives law enforcement the authority to stop and ticket motorists for not wearing a seat belt. Such legislation raises several important issues.

Does a buckling-up requirement fall within the reasonable scope of the government's public safety role, like laws against abusing illegal drugs? Would the law increase the risk of racial profiling by giving police a reason to pull over African-American males. Studies show that African-American males have the lowest use of seat belts, along with occupants of light trucks. Of course, there is the practical consideration of police priorities. Do we want our already over-burdened law enforcement officers focusing on compliance with a seat belt law.

According to The National Highway Transportation Safety Administration nearly 2,000 lives a year could be saved and 50,000 injuries could be prevented if every state adopted a primary seat-belt law. Besides health care savings from reduced injuries, states may receive large federal financial benefits. States that can get 85 percent of their motorists to wear seat belts can get about $35 million from the federal government in traffic-safety incentives.

But states must not just pass the laws. They must enforce the laws that, by themselves, make some but not all buckle up. The New Jersey's governor is a high profile example. Governor John Corzine wasn't wearing a belt when his trooper-driven vehicle crashed, nearly killing him earlier this month. Whether Florida passes a primary seat belt law and whether it will have the desired effects is yet to be seen.

As Orlando car accident lawyers we have represented Florida families involved in devastating car accidents throughout Florida. Recently, I wrote about a tragic Orlando car accident that appears to involve street racing by a PGA Tour professional. Now, we report on another Orlando car accident that involves racing on our Orlando roadways.

According to eyewitnesses, a modified, super-charged Nissan was racing when it flipped over and killed the Orlando driver. The Florida Highway Patrol described the driver as both speeding and driving recklessly on the ramp from the 408 to the Greenway. For several hours, that ramp was closed while evidence was gathered. Troopers carefully measured every inch of roadway and examined every piece of debris, trying to find out why a 43-year-old Orlando man's car was involved in a deadly car accident shortly after six o'clock this morning.

The evidence revealed that the car hit the guardrail at a high rate of speed, rolled over, and the Orlando driver was ejected and killed. According to the Florida Highway Patrol the man wasn't on the road alone. Witnesses said they saw two other cars, in addition to the victim's car, zooming past at well over 100 miles per hour. The three were apparently weaving in and out of traffic and being reckless. Troopers are now looking for the other drivers involved.

Investigators said the victim's Nissan was modified for speed, with special tires and a customized undercarriage. However, it lacked proper registration and a tag. The Florida Highway Patrol cautioned that these road racers on our public streets and highways put everyone’s life at risk. While this tragedy appears limited to one of the participants, we have found too often, completely innocent drivers to be impacted by such disregard for public safety.

Handling Orlando car accidents we have been contacted by many car accident victims who have been denied representation because "they received the ticket." Oftentimes we suggest these callers send us the police report only to find serious questions about the validity of the citation. Whenever the investigating officer obtains only one version of the accident without considering the physical evidence it is easy to form the wrong conclusion. Usually this occurs when the injured party is unable to communicate. Often, these car accident victims have been transported by ambulance for emergency medical care, leaving only the offending driver to tell the officer "what happened."

Having many law enforcement officers in my family as well as personally working for the Legal Advisor to the Boston Police Commissioner, I have the greatest respect and admiration for law enforcement. Officers are trained to determine from all available sources of information how an accident occurred and to cite the party at fault for the accident. However, not being professional engineers nor accident reconsructionists, it is understandable that the most commonly relied on evidence of who was at fault for the car accident is the information from the drivers involved.

Although the fact that a driver received a traffic citation is inadmissible at the civil trial for personal injury, the significance is that Orlando car accident lawyers should not be mislead into believing that the ticketed individual is always at fault. It is important to look beyond who received the ticket before denying someone representation. It is simply too easy for busy personal injury lawyers to assume that if a driver received the ticket that that person was actually at fault.

To be sure, a majority of the time the ticketed individual turns out to be the liable party and we do decline representation. However, we suggest that injury or wrongful death cases involving Orlando car accidents and car accidents throughout Florida deserve meaningful consideration by lawyers handling these injury cases.

As Orlando car accident lawyers most of our clients have never sued anyone. Before the car accident which brought them to our Orlando office, they were going about their own business, working hard and caring for their family. Suddenly, the car accident throws them into a situation that they didn’t create and they need help. Unfortunately, the other driver who caused this Orlando car accident may not have insurance.

It is difficult for many to imagine, but when you have a serious injury, you may be out of work, unable to pay your bills and your medical expenses may be piling up. All the while you have family that is depending on you. This heavy burden is what most of our Orlando car accident clients carry when they ask for our help. Of course, we must determine what avenues of recovery are available.

Sadly, our Orlando car accident investigations increasingly lead to the discovery that the careless driver or the drunk driver has little or no car insurance to cover our clients' serious injury or wrongful death . Car accidents are more punishing when caused by uninsured and underinsured drivers who recklessly travel our Central Florida roads and highways. Yet, Florida's insurance and traffic laws allow these very circumstances to occur.

In fact, these tragedies involving uninsured and underinsured drivers occur so frequently that our legislators are trying to do something about it. This year the Florida legislature is considering changing the law to require more adequate car insurance to protect innocent people who suffer injury or wrongful death in car accidents in Orlando and elsewhere in Florida. These proposals would require at $25,000 of automobile liability insurance to pay for another person’s medical bills and damages. While this would be a good start, it is still important for people to buy uninsured motorist insurance. This insurance will pay for your medical bills and damages if the other driver who caused the car accident does not have enough liability insurance to pay for all your damages in the accident.

An Orlando car accident involved a fatality, a professional golfer and allegations of street racing. As Orlando car accident lawyers, we find this incident troubling and further evidence of a growing problem of street racing by older drivers. Personal injury and wrongful death resulting from careless driving will happen, but intentional street racing causing serious injury and death should never occur.

In this case, professional golfer Arjun S. Atwal was seen speeding on Orange County Road 535 with another vehicle driven by an Orlando businessman who was killed in what authorities said was an apparent street race between the two men. Witnesses told investigators from the Florida Highway Patrol that the cars appeared to be racing at speeds greater than 100 mph. John Park lost control of his 2006 Mercedes-Benz coupe on a turn and hit a tree, and Atwal's 2006 BMW sedan spun out. Troopers reported that the Orlando car accident turned fatal when Park's Mercedes-Benz basically disintegrated after hitting the tree. He never stood a chance of survival. Atwal was not hurt.

By itself, engaging in a street race is a misdemeanor. But if a race turns deadly, a driver can face serious criminal charges. Jerrod Abbott of Umatilla went to prison on vehicular-homicide charges in one of Central Florida's most notorious street-racing car accidents. He was released this year. Abbott was racing Dwight Samples, whose car accidentally slammed into a car his mother was driving, killing her and her friend.

According to law enforcement street racing has become a high-profile problem. Sadly, you would not expect this kind of activity on public roads. Certainly, you would not expect a PGA Tour player and a mature Orlando businessman to be participating. While the facts of this fatal Orlando car accident are still to be determined, we do know that street racing does happen. We must all remain alert to avoid serious injury or death.

The Central Florida family of a teenager killed last summer in a motorcycle crash is trying to prevent underage drinking. By suing the motorcycle driver and the couple who hosted a "going-off-to-college" party before the wreck, the family may help protect injuries to others. For certain, this personal injury lawsuit is fueling efforts by local lawmakers and the advocacy group Mothers Against Drunk Driving to create stiffer penalties for those who host house parties that include underage drinking. This case involves the death of 19-year-old Jaclyn Bien, of Bradenton, and left driver Ricky Lee Rowell, 20, in critical condition. According to information, before the crash, Rowell was drinking at a house party in the area. Rowell's blood alcohol level was above the legal .08 limit to drive in Florida, according to Florida Highway Patrol. The parents of Jaclyn Bien filed the suit against Rowell and the Librizzis in Manatee County Florida. According to the complaint, the Librizzis "willfully furnished or negligently made alcoholic beverages available to decedent, Jaclyn Bien, and to many other persons" including Ricky Rowell. It further alleged that the Librizzis hosted the party and knew all the party's guests were not old enough to drink. Unfortunately this is another example of underage drinking taking the innocent lives of so many of our children and young adults. Perhaps lawsuits like this will bring more needed attention to this growing problem in our community. For its part, MADD is working with legislators to create steeper punishments for those who provide alcohol to minors at parties. Currently, serving alcohol to minors at an open house party in Florida constitutes a second-degree misdemeanor. That means a person convicted of the crime can spend no more than 60 days in jail. That may change, in part, due to this tragedy.

In our Florida car accident cases, we routinely inquire about cell phone use during client interviews and discovery. As personal injury lawyers, we have seen first hand evidence to support those studies which have shown that distracted drivers, especially those who talk on cell phones, pose a hazard. According to one study talking motorists are four times as likely to be involved in accidents.

In that study, sponsored by the National Highway Traffic Safety Administration, cameras and sensors were placed in 100 vehicles that were tracked for about a year. In that time, more than three-quarters of the 69 crashes and two-thirds of the 761 near-misses involved driver distraction, usually involving a cell phone conversation. A University of Kansas study found that drivers engaged in a conversation are less likely to respond to visual cues because too much of the processing power of their brain is already in use for them to adequately focus on the road. Because of this, the study said, hands-free devices do not lower the risk of crashes.

As a father of three teenage drivers that concerns me a lot. While we can prohibit our children from driving and using their cell phones, we cannot control every other driver out there. That's alarming today when you consider that the number of cell phone subscribers has risen to more than 230 million according to the Cellular Telecommunications & Internet Association. And according to a recent Nationwide Mutual Insurance Co. survey, at least 73 percent use them while in the car.

These statistics have generated action by several local governments. Four states and the District of Columbia have passed laws criminalizing the use of hand-held cell phones while driving; several others have passed restrictions on young drivers' cell-phone use while behind the wheel. More than 40 countries have enacted outright bans. In Florida there is presently no such regulations to address this growing concern for the safety of the traveling public.