Item: Flaxman Law Group
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Author: Clara Barman

New Study Could Help Give Some Insight As to What Causes Car Accidents

Published on: October 8, 2013 | By Flaxman Law Group

According to statistics, in 2012 the number of car accident fatalities across the country increased by five percent and while experts know that more than 90% of car accidents are caused by driver behaviors and driver mistakes, it has been hard for researchers to determine exactly what happens to cause car accidents.

Now technology is being used to get some answers. As part of a huge new study, more than 31 000 volunteer motorists’ cars have been equipped with GPS systems, cameras, radar, accelerometers, and other technology to monitor speed, acceleration, and just about everything else. Virginia Tech researchers will sift through all the data – which they expect will include about 700 crashes – to determine what causes accidents and near-misses.

While the new study is very useful and will likely provide some great insight into ways that we can prevent car accidents, researchers and experts agree that there are already a few known causes of car accidents that drivers can address in order to reduce their risk of a car collision:

1) Distraction. Distraction is one of the leading causes of car accident and has received a lot of press in recent years. Nevertheless, many people continue to drive distracted and continue to cause car and truck collisions in Hollywood and other communities. Any time that your eyes leave the road, your hands leave the wheel, or your mind leaves the driving process, you are distracted. You may be distracted by your passengers, the scenery around you, or a mobile device, but it does not change the fact that you are at risk of pedestrian accident or another serious collisions. When you get into a vehicle, your sole focus should be on driving safely.

2) Inebriation. Drunk driving accidents in Hollywood and other communities unfortunately continue to be an issue, despite the fact that all drivers understand the risks of drinking and driving. In addition to driving drunk, however, drivers also run a risk when they drive under the influence of drugs, prescription medication, or over-the-counter medication that can cause drowsiness, dizziness, loss of coordination, and loss of mental focus. Whenever you take a substance that can affect your driving ability, it is important to find a safer route home. If you are taking medication – whether it is over-the-counter, herbal, or prescribed — it is important to speak with your doctor and your pharmacist to ensure that you can drive safely while taking the substance.

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Should Senders of Text Messages Be Held Liable for Car Accidents in Hollywood and Other Cities?

Published on: September 10, 2013 | By Flaxman Law Group

Who is responsible for a car accident in Hollywood that is caused by a text message? Is it the driver who chances looking at the message when their eyes should be on the road? Is it legislators who have not made texting and driving illegal in Florida? Is it the maker of the mobile device?

According to New Jersey, the person sending the text may be held at least partly at fault in these types of cases. State appeals court judges in that state have determined that senders of text messages can be held responsible for an accident if they know they are sending a text to someone who is driving.

The ruling came about as a result of a 2009 accident in which two teens were texting when one of them crashed his truck into a couple on a motorcycle. The couple sued the two teens and the courts agreed that the teen sending the texts was also at fault since she knew the other teen was driving his truck. The court decided that sending a text message is like waving a paper in front of a driver’s face: a clear distraction.

Indeed, studies – including one from the University of Michigan – have determined that answering texts is a habit and many people do not even realize that they are reading or responding to a text until after the action is completed. The researchers concluded that some people feel compulsion to check and reply to texts in real time.

Others have decried the ruling, arguing that the responsibility for safe driving remains with the driver. After all, drivers can prevent car and truck accidents in Hollywood and other communities by turning off their mobile devices or simply putting them out of reach. Motorists can also help prevent traffic accidents in Hollywood and other communities by simply refusing to respond to messages or texts or by using hands-free devices (although some studies have suggested that hands-free devices can be just as distracting).

Who is responsible when a text leads to a fatal car or truck accident in Hollywood or another Florida city? There is likely to be a lot more debate about the issue. In New Jersey at least, the latest ruling may mean that victims who have suffered serious injury can pursue multiple liable parties, which may increase their chances of getting fair compensation for their injuries.

What do you think? Who is responsible for distracted driving?

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Research Sheds More Light on the Link Between Distracted Driving and Car Accidents in Homestead and other Cities

Published on: August 22, 2013 | By Flaxman Law Group

A controversial new study from Carnegie Mellon University and the London School of Economics claims that increased use of cellphones does not lead to more traffic accidents. The study’s lead authors, Saurabh Bhargava and Vikram S. Pathania, examined cell phone and accident data from 2002 to 2005. During those years, cell phone carriers offered free calls in the evenings and calls increased 7% after 9 pm to take advantage of the deal.

Examining the data on car accidents during these hours, the researchers found no statistical link between increased calls and increased accidents.
In addition, the researchers examined statistics about cell phone use over the past 20 years. They found that while cell phone use has increased during that time frame, accident rates have actually dropped. Further, the authors examined crash data from states enacting cell phone bans. They found no difference in accident rates before and after the bans. The research was published in the American Economic Journal: Economic Policy.

Does the research prove that cell phones have nothing to do with car accidents in Homestead and other cities? Are legislators not helping things by trying to pass a texting ban in Florida to prevent truck collisions in Homestead and other cities? Maybe not. According to experts, there are several possible issues with the study:

1) The authors looked at overall cell phone use, some of which could have been attributed to passengers. There is no way to tell whether the people using cell phones during a specific time in the evening were driving, sitting in a car, or were driving.

2) The authors looked at cell phone calls. Mobile devices have been found in other studies to be linked to traffic accidents in Homestead and other cities because people use the devices to text, surf the internet, and engage in other activities that are more dangerous than talking.

3) Passing texting laws does not ensuring enforcement. The study’s authors claimed that states with texting bans had no difference in car accident rates. However, just because a state has bans this does not mean that drivers are obeying them. In addition, some studies have suggested that hands-free devices are just as risky as hand-held devices, so having drivers switch from one to the other might not have an effect on accident rates.

4) Cars are getting safer all the time. Accident rates may not be going down or up in relation to cell phone use because other factors are at play. For example, more drivers may be driving distracted (and getting into accidents because of that) but there may be fewer accidents related to brake problems if break systems are improving.

5) There is a strong focus on enforcement for dangerous driving behaviors. Authorities are cracking down on drunk driving in Homestead and other cities and traffic cameras are pushing drivers to avoid other riskier behaviors. Improved enforcement may be cutting down on some accident risks, but that does not mean that cell phone use in cars is safe.

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Back-Seat Drivers May be Contributing to Crashes in Homestead and Other South Florida Communities

Published on: July 30, 2013 | By Flaxman Law Group

A 2011 study completed by esure car insurance found that back-seat drivers contribute to 14% of car collisions and near-misses. While back-seat drivers are usually considered simply an annoyance, the study found that comments and criticisms of the driving can lead a motorist to become distracted and to take their eyes off the road. Men are more likely to take their eyes off the road if they have a back-seat driver, but young drivers seem more affected by the distraction of passengers and are more at risk of an accident, according to the study authors.

There are several ways to prevent back-seat drivers from causing a car collision in Homestead or your community:

1) If there is a back-seat driver in your life, speak with them about their habit. According to the esure car insurance study, spouses are most likely to be culprits when it comes to back-seat driving. If you have a passenger who frequently comments on your driving or tries to give “helpful” advice, sit down with that person and discuss how the criticism and comments make you feel. Tell the person about the risks of back-seat driving and encourage them to refrain from commenting.

2) Limit the number of passengers in your teen’s car. Studies have shown that the risk of a teen being involved in a traffic accident in Homestead or another community increases with the number of teen passengers in the car. Limit the number of friends your teen can drive or ask your teen to drive only with adult passengers in the car until driving skills improve.

3) Give passengers something productive to do. Back-seat drivers are less likely to make comments and suggestions if they have something helpful to do. Get passengers to make phone calls, check the map, change the music, or take care of other similar things. That way, they are less likely to talk and they will help you with distracting tasks that keep your focus on the road. Your risk of being in a car or truck accident in Homestead or your community will be less and your passengers will feel that they are helping.

4) Be extra cautious when driving with multiple passengers. If you carpool or are going on a road trip with your family, there is more likely to be multiple passengers and multiple distractions. Plan ahead and institute rules that ensure your distractions will be kept to a minimum.
5) Stay calm and keep your eyes and focus on the road – even when faced with unruly passengers. When faced with a back-seat driver, try explaining your need to concentrate and your need for quiet. Try to maintain your focus and tune them out. Avoid looking away from the road to confront them.

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The Same Things That Cause Car Collisions in Hollywood and Other Communities Can Also Cause Pedestrian Accidents

Published on: July 27, 2013 | By Flaxman Law Group

Many motorists are aware that driving whole fatigued, distracted, or inebriated can easily lead to a car crash in Hollywood or another community. However, many people seem to take these types of risks when walking or bicycling, which according to some experts has led to an increase in some types of bicycle and pedestrian accidents. Whether you are in a car, riding a bicycle, or walking, you need to be aware of:

1) Drinking. If you have had too much to drink and want to avoid a drunk driving accident in Hollywood or your community, you may think that walking home is a safer option. However, walking home after drinking can easily lead to serious injuries, falls, and even traffic accidents. You may not have the coordination to get home safely and may not have the wherewithal to check for traffic before crossing the street. If you have consumed a lot of alcohol, you may lose consciousness before you reach home or you may wander into traffic without realizing it. If you have been drinking, avoid bicycling or walking home. Instead, take a cab or go home with a trusted friend.

2) Fatigue. Fatigue is linked to about 13% of truck accidents across the country. However, fatigue can also affect your ability to walk home or bicycle safely. When you are tired, you may not have the response times and motor skills to walk or bike safely. You may miss important safety cues or may more easily trip and fall.

3) Distraction. According to researchers led by Jack Nasar at Ohio State University, cell-phone related pedestrian injuries have more than doubled in the US since 2005. Since 2010 alone, about 1500 people have been admitted to US emergency rooms because they have been struck by a car while walking and using a mobile device. In addition to mobile devices, pedestrians and bikers can easily be distracted by daydreaming, music, or other distractions. Any of these can lead to a pedestrian or bicycle accident in Hollywood or your community. Some studies have suggested that listening to music can be especially risky when bicycling or walking, since it keeps you distracted and can also keep you from noticing important audio cues around you – such as the sounds of cars.

Whenever you walk or bicycle, it is best to think like a motorist. Place your focus on getting to your destinations safely, especially if you are walking at night or along a busy road. If you would like a more relaxed biking or walking environment, consider a local gym or a park path which will protect you from cars.

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Hands-Free Devices May not Help You Avoid a Car Accident in Hollywood or Your Florida Community

Published on: July 18, 2013 | By Flaxman Law Group

A new study from the University of Utah has concluded that hands-free devices may be much more dangerous for drivers than previously thought. Researchers involved in the study had adults use a hands-free device while “driving” using a simulator. The study found that driver reaction time decreased while eye movements, brainwaves, and mental work increased. Drivers using the hands-free devices were also more likely than non-distracted drivers to overlook traffic signs, pedestrians, and other important visual cues.

According to researchers, the problem is that hands-free devices still distract drivers mentally, which increases their risk of an accident. Despite this, all states permit hands-free devices and many car manufacturers and mobile device manufacturers tout hands-free technology as the safer option. Studies such as this most recent research suggest that drivers who want to avoid a car accident related to mobile devices in Hollywood or any other community must put away all distractions – even distractions that allow both hands to remain on the wheel.

The University of Utah study confirms what many safety experts have been saying: that car accidents in Hollywood and other communities are caused by distracted driving. The study also confirms the definition of distraction that many safety experts use. Many claim that any activity that takes the driver’s hands off the wheel, the driver’s eyes off the road, or the driver’s mind off driving is a potentially fatal distraction.

Each year, car and truck crashes in Hollywood and other communities are caused by distracted drivers, and often by drivers who are trying to do more than one thing at a time. Hands-free devices allow the driver to keep their eyes on the road and allow the driver to keep their hands on the wheel but still distract a driver mentally, which still permits the driver to miss important information, such as a pedestrian crossing the street.

In addition to hands-free devices, a wide range of distractions are possible for motorists, including:

•Road work
•Rubbernecking to see other accidents
•Arguing with passengers or speaking with passengers
•Daydreaming
•Changing music or making adjustments to the car
•Looking after a pet or child in the car
•Eating or drinking in the car
•Applying makeup or grooming
Most safety experts agree that more needs to be done to make drivers aware of distractions. It is imperative that drivers avoid all types of distraction and stay as focused as possible in order to avoid traffic accidents in Hollywood and other communities.

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Keeping Fido and You Safe: Driving with Pets and Avoiding Car Accidents in Pompano Beach or Your Community

Published on: July 10, 2013 | By Flaxman Law Group

If you are headed to your Florida summer home or for a road trip this summer, you may be planning to bring your pet along with you. No matter what type of pet you have, though, you need to take a few precautions to keep both of you safe on the road. Pets are a major distraction for drivers and can inadvertently be the cause of catastrophic car collisions in Pompano Beach and other communities. Incorrectly securing a pet on a road trip can also lead to distress and injury for the animal. If you want to travel safely with your pet, be sure to follow these tips:

1) Buy dog safety seats, car kennels, dog harnesses or travel crates to keep your pet restrained when you travel. Most experts agree that the pet should be in the back seat and there should be a barrier between the back seat and the front seat. This is not only safer for the driver, but also for the pet. It can help prevent a traffic collision in Pompano Beach or your community and ensures that if you are in an accident, your pet is less likely to be injured.

2) Get your pet used to small road trips. When you take the pet to the vet or on another short drive, use the crate or restraint and offer plenty of treats and attention after the trip is done. Short trips allow you to see how your pet handles travel. If your pet seems distress, you may wish to speak with your vet about medication for your cat or dog. A distressed or vocalizing pet on a longer trip can be a source of distraction and frustrating. If you are checking on your pet rather than focusing on the road, you may end up being involved in a car or truck crash in Pompano Beach or your community.

3) Plan for longer trips. Keep medication, water, toys, and treats on hand to distract your pet during rest stops. You may need to plan for more frequent rest stops, too, to make your pet comfortable. Before you travel, visit your vet. Make sure your pet is up-to-date with vaccinations for your travel destination and get advice about medication your pet may need for travel.

4) Use extra caution when you arrive at your destination. If you are on a longer trip, your pet may be disoriented and anxious. During the trip and immediately after the trip, avoid having unfamiliar people interact too closely with your pet without your close supervision. Even if your pet is very well-behaved, animal and dog bites in Pompano Beach and other communities often happen when an animal is distressed. Allow your pet to adjust to your destination gradually.

Pets are a valued passenger in your car, and a little extra care can keep both you and your pet safe.

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New Study Suggests Distracted Driving in Florida and Across the Country May be More Pervasive Than Once Thought

Published on: May 21, 2013 | By Flaxman Law Group

With Florida poised to potentially pass legislation which would allow police to charge drivers for texting behind the wheel, there is renewed interest in the issue of distracted driving. While motorists and experts agree that distracted driving is major issue leading to car collisions in Fort Lauderdale and other cities, however, there is some disagreement about how distracted driving can be defined. The media tends to focus on mobile devices and while these distractions can certainly be a danger on the roads and lead to many traffic accidents in Fort Lauderdale and other cities, most experts agree that distracted driving is a much bigger problem.

A recent study from Erie Insurance confirms this. The insurance companies reviewed data from the Insurance Institute for Highway Safety and concluded that one in ten traffic collisions across the country are caused by distracted driving. According to the study, the most common causes of distraction were:

•Daydreaming or loss of focus (associated with 63% of fatal distraction-related car accidents between 2010 and 2011)
•Cell phone use (12%)
•Outside distraction (7%)
•Passengers (5%)
•Drinking or eating while driving (2%)
•Adjusting car controls or devices (2%)
•Moving items inside the car (1%)
•Smoking (1%)

The problem with these types of distractions is that it is impossible to pass legislation to target these types of behaviors. It is impossible to tell, for example, if a driver is daydreaming or simply not focused on the road – even though this appears to be the biggest danger behind the wheel. While a texting ban may help prevent some truck accidents in Fort Lauderdale and other cities, there is no legal way to address all the possible types of distractions that can lead to collisions.

Instead, it is up to motorists to take the steps necessary to prevent accidents caused by distraction. According to Erie Insurance and other experts, there are a number of things that drivers can do to avoid being in (or causing) a distracted-driving collision:

•Pull over to make phone calls or use mobile devices
•Keep your mobile devices turned off while you drive
•Do not drive when you are having trouble focusing or when you are fatigued
•Provide a good role model for your children by driving responsibly
•Never drink or eat while driving – pull over and eat in your car if you go through a drive-through
•Adjust your mirrors, radio, and other controls before you start to drive
•Secure pets in a cage or kennel while driving – this makes the drive safer for you and your pets
•Keep your windows rolled up on warm days to prevent debris and insects from flying in your car
•Wear sunglasses when driving on sunny days
•Keep the interior of your car tidy

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Companies Claim Apps Could Help Young Drivers Avoid Car Accidents in Pembroke Pines and Other Communities

Published on: May 9, 2013 | By Flaxman Law Group

Teen drivers may be more at risk when it comes to car collisions in Pembroke Pines and other communities, according to researchers. The culprit, according to many experts, is that young drivers have less driving experience than older drivers and may not yet have honed the skills necessary to avoid traffic collisions in Pembroke Pines or their communities. This may be one reason why teen drivers have higher accident rates.

There are many ways that experts claim parents can help their teen drivers stay safer while they develop their driving skills:

• Get extra lessons for teens with driving instructors
• Limit teen driver’s driving privileges and only gradually add privileges as the teen develops their driving skills
• Set firm rules about no cell phone use, no passengers, and no additional distractions that can lead to road accidents
The University of North Carolina has an additional idea. The university has developed an app, Time to Drive, for teen users. The iPhone app allows teens and parents to set goals in order to gain specific driving experience and driving skills. Teens and parents can track progress as young drivers gain experience with bad weather, interstate driving, nigh driving, and other skills. The app is not intended to be used when driving; drivers open it after driving to log experience and the app works in the background as someone drives. According to senior research associate Arthur Goodwin, Time to Drive encourages teens to get driving experience in a range of situations.

There are other apps and devices on the market aimed at teen drivers, too. A free distracted-driving app for teen drivers is available from Esurance and Cellcontrol. The app prevents drivers from getting or sending texts while the car is in motion. OrigoSafe is a device that prevents a driver from starting their car until their phones are docked. The system is an ignition interlock system and does not require a monthly cost.

DriveCam is similar to a nanny cam and allows parents to keep an eye – literally – on their teen drivers. The camera sends out alerts if a teen drives beyond a certain area or swerves or speeds. The cam service is offered by Sprint. Sprint also offers a pay-per-month Sprint Drive First service. This service disables a driver’s ability to text when their car is moving more than 10 mph.

Do these devices and apps help to prevent car and pedestrian accidents in Pembroke Pines and other communities? In some cases, it may be useful for drivers to get a reminder to turn their cell phones off when driving. In the end, however, it may be more useful for teens to learn to turn their own cell phones off behind the wheel. For parents, these apps and devices, however, can help provide some peace of mind and can be another tool in helping to prevent distracted driving.

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Stationary Car Accidents and Injuries in Key Biscayne and Other Communities

Published on: March 22, 2013 | By Flaxman Law Group

Most car and truck accidents in Key Biscayne and other South Florida communities occur between two vehicles. Even single-vehicle traffic accidents in Key Biscayne and other communities are more common than stationary car accidents. However, just because a vehicle is not moving, it does not mean that injuries cannot occur. Each year, thousands of people suffer serious injuries in non-moving vehicles due to:

1) Rear-ending. Even if you are parked, you can easily be rear-ended by a vehicle that is traveling. Rear-end accidents involving stationary cars are especially common on residential streets and in parking lots. A distracted driver may not notice a parked car in time and may crash into it. In some cases, drivers mix up the gas pedal and brake pedal, so they careen into the car in front of them rather than stopping their car. These types of car accidents can easily lead to head injuries in Key Biscayne as well as spinal cord injuries, soft tissue injuries, and other serious injuries. In many cases, in this type of accident the victim is simply not expecting to be in an accident and may not even be wearing their seatbelts at the time of impact. This can make injuries worse.

2) Leaving a child in the car. Unfortunately, each year small children, toddlers, and infants are seriously injured or killed because they are left alone in a car while their parents or caregivers run errands or simply forget to remove the child from the car. Leaving a child inside of a car is a serious issue, since even on a relatively mild day temperatures within a car can quickly escalate to dangerous levels and can suffocate a child and can even cause serious burn injuries. In Key Biscayne and across South Florida, very high temperatures can increase the odds that a child simply will not survive being left alone in the car. Rolling down the windows a little bit will not help protect the child. It is important that parents have systems or develop a habit for checking the rear seat of their car before leaving their car. While it seems unfathomable to some parents that they would forget their child, stressful jobs, distraction, and a hectic lifestyle can easily contribute to this problem.

3) Injuries related to car systems malfunctioning. In some cases, car systems can overheat or malfunction in some other way. This can mean that even if someone is sitting in a parked car and listening to the radio or waiting in their car, they could be injured. If a product defect in your car has caused a serious injury, you can contact a personal injury attorney in Key Biscayne or your community in order to inquire about launching a products liability claim in Key Biscayne or your South Florida city.

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