Item: Flaxman Law Group
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Author: Clara Barman

National Cell Phone Courtesy Month Is a Good Time to Hang Up on Distracted Driving to Prevent Hollywood Car Accidents

Published on: July 24, 2012 | By Flaxman Law Group

July is National Cell Phone Courtesy Month. Founded by author Jacqueline Whitmore in 2002, National Cell Phone Courtesy Month was designed to make cell phone users more polite about use of the devices. National Cell Phone Courtesy Month is intended to raise awareness about the importance of not yelling into cell phones in public and not using cell phones in inappropriate public areas. However, National Cell Phone Courtesy Month can also be used to raise awareness about the dangers of cell phones use.

Only eleven states currently do not have bans on cell phone use and texting while driving, and Florida is one of these states with no prohibitions about the use of cell phones behind the wheel. While legislators have tried to pass laws banning cell phone use by drivers in recent years, however, these bills have not passed into law. In 2011, Governor Rick Scott vetoed proposed legislation which would have mandated that the Florida Division of Motor Vehicles teach drivers about the dangers of distracted driving. Municipalities and communities also cannot pass their own distracted driving laws under current Florida laws. As a result, in Florida distracted driving is not legislated and it is up to individual drivers to make the right choice to drive undistracted.

There are studies which have concluded that driving distracted can lead to accidents in the same way that drinking and driving can lead to Hollywood drunk driving accidents. In fact, the response times for distracted drivers and drunk drivers is similar, according to researchers, which is one reason why distracted drivers are more at risk for a Hollywood car accident.

Despite the wide-spread media attention about the dangers of distracted driving and despite the research, many drivers continue to drive distracted. One possible reason is that many distractions have become so commonplace that many drivers do not see the danger. Many professionals are used to speaking on a cell phone all day, so they simply carry on using their mobile devices while in the car. Many cars currently made also include touch screens, mobile device docks, and other features which can pose a distraction. In addition, many cars include technology to allow hands-free talking and dialing, so that drivers can continue to use their cell phones without having to use their hands. Unfortunately, some studies have suggested that hands-free devices are also distracting and can also lead to Hollywood traffic accidents since they still take the driver’s attention from the road.

Since it is well documented that distracted driving is dangerous and since there are no laws in Florida to prevent it, fashioning distracted driving as an issue of polite driving may make sense. In many cases, distracted driving is dangerous because it can lead to a driver cutting someone off, for example. Preventing distracted driving not only ensures that drivers are more polite on the roads – which in itself could prevent Hollywood car crashes caused by road rage – but also ensures that all drivers and pedestrians stay safer.

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Preventing Miami Car Accidents During the Holidays

Published on: July 4, 2012 | By Flaxman Law Group

The Fourth of July travel period is supposed to be a time of fun and family. Each year, however, Florida families are devastated as a result of Miami car accidents during this time of year. Unfortunately, the holiday period usually coincides with an increase in car accidents during most years. While police presence on city streets is aimed at reducing the risk of accidents, there are still many things that motorists can do to help prevent a Miami traffic accident at this time of year:

1) Give yourself extra time to get to your destination. Many Miami car accidents during the holiday weekend occur because travelers are heading to see family and friends, creating congestion and frayed tempers. Giving yourself extra time helps reduce the stress as well as the risk of a car crash.

2) Avoid driving when tired or upset. Strong emotions are a major distraction and driving when tired can mean that you lose focus or even fall asleep at the wheel. It is especially important to avoid driving fatigued or angry at this time of year, since the sun and hot weather can exacerbate the fatigue and irritability.

3) Put away distractions when you get in the car. Even though there are no texting bans in Florida, there is quite a bit of scientific research to show that any type of distraction – whether in the form of food, passengers, or mobile devices – can increase your risk of being in a serious car collision. Whenever you drive distracted you take your mind and eyes off the road for seconds at a time – more than enough time to cause a Miami bicycle accident or other type of traffic accident.

4) Stay cool in the car and bring provisions. Heat exhaustion, sunburn, and heat stroke can be very real problems if you are stuck in Miami traffic for hours this holiday weekend. Pack a cool drink and wear sunscreen and a hat to keep yourself from overheating. Roll down your windows and use your air conditioner to keep yourself cool as you drive.

5) Have a plan to avoid drunk driving. Miami drunk driving accidents are a serious concern during the holiday weekend. You can avoid this type of accident by having a plan for getting home safely. Even if you plan on not drinking, have a plan in place – just in case. Better yet, leave your car at home and use public transportation to get to and from parties where you know you may be drinking.

6) Have a plan to prevent others from driving drunk. If you are hosting Fourth of July celebrations, make sure that you have options to get your guests home. You may arrange for a designated driver and car or have guest beds set up, for example.

7) Find out what options exist for holiday celebrations in your area – and take advantage of them. Most communities have alcohol-free festivities, free public transportation, and other options for revelers. In many cases, these options can help you avoid drunk driving.

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Car Surfing and Miami Car Accidents

Published on: June 28, 2012 | By Flaxman Law Group

Car surfing is a trend among many teens. It involves having one or more passengers hanging out of, or balancing on top of, a moving car. In many cases, the car is driving above above the posted speed limit – in some cases, well above the speed limit – and in many cases teens take photos or videos of the stunts. In some situations, these videos and photos document the final moments of the risk-takers.

According to information gathered by the Centers for Disease Control and Prevention (CDC), at least 58 people died between 1999 and 2008 in US accidents caused by car surfing. Another 41 victims suffered serious injuries. Most victims were teenagers and male.
Car surfing is a serious problem and leads to Miami car accidents for many reasons:

1) Those who take part in car surfing will often lose control and fall out of or off of the moving vehicle. In most of these cases, death is a common result, especially if the driver is speeding. This is in fact the most common type of injury resulting from car surfing. In this type of Miami traffic accident, the teen may simply lose grip on the vehicle and may plummet in front of the vehicle and get run over. Even if they fall clear of the vehicle, Miami head injuries are a likely result when the head comes into contact with a hard surface such as pavement. Car do not wear helmets or other protective gear, so there’s often nothing protecting them from impacting with pavement at a very high speed.

2) Those who take part in car surfing may smash up against an object. In many cases, car surfers will ricochet off of another surface, such as a nearby car, bridge, or other hard surface. Teen surfers may simply not notice objects bearing towards them, and this is likely to result in severe Miami brain injuries.

3) The driver involved in these pranks is often distracted. In many cases, the driver is speeding, looking at the surfers, and in some cases trying to take videos or photos of the event. In many cases, the driver may swerve out of control and lose control of the vehicle. In other cases, the driver may be in a Miami car accident, colliding with another vehicle.

4) Car surfing is distracting for other drivers, who may lose control of their vehicles while trying to get out of the way.

Car surfing is always dangerous, and unfortunately it is prevalent among some teenage boys. It is important for parents to be aware of what their children are doing with their friends. It is also important for parents to speak frankly with their children about the dangers of car surfing. Many teens have already died from this particular type of prank, and more needs to be done to ensure that more accidents do not take place.

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As Teen Driving Time Increases, It’s Time to Talk Texting To Prevent Hialeah Car Accidents

Published on: June 26, 2012 | By Flaxman Law Group

At this time of year, there are more teens on the road as summer starts and classes end. Unfortunately, statistics suggest that teen drivers are also more at risk at this time of year when driving — especially if they are driving distracted. According to a yearly survey by the U.S. Centers for Disease Control and Prevention (CDC), 58% of high school seniors and 43% of high school juniors admitted to emailing or texting within the past month.
While Florida does not have any laws banning the use of mobile devices on the roads, there is a great deal of awareness about the dangers of distracted driving. Anecdotally, many drivers are aware that distracted driving causes Hialeah car accidents and serious injury. Statistics and studies have also proven that distracted driving can lead to serious car collisions.

According to the CDC, distracted driving causes about 16% of teen car accident fatalities.
Summer may compound the problem. According to the National Highway Traffic Safety Administration (NHTSA), summer is deadliest time of year for younger drivers under the age of 20. In addition, car accidents are the leading cause of teen fatalities, according to the organization. Each year, more than 5000 teens are killed in car collisions across the country. In the summer months, the number of teen fatalities in car accidents jumps to 422 deaths monthly, up from 363 deaths, on average, during the rest of the year.

During the summer, there are dual concerns for parents hoping to protect their teens from a Hialeah traffic accident. One factor is that the summer months are already a riskier time for teen drivers because teen drivers are spending more time on the road. Another factor is that teens are more likely than some other age groups to use mobile devices or drive distracted, pushing their risk of being in a Hialeah truck accident or car accident even higher.

The stakes may be even higher, as well. A serious at-fault accident during the teenage years could affect a teen driver’s driving privileges, driving records, and insurance rates for years. A serious car crash can also lead to criminal charges and even a criminal record against a teen – a record that could affect their life for years to come. The trauma of causing a serious accident and injuries or fatalities can also stay with a teen for years to come. Of course, if a teen driver drives distracted and is injured, the Hialeah head injuries, spinal cord injuries, and other serious injuries can affect income potential and life quality permanently.

In addition, teen drivers are still forming driving habits, so it is important to instill the habit of distraction-free driving in younger drivers. Parents of teen drivers can start by having honest discussions with their teens about the dangers of distracted driving. There are many good resources available online and from local police departments about the dangers of distracted driving. Parents can use these resources when helping their teens understand the dangers. A few discussions can help drivers understand the dangers and can help prevent Hialeah motorcycle accidents and car accidents.

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How Focusing Forward May Lead to Coral Springs Car Accidents

Published on: June 19, 2012 | By Flaxman Law Group

We’ve all seen drivers who simply look forward, leaning towards the windshield. While drivers do need to focus on the road in front of them, however, driving is about using one’s mirrors and being aware of what is all around the car. Good drivers need to use their mirrors and check their blind spots regularly to prevent a Coral Springs traffic accident. There are many reasons why just focusing ahead can cause a Coral Springs car accident:

1) It can cause a driver to cut someone off. Drivers who do not check their mirrors and blind spots to see who is behind them and beside them when they change lanes can cut off someone who is traveling too closely. In some cases, this can easily lead to a Coral Springs truck accident or car accident.

2) It can cause a driver to drift into lanes without signaling. Not being aware of drivers behind you can make signaling seem less important. Seeing other drivers around you and being aware of them reinforces the fact that you need to warn others before you change lanes or make any unexpected moves.

3) It can mean discourteous driving. Not being aware of drivers behind and beside you can mean that you are not anticipating other drivers and therefore not being courteous. For example, you may not notice that the driver behind you is trying to speed up so as not to be caught running a red light, or you may not notice that a driver is trying to merge behind you. Being aware lets you drive more courteously, which is safer and helps prevent road rage as well.

4) It can mean being unaware of dangerous drivers behind you. In many cases, preventing a Coral Springs motorcycle accident or traffic accident means driving defensively – something you can only do if you are aware of the traffic beside you, in front of you, and behind you. Noticing traffic around you in time can help you prevent a serious car accident.

Keeping your eyes on the road is important, but it is also important to remember that keeping your eyes on the road means using your mirrors and checking your blind spots, too. Being aware of everything around you means safer streets for everyone. Of course, being aware of traffic around you also means eliminating distracted driving. Driving while distracted makes it all but impossible to keep a close eye on all traffic, which is one reason why distracted drivers are more likely to be in an accident – they tend to only look ahead when driving.

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Who Should be Held Responsible for Fort Lauderdale Car Accidents Caused by Cell Phone Use?

Published on: June 6, 2012 | By Flaxman Law Group

Drivers have repeatedly been told about the dangers of using cell phones and mobile devices while driving. Numerous studies have shown that distracted driving causes many Fort Lauderdale traffic accidents and public awareness campaigns have been launched in order to ensure that drivers know about the dangers. Unfortunately, many drivers in Fort Lauderdale and throughout Florida still continue to drive distracted.

When distracted driving leads to a Fort Lauderdale car accident, victims who have suffered injuries do have the right to pursue a legal case in order to recover damages for medical costs, property damage, lost income, and other expenses. In these claims, Fort Lauderdale personal injury attorneys often seek out all liable parties in the accident in order to ensure that the victim gets the fairest compensation possible – compensation that pays for as much of the medical care and lost income as possible.

Recently, according to news reports, some attorneys have been focusing on driver employers in these types of car accidents, since in many cases people who are involved in a car accident while speaking on the phone are speaking on a work-provided device or are doing business on the phone. In these cases, employers may be held liable.

There is already a precedent for considerable settlements in these types of cases. Coca Cola recent was ordered to pay $21 million to a woman injured by a Coca Cola sales person who caused a car accident while talking on a cell phone. In another case, a Florida family was awarded $21 million after a woman was killed in a car accident caused by a cell phone user. International Paper reached a settlement of $5.2 million with a woman who was injured after a company employee caused a car accident while speaking on a cell phone.

In many Fort Lauderdale truck accidents and car accidents caused by cell phone use, the driver may be driving a company car, may be driving on company business, may be using a company-provide cell phone, or may be using a private cell phone for company business. In any of these situations, the company may be held liable if the employee causes a car accident while speaking on the cell phone and that accident causes a death or serious injury.

While Florida is one of only a handful of states to not yet ban texting and driving, there is no doubt that drivers are aware of the dangers of distracted driving. Often-cited statistics by the National Highway Traffic Safety Administration point out that using a cell phone while driving makes drivers four times more likely to be involved in a car crash, compared with undistracted drivers.

According to some Fort Lauderdale personal injury attorneys, some companies are not helping the issue, encouraging employees to use cell phones on the road. Sales people, especially, may be encouraged to be always available by phone in order to take care of company business. Some companies also provide employees with cell phones and company cars but fail to emphasize the importance of turning the devices off when driving. Some companies are taking the correct steps. Government employees, for example, are not allowed to use cell phones while driving government cars and other companies have also enforced no-cell phone rules for employees driving on company business.

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Hialeah Road Work and Hialeah Car Accidents

Published on: May 8, 2012 | By Flaxman Law Group

Road work is a constant in the summer on Hialeah and Florida roads, as communities strive to fix the roads and add infrastructure. Unfortunately, summer is also a time when many visitors come to enjoy Florida beaches, and the added traffic and congestion caused by road work can be a real danger. Road work means unexpected road conditions, added truck traffic, and more pedestrians in the work area. It can also mean that entire roadways or lanes are closed, causing congestion and frayed tempers. To avoid some of the problems that can lead to a Hialeah traffic accident, make sure to plan ahead:

1) Plan ahead so that you know where road work is taking place. One of the easiest ways to prevent a Hialeah truck accident caused by roadwork is to simply listen to traffic reports in order to plan your driving routes more efficiently. If you need to get somewhere fast, listen to the traffic reports so that you are prepared ahead of time for accidents, road work, and other delays.

2) Try to avoid road work areas, especially when congestion is likely to happen. During rush hour and during times when time is of the essence, look for ways to avoid road work. Listen to traffic reports and plan an alternate route. Avoiding congested areas is a good way to avoid Hialeah truck accidents and will make your drive much easier as well.

3) Give yourself plenty of time. If you cannot avoid a construction or road work area, don’t rush. Give yourself extra time to get to your destination, and call ahead if you need to let others know that you have been detained during traffic. Trying to rush through a road work area increases the risk of a Hialeah car collision, and also increases the likelihood of road rage.

4) Keep your eye on the road and the signs. When proceeding through a road work area, look out for signs and instructions from workers. Traffic may be rerouted through areas and information may be posted. If adequate information is not posted, alert the city. Correct signage in a road work area is essential to keep traffic flowing smoothly and to prevent Hialeah truck accidents.

5) Follow instructions and slow down. When approaching a road work area, slow down and follow instructions, whether they are in the form of signs or workers directing traffic. Road work areas have their own rules, so make sure that you follow the new, temporary rules.

6) Do not drive distracted. Road work areas usually have heavy trucks as well as pedestrian traffic as workers fix the infrastructure. Being distracted is likely to lead to a Hialeah pedestrian accident or traffic accident because the traffic in work areas is so unexpected. Put away your mobile devices and focus on driving. As well, keep your eyes on the road. One reason why work areas do result in accidents is because drivers will sometimes pay attention to the work being done and miss signs, causing an accident.

7) Stay calm. It`s easy to get upset by delays and congestion, but getting angry is likely to lead to road rage and distraction, which is dangerous on the road. Stay as calm as you can and if you find that you do not deal well with congestion, avoid work areas when planning your driving routes in the summer.

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How Distracted Drivers can Cause Biscayne Park Car Accidents

Published on: April 19, 2012 | By Flaxman Law Group

Talking and texting using cell phones and mobile devices is very commonplace today, even among drivers. According to a recent Prevention magazine survey, there are over 100 million cell-phone subscribers across the country, and over 85% of them report regularly talking while driving. This is despite the fact that a study published in the New England Journal of Medicine in 2001 found that drivers talking on cell phones are four times more likely to be in a car crash when compared with drivers who drive distraction free. Despite many media campaigns to make drivers aware of the dangers of distracted driving, many drivers continue to talk and drive. There are many dangers connected with talking and driving:

1) It causes slow and erratic driving. Drivers who are focused on talking rather than driving may make driving errors, make drive recklessly or mindlessly, and may drive more slowly as their focus is elsewhere. This can easily lead to Biscayne Park car accidents.
2) It takes the driver’s eyes off the road. Studies have shown that drivers who use hand-held devices take their eyes off the road for seconds at a time – enough time to travel the length of a football field or more. This is more than enough time to cause a serious Biscayne Park pedestrian accident or traffic accident.

3) It takes the driver’s mind off the road. The $40-billion-a-year cell-phone industry has introduced many types of technology in recent years to allow drivers to talk and drive without using hand-held devices. Built-in phones, voice-activated dialing features, headsets, and car speakerphones all promise to keep driver’s eyes on the roads. However, these devices still distract drivers from thinking about traffic, and some experts feel that they are still a danger in cars.

4) It can prevent a driver from hearing important auditory cues. Cell phones can take a driver’s mind and eyes off the road, but they also focus the driver’s eyes away from the road, which can be just as dangerous. Hearing alarm signals, horns, and other cues is an important part of driving safely and cell phones distract from that. It is one possible reason why hands-free devices have been found by some research studies to be just as distracting as cell phones for drivers.

5) It can lull drivers into a false sense of security when driving. Many people claim that cell phones actually help them drive, by providing them with map apps, the ability to call in emergency situations, and other features. However, drivers who use their cell phones while driving without facing any consequences will likely continue to do so, increasing their risk of a serious Biscayne Park traffic accident.

Of course, cell phones are not the only distraction that drivers face. CD players, food, scenery, and passengers, as well as an infinite list of other distractions are part and parcel of driving for many drivers each day. However, hand-held devices have become one of the most visible and noted distractions that drivers face, in part because of their prevalence and in part because Biscayne Park car accidents caused by this form of distraction seem so preventable.

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Teens, Passengers, and Miami Lakes Car Accidents

Published on: March 27, 2012 | By Flaxman Law Group

Experts agree that too many passengers in a car with a new teen driver can increase the risk of a Miami Lakes traffic accident. Passengers are a distraction for any driver, and this level of distraction can be especially dangerous for a less experienced, new driver, leading to a Miami Lakes motorcycle accident or other traffic accident. Teen passengers can also encourage a new driver to take risks, so experts point to peer pressure and risk taking as other dangers of passengers.

One Children’s Hospital of Philadelphia study of 198 teen drivers shows that teens who have characteristics that already increase their risk of car accidents are the ones who are more likely to have multiple passengers as well. Teens who were shown to be most likely to invite friends into their cars as passengers were also the teen drivers who described themselves as thrill-seekers and who claimed that their parents did not keep track of their actions. Researchers found that teens in this group also had a poorer grasp of driving dangers.

A second study conducted by State Farm Insurance had researchers looking at 677 teen drivers who were involved in serious accidents. Researchers found that teen drivers who had other teens as passengers were more likely to have been distracted just before an accident when compared with teens who did not have any passengers. According to the study, teen male drivers who drove with teen passengers were nearly six times more likely to try an illegal driving move than drivers in the same age group who did not have passengers. Teen male drivers who drove with teen passengers were also found to be twice as likely to have been driving aggressively before an accident, when compared with solo drivers. Researchers found that teen female drivers, however, are less likely to drive aggressively, even when they have passengers.

Studies such as these clearly indicate that passengers are a serious distraction for teen drivers. At the same time, however, many teen drivers feel peer pressure in order to take on multiple passengers. When a teen gets his or her license, they generally have friends who do not yet have a license and who may rely on them for transportation. Teens may also be proud of their driver’s license and want to share in the excitement with their friends, who are often eager to be passengers.

Unfortunately, multiple passengers can create noise, conversation, and other distractions. In some cases, passengers may encourage drivers to take unnecessary risks or even to drive recklessly. It is up to parents to set ground rules for driving with passengers. If you have a teen driver in your home and wish to prevent Miami Lakes car accidents, you may wish to sit down and have a conversation about passengers and to set some ground rules for how many passengers are allowed in a car at one point. It may be important to discuss alternatives and options available in the event that your teen needs to go somewhere and friends ask for a ride.

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If Awareness About Distracted Driving is Rising, Why are Many Miami Gardens Car Accidents Still Caused by Distracted Drivers?

Published on: March 7, 2012 | By Flaxman Law Group

Distracted driving has been in the news for years but many drivers still choose to text and drive and many Miami Gardens car accidents continue to be caused by distracted drivers. Even though Florida still does not have a texting ban for drivers, many people are aware that distracted driving (including texting while driving) can lead to Miami Gardens traffic accidents. Why, then, do many drivers continue to drive distracted? Reporters, investigative journalists, and police authorities point to many reasons:

1) Drivers may lack the discipline to not get distracted. Many drivers think that they will “just quickly” check a text message or voice mail. Very few are willing to turn off all devices and put their focus entirely on the road. Unfortunately, even a few seconds of focus away from the road can cause a serious Miami Gardens truck accident or car accident.

2) There are more distractions today than ever before. Lately, even car manufacturers have been targeted for putting more distracting technology and devices in cars. Today, many people have mobile devices, tablets, cell phones, and other devices they carry with them – including devices they bring with them into the car. In addition, newer vehicles have many potentially distracting features, such as LCD touch displays, GPS, complex audio systems, infotainment systems, internet access, and other features. There are more devices and more forms of technology demanding driver attention.

3) Drivers overestimate their driving ability. Some drivers continue to drive distracted because they feel that they can use their mobile devices and still drive safely, even though research has shown that this is not the case.

4) There is not enough awareness about distracted driving. While much has been written lately about the dangers of mobile devices and driving, less is written about distracted driving in general. As a result, there is less awareness about the dangers of driving while eating, changing music, and other distractions.

5) There is a dangerous focus on multi-tasking. With most people busier today than ever before, many of us feel the pressure to do many things at once – including getting tasks done as we drive. Unfortunately, this attitude can be dangerous for drivers.

If you have been in a Miami Gardens motorcycle accident or other traffic accident caused by a distracted driver, it is important to consult with a qualified Miami Gardens personal injury attorney. Unfortunately, proving distracted driving is very challenging and a good attorney will usually work with a private investigator and with other professionals to determine whether distracted driving was a factor in your accident. If distracted driving was a factor, Florida law allows you to recover damages from the negligent driver for lost income, medical expenses, and other costs related to your accident.

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