Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Will Florida Ban Texting While Driving to Reduce the Number of Miami Car Accidents?

Published on: February 15, 2012 | By Flaxman Law Group

Florida remains one of the few states that has not passed laws that ban texting while driving. There is a strong push to get this type of law passed, but despite the number of people injured and even killed by texting drivers, bill that are introduced to ban distracted driving do not pass into law. Last year, a move was made by Florida legislators to pass a texting ban for motorists, but that proposed legislation failed to pass into law.

While some people argue that banning texting and driving would help reduce the number of Miami traffic collisions, others argue that texting bans would harm individual rights by inviting too much government control into people’s lives. According to Jim Harper of the Cato Institute, texting bans make little sense because Florida laws already ban reckless driving and any driver who causes a Miami car accident due to texting and driving can be charged under those laws. Harper also notes that any new technology causes some accidents but does not require legislation. Speaking with reporters, he mentioned that cup holders caused some accidents when they were first introduced into cars, but no laws banned them.

There is a Senate bill (SB 416) in Florida that would ban texting and driving. So far, that bill has had two votes cast against it but it has passed through three committees. It still needs to be voted on by the full chamber. A House bill (HB 299) banning texting and driving has not moved forward. Some argue that the bills do not go far enough. If the bills become law, they would result in only a $30 initial fine. Any motorist caught texting and driving twice within five years would face an additional $60 fine. Drivers who cause an accident while texting would lose driver points under the proposed legislation. If the bills became law, police would only be able to charge drivers for texting if they pulled the driver over for another violation first.

According to some experts, texting bans might also not make much of an impact on Miami car accident rates anyway. There were 171 538 reported Florida car accidents between January and October of 2011, and under one percent of drivers were known to be texting while driving at the time of the accident, according to Florida highway safety authorities. Some experts have suggested that texting bans could actually increase Miami pedestrian accidents and car accidents, since drivers who want to text and drive would attempt to hide their devices in their laps when driving, taking their eyes off the road more.

Advocates of texting bans point to numerous studies suggesting that texting and driving is as dangerous as Miami drunk driving. They cite government research and studies by the AAA as well as numerous universities, all of which suggest that drivers who text and drive are many times more likely to be in a car accident when compared with undistracted drivers.

Continue reading →

Is Mobile Device Use the New “Drunk Driving” Risk in Coral Gables, Florida?

Published on: January 3, 2012 | By Flaxman Law Group

There is no doubt that texting while driving is dangerous. Each year, Coral Gables car accidents are caused by distracted driving. In fact, car collisions across Florida are caused regularly by drivers who are thinking about or engaged with someone other than driving. Numerous studies have shown that the use of mobile devices while driving is dangerous – yet Florida remains one of only 15 states not to ban texting while driving.

Last year, the National Transportation Safety Board (NTSB) called for a national ban on all mobile device use while driving. The NTSB wants to ban not only texting and driving, but the use of any mobile device for any reason other than an emergency. The agency even wants to prohibit hands-free devices. The recommendation comes after a number of high-profile studies have suggested that mobile devices play a role in many traffic collisions. According to the National Safety Council, 28% of all car accidents in the US are caused by drivers who text or talk on cell phones while driving. As well, the National Highway Traffic Safety Administration has announced that in 2011, 3092 traffic fatalities in the US occurred in crashes that were caused at least in part by a distracted driver.

Some experts have compared distracted driving to drunk driving. At one time, there were few laws and social pressures to prevent people from driving after drinking. However, growing awareness about the dangers as well as increasing numbers of Coral Gables drunk driving accidents and US drunk driving accidents pushed legislators and the general public into action. New laws, coupled with public education have made most Coral Gables drivers aware that drinking and driving leads to Coral Gables traffic accidents.

There has been a similar trend with distracted driving, argue experts. At one time, cell phone use while driving was not seen as a serious problem. However, advocacy groups and even celebrities such as Oprah Winfrey have spoken out about the dangers of distracted driving.

Legislators in a number of states have passed laws banning texting and driving. Federal rules already prohibit commercial drivers from texting and driving. If experts are correct, the wide-spread acceptance of the dangers of distracted driving is next, and distracted driving will be seen as socially unacceptable – and may be as widely illegal – as drunk driving.

Until a ban is in place across the nation, Florida lawmakers continue their efforts to pass legislation regarding distracted driving. Advocacy groups in Coral Gables and across Florida continue to raise awareness about the issue and each day drivers make the right decision to turn off their mobile devices before getting in their cars. The court system also allows victims of distracted drivers to take legal remedies. If you have been injured in a Coral Gables pedestrian accident or traffic accident caused by a distracted driver, you can seek legal redress for your injuries, medical costs, lost income, and other damages.

Continue reading →

Stay Safe if You are Driving Home to See Your Family: Prevent a Miami Car Accident

Published on: December 13, 2011 | By Flaxman Law Group

At this time of year, many Miami residents are making plans to travel to see family for the holidays. While some individuals choose to take planes, cars are a popular method of getting home for the holidays – they can make for a less expensive trip and can offer more flexibility in terms of travel time. If you are planning a road trip to see family, however, make sure that you avoid Miami car accidents (as well as accidents outside the state) by following these safety tips:

1) Give yourself plenty of time. Estimate how long it will take you to drive from your home to your destination (Google Maps is a good tool for estimating this) and then add several hours. You want to offer yourself plenty of time since you may run into traffic and you will want to leave time for meals, breaks, and rest stops. Knowing that you have plenty of time to get to your destination ensures that you are not rushing, and rushing and speeding, all of which can increase your risk of Miami traffic accidents.

2) Get a weather update. Knowing what the weather will be on the day you travel and knowing what weather to expect at your destination can help you plan your trip. If the weather will be bad, do everything you can to give yourself more time and try to travel during the daylight as much as possible to get the best visibility possible.

3) Drive with a friend if you can. You can share the costs of gas and share driving time as well, so that you are not driving fatigued.

4) Plan your route carefully. Have at least two alternate routes planned so that you can get to your destination safely even if roads are closed. When planning your route, also consider possible problems, such as night driving or driving through wintery conditions, so that you are prepared for any challenges.

5) Prepare a drive safe kit. This should include a cell phone, a first aid kit, flares, a blanket, and a flashlight. If your car breaks down, you will be happy to have these items on hand. If you are traveling somewhere with winter conditions, pack a bag of salt or non-clumping kitty litter (in case you get stuck in ice and need some traction), a scraper for your windshield, and a shovel to dig yourself out of snow.

6) Make sure your car is ready for the trip. Get a tune up if it has been a while, since a poorly-maintained car is more likely to have trouble responding quickly in order to avoid a Miami truck accident or car accident. If you will be traveling somewhere with winter conditions, consider investing in a good set of winter tires – they can save your life in slippery conditions.

7) Plan to be undistracted. Well-intentioned family could phone you while you are driving to get an update on your location, so it is safest to turn off your cell phone and put it away in the glove compartment. Make sure that any entertainment you plan for your trip – such as music – will not distract you from driving.

8 ) Plan to rest before your trip. Avoid going to a party the night before your trip. If you drink late and stay out late, you will be exhausted and driving fatigued. You may also still have an alcohol blood level above the legal level, putting you at risk of a Miami drunk driving accident. Get to bed early the night before you travel, so that you are well rested and ready to drive.

Continue reading →

Canadian Excuses Could Shed Light on Miami Car Accidents Caused by Distracted Driving

Published on: October 4, 2011 | By Flaxman Law Group

It’s well-known that Miami drivers love their mobile devices. Florida is one of only a few states with no bans on texting or talking while driving and each year many Miami pedestrian accidents and car accident – as well as many traffic accidents across the state – are caused by distracted drivers using cell phones.

Even though the dangers of distracted driving are well documented, many drivers still choose to drive while texting or using their mobile devices. This is the case even in states with strict texting bans in place. A new study out of Canada could shed some light on why drivers take the risk. Recently, the province of British Columbia in Canada held a crackdown on drivers who use mobile devices and cell phones while driving. Authorities issued more than 3500 tickets as part of the crackdown. As part of the initiative, authorities also kept track of some of the excuses used by drivers who were caught driving while texting or talking on their cell phones:

1) “I do not agree with this law.” This is an interesting reason, because, of course, residents are obligated to follow all traffic laws – even ones they do not agree with.
2) “I had to use the phone – it was my employer/family/spouse.” This is another interesting reason for driving distracted. The reality is that no phone call is so urgent that it is worth risking a car accident over. If there is a truly important phone call to be made, motorists should pull over to the side of the road to make the call.

3) “I was not using the phone – just holding it.”
4) “I did not see you, office – I was on the phone.”
5) “Something happened to my Bluetooth and I cannot use it.” While hands-free devices at least allow motorists to focus on the road and not take their eyes off the road, some studies have suggested that hands-free devices still distract drivers and are still therefore a hazard on the roads. In addition, a technical problem with a hands-free device does not make it acceptable to use mobile devices while driving.

6) “I was stopped at a red light and was not driving and texting.” In areas where cell phones or texting are banned behind the wheel, the understanding is that drivers will not use their mobile devices at any time while operating a motor vehicle – and that includes stops at red lights. In fact, drivers need to be alert at stop signs and red lights in order to monitor the flow of traffic, so mobile devices in these situations are quite dangerous.

7) “I was just checking my battery/the time/to see if my cell phone was working.” Again, a cell phone ban implies that mobile devices will not be used in any manner while driving. Checking the time on a phone is just as distracting – and just as likely to lead to a Miami car accident – as texting. Experts and authorities agree that it is safest to turn a mobile device off and put it safely away before getting in the car, to avoid the temptation to check messages or the device itself.

Continue reading →

Avoid A Florida Car Accident on Labor Day Weekend

Published on: September 1, 2011 | By Flaxman Law Group

The last weekend of summer, also known as Labor Day weekend, can be a chance for a final barbecue. However, this is also the weekend when many Florida car accidents, boating accidents, and Florida drunk driving accidents take place. To stay safe this weekend, authorities suggest:

1) Staying alert for road checks. Police authorities in most cities step up roadside checks and are extra vigilant on the final weekend before school commences. If you do see authorities stopped by the side of the road conducting road checks, get ready to stop and comply with authorities. They are there to help you. Also, be aware of a heavier police presence during the weekend.

2) Drivers avoid drive distracted. Driving distracted is always a danger. Whether you are taxing on your mobile device, having a very animated conversation with passengers, paying attention to your radio, eating a sandwich, or making a cell phone call, any form of distraction can put you more at risk for Florida pedestrian accidents, car accidents, and other types of traffic accidents. Anything that removes your focus or eyes from the road can be potentially deadly. Leave your mobile device at home or turn it off before getting in your car, and prepared to put your entire focus on driving.

3) Getting adequate rest before driving. Driving while tired can be just as dangerous as distracted driving or even drunk driving. Not getting enough rest can slow your response times and can even cause you to nod off at the wheel, causing you to lose control of your vehicle. If you’re too tired to drive, take a taxi or have a passenger drive you home. At this time of year, most of us are extra busy, but taking care not to drive fatigue can help prevent a Florida car accident.

4) Buckling up. Before starting the car, make sure that you and all your passengers are restrained with age-appropriate safety restraints. Whether that means a booster seat for children or seatbelts for the adults, ensuring that everyone is safe is a top priority. Age-appropriate safety restraints and seatbelts help keep you in place in case you are in a car accident. Proper use of seat belts and safety restraints can help reduce the instances of Florida brain injuries caused by car accidents.

5) Drivers avoid tailgating. It is important to maintain a safe distance from the car in front of you. If the car in front of you brakes suddenly, you will have enough room to maneuver to avoid an accident.

6) Developing a “get home safe” plan. Unfortunately, many Florida drunk driving accidents still do occur on Labor Day weekend. Don’t become part of the statistic. Develop a drive safe home plan — whether that involves taking a taxi or designating a driver — and stick to it.

Continue reading →

Is Your Teen Driving to School for the First Time? Plan Ahead

Published on: August 18, 2011 | By Flaxman Law Group

If your teen has gotten a driver’s license over the summer, he or she may be excited about driving to school for the first time. However, it is natural to have some qualms about this as a parent. After all, the news reports daily on deadly Florida truck accidents and car accidents. Before letting your teen drive to and from school, you may want to ask the following questions:

1) Does your teen have a reliable car? A car that is not in good repair is a considerable danger, because it may not respond adequately if your teen needs to make a sudden move to avoid an accident. You may want to ask your teen to make sure that their car is in good shape before being allowed to drive to and from school. A summer car may not be adequate for the daily wear and tear of a daily commute.

2) Can your teen find a safe parking space nearby? Some high schools provide parking to students, but in other cases students need to find a spot on nearby streets. Are these streets safe to park on? Is parking adequate? Can your teen parallel park well enough to squeeze into a parking spot? Make sure that your teen can park safely and close enough not to have to be late for class.

3) Is your teen willing to sign pledges not to drink and drive or text and drive? Using a cell phone while driving or drinking and driving should carry serious penalties – such as the loss of driving privileges. Get it down on paper.

4) Can you agree on a route to school? Go over the routes to school, with an eye for safety and traffic.

5) Will your teen want to take friends to school? Extra passengers in the car add considerably to distraction for the driver and increase the risk of a Florida pedestrian accident or traffic accident. It is also difficult to enforce how many passengers your teen has in their car. Nevertheless, you will want to impose a passenger limit and have penalties in place if your teen driver disobeys this rule.

6) How will you know where your teen will be after school? One of the dangers of driving to and from school is that your teen may drive off after classes and may forget to tell you where he or she is going. You may need to have rules in place to ensure that you know where your teen is.

7) Has your teen received adequate driver training? Basic driving training is great, but giving your teen additional private lessons means added experience behind the wheel. Additional defensive driving courses are also a smart investment because they give your new driver additional skills to prevent a Florida car accident.

8) Will your teen be driving home in the dark? If your teen has after-school commitments, in the winter he or she may be driving home in the dark. However, most driver training and driver’s tests do not test night driving.

9) Does your teen have adequate experience with you in the passenger’s seat? Driving along in the passenger’s seat when your new driver heads out for a drive can help reassure you that your teen has the driving skills needed to take a car out daily. If you find that your teen has bad habits or dangerous habits, you have a chance to notice this and address it with further training before extending further driving privileges.

Continue reading →

Getting Ready to Prevent Florida Car Accidents in the School Year

Published on: August 16, 2011 | By Flaxman Law Group

The start of the school year means a return of the school-year routine for many families. If you have a child, your morning routine will likely mean a commute to school. If you drive your child to school, you will need to plan ahead to reduce the risk of a Florida car accident on the way to school. Unfortunately, traffic accidents frequently occur on the morning school commute, as dozens of parents are dropping off children and trying to scramble through a hectic morning. You can reduce your risk if you:

1) Encourage your school to create a drop-off zone. A drop-off zone at school usually is apart from school buses and is designed to handle high-flow levels of traffic. This is far more convenient and safer than trying to drop off a child near school bus lanes or near a busy school parking lot.

2) Consider car pooling. Arranging for car pooling for your child reduces stress and saves you time. Arranging car pooling at your child’s school also reduces the number of cars pulling up by the school, which can reduce the risk of collisions.

3) Get your car checked out. A well-maintained car will respond better, making it easier for you to stop suddenly if you need to.

4) Do a test run. If you are new to a school, especially, consider visiting the school some morning before classes start. Test out different routes to the school and time how long the drive takes (but make sure to factor in morning traffic during the school year). Consider where you can park and where you can drop your child off. Take note of the school bus zones as well so that you are prepared for the morning commute.

5) Create a time schedule to keep mornings less hectic. A chaotic morning can increase your risk of an accident because it is distracting to be rushing and thinking about the time. Set up a system by the door and have each child place their shoes, coats, and full backpacks by the door. Set out clothing the night before. Consider pre-packed lunches or wake early to pack them. Shaving off time in the morning also ensures you don’t have to get up too early, which reduces the risk of driving fatigued.

6) Consider alternative forms of transport. If your school offers a bus ride, consider this as a viable alternative. While Florida bus accidents do occur, they are statistically far rarer than car accidents.

7) Consider parking a block from school and walking. If your child’s school is large and has no drop-off zone, you may find the traffic near the school too chaotic and unsafe. Parking a short distance away and walking up can be safer, especially if the entrance to the school is a distance away from car traffic.

Continue reading →

What Types of Distracted Driving Cause Florida Car Accidents?

Published on: July 25, 2011 | By Flaxman Law Group

Distracted driving has been in the news frequently over the past few years. According to an article in The Times, drivers who use cell phones are four times as likely to cause a car collision as their less distracted counterparts. In fact, researchers have suggested that cell phone use is similar to driving drunk, in the way that it reduces response times and increases the risk of a Florida car accident. Some studies have suggested that hands-free phones do not help, while a Harvard study from 2003 concluded that cell phone use leads to 2, 600 fatalities and 330 000 accidents that lead to at least moderate injuries.

With research like this, it is not surprising that many people associate distracted driving with mobile devices. However, experts and authorities agree that cell phone use is simply the most noticeable form of distracted driving, and it is only the tip of the iceberg. In fact, many behaviors – including common behaviors that are almost impossible to litigate – can lead to distracted driving and Florida pedestrian accidents and traffic accidents. According to the Florida Highway Patrol, distracted driving can include:

1) Eating and drinking while driving.

2) An outside distraction. An animal running across the road, an accident nearby, road work, and other events cause many accidents each year.

3) In-car systems, such as radios, CD players, I-pods, DVD players, GPS devices, and others. Even adjusting a seatbelt or your mirrors can distract you from the road.

4) Other passengers. Helping a child or having an animated discussion with a passenger can distract a driver and cause an accident.
5) Objects moving in the car. Insects, an object rattling in the back seat, a pet loose in the car, or any mobile object in the car is a major distraction and a danger.

6) Smoking. Smoking is bad for your health, but it is also a distraction. The act of smoking, finding a cigarette, lighting a cigarette, or dropping a cigarette can mean taking your eyes off the road.

7) Any object in the car. Fumbling through a purse, trying to open a water bottle while driving, looking through the glove compartment while driving – these are all distractions.

8) Driver fatigue.

9) Medical issues.

10) Being lost. Looking at road maps or signs can distract you from pedestrians and cars around you.

11) Emotional distraction. Highway hypnosis or simply being inattentive can be just as dangerous as any other type of distraction.

12) Mobile devices, such as cell phones and texting devices.

Of course, it is impossible to avoid all of these distractions all of the time. It is inevitable that sudden events or problems crop up on the road and distract us. However, it is also important for drivers to stay aware of all the possible types of distractions which are possible when driving. When drivers are aware of these distractions, perhaps they will be more willing to pull over rather than keep driving distracted. This sort of paradigm shift can help prevent Florida traffic collisions.

Continue reading →

Would Restricting Mobile Device Use and Texting While Driving Help Cut the Number of Florida Car Accidents?

Published on: July 21, 2011 | By Flaxman Law Group

Between 2000 and 2010, the number of fatal Florida car collisions has dropped. In 2002, 3,143 individuals were killed in Florida car accidents. By 2010, that number had declined to 2,563. This is despite the fact that the population of the state has climbed 18 percent and despite the fact that during this period drivers have been more distracted than ever before, with DVD players, GPS devices, texting, mobile devices, and other technology.

In 1995, only about 13 percent of Americans owned cell phones. Today, 80 percent of Americans own them, and this has led to quite a debate about cell phone safety behind the wheel. Many studies have been done proving that cell phone use while driving is risky and increases the risk of a car accident. However, there is no doubt that overall traffic fatalities have been dropping.

What is going on?

Part of the answer may lie in the fact that highway safety systems and laws have improved in the same time period. Seat belt laws, for example, have become stricter in the past two years. Now, police can give out tickets if a driver is not wearing a seatbelt. In fact, drivers can now be pulled over even if that is their only violation.

However, does that mean that drivers are safer – even with cell phones and mobile devices – or do the numbers hide the dangers of distracted driving? Even cell phone companies are advertising that drivers should not use their products while driving. A number of bills have been introduced in Florida, which would make texting and driving or cell phone use while driving illegal. However, none of these bills have passed so far. They have certainly created a lot of debate about the topic of distracted driving. Currently, Florida is one of only two states to have no rules at all about mobile device use. The state does not even require the reporting of cell phone use in Florida car accidents.

According to the Virginia Tech Transportation Institute, drivers who text have a 23 times greater risk of being in a car crash than non-distracted drivers. As well, drivers spend an average of 5 seconds looking at mobile devices when using these devices on the road. On a highway, this means that drivers take their eyes off the road for about the length of a football field – plenty of time to cause a Florida pedestrian accident or car crash.

If mobile devices were banned or restricted, would it make Florida roads safer? Those who believe so point to studies like the one completed by the Virginia Tech Transportation Institute. Those who disagree with proposed bills point to the dropping rate of Florida car accidents and to other studies, which suggest that car accidents stayed static in states that have passed cell phone bans.

Continue reading →

What’s Being Done to Stop Florida Car Accidents Caused by Distracted Driving

Published on: July 14, 2011 | By Flaxman Law Group

While 33 states – including Guam and the District of Columbia — have bans on texting while driving, Florida is one of just 17 states that do not have specific bans against texting and driving, despite a number of efforts by legislators to pass these types of laws. Currently, no states have blanket bans which prohibit all cellphone use by motorists. However, eight states – as well as the Virgin Islands and the District of Columbia – have laws which ban the use of handheld cellphones while driving.

In Florida, a number of proposed laws were considered by Legislature in the latest session. One proposed law would have mandated driver education programs to include information about the dangers of distracted driving and the hazards of cellphones and other mobile devices while driving. Another proposed piece of legislation would have made it illegal for drivers under the age of 18 to use handheld cell phones and mobile devices while driving. None of these bills passed. Sen. Evelyn J. Lynn, R-Ormond Beach sponsored SB 80, which would have created the Florida Ban on Texting While Driving Law. That law also did not pass, but Sen. Evelyn J. Lynn has spoken out about the need for such legislation.

Certainly, a number of studies do seem to suggest that the use of cell phones and mobile devices while driving is dangerous. The Virginia Tech Transportation Institute completed a study in 2009 which found that using a cell phone while driving increases the risk of accidents and near accidents. Those who text drive are about 23 times as likely to be in a car crash or near car collision as those who drive distraction-free, according to the study. The study found that texting, specifically, was the most dangerous activity related to cellphones and mobile device use while driving. As well, according to the Florida Department of Highway Safety and Motor Vehicles, 0.2% of car accident related deaths and 1.22 % of car-accident-related injuries in Florida are caused by distracted driving. In 2009, for example, 1,532 people in Florida were injured and four were killed due to distracted driving. However, according to the Florida Department of Highway Safety and Motor Vehicles, the actual number of Florida car accidents caused by distracted driving may be quite higher, since drivers who have been in an accident rarely own up to driving distracted and, in some cases, there is no evidence to confirm that a driver was distracted.

Statistics such as these have led many Florida residents to conclude that there needs to be laws against distracted driving in order to prevent more Florida pedestrian accidents and car accidents. However, others oppose the idea of more government interference for drivers. They note that written tests for learner’s permits in Florida already contain questions about distracted driving. As well, a 2010 study by the Highway Loss Data Institute found that in states with texting bans, the rates of car accidents did not actually decrease after a texting ban. In fact, in three states, the number of car collisions increased after the texting ban was put in place. Another study by the Highway Loss Data Institute found that bans which prohibit the use of handheld cell phones and mobile devices also did not reduce the number of car crashes. As well, some believe that technology is actually helping to prevent Florida car accidents, as there are hands-free texting applications, alerts for distracted drivers, and other special safety features, available for drivers.

Continue reading →