Item: Flaxman Law Group
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Author: Clara Barman

The Top Driving-Related Talks You Need to Have With Your Teen Today

Published on: March 31, 2011 | By Flaxman Law Group

April is Alcohol Awareness Month, but this is also a great month to talk to your teens about the other dangers of driving. It’s a great time to discuss:

1) Drinking and driving. According to the National Highway Traffic Safety Administration, 32 people in the US die every day due to drunk driving. Don’t let your teen become one of the statistics of Florida drunk driving accidents. Have an agreement with your teen that
2) Drugs and driving. Many people think of impaired driving as drunk driving, but many drugs (including illegal drugs as well as medications and even over-the-counter products) can cause car accidents because they can cause sleepiness or impairment. Talk to your child about natural supplements, over the counter medications, and illegal drugs. Make sure your teen knows about dangers.

3) Distracted driving. Thanks to awareness campaigns, your teen likely knows about the dangers of texting or talking while driving – but does that mean they put away their mobile device when they drive? This is the month to talk about that and to ensure your teens pull over to the side of the road before making a call.

4) Passengers. Mobile devices are not the only distractions on the road. Loud passengers, loud music, and other distractions in the car can have lethal consequences. Create a list of potential distractions with your teen and then help him or her come up with solutions that address each distraction.

5) Stunts and risks. Teens sometimes think that the risks and stunts they see on TV look cool, and may not appreciate the effects of those risks. Show them photos of accidents caused by stunts and discuss the effects of such decisions.

6) Speeding. Speeding reduces your teen’s control of the car, which, combined with the relatively less experience your teen has behind the wheel, can result in a crash. Worse, higher-speed accidents are more likely to result in serious injuries and fatalities.

7) Car safety. While Florida car accidents are a major risk for your teen driver, they are not the only risk. Make sure that you discuss issues such as parking and getting to the car safely at night, car maintenance, car break downs, and more.

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Underage Drinking and Florida Car Accidents

Published on: March 22, 2011 | By Flaxman Law Group

Underage drinking takes place with far more regularity than most parents want to admit. According to some studies, up to 40% of children have experimented with alcohol by the time they are in eighth grade. This means that 40% of children have experimented with alcohol by age 14 or so – well before they get behind the wheel of a car for the first time. Some of these teens will go on to drink on a regular or semi-regular basis. Underage drinking is a menace when it comes to getting the message across about drinking and driving.

The problem with underage drinking and driving is that it can be hidden. Parents often resist the idea that their underage child is drinking – let alone drinking and driving. Children, in turn, will sometimes go to great lengths to hide the fact that they are drinking from their parents – even if it means driving home drunk. Here is what parents must do to address the issue:

1) Bring up underage drinking first. Talking to your kids about drinking is important, because you want to explain why it can be dangerous. Your local police force likely has educational material about alcohol and drug use – they likely have materials you can use when talking to your child.

2) Next, bring up drinking and driving. Once you have had a talk about drinking, choose a separate time to discuss drinking and driving. This ensures that you don’t send a confusing mixed message: “drinking is wrong, but if you do, don’t drive.” Addressing the two separately allows you to address the unique risks of both. Again, your local police department can help provide you with statistics about Florida drunk driving accidents as well as educational materials you can use. Be specific in this talk – some teens think that “just one drink” will not make them unsafe to drive. It is your job that they understand the risks.

3) Create an agreement. Have your children sign an agreement with you, agreeing to call you if they need a safe ride home. Ask your child’s input about the agreement – they may want a promise that you don’t ask questions, for example. Create an agreement that you can both honor.

4) Watch your own mixed signals. If you drive recklessly, you could cause an accident – and you are sending the wrong message. If you don’t want your child to take risks on the road, you have to ensure you don’t, either.

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Car Stunts Can Mean More Florida Car Accidents, Especially Among Younger Drivers

Published on: March 17, 2011 | By Flaxman Law Group

While getting that driver’s license for the first time is a thrill and a sign of freedom for most teen drivers, there is mounting evidence that some drivers are abusing their driving privileges and using their cars to perform stunts that can easily lead to Florida pedestrian accidents and car accidents. According to the Centers for Disease Control (CDC), about 70% of participants in car stunts are young male drivers and the number of accidents resulting from vehicle stunts seems to be growing. The most popular stunts include:

1) Car surfing. In this stunt, a passenger rides on top of the car, on the running boards, or on the bumper while the car is in motion. In some cases, someone hangs outside of the vehicle while the car is driving. Some drivers speed up or go at increasingly higher speeds while car surfing. According to the CDC, car surfing alone has resulted in almost 100 fatalities. Those who “surf” on cars can easily lose their grip and fall onto the road or crash into overhanging branches or other objects.

2) Ghost riding. In this stunt, a passenger dances or stands on the outside of the car while a driver drives the vehicle, often at increasing speeds. This stunt is dangerous because the person on the exterior can easily lose their balance and fall off. It’s a simple way to become a Florida spinal cord injury patient and a simple way to sustain fatal injuries.

3) Skitching. This stunt mimics windsurfing: while the vehicle is in motion a passenger uses a rope or some other means to be dragged along behind the car on roller skates, roller blades, skateboard, or scooter. This can easily lead to collisions and pedestrian accidents if the person behind the car swings out of control. As well, the person behind the car can easily lose their grip or fall under a vehicle.

While these stunts are no doubt meant to be innocent fun, they are anything but. They can cause serious injuries and death. They can also lead to serious charges against any driver who partakes in such activities. Unfortunately, these stunts are often popularized on YouTube and other social media websites, making them seem fun for young drivers.

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Could Florida Ban Young Distracted Drivers?

Published on: March 10, 2011 | By Flaxman Law Group

Although the link between texting and driving and Florida car accidents has been well established, Florida has not yet passed a texting and driving ban. In the state, it is still legal for drivers to use mobile devices while driving, even though other states have banned the dangerous practice. However, a new bill has been proposed which would make it illegal for young drivers to drive distracted.

There is already a precedent for special rules for minor drivers. Young drivers are not allowed to have any alcohol while driving, are not allowed to have an excess of passengers in the car, and must obey graduated licensing laws where they exist. The idea behind such rules is that young drivers have less experience and are therefore more at risk of being in a car accident.

The Minor Traffic Safety Act bill would make it illegal for Florida drivers under the age of majority to use a cell phone while driving. Those who violate the law will receive a ticket. As well, if the act passes, it would require Florida drivers under the age of 18 to display a tag identifying them as minors. The bill would also make it illegal for school bus drivers to use mobile devices while driving.

Currently, there is a national texting ban for truck drivers and school bus drivers. Many states have passed laws which make texting and driving illegal for all drivers in that state. A few states have also banned the use of cell-phones while driving, although hands-free sets are still allowed.

Although Florida has attempted to pass similar rules, these bills have not been able to pass into law. Although these bills have wide-spread support, many people are so reliant on mobile devices that they do not want to see a text ban passed. As well, some law enforcement agencies have stated that enforcing any such laws would be very difficult as drivers tend to text below the level of the windshield or the car windows, making the activity hard to notice. The Minor Traffic Safety Act may be a step towards a more wide-spread ban, if it passes.

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Making Florida’s Roads Safer and Preventing Car Accidents

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

According to the Florida Department of Highway Safety and Motor Vehicles, there were 2430 fatalities in 2010 caused by Florida car accidents. This represents the smallest number of fatalities seen since 1978, even though the population of Florida has grown significantly since that time. However, while these numbers are cheering, the fact is that there are still too many deaths and serious personal injuries resulting from Florida traffic accidents. There are ways to help reduce these numbers even further:

1) Enact texting bans. Many legislators and experts have been calling for a text ban for drivers. Many states already have such bans in place to help prevent distracted driving. There is a well-established link between distracted drivers and accidents. According to the NHTSA, 448 000 people were injured and 5474 were killed in 2009 due to distracted driving. Of these injuries and fatalities, 24 000 injuries and 5474 fatalities were linked to cell phone use by a driver. However, the measure to ban texting has proven controversial. Currently, there are two bills which could be considered by Florida legislature: H.B. 79 and S.B. 158. Both would limit or ban the use of wireless devices in cars.

2) Encourage more public awareness campaigns and enforcement campaigns. According to the Florida Highway Patrol, increased seat belt use (due in part to public awareness campaigns) and efforts by law enforcement are partly responsible for the lowered Florida car accident fatality rates. Encouraging enforcement and public awareness can hopefully help to drop the numbers of injuries and deaths even more.

3) Enforce drunk driving laws. Florida drunk driving accidents are still a serious problem. In fact, according to the National Highway Traffic Safety Administration, 770 out of 2558 Florida car accident fatalities in 2009 were the result of drunk driving. Only Texas and California had higher rates of drunk driving fatalities.

4) Better training. A number of studies have suggested that graduated licensing and other programs designed to encourage additional driver training ensure that all drivers on the roads have the skills needed to stay safe. Ensuring that teens and young drivers get more training can help reduce accidents involving younger drivers.

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Can Online Learning Increase The Risk of Florida Car Accidents?

Published on: January 11, 2011 | By Flaxman Law Group

Since 2004, those seeking learners permit in Florida had the option of testing for their learners permit online. However, this option has been removed after officials discovered that over half of those who passed their learners permit test online could not pass the same test in person. The online learners permit test program officially ended with the close of 2010 after officials determined that the online testing option did not adequately test knowledge.

The change is meant to improve the safety standards for young drivers and new drivers. In 2009, a test of the online learners permit test was conducted when the Department of Motor Vehicles (DMV) re-tested 601 people in person. All of the examined persons had initialed passed their learners permit test online but 59% of these people were not able to answer enough basic rules-of-the-road questions in person to pass a learners permit test.

The online test was an additional source of revenue for Florida, with the state making up to three million dollars annually from the test. The online test was fee based, with applicants paying $20-$33 each for the option to take the test online. The in-person learners permit test has always been a no-cost option.

Police officers support the measure to enforce in-person testing for new drivers. Some have stated that the online option may encourage some applicants to cheat. As well, some police officers have expressed concern that those who cannot pass an in-person learners permit test may not have adequate knowledge of the rules of the road and may have a higher risk of causing Florida pedestrian accidents, car accidents, and other traffic accidents.

Now, applicants in Florida will need to pass their learners permit in persona at a tax collector’s office or at the Department of Motor Vehicles (DMV). It is unknown whether those who have already passed the test online will need to go through the process again. Currently, there are no reported studies to test the effects of online learners permit testing on Florida car accident rates.

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Prevent Teen Car Accidents in Florida by Having a Chat with Your Teens

Published on: January 7, 2011 | By Flaxman Law Group

Even though graduated licensing and awareness campaigns exist to alert teens of the dangers of drunk driving and other dangerous behaviors behind the wheel, statistics show that many Florida car accidents involving teens are still highly preventable. In many cases, these accidents are caused by teens who speed, drive distracted, or drive drunk. Even though teens may know that such behaviors are wrong, they sometimes still engage in these behaviors.

Experts believe that lack of driving experience, emotional immaturity, and a belief that dangerous behaviors won’t result in serious consequences ensure that teens still engage in risky and dangerous driving. According to MADD (Mothers Against Drunk Driving) and other advocacy groups, it is important for parents to sit down with their teen drivers to discuss dangerous driving. These discussions should include:

1) Set rules. It is important for parents to set rules with their teens. Rules for teen drivers can include things such as “no drinking and driving,” “no cell phone use of any kind while driving,” and “no more than two passengers at a time” can be good places to start.

2) An explanation of how dangerous reckless driving can be. Even though teens may have heard about the dangers of using a cell phone, drinking and driving, and speeding, they need to hear about these things from their parents, too. Keep in mind that many teens feel “it can’t happen to me,” which is why they go ahead and engage in risky behaviors. As a result, it is important to show how Florida car accidents can happen to them. Show them graphically what can happen in an accident – have them chat with Florida burn injury victims or others who have been injured in an accident. Contact your local MADD chapter and law enforcement – they usually have community liaisons and educational materials you can share with your teens. Strive to make the dangers of car accidents real.

3) Repetition. It’s a message that is worth repeating. The more often your teen drivers hear about the dangers of speeding, distracted driving, and drinking and driving, the more likely they are to take the message seriously. Have more than one talk with your teens and arrange for MADD or local law enforcement to visit your teen’s school.

4) Consequences. Make sure that you discuss the consequences for your teen driver speeding, driving drunk, or driving distracted. Make it clear what you will need to do in the event that your teen does decide to drive unsafely. Your teen should know that there are consequences to dangerous driving – even when it does not cause an accident.

5) Options. Give your teen options to driving unsafely. For example, make sure your teen knows that they can always call you (and preferably a few other family members) to get a safe drive home when they need it – no questions asked. Repeat the message often. If your teens know that there is a safe alternative and there will be no punishment, they are more likely to make the safer choice.

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Florida Car Accidents and ADHD

Published on: December 17, 2010 | By Flaxman Law Group

There are many medical conditions which require medical clearance before someone with these conditions is permitted to drive. A new study suggests that attention deficit hyperactivity disorder (ADHD) might be added to that list if communities want to prevent traffic accidents. The study, completed at the University of Toronto by Dr. Donald Redelmeier and a team of researchers found that a significant number of car accidents involving teen boys may be caused in part by behavior issues and behavior disorders caused by conditions such as ADHD.

According to the study, some accidents might be prevented if teen drivers with ADHD and other behavior disorders were compelled to get doctors’ approval before getting their license. According to Dr. Redelmeier, conditions such as ADHD can be compared to conditions such as epilepsy, diabetes, and narcolepsy. According to findings by Dr. Redelmeier and his researchers, drivers should have to show that they are controlling their conditions and are fit to drive.

Dr. Redelmeier and his team found that teens between the ages of 16 and 19 who had behavior disorders may have a higher risk of car crashes. Surprisingly, the study also found that teens with ADHD were more likely to be injured in pedestrian accidents involving cars. The study tested 3,421 teens who needed hospital treatment after a car accident. The study followed the teens over a period of seven years and found that 402 of the teens were diagnosed at some point with ADHD while 767 were diagnosed with some behavior disorder.

The study focused on teen boys between the ages of 16 and 19 because this group is the most likely to be involved in vehicle accidents. While this age group accounts for only 3% of drivers, they account for 6% of all traffic accidents. This is despite the fact that teen boys drive less than other age groups and enjoy better health than older age groups.

While the study may suggest a way of preventing Florida car accidents and even Florida pedestrian accidents, there are some limits to the study. Behavior disorders are notably difficult to diagnose, so it was difficult for researchers to ensure that none of the teen boys in the study were in fact not misdiagnosed. As well, the study did not consider whether the boys in the study were the cause of the accident.

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Florida Car Accidents Involving Teen Drivers

Published on: December 2, 2010 | By Flaxman Law Group

According to the CDC (the U.S. Centers for Disease Control and Prevention), teen drivers in rural areas have a higher fatality rate when it comes to car accidents than city teen drivers. According to the CDC, the highest fatality rate for young drivers is in Wyoming. In that state, about 60 car accident fatalities occur for every 100 000 people between the ages of 16 and 17. In New York and New Jersey, there are strict laws governing young drivers and these states have low fatality rates for teens – about 10 in 100 000.

In Florida, however, teen drivers seem to have a disproportionately high rate of car accident fatalities. In Alachua County, for example, there are only 22 345 residents who are between 15 and 10 years old. However, the county has seen 27 teen Florida car accident fatalities in five years. In Marion County, there are 15 419 teen drivers, but in the last five years, there have been 40 traffic fatalities involving teens.

Florida has launched a number of initiatives to help prevent Florida car accidents involving young drivers. For example, the Florida Highway Patrol’s Teen Driver Safety Week is a state-wide effort to reduce car accidents, distracted driving, and Florida drunk driving accidents involving teens. According to research released by the CDC, there may be good reason to target young drivers. The CDC reports that car accidents are the leading cause of death for US teens and Florida teens. One third of deaths among teens occur during car accidents.

Although fatal Florida car accidents involving teens declined 21% between 2008 and 2009, experts say there is still plenty of room for improvement. According to the Florida Department of Highway Safety and Motor Vehicles, teen drivers have the highest car accident rates of any age group. They are least experienced also most likely to take risks. In car accidents involving teen drivers, careless driving is the most common cause of accidents, followed closely by drunk driving.

Experts say that Florida’s efforts to rein in young drivers have been preventing car accidents involving young drivers. Graduated licensing, seat belt laws, strict drunk driving laws, and laws restricting teens from driving late at night all work together to ensure that teens are less often in dangerous situations which can lead to a Florida car accident. Despite this, however, Florida teens continue to die needlessly in car accidents and continue to suffer serious injuries as a result of car accidents. Many teens with serious Florida spinal cord injuries, burn injuries, and other life-long injuries sustain these injuries in car accidents.

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Distracted Driving a Concern for Law Enforcement Trying to Halt Florida Car Accidents

Published on: November 11, 2010 | By Flaxman Law Group

Some universities in Florida and across the country are starting awareness campaigns to warn student drivers about the dangers of distracted driving in a bid to reduce the number of Florida car accidents and pedestrian accidents. Campaigns such as the “Put Down Ur Cell Fone” campaign try to raise awareness among the students about distracted driving through on-campus signage and demonstrations. The message is clear: to reduce your risk of causing a Florida pedestrian accident or car accident, put away your cell phone when getting behind the wheel of your car.

Targeting student drivers may be a smart move, since according to some studies, drivers under the age of 20 have the highest number of drivers who routinely drive distracted. According to some statistics, up to 16% of under-20 drivers drive distracted. The dangers of this type of behavior are well documented. A study by the Harvard Center for Risk Analysis found that 6% of all car collisions are related to cell phone use. Cell phone use causes 636, 000 car accidents each year, and these accidents result in 330 000 injuries and 2 600 fatalities.

Cell phones are not the only danger. According to studies conducted by the National Highway Traffic Safety Administration and the Virginia Tech Transportation Institute 65% of near-accidents and 80% of all car accidents involve a driver who was distracted by some activity within three seconds of the collision or near-miss. Distracted driving can include texting, cell phone use, talking to passengers, adjusting music, searching for an item, eating, drinking, applying makeup, and any number of other activities. Researchers are very clear: don’t attempt to multitask while you drive.

Some states have banned texting while driving, but Florida so far has not taken that step. Nevertheless, law enforcement would like to see drivers voluntarily putting their mobile devices away when driving. Any distractions take away your focus and your eyes from the road. Even if this happens for only a few seconds, that is more than enough time for a Florida car accident to take place.

Distracted drivers face penalties for reckless driving. As well, if someone causes a crash because they have chosen to drive distracted, they can be held liable for the accident and can be sued. Insurance rates for such drivers also tend to increase. It is smartest – and safest – to put your entire focus on the road while driving.

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