Florida Bus Accidents Caused by Distracted Driving

February 20th, 2010

According to a study conducted last year by the National Highway Safety Traffic Administration, student deaths were 61 times more likely to occur in passenger vehicles than in school buses during normal commute hours. Although school buses are considered one of the safest vehicles on the road (largely due to the fact that it is typically the driver of a second vehicle who sustains injury in the event of an accident), that doesn’t mean that school bus travel can’t be made safer for student passengers. A total of 34 student deaths were caused by school bus accidents in the 1998-2008 decade. And many of those school bus accidents were caused by distracted driving.

As discussed previously, distracted driving can be visual, manual or cognitive. This means it can be defined as chatting on a cell phone, sending text messages, changing the radio station or programming a GPS—but it can also be as simple as focusing on thoughts outside of the realm of driving. These distractions are as unsafe for motorists as driving while under the influence. Would you want your child riding with a bus driver who’d had alcoholic drinks before getting behind the wheel?

Although 17 states have laws in place to prevent school bus drivers from talking on a cell phone while driving, Florida currently has no such laws in place. As with many traffic regulations, it’s often up to the motor vehicle operator to make smart and safe decisions to prevent accidents. Because of the nature of their transport and cargo, school bus drivers should go out of their way to focus on their driving at all times—not only when children are riding in the vehicle, but especially when they are engaging in secondary activities like speaking on a phone or radio.

A December 2009 school bus accident in Lecanto, Florida, was the result of the driver speaking on her two-way radio, which drivers are trained to use for official communications while transporting students. This activity caused her to drive into the back of one vehicle ahead of her, which was stopped at a red light. In turn, this vehicle hit the car ahead of it. The driver of the rear-ended vehicle was sent to the emergency room with serious injuries, while several students on the school bus were treated for minor injuries. If a driver can be so detrimentally distracted while using equipment they are trained to use while driving, how much more distracted could they be by using a cell phone or handheld mobile device while on the road?

Without the laws in place to enforce safety, only a personal commitment to attentiveness can keep drivers and their passengers safe from reckless driving accidents. Motorists can help ensure the safety of schoolchildren by following all school bus traffic laws, such as coming to a complete stop when students are boarding or leaving a bus. You can also do your part by petitioning for legislation which would make it illegal for school bus drivers to operate handheld devices while driving, and stricter penalties for reckless bus driving.

Do you know how to safely and legally operate around school buses? Read the Gross & Telisman article about school bus laws to learn what’s allowed in the state of Florida.

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Florida School Bus Laws

February 18th, 2010

In 1996, the Florida Department of Education deducted that most drivers don’t seem to know (or don’t seem to respect) school bus traffic laws. A study showed that 10,600 cars illegally passed school buses each day in the state of Florida. That’s almost two million illegal actions each year.

To determine whether or not drivers were aware of school bus laws and traffic signals, the state issued a survey which was presented to 4,540 motorists over a three-day period. This survey included questions relating to the current school bus traffic guidelines. Results of this assessment showed that many drivers were confused about their legal obligations while on the road in relation to school buses. There was also evidence of confusion about the signals buses use to communicate with other vehicles on the road.

However, the most alarming result of this survey was that most participants did seem to be aware of school bus laws. Officials were able to deduct that driver ignorance only accounted for a limited amount of illegal actions around school buses; most were credited to intentional or irresponsible choices made by drivers. In response, lawmakers were urged to instill more rigid penalties for drivers who illegally passing school buses. The Florida Department of Education also recommended that a greater emphasis be placed on educating new drivers about the laws governing school bus traffic. Although national guidelines monitor the production and regulation of school buses, it is up to the state and individual school districts to oversee and enforce traffic safety related to school buses, including public service announcements, road signs and bus driving signals.

Despite the progress made over the past ten years, there were 158 bus accidents in the 2008-2009 school year in state of Florida. Approximately 25 students died as a result of a school bus accident throughout the United States. One-third of these fatalities were a direct result of motorists failing to stop for school buses on the road. Another third can be credited to drivers who failed to exhibit caution around school bus stops, which are frequented by children on foot before and after school hours. For the safety of students, drivers should exhibit excess caution around school buses, bus stops and loading areas.

Here are the current laws governing school bus traffic:

• If vehicles are moving in the same direction as a school bus, they must always stop when the school bus stops to unload or pick up children.

• Cars must stay stopped until the bus signal has been withdrawn.

• Drivers on both sides of a two-lane or two-way street must stop for a school bus.

• If opposite traffic on a two-way road is separated by a raised barrier or unpaved median that’s at least five feet wide, drivers don’t have to stop for a school bus.

If you have been involved in an accident with a school bus where the driver was acting recklessly, you may be entitled to reparative awards. Please contact Gross & Telisman at your soonest convenience for a complimentary consultation.

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Oprah Says: Don’t Text and Drive

February 4th, 2010

Powerful pundit Oprah Winfrey is loaning her voice and persuasion to the important campaign against distracted driving, which includes talking on the phone, sending text messages, toying with car controls and consuming food or drinks. On January 18th, 2010, Oprah dedicated a segment of her popular talk show to expressing outrage about what she calls ‘America’s New Deadly Obsession.’ This episode was inspired by the fact that although recent studies have shown that distracted driving is very deadly, most of the population admits to frequently engaging in secondary tasks while driving.

With up to 6,000 preventable deaths caused by distracted driving in 2008, it’s time to finally take action against driver irresponsibility. You can pledge to make your vehicle a No Phone Zone and shut off or put away your phone while driving to contribute to a nationwide effort to save lives. You can also test what you know about distracted driving and learn even more at Oprah.com.

Here are some real facts about the dangers of distracted driving:

• Distracted driving is responsible for contributing to 80% of all auto accidents

• It is the primary factor for at least 18% of car crashes each year

• 16% of car accident fatalities were directly linked to distracted driving

• At any given moment, 812,000 drivers are operating vehicles while using a phone

• Talking on a cell phone is more dangerous and distracting than live conversations

• Texting is equivalent to the effect of consuming four alcoholic beverages

• Drivers under 20 years of age are more likely to be involved in these vehicle accidents

• The number of young drivers using handheld devices are increasing annually

• Drivers using handheld devices are four times as likely to get into crashes

• Using a cell phone while driving reduces driving-related brain activity by 37%

Figures are cited from Distraction.gov, where you can also find information about the federal ban on texting for commercial truck drivers, initiated by Transportation Secretary Ray LaHood in January 2010. LaHood is also responsible for initiating FocusDriven, a nonprofit organization dedicated to ending distracted driving in the United States.

Hopefully such national legislation will encourage individual states to enact similar life-saving laws. In Florida, there are currently no laws in place which limit or restrict driving while using a cell phone. In fact, this state has laws in place to prohibit regional jurisdictions from enacting similar laws. But you can do your part discourage distracted driving in South Florida by becoming a fan of the Gross & Telisman Don’t Text and Drive campaign on Facebook. This will let all of your friends know that you don’t support texting and driving, and help spread important information. You can also learn more about how to prevent distracted driving accidents.

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Distracted Driving Kills: How to Prevent an Accident

February 2nd, 2010

Although reckless driving is always against the law, and several states have outlawed talking on the phone (without a hands-free system) while driving, there’s been a strong demand nationwide for more explicit rules against using handheld mobile devices on the road. For example, texting and driving is a lead cause for concern; however, with the pace of technology these days, creating laws which strictly ban texting would seem a little behind the curve. Today, there are plenty of other ways drivers can become distracted while driving, including eating and drinking, using navigation systems, watching videos, playing music and even surfing the web.

Distraction while driving is difficult to categorize in such a way that all dangerous actions are indemnified. According to the Department of Transportation, distracted driving is defined by three governing principles:

•    Manual – Taking your hands off the wheel.
•    Visual – Taking your eyes off the road.
•    Cognitive – Taking your mind off of driving.

The last one, of course, is the trickiest to describe or penalize. Cognitive distraction can be anything from driving while under stress to daydreaming. Because you can’t really measure or prove mental distraction, it’s hard to create laws against such actions. But that doesn’t mean there aren’t ways to dissuade distracted driving.

Here are a few ways you can do your part to help reduce accidents:

•    Adjust all of your settings—such as air conditioning and music—prior to putting the car into drive. You can also let a friend navigate, even if you have a GPS.
•    Turn your cell phone off, put the ringer on mute or even toss it in the backseat to help you resist the urge to grab the phone to text or chat while driving.
•    If you call someone while they’re behind the wheel, let them know that they can speak with you once they safely reach their destination—then get off the phone.
•    Manage your time so that little tasks—such as grabbing a meal or putting on make-up—aren’t left over for when you’re behind the wheel.
•    Don’t think of driving as a window to plan your day or think about what needs to be done at your destination; always plan to fully concentrate on traffic.
•    Tell your friends and family that you don’t support texting and driving. It may seem like a small contribution, but simply voicing your concern and beliefs out loud will go a long way toward saving lives.

Another way you can do your part is to help spread the word. Gross & Telisman has launched a motivated campaign against distracted driving, helmed by an effort to spread the word against texting and driving. You can participate by becoming a fan of the Gross & Telisman Don’t Text & Drive campaign on Facebook. This will help spread vital information and allow you to encourage your friends stay safe on the road.

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Roads Get More Dangerous for Florida Bicyclists

January 14th, 2010

From 2003-2005, the national average of bicycling roadway deaths increased by 25%. In the state of Florida, this number was mirrored by a 23% increase of bike fatalities. In October of 2006, as part of an effort to decrease this number, a new law was passed which mandates that drivers must pass bikes with at least three feet of clearance. However, there’s good reason to suspect that this nuanced guideline won’t directly impede further bicycling accidents. If accidents can be credited to driver negligence, the difference between a one-foot barrier and three-foot barrier isn’t likely to protect bikers.

A 2006 study by the National Highway Traffic Safety Administration and the Virginia Tech Transportation Institute suggests that eight of ten bicycle crashes could be a result of distracted driving; namely, drivers looking away from the road. Because Florida doesn’t delineate examples of reckless driving, it’s difficult to determine what common denominators lead to the types of accidents that routinely kill bicyclists on the road. Inability to pinpoint these behaviors makes it difficult to accurately prevent recurrence.

Some suggestions for precluding this type of endangerment are stricter penalties for drivers and more thorough follow-up on the scene of a bicycle accident. Currently, a Florida driver responsible for a biker death must make a live appearance in court, where they may face one-year license suspension or up to $1,000 in fines—punishments which many bicyclists agree are not detrimental enough to protect lives. At the scene, motorists who may be held liable for a biker or pedestrian death are asked to voluntarily provide blood samples. Requiring all motorists to provide mandatory blood samples may help law enforcement to identify causality, punish lawbreakers and develop more specific ways to enforce safe shared roadway interactions.

Many experts agree that the only way to effectively decrease bike accidents on the road is to make all drivers and riders more aware of the risk factor by providing in-depth public education. Bicyclists are responsible for wearing the appropriate safety gear (with such attributes as reflective surfaces and rearview mirrors), being aware on the road and using appropriate signaling. Drivers must be made aware of biker vulnerability on the road and how to safely share the street and interpret signals. Making the roads safe for bikers is not only an important step which will save thousands of individual lives, but may also further encourage travelers to bike rather than drive, which will benefit the environment overall.

Any accident that is caused by the improper operation of a moving vehicle is a crime of negligence, and should be penalized to the fullest extent of the law. The auto accident attorneys at Gross & Telisman can expertly navigate the facts of your bicycling accident to determine who is at fault and how to get the best possible outcome for your case. Contact our offices at your earliest convenience for a comprehensive free personal injury legal consultation.

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5 Safe Boating Tips

January 12th, 2010

Boating accidents are considered an act of criminal negligence when injuries, damage or death incurred may have been preventable. In 2008, the United State Department of Homeland Security and the United States Coast Guard released a report stating that 13% of the year’s 4,789 boating accidents resulted in fatalities. The primary cause of all accidents and casualties was negligent operation of the vessel. The following tips will help boaters stay safe while they are operating a motor vehicle on open water.

1) Always stay alert. In 2008, the number one cause of boating accidents was inebriation. Drivers under the influence of alcohol were responsible for 276 accidents with 246 injuries and 146 deaths. Drinking not only impairs sound judgment, but also affects a driver’s manual dexterity and therefore restricts his or her physical ability to safely navigate a boat. Boat operators involved in accidents while under the influence typically suffer legal penalties similar to drivers within their state of vessel operation. Other examples of reckless operation include speeding, inattentiveness and inexperience.

2) Don’t overload or overcrowd your vessel. Drivers and passengers are often injured when they fall overboard or when a boat capsizes. One of the primary causes for these situations is a boat that is overcrowded with passengers or equipment. These may be overloaded or simply improperly stored. Passengers should always stay within safe travel perimeters of the vessel, such as areas designed for seating and standing. Boating gear should always be secured and stored in its proper location; loose, heavy or misplaced items can cause a ship to lose its balance or cause a passenger to injure his or herself. Only the prescribed number of passengers should occupy a boat, regardless of space.

3) Be aware of safety protocol and safety gear. All drivers and passengers should be aware of safety standards on their vessel. They should be aware of where safety gear—such as life jackets and flares—are located, as well as when and how to use them effectively. Drivers must also know how to signal other water vessels and operators on the open water; in any emergency, proper communication is vital. In case the driver is injured or otherwise incapacitated, a secondary passenger should also be made aware of the basic of boating operation, or at least how to contact the U.S. Coast Guard.

4) Plot your route and check weather conditions. Environmental factors such as weather and water conditions were responsible for 759 accidents or nearly 16% of all boating accidents in 2008. When planning a day at sea, boat operators should exactly chart their course of travel and frequently confirm weather conditions for every leg of their trip. This entails checking periphery weather which may affect travel conditions, including tides, waves, wind force and water currents in that area. While traveling, it’s important to also stay updated on changing environmental factors by satellite or radio.

5) Check the condition of your craft. Many marine accidents are caused by boats with broken or inaccurate equipment that is not detected until the craft is at sea. It’s important that a professional checks the ship from bow to stern before allowing it to be taken out on open water, especially after an extended stay in storage. Fuel supply is a major concern that should be addressed; it should not only be ascertained that a boat has adequate fuel, but that it isn’t leaking or expelling exhaust. Engines and other machinery on board should also be checked before a vessel endeavors to transport passengers.

The most important factor for a safe boating experience is to ensure that drivers and passengers are well informed about boating safety protocol and open water etiquette. Being an educated and alert boater won’t detract from your fun at sea, but an accident resulting in injury or death certainly will. Boat passengers and other water enthusiasts should also be aware of safe boating tactics. If a driver is not operating their vessel responsibly, don’t be afraid to speak up. You may help prevent boating accidents or save lives—one of which may be your own.

If you’ve been involved in a boating accident, you should immediately contact the experienced legal team at Gross & Telisman. As South Florida personal injury attorneys with over three decades of experience, we offer a thorough understanding of the laws and litigation involved in boating recreation. We can help you determine who is at blame and what compensation is owed for your injuries. First consultations are always complimentary.

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The Severity of Medical Misdiagnoses: South Florida Case Study

January 8th, 2010

Last year, South Florida was home to a major medical misdiagnosis lawsuit that may set new precedents for how juries should assign blame in this type of negligence case.

In 2003, Lisa Strong, a resident of Davie, Florida, went into the hospital for treatment of a kidney stone. Four months later she was released as a quadruple amputee—missing both of her legs and both of her arms. The loss of these limbs was blamed on medical misdiagnosis and doctor negligence. The hospital’s inability to act quickly and properly diagnose the source of Lisa’s pain led to the sepsis, which required emergency removal of her infected limbs. However, when all of the details were hewn out in court, blame was shuffled between one party and the next until the jury was unable to find anyone at all accountable for Lisa’s injuries, which meant that they inevitably ruled against Strong.

Although medical misdiagnosis was apparent, the legal system was stymied by placing exact blame on one particular party within the chain of command at the hospital. Without a conviction, Lisa Strong was unable to recover more than $850,000 in medical fees incurred by her traumatic experience. She and her two children have also been denied the reward of having local legislature come to their aid to ensure the penalization of guilty persons or simply allow them to move on with their lives. Considering the jury’s ruling a blatant oversight, Broward County Circuit Judge Charles M. Greene dismissed the final conclusion so that a new trial would have to be conducted.

This type of action is so rare within the legal framework of the United States that what equates to less than 0.5% of all civil trials are subject to a judge overriding the jury’s findings. The doctors on trial have appealed the judge’s ruling in this case, further delaying a final verdict for Lisa Strong. Nearly seven years after the original presentation of kidney stones and her subsequent life-altering hospital visit, Strong would be fortunate if her case were resolved anytime in 2010.

Some could say that Lisa Strong got off easy—she survived this drastic medical misdeed with her life. Preventable medical errors were held responsible for approximately 195,000 cases in each year for 2000, 2001 and 2002; furthermore, 90% of medical malpractice suits which go to court include permanent injury or death. Medical misdiagnosis may be caused by time or condition constraints (such in cases of urgent or triage care), uncommon presentation of symptoms, miscommunication, judgment errors or personal oversight.

If you or someone in your care believes they have suffered from medical misdiagnosis, the most important thing you can do to further protect yourself is to keep close record of all facts and records, and to act quickly with the aid of an experienced medical malpractice attorney. For a thorough and discreet consultation of your case at no cost, contact Gross & Telisman. Our specialized medical malpractice lawyers and expert consultants will help you receive the financial recompense and peace of mind that you deserve.

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Motorcycle Safety, Part Four: Motorcycle Safety Gear

December 29th, 2009

The correct gear will help bikers avoid injury in the event of a motorcycle accident. According to a recent study conducted by West Virginia University, states that mandate motorcycle safety gear report fewer motorcycle accident hospitalizations than those that don’t require such protection. Motorcycle safety gear includes:

•    Helmets. Florida mandates that bikers under the age of 21 wear helmets; for others, a requisite amount of insurance is needed to ride without a helmet. Passengers are required to wear helmets in most states. Helmets should be comfortable to wear, and secured with a strap; they come in different sizes, so be sure to procure the right size. Federally approved helmets bear a Department of Transportation (DOT) label which lets consumers know they are buying a safe, dependable product that is manufacturer-certified.
•    Eyewear. Goggles or non-break glasses should be worn to protect the eyes from dirt and debris, even when a bike provides a windshield. Helmets with face shields should be well-ventilated to prevent fogging. Tinted eyewear is a good option for day, but should not be worn at night.
•    Earwear. Those who ride frequently may want to buy ear covers or ear plugs to protect their hearing from long-term exposure to winds and engine noise.
•    Gloves. Non-slip gloves or those with grips are preferred. Gloves that cover the wrists provide added protection, and may also serve as a place to secure long sleeves. Florida bikers may prefer gloves with cut-outs for ventilation.
•    Shoes. Non-slip, enclosed, durable shoes are preferred. Shoes that cover the ankles and shoes without laces are good options for biking. Boots are a popular choice of footwear for bikers.
•    Clothes. Most skin should be covered at all times to protect it from the elements. Clothing should not be baggy or include elements that dangle or drape from the body. Shorts and skirts should never be worn by motorcycle drivers or passengers. Thicker, sturdier materials will reduce abrasions in the event of a motorcycle accident. Breathable fabrics such as cotton denim might be preferred by bikers in Florida.
•    Jackets. Upper body coverage should be worn at all times; leather is an excellent protective material. Despite the heat, Florida motorcyclists are better protected by a jacket with long sleeves than simply a vest; nylon jackets or jackets with built-in vents may be more comfortable. Jackets or vests should incorporate bright colors or reflective materials to alert other motorists of motorcyclists at night.

For more about motorcycle safety, such as Florida motorcycle laws and how to avoid motorcycle accidents, read parts one, two and three of this series. If you have been injured in a motorcycle accident and believe that a third party is at fault, contact Gross & Telisman for a free consultation.

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Motorcycle Safety, Part Three: How to Avoid Motorcycle Accidents

December 24th, 2009

Many motorcycle accidents can be avoided by drivers who are alert, aware and well-prepared for their trip. Here are some tips to avoid accidents while on the road:

•    Buy the right bike for your needs. Sports bikes are different than highway bikes. Some motorcycles are built to sustain longer trips, while others are built for speed. Your height and weight may also determine the size and model of bike that’s best for you. Know what purposes you want your motorcycle to serve, and research what specs and accessories are suitable prior to purchasing your bike.

•    Plan your trip in advance. Be aware of weather conditions in the areas where you will be biking, and try to avoid rural roads or roads that are under construction.

•    Watch out for wild and domestic animals. Unpredictable wildlife from rogue deer to pet dogs can cause major distractions and subsequent injury.

•    Check your bike before each trip. Tires, gas, oil, lights, signals, brakes and chains should all be tested before you take your motorcycle onto busy roads at high speeds. Your owner’s manual and a small tool kit should always be with the bike.

•    Be aware of the primary causes for motorcycle accidents, and make sure you are equipped with the right safety gear in the event of a motorcycle accident.

•    Practice defensive driving. Motorcycles should stay one car length behind other vehicles on the road. They should stay out of blind spots and within driving lanes at all times. Motorcyclists should always use proper signaling as well as hand gestures where needed. Most motorcycle accidents occur at intersections, so bikers should be especially cautious when approaching crossroads.

•    Practice safety maneuvers. Motorcycles require a lot of practice to learn how to make quick turns, change lanes, stop suddenly and swerve from obstructions. New bikers should practice frequently so that they are prepared to initiate such maneuvers at high speeds.

•    Familiarize with motorcycle laws and guidelines. Although motorcycle laws vary by state, it’s the driver’s responsibility to learn what licensure and insurance guidelines are followed in the state of the bike’s ownership. Helmet and permit laws are important to know as well. Read about Florida’s guidelines here.

Not even the safest driver can avoid all accidents, especially when another driver is to blame. If you have been involved in a motorcycle accident and believe that another party should be held responsible, you may be able to file a claim and seek legal retribution for property damage, personal injury or wrongful death. Learn how the experienced motorcycle accident attorneys at Gross & Telisman can help you achieve the justice you deserve. Contact us to schedule your complimentary consultation.

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Motorcycle Safety, Part Two: What Causes Motorcycle Accidents

December 22nd, 2009

According to the National Highway Traffic Safety Administration, approximately 80% of all motorcycle accidents result in severe injury or death (as compared to 20% for motor vehicles). The primary reason that motorcycles are so dangerous is because in the event of an accident, drivers are given very little protection from external damage. Cars not only provide a protective structural shell, but also provide several built-in safety features, such as seat belts and air bags.

Here are some additional factors that can lead to motorcycle accidents:

•    Inexperience. Motorcyclists who have not attended a safe biking course are at risk for accidents. New drivers and those who are borrowing a bike that does not belong to them are especially susceptible. All motorcycle operators should be aware of the location and functionality of all driving and braking controls on the bike they are about to use, even if they have previous biking experience. Reading the bike’s ownership manual and practicing with the bike can prevent accidents.
•    Unsafe driving. Motorcyclists must follow specific defensive driving techniques to avoid accidents. Failure to obey these rules may lead to injury or death. All standards traffic laws should be obeyed by motorcyclists at all times. Make sure you have the proper safety gear and know your driving route.
•    Unsafe braking. Brakes should be tested prior to every motorcycle trip. Always avoid sudden braking. The front brake should always be used to slow down, but both brakes should be applied when you want to stop your motorcycle. A locked wheel, which can be caused by faulty braking, will cause bikes to skid and crash.
•    Roadways. Motorcycle accidents can be caused by the surface being treaded by motorcycle tires. Two-wheel motorcycles require balance and precision to stay upright, so slick or uneven pavement may disturb riders’ coordination and cause the bike to spin or fall. Many bikers choose to travel in the rough patches caused by car tires for extra grip. Debris and crevices in the road can lead to accidents, so motorcyclists must pay careful attention to street ahead.
•    Wrong fit. Unlike cars, motorcycles vary a great deal in terms of fit and size, which can affect how the vehicle is operated. Motorcyclists should be able to sit astride a bike and touch both feet to the ground. Furthermore, if a passenger is riding with the bike operator, both parties must be able to sit comfortable and securely on a two-seater bike with the correct hand- and foot-holds in place, and the weight of the bike should still be manageable for the driver.
•    Weather. Weather variables are especially crucial to motorcyclists, due to the exposure of riding as well as the unique stability and balance of a bike. For long trips, bikers should always be sure to check the weather in the areas where they will be traveling. Heavy rain, high winds and icy roads are major danger factors for motorcyclists.

If your motorcycle accident was caused by another driver or negligent third party, you may be able to recover money damages. To find out if you are entitled to money damages, contact Gross & Telisman for a free consultation.

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