Distracted Driving

April 8, 2020

Don’t Text and Drive: April is Distracted Driving Awareness Month | Whittel & Melton

Distracted driving is a huge issue across the United States. Texting while driving is the riskiest of the distracted driving behaviors, but other distractions include applying makeup, adjusting the radio, drinking coffee, and talking on your phone. When you allow distractions to take over your train of thought when you are behind the wheel, you rob yourself of those few seconds that you may need to avoid a close call or a deadly accident.

This was the case of Liz Marks. Like most of us, she always had her phone close by, and thought texting while driving was no big deal because everyone does it. Sadly, she learned just how big of a deal texting while driving can be. While she survived, she now has life altering injuries that will affect her for the rest of her life.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accounted for 2,841 lives in 2018. Here is the breakdown of those killed: 1,730 drivers, 605 passengers, 400 pedestrians and 77 bicyclists. The NHTSA leads the national effort to save lives by preventing distracted driving. That is why this April, as part of National Distracted Driving Awareness Month, the NHTSA is teaming up with State and local law enforcement to save lives and make our roads safer by combating distracted driving through their U Drive. U Text. U Pay. campaign. They are working together, along with road safety organizations and advocates, to remind Americans that distracted driving can result in costly consequences. From April 11 to 15, law enforcement will also be making a special effort to identify and ticket anyone who insists on risking their safety and that of others by driving distracted.

Our Florida Injury Attorneys at Whittel & Melton fully support the NHTSA’s mission to put a stop to distracted driving. We want everyone to take National Distracted Driving Awareness Month as a time to regroup and take responsibility for making safe choices every time we get behind the wheel. The NHTSA recommends the following safety tips to get to and from your destinations safe and sound:

If you need to send or read a text message, pull over and park your car in a safe location. This is the only time it is safe to send or read a text.
Make your passenger be your “designated texter.” Give them access to your phone to respond to calls or messages.
Just like texting and driving is dangerous, so is engaging in social media. Like Liz Marks, many of us struggle with texting and driving. Our cell-phone use can be habit forming, so if you cannot put the phone down, then put it somewhere you cannot access it while driving. You can put your phone in the trunk, glove box, or back seat of the vehicle until you arrive at your destination.

Florida Wireless Communications While Driving Law

Section 316.305, Florida Statutes allows law enforcement to stop motor vehicles and issue citations to motorists that are texting and driving. A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers or symbols into a wireless communications device to text, email and instant message.

Section 316.306, Florida Statutes, is a prohibition on using wireless communications devices in a handheld manner in school and work zones. A person may not operate a motor vehicle while using a wireless communications device in a handheld manner in a designated school crossing, school zone or active work zone area. Active work zone, as it pertains to Section 316.306, Florida Statutes, means that construction personnel are present or are operating equipment on the road or immediately adjacent to the work zone area.

Educate Others of the Dangers of Texting and Driving

Please remind your friends and family that if they are driving, then their focus needs to be on the road. They should not be taking phone calls, texting, eating food, or doing anything else that distracts them from driving.

If you are a passenger in a vehicle and your driver is texting or otherwise distracted, tell them to stop and focus on the road.
Ask your friends to join you in eliminating distractions while driving. While this may seem like a small effort, you could actually save a life.
The NHTSA urges you to share your pledge on social media to spread the word—#JustDrive.

Our Florida Injury Attorneys at Whittel & Melton are supporting the NHTSA this April, and throughout the year, to work together to spread this life saving message: U Drive. U Text. U Pay.

August 22, 2019

New Florida Bill Aims to Outlaw All Forms of Distracted Driving

by Whittel & Melton, LLC

A new bill in Florida could ban drivers from putting on makeup, holding a cellphone, reading or performing other distracting activities.

This falls under a new bill unanimously approved by a Senate committee Wednesday.

The Senate Innovation, Industry and Technology Committee approved the measure after heart-wrenching testimony from parents whose children have been killed in accidents caused by distracted drivers.

Republican Sen. Wilton Simpson said distracted driving has become an epidemic in Florida, and not just involving cars hitting other cars.

“Bike riding, hiking, jogging — all of those things — we’ve had record numbers of deaths in this state by distracted driving,” Simpson said.

As it stands now, it is illegal to text and drive in Florida, but drivers can only be ticketed if they are first pulled over for another reason. Simpson’s bill would make distracted driving a primary offense, meaning law enforcement wouldn’t need another reason to ticket a driver. If enacted, Florida would ease into the law by creating a three-month period where law enforcement would only give warnings. After Dec. 1, police would be able to issue tickets.

Hands-free cell phone use would be allowed, and drivers would be able to check their phones as long as their cars aren’t moving, such as at a stop light or while idling in a parking lot.

Law enforcement officers would also have to record the race and ethnicity of ticketed drivers and an annual report would have to be given to the governor, House speaker and Senate president. Democratic Sen. Randolph Bracy asked for that provision to be included due to concerns that a distracted driving ban could be used for racial profiling.

Several parents who lost children in accidents urged the committee to approve the bill.

The Senate bill has been unanimously approved in its first two of four committee stops. A similar House bill hasn’t been heard in committee yet, but House sponsor Rep. Jackie Toledo said House Speaker Jose Oliva has promised it will get a hearing.

It is really no exaggeration to say that distracted driving is an epidemic, and not just in Florida, but throughout the U.S. With advancements in technology, we have seen an exponential increase in the number of drivers distracted by talking, texting or surfing the Internet while operating a car or truck. If you or a loved one has been injured in a distracted driving accident, our Florida Auto Accident Attorneys at Whittel & Melton can help.

Distracted driving kills. Distracted driving resulted in 3,166 deaths in 2017, according to the National Highway Traffic Safety Administration (NHTSA). Despite these alarming statistics, people throughout the state and country, especially the youngest and most inexperienced drivers, continue to endanger themselves, their passengers and other drivers sharing the roads by talking or texting while driving.

As car accident attorneys in Florida, we have seen far too many cases of serious injuries and death caused by distracted drivers. We are more than familiar with how to pursue claims for these injuries and deaths. We fight aggressively against negligent drivers and insurance companies that refuse to offer fair compensation for damages. While we strive to settle these cases through skilled negotiations, we are not afraid to take your case to trial if necessary.

Distracted driving is defined as any action that can take a person’s attention away from the primary task of driving. Text messaging is known as the most dangerous distraction, but there are others, such as:

Talking on a cell phone

Eating and drinking
Interacting with passengers
Personal grooming, like applying makeup
Reading, including maps
Watching videos
Adjusting a radio or other audio player
Using a navigation system

June 24, 2019

Driverless Trucks to Hit Florida’s Highways Next Year

by Whittel & Melton, LLC

Driverless semi-trucks could be sharing Florida highways as early as next year, according to recent reports, and there will be no requirement that surrounding motorists know it.

These autonomous driving systems will not need to be tested, inspected, or certified before being deployed under a new state law that takes effect July 1.

Starsky Robotics, a San Francisco-based startup company that’s been testing its driverless trucking technology in Florida and Texas, has put out a call for job applicants who one day want to pilot big rigs remotely.

Starsky envisions its remote drivers logging onto computers in an office environment to take the reins of its trucks during the first and last miles of their long hauls.

That means the trucks will be on autopilot for the vast majority of their highway journeys.

Driverless deployments should begin in Florida by the end of 2020, Starsky says.

That’s much sooner than 2027, the year consulting firm McKinsey & Company projects fully driverless trucks will be ready to hit the highway.

On Thursday, Gov. Ron DeSantis signed the bill enacting the law in a ceremony at SunTrax, the state’s new autonomous vehicle testing track in Auburndale.

While the law will also open the door for ride-sharing companies such as Uber and Lyft to deploy fleets for commuter use, DeSantis’ signing ceremony was staged in front of a Starsky-branded semi-truck.

Co-sponsored by Rep. Jason Fischer, a Duval County Republican, and Sen. Jeff Brandes, R-St. Petersburg, the new law replaces an existing one that required a human driver be present and able to take over driving chores in autonomous vehicles operating on public property for any other reason than testing.

Brandes, Fischer and other proponents of driverless vehicle technology say automated systems will make transportation safer by removing the potential for human error. Driverless technology proponents envision a day in the not-too-distant future in which most driving becomes automated, freeing commuters to stare into their smartphones or their dashboard video screens.

The safety requirements under the new state law are limited.

Companies will be allowed to deploy their systems with no state inspection or certification.

Owners of autonomous commercial vehicles will be required to carry at least as much liability insurance as the state requires for commercial vehicles driven by humans. Currently, that means a minimum level of $300,000 in combined bodily liability and property damage coverage for trucks with a gross vehicle weight of 44,000 pounds or more, and lesser amounts for lighter vehicles.

Autonomous vehicles used for “on-demand” networks must be covered for at least $1 million for death, bodily injury and property damage, the law states.

Autonomous vehicles also will be required to achieve what’s called “minimal risk condition” — such as coming to a complete stop and activating their hazard lights — if their operating systems fail.

Existing traffic laws requiring drivers to promptly notify law enforcement agencies of crashes and then remain on scene to provide information or render aid will be exempted if law enforcement is notified by a vehicle’s owner or by the vehicle’s automated system.

When asked how Starsky Robotics plans to assure Floridians of the safety of the company’s driverless trucks, Starsky founder and CEO Stefan Seltz-Axmacher said only that the company, founded in 2016, has been working with all relevant authorities, including the Florida Department of Transportation, Florida Highway Patrol, the Florida Turnpike Authority, and those agencies’ federal counterparts.

The company has also developed a “Voluntary Safety Self-Assessment,” based on recommendations from the National Highway Transportation Safety Administration, that will guide how its vehicles will react to unforeseen circumstances.

Starsky this week launched a campaign titled “The future of driverless trucking is not driverless” to attract recruits willing to drive in its fleet of 36 traditional over-the-road rigs before — if they make the cut — transitioning to the autonomous truck side. Those drivers will work at a computer in a fixed location and go home to their families between shifts, the company said.

In Florida, the company will locate its remote drivers at its facility in Jacksonville, a spokeswoman said.

The company currently has three trucks capable of autonomous operation but expects to have up to 25 by next year as it begins removing human drivers. Florida will be among the first states where it will run driverless trucks.

The company completed a seven-mile driverless test on a closed-off rural road near Lake Okeechobee in February 2018. It expects to conduct another test sometime this year, Seltz-Axmacher said.

This new wave of autonomous trucks is propelled by the rapid growth of e-commerce, retailers such as Amazon are busy automating as much of their supply and delivery chains as possible, and shipping is a major cost component ripe for disruption, according to reports.

Keeping drivers on the road for a month at a time has become a huge problem for the trucking industry, where the turnover rate for at large carriers averaged 89 percent in 2018 — two points higher than the previous year, according to the American Trucking Association.

Consumers’ demand for cheap goods and cheap shipping costs means haulers want to pay truck drivers cheap wages. That contributes to a 60,000-driver shortage in the U.S.

Paying someone $50,000 to $60,000 a year isn’t enough to keep them behind the wheel of a truck for a month, so the logic to solving that is to remove a person from the cab entirely.

Florida is not just testing out driverless big rigs. In Clearwater Beach, they are testing out driverless buses. Orlando is testing out a small driverless bus that soon will maneuver around Lake Nona. Driverless shuttles could be cruising Bay Street in downtown Jacksonville very soon. And in just a few months, Gainesville residents will be among the first in the state to travel for free through their town in a driverless shuttle.

Driverless cars, buses, shuttles and semi-trucks are officially upon us and no longer just a thing of the future. These autonomous vehicles have been designed with cameras, sensors, artificial intelligence and algorithms to replace human drivers and eliminate human error, which is one of the leading causes of truck accidents, car accidents and bus accidents across the country. The hope is for these driverless vehicles to operate safer than human drivers, who can become distracted, drunk and careless when behind the wheel.

Much like everything else, nothing is perfect and these driverless vehicles can absolutely find themselves involved in an untimely collision. This will bring a whole new wave of car accident lawsuits, and it will certainly be interesting to see how these claims play out. Just like regular auto accidents between human drivers, driverless motor vehicle crashes will require thorough investigations to determine liability.

May 15, 2019

Florida Agencies Preparing to Enforce New Texting While Driving Ban

by Whittel & Melton, LLC

Florida’s new distracted driving law, or texting while driving, goes into effect July 1, and law enforcement agencies across the state are preparing for how they will enforce it.

As far as enforcing the rule, a Hillsborough County Sheriff’s spokesperson said it will be done on a case-by-case basis.

The Sheriff’s Office said texting violations will be treated like any other primary offense traffic violation.

Deputies expect challenges from drivers trying to find loopholes around getting a citation, because they exist.

According to officials, drivers can still use their GPS, look at weather or traffic alerts, or call in an emergency.

Traffic judges might see more work as a result.

Pinellas County Sheriff’s officials said their enforcement will go through an education period. They’ll give out a warning the first time.

But drivers better make changes, because getting pulled over multiple times for texting while driving will end up in a ticket.

A hands-free requirement while driving in school and work zones goes into effect in October.

Citations will not be handed out for this violation until January 1, 2020.

This new law that makes texting while driving a primary offense as opposed to a secondary offense is meant to curb dangerous and deadly behavior while behind the wheel. Distracted driving accounts for more teen deaths than drunk driving, and kills 9 people of all ages every day across the U.S., according to the Centers for Disease Control and Prevention. Car crashes in Florida rose by 11 percent from 2013 to 2016, but collisions caused by problems stemming from distracted driving, like drifting out of a lane, sideswiping another car or simply blowing through a stop sign, increased by 40-50 percent.

If you or someone you love has been injured in a distracted driving accident, our Florida Injury Attorneys at Whittel & Melton can investigate your crash thoroughly and determine if the other driver involved in your accident was using their cellphone or otherwise driving while distracted. We will use this evidence to establish that the other driver was indeed at fault, which may result in a more favorable outcome when pursuing financial compensation.

February 28, 2019

Distracted Driving in Florida: Proposed Law Makes Petting Dog, Applying Makeup Behind Wheel Illegal

by Whittel & Melton, LLC

Holding your phone, putting on makeup or petting your dog while driving could all be illegal in Florida if state legislators pass a new bill that outlaws distracted driving.

Rep. Jackie Toledo and Sen. Wilton Simpson, who are sponsoring the legislation, contend Florida needs stricter laws for safer roads. They feel the best way to keep drivers and pedestrians safe is to eliminate distractions behind the wheel and put the focus back on driving.

“The focus of this bill is to save lives and get people’s behavior to change,” said Toledo, R-Tampa. “While you’re driving, you should be focused on driving.”

But opponents say the proposed law is too broad and raises concerns about racial profiling and unequal enforcement.

Currently, Florida drivers can hold a phone in their hands. But using one to text, write emails or send other messages is a secondary offense, meaning police officers must have another reason to pull someone over before they can issue a citation. They also need evidence that the driver was using the phone to send a message.

Toledo and Simpson, R-Trilby, filed bills that originally sought to make holding a cellphone while driving a primary offense. This would mean law enforcement would not need to prove an individual was writing a message.

But the legislation took a new direction in a Senate committee hearing last week. Senators on the Infrastructure and Security Committee decided to broaden the bills and target any action that distracts a driver.

The amended legislation lists several tasks that would be illegal while behind the wheel: reading, writing, performing personal grooming, applying a beauty aid or similar products, interacting with pets or unsecured cargo, and using a “personal wireless communications device” such as a cell phone.

The bill also includes a clause that could apply to any number of actions not listed: “engaging in any other activity, conduct, task, or action that causes distraction.”

That provision could be a problem, according to Sen. Jeff Brandes, R-St. Petersburg.

“This gives law enforcement license to pull anyone over at any time for anything,” he said. “It’s completely subjective,” and would lead to uncertainty about what is and isn’t legal.

Sen. Darryl Rouson, D-St. Petersburg, signed on as a co-sponsor of the Senate bill when it dealt with cell phone use while driving. But he said the broader nature of the amendment makes him think twice about supporting it going forward.

“I understand the intent and purpose,” Rouson said. “But what creeps into this is what constitutes a distraction and can it open drivers up to profiling or discriminatory treatment based on culture or personal choice.”

Currently, Florida is one of three states that doesn’t allow law enforcement officers to pull drivers over just because they are on their cellphones. It is currently a secondary offense, meaning officers can cite drivers for texting only after stopping them for other reasons, such as speeding. The current offense brings a $30 fine, plus local add-on fees.

The bills, if passed, would give Florida some of the toughest laws against distracted driving in the nation.

Florida is one of the worst states in the country for distracted driving. According to the state department of Highway Safety and Motor Vehicles, there were almost 50,000 crashes involving distracted drivers in Florida in 2016. This breaks down to more than five crashes every hour. These distracted driving crashes accounted for more than 3,500 serious injuries and 233 deaths.

Distracted drivers can cause severe accidents resulting in catastrophic injuries and even wrongful death. If you or a loved one has been injured in an accident caused by a distracted driver, our Florida Auto Accident Attorneys at Whittel & Melton can help.

We can investigate the cause of your crash and determine if the other driver involved was using their cellphone or engaging in other acts of distracted driving, like eating, applying makeup, or even tending to a pet. We can use this evidence to establish liability, with the hopes of obtaining financial compensation for your losses.

November 28, 2018

State Lawmakers Push to Tighten Texting-While-Driving Laws

by Whittel & Melton, LLC

A deadly Sunday crash that killed a cyclist and injured six others in South Florida is sadly the latest reminder about the dangers of distracted driving.

Investigators are still working to piece together what happened, and state lawmakers are continuing their push to strengthen Florida’s traffic laws in the hopes of making people safer on the road.

And it’s not just lawmakers calling for change. Families who have lost loved ones are joining in the effort, saying the laws don’t do enough to crack down on texting while driving.

Legislation has been trying to enhance existing laws since 2015, but concerns about racial profiling and potential privacy issues have put the brakes on any substantial change.

Under the latest proposal, drivers could still use cell phones for navigation. To talk on their phones, however, they would be required to use a hands-free device.

Last year, state Sen. Audrey Gibson of Jacksonville, now the Senate Minority Leader, suggested that moving to hands-free devices would erase concerns about racial profiling.

Keeping with current law, the legislation allows for cell phone records to be accessed in cases dealing with deal or physical injury. That could curb some of the privacy concerns voiced in years past.

Though this year’s version of the bill has not been assigned to any committees yet, lawmakers will return to Tallahassee in December for the first rounds of committee hearings.

On highways, interstates and roadways throughout Florida, drivers who allow distractions to interfere with their driving cause serious accidents that can lead to fatalities. If you or a loved one has been injured in an accident caused by a distracted driver, you don’t need to go through this difficult time on your own. Our Florida Auto Accident Attorneys at Whittel & Melton can help.

We will investigate your case and determine if the other driver involved in your accident was using their cellphone or otherwise driving while distracted. We can use this evidence to establish liability, so that you can seek financial compensation for your losses.

May 18, 2018

Memorial Day Weekend: Keep Safety On Your Mind

by Whittel & Melton, LLC

Memorial Day is approaching and that means a long weekend and the start of summer! Whether it is at the pool, on a boat, or at a barbecue, plans are usually made to enjoy this time and relax with good friends and family.

We should not forget that this is a time to pay tribute to the brave men and women in the military who died in the line of service to the United States and defending our freedoms.

Spending the time with loved ones may mean a celebration at home or travelling to other places. Regardless of your plans, safety and common sense should be utilized to keep everyone free from harm. No one wants to have to spend their long weekend in the emergency room!

Our Florida Injury Lawyers at Whittel & Melton have compiled a few safety tips to get you through the Memorial Day Weekend safely:

Grill Safely: Make sure your grill is cleaned of grease, dust, and checked before use. Do not grill in an enclosed space that could catch fire.
Swimming or Boating: Refrain from consuming alcohol when swimming or boating. Do not swim alone. Wear lifejackets on boats. AND ALWAYS supervise young children at all times to avoid drowning and near drowning tragedies.
Travel Safely: In 2017 the National Safety Council estimated that holiday traffic injuries and deaths have climbed upward in the last two years. Because of this, we urge you to never drink and drive, wear your seatbelt every time you get inside a car, make sure children are in the proper safety seats for age and weight, refrain from distractions while behind the wheel, and make sure you are well rested before making a long trip.

If you or someone you love has been seriously injured or suffered a wrongful death, call us immediately at 866-608-5529 or contact us online. We offer free initial consultations and are available 24/7, so you can ask all of your questions and get the help you need.

December 21, 2017

The Holidays Are Here, Drive Carefully!

by Whittel & Melton, LLC

The holiday season is a time for joyful celebrations and enjoying time with friends and family. It is also a high-risk time to be on the roadways. Christmas, New Year’s, and the days surrounding these holidays are days when there is a substantially higher number of auto accidents and crash fatalities than other times of the year. If you or someone you love is injured or killed in a holiday car accident, our Florida Auto Accident Injury Lawyers at Whittel & Melton are here to help you through.

Christmas and New Year’s are all at the top of the list of high-risk days for drivers. These holidays see some of the year’s highest accident rates, along with Thanksgiving, Memorial Day, Labor Day, and Independence Day. The increase in fatalities and serious injury accidents on these holidays is substantial, with motorists facing a dramatically increased chance of being involved in a crash.

The Christmas holiday period includes Christmas Eve, Christmas Day, and the day after Christmas. During this holiday time, an average of 343 people die in motor vehicle accidents. New Years is also defined as a three-day holiday period including New Year’s Eve and New Year’s Day. Over New Year’s, an average of 373 people die in car accidents. Why? More drivers on the roads and more drunk drivers are two primary reasons for the rise in car accident deaths on both Christmas and New Year’s.

Drivers need to be aware of the added dangers of driving on these holidays and should take precautions to try to protect themselves from becoming accident victims. There are a few things you can do to make sure you are set up well for travelling this holiday season.

Make sure your car is in good condition before traveling.
Get plenty of rest to avoid drowsy driving.
Check road conditions to be prepared for adverse weather and avoid driving during storms.
Try to limit travel time to daytime rather than driving at night when the accident risks are greater.
Stay sober and avoid alcohol and drugs.
Don’t succumb to distractions when driving!

If you or someone you love is the victim of a crash on any day or holiday, our Florida Auto Accident Lawyers at Whittel & Melton can provide assistance with pursuing a case for financial compensation for crash injuries or wrongful death.

October 31, 2017

Halloween Safety Tips

by Whittel & Melton, LLC

Halloween is tomorrow and our Florida Injury Lawyers at Whittel & Melton want everyone to remember to make safety a part of your celebration at home, at a party, or while trick or treating. Please keep the following safety tips in mind for happy Halloween memories:

Trick or Treating Safety

Children under the age of 12 should be accompanied by a parent or responsible adult while trick or treating. With older children, curfews should be established. Encourage teens to stay with a group and make sure you know what route they plan to use.
You can reduce the risk of a pedestrian accident by using flashlights and glow sticks when trick or treating. These will allow motorists to see your trick or treater on the street. We also encourage you to dress your children in costumes with reflective material, lighter colors, and free from excessive material, which could prompt a slip and fall accident. Proper footwear is essential in preventing falls, too. Avoid wearing masks that are too large, which can obstruct your child’s vision.
Always have your cellphone on you in case of an emergency!
Stay in well-lit areas on familiar streets, and pass on going to dark homes. Make sure your kids know to never enter homes or cars to retrieve candy.
Always inspect candy for choking hazards and potential tampering before eating.

Safe Driving On Halloween

As a driver, be especially cautious in residential neighborhoods where trick or treaters may travel. Drive slowly and be vigilant in watching out for children in costume and other pedestrians.
If you are reversing from a home or street, please look for anyone behind you before doing so.
Distracted driving and speeding should be avoided during heavy trick or treating hours, and really any time when you are behind the wheel.
Turn on headlights, even during daylight hours just to be extra cautious.

If you or someone you love has been injured in a pedestrian accident, a slip and fall accident or any other type of accident due to another’s negligence, we can help. Call us for a free consultation at 866-608-5529 or contact us online. We can begin helping you with your potential case right away, so do not delay.

June 1, 2016

Orange County Lobbyist Richard Anderson Arrested For April Hit-And-Run

by Whittel & Melton, LLC

Belle Isle interim city manager, Apopka consultant and lobbyist Richard Anderson turned himself in to authorities yesterday after he was charged with a hit-and-run case that hospitalized another driver back in April.

The Florida Highway Patrol investigated the Lake County collision and issued an arrest warrant for Anderson Tuesday.

Anderson turned himself in to the Seminole County Sheriff’s Office out of convenience Tuesday afternoon. That department held him in the Seminole County jail overnight pending transfer to Lake County.