Road Safety

March 22, 2016

It May Soon Be Illegal to Text & Walk in New Jersey – Could Florida Follow?

by Whittel & Melton, LLC

If a new bill becomes law, you might find yourself in jail for texting and walking in New Jersey.

Last week, New Jersey Legislature introduced a measure that would outlaw texting while walking. If it passes, the penalty could be a $50 fine, 15 days in jail or both.

New Jersey already has a distracted driving ban, violations of which can cost offenders up to $400 for the first infraction. Expanding the ban to walking would increase the state’s traffic safety laws even more.

Studies have found that texting can turn the simple act of walking into something much more perilous. Accidents related to distracted walking have jumped 35 percent since 2010, according to reports from CBS.

According to research from the University of Alabama at Birmingham, people texting while crossing the road are twice as likely to be hit by a car than people talking on their phones.

Distracted walking can be as deadly as distracted driving, according to recent reports. So the question is how can you stop people from using their cellular devices for music, conversations, reading emails and texts, and sending emails and texts while walking? New Jersey is hoping to put an end to the distracted walking by getting government involved, but others disagree and feel that personal responsibility should be emphasized.

There are not enough police officers to be at every intersection to fine or arrest every single person who is texting while crossing the street, so it is up to each individual to behave responsibly and to encourage everyone else to do so as well. This is more than just a courtesy reminder, it could very well be a matter of life and death.

At this time, Florida does not have any new bills similar to New Jersey’s that could soon be law. However, if the bill does pass and become law, we may see more states following with similar rules, especially if the number of injuries and deaths decrease. Only time will tell for now.

March 18, 2016

‘Chloe’s Law’ Requiring Retention Pond Guardrails Goes Into Effect July 1

by Whittel & Melton, LLC

Less than a year after a University of Central Florida student drowned after her car crashed into a pond, a law is being passed in her name that would require roadside guardrails in front of bodies of water.

Chloe’s Law has passed both the House and the Senate and will go into effect this summer.

With the passing of Chloe’s law, any site of a drowning-related traffic accident over the past ten years will be outfitted with a guardrail.

According to Federal crash data, 49 people in Florida died inside submerged vehicles from 2008 to 2012. No other state comes close to these alarming numbers. Texas, ranks No. 2, with 18 deaths, followed by Indiana with 14, and Arizona and Louisiana, each with 10.

According to the National Highway Traffic Safety Administration, counties with the highest concentration of motor vehicle drownings were:

Palm Beach
Broward
Miami-Dade

Orange, Duval, Lee and Collier Counties are tied for fourth place.

While it is true that guard rails won’t stop all accidents from occurring, strategically placed rails can reduce drowning fatalities from these types of collisions. In many cases, guard rails can turn what could be a fatal accident into a minor traffic incident.

If you or someone you love has been involved in any type of auto accident that resulted in serious injuries or death, you might have a claim for financial compensation if someone else is responsible for the incident, including when another driver’s negligent actions caused your car to travel off the road and into a body of water.

March 17, 2016

Bus Stop Pads Coming to Flagler County

by Whittel & Melton, LLC

The city of Palm Coast introduced plans Tuesday that will help protect students from getting hit by vehicles.

The Flagler county school district said five students have been hit this year, including one killed, while going to or from school.

The city says more than 5,000 students ride a bus to school.

On Tuesday, council members decided to put a pilot plan in place to install concrete bus stop pads where students will be able to stand.

The idea is to provide children with a place to wait that is off the street, adding a level of protection. When kids have no place to stand, they tend to roam around, run around, jump and play, which could easily lead to a collision with a moving vehicle.

The city will start with three bus stop pads at cost of between $800-$900 each. It also plans to add additional signs so drivers know it’s a bus stop.

While this certainly won’t solve all the problems with children and bus stop accidents, it’s a way to start. Many bus stops are along busy streets, and at certain times of the year, low-light conditions can make it harder for drivers to spot children who are in the road. Bus drivers may also have trouble seeing kids, especially when they unexpectedly move behind, under, or in front of the bus at a bus stop.

When waiting for the bus, children should be made aware of the following precautions:

Stay at least 10 feet back from the edge of the road.
Wait for the bus to stop completely before boarding.
After getting off the bus, wait for the bus driver to signal that it is OK to cross the street.
Use the handrail when entering or leaving the bus.
Never walk behind the bus.

March 1, 2016

Biker Killed in Crash on I-75 in Hillsborough County

by Whittel & Melton, LLC

A motorcyclist was killed early Tuesday morning after he crashed into the back of a car on I-75, according to reports.

The crash happened at 3:05 a.m. in the southbound lanes of I-75, near mile marker 250, in Hillsborough County.

Troopers believe the 27-year-old Ruskin man was riding a 2013 Suzuki motorcycle on the inside lane. At the same time, a 1999 Ford four-door was driving ahead of him, approaching Gibsonton Drive.

The man allegedly failed to slow or stop and crashed into the back of the Ford, according to troopers. He was thrown from the motorcycle and died at the scene of the crash.

Investigators say no charges will be filed at this time.

There are many lawyers who are unwilling to represent those who have been involved in motorcycle accidents because of the common stereotypical belief that motorcyclists are reckless or dangerous drivers. However, our Florida Motorcycle Injury Lawyers at Whittel & Melton know that many accidents are not the fault of the biker. We know that motorcycle accidents can happen to even the safest of motorcycle drivers and are dedicated to providing the best legal representation to those involved in these tragic events.

February 17, 2016

Florida Fatal Hit-And-Run Collisions At All Time High

by Whittel & Melton, LLC

Florida Highway Patrol officials are frustrated with the more than 92,000 hit-and-run crashes investigated last year across the state.

These crashes — up by nearly 7,500 from 2014 — are an increasing problem.

Troopers are hoping to put a stop to these collisions with their annual week-long hit-and-run awareness campaign.

FHP kicked off its annual awareness campaign at a Monday news conference, which highlighted Florida’s hit-and-run laws and how hard families of victims are fighting for closure.

According to troopers, 186 people died last year in Florida hit-and-run crashes.

FHP investigated 92,623 hit-and-runs last year, up from the 85,155 in 2014.

Hit-and-run accidents can have devastating effects on their victims. Unlike other car accidents, hit-and-run collisions present unique challenges. In many cases, the driver and vehicle cannot be located. In other cases, the reason the driver fled the scene to begin with is because they were intoxicated or did not have automobile insurance, leaving the victims unable to recover damages from the responsible parties.

Hit-and-run car accidents require special knowledge of Florida’s Uninsured Motorist Insurance laws, laws regarding bad faith claims denials, as well as insurance bad faith litigation, since it is more than likely that you will be going up against your own uninsured motorist insurance policy. At Whittel & Melton, our Florida Auto Accident Lawyers are familiar with all aspects of Florida hit-and-run claims and we will fight to get you the maximum recovery for your losses.

December 2, 2015

December is National Drunk & Drugged Driving Prevention Month

by Whittel & Melton, LLC

December is a month filled with holiday cheer, time with family and all kinds of celebrations. The unfortunate truth is that many people celebrate to excess, and choose to get behind the wheel of a car when drunk or impaired by drugs. To raise awareness of the dangers of driving while impaired, December is recognized as National Drunk and Drugged Driving Prevention Month.

Drunk Driving Is Dangerous

According to a 2012 study conducted over a 20-month period by the National Highway Traffic Safety Administration:

Drivers with an alcohol level of 0.08 were four times as likely to be in an accident as a sober driver.
Drivers with an alcohol level of 0.15 percent were 12 times as likely to be in an accident as a sober driver.

Other drunk driving statistics from the NHTSA show the following trends:

More than 10,000 people lost their lives in drunk driving crashes in 2013. This equates to approximately one life lost every 52 minutes that year.
Drunk drivers caused 31 percent of fatal car crashes in 2013.

Even after just one drink, alcohol begins to suppress a driver’s reaction time and ability to control their actions and thoughts. As the amount of alcohol in the bloodstream increases, a driver’s ability to concentrate decreases and motor skills become more impaired.

Drugged Driving Is Just As Dangerous As Drunk Driving

Drugged driving is driving a motor vehicle while under the influence of an illegal substance, prescription drug, or over-the-counter medication.

Many prescription and OTC medications come with warnings about driving while taking the medication because they can often cause drowsiness or impairment. Drivers must pay attention to these warnings.

On the other hand, illegal substances like marijuana, cocaine, heroin, and ecstasy can cause severe impairment. Some drugs can cause extreme highs and erratic behavior, which can increase the risk of speeding, swerving in traffic, and ultimately result in reckless driving. Some drugs may cause euphoria and dulled senses, which can result in slower reaction times, an impaired sense of reality, and the complete inability to control a vehicle.

Drive Sober This Holiday Season

Our Florida Injury Lawyers at Whittel & Melton would like to remind everyone to please drink responsibly and be aware of your medications’ warnings when driving. Even responsible, sober drivers are affected when other motorists choose to drink or use drugs and drive.

December 1, 2015

Highway Death Toll Up 8.1% This Year

by Whittel & Melton, LLC

The death toll on U.S. highways rose 8.1 percent in the first half of 2015.

According to new figures from the Transportation Department, low fuel prices have contributed to a jump in miles driven by Americans.

The preliminary figures represent a “troubling departure” from a general downward trend over the past decade, the National Highway Traffic Safety Administration said in a report released Tuesday.

In 2014, the fatality rate hit an all-time low.

Americans drove about 51.9 billion miles more in the first half of 2015 than the same period last year, which equates to about a 3.5 percent increase, according to the NHTSA. Job growth and low fuel prices also may be factors in the sudden, unexpected surge in highway fatalities, the agency said. There was also more leisure travel and driving by young people, which can contribute to higher fatality rates.

The sad news is that the death rate also increased. Fatalities per million vehicle-miles driven rose in the first half of 2015 was 1.06 percent, or 4.4 percent higher than the same period in 2014.

In final figures for 2014, 32,675 people died in U.S. motor-vehicle crashes, a 0.1 percent decline from 2013. The fatality rate declined to 1.07 deaths per million vehicle-miles traveled, which was a record low for a complete year.

States in the Southeast — Florida, Alabama, Georgia, South Carolina and Tennessee — saw a 15 percent increase in fatalities. The second highest increase, 11 percent, was recorded in a group of Western states: Montana, Idaho, Oregon and Washington. California and Arizona saw no increase in fatalities, and the New England region saw an increase of 1 percent.

The biggest factors in traffic fatalities remain the lack of seatbelt use and drunk driving, according to reports. Nearly half of all people killed in road crashes do not wear seat belts, and one-third of all fatalities are in crashes involve intoxicated drivers.

Distracted driving accounted for 3,179 deaths in 2014, about 10 percent of the total. Drowsy driving was involved in 2.6 percent of the fatalities.

States without mandatory motorcycle helmet laws saw a “far higher” number of fatalities than states with mandatory helmet laws, according to reports. There were 1,565 motorcycle deaths in 2014.

Bicyclist deaths declined by 2.3 percent, but pedestrian deaths rose by 3.1 percent from the previous year. In 2014, there were 726 cyclists and 4,884 pedestrians killed in motor vehicle crashes.

November 22, 2015

Man on Scooter Struck and Killed in Cocoa Beach

by Whittel & Melton, LLC

A 75-year-old man trying to cross a street on a scooter recently in Brevard County died after he was struck by a vehicle.

According to reports, the Cocoa Beach man was attempting to cross Sixth Street at South Orlando Avenue in his electric mobility scooter around 6 p.m. when he was struck by a 2005 Toyota driven by an 18-year-old from Cocoa Beach.

The man was transported to an area hospital, where he later died. No charges have been filed at this time, according to police.

The investigation is ongoing.

Anyone who witnessed the crash is asked to call the Cocoa Beach Police Department at 321-868-3251.

Motorized wheelchair and scooter users in Florida have responsibilities, rights, and privileges similar to those of pedestrians. These vehicles can be legally operated on public sidewalks, park pathways, bicycle paths, rail trails, and in public buildings. While motorized scooters or mobility scooters should not be on public roads if there are any other options, they are allowed to cross at intersections just like pedestrians. They should only be operated on a roadway if there is no sidewalk, or the sidewalk is obstructed to the point that it is unsafe for use.

November 18, 2015

Ocala Teen Killed in I-75 Crash in Hernando County

by Whittel & Melton, LLC

An Ocala teenager was killed in a crash on Interstate 75 recently in Hernando County.

According to the Florida Highway Patrol, the 16-year-old was killed in the two-vehicle crash when he was ejected from his 1998 Ford Explorer.

Troopers believe the teen was driving north at 11:08 p.m. when he drove past a 2007 Hyundai Sonata and tried to move into the Sonata’s lane.

The Sonata’s driver, a 22-year-old of Tallahassee, swerved to avoid a crash and lost control of his vehicle.

The Hyundai collided with a guardrail. The 22-year-old suffered minor injuries.

The teen’s Explorer went into the center median and overturned. He was ejected and died at the scene.

The crash is still under investigation.

Car accidents are still the leading cause of death for teenagers in the United States, and teens are more likely than adults to get into motor vehicle collisions. According to the Centers for Disease Control and Prevention, thousands of teens die in car accidents every year, and nearly 300,000 nationwide are treated in emergency rooms for injuries related to car accidents. Teenagers and young adults account for roughly 14 percent of the national population, but make up 28 to 30 percent of the costs of car crash injuries.

October 21, 2015

This Week is National Teen Driver Safety Week

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration has announced October 18 through the 24th is Teen Driver Safety Week. Traffic crashes are the leading cause of death for teens between the ages of 14 and 18 years old, and the NHTSA is hoping to raise awareness about the issues facing teen drivers and passengers.

During Teen Driver Safety Week, parents are highly encouraged to talk to their children about the “Five to Drive” rules and staying safe behind the wheel.

Teen Traffic Crash Statistics

In 2013, there were 2,614 teen drivers involved in fatal crashes.
Nearly one out of five teen drivers involved in fatal crashes had been drinking in 2013.
In 2013, almost one-third of teen drivers involved in fatal crashes were speeding.
64 percent of all the young passengers of teen drivers who died in car crashes weren’t restrained in 2013.
11 percent of teen drivers involved in fatal crashes in 2013 were reportedly distracted at the time of the crash.

Recent survey results show that only about 25 percent of parents have had a serious talk with their kids about the dangers that come along with driving. The NHTSA is urging parents to bring up the topic and discuss the key components of driving and the dangers facing their teen drivers.

Driver inexperience is not the only factor impacting teen drivers when they are behind the wheel. There are many added distractions for teens that can impact their safety- from texting while driving to extra peer passengers.

Teens can drastically reduce their chances of being involved in an injury causing or fatal crash by following the NHTSA’s “Five to Drive” rules.

The Five to Drive

No drinking and driving.
All passengers always buckle up.
Do not text and driver. EVER.
Do not speed.
Do not have more than one passenger in the vehicle at any time.