Motor Vehicle Accidents

College Presidents Want Lawmakers to Reduce Legal Drinking Age

September 9, 2008 | by David J. Halberg, Esq.

Presidents from about 100 colleges and universities across the United States are calling on lawmakers to consider lowering the legal drinking age. They believe the current drinking laws actually encourage rather than discourage college students from drinking heavily. The current legal drinking age is 21.

According to the National Highway Traffic Safety Administration:

• There were 3,490 teen driving deaths (ages 15-20) in 2006.
• 31% of the teen drivers killed that year had been drinking.
• Auto accidents are a main cause of teen deaths.

• Nationally, 12,998 people died in alcohol-impaired motor vehicle collisions in 2007.
• 890 of those fatalities took place in Florida.

The college presidents are part of the Amethyst Initiative. Members of the movement believe that college students are more likely to drink if alcohol consumption is illegal for them.

Statistics Regarding College Drinking:

• Over 40% of college students exhibit at least one sign of alcohol dependence or abuse.
• Over 500,000 college students a year are involved in alcohol-related accidents.
• Some 1,700 students a year die in accidents where drinking was a factor.
• Many college students drink heavily on their 21st birthdays-with men drinking an average of 12 drinks and women consuming 9 drinks to mark the occasion.

Not everyone is in agreement that lowering the legal drinking age will save more lives and prevent injuries. Mothers Against Drunk Driving say decreasing the legal drinking age will lead to more deadly motor vehicle crashes.

Drunk driving accidents can lead to catastrophic injuries for the driver, passengers, and others on the road. Drunk driving is a crime and it is also negligent driving.

College Presidents Want Lower Drinking Age, NYSun.com, August 19, 2008
Students mark 21st birthdays with ‘extreme’ drinking binges, USA Today.com, August 27, 2008

Related Web Resources:
Amethyst Initiative

2007 Traffic Safety Annual Assessment-Alcohol-Impaired Driving Fatalities (PDF)
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Florida Highway Patrol Says Tractor-Trailer Driven by Former Walton County Commissioner In Deadly Motor Vehicle Crash Was Overloaded

September 5, 2008 | by David J. Halberg, Esq.

According to results from the inspection conducted by the Florida Department of Transportation following the deadly Burhap, Walton County truck accident that left one man dead and a young girl seriously injured, the tractor-trailer driven by former Walton County Commissioner Herman Walker was overloaded with cattle feed by about 1,000 pounds( over the 80,000 limit). DOT inspectors also found that two breaks on the truck were out of adjustment and that the truck had not undergone its latest inspections.

The deadly crash, which happened on July 11, killed Eric S. Burhap, injured his wife Shannon and two children, and left family friend Katie Johnson, 9, with catastrophic injuries. The tractor-trailer collision occurred on State Road 2A north of DeFuniak Springs when Walker lost control of his truck on a curve and struck Burhap’s SUV. While blood alcohol test results show no proof Walker had alcohol in his system at the time of the crash, toxicology results are still pending.

In August, Shannon and Johnson filed a lawsuit against Walker for wrongful death and personal injury caused by the deadly Florida truck crash. The lawsuit also notes that Walker and his wife filed and finalized their divorce soon after the collision and that over $7 million in assets were transferred to his wife as part of their settlement. The lawsuit contends that Walker filed for divorce to avoid paying the money as compensation to the injury victims. Johnson and Shannon are seeking unspecified damages.

Florida Cab Driver that Struck Bicyclists in Miami Beach Fell Asleep at the Wheel

August 28, 2008 | by David J. Halberg, Esq.

Police say that the taxi driver that drove into a group of bicyclists in Miami Beach on Sunday fell asleep while driving. The traffic accident, which happened around 8am in the morning on the MacArthur Causeway, knocked many cyclists onto the ground.

Six of the bicycle accident victims were transported to the hospital. Five riders sustained serious road burns that were treated at the crash scene.

The taxi driver was Checker Cab company driver Herbert Morais, who admitted to falling asleep while on the road. He did not have any passengers riding in his cab when he hit the riders from behind.

Traffic records show that Morais has received several tickets for traffic violations in Miami-Dade County over the last five years. Just last month, he was ticketed for failing to halt at a stop sign. He also has received tickets for speeding and not obeying HOV lane requirements.

Common crash scenarios that can lead to accidents between bicyclists and motorists:

• A driver merges into a bicyclist’s lane.
• The bicyclist rides into a motorcyclist’s path.
• The driver tries to ride past the bicyclist.
• The driver or bicyclist does not yield the right of way.

Sleepy Drivers
The National Highway Traffic Safety Administration says over 1/3rd of drivers have fallen asleep or nodded off while driving at least once in their lives. The National Sleep Foundation says 32% of adults say they’ve driven while sleepy at least once a month.

Most fatigue and sleep-related auto crashes occur between 12am and 6am, but 1pm to 4pm is also a time when there are drowsy drivers on the road.

Driver Fell Asleep At Wheel Before Hitting Cyclists, Police Say, Local10.com, August 25, 2008
Cab barrels into bicyclists in Miami Beach crash, PalmBeachPost.com, August 24, 2008

Related Web Resources:

Florida Traffic and Bicycle Safety Education Program

Bicycles, NHTSA Continue reading

Florida Motorcyclist’s Fatal Fall Off I-95 Renews Calls for Better Safety Measures

August 26, 2008 | by David J. Halberg, Esq.

In Florida, 24-year-old Miramar resident Errol Michael Etosha Dodd died on Sunday when he lost control of his motorcycle on I-95 and fell down 60 feet onto the riverbank. The deadly Florida motorcycle accident happened around 3:30 in the morning as Dodd was making his way from I-95s to the New River bridge. He was riding toward the bridge overpass when he struck an SUV that he was trying to pass. Dodd’s motorcycle then hit the concrete barrier before plunging off the road.

This is not the first time that someone has died on or close to one of the many ramps on I-95. In April, a 30-year-old man jumped over the low-lying barrier to relieve himself and fell. In February, three men died when their car fell onto the riverbank after vaulting the exit ramp.

The Florida Department of Transportation Is taking a new look at the ramp design. They are also taking steps to improve the signs and lighting. A 4-foot chain link fence will be installed onto the I-95’s barrier walls close to the New River overpass.

Motorcycle Accident Statistics
According to the National Highway Traffic Safety Administration, there were 5,154 motorcycle deaths in 2007, which is the highest number of motorcycle accidents to occur within a year since the NHTSA began collecting crash statistics 28 years ago. This means that of the 41,059 motor vehicle deaths that occurred in 2007, motorcycle fatalities made up 13% of the overall total. The NHTSA also reported a significant increase in motorcycle injuries from 88,000 in 2006 to 103,000 in 2007.

While some motorcycle crashes happen because of a motorcyclist’s negligence, there are many catastrophic accidents that occur because another motorist was negligent, there was an unsafe condition on the road, or the motorcycle was defective.

While Florida’s PIP (personal injury protection) provides drivers some coverage when they are injured in motor vehicle accidents regardless of who was at fault, this coverage does not extend to motorcyclists.

Motorcyclist’s 60-foot plunge renews calls for safety at I-95 ramp, Sun-Sentinel.com, August 25, 2008

Related Web Resources

Florida Department Transportation

Bodily Injury Locations in Fatally Injured Motorcycle Riders (PDF)
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Deadly Florida Car Accident in Fort Pierce Leaves One Victim Dead and Three Others Injured

August 19, 2008 | by David J. Halberg, Esq.

In Fort Pierce, Florida, one man died and three others sustained injuries on Sunday in a two-vehicle auto collision on Avenue K and North 16 Court. The accident happened about 3 am when the 1988 Mercury Grand driven by 22-year-old Jarrell Housing collided with a 2008 Toyota Tacoma. Local authorities say the driver of the Toyota ignored a stop sign.

Raythez Flowers, who was a passenger in The Mercury, died in the car accident. Housing and another passenger, Sarmeca Johnson, were taken to local hospitals in serious condition. 23-year-old Jermaine Kearse, a passenger in the Toyota, sustained minor injuries.

Failure stop at a red light or traffic stop sign is considered a negligent action if a pedestrian, a bicyclist or another motorist is injured at a result. Many times, other motorists and pedestrians that think they have the right of way are caught unaware when they are struck by a vehicle that was supposed to have stopped before crossing an intersection. Injuries to these accident victims can be catastrophic and costly.

According the Federal Highway Administration, intersection collisions are among the most common kinds of traffic accidents in the United States accounting for 6,700 deaths and 2 million accidents each year . Injuries can range from minors cut, scrapes, and bruises to broken bones, traumatic brain injuries, spinal cord injuries, and wrongful death.

Our South Florida car crash lawyers can help you determine whether you have grounds to file a personal injury claim or lawsuit. We can also determine whether there is more than one negligent party that can be held liable for your injuries.

According to the National Highway Traffic Safety Administration, there were 3,214 motor vehicle deaths in Florida in 2007, a slight decrease in number compared to the 3,357 Florida traffic accident fatalities that occurred in 2006. Any motor vehicle accident that causes injury or death is one crash too many.

Crash in Fort Pierce kills one, sends four to area hospitals, TCPalm.com, August 17, 2008
One killed, three injured in crash, PalmBeachPost.com, August 16, 2008

Related Web Resources:

Florida Department of Highway Safety and Motor Vehicles

National Highway Traffic Safety Administration

Federal Highway Administration
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West Palm Beach Man Dies from Motor Vehicle Crash Injuries in Florida

August 11, 2008 | by David J. Halberg, Esq.

The Florida Highway Patrol says that Kevin Bunsie, the 32-year-old man who was injured in a car crash on the afternoon of July 12 at the junction of Forest Hill Boulevard and Congress Avenue, has died of his injuries. Bunsie passed away on July 31.

He sustained serious injuries after a van driven by Lake Worth resident Pedro Perez struck another car close to Summit Boulevard before hitting Bunsie’s car at Forest Hill. Perez also sustained serious injuries, while a passenger riding with Bunsie was treated for minor injuries.

If you or someone you love is seriously injured in a motor vehicle crash, you should contact our South Florida car crash lawyers and ask for your free case evaluation. Many motor vehicle collisions happen because at least one motorist was negligent on the road. While a person cannot control other drivers and their actions, there are preemptive steps a motorist can take to avoid collisions.

Suggestions offered by Property Casualty of America include:

• Do not talk on the cell phone while driving.
• Do not drive after drinking alcohol.
• Keep a safe driving distance between you and other vehicles.
• Make sure that your vehicle is up-to-date on all required maintenance checks.
• Check your side and rear view mirrors frequently.
• Drive defensively.
• Ignore the actions of rude or obnoxious drivers.
• Drive defensively.
• Obey all traffic laws.
• Cross intersections carefully.
• Adjust your driving to the changing road conditions.

While Florida’s mandatory PIP (Personal Injury Protection) coverage offers some insurance protection, it may not cover all your injury costs. Our West Palm Beach car crash lawyers can work to help you obtain the maximum recovery possible.

Palm Beach County: West Palm Beach man dies from injuries in July crash, Sun-Sentinel.com, August 11, 2008
Easy Ways To Avoid Auto Accidents, Insurance.com

Related Web Resources:

Car Insurance Primer, DMV.org
Florida Highway Safety and Motor Vehicles
Continue reading

10-Year-Old Boy Sustains Serious Injuries In Florida Tractor-Trailer Accident

July 31, 2008 | by David J. Halberg, Esq.

The Florida Highway Patrol has charged a Kenworth tractor-trailer driver of violation of the right of way in the wake of a Florida truck crash that left a 10-year-old Lake Wales boy seriously injured. Charles Geim was taken to Arnold Palmer Children’s Hospital in Orlando following the motor vehicle accident.

The FHP says that trucker Sonia Mcgaha turned her Kenworth tractor-trailer left from US 27 into the path of a Chevrolet that was coming from the opposite direction. Her rig struck the car’s left side. Lorine Jones, the driver of the car that Geim was riding in, sustained minor injuries.

Mcgaha wasn’t hurt in the crash, but Jermie Mcgaha, 9, sustained minor injuries.

Tractor-Trailer Accidents

Common causes of tractor-trailer crashes

• Tailgating
• Exhausted drivers
• Failing to obey road signs
• Speeding
• Aggressive drivers
• Talking or text messaging on the cell phone
• Drunk driving
• Forgetting to check blind spots

An 80,000-pound truck can be a huge danger to car passengers, motorcyclists, pedestrians, and bicyclists if they are involved in a truck accident with one of these large vehicles.

Boy, 10, critically injured in accident, Newschief.com, July 30, 2008

Related Web Resources:

Florida Highway Patrol

Truck Accident Laws, Justia
In South Florida, our truck crash lawyers are familiar with the federal and state regulations that govern truck drivers and we know how to deal with truckers and trucking companies to help you obtain the maximum recovery for all your personal injuries.
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Florida Police Identify Motorcyclist Killed in Rear-End Collision

July 24, 2008 | by David J. Halberg, Esq.

In Pembrooke Pines, police have identified the motorcyclist that died after he was struck by a car in a Florida traffic accident. Miami resident Ricardo F. DeCastro died on Wednesday when the motorcycle he was riding was rear ended by a Honda Civic driven by Miami Gardens resident Larry Beltran.

Police report that Beltran was following too closely behind DeCastro, which led him to crash into the motorcycle. DeCastro was thrown from the motorcycle and then struck by Beltran, before he was able to stop his car. An investigation is ongoing and no criminal charges have been filed.

If you or someone you love was seriously injured in a motorcycle crash that you believe was caused by another party’s negligence, a good Florida motorcycle crash attorney can help you file a claim or lawsuit against the liable party or parties.

2006 Motorcycle Accidents Facts

• About 104,000 motorcycles were involved in traffic crashes.

• The National Highway Traffic Safety Administration reported 4,810 motorcycle deaths.

• These deaths comprised 11% of all traffic deaths that year.

• 88,000 motorcyclists were injured.

Our Florida motorcycle crash law firm has law offices in Miami, Port St. Lucie, and West Palm Beach. Our personal injury and wrongful death lawyers work with experienced accident reconstructionists and medical experts to prove our clients’ cases so that they can receive the maximum recovery for their injuries and losses.

Motorcyclist killed in Pembroke Pines identified as Miami man, Sun-Sentinel.com, July 24, 2008
Florida State Motorcycle Laws, American Motorcyclist
The Hurt Report
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Number of 15-Passenger Van Accidents Often Increases in the Summer Months

July 17, 2008 | by David J. Halberg, Esq.

With families and other groups headed on vacation or other activity-related outings throughout the summer months, federal safety officials are reporting the increase of 15-passenger van rollover accidents from June through August. New data from the National Highway Traffic Safety Administration indicates that 31% of all deadly 15-passenger van rollovers occur during this time period. Officials are warning van drivers to execute the proper safety measures to prevent these auto crashes from happening.

The NHTSA says that the chances of a 15-passenger van rollover increases when the vehicle is fully loaded with people and cargo. 50% of 15-passenger van deaths in 2006 occurred in vans that were loaded to full capacity. 59% of those who died were not using seatbelts. While the number of deaths involving 15-passenger vans has decreased over the years, there were still 58 fatalities in 2006.

15-Passenger Vans
While 15-passenger vans are supposedly made to safely transport large groups of people and cargo to and from their destinations, federal safety studies show that the more passengers and cargo are loaded in the van, the greater the chances of a rollover accident happening.

15-passenger vans have a high center of gravity. This gravity center moves up and back the more occupants there are in the van, which increases the chances of the van turning over.

Once a 15-passenger van rollovers, occupants tend to be even more prone to injuries because:

• There is insufficient crash padding to protect passengers when they are thrown against the van
• Lack of emergency exits
• Insufficient structural integrity to prevent the van from collapsing

Traumatic brain injuries, spinal cord injuries, broken bones, major internal injuries, and death can result in rollover accidents.

In South Florida, our 15-passenger van rollover accident lawyers can help you file a personal injury claim or lawsuit against a negligent driver, or, if we find that you operated and loaded the van correctly and you were still involved in an auto crash because of defects in the van’s design or due to vehicle malfunction, we can pursue a case against the van’s manufacturer.

Fatalities to Occupants of 15-Passenger Vans, NHTSA, May 2008 (PDF)

Related Web Resources:

Reducing the Risk of Rollover Crashes in 15-Passenger Vans, NHTSA.gov
15-Passenger Vans: High-Riding Death Traps, SafetyForum.com Continue reading

Florida Motorcyclist’s Widow Sues Tractor-Trailer Driver and Trucking Company for Wrongful Death

July 2, 2008 | by David J. Halberg, Esq.

The wife of Timothy Powers, the 49-year-old Vero Beach motorcyclist who was killed in a crash with a tractor-trailer on US 1 on January 24 is suing the trucker and the driver’s truck company for wrongful death.

The Florida Highway Patrol says Powers could not see the truck due to the heavy morning fog. He tried safely laying down his motorcycle but was thrown off as the truck struck him as it tried to make a U-turn. Powers died at the truck accident scene.

In her lawsuit, Jennifer Powers is accusing truck driver Felix Villa of negligence. She also alleges that Torres Trucking & Tree Hauling Corp was vicariously liable for her husband’s death.

According to the Federal Motor Carrier Safety Administration, there were 5,212 truck accident fatalities in 2005-a large truck being defined as a truck with a gross vehicle weight rating over 10,000 lbs.

18-wheeler trucks, tractor-trailers, big rig trucks, large delivery trucks, and other large trucks can be a serious injury hazard to motorcyclists, the drivers and passengers of other cars, pedestrians, and bicyclists if a truck driver is negligent on the road and causes a traffic accident. Trucking companies are prepared to deal with these injury cases, and many of them will act fast to minimize liability on their part.

Our South Florida truck accident law firm is knowledgeable about dealing with large truck companies, their representatives, and their insurance companies, and we will protect your right to financial recovery.

We know how to investigate the truck crash scene and the vehicles involved to prove liability, and we will zealously pursue your compensation for you.

Vero Beach widow files lawsuit against truck driver, TC Palm.com, July 1, 2008

Large Truck Fatal Crash Statistics, 1975-2005, FMCSA.dot.gov

Related Web Resource:

Truck Safety Coalition
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