The Accident Law Offices of Philip DeBerard - Florida Personal Injury Law Firm

Contact Philip DeBerard Today!  Your Florida Personal Injury Lawyer / Attorney

Florida Personal Injury Lawyer Home Florida Personal Injury Lawyer - Law Firm Profile Related Legal and Area Links Law Firm Newsletter - Florida Personal Injury Lawyer Philip DeBerard Attorney / Lawyer Referrals Contact Us
Call us today! 1-800-299-8878
The Accident Law Offices of Philip DeBerard - Florida Personal Injury Law Firm The Accident Law Offices of Philip DeBerard - Florida Personal Injury Law Firm

Follow us on Twitter
A Florida Based Personal Injury Law Firm With Loations in Stuart, Florida and Okeechobee, Florida

 

Personal Injury Law Firm in the News Protect Your Business From a Lawsuit Understanding Florida Insurance Blog
BLOG

February 5, 2010

Filed under: accidents, deadly roads, martin, st. lucie county lawyer — admin @ 4:45 pm

St. Lucie County’s five deadliest roads saw 324 fatal accidents 1994-2008\

Stuart News: St. Lucie County’s deadliest highway, Interstate 95, accounted for more than 92 deaths from 1994 to 2008.

That’s 15 percent of the county’s 607 traffic fatalities during that time.

An average of 40 people — infants to senior citizens — died annually on the county’s highways, victims of everything from blown tires to accidents caused by distractions, according to a Scripps Howard News Service review of accident records.

In St. Lucie County, the deaths are mainly on the heaviest-traveled highways. I-95 — which has about 40,000 vehicles a day — is followed by Florida’s Turnpike, U.S. 1 and State Road 70.

Fifth on the list is County Road 68, which had 17 deaths, or about one a year. The county’s five deadliest highways account for 324, or 53 percent, of the deaths in 524 separate traffic accidents in a 15-year period ending in 2008.

“If you add more cars you are going to have more accidents,” said Sgt. Kurt Mittwede, traffic unit supervisor with the St. Lucie County Sheriff’s Office.

That was particularly true during the real estate boom in the last decade when traffic clogged highways that hadn’t been improved to handle more vehicles, he said.

Investigators said the fatalities typically are scattered along different parts of the roads and caused by individual circumstances.

In general, “The more volume and the more speed, the more deaths you see,” Mittwede said. Also in general, the fatalities are caused by human error.

“The roads don’t appear to be the cause,” Port St. Lucie Police Department spokesman Tom Nichols said.

If roads are at fault in accidents, it usually is because of debris on the road or a car skidding on rain water from a backed-up drain, highway officials said.

More than 90 percent of accidents are the fault of people, said Richard Mitinger, a Florida Department of Transportation traffic operations engineer in highway safety.

Still, FDOT monitors accidents to see if the roads need to be updated.

“We are always reviewing records, trying to see what we can do,” Mitinger said.

He said the agency has been widening I-95 on the Treasure Coast, as well as improving U.S. 1 to keep up with increasing traffic.

By summer, FDOT officials expect to turn on overhead message boards to alert I-95 motorists of problems ahead. Also, roadside cameras will begin relaying live images of the interstate highway to a central monitoring center in Fort Pierce. That will allow FDOT officials to see live traffic conditions. The observers will be able to see traffic problems, so they can deal with conditions that could lead to accidents.

FDOT might have to delay for a year sending out roving road rangers to help motorists on the highway. That is because of legal challenges by one of the companies that is bidding on the work. Road rangers will help get stranded vehicles out of the way and clear up crashes.

Road improvements can have an impact.

Following the installation of median guardrails on Florida’s Turnpike in St. Lucie and Indian River counties in 2005, traffic accidents and fatalities there have dropped 60 percent, said Sgt. Jorge Delahoz, spokesman for the Florida Highway Patrol.

Now, protective cables are being installed to help keep motorist from going into roadside canals in Indian River and St. Lucie counties, he said.

Until the state made improvements in the middle of the last decade, St. Lucie County’s equivalent of a “dead’s man curve” was a remote western section of the county’s road to Okeechobee, S.R. 70, Mittwede said. The road has been widened to four lanes for seven miles west of I-95 and safety markers were installed.

“The road was outdated,” he said. “People would pass on an inside curve and end up in head-on” accidents.

The eastern end of S.R. 70 is Virginia Avenue, which has been widened to six lanes to handle urban traffic.

In southern St. Lucie County, U.S. 1 has been widened to six lanes to handle increasingly heavy traffic and to make the road safer, officials said. The state also added medians along U.S. 1 to limit left turns that were contributing to accidents.

Still, U.S. 1 from Virginia Avenue to Edwards Road in Fort Pierce is a commercial area with many places where motorists turn in and out of parking lots.

“That area makes me nervous,” Mittwede said.

These types of improvements, coupled with the economy, higher gas prices and traffic enforcement have resulted in fewer highway fatalities in the nation and in Florida, government reports show.

The county’s death rate, in 2008, was 1.03 for every 100 million miles traveled compared to a 1.50 statewide average. The mid-sized county ranked 23 in fatal accidents of the state’s 67 counties.

Still, in 2009, 24 people died on St. Lucie County roads. Of those, 18 were on the county’s deadliest roads.

And the impact those accidents have extends beyond statistics.

On a clear sunny day in 2008, Miami motorist Dominique Brice wove in and out of traffic on a straight section of I-95, speeding northward in excess of 80 mph, excited about moving to a new home in Georgia. Suddenly, her vehicle swerved out of control, slamming into two motorcyclists parked along the road.

North Miami police officer Fritz Doucet, 37, and West Palm Beach computer technician Raul Ortiz were killed instantly at the juncture of St. Lucie and Indian River counties.

“I cry and I cry and I cry,” Brice said in pleading leniency before an Indian River Circuit Court judge in 2009 sentenced her to 18 1/2 years in prison for vehicular homicide.

Doucet is survived by a son, Manny, 5, who Doucet’s girlfriend said isn’t old enough to understand the truth. So she said, “(Doucet) had to go to heaven,” said Abigail Mena, of Broward County. “I told him God needed him.”

Despite the personal tragedies, law enforcement officers said St. Lucie County has made significant improvements combatting traffic fatalities. That includes specialized patrols for drunken driving.

“I would say we are doing really well,” Mittwede said. “If we didn’t have I-95 and the Florida Turnpike, traffic fatalities would be really low.”

October 8, 2009

New tactic From Law Enforcement Agencies Nabs Unlicensed Drivers
Courthouse stings catch illegal drivers in the act as they try to drive from
parking lots
By C. Ron Allen South Florida Sun-Sentinel

Teams of state troopers and deputies have been ordered to stake out courthouses to catch drivers pulling out of the parking lot after they’ve lost their license.

The move is part of an aggressive crackdown by the Florida Highway Patrol and Palm Beach County Sheriff’s Office on unlicensed drivers who repeatedly get behind the wheel.

The focus on these drivers is part of a plan to put the brakes on what authoritiest call an epidemic infecting the roadways. A 2003 study by the American Automobile Association found that motorists without a valid driver’s license are five times more likely to be involved in a fatal crash than those properly licensed.

Under the new tactic, ordered by Maj. Luis Ramil, FHP’s Troop L commander, and Sheriff Ric Bradshaw, law enforcement officers lay in wait in and around courthouses, some in plainclothes to blend in with spectators at the hearings.

When the judge suspends a driver’s license, the troopers or deputies then alert their colleagues outside who nab the drivers. Additional operations are planned for Broward and Miami-Dade counties but officials would not disclose the dates.

This aggressive new approach is atypical because law enforcement agencies don’t usually actively pursue these drivers, authorities said.

“It upsets anyone that reads in the paper or sees online where a driver who should not even be behind the wheel of a car has a crash, hurts someone or kills someone,” said Lt. Tim Frith, spokesman for the Highway Patrol, which has about 1,500 troopers. “That strikes a nerve with anyone. What are they doing in the car in the first place? It’s the first thing we hear: ‘They shouldn’t even been driving.’ Absolutely right, they shouldn’t.”

Not everyone likes the tactic.

Marshall Geyser, a Fort Lauderdale defense attorney who represents motorists with traffic tickets, said he is troubled by the courthouse stings because he thinks it is a poor use of taxpayers’ dollars.

“I don’t agree with what they do,” said Geyser, who has been practicing for 22 years. “I think that our tax dollars could be spent policing more important things. We have a boatload of violent crimes going on in both counties and throughout South Florida and they’re spending their time catching people who may not be licensed.”

Last year, law enforcement officers statewide wrote 379,976 tickets for driving under one or more of five categories: no license, expired license, improper license, and a suspended or revoked licenses, according to the Department of Highway Safety and Motor Vehicles. The county-by-county breakdown was unavailable.

Since the courthouse crackdown started last month, 22 drivers whose licenses were suspended by a judge have been arrested and their cars and a motorcycle were towed, officials said.

In 2008, the latest numbers available, the state suspended or revoked about 2.4 million driver’s licenses, Department of Highway Safety and Motor Vehicles records show. There are nearly 16 million licensed drivers in Florida.

First-time offenders are charged with a second-degree misdemeanor and face up to 60 days in jail and a $500 fine, while a second offense can lead to a year in jail and a $1,000 fine. The third offense results in a third-degree felony and up to five years in prison and a $ 5,000 fine. But those penalties are at a judge’s discretion.

Drivers can lose licenses for many reasons: failing to pay a traffic fine, failing to pay child support, and getting convicted of drug crimes or underage alcohol possession, to name a few.

The Florida Legislature has tried unsuccessfully at least four times to stiffen penalties and impound cars of unlicensed drivers. Rep. Ari Porth, D- Coral Springs, said he plans to reintroduce a bill to address the issue.

“We’re not planning to increase jail time. I think [the bill] meets the needs of getting people off the road and answers the criticism that it’s been perhaps too Draconian in the past,” Porth said. “I do want to take people’s cars away from them until they have cleaned up their licenses but this is a somewhat softer approach.”

Although authorities are focusing on courthouse blitzes, they still plan to conduct checkpoints.

“I don’t know what more can we do,” Frith said. “Are people finding it inconvenient and irritating at times? Absolutely, but there is a greater portion of the public that feels they are necessary. They love the fact that we are removing drivers that shouldn’t be out there and possibly could hurt or even kill their loved ones.”

C. Ron Allen can be reached at crallen@SunSentinel.com or 561-243-6611.

July 21, 2009

Filed under: accidents, boat safety, children safety, passenger safety boats — admin @ 7:01 am

Life Jackets

Life jackets or personal flotation devices (PFDs) are an important part of water safety. They are designed to keep your head above water and in a position to facilitate proper breathing. Use life jackets that are tested by Underwater Laboratories and approved by the U.S. Coast Guard.

There are several different types of life jackets that come in different sizes. Using the guidelines at the bottom of the page, make sure that you have the correct life jacket for every member of your family. When purchasing a life jacket, talk to the sales representative about the size and weight restrictions.

Safety Tips
Teach children how to put their life jackets on.
Make sure all straps are belted and in the right buckle.
Loose straps should be tucked securely.
Life jackets should fit snugly and not ride up the individual’s torso.
For children, try the jacket on the child and then lift him up by the top of the jacket. The jacket should not ride up over the chin and ears. If it does, try the smaller size. If you can’t drop a size – due to a weight restriction, find a jacket that has a crotch strap.
Make sure life jackets are not torn or leaking. Always dry life jacket before storing.

Life Jacket Safety Chart

Type I – Off-shore Life Jacket
Used in open or coastal waters and potentially rough seas where quick rescue may not be available. Will turn unconscious individuals face up in the water.

Sizes Adult
90 pounds or more

Child
89 pounds or less

Type II – Near-shore Buoyant VestUsed for general boating in calm water where quick rescue is available. Will turn most individuals face up in the water.

Sizes

Adult
90 pounds or more

Child
89 pounds or less

Infant
30 pounds or less

Type III – Flotation Aid
Used for general boating activities such as canoeing, kayaking, hunting and fishing, on calm water where quick rescue is available. Will provide face-up position in calm water, but is not intended to turn or maintain an unconscious individual face up in the water.

Sizes: Vary. Should be stated on tag sown to inside of vest with specific weight limits.

May 22, 2009

Filed under: accidents, attorney, crash, driving, lawyer — admin @ 7:38 am

UNDER THE INFLUENCE OF TEXTING

According to AAA and Seventeen Magazine 46% of 1000 teenagers polled said they text-message while driving. 51% said they talk on their cell phones while driving.

“Adults with their blackberries also text-message while driving. This is one of the biggest challenges facing drivers today is distractions,” comments spokesperson for AAA. “The next generation of drivers is doing it and do not think twice about the consequences it could cause.”

Almost 70% of American cell phone users send at least one text a day. Texting statistics done by livescience.com show that 2,600 deaths and 330,000 injuries are caused by cell phone distraction in the U.S. everyday. These numbers are probably on the conservative side, as mobile phone usage is on the rise. Five people a day die from cell phone distractions.

Everyone seems to agree, even those in the wireless industry that the buzz of ones PDA or cell phone shouldn’t be answered in the car. But we still check to see who it is and important or not send a response.

Studies show that text-messaging distractions are like being drunk while driving, cutting down attention and ability to react to dangerious situations. Distractions have been around as long as their has been cars. The most common driving distraction is day dreaming,texting or talking on the phone, fixing hair, comforting or disciplining children and eating.

BACK TO TOP

FLORIDA PERSONAL INJURY LAWYER / ATTORNEY
SERVING THE ENTIRE STATE OF FLORIDA INCLUDING
STUART • PORT ST. LUCIE • OKEECHOBEE • PALM BEACH • VERO BEACH

OUR PROMISE TO YOU
Devoted to excellence, justice and maximum compensation
for victims of serious injuries, neglect and wrongful death.

Visit the Nursing Home Neglect and Abuse Website
Get a free plastic wallet card today!
Signing on for Safety - Young Driver/Parent Driving Contract

Click here for Map & Directions to our Stuart, Florida Offices Click here for Map & Directions to our Okeechobee, Florida Offices