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April 10, 2010

Filed under: accident, attorney philip deberard, pedestrian accident — admin @ 2:00 pm

Fatal Accidents Involving Pedestrians Declined in 2009 on
Treasure Coast

After being among the state leaders in pedestrian traffic fatalities from 2007 to 2008, the number of those types of deaths on the Treasure Coast declined in 2009.

Florida Highway Patrol statistics show the Treasure Coast had nine deaths in 2009. The region averaged 13.8 annually from 2004 to 2008.

FHP spokesman Lt. Tim Frith attributes the decline in deaths to law enforcement, advocacy groups and businesses putting a greater emphasis on traffic safety.

Florida has been among the top three states in non-motorist highway deaths since 2001. Laura Hallen, director of the 2,400-member Florida Bicycle Association, said Florida’s roads aren’t pedestrian friendly.

“One of the challenges is that Florida was built almost exclusively for motorists,” she said. “It has high-speed highways with multi lanes” and motorists can be slow adapting to the presence of bicyclists and pedestrians.

Plus, the usually good year-round weather leads to people walking or riding bicycles, she said. She wants more emphasis on pedestrian and bicyclist safety.

The Florida Department of Transportation is making $500,000 in federal grants available this year for school safety education programs for bicyclists and pedestrians in a five-county area that includes the Treasure Coast.

So far, school officials in St. Lucie and Indian River counties are expressing interest in getting money for educational programs aimed at making children more safety conscious, said Carmen Pullins, a program manager with the FDOT.

In recent years, both St. Lucie and Indian River counties have used other federal money to build sidewalks, particularly around schools.

From 2007 to 2008, Indian River County received $2.9 million in grants while St. Lucie County collected about $2.6 million. Martin County didn’t apply for the grants, Pullins said.

From 2007 to 2008, Indian River County had 10 deaths, earning it a ranking of second in pedestrian danger out of 20 metropolitan areas in Florida, according to the joint report by two Washington-based safety research groups, Surface Transportation Policy Partnership and Transportation for America.

The ranking is based on the number of deaths and the percentage of people walking to work, as well as population.

The combined St. Lucie-Martin county metropolitan area ranked 13th, according to the reports. There were 14 deaths in two years in an area with 403,700 residents.

Local law enforcement officers are heartened by the drop in pedestrian deaths.

“The reduction is encouraging,” said Martin County Sheriff’s Office spokeswoman Rhonda Irons. Still, “one motor vehicle fatality or one pedestrian death is one fatality too many.

Last year’s accidents on the Treasure Coast appear to have been scattered and not clustered at any location, the officers said.

In 2009, two of St. Lucie County’s four deaths included two people, ages 21 and 24, hit by vehicles while they were fighting on State Road 70 west of Florida’s Turnpike, reports show.

All three of Martin County’s fatalities were in Stuart, including a 67-year-old man who stepped into traffic near the intersection of U.S. 1 and Palm City Road, police reports show.

In Indian River County, a 55-year-old bicyclist was hit on U.S. 1 at the Grove Isle subdivision. The other death involved a walker hit in a crosswalk on 20th Avenue in Vero Beach, reports show.

Frith said even though the number of deaths declined, officers need to remain focused on the problem.

“We want to keep working on reducing the numbers,” he said.

TIPS FOR PEDESTRIANS AND DRIVERS

The Florida Highway Patrol offers the following tips if you are walking or driving to school or work or waiting at a bus stop.

PEDESTRIANS:

Make yourself visible to drivers. Wear reflective materials and bright/light-colored clothing and carry a flashlight when it is dark.

Eliminate distractions, such as wearing headphones, talking on the cell phone or texting while walking — especially when crossing the street.

Stand clear of buses, hedges, parked cars or other obstacles before stepping into the street.

Always walk on the sidewalk. If there are no sidewalks, walk facing traffic.

Stay sober. Walking impaired increases your chance of being struck.

Do not assume vehicles will stop. Make eye contact with drivers and wait until they show signs of slowing or stopping for you.

Obey traffic signals. Only cross the street when the appropriate signal is lit.

Do not rely solely on pedestrian signals. Look before you cross the road.

Watch for cars backing up in parking lots and near on-street parking spaces.

Cross streets at marked crosswalks or at intersections.

Look left, right, behind and left again before crossing a street or stepping into traffic.

Watch for turning vehicles. Make sure the driver sees you and will stop.

When crossing multiple lanes of traffic, look across all lanes you must cross and visually clear each lane before proceeding.

DRIVERS:

Keep an eye out for pedestrians. Scan the road and roadside ahead of you.

Look in all directions before you make a turn and yield to pedestrians at crosswalks.

Eliminate distractions such as texting or talking on a cell phone, eating, applying make-up.

Do not park in or block crosswalks.

Pay close attention to vehicles stopped for crossing pedestrians. Do not pass the stopped vehicle.

Know when to stop for a stopped school bus.

Come to a complete stop at stop signs and signals and always be prepared to stop for pedestrians.

PEDESTRIAN DEATH TOTALS .
County Total for 2004-2009 Average per year
Indian River 19 3.1
St. Lucie 33 5.5
Martin 26 4.3

SOURCE: National Highway Traffic Safety Administration and Florida Highway Patrol
TREASURE COAST PEDESTRIAN DEATHS.
County 2005 2006 2007 2008 2009
Indian River 3 2 2 8 2
St. Lucie 11 7 2 5 4
Martin 5 7 3 4 3

SOURCE: National Highway Traffic Safety Administration and Florida Highway Patrol

November 13, 2009

AAA RELEASES NEW DATA ON DANGERS OF TEXTING AND DRIVING

A report from AAA released recently reveals how dangerous it is to text while driving. Nearly one out of five U.S. drivers surveyed has read or sent a text message while behind the wheel, even though nearly all of the respondents in the AAA survey considered such an action unacceptable. AAA Chief Executive Robert Darbelnet, in a statement accompanying the survey, commissioned by the AAA Foundation observed:
the new technologies that helps us multitask in our lives and increasingly popular social media sites present a hard-to-resist challenge to the typically safe driver. Enacting texting bans for drivers in all 50 states can halt the spread of this dangerous practice nationwide and is a key legislative priority for AAA.

18% said they had sent a text message while driving within a month of being surveyed. In a survey commissioned by Ford Motor Co. it was reported that 93% of 1,000 licensed drivers supported a nationwide ban on texting while behind the wheel.

58,790 people were killed and 515,000 injured lst year in vehicle crashes connected to driver distraction. Driver distraction was involved in 16% of all fatal crashes in 2008. The greatest proportion of distracted drivers were those age 20 and under.

The National Safety Council wants a total ban on cell phone use while driving. Other groups have focused on texting, which has grown from nearly 10 billion messages a month in December 2005 to more than 110 billion in December 2008.
Source: Insurance Journal

October 6, 2009

Filed under: accident, car crash, roll over, tire safety — admin @ 6:09 am

Tire Pressure Monitors? Can You Rely on Them?
Drivers Must Still Be Vigilant, Even With TPMS
By Mac Demere, Contributor edmunds.com

Here’s a quiz: What might it mean when your car’s tire-pressure monitoring system (TPMS) warning light is not illuminated?

a) Your tires may have plenty of pressure for all situations;
b) Your tire pressures might be so low that they may overheat and blow out;
c) Your tire pressures might be so low that the tires have little traction for wet roads or accident avoidance;
d) All of the above.

The answer is “d.” And “D” is the best grade some tire safety experts, consumer groups and drivers may give tire-pressure monitoring systems. Why? Because TPMS will warn you only when a tire is severely — perhaps dangerously — underinflated.

TPMS: Mandated by the Federal Government
If you’re driving a car, truck or SUV built in the past few years, there’s a good chance that it has a TPMS. Starting with all 2008 models, in fact, it’s a required feature. In response to the rollover incidents involving the Ford Explorer and Firestone tires, Congress enacted the TREAD Act in 2000. Part of this act got the process moving for having a TPMS in every vehicle.

An illuminated tire-pressure warning light symbol looks like the cross-section of a tire with an exclamation point in it. But due to a variety of considerations from tire companies and automakers, a TPMS warning light isn’t required to come on until a tire is 25 percent underinflated.

“[This is] well below the pressure required for safe driving,” says the American Automobile Association. This is partially because the recommended pressure for some vehicles is barely adequate to carry the vehicle’s maximum load, according to the Rubber Manufacturers’ Association (RMA). This means if you’re driving a minivan full of high school football players or a pickup with a bed full of damp mulch on a slightly underinflated tire, it could overheat and blow out.

Only as Good as the Driver
In theory, a TPMS is just one more feature that helps a driver understand the safety of his or her car. But it’s effective only if drivers are still vigilant about checking their car’s tire pressures.

People who rely on the TPMS to warn them about low pressure are taking their chances. A worrisome survey conducted by the RMA revealed that 40 percent of motorists say they would never check their tire pressure unless the TPMS light came on.

And once the light does come on, of course, some people might wait days to get around to filling their tires. In addition to being a safety hazard, low tire pressure decreases fuel economy and causes tires to wear out more quickly — all reasons to be vigilant.

Losing Control Before the TPMS Illuminates
From personal experience on the racetrack and test track, I know how poorly a car handles in emergency situations with a tire underinflated by even a small amount.

But everyday drivers are also at risk. During driving demonstrations, I’ve ridden with hundreds of non-professional drivers in cars with low air pressure. They drove around a wet-handling course in two identical cars: one with proper pressure and the other with rear tire pressure intentionally set 23 percent low.

When the rear tire pressure was low, many drivers lost control and spun out before they had completed a single lap.

If you reversed the situation — properly inflate rear tires but reduce pressure in the front tires — the car won’t respond appropriately when you turn the steering wheel. It will just plow straight ahead.

The accompanying photos, taken by Michelin engineers, explain much of what’s happening. A vehicle moving at 60 mph passed over a glass plate covered by 5mm of green-colored water. When inflated to the recommended 35 psi, the tire kept much of its tread on the surface. When pressure was lowered to 30 psi, less of the tire stayed in contact with the surface. When pressure was dropped to 25 psi, almost the entire tire literally floated on top of the water.

The accompanying infrared photos show that underinflating a tire just 5 psi can potentially cause a tire failure. An underinflated tire flexes more than a properly inflated tire, and that creates heat. Excessive heat can break down components and chemical bonds inside a tire: It’s much like bending a wire coat hanger: Bend it far enough and long enough, and it’ll heat up and snap. This is especially important when the weather is hot and speeds are high.

Where Do Automakers and the Government Stand?
So why didn’t the National Highway Traffic Safety Administration (NHTSA) require that the warning light illuminate sooner, before the pressure dips too far? According to NHTSA spokesman Eric Bolton, “The TPMS regulations were meant to warn drivers that a tire failure is imminent, not to indicate unsafe handling might occur.”

From the standpoint of the automakers, having a TPMS that activates at a lower threshold is problematic from a false warning perspective. Changes in temperature can have a dramatic effect on tire pressure. The concern is that frequent tire pressure warnings would cause drivers living in places with extreme temperature fluctuations to ignore the systems entirely.

Indirect Vs. Direct TPMS

Much more useful to drivers are the type of systems that actually display the pressure of each tire. There are two types of TPMS: indirect and direct. The lower-cost, indirect TPMS doesn’t actually monitor air pressure. Rather, indirect systems use the antilock braking system’s wheel-speed sensors to detect that one tire is rotating faster than its mates. (An underinflated tire has a smaller circumference so it has to roll faster to keep up.) Thus, the margin of error of indirect systems is large.

Meanwhile, direct TPMS measure a tire’s actual pressure. Expensive versions are accurate to within 1 psi. Current direct systems use a gauge mounted to the wheel or tire valve. This gauge sends a signal to the car’s computer. When you see the warning light from a direct system, trust it and immediately check your tire pressures.

Until recently, if a moderately priced car had TPMS, it was likely an indirect system. Only super-high-performance cars and those equipped with run-flat tires had the more expensive direct systems. In order to meet the full requirements of NHTSA’s TPMS standard, however, almost all new cars have direct systems. With direct TPMS, an automaker can also decide whether to display the actual pressures for each tire via a multifunction display or just rely on the warning light.

Rely on Yourself
On new cars, the automaker’s recommended pressure is on a placard on the driver’s doorjamb. On older cars it can be on the trunk lid, fuel door, glovebox, center console lid, passenger’s doorjamb or in your owner’s manual. It’s not on the tire.

Rely on TPMS to warn you only of a puncture or an active air leak. If you take away only one thing from this article, this is it: It’s your responsibility as a driver to check your tire pressures monthly, or at least to have them checked by someone else.

Mac Demere is a vehicle tester and race driver who competed in the NASCAR Southwest Tour and Daytona 24 Hours.

September 29, 2009

Filed under: accident, attorney, injury lawyer, medication recall, toyota — admin @ 8:05 pm

Toyota recalling 3.8 million cars

WASHINGTON (AP) – Toyota is recalling 3.8 million vehicles in the U.S.

The problem is a removable floor mat that could interfere with the vehicle’s accelerator and cause a crash.

Owners of several Toyota and Lexus models are being warned.

They’ve been asked to take out the floors mats on the driver’s side and not replace them.

The consumer alert affects 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

Toyota ordered dealers to inspect their cars for mismatched floor mats after a mat was suspected of snagging a gas pedal on a runaway Lexus in California. The August crash killed four family members.

September 9, 2009

Filed under: accident, attorney florida, okeechobee, truck accident, wrongful death — admin @ 11:54 am

$1 Million Settlement in Death of 3-Year-Old

Okeechobee: An Okeechobee family has accepted $1 million policy limits in a wrongful death lawsuit. Their toddler was riding his bike when a truck driver struck and killed him.

On a quiet Sunday morning in the parking lot of the Town Center Apartments in Okeechobee, FL, the parents of a three-year-old boy thought he was in a safe place to ride his bicycle. The parents were standing close by, watching; signs saying “Slow Children at Play” were posted; and there were speed bumps throughout the complex to slow down drivers.

Yet, the driver of a 1 ton business truck with dual rear tires “gunned” his vehicle, pulled straight out of the parking space, and unknowingly ran over the small child’s bike, killing the boy instantly. The driver of the truck was unaware of the tragedy and had to be chased down to get him to stop.

The night before this tragedy, the truck driver had been partying in West Palm Beach, not arriving home until 6:30 am. He went to the apartment complex to drop off a friend, and he admitted seeing the child riding his bike in the parking lot when he arrived.

Witnesses said there were no obstructions in the way, so the driver should have seen the child and his bicycle, making the driver negligent. The young boy suffered massive head trauma, which resulted in his death. Tony Goodman, an attorney with the Accident Law Offices of Philip DeBerard, said, “This incident showed blatant disregard for responsible driving in a vicinity where small children play on a regular basis. We hope this settlement will make a difference, emphasizing how motor vehicle drivers must take responsibility for pedestrians.”

The defendant’s business insurance company accepted responsibility for the defendant’s actions, settling the case for the entire policy limits of $1 million. Attorney Philip DeBerard said, “This accident robbed his family of a young and spirited son due to the careless driving of one person. No amount of money can ever take the place of the little boy whose life was cut short so tragically.”

The Accident Law Offices of Philip DeBerard, www.flainjurylawyer.com practices in the area of Personal Injury and Wrongful Death, serving Okeechobee, Stuart, Jupiter and Fort Pierce.

September 8, 2009

Filed under: accident, accident crash, parent, safety florida, teen drivers — admin @ 4:06 pm

TEEN DRIVERS
www.flainjurylawyer.com and request a Signing On For Safety Contract for FREE

It’s not just good parenting, it’s a matter of life and death. You need to talk to your kids about traffic safety early and often – before they reach driving age. When your teenager begins driving, we recommend that you set rules and then clearly outline the consequences of breaking the rules. Remind your teenager that driving is a privilege – a privilege they will lose if they don’t drive by your rules.

We know that getting through to your teen can be tough, but research tells us that teens listen to their parents, and that you influence your kid’s driving habits.
Set the standard
You need to teach safe driving behavior from the beginning. As the parent, you can start by modeling safe driving behavior anytime you drive your kids anywhere, even before they begin to drive.

Talk to your teen about safety issues and the rules you are setting. Explain each one of your rules and the consequences for breaking it. Write up a contract with your teen driver to make sure they drive by the rules and drive as safely as possible. Include the most important issues. Here’s how:

Spell out the rules

Alcohol: Absolutely No Alcohol
Seat belts: Always Buckle Up!
Cell phone/texting: No talking or texting while driving
Curfew: Have the Car in the Driveway by 10 p.m.
Passengers: No more than one at all times
Graduated Drivers License: Follow the state’s GDL law
Parental Responsibility: Set your house rules and consequences

August 13, 2009

Filed under: accident, accident lawyer, attorney florida, auto crash, safety — admin @ 9:00 am

2009 Licensed Drivers by County
Florida Department of Motor Vehicles

Martin County: 126,587
St. Lucie: 213,469
Indian River: 117,550
Okeechobee: 29,139

Highway Fatalities Down in Florida: Florida ended 2008
with 2,983 traffic fatalities, the lowest the statistic has been
in eight years. The last time Florida’s total number of fatalities
was less than 3,000 was in 2000 when there were 2,999
fatalities. State traffic deaths in 2008 were down 238, a seven
percent reduction, from 2007 when 3,221 people died and
328 fewer than the five-year average of 3,311 deaths. While
the numbers of fatalities are similar for 2000 and 2008, the
Sunshine State’s population grew by more than 2.8 million,
an increase of nearly 18 percent.
Primary Safety Belt Law Passed: Senate Bill 344, the
“Dori Slosberg and Katie Marchetti Safety Belt Law” was
passed by the 2009 Legislature. The new law allows for the
primary enforcement of Florida’s safety belt requirements,
which the National Highway Traffic Safety Administration
estimates will prevent 142 fatalities in Florida annually. The
law, sponsored by Senator Nan Rich, Representative Rich
Glorioso, and supported by Governor Charlie Crist, took
effect June 30, 2009. According to a 2008 National Traffic
Highway Safety Administration study, states with primary
enforcement laws rank in the top five for safety belt usage
while Florida ranks 35th in the nation.
 DUI Enforcement: Ten Troopers from across Florida were
recognized for their outstanding DUI enforcement efforts
in 2008. Each Trooper made over 100 DUI arrests. Trooper
Ronald Evans Jr. earned the Hurd-Smith award for his extraordinary
DUI enforcement efforts, which included 187 DUI
arrests, more than one every other day.
Aggressive Driving: FHP initiated several enforcement
initiatives to combat aggressive driving. In North Florida Operation
“Take Back 98,” intensified enforcement and awareness
on US 98, a congested route in Okaloosa and Walton
Counties, where speeding increases incidents of crashes,
injuries and deaths. In South Florida the Blitz on Aggressive
Drivers task force focused enforcement on the Interstates
running through Broward County. The task force works in
concert to save lives and reduce injuries by stopping aggressive
drivers. In the first six months the task force issued over
1,000 citations. In Southwest Florida where a high frequency
of speeding complaints, crashes and fatalities occur, Aggressive
Concentrated Enforcement Teams have issued 1,158
seatbelt citations, 263 speeding citations, and arrested 26
drivers with a suspended or no valid license.
Operation Safe Ride: A powerful unannounced concentrated
enforcement effort targeted spring-time drivers in
March and April. The effort addressed the growing concern
over speeding, aggressive driving, and other driving practices
that place motorists at higher risk for crashes. Operation
Safe Ride is part of a long-term traffic safety campaign
that focuses on hazardous violations to prevent deaths and
injuries on our roadways. Troopers issued over 22,000 traffic
citations during the combined eight day effort

July 15, 2009

Filed under: accident, accident lawyer, safety — admin @ 9:55 am

Slow Down – Move Over
What is it?

The “Move Over” law was created to increase safety for roadside workers and stranded motorists. The law requires motorists to change lanes and slow down to allow room for emergency vehicles to work safely. If moving to another lane is impossible, motorists must slow down significantly below the posted speed limit.

A Tragic Example

Just this past Memorial Day, Vincente Torres, a 44-year old tow truck driver was killed in a hit-and-run crash as he helped a motorist whose vehicle was disabled on the side of the road. His death may have been prevented had the hit-and-run driver, who is still at large, abided by the ‘Move Over Law’.

Such tragedies don’t have to occur. Remember…

* Move over or slow down when approaching a roadside recovery vehicle or an emergency vehicle with flashing lights. This is a real law with real consequences.
* Emergency workers need room to safely do their jobs. Provide the same courtesy you would expect if your vehicle were disabled and you required emergency help.
* If your vehicle is disabled, pull as far from the road as safely possible.
If you can, safely, exit on the passenger side of your vehicle, away from oncoming traffic.
* Use your emergency/hazard lights.
The Facts

In 2005, 390 workers were killed in struck-by incidents, according to the National Institue for Occupations Safety and Health (NIOSH), accounting for seven percent of all fatal occupational injuries.
According to FBI statistics, law enforcement officers being struck and killed is a major cause of law enforcement deaths. 41 states currently have some form of move-over laws. Only 25 states include roadside service vehicles (tow trucks) in their move-over laws.

Florida “Move Over” Law:
Requires drivess to reduce speed and vacate the lane closest to emergency vehicles including recovery vehicle or wrecker.
Click here for the complete law.

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