- Don't Cause a Car Accident in Davie, Florida, It Will Cost You
In what we can only imagine is the beginning of an alarming trend, drivers who cause car accidents in the Town of Davie, Florida, a suburb of Ft. Lauderdale, will be billed close to a $1,000.00 by the Town for expenses supposedly incurred in their handling of those car accidents. The expenses are associated with the alleged cost of police and emergency medical responders having to attend to the collision.
The proposal was opposed by the Town's Mayor, who said such billing should only apply to crashes on major highways. However, the ordinance, in its current form, applies to all car accidents on all roads in and around Davie, which require the Town to provide such emergency assistance.
According to the Town, most car insurance companies have agreed to be responsible for such charges. Regardless, considering the amount of property taxes Florida Residents pay toward police and fire rescue services, forcing insurance companies to reimburse these publicly funded services certainly will only cause the insurance companies to increase local residents' premiums. as they always pass along such charges.
Aside from the obvious insurance issues, we are concerned as to what type of due process allegedly negligent drivers have to challenge their fault, which is ultimately a concern for all of us.
- South Florida Car Accident Deaths Declining
Finally in some good news for Broward County residents, police are reporting a seven percent decline in car and motorcycle deaths this year, compared to 2007. This makes the second consecutive year of such decline. According to the Florida Highway Patrol, car and motorcycle accident wrongful deaths are decreasing monthly.
Reports indicate the drop in such car accident related deaths is associated with the apparent decrease in vehicle traffic in South Florida. This trend mirrors national statistics in the reduction of vehicle traffic, possibly tied into the dramatic increase in the cost of gas, which also has drivers speeding less, in an apparent effort to save fuel.
Unfortunately, there still were 134 traffic deaths in Broward County this year, a figure that in our opinion remains too high. We only hope Florida driver, particularly those in Ft. Lauderdale and the surrounding area, continue to take precautions such as slowing down, and wearing seat belts, to continue with this trend.
Broward traffic deaths in the same period of 2008
- Injured Florida Car Accident Victims Cannot Sue Rental Car Companies
In what is certainly bad news for those injured in car accidents caused by the negligence of rental car drivers, Federal Law now definitively prevents any such personal injury cases against those rental car companies. While the United States Congress previously enacted the so-called Graves Amendment, a number of lower courts in Miami and Ft. Lauderdale had found the amendment to be unconstitutional.
However, yesterday, the 11th Circuit Court of Appeals, which essentially oversees all cases in the Southeastern United States, issued a ruling that the Graves Amendment is constitutional. This ruling, for all intensive purposes, puts an end to all such personal injury and wrongful death cases against all rental car companies.
Considering the number of out-of-town and international drivers operating rental cars upon the roadways of the State of Florida, it is truly disappointing to inform our severely injured clients and surviving family members of such deadly accidents, that they will be without any recourse, unless the renter of the car actually took out additional liability insurance. We can only hope that the new congress will rethink this law, which only serves to protect an industry which profits significantly from those out-of-town drivers, many of whom are unaware of, or disregard, the dangers of driving on our roadways.
- Disabled Truck Drivers Cause Many Deadly Accidents
According to a recent government report, many truck accidents, especially those resulting in wrongful death, particularly in Florida, are caused by truck drivers with diagnosed disabling medical conditions. Even though many of the drivers receive social security disability payments, for seizures, heart attacks or loss of consciousness, thousands of those same truck drivers also have valid commercial driver's licenses.
One such example is of a Florida bus driver who suffered from lung disease, who admitted he occasionally blacks out. The driver, despite not having a medical certificate, has a valid licenses through 2010. The bus driver apparently has received disability benefits for over fourteen years, as he losses his breath when walking.
Unfortunately, the Federal Motor Carrier Safety Administration, who is responsible for overseeing such truck drivers, admitted it has not complied with regulators' proposals, such as determining if truck drivers are medically safe to drive. We can only hope that Congress will act to insure that the necessary regulation of such truck drivers is implemented before someone else is seriously injured or killed.
- Car Accident In Miramar Leads to Wrongful Death of Baby
In what we consider to be the most tragic, and preventable, type of wrongful death, an early Sunday morning car accident in Miramar, a suburb of Fort Lauderdale, left a less than one year old baby dead. Unbelievably, the baby was in a baby carrier which her mother failed to secure. The single car accident occurred when the mother apparently fell asleep and hit a concrete sign along Miramar Parkway.
Not surprisingly, according to police, alcohol was apparently a factor in the collision.
According to the police spokesman"besides being a law that a child has to be securely fastened inside of a vehicle, it's every parent's responsibility to make sure this sort of tragedy doesn't happen," we could not agree more. Having had the unfortunate opportunity to represent many families whose children have died in similar accidents, we can only hope all parents and caregivers take a firm stance to protect those unable to protect themselves.
- New Florida Law Hopes to Prevent Motorcycle Accidents
All we can say is, "it is about time," as Florida will finally require anyone who wants to get a motorcycle license to undergo a basic riding course. Given the number of motorcycle accidents, particularly in Miami and Ft. Lauderdale, too many of which result in serious spinal cord injuries, we certainly believe that this new law will have a beneficial effect.
Unlike the present law, which only requires a knowledge and skills test, the new law, going into effect on July 1, requires everyone who wants to get a new motorcycle license endorsement to take a basic rider course before they can even apply for such a license. Once they past the test, the state will then notify those who applied when they are permitted to go to their local driver's license office to get their license.
In our practice we too often see the debilitating injuries and loss of life caused by untrained and inexperienced motorcycle operators. We certainly hope this will be the first of many steps the Florida Legislature takes to protect all Floridians.
- Police Enforce "Move Over" Law to Prevent Roadside Car Accidents
In their annual effort to remind Florida motorists of their need to comply with the "move over" law, the Florida Highway Patrol is beginning a strict enforcement policy this week. The increased police effort is to hopefully prevent needless roadside
