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Archive for the ‘Consumer Safety’ Category

Why Ban Texting and Driving Just on Beaches?

Friday, April 20th, 2012

The woman in the segment of NBC’s “Today” show above is now on her way to state court after being run over by a Volusia County Beach Patrol truck while she was sunbathing on the beach last year. As Matt Lauer says at the beginning of the video, “The beach is one of the last places that you would ever worry about being hit by a car,” but in fact, a 4-year-old was struck and killed in New Smyrna Beach and another 4-year-old was hit and killed in Daytona Beach in 2010.

WJXT-TV reported on April 6, 2012, that Volusia County is now hoping to implement a ban on texting while driving on the beach. The story noted that several beaches along the coast of northeast Florida allow people to drive on them and another man had accidentally run over a 1-year-old girl at Huguenot Park.

While WJXT noted that Jacksonville did not have any plans to implement the same rules, Jacksonville Sheriff’s Office Undersheriff Dwain Senterfitt told the network that he also agrees with a texting ban for beach drivers. “The Legislature makes the laws, we just enforce them,” Senterfitt told WJXT. “People probably shouldn’t text and drive anywhere. People should drive with their attention to driving. In fact, if somebody’s texting while driving, if their driving’s not good we could stop them for careless driving. We have a statute for that already.”

With April being National Distracted Driving Awareness Month, lawmakers all over Florida should be implementing bans on texting while driving for all locations, not just beaches. The careless driving charge at least allows officers throughout the state some way to ticket distracted drivers, but we must put forth a more comprehensive law to ban distracted driving if we hope to ever reduce the number of otherwise preventable auto accidents caused by inattentive drivers.

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury attorneys

Examining the Specific Offenses That Contribute to Aggressive Driving

Friday, April 13th, 2012

The video above is another news segment, this one from WFTS-TV, regarding the campaign by the Florida Highway Patrol (FHP) to crack down on aggressive driving that we began discussing on Monday. While aggressive driving behaviors contribute to a majority of all auto accidents, the Governors Highway Safety Association (GHSA) notes that aggressive driving is not an enforceable offense in Florida. Instead, an issuing officer can select an “Aggressive Driving” checkbox on tickets for data collection purposes.

Such actions, as defined by state statute, involve at least two of the following offenses:

  • Speeding — According to an online report by the National Highway Traffic Safety Administration (NHTSA) for the law enforcement community, 30.7 percent of all fatal crashes from 2003 to 2007 involved a speeding driver.
  • Unsafe or improper lane change — This typically involves one vehicle changing lanes with no regard for the safety of others, usually resulting in an accident.
  • Following too closely or tailgating — The person who was following will always be at fault in a rear-end collision, no matter what reason the driver in front stopped, as all motorists are required to allow themselves enough distance between vehicles to come to a complete stop.
  • Failure to yield right of way — This can frequently involve left turns and 3-Way or 4-Way stop signs, but can also include T-intersections, right turns on red and crosswalks.
  • Improper passing — This can include passing on the right, “blind” passing when approaching the top of a hill or a curve, or any other type of pass that endangers other motorists
  • Failure to obey traffic control devices — According to the American Automobile Association (AAA), a 2008 study showed that 58 percent of respondents sped up to beat a yellow light. While only 6 percent deliberately ran red lights, either is a risky decision that could be classified as aggressive driving.

According to a 2009 report from AAA, aggressive driving behaviors were a factor in 56 percent of fatal crashes between 2003 and 2007.  With the Florida Department of Transportation reporting an increase in the number of aggressive driving citations issued for each of the past seven years, it is important for all motorists to understand the risks of retaliating when cut off by another driver or being tailgated by another motorist. We must all maintain control of our emotions while behind the wheel to ensure that our roads and highways are as safe as possible.

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury attorneys

FHP Will Be More Assertive About Aggressive Driving Citations

Monday, April 9th, 2012

This video is a segment from WPTV-TV discussing a crackdown by the Florida Highway Patrol (FHP) on aggressive driving during the final three days of February this year. The South Florida Sun-Sentinel reported on March 8, 2012, that the statewide campaign resulted in 67 citations for aggressive driving, which involves two or more violations at once involving some combination of speeding, tailgating, running red lights or stop signs, improperly changing lanes, improperly passing or failing to yield right of way.

The push to stop aggressive driving did not end once March began, however. Rather, an FHP press release stated that troopers once again orchestrated crackdowns from March 30 through April 4 as part of the second phase of Ticketing Aggressive Cars and Trucks (TACT), and the Sun-Sentinel reported the FHP would again be targeting aggressive drivers on May 9 and 10.

Of course, aggressive driving is not something that you should avoid doing simply to avoid receiving a ticket. According to the Sun-Sentinel, the FHP says that 88 percent of auto accidents are attributable to the behavior of drivers. Furthermore, the Sun-Sentinel also noted that “law enforcement officers statewide wrote 23,180 traffic tickets indicating the driver was driving aggressively” in 2010, more than six times the 3,815 issued in 2003.

On Friday, we will discuss some specific reminders all motorists should keep in mind on the highways to help ensure they are driving safely and, thus, reduce the risk of receiving a ticket classified as an aggressive driving violation.

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury lawyers