Recently in Florida Traffic Laws Category

February 4, 2012

Investigators Still Looking For Answers in Florida I-75 Pile Up That Killed Ten

Local community members are asking many questions about the safety of our area roadways following a series of Florida car accidents last Sunday on Interstate 75 that took the lives of at least ten Floridians. Those driving in the area probably noticed that heavy smoke and fog blanketed large stretches of the highway, making visibility for drivers close to impossible. The fog was caused by a fire that had started in the Paynes Prairie area south of Gainesville. According to a report in the USA Today, it wasn't long before the weather led to a three-vehicle accident. One motorist was severely injured in that collision and a stretch of the highway was temporarily closed.

car crash 3.jpgShortly after the road re-opened following that initial crash, an incredible eighteen vehicles were caught in a chain-reaction collision instigated by the poor visibility. More than a dozen cars and at least six tractor-trailers were involved. When all was said and done, at least ten travelers were killed and many others were injured--some severely. Our Florida auto accident lawyer has worked on these motor vehicle cases for years and understand that this tragedy is one of the worst pile-ups in decades.

The Panama City car accident attorney at our firm knows that in the aftermath of these accidents the legal issues related to the event are far from the minds of the victims. Medical recovery and dealing with the grieving process are of paramount concern. However, there will eventually come a time for very serious questions to be asked about what caused this accident, how it could have been prevented, and what steps need to be taken to avoid a repeat occurrence. When it comes to potential legal liability there are two big issues to sort through:

1) What individual acts of negligence led to the pile-up? Subsequent legal actions filed on behalf of victims would try to parse out the series of events that actually caused the chain-reaction to occur. For one thing, the source of the fire must be determined, as the fire is likely one of the main causes spurring the accident. The overall analysis will rely heavily on the results of investigations into the collision by law enforcement officials. Similar legal principles will apply whether the suits are filed by injured victims or whether they are Florida wrongful death lawsuits filed by family members of those killed in the tragedy.

2) Do public bodies which allowed driving in the dangerous stretch of road in the middle of such challenging weather conditions bear some responsibility? Interstate 75 has had its share of road tragedies in the past, and one local paper has referred to the stretch of highway between Ocala and Gainesville as a "Bermuda Triangle." Should public officials have better warned drivers of the danger of the area? Officials had the power to close the highway, particularly because there had already been a serious three-car accident before the larger eighteen-vehicle collision. Officials may have been able to do more to prevent the pile-up. Over the years many have actually called for a truck bypass to be built in the area to avoid tragedies just like this one.

Whatever the case, there is undoubtedly much more to this Florida road tragedy. Everything must be done to ensure the victims (and their families) are provided as much support as possible. Other motorists should also take note and use the incident as another reminder of the risks that exist whenever one travels and the need to take every possible precaution to remain safe on the road.

See Our Related Blog Posts:

Four-Vehicle Panama City Car Accident Takes Life of Resident

Don't Let Your Friends Drive Drunk

February 2, 2012

Four-Vehicle Panama City Car Accident Takes Life of Resident

car accident.jpgPanama City car accidents strike with shocking frequency. While these incidents are referred to as "accidents," in almost all cases they are not truly accidental--they could have been prevented had drivers acted reasonably while behind the wheel. Fortunately, the law provides an avenue for recourse for all those hurt by the misconduct of others on the road. Many local families receive the resources they need to fully recover following an accident by visiting with a Panama City car accident lawyer and getting legal help.

Day in and day out local residents are hurt in roadway mishaps, often through no fault of their own. For example, last week the Walton Sun discussed a tragic four-vehicle crash at the intersection of U.S. 98 and Moates Avenue. According to the report, for reasons yet to be ascertained, a vehicle stopped in a lane for no apparent reason. Those involved speculate that the car was making a right hand turn but was not in the turning lane. The car traveling behind the stopped vehicle rear-ended it. This lead to a chain-reaction crash with four vehicles ultimately involved.

As often happens in these situations, the damage was severe. One of the vehicles was overturned and the other three were severely damaged. Sadly, the personal consequences were even worse. There were two passengers in the car immediately behind the stopped vehicle. One of those passengers, Michelle Milton, was rushed to the hospital in critical condition. Unfortunately the wounds were too severe, and she died later that day. Two other passengers were treated at the same hospital and another was treated at the scene and released.

The attorney at our Panama City injury law firm believes that these tragedies occur far more frequently than they should. They also present a range of unique legal issues. For example, if a lawsuit results from this accident, the liability will likely hinge on what the investigation into the situation specifically finds out about the accident. As with all civil car accident cases where potential negligence is involved, what matters is the conduct of each driver before the accident.

When another driver's unreasonableness causes an accident then legal liability should attach. In this case, for example, the driver who was improperly stopped in the middle of the road likely acted negligently which contributed to the accident. Other potential factors include the speed of the other cars, whether drivers were distracted, and similar issues. Of course, in many cases, particularly those where multiple vehicles are involved, there is the chance that different drivers could share in the responsibility. In this case the first vehicle might have been inappropriately stopped in the wrong lane while, at the same time, the driver behind the stopped car might have been traveling a bit too close or going too fast.

It is important for all those in this situation to realize that even if they were not driving perfectly, that does not mean that they cannot recover. Florida is known as a "pure" comparative fault state. That means that in these situations each negligent party will be assigned a percentage of fault. Any damage award is then reduced by the percentage of the plaintiff's fault. Our Panama City car accident attorney understands that many local car accidents victims remain unsure of their rights and confused about whether or not to seek out legal help. But at the end of the day there is nothing to lose from talking with one who has been working with these issues for decades. We urge all residents in these situations to take the time to get professional assistance in the aftermath of an accident.

See Our Related Blog Posts:

Don't Let Your Friends Drive Drunk

Important Thinks To Do and Not Do After and Accident

October 13, 2011

A Surprise Result Of Reduced Traffic Citations

Let's talk about traffic law, specifically, traffic citations. The common thinking is that accidents go down if our city gives more traffic citations to control speed, reckless driving, and so on. Right? Well, one town in northern California sharply reduced the number of traffic tickets, and guess what. Accidents went down. Way down.

Roseville, California, reduced the number of tickets its police gave by 84%. The number of tickets was 1,317 in the first six months of 2011 compared to over 8,000 during the same time the year before. The city manager said he wanted his police staff to focus on long term solutions to traffic problems and not feel pressured to write tickets. Also, he made it clear that he doesn't like speed traps. A few nearby cities may want to take note of that. Instead of spending their time using radars on approaching cars, officers in Roseville are assigned to dangerous areas and are asked to be creative about solving traffic and safety problems. What was the result? Traffic tickets were down, as I said, by 84%. Accidents dropped, too, by 7% despite the fact that tickets were almost not being written.

Modern research does support the idea that drivers are more likely to follow the laws and be safe if they fear getting a traffic citation, but the interesting experience in Roseville suggests that traffic tickets aren't the only way to achieve road safety. Anything that is helpful to reduce the number of traffic deaths in this country, over 33,000 a year, and associated costs of at least $150 billion, is welcomed. But to an officer with a hammer, meaning a ticket book, everything may look like a nail.

Based on the Roseville statistics, officers and their bosses in the city halls can't say that tickets are the solution to everything. Most don't want to. Innovation in traffic safety, such as by better timing of traffic lights, is now becoming the focus. Giving police officers the leeway to devise practical solutions to problems may be the best way to achieve safety.

August 22, 2011

Pedestrians Are At Greater Risk Of Injury

More people are resorting to walking than driving these days due to the increasing cost of gas. They are walking on roadways that were not designed for the increased foot traffic resulting in more injuries and fatalities. Some groups of individuals do not have the income to afford a car and adequate insurance forcing them to either walk or use any available public transportation. This means walking to and from the designated stop locations.

In Panama City and many surrounding areas, many roads are in rural settings. The roads may be only 2 lanes with no room for pedestrians to walk along the side of the roadway. In more populated settings, the road still may not provide adequate space to safely walk alongside a highly traveled roadway.

Many injuries and deaths could be avoided by improving the design of the roads. In fact, 12-percent of the roadway fatalities are the result of pedestrian deaths. Florida State ranks the worst when it comes to pedestrian safety listing 4 major cities on the Pedestrian Danger Index (PDI) for 2011.

What can you do to help improve the safety of our roads? As a driver, be more alert! Watch for pedestrians exiting from the trolley's or other methods of public transportation. This is one of the most dangerous situations. They don't stop at intersections often resulting in people darting across the road. Be prepared to stop!

As a pedestrian, follow the rules! Florida pedestrian laws are clear and are mainly common sense. Wearing bright colors, crossing at a crosswalk and walking either on a sidewalk or as far off the roadway as practical are among many rules that are meant to keep us safe. Don't take chances and cross while traffic is coming assuming they will stop for you.

As a citizen, write to your congressman or representative and voice your concern for the safety of our roadways. Budgets of every state are under pressure. If enough citizens voice their concern, it may help to identify their priority.

August 11, 2011

Review Your Driving Knowledge by Checking Your State's Driving Manual

You study a state's drivers' handbook to take the driver's license test, but consider using it one other way. That is, as a source of information to periodically remind you of the driving laws and highway safety. I'll concentrate on Florida's laws today.

First, who is required to have a Florida license? If you are a Florida resident or have moved to Florida and have a license from another state, you must get a Florida license within thirty days of becoming a resident. The definition of "resident" can be trickier than it sounds. You're a resident if you enroll your children in public school, register to vote, file for a homestead exemption, accept employment, or live here for more than six consecutive months. Major exceptions are members of the armed forces and their families (although there are exceptions to that) and non-residents who attend school in Florida.

Those laws are pretty mundane, so let's consider some laws and ideas that can help you avoid a wreck, an expensive traffic ticket, or jail. One thing that comes to mind immediately involves passing. Passing on the right on a two-lane road, typically signifying that you're passing on the shoulder, is illegal. Why? Presumably the car you're passing has slowed or stopped to turn left. If that driver decides to cancel that left turn and proceeds straight ahead or turns right, you're going to hit that car or get hit. Instead of passing on the right, have patience. Stop if necessary.

Our Florida driver's manual has important sections dealing with vehicle control. It may be comfortable to steer with one hand or a wrist thrown over the steering wheel, but if you hit a pot hole or have to swerve, control can be lost. Once an emergency arises, it usually takes too long to get the hands in position to regain control. The manual also reminds us that all kids five and younger must wear an approved restraint while riding in a vehicle. The number one killer of young children in the United States is wrecks in which children were completely unrestrained. Be safe. I'll discuss more safety laws soon.

April 18, 2011

Florida Pedestrians Laws Are Intended to Keep You Safe

According to the National Highway Traffic Safety Administration, NHTSA, 4,092 lives were lost in pedestrian/motor vehicle accidents in 2009. That's one person every 9 minutes of every day.

Florida, as well as other states, has specific pedestrian laws to help keep those walking on the roadways safe. However in order for the laws to actually keep you safe, both motor vehicle operators and the pedestrians need to not only be aware of them but, also, abide by them.

The most important thing to consider is where on the road you are walking. It makes common sense to always use a sidewalk or crosswalk when one is available, but what about the many rural roads in areas surrounding Panama City?

The pedestrian law, (Fla. Stat. Sec. 316.130(3), (4) and (18); and Sec. 316.2065(12)) states:
•Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of the roadway paved for vehicular traffic.
•Where sidewalks are not provided, a pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrians direction of travel, facing traffic which may approach from the opposite direction.

Common sense plays a key role in staying safe while walking on the roadway.
•Always stay alert and aware of your surroundings. Headsets and other diversions take your attention away from the road. If you insist on wearing a headset, keep one ear open so you can stay alert.
•Always face traffic so if something is coming at you, you may have an opportunity to take evasive action and avoid a collision.
•Never rely on the 'other guy' to follow the law. If the traffic is moving at high speeds, you should try to walk as far off the roadway as possible even if you have the right to walk along the side of the road as stated in the law.
•Wear brightly colored clothes if you are walking at night. Something reflective is best, even during the day. Avoid wearing dark colors.

It won't be long before the kids are out of school for the summer. As kids do, they will walk along roads. Talk to your kids about road safety. Whether they're walking or riding their bikes, let's keep them safe to avoid the unthinkable.

November 9, 2010

US Pilot Grounded After Security Guard Suspected Alcohol Consumption

An alert security guard may have saved 213 passengers headed for Detroit from potential peril. A Delta airlines pilot was removed from the cockpit of a Boeing 767 on November 6th and was found to be almost 5 times the legal limit for pilots, a quarter of the maximum for drivers. First Officer George La Perle was departing from Heathrow airport in London when security guards detected alcohol on him. When asked for his destination, he told the guards he was flying to New York. They followed him to the plane he was to pilot and found that the flight was in fact heading to Detroit. When he was removed from the cockpit, it was reported his shoe laces were undone. Could he have been preparing for a nap along the way? It's anyone's guess but certainly a safety issue for those 213 passengers on board. As a frequent flyer, this is a concern for me as well.

According to the Bureau of Transportation Statistics (BTS), nearly 70 million passengers traveled on US airlines in the month of April, 2010 alone. Each of those passengers is relying on the pilot to get them to their destination safely and with any luck, on time.

An alarming number of reports reveal pilots are taking to the air under the influence of alcohol. As recent as September, another pilot already on the runway preparing for takeoff was stopped and removed from the plane departing from Amsterdam headed for New York.

This is not a new problem. In 2002, two pilots were arrested when they were about to pilot a plane from Miami to Phoenix. In trial testimony, it was said they spent several hours in a sports bar consuming 14 glasses of beer and left the bar just 6 hours prior to takeoff. One of the pilots had been on probation for a highway DUI just months before.

Continue reading "US Pilot Grounded After Security Guard Suspected Alcohol Consumption" »

September 20, 2010

Florida Child Safety Inspections

The National Highway Traffic Safety Administration has designated this week, September 19 - 25, as 'Child Passenger Safety Week'. The event is to educate parents and those drivers transporting children of the importance of properly installing the safety seat. Although it may seem a simple task, 3 out of 4 parents do not properly use child restraints resulting in your child not being protecting the way they should be.

Motor vehicle crashes are the leading cause of death for children ages 3 - 14. In 2008, there were 37,261 traffic fatalities in the United States. This age group of children accounted for 968 (3%) of vehicle occupant fatalities.

Research has shown that lap/shoulder seat belts, when used correctly, reduce the risk of fatal injury to front seat occupants in passenger cars by 45% and the risk of moderate-to-critical injury by 50%. Proper use of child safety seats has shown to reduce fatal injury by 71% for infants and 54% for toddlers ages 1 - 4.

The Governors Highway Safety Association lists all 50 states that mandate the use of child safety seats for infants and children fitting specific requirements referring to weight and height but they are not all the same. Penalties for not complying with the state law differ among them as well. Although Florida only requires child safety seat use for children 3 and under, be sure to consider your child's size and ultimate safety before considering the use of an adult safety belt.

Continue reading "Florida Child Safety Inspections" »

September 2, 2010

Know Your Rights After An Accident...For Free!

Every year, ten percent of us are involved in auto accidents, whether fender bender or serious. Wouldn't it be nice to have a source of information about what to do, what not to do, and what your rights are if you're in that ten percent? And even better if the information is free?

I have gotten tired of the increasing aggressiveness of insurance companies. After accidents, their adjusters call people within hours of an event, even in hospitals. They are trained to act friendly, gain the confidence of the person who was hurt, and offer a settlement for pennies on the dollar before the victim even knows the extent of the injuries or effects they will have on living in the future. So I made a DVD to answer the questions that most people ask me as an injury lawyer. It's available to you free.

Information is power, so the best way to combat unfair insurance company tactics is to have clear information about what you can and should do after an auto accident. Call me for a copy, send an e-mail, or stop by my office. You will find it filled with useful information.

This DVD will tell you the two most important things to do if you've been hurt. Of greater importance, it will tell you the most important thing not to do. In short, that is to refuse to talk to an insurance adjuster who calls and wants to question you. The sole purpose of that call is to get information that the insurance company can and will use against you. This DVD will give you more information about how to combat that insurance company dirty tactic. It will also answer questions about whether you really need an attorney. For some claims, such as property damage, you may not. For others, you will, so find out when an attorney will be useful.

A common question is: What is the value of my case? That's a tough one to answer, but this DVD will give some guidance to help with that important question. Cases are valued by information that is stored in the head after thousands of cases are handled, but other tools are available to help us. Another common question is, who will pay for my medical bills and lost wages while I'm recovering. These questions are also answered in this free DVD.

It may surprise you to learn that there is a very fast way to get a stream of money coming in to take care of these problems. Many people are worried that they cannot afford the services of an attorney after a collision. Fortunately for injury victims, injury attorneys work for free until they collect money for the victim. If they are unsuccessful, they do not charge for their time, and most do not even charge for the expenses they have incurred. When successful, they charge a percentage. It's something like a commission. The DVD that you can obtain at no cost from my office will explain in more detail how this works. I encourage you to call or stop by for a copy. Get this information to protect yourself against aggressive insurance companies.

August 27, 2010

Florida Bicycle Safety

School is back in session for Bay County and many of the other Florida Panhandle counties. Students are transported to and from school either by school bus, car, bicycles or they may walk. It's important for students to be reminded to observe safe habits regardless of their mode of transportation.

Parents work schedules don't always coincide with student school schedules resulting in alternative methods of getting the kids to and from school. Depending on distance, bicycles are often utilized.

In a time where many experts publish statistics of our over-weight youth, riding bicycles can provide the needed exercise for your child but there are many things to consider, such as the distance, the roadways your child will be traveling and whether or not your child will wear the recommended safety gear. Having a helmet hang from the handle bars will not protect their head from trauma in the event of a collision.

In 2008, there were 118 fatalities in the state of Florida involving bicyclists, a slight decrease from the 2007 statistics involving 121 fatalities. These numbers may seem low when considering it includes the entire state, however, it would be devastating if it were your child or loved one.

The number of bicycle related injuries were substantially higher with 4,748 bicyclists and passengers being seriously injured in 2008, a 2.4% increase over the 2007 statistics where 4,690 bicyclists and passengers were injured. Safety equipment, although does not guarantee to prevent injury, can certainly reduce the risk of a serious head trauma in many instances.

It is also just as important for cyclists to observe not only the safe rules of the road but the traffic laws as well. Depending on where you are riding will dictate the appropriate laws to follow. For instance if you are riding on a sidewalk, a bicyclist has the same rights and duties as a pedestrian. While riding in the roadway, you must ride in the same direction as the flow of traffic and ride as far to the right as practicable - meaning within the means and circumstances present at the time.

Continue reading "Florida Bicycle Safety" »

August 26, 2010

How to Avoid Traffic Tickets and Injuries from Wrecks

Previously, I asked, "When's the last time you reviewed the Florida Drivers' Handbook?" That's the little book you can get at the department of motor vehicles drivers' license offices. It's filled with good information about traffic laws and helpful driving safety tips. You don't have to be in line for a driver's exam to get one. Click the link above or go in to get a free booklet, learn some of the surprising things you, like everyone else, has forgotten. Let's go through some of what's discussed in it. I'll add a few things I've learned in thirty years of helping injured people in accident cases.

About seat belts, I've heard every excuse for not wearing one. Fear of fire, fear of drowning if trapped in a car that goes into a drainage ditch. Come on, people are five times as likely to be killed if they're not wearing a seatbelt than if they are. The front seat driver and passengers are required by law to wear them. Look for tickets if they're not worn.

What is the most effective way to wear the belts? Wear them as they're designed to be used, not by, for example, tucking the shoulder portion behind the back. That allows jack knifing across the belt into a steering wheel or the dashboard with the head. You can't hold yourself back with arms and hands in a thirty mile per hour wreck. Put the belt below the iliac crests. Those are the hip bones. That will keep the belt from digging into your abdomen and causing paralysis by compression of your spinal cord. Wear the belt snugly. If you're in a wreck, there's a moment before the belt locking devices will work, and the belt itself will give slightly. Both allow for more forward movement of the body toward the windshield, dash, or other hard objects in the car. By wearing the belt snugly, this forward motion is reduced.

The law exempts some people from wearing seat belts, including a person who is certified by a doctor as having a medical condition that makes wearing the belt inappropriate or dangerous; operators of farm equipment; employees of a newspaper home delivery service while delivering the papers; and persons in trucks with a net weight over five thousand pounds.

On another note, leaving children unattended in a vehicle can violate the law and can be very dangerous. One study found that with the windows up and the outside temperature at 94 degrees, sunlight caused the inside to be at 122 degrees in thirty minutes and 132 degrees at one hour. Those temperatures can be severely damaging or fatal for children. Animals left in vehicles can suffer the same fate in a short time. Dogs are not protected by the sweating mechanism that provides some relief to humans by the evaporation of moisture of the skin.

How can you avoid traffic tickets and wrecks? Usually, by following the law and using good common sense.

August 19, 2010

When's the Last Time You Reviewed the Florida Drivers' Handbook?

The Florida Drivers' Handbook isn't a legal document that can be used in court, but it is full of information about driving laws and common sense suggestions about how to avoid grief on streets and highways. We'll review parts of it now and in the coming weeks.

First, who is required to have a Florida license? Without going through all the legal exceptions, which in turn have their own exceptions, if you live in Florida and want to drive a motor vehicle, you have to have a license. If you've moved to Florida and have a license from another state, you must get a Florida license within thirty days of becoming a resident. The definition of "resident" can be trickier than it sounds. You're a resident if you enroll your children in public school, or register to vote, or file for a homestead exemption, or accept employment, or are a resident here for more than six consecutive months. Major exceptions are members of the armed forces and their families, although there are exceptions to that, and non-residents who attend school in Florida.

A licensed driver has only ten days to complete a change of address form after moving. If pulled over by an officer after that time, and the address on your license is incorrect, you may get a ticket. Those laws are pretty mundane, so let's consider some laws and ideas that can help you avoid a wreck, an expensive traffic ticket, or jail.

One thing that comes to mind immediately involves passing. Passing on the right on a two-lane road, typically signifying that you're passing on the shoulder, is illegal. Why? Presumably the car you're passing has slowed or stopped to turn left. If that driver decides to cancel that left turn and proceeds straight ahead, you're going to hit that car or get hit. Instead of passing on the right, have patience. Slow down. Stop if necessary. When the way is clear, proceed ahead. It may be comfortable to steer with one hand or a wrist thrown over the steering wheel, but if you hit a pot hole or have to swerve, all comfort vanishes. A driver steering that way won't have full control of the vehicle. Once an emergency arises, it usually takes too long to get the hands in position to regain control.

Child protection is important in the law. All kids five years old or younger must wear an approved restraint while riding in a vehicle. The number one killer of young children in the United States is wrecks in which children were completely unrestrained. It's estimated that 9 out of 10 deaths and 8 out of 10 injuries could be prevented by using child restraints. The law requires that children five or younger be in child restraints whether or not the vehicle is registered in Florida. Infant carriers or childrens' car seats must be used for kids three and younger. Four and five year olds may be in a separate carrier, a seat integrated into the vehicle, or in a seat belt. Be safe and keep your family safe too.

August 5, 2010

After a Wreck, Can You Legally Move Your Car Out of the Road?

During a conference, an auto accident client asked if he did the right thing when he moved his car out of the road after a wreck. His car, which was still driveable, was partially blocking traffic on Highway 98. He decided to move it when some of the other drivers, rubbernecking as they drove through the wreck scene, were nearly involved in collisions. I assured him that he had done the right thing.

Most people think they have to leave their vehicles exactly where they come to rest until the police arrive. They fear moving it, because they might be tampering with evidence showing who was at fault. That may be correct, but for the safety of the drivers involved and other people who are trying to get through the area, the law requires a driver of a disabled vehicle to make every reasonable effort to move the vehicle or have it removed if two conditions are met: (1) the vehicle is driveable, and (2) there are no injuries. If both conditions are met, neither the police nor an insurance company will assess a penalty for moving the vehicle.

Studies in Florida show some interesting things. Collisions cause more than half of the state's street and highway congestion. Depending on the type location where a wreck occurs, 13 to 33% of crashes are caused by earlier wrecks. Why? Because of the rubbernecking. Drivers passing through a wreck scene should go through without slowing unnecessarily. If they do, the chance of their being rear ended goes up astronomically. The studies also show that for every minute spent on the scene by fire and rescue personnel or police, five minutes of traffic congestion results. And injury to those who respond to a wreck is significant, accounting for 59% of police casualties in Florida. It's easy to see why getting a wrecked vehicle out of the way will improve response and clearance times at accident scenes. That in turn will reduce congestion, reduce subsequent collisions, and improve safety conditions for the drivers and responders like police, fire and rescue personnel. In fact it's the law to Move Over if you are able when approaching emergency vehicles at an accident scene.

A major part of my practice is devoted to educating people about how to recognize and avoid dangers. I would rather they be safe than to get calls from them after a wreck, so follow these steps after a collision.

  1. Check for injuries. If someone's hurt, call 911 immediately, and wait for emergency personnel.
  2. If there are no injuries, move the vehicles off the road to a safe place.
  3. Also if there are no injuries, now call 911 to report the wreck. Follow the dispatcher's instructions.
  4. Follow law enforcement's directives when they arrive, and report the wreck to your own insurance company.
  5. Finally, remember this. Don't ever, ever talk to the other person's insurance company without first talking to a lawyer. It is the absolute enemy.

Continue reading "After a Wreck, Can You Legally Move Your Car Out of the Road?" »

March 15, 2010

New Florida State Bill to Allow Use of Red-Light Cameras

The red-light camera controversy continued unabated in the last few weeks since in Palm Bay, Florida, the penalty for running a red light went from car owners receiving a warning letter to a $125 civil fine. Although the use of cameras is against Florida state law, many counties and cities have continued to use cameras to catch and fine red-light runners based on loopholes in the law. No camera has been placed on any state or county maintained roadway.

Red-light cameras have been used since September 2008 in Orlando. Drivers caught passing a red light are cited under the city statues, rather than under state traffic laws. High concentrations of cameras exist not only in Orlando but also in Tampa and Sarasota. Cameras are also being used in Daytona Beach, Ormond Beach and Palm Coast. The wide use of cameras has resulted in a website identifying the intersections where cameras are located.

Legislators have filed several bills addressing the issue, three of which would legalize the use of cameras and leave it up to local governments to decide how the cameras are used. That seems to be where the problem lies. Many feel that leaving regulation to local governments will neither address the confusion over details of the use of cameras nor reduce the potential for abuse. If the state is going to allow the use of red-light cameras, the state should set clear and consistent standards.

The one detail all seem to agree on is the amount of the fine. It will be $155. A proposal for distribution of fines collected is for half to stay in the local jurisdiction and the other half to go to the state. House Bill 325, sponsored by Roads, Bridges & Ports Policy Committee and Rep. Ron Reagan, R-Bradenton, would define the use of cameras and how the fines collected would be used.

Continue reading "New Florida State Bill to Allow Use of Red-Light Cameras" »

February 12, 2010

Florida Red-Light Tickets By Camera

Palm Bay, Florida, is a long way from home in Panama City, Florida, but I found the results of their new traffic system interesting. They implemented a red-light camera system in November of last year and have already issued 2,300 warning letters to drivers who were filmed running lights. Effective February 16th, if a driver is caught on camera running a red light, a civil fine of $125 will be imposed. Interestingly enough, during this warning period, a Palm Bay city-owned vehicle, four Brevard County vehicles and two vehicles registered to the Brevard County Public Schools were among the list of drivers disobeying the traffic signals. It is disturbing to me to read that in at least 145 instances there were driver's who were found to have been caught more than once and in 15 instances caught 3 times or more. By comparison, during 2009 before the camera system was installed, only 407 drivers were cited for running a red light.

When caught on camera, a photo of the license plate will be sent to the car owner who can access a website to view a 12-second video. It leaves little to dispute.

Not everyone is supporting this new tactic. Although opponents are challenging the legality and warn that the City of Palm Bay could end up in court, city council members voted unanimously in favor of the cameras in 2008 in response to residents' concern. Signs are posted at the intersections warning that the signal is 'photo enforced'.

The Federal Highway Administration compiled data in 2005 from 132 intersections in seven unidentified jurisdictions that had installed red-light cameras. Right angle or T-bone accidents decreased about 25% after they were installed. However, rear-end crashes increased by 15%. It's simple to avoid the latter problem. Increasing the distance between you and the car in front will allow you enough time to respond to any action taken by the driver in front.

The goal of this system is to get people to stop when the light turns red, not to hit them with tickets and fines. Remember, a yellow light means "prepare to stop" not "hit the gas to make it through before the light turns red."

Continue reading "Florida Red-Light Tickets By Camera" »