“More than 76,000 Americans have been killed walking or crossing the street in the past 15 years, and pedestrian deaths account for about 11.8% of all traffic fatalities;” that published in a joint report by groups Transportation for America and the Surface Transportation Policy Partnership entitled ‘Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods). And according the recent USA Today article ‘Communities try to prevent pedestrian traffic deaths,’ (USA Today, November 10, 2009, 5A) those groups are lobbying Congress in an effort to require states to spend their share of federal funds on road projects to address the needs of pedestrians. This comprehensive report includes the most dangerous cities for pedestrians and provides safety rankings for each of the 50 states.

However, regardless of Congressional action or future state cooperation in making pedestrian safety a priority, the fact that pedestrians account for approximately 1 in 10 traffic deaths nationwide is staggering.

Every time a pedestrian takes to the street, whether it be walking, jogging or biking, you should recall this statistic and:

• Be defensive;
• Assume that drivers do not see you;
• Assume drivers do not understand pedestrian traffic laws;
• Assume drivers are preoccupied with whatever drama unfolded in their lives that day;
• Assume drivers are late to wherever they are headed;
• Assume drivers are distracted, using a cell phone, reading a newspaper or magazine as they drive;
• Assume drivers are driving a vehicle with defective brakes;
• Assume there will be drivers who have been drinking,

For Floridians, pay particular attention in these “top rated” cities:

1) Orlando.

2) Tampa-St. Petersburg.

3) Miami-Ft. Lauderdale.

4) Jacksonville.

Being outside nearly year round is a perk enjoyed by few, Floridians luckily included. When doing so on bike paths and sidewalks near roads, always be on guard.

Many of you reading this blog may have never heard the song ‘Walking in Memphis,’by singer-songwriter Marc Cohn. This was an early ‘90’s homage to the land of the Delta Blues, influential Beale Street, Elvis, and countless other subtle rock music references by singer-songwriter Marc Cohn. This was an early ‘90’s homage to the land of the Delta Blues, influential Beale Street, Elvis, and countless other subtle rock music references. Evidently additional lyrics are suitable, something to the effect of: “well I was walking in Memphis, but I was hit by a car and was killed.”

Gruesome, but realistic, since Memphis is tabbed as the 5th most dangerous city for pedestrians by the aforementioned report.

This is a story about Bill and Helen. They were not famous people; they did not live an extravagant life; and they loved life as much as any of us. I imagine they were two nice, kind people who, after many years of marital union, still loved each other quite completely. They very likely went about their lives just like the rest of us: they woke; they ate; they worked; and they try to enjoy this finite thing called life. They are two people that, sadly, I only nearly met on Highway 27 near Sebring, Florida.

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We have all been there. When you begin to pass a tractor trailer on the highway, you speed up just a little bit in an effort to get quickly clear or you slow down and simply refuse to take the chance. If passing, you are all the while holding your breath and engaging in an internal monologue that involves begging the particular truck not to drift into your lane.  Or that when seeing such a truck up ahead, I have unsettling visions similar to that portrayed in this video:

If I am alone in this regard, then I have just outed myself as an anxious, neurotic, pessimist.  However, when I see a story like this one reported on WLTX in Columbia, SC, I am reminded that accidents like these do not always happen to the “other guy” because one of us is always going to be that “other guy”. They are a tragic reality on the asphalt arteries dominated by tractor trailers whose bodies are unwieldy, loads can be dangerous and drivers are sometimes fatigued.  Such a combination poses a constant threat to other vehicles and often yields devastating consequences.

On October 5, 2005, a University of Washington professor was killed when an overloaded logging truck lost its load.  This preventable death was one of over 5,000 attributable to tractor trailers in that year alone, not to mention over 100,000 injuries attributable to same.

Federal laws regulating commercial vehicles exist.  For example, there are length and width limitations, all commercial vehicles are required to pass annual safety inspections, and all owners and operators are subject to fitness tests, to name a few.
Compartmental regulations are all well and good, but the one thing that is beyond regulation is the final product.  For example, one knows the makeup and ingredients of a single shot of Patron gold tequila, and likewise any other individual liquors; such can be measured, quantified, inspected.  But when that tequila is mixed with other known quantities of vodka, gin, rum and triple sec, the result is a drastically different mixture whose effect on the imbiber is far more potent and dangerous than that of a single shot of any of the above-named.  The combination and the effect cannot be measured, anticipated, quantified, regulated.  And like the morning-after effects of Long Island Iced Tea, the loaded to maximum capacity, maximum length, maximum width commercial vehicle, that sets out on the road in the early pre-dawn hours, with an operator who has not slept in 48 hours is a potentially lethal, unable to be regulated until it is to late menace to our highways with every RPM.

As it currently stands, the maximum weight of a commercial vehicle is 80,000 pounds.  At an average highway speed of 60 mph (I am, at 70 plus mph on the interstate, routinely passed), it neither takes an expert in physics to understand the damage this could, and does, cause, nor to envision how difficult it would be for an operator (even a well-rested, fresh operator) to stay in control of such a beast.  However, knowing this is the case, there are efforts underway to convince federal lawmakers to increase the maximum weight to 97,000 pounds. Can you imagine any scenario in which a nearly 50 ton vehicle going 70 plus mph would not be a juggernaut of destruction?

When will senseless and preventable deaths at the hands of overloaded tractor trailers dwindle … when companies put public safety before private gain.

This is a problem, but there are solutions!  Visit such websites as www.roadsafeamerica.org or stopbigtrucks.org to learn more.

When you suffer an injury your first thought is not who can I sue; or, it certainly should not be that thought. What most people think about are their injuries, how to obtain treatment and how to put their lives back together. As a result of attending to these essential things, valuable time is often lost in the event compensation is due from a negligent party for your injuries.

Whether you know you have a claim or whether you want to pursue a claim in the event you have one is not the only basis for seeking legal representation. The initial reason to timely seek legal representation is to preserve evidence, witness knowledge, and examine your legal rights. Attorneys can only advise clients what their legal rights are and make recommendations on whether and how to pursue those cases having merit. Ultimately, the decision to pursue a legal claim is solely yours.

If, however, too much time passes between the occurrence of an injury and the beginning of an investigation, evidence may be lost and the recollection of witnesses (including you) may grow dim. So, gathering facts can be crucial to preserving your legal rights.
If you are involved in any accident, there are some basic things you or someone on your behalf can do:
Obtain the names, addresses, e-mail addresses and telephone numbers of any witnesses;

• Obtain the name(s), addresses. E-mail addresses, and telephone numbers of anyone who may be responsible for your injuries. In an automobile accident, that may be the person who rear ended you, but if, for example, the other driver pulled out in front of you because “the bushes were blocking my view”, an additional potentially responsible party may be the property owner of the bushes.
• Record the type of vehicles; including the make, model, license tag number, and the type of damage to each vehicle.
• If your vehicle is inoperable, try to determine the location to which it is being towed.
• Take photographs. Nearly every cell telephone has the capacity to take basic photographs of the scene of any accident. In an automobile accident, photograph all the vehicles; photograph the damages to each vehicle; photograph the scene by standing out of traffic and shooting a series of pictures moving from the left to the right of the entire scene. Photograph skid marks.
• If you can, sketch the scene and include the relative location of vehicles when they ultimately came to rest.
• Obtain investigating officers names and telephone numbers.

Any time you are injured, the very first priority needs to be your injuries and getting them attended. Never place yourself in a position of peril in attempting to obtain evidence. If people are unwilling to volunteer information, do not try to force them. When an accident occurs, emotions are often high. Your goal, or someone acting on your behalf, is not to take the place of skilled police officers or investigators.

If you are unable to do any of this at the scene because you are injured, ask a friend, spouse, or other person to do it for you to the extent that is possible.

Call an attorney to determine your rights.

Driving is serious business.  Every time we drive on the highways we need to be sure we are paying attention to the traffic signs, road signs, and the other drivers on the road and we need to make sure the vehicles we are driving are safe.  Just because you buy new tires it does not mean that those tires were recently manufactured.  If you look closely on the tire it will have the date the tire was made. 

Some tires are defective and without warning the tread can separate causing a terrible crash.  When a tire blows or separates suddenly there is a good chance that your vehicle will roll over resulting in serious injuries and/or death.  The likelihood of a crash and injuries or fatalities from such a crash, is far greater when the tread separation occurs on a SUV compared to if the tread separation occurs on a sedan or large pickup truck instead.

There have been several tire recalls involving Bridgestone, Continental Tire, Cooper Tire, Firestone Tire, Goodyear Tire, Kelly Springfield Tire and Yokohama Tire. 

This type of crash could happen to anyone.  Inspect your tires on a regular basis, check the date they were manufactured, check the internet and be aware of publicized recalls. If you or a loved one is involved in a crash that could be the result of faulty tires, be advised that there is a legal remedy available and do not hesitate to seek justice.

See the hyperlinks below for additional information:

http://www.recalls.gov/nhtsa.html
http://usgovinfo.about.com/blfirestone.htm

In reflection, one might legitimately ask the question:” has the adoption of the Florida Motor Vehicle No Fault Law in 1971 really achieved the goals it was intended for?”

If we simply accept the decision to do away with what we familiarly know as “PIP” (personal injury protection), then the answer is a resounding “no”. When the hatchet was to have fallen in October 2007 on PIP it was abruptly placed way back on the back burner.

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There are few things we as people endure that are worse than losing a member of our family. The sense of loss, hurt, and anguish, however, is only magnified when a family member’s death was due to the negligence of someone else. What all-too-often causes even more heartache is the surviving family member’s discovery that the loss they have endured may not be recognized, i.e. compensable, under Florida law. Many people who have lost close family members as a result of the negligence of someone else have been surprised to learn that Florida law only allows for a financial recovery on behalf of certain surviving family members.

In Florida, the recovery of money damages by the surviving relatives for the death of a family member as the result of the negligence of another party is governed by Florida’s Wrongful Death Act (“Act”). According to the Act, the recovery of money damages is limited to the “survivors” of the deceased family member. The Act offers what would seem to be a fairly straightforward definition of who will constitute a deceased family member’s “survivors.” The Act defines survivors, in part, as “the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters.” Although the identification of a decedent’s survivors is ordinarily an easy enough task, it is critical for the lawyer representing the bereaved family to have a firm understanding of the relationship between family law principles and the Wrongful Death Act.

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The battle continues between the public and the trucking industry. In July, 2007, the U.S. Court of Appeals for the District of Columbia struck down the portions of final hours-of-service rule issued in 2005 by the Federal Motor Carrier Safety Administration that permitted truck drivers to increase their driving hours. The American Trucking Association has filed a motion requesting the court to stay this decision and the Federal Motor Carrier Safety Administration has requested a delay in the requirement by the court that would reduce the allowable driving time by 1 hour a day so the trucking industry can continue with “business as usual.”

The laws that control the hours a truck driver can operate have been created for a very specific reason, the safety of the general public. More accidents are caused by distracted or fatigued drivers than any other single reason. According to the Federal Motor Carrier Safety Administration (FMCSA), “Fatigue increases the likelihood that a driver will not pay sufficient attention to driving or commit other mental errors. In-depth studies of crashes have found that inattention and other mental lapses contribute to as much as 50 percent of all crashes. The agency tentatively estimates that 15 percent of all truck-involved fatal crashes are “fatigue-relevant,” that is, fatigue is either a primary or secondary factor.
(http://www.fmcsa.dot.gov/spanish/english/background_index.htm/)

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Florida’s “No Fault” insurance statute is nearing expiration. Should it be renewed; should it be allowed to “sunset”; should it be modified? The Florida legislature has an opportunity to not only take the correct action, but an opportunity to improve on the no fault system altogether.

The controversy about eliminating “No Fault” is interesting. In the early ‘’70’s, when NO FAULT started in our state it was controversial. As it gained in popularity nationwide, Florida adopted it along with most states. The result was compulsory PIP (Personal Injury Protection) and compulsory PD (Property Damage liability)

PIP pays medical expenses (lost wages also) and PD pays for damages to motor vehicles. It should come as no surprise the groups that lobbied heavily for the original passage of compulsory PIP and PD? You guessed it. Medical providers lobbied heavily for PIP to get their bills paid. And who lobbied hot and heavy for PD inclusion? You probably guessed correctly again. The banks and finance companies wanted PD included to protect their collateral (motor vehicles). Although driven by there own business interests, the end result was good for the Florida consumer.

But, there was no special interest group throwing money at including compulsory BI (Bodily Injury liability) coverage. Bodily injury coverage pays damages to injured victims in auto crashes. To this day we do not have any compulsory BI liability coverage in Florida, but most states do.

I think it is clear to any thoughtful person that there should be a continuation of compulsory PIP and PD coverage, currently provided for in the No Fault statute. The legislature has an opportunity to also add compulsory bodily injury protection coverage. The required limits should be at least $10,000 per accident and $20,000 per occurrence. PIP should be increased as well. PIP was $10,000 back in 1972 and certainly medical costs charged to injured victims have since skyrocketed.

The Florida legislature can not only do the right thing by renewing the current No Fault structure; they have an opportunity to actually improve the system for both business and victim interests. I encourage them to step up to the plate and do the right thing.

A recent Maryland truck accident dramatically highlights not only the deadly consequences of poor enforcement of Federal truck safety standards, but trucking companies’ ho-hum attitudes toward compliance with these standards.

It seems that an accident in Prince Georges County, Maryland that killed one man and injured two others was caused by a tractor-trailer driver with a mind-boggling list of traffic citations: he had racked up tickets in seven states for speeding, careless driving, driving with defective brakes, and – here’s the real outrage – had his license suspended in two states.

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