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.

Not always as simple as it seems on the surface. In-depth investigation of single vehicle, including tractor trailer, accidents can often disclose more interesting information.

The actual cause of single vehicle crashes (auto, truck, ATV, etc) may be the result of product defects or product failure. If any of the following factors are involved in a single vehicle crash, they may warrant additional investigation by competent attorneys skilled in this area of law:

• Roof crush.
• Low speed rollover
• Faulty seat belts.
• Ejection through the back or side windows.
• Fifteen passenger vans.
• Tire blow outs or similar tire failure
• Reclining seat backs.
• Front seat occupants wearing seatbelts, but found in the rear seats after the crash.
• Defective door latch.
• Evidence of sudden or unexplained acceleration.
• Sudden loss of steering.
• Difficulty controlling the vehicle at high speeds.

It is essential that the evidence be carefully preserved. The vehicle involved must be protected from spoliation and an in-depth evaluation for the suspected defects should be made timely. Time can be an enemy in these cases.

Click here to view the embedded video.

Following quickly on the heels of reports that driving while tired can be as dangerous as driving while under the influence of drugs or alcohol, recent studies support the proposition that driving while texting can be equally as dangerous.  In fact, it may be more dangerous than violating the most common DUI standard, of .08 blood alcohol level.

Click here to view the embedded video.

At the federal level, the Distracted Driving Summit, being held yesterday and today, is holding discussions about banning texting while driving.  United States Transportation Secretary Ray LaHood opened the summit with this comment, “To put it plainly, distracted driving is a menace to society.”  And, while it has been discussed in many state legislatures, few new laws have been enacted.  Utah, one of the exceptions, has taken a tough stance on the issue, passing a law which took effect in May stating that offenders face up to fifteen (15) years in prison for causing an accident which results in injury or death.  The legislation was in direct response to a 2006 accident which resulted in the death of two men (fathers, husbands, scientists) who were killed by Reggie Shaw, a young Utah resident.

The Today Show on NBC is one of many who have highlighted this topic lately, including questions about whether public service announcements directed toward texting while driving produced overseas are too graphic to display on American television.  The University of Utah and Virginia Tech have teamed up to study the issue. Their result, simply stated by Professor David Strayer, “It’s crazy to be doing it.”

In the simple words of a billboard I recently saw in Nashville, Tennessee:  “dn’t txt.  jst lstn.”

Most drivers do not realize the risks of driving while fatigued and have poor knowledge about the speed of onset of fatigue.  They may feel tired but think they can keep going in order to reach their intended destination without stopping.  What warning signs should we watch for to identify dangerously fatigued drivers?

• daydreaming while on the road
• driving over the center line
• excessive yawning
• feeling impatient
• feeling stiff
• heavy eyes
• reacting slowly

When a driver feels tired the reaction is often to drink coffee, open a car window, turn on the radio and take other steps to try and restore alertness. The problem with these solutions is that fatigue also impairs the driver’s cognitive functions and taking steps to keep awake while driving is a bad idea that can lead to a serious accident.

In order to avoid injury to the your passengers, and other drivers, pull over and stop driving when you feel the signs of fatigue overtaking you. If possible, have another occupant in the vehicle drive.  If no one is with you, call someone or pull off the roadway in a safe location and rest.

It has been shown that driver fatigue occurs in two distinct ways – as a state prior to getting into the car (prior sleep deprivation) and as a state immediately prior to falling asleep at the wheel.  Both are significant because chronically fatigued and/or sleepy drivers make bad decisions, much like a driver impaired by alcohol. A badly fatigued driver can be expected to have discounted all earlier signs of fatigue, including obvious impairments to continue driving.

Ways you can avoid fatigue include:

• Avoid alcohol–this simply adds to fatigue and is illegal;
• Avoid large meals just before driving;
• Avoid medications that might increase drowsiness;
• Establish a realistic driving plan and stick to it;
• Share the driving whenever possible and limit driving to no more than (2) hours at a time;
• Take a break from driving every (2) hours;
• Stay well hydrated–dehydration worsens fatigue;
• Get plenty of sleep–the average person needs six to none hours every night.

All drivers need to be aware that driving while fatigued is as dangerous as driving while under the influence.  We all need to be mindful that many lives are lost each year because someone got behind the wheel of a vehicle that was too tired to safely drive it.

Take the fatigued driver quiz.

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.