In Florida a car is a “dangerous instrumentality. Florida common law holds that owners of motor vehicles may be held liable for damages suffered by third parties as the result of negligent operation of their vehicles when the vehicle is driven with their knowledge and consent. The theory behind this common law is that motor vehicles are dangerous by their very use and, as such, are inherently hazardous, having the potential to cause serious personal injuries if negligently operated. See Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 469 [Fla. 1920].

With the ownership or operation of a motor vehicle comes great responsibility. There are precautions and rules that everyone behind the wheel should acknowledge and follow, in order for all of us to remain as safe as possible on public roadways.

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It only takes a quick look at the local news to realize that Florida has a drunk driving problem, just like the rest of the nation. The National Highway Traffic Safety Administration (NHTSA) recently a published a Research Note on Fatalities and Fatality Rates in Alcohol-Impaired Driving Crashes. The study looked at the total number of deaths caused by motor vehicle crashes and compared that to the number of deaths resulting from crashes where alcohol was involved. The report defined an alcohol impaired crash death as a crash involving at least one driver or operator with a blood alcohol concentration of .08 grams per deciliter.

The government estimates that 2,978 people died in motor vehicle crashes in Florida in 2008. Crashes involving drunk drivers account for 875 of the 2,978 deaths. The good news is that NHTSA reported that the alcohol impaired driving fatality rate declined in 40 states. The bad news is that Florida is one of only 10 states where the alcohol fatality rate either stayed the same or increased. From 2007 to 2008, the alcohol impaired driving fatality rate declined nationally from 0.43 to 0.40 fatalities per 100 million vehicle miles travelled. However, Florida’s alcohol impaired driving fatality rate is higher than the national average. From 2007 to 2008, it remained unchanged at 0.44 fatalities per 100 million vehicle miles travelled. Floridians should strive to reduce the alcohol impaired driving fatality rate; to do nothing will be fatal.

Floridians who want to help reduce the number of drunk driving fatalities should consider donating or volunteering with a local chapter of Mothers Against Drunk Driving (MADD).

The European and the British people are warned about aging tires. They are warned that old tires can be dangerous. The European and the British people are educated that a brand new tire, fresh from the store shelves, might not be brand new. The European and the British people are educated to check tire age and to be cognizant of the dangers associated with it.

The American public is not warned about aging tires; that old tires can be dangerous; or that “brand new” tires on the store shelves may be 2, 3, or 6 years old when they are sold and put on our car.

A recent article posted by a colleague at Injury Board, Mike Bryant, provides some very useful links to an older 20/20 report that I have to confess I had completely forgotten about.

In Florida, apparently the heat fosters more than just mosquitoes, humidity and hurricanes. Down here in Florida, the heat also causes tires to wear at a higher rate; something that tire manufacturers have known for some time.

If the higher ambient temperatures subject tires to a higher failure rate, the age of the tire also figures importantly into the failures. Again, something tire manufacturers have known and have apparently been waiting patiently for years to be regulated about, well, by someone.

When you buy a “brand new” tire from a retailer you expect, well, a “brand new” tire. You may not get what you expect. Apparently tires can sit on shelves for 2, 3, 6 or more years before being sold. All that time, the tires are being exposed to the air, drying the rubber out and aging while they sit there on the shelf. They still look brand new; they still have great tread depth; and they still smell new; but they have been degrading the whole time.

So, how can you tell the age of your tires? Not easy with many tire manufacturers. The special coding used on many tires can only be found by crawling under the car and looking at the inside of the tire. The codes will give you tire size, location of manufacture, and the date of manufacture. The date is the important part.

Everyone should pay close attention to tire health and age, but clearly, based on studies by the National Highway Safety Administration, people in states where the ambient temperatures remain warm to hot all year should pay special attention:

• When you purchase tires ask the retailer to show you the date of manufacture.
• Do not purchase tires, which are already 3 to 6 years old.
• Check tire pressure often.
• Maintain manufacturer recommended levels of tire pressure.
• Return to the tire dealer anytime you have repeated loss of pressure in tires.
• Avoid petroleum based tire “cleaners”.
• Inspect your tires, both the exterior and interior, for wear or damage.
• If you hit something while motoring down the road, inspect your tires at your next opportunity to verify any damage.

Nearly a ton and a half of steel hurling its way down the road at 50 miles an hour suddenly lurches and begins to increase its speed; 60 mph, 70 mph, 75, mph, 80 mph. The driver applies the brakes in a frantic effort to slow the vehicle; it does not slow the vehicle. The vehicle continues to accelerate as the driver continues to try and control the tons of steel and the brakes continue to fail to slow the vehicle.

That is a reasonable picture of the descriptions given by drivers of various Toyota vehicles. Toyota recalled vehicles and blamed floor mats for sudden acceleration of the vehicles, which resulted in crashes. Although floor mats may be an easy…and cheap…fix, that does not seem to be the problem. There are reports coming in of vehicles suddenly accelerating with floor mats different from the mats Toyota claims is the culprit.

For its part, Toyota apparently continues to maintain that no problem exists with any Toyota vehicle in which the proper floor mats are installed. They say the wrong floor mats may be in as many as 3.8 million vehicles.

Toyota owners and drivers should beware of this defect. In the case of any sudden acceleration, drivers should:

• Check your owner’s manual now to determine if you must lightly depress the brake  in order to shift the car to neutral
• Shift the car to neutral
• Apply the brakes evenly
• Bring the vehicle to a stop
• Shut off the ignition
• Do not shut off the ignition until after you have come to a complete stop because you will lose power steering control and other functions allowing you to control the vehicle.

Learning to drive is one of life’s milestones. Parents can serve an important role by encouraging teen driver safety throughout the year.

Despite all of the recent and focused media attention devoted to making us all aware of the potential risks to younger people contracting the H1N1 virus, or Swine Flu, the Center for Disease Control also reminds us that this is not the greatest threat facing today’s teenagers.

Statistics are a good place to start, since they give us a picture of what’s happening. I have included a few sobering facts below from NHTSA, the National Highway Traffic and Safety Administration.

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Do we need to do a study that driving after drinking is a really bad idea? Clearly, we know that drinking and driving do not mix.

Do we need to do a study that texting while driving is a bad idea? I would hope that it is not an enormous leap in logic that texting and driving, likewise, do not mix.

If we need studies, though, to reach those conclusions, I am all for it if that provides us with some laws that discourage those among us who cannot make the above mentioned leap of logic.

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In the early morning hours today, a Palm Beach County Sherriff’s Deputy was struck by a suspected drunk driver in Lake Worth. Yes, you heard correctly. I used “drunk driver” in the same sentence as “early morning”.

It is our hope that the Deputy in the patrol car was not badly injured. It is not enough that these brave public servants must dodge bullets in the course of their duties, but they now must also be vigilante for deadly drunk drivers; even right around breakfast.

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We are all very aware of the dangers involved with driving while intoxicated; the serious and often deadly results.  There is another equally deadly combination on our roadways – driving and fatigue!

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.

In most states, insurance departments regulate “big dogs”, but in Florida, our insurance commissioner is forced by law to regulate only “pups”. It is a scam of monumental proportions permitted by Florida law and it is the citizens of our great state that pay for it.

What are “big dogs” and what are “pups”? For example, State Farm Mutual is a “big dog” and State Farm Florida is its “pup”; Allstate is a “big dog” and Allstate Floridian is its “pup”; you get the idea.

When I first moved to Florida 25 years ago, I heard the saying about folks down here not caring how “you do it up north” and, frankly, I mostly agree with that notion. In the case of insurance companies maintaining “pretend” insurance companies just for Florida business, we might take a lesson from our northern brethren. “Pup” carriers are simply a way for insurance companies to enhance profits and create basis for regularly asking for rate increases from Floridians.

But we have big, bad hurricanes here, right? So, State Farm’s exposure in Florida is probably more, right? Well, let’s look at it. The whole gulf coast, the whole southeastern coast and California are all exposed to hurricanes on a regular basis. I mean poor South Carolinians have largely been taking the brunt of most of our hurricanes of late. The Midwest records tornadoes like we record rainfall. The north has freezing roads that sometimes results in hundreds of vehicles in a single accident. Nearly every portion of the country is exposed to one exceptional disaster or another.

If the whole country has its share of disaster, how does each insurance company handle it? It is called the law of large numbers. If 100,000 cars are insured, the probability that more than 10,200 (or less than 9,800) will be stolen is only about 1%. This is an example of the operation of the ‘law of large numbers’. In other words, the more cars insured, the more accurately can be predicted the percentage of cars likely to be stolen. It is this aspect of probability theory that enables the insurer to cope with variations in the pattern of actual losses. Underwriters and actuaries may also consider various measures of dispersion; that is the difference between the actual losses and average losses, when setting premiums or assessing liabilities.

Now, magnify those numbers by millions of risks; both commercial and residential risks. Add to that the various other lines of insurance written by the “big dogs” and that, in a nutshell, is the law of large numbers. So, the more risks an insurance company insures, the better, right? Well, yes, that is the basis for the law of large numbers. That is not, however, the basis for the “pups”.

Pups are there so that the “big dogs” (think State Farm Mutual, Allstate, etc) can cook the books. The “big dogs” create a very limited microcosm to which they apply the law of large numbers (think Florida) and they base their rate increases on the experience in the microcosm rather than applying the math against the experience for the “big dog” in the whole country. So, even though the “big dog” may be rolling in profits nationally, the pup can be made to look underfed and a rate increase is requested based solely on the experience in the microcosm (again, think Florida).

What to do? Read—educate yourself! Read Randy Schultz’s editorial in Sunday’s Palm Beach Post. Read the St. Petersburg Times article about Judge Manby denying State Farm’s puppies’ request for a rate increase.

Write! Write to Governor Chiles (currently busy running for senator); write to Secretary of Finance, Alex Sink; write to your legislators.

Shout! Complain at the top of your lungs. If you are a Floridian you have every right to be mad. Some of the most powerful, wealthy companies in the country have been and continue to be permitted to victimize you.