Orlando Injury Law Blog

STOP for School Buses

Wednesday, February 04, 2015
The current law in Florida requires drivers traveling in both directions to stop for a school bus that has its stop sign out.  On roads with a raised median, barrier or other open space, traffic heading in the opposite direction does not have to stop.  The fine currently is $265.00 and suspension of your driver's license.   After several recent severe injuries and fatalities to children, a new bill is up for Senate vote called "Gabby's Law" which would make it a crime to pass a stopped school bus, punishable by up to 90 days in jail and a fine up to $500.00.  A second conviction would bring the jail time up to six months and the fine up to $1,000.00.  Gabby was killed by a car shortly after getting off her school bus in DeBary in 2010.  She was 12.

Happy Holidays

Monday, December 08, 2014

During the hustle and bustle of the holidays, unfortunately accidents can happen.  If you have an accident and are injured, don’t let the time clock run on you to seek medical attention.  During this time of year, the days quickly pass.  Drivers involved in crashes with injuries, must seek medical care within 14 days from the date of their accident to take advantage of their automobile insurance PIP (personal injury protection) policy benefits.  On day 15, you are no longer eligible for the benefits you paid for.  To qualify for your full $10,000.00 benefit, your injuries must be diagnosed as an “Emergency Medical Condition”.  If this threshold is not met, your maximum benefit is $2,500.00, even though you paid for $10,000.00 in coverage.  Bottom line, don’t delay after your accident.  If you need additional advice on this information, please call my firm, (407) 628-4871.  If you’ve had an accident and are injured, I am here to help you.  I wish all a happy and safe holiday season.

---  R. David Ayers, Jr.

Florida Continues Poor Performance in Driving Safety

Saturday, February 01, 2014

The state of Florida ranked at the bottom of the list in a study that focuses on driving safety state-wise, specifically on states’ implementations of several traffic safety laws aimed at preventing auto accidents.

The results released by the Advocates for Highway and Auto Safety state that in 2013, Florida ranked at the bottom of the heap with a total of just six of the required laws implemented in the state. The study was based on whether states have implemented 15 essential traffic safety laws that include everything from seatbelt use and teen driving safety to drunk driving.

Florida, according to the Advocates for Highway and Auto Safety, has only six of the laws that are recommended by Advocates for Highway and Auto Safety. Some of those missing laws that the group would like to see are laws requiring primary enforcement for all seats, all-rider helmet laws, ignition interlock laws, and booster seat laws. Florida also does not have a ban on text messaging while driving for all drivers, and also does not have 4 out of 7 essential teen driving rules.

States were color coded and rated based on the number of laws implemented. Green states were those that had managed to implement 11 of the laws, including primary enforcement seat belt laws for front seat passengers as well as backseat passengers, or nine or more laws, including primary enforcement seat belt laws for both front and back seat passengers and all-rider helmet laws. Red states were those that had fallen dangerously behind in adopting the recommended optimal traffic safety laws.

Florida transportation safety agencies need to wake up and see that motorists in the state continue to remain at risk of injuries and fatalities, because of the state’s failure to enact these important laws.

Motorcycle Pedestrian Fatalities Drive up 2012 Accident Toll

Friday, November 01, 2013

The number of traffic accident fatalities that occurred in 2012 was a significant increase over 2011, and increases in the number of people killed in motorcycle and pedestrian accidents, is being blamed for that increase.

In 2012, there were 33,561 traffic accident fatalities which was an increase of 1,802 fatalities over the previous year. Much of that increase was attributed to an increase in the number of motorcyclists, bicyclists and pedestrians killed in accidents. In those three categories alone, there were 9,426 fatalities in 2012. Florida saw an increase of 24 fatalities from 2011.

Last year also saw significant numbers of people being killed in alcohol-related car accidents. About 10,322 people were killed in accidents blamed on an impaired driver.

Last year's data also marks an increase in traffic accident fatalities for the first time since 2005. The increase in traffic accident fatalities could be due to the fact that more people are driving now, with the recovering economy.

However, there is hope. There is reason to believe that 2003 fatality numbers are on a downward trend, although it is far too early to make any predictions.

There is no denying the fact that there has been little progress in reducing the number of people killed in pedestrian, bicycle and motorcycle accidents. These are some of the most vulnerable people on our roads, and over the years, there seems to have been little progress in helping ensure their safety. For example, according to the National Highway Traffic Safety Administration, fatalities in pedestrian accidents and motorcycle accidents actually increased for the three third consecutive year in 2012.

The federal agency is already planning strategic measures to reduce the number of traffic accident fatalities. The feds plan to speed up a program that would encourage auto manufacturers to install seat belt interlock systems to encourage seat belt use.

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