South Florida Personal Injury Lawyers Blog

Distracted Driving/Texting While Driving and the Law:

There have been many attempts to create legislation that would limit the use of cell phones while driving. The proposed legislation has varied everywhere from partial use to a complete ban. According to a study conducted by Nationwide, 8 out of 10 drivers support some type of cell phone usage restriction. Also, with new and increasingly standard safety options such as OnStar, cell phone use for emergency situations may not even be necessary.

Distracted Driving Statistics:

The University of Utah conducted a study that revealed that driving while distracted from cell phone use, whether hand held or hands free, extends a driver's reaction as much as having a blood alcohol concentration at the legal limit of .08%. And according to a study conducted by Virginia Tech/NHTSA, the number one source of driver inattention is use of a wireless device. This would make sense given Carnegie Mellon's study which found that the amount of brain activity associated with driving is reduced by 37% when using a cell phone. In addition, texting while driving can take away all of a driver's attention by making them lose eye contact with the road and by restricting the use of either one or both of their hands.

A NHTSA, Insurance Institute for Highway Safety study revealed that drivers that use cell phones are four times as likely to get into crashes that are serious enough to injure them. This goes hand in hand with the most recent Florida Traffic Crash Statistics that indicate that thousands of drivers in Florida are injured and between 7-15 people are killed due to distracted driving per year.

A Nationwide statistic states that 10% of drivers between the ages of 16-24 are on their phone at any given time. In addition, distracted driving is a factor in 25% of police reported crashes. If you think about it, this statistic likely does not account for all of the people who deny or fail to report that they were distracted prior to their crash.

The obvious conclusion is that cell phone use while driving is dangerous and can lead to serious injury or death. While it is a good idea to have a cell phone for emergency situations, driving while talking or texting on your cell phone may not be a good idea. People injured in an automobile accident caused by a driver who was distracted due to cell phone use can most likely recover for their injuries. Contact an experienced South Florida personal injury attorney to discuss your rights.

According to Florida Statute 553.885, every separate building or addition to an existing building, which has:

• a fossil-fuel-burning heater or appliance,
• a fireplace,
• an attached garage, or
• other feature, fixture, or element

that emits carbon monoxide as a byproduct of combustion shall have an approved operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes in the new building or addition. This statute also includes special rules for hospitals and similar buildings such as, an inpatient hospice facility or a nursing home facility licensed by the Agency for Health Care Administration.

In order to satisfy the requirements of this Florida statute, a hard-wired or battery-powered carbon monoxide alarm or combined carbon monoxide and smoke alarm, must be installed. A carbon monoxide alarm is defined as, "a device that is meant for the purpose of detecting carbon monoxide, that produces a distinct audible alarm, and that meets the requirements of and is approved by the Florida Building Commission." Fossil fuel is defined as, "coal, kerosene, oil, fuel gases, or other petroleum or hydrocarbon product that emits carbon monoxide as a by-product of combustion."

Florida Statute 509.211 covers the safety regulations regarding carbon monoxide.

What is Carbon Monoxide?

According to the US Consumer Product Safety Commission, carbon monoxide is a deadly, colorless, odorless, poisonous gas. It is produced by the incomplete burning of various fuels, including coal, wood, charcoal, oil, kerosene, propane, and natural gas. Product and equipment powered by internal combustion engines such as:

• portable generators,
• cars,
• lawn mowers, and
• power washers

also produce carbon monoxide.

Carbon monoxide poisoning is not something to be taken lightly. The Centers for Disease Control and Prevention state that every year, more than 400 Americans die from unintentional carbon monoxide poisoning. In addition, more than 20,000 people visit the emergency room, and over 4,000 people are eventually hospitalized because of carbon monoxide poisoning.

People most at risk for carbon monoxide poisoning are:

• people who are 65 and older (fatality is the highest among this group of Americans),
• unborn babies,
• infants,
• people with chronic heart disease,
• people with anemia, and
• people with respiratory problems

Symptoms of Low to Moderate Carbon Monoxide Poisoning:

• headache
• fatigue
• shortness of breath
• nausea
• dizziness

Symptoms of High Carbon Monoxide Poisoning:

• mental confusion
• vomiting
• loss of muscular coordination
• loss of consciousness
• ultimately death

If you are experiencing any of these symptoms and/or suspect that you or a loved one has carbon monoxide poisoning, call 911 immediately!

Continue reading "Florida Laws on Carbon Monoxide Safety and Alarms" »

Save a Life, Drive Sober

Manslaughter is defined as the unlawful killing of a human being without malice aforethought. Malice aforethought basically means, "premeditated." According to Florida Statute 316.193, driving under the influence of drugs or alcohol is a punishable crime in itself, however, manslaughter while driving under the influence (DUI Manslaughter) is a second degree felony and is punishable by a fine of not more than $10,000 and/or 15 years imprisonment.

Recently, 39 year old James Franklin Clark, Jr. was convicted of DUI manslaughter on September 15th and is scheduled for sentencing on October 21st.

According to the Sun Sentinel, After drinking multiple Crown Royal and Cokes at a local Boca Raton sports bar, the defendant attempted to drive home, but while on his way, he struck the victim's vehicle. The victim died at the scene of the crash.

James Clark, Jr. faces up to 15 years in prison; another tragic reminder to never drive while under the influence of drugs or alcohol.

The attorneys at the Florida injury law firm, Goldman & Daszkal, P.A., offers their condolences to the victim's family and friends.