Distracted Driving FAQ

Despite its growing prevalence and the number of programs to help raise awareness, distracted driving can be difficult to understand. These FAQs can help you realize just how immense the potential is for disaster when you’re distracted behind the wheel.

Distracted driving has become a more serious epidemic than drunk driving. More people are killed in accidents involving distracted drivers every year than DUI, and this rate is only increasing. While a number of authorities have launched awareness programs concerning distracted driving, including the federal government, many people still do not realize just what constitutes distraction behind the wheel or the consequences of those actions. These FAQs can help you understand the situation and what you should and should not do.

1. Is eating behind the wheel a distraction?

Yes, eating behind the wheel is distracting because it takes both your eyes and your mental focus off of the task at hand, which is driving and paying attention to those around you.

2. Who is most likely to be distracted behind the wheel?

Teens and young drivers are the most likely to be distracted while driving. However, the problem is not one limited to youth alone. A significant number of adults regularly engage in distracting behaviors as well. According to a federal study, there are over 800,000 people behind the wheel using their cell phones at any given time.

3. What is distracted driving, anyway?

The use government’s Distraction.gov website defines distracted driving as, “any time you take your eyes off the road, your hands off the wheel and your mind off your primary task: driving safely. Any non-driving activity you engage in is a potential distraction and increases your risk of crashing.”

4. Is distracted driving illegal under federal law?

No, it is not. This type of behavior is actually regulated by state law. There are many states currently considering legislation that would make distracted driving a crime and punishable with fines, revocation of drivers’ licenses and even jail time. Congress is also considering legislation that would apply in some instances, where the state law did not govern.

5. Texting isn’t really that dangerous, is it?

Many people are under the misapprehension that texting is less dangerous than talking on the phone while behind the wheel because it’s faster. This is wrong. You are 23 times more likely to be in a car crash if you are texting behind the wheel.

If you or a loved one has been injured by a distracted driver, you need the help of an established law firm to ensure your rights are upheld in court.

Is BUI Something You Should Be Concerned About?

BUI, or boating  under the influence, is responsible for a staggering number of arrests, accidents and deaths in Florida every year. It’s a significant crime and you should avoid it.

Hitting the water in your boat with a supply of your preferred beverage for an afternoon of fishing, skiing or swimming is a very popular thing in Florida. And because the state doesn’t outlaw drinking while boating, it’s become very common, as well. However, like driving a car, there are consequences to operating a boat under the influence. What should you know about these consequences?

Pulled Over

Just like Florida’s highways, law enforcement officers patrol the state’s waters. One of their jobs is to ensure that boats are safe and being operated correctly, including checking for drunk boaters. However, unlike the situation with cars on the road, law enforcement officers have no need for “reasonable suspicion” before pulling over your boat. That means you can expect to be pulled over at pretty much any time for a safety inspection (you’ll be checked for sobriety at the same time).

Know the Limits

Fist, you are correct that Florida does not prohibit drinking while operating a boat. However, just like driving on the highway, there is a legal limit. If your BAC (blood alcohol content) is greater than .08, you can expect criminal charges. BUI is a crime and one that the state takes very seriously. Every year, there are accidents and fatalities in the world of boating, and 1/3 of those are related directly to alcohol use.

Know the Punishments

BUI punishments might not be quite as steep as those for DUI, but they are present and you need to know what they are. You’ll find that the severity of your punishment is determined largely by your how serious your infraction is, but punishments include fines of $250 and up, and jail time of up to 6 months. If there are previous alcohol-related charges in your past, you can expect much more severe consequences (including jail time of up to 5 years). Finally, if there is a death involved in the incident or there are personal injuries, authorities can escalate your crime from a misdemeanor to a felony.

For those who have been the victims of BUI, having an expert law firm on your side is vital and can help ensure you receive the recompense you are due.

Cheerleading Injuries Can Be Prevented by Following New AAP Guidelines

Cheerleading doesn’t seem like an activity that would lead to a high number of injuries, but that’s actually untrue. A significant number of cheerleaders are injured every year. These injuries can be prevented by following new guidelines set out by the AAP.

Cheerleaders are expected fixtures at football games, basketball games, pep rallies and more. However, this once rather innocent activity has been transformed in recent years. It’s no longer just the process of leading spectators to cheer for the home team. Cheerleaders today are competitive athletes. As such, they can be the victim of injuries just like any other athlete. However, thanks to new AAP guidelines, many of these injuries can be prevented.

Key Recommendations

While the AAP’s October 2012 report contains a wealth of important information, there are a few key recommendations that need to be addressed. These all speak directly to the prevention of injuries for cheerleaders in competitive athletic environments. These include the following:

  • A written emergency plan needs to be in place, and all parents, coaches and teachers should have access to this plan.

 

  • All states in the US should designate cheerleading as a “sport”, which would grant cheerleading teams and schools access to a range of benefits, including better coaches and medical care.

 

  • A spring or foam floor, or grass or turf should be used for pyramid and partner stunts at all times. These should never be performed on hard flooring of any type, nor should they be performed when the floor/ground is wet or uneven.

 

  • Cheerleaders should be trained in spotting techniques. In addition, cheerleaders should be prohibited from performing stunts unless they can show documented skill progression and training.

 

  • The victims of suspected head injuries should be removed immediately and not allowed to return until they have been released by medical personnel after a full examination.

 

  • A preseason physical should be required for all cheerleaders, and strength and conditioning coaches should be accessible to all participants as well.

According to the AAP, up to 60% of all cheerleading injuries are due to stunts and formations. 96% of all cheerleader concussions are also related to these activities. The guidelines listed above are designed to mitigate this serious threat.

Injured in Action?

If you or someone you love has been injured while cheerleading, a personal injury lawyer may be able to help. Until such regulations as listed above are in place, legal help may be your only recourse.

Younger Drivers Proven More Likely to Fall Victim to Distracted Driving from Phone Use

Teens and younger drivers have always been considered higher risks than older, more experienced drivers. However, a new study proves that young drivers are more likely to be involved in an auto accident because of cell phone use.

Distracted driving isn’t limited to just America’s youth, but a new study proves that younger drivers are much more likely to be involved in auto accidents because of their cell phones. For parents, this should be a wakeup call. For young drivers, this study should be the final incentive needed to convince them to put the phones down and ignore them when behind the wheel. What should you know about the study?

The Most At-Risk

Young drivers have always been considered higher risks because they lack the experience that comes with age and exposure to a variety of driving conditions. However, today, it’s the cell phone that proves to be the largest hurdle. Drivers between the ages of 18 and 20 are the most likely to be in an auto accident because of cell phones – they’re 23% more likely to have a crash or near crash according to the new study conducted by the NHTSA.

In addition, that age group experiences double the number of crashes as the next closest age group, and four times more than other groups, including elderly drivers (those aged 65 and over actually have the lowest chance of being involved in an accident).

Frightening Ignorance of Real Information

The number of awareness programs concerning cell phone use on the road has skyrocketed in recent years. However, their value is dubious. The NHTSA found that of all drivers surveyed in the study, more than half thought that using a phone while behind the wheel did not increase their safety risks at all. That delusion increases dramatically when considering those under the age of 35. 65% of drivers under 35 felt that using a cell phone while behind the wheel made no difference at all in their ability to drive safely. 25% of all drivers surveyed felt that texting while behind the wheel was not dangerous at all.

What to Do

Given the number of people who feel that cell phone use has no impact on driving despite the efforts of awareness programs, you can expect the number of crashes related to distracted driving to increase. If you have been injured in such an accident, it’s important to have an expert lawyer on your side to represent you in court.

Hotel Guests, Carbon Monoxide Risks and You

Most hotels do not have any type of carbon monoxide detectors. This has led directly to serious injuries and deaths across the country due to this invisible, odorless gas.

Staying in a hotel should be a relaxing experience. Most hotels worth your time go to considerable lengths to offer comfortable beds, cable TV programming and even complimentary meals at times. However, behind this congenial façade, there can be a serious threat lurking. Carbon monoxide is a very dangerous substance and it has already killed people in hotels across the country.

The Rising Death Toll

While most of us expect to be reasonably safe during our hotel stays, many people have found differently to their detriment. Across the country, more than 170 people have died in their hotel rooms from carbon monoxide poisoning. Carbon monoxide is an odorless, colorless, tasteless gas that is heavier than air. It kills by smothering its victims – essentially asphyxiating them due to a lack of oxygen. It usually strikes while you lie sleeping, because your body is low enough to be under the upper level of the gas (where the CO hangs beneath the oxygen layer).

However, the death toll doesn’t really tell the whole story here. Nationally, more than 1,300 people were evacuated in 2010 alone due to high levels of carbon monoxide within hotels. Many of these people were hospitalized for their exposure.

The Law on CO Monitors

Given the significant threat, it would seem logical that hotels would install CO monitors, and that there would be laws mandating this simply for public safety. However, no such laws exist, and few, if any, hotels have any type of carbon monoxide monitoring system in place. Part of the problem is that the monitors are relatively expensive (around $100 per monitor), and hotels would need to install one monitor per room, which equates to a significant expense per property.

For Those Injured

For those who have been injured and the families of those killed by exposure to carbon monoxide in a hotel, there are few options open. Perhaps the best solution is to retain a lawyer who specializes in personal injury cases, including carbon monoxide exposure. This can help ensure that medical bills are paid and that any pain and suffering is compensated, something that can be impossible to do on your own when dealing with a hotel’s insurance company.

Can Your Social Media Posts be Used in a Personal Injury Case?

Many people forget that what is put out on social media sites is public. These posts can be used in any type of court case, so being aware of what you put out there is vital.

Social media has transformed the world. Facebook, Twitter, G+, YouTube and many other sites make it simple and easy for us to communicate with family and friends, and to form new connections with other people as well. However, it can be easy to forget that once something is posted on these sites, it’s out there forever. There’s no real way to take it back. What’s more, they can also be used against you in a court of law, in your personal injury case.

Shutting It Down

One of the most important things for anyone involved in a personal injury case to do is to shut down their social media accounts. While this is not necessarily “required”, many lawyers do request that their clients do so to ensure that they do not inadvertently post something that could be used against them in court.

Give Your Lawyer Access

If you’re being represented by a law firm in a personal injury case, you should be prepared for your lawyer to request access to your social media accounts (if you do not close them completely). This allows your attorney to monitor your posts and the information that you make public, and can help to mitigate the potential damage from posts that should never have been made in the first place.

What Can Be Used Against You?

For those involved in a personal injury case, the social media situation can be confusing. What can be used against you here? Actually, a wide range of information can be used in your case, and can even damage it to the point that you lose or your case is thrown out. Remember that the opposing attorney will be looking for ways to discredit you, and your posts can give them the means to do just that. This has become a common practice, and anything that amounts to an admission or a circumstance that mitigates your case can be used to your detriment.

What Should You Do?

The first step is to speak with your lawyer about your social media accounts. Ask his or her opinion of what should be done with your accounts, and give them your login information as well.

What to Watch for When Renting Jet Skis in Florida

Renting jet skis is a great way to ensure you have an afternoon of fun on the water. However, there are some potential problems here that can have a dramatic effect on you.

Spending a day on the beach and enjoying Florida’s beautiful waters is always an enjoyable experience. Renting Jet Skis has become a popular pastime on the state’s beaches, as well. They’re fast, compact, require no license to operate and are widely available throughout the state. However, before you decide to rent from any company, there are some things that you’ll need to know.

1. Always research a company’s reputation first. This can be difficult to do, particularly if you’re visiting the state. However, you can inquire with the hotel or resort staff about any company in the area and find out if they’re recommended or not.

2. Consider renting from companies affiliated with where you’re staying. If you are staying with a hotel or resort, chances are good that there’s a Jet Ski rental company affiliated with them. Rent from this company rather than a third party.

3. Double-check the rental agreement. Sometimes, rental agreements can hide fees and charges, as well as things like who is responsible should something happen to the equipment. Make sure you fully read the rental agreement before you sign it.

4. Always inspect a Jet Ski before you rent it. Never assume that equipment is in good condition. Always check out any equipment you’ll be renting before you pay the vendor. If the vendor objects, you know that you need to find another company.

5. Know your limits. Jet Ski rental companies don’t usually give you carte blanche to travel wherever you want. Make sure you know what your limits are in terms of distance and locations before you leave the vendor.

6. Safety equipment matters. Make sure that the vendor supplies every person who will be on the Jet Skis (including passengers) with a modern life vest. If the company doesn’t supply life vests, consider renting from another one instead.

7. Be safe and follow the rules. Jet Skis are enormous fun, but the can be dangerous. To avoid the need for a lawyer in the future, make sure that you follow all the safety rules and regulations regarding these machines while you’re out on the water. If you’re unclear on safety and operating procedures, ask the rental company to explain.

Do You Really Need Uninsured Motorist Coverage?

Having the right auto insurance coverage is essential. Uninsured motorist coverage is vital to ensuring that you are protected in a collision with an uninsured or underinsured driver.

Auto insurance is mandatory in Florida (as in most of the US). However, the state only requires a minimum amount of coverage. The state does not mandate that you carry uninsured motorist coverage. However, it’s very important that you have this type of protection included on your insurance policy. Why is this? What is this type of protection?

What Happens If You’re Injured?

Every day, thousands of people in Florida are injured in automobile accidents. In most cases, the insurance companies pick up the tab here. However, what happens if you’re injured in an auto accident and the person who hit you doesn’t have insurance? What happens if their insurance coverage is not sufficient? In most instances, you’re on the hook for your medical bills, and you won’t see anything for pain and suffering through a personal injury case, regardless of how skilled your lawyer might be.

However, if you have uninsured motorist coverage, you have recourse. Your own insurance will kick in here, whether the person who hit you had no insurance or carried too little to pay for damages and medical treatments.

Hit and Run

Another instance where uninsured motorist coverage is vital is in the case of a hit and run driver. If the other driver flees the scene before police arrive and you are unable to get their information, you’ll have no recourse at all if you’re not covered by uninsured motorist insurance. However, if you do have this type of insurance, the hit and run driver is treated just like an uninsured driver – your insurance policy will kick in and pay out to you.

Hire an Attorney

Of course, having this type of coverage is not always enough. If you have been injured in an accident that was not your fault, it’s important that you hire a law firm that has experience dealing with personal injury cases. This will ensure that even if you’re up against a driver with no insurance or even a hit and run case, the attorney will be able to get your insurance company to compensate you. Not having an attorney is never advisable. It might be your insurance company, but that doesn’t mean they’re any more eager to pay out to you than they would to someone you hit if the situation were reversed.

A Look at Distracted Driving and You

Distracted driving is a very serious problem in today’s world, both for area residents and commercial drivers. The increasing incidence of accidents and fatalities related to distracted driving should be enough to frighten anyone.

Distracted driving is often thought of as something that only young drivers are prone to, but that’s incorrect. While teens are more likely to be distracted while behind the wheel, a significant number of adults are also guilty of this. Even commercial drivers can be distracted behind the wheel. What should you know about this frightening trend?

Increasing Number of Incidents

Most drivers think of distracted driving as something prevalent with younger drivers and not particularly prevalent outside areas where teens might be behind the wheel. However, that’s the wrong assumption to make. According to a recent government study, there were nearly 40,000 auto accident fatalities in recent years, and a significant percentage of those were attributable to distracted driving. In fact, studies show that up to 78% of auto accidents are caused by distraction and a general lack of attention behind the wheel. Obviously, considering the number of crashes and the involvement of adults across society, teens are not the only ones guilty of this.

Put Down the Phone

Perhaps the number one source of distraction while behind the wheel is the humble cell phone. While chances are good that you’re familiar with the enormous problem of texting while driving, there are other distractions involving cell phones as well. These include attempting to dial the phone, using apps while behind the wheel and reading content on the phone’s screen. Your best defense here is to simply put the phone down and leave it alone while you’re behind the wheel, or to invest in a hands-free system so that you can keep your hands on the wheel and eyes on the road.

Eating and Drinking

Another huge threat in terms of distraction is the act of eating or drinking behind the wheel. We’ve all done it at one point or another – reaching down to grasp that 32-ounce soda or trying to down a sandwich while on the way to a meeting. Eating and drinking behind the wheel are common occurrences, but can be just as distracting as texting behind the wheel. There’s also enormous potential for further distraction here. For instance, spilling your drink will certainly cause you to take your eyes off the road.

Distracted driving is an epidemic – don’t do it.

What Is Distracted Driving and What Should You Know?

Distracted driving is essentially anything that causes you to turn your eyes and attention away from the road. Any number of things can be the culprit here, and it’s vital that you know what they are so you can avoid them.

A lot has been made of the increasing incidence of distracted driving on America’s roads. However, despite a significant number of awareness programs designed to highlight just how dangerous these actions are, the number of distracted driving related accidents across the country (and in Florida) continues to rise. What is distracted driving and how do you avoid it?

What It Is

Distracted driving, according to the US federal government, is “any activity that could divert a person’s attention away from the primary task of driving. All distractions endanger driver, passenger and bystander safety.” That’s a pretty broad scope, but it’s important that you realize just how wide a range of actions can constitute distractions that divert your attention from what you should be doing – paying attention to the road.

Stats You Should Know

The government offers some sobering statistics regarding distracted driving. These should be eye-openers for every driver on the road. In 2010, more than 3,000 people were killed in accidents related to distracted driving. In all, more than 400,000 auto accidents were caused by distracted drivers. 18% of all injuries sustained in auto accidents were reported as being related to a collision with a distracted driver.

What Causes Distractions

As mentioned above, a wide range of things can contribute to being distracted behind the wheel. These include:

  • Speaking on or dialing your phone
  • Eating and drinking while driving
  • Texting while driving
  • Putting on makeup or grooming while driving
  • Using your navigation system
  • Reading behind the wheel (including reading maps)

Of course, these are only the tip of the iceberg. There are many other acts that put you, your passengers and every driver you encounter on the road in serious danger. Distracted driving is becoming a very serious problem in the nation, and if you are involved in this type of accident, you will need strong legal representation. For those who have been injured or who have lost a loved one to a distracted driver, a law firm that specializes in representing such cases can provide you with legal recourse and represent your right in a court of law.