Articles Posted in Car Accidents

According to a recently released study entitled “Driving under the (Cellular) Influence” conducted by Carnegie Mellon University and the London School of Economics and Political Science, the use of a cell phone while operating a vehicle does not correlate with a higher risk of causing a car accident.

The study sought to reconcile the conclusion that talking on a cell phone while driving increased the risk of crash with the fact that, although cell phone use has increased over the past few decades, the number of car crashes per mile traveled in the United States has decreased. The study gathered data from an unnamed cell phone provider which demonstrated a more than seven percent increase in call volume after 9 p.m., due to usage plans that offered free nights.

These figures were then compared to the rate of car accidents occurring before and after 9 p.m. Based on crash data gathered on eight million accidents in nine states and all fatal crashes across the nation, the study concluded that there was no correlation between cell usage during driving and incidence of car accidents.

As this blog has previously discussed on several occasions, Florida is one of twelve states that has adopted a “no fault” insurance scheme. Florida’s system requires motorists involved in auto accidents to submit claims for compensation to their own insurance company, regardless of which party is at fault for the accident.

Florida has further mandated that motorists must carry a minimum of $10,000 of personal injury protection (“PIP”) insurance which covers medical treatment and other economic damages that might arise from a motor vehicle accident up to 80% of medical bills, 60% of lost wages, and a $5,000 death benefit.

Florida’s PIP system has been the subject of much scrutiny over the last year as lawmakers continue to tinker with its provisions through new legislation. The PIP system is intended to provide benefits for to those injured in automobile accidents in an expedited manner. Recently, the Florida Supreme Court issued a decision in Nunez v. Geico holding that the placement of certain obstacles to obtaining recovery by insurers frustrates the purpose of the PIP system and are therefore unlawful.

In Nunez, Merly Nunez was injured in a car accident in September 2008 and sought PIP benefits from her insurance company, Geico. Geico denied Nunez coverage, claiming that she had to submit to an examination under oath, as required by her policy, prior to seeking treatment. Nunez sued Geico in a class action, arguing that Geico’s examination requirement violated Florida’s PIP statute.

After the federal district court dismissed the lawsuit, Nunez appealed to the 11th Circuit U.S. Court of Appeals, which certified the issue for resolution by the Florida Supreme Court. Before the Florida Supreme Court could decide the case, Governor Rick Scott signed into law amendments to the PIP statute that required any individual seeking benefits to comply with the terms of his or her insurance policy, including an examination under oath requirement. However, according to the Supreme Court, because Nunez’s policy with Geico was issued in 2008 and the accident was in 2008, the amendments to the PIP statute were inapplicable to Nunez’s case.
In ruling that Geico’s policy violated the provisions of the PIP statute, the Court recognized that the statute’s stated purpose is to provide for “swift and virtually automatic payment” to those eligible for PIP benefits and Geico’s examination requirement clearly frustrated that purpose by preventing Nunez from recovering in a “swift and virtually automatic” way.

If you or someone you know has been injured in a car accident you may need legal representation to protect your right to compensation. It is imperative that it your claim be evaluated by an experienced personal injury attorney as soon as possible after the accident to preserve your right to compensation.

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According to a recently released study conducted by the AAA Foundation for Traffic Safety, contrary to what many individuals might believe, motorists are incapable of safely performing both the various tasks necessary to safely operate a vehicle while engaging in another activity such as talking on the phone or texting.

The study, entitled “Measuring Cognitive Distraction in the Automobile,” sought to establish a method by which researchers could measure and understand “cognitive distraction” in motor vehicles by performing various experiments designed to assess the effect distractions had on the ability of participants to effectively operate a motor vehicle.
The study concluded that, as drivers were exposed to increased mental workload and distractions, their reaction time slowed significantly and their brain function became compromised. The detrimental effects of increased distractions resulted in driver’s scanning the road less and missing visual cues.
The study’s findings seem to debunk many motorists’ long-held belief that the use of hands-free technology to talk or text eliminates much of the danger associated with distracted driving. The study’s results indicate that the mental distractions caused by talking or texting are present even when motorist are able to keep their hands on the wheel and eyes on the road.
According to Gail Weinholzer, a AAA representative, a survey conducted by AAA found that “71% of all drivers believed that hands-free is risk-free and 50% of all drivers believed infotainment systems are not distracting. Both of those statistics could not be further from the truth.”
As this blog has discussed before, distracted driving is a serious problem plaguing Florida’s roadways. Of the more than 170,000 crash reports filed in Florida during the first ten months in 2011, over 100 involved motorists that were texting at the time of the accident.
Further, according report published by the National Highway Traffic Safety Administration, in 2009, 5,474 people were killed on U.S. roadways and another 448,000 were injured in motor vehicle accidents that reportedly involved distracted drivers. In distracted driving crashes that resulted in a death, 995 involved a cell phone as the distraction, and, of those accidents resulting in injury, more than 24,000 involved a cell phone.

The State of Florida has recently taken steps to curb the negative consequences of distracted driving, as Governor Rick Scott recently signed a bill banning motorists from texting-while-driving. The ban makes Florida the forty-first state to enact such prohibitions on the use of cell phones while driving. Although the ban on texting-while-driving may result in a decrease in distracted driving, the AAA study demonstrates that it will continue to be problem as long as motorists persist in using technological devices while operating their vehicles.

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