Latest Blogs

“The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) released fatal traffic crash data for calendar year 2016 on October 7, 2017. We would like to share with you its findings in our continued effort to decrease traffic accidents,” said Naples Vehicle Accident Attorney, Randall Spivey. 

According to the NHTSA data, 37,461 lives were lost on U.S. roads in 2016, an increase of 5.6 percent from calendar year 2015. 

The 2016 national data shows that: 

• Distraction-related deaths (3,450 fatalities) decreased by 2.2 percent;
• Drowsy-driving deaths (803 fatalities) decreased by 3.5 percent;
• Drunk-driving deaths (10,497 fatalities) increased by 1.7 percent;
• Speeding-related deaths (10,111 fatalities) increased by 4.0 percent;
• Unbelted deaths (10,428 fatalities) increased by 4.6 percent. 

As the data indicated, drunk driving (28 percent of fatalities), speeding (27 percent) and not wearing seatbelts (27.8 percent) were primarily responsible for the traffic fatalities increase in 2016. 

What do we know about the reasons for the spike in drunk driving, speeding and not wearing seatbelts? 

Drunk Driving 

Twenty-nine states and the District of Columbia saw increases in the number of alcohol-impaired driving fatalities. The largest numbers of alcohol-impaired driving fatalities were recorded in Texas at 1,405 (a 39 percent increase), California at 911 (a 27 percent increase) followed by Florida at 788 (a 27 percent increase). 

• 69 percent of alcohol-impaired driving fatalities involve drivers with a high blood alcohol content (BAC).
• 73 percent of those with a high BAC are repeat offenders.
• 23 percent of alcohol-impaired driving fatalities are persons under the age of 21. 

Speeding 

• Male drivers under the age of 34 were most likely to be speeding at the time of a crash.
• 24 percent of speeding drivers involved in fatal crashes did not have a valid driver’s license at the time of the crash.
• 52 percent of drivers under age 24 who were speeding had a BAC of .08 or greater. 

One of the most frequently mentioned contributing factors to aggressive driving was traffic congestion. The NHTSA reported also that some people drive aggressively because they have too much to do and are “running late” for work, school, their next meeting, lesson, soccer game, or other appointment.  

Not Wearing Seatbelt

Among passenger vehicle occupants killed in 2016, 48 percent were unrestrained by seatbelts. 

• Adults aged 18-34 are less likely to wear seatbelts than those 35 or older
• Men are 10 percent less likely to wear seatbelts than women
• 34 percent of 16-24 year olds do not wear seatbelts. 

How does Florida law treat DUI, speeding and unbelted vehicle occupants? 

DUI 

If a driver drives over the legal limit and causes an accident which results in another person’s death or the death of an unborn child, a DUI charge can be elevated to DUI manslaughter, which is a second-degree felony in Florida. Additionally, if the driver is a repeat DUI offender, the DUI charge can be elevated to a felony. A third-offense DUI within a ten-year period is a third-degree felony under Florida law. A DUI manslaughter felony carries up to fifteen years in prison and permanent revocation of the driver’s license.  

Speeding 

Florida has what is known as an “absolute” speed limit law. If the sign says 40 mph, and a driver drives 41 mph or more, the driver has broken the law. A first time violator may be fined between $25 and $250, and the violator’s license may be suspended for up to 30 days. 

Seatbelts 

For most states (including Florida), not wearing a seatbelt is a primary offense. This means that a driver or passenger can be pulled over solely for not wearing a seatbelt. 

“Any increase in the number of incidents of drunk-driving, speeding and unbelted fatalities on our roadways is tragic to those involved and their families. We at Spivey Law Firm, Personal Injury Attorneys, P.A. urge drivers to stop these activities which put us all at risk. Should you or a loved one be injured in an accident, please contact our experienced team of attorneys to determine your rights,” said Attorney Spivey.

Naples Vehicle Accident Attorney,Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.