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CBS Los Angeles reported that on May 6, 2016 in Torrance, California, five people were injured as the result of pedal error. Authorities say that an elderly woman mistook the gas pedal for the brake and slammed into a Planet Fitness Gym. After crashing through the wall, the vehicle did not stop for another 50 feet. Inside the gym, patrons heard the crash, and saw glass shards spraying into the main workout area. A victim inside the gym was pinned against a vending machine, and three people, doing abdominal exercises on the floor, were run over by the vehicle.

According to ISHN (Industrial Safety and Hygiene News), drivers use brakes almost one million times a year, and usually there is no problem. However, every year, approximately 16,000 preventable pedal error crashes occur.

When do pedal error crashes occur?

The NHTSA (National Highway Traffic Safety Administration) says that pedal error crashes can occur when a driver intends to apply the brakes, but instead steps on the accelerator. Also, a driver’s foot may slip off the edge of the brake onto the accelerator. There are also instances when a driver steps on both the brake and the accelerator at the same time. When this happens, NHTSA reports that there can be a sudden vehicle acceleration, often at full-throttle, with no brake force slowing the vehicle down.

Although pedal errors are especially common among drivers who are 16 to 20 years of age and those over 76, drivers of all ages have committed pedal error where they step on the accelerator rather than the brakes, according to NHTSA.

“Even though California has 400,000 more licensed drivers than Florida, Florida’s drivers crash into commercial buildings, businesses, and non-residential structures at a rate that is 70 percent higher than drivers in California. Our current estimate is that Florida accounts for as many as 17 percent of all such accidents nationally, and does so with just 10 percent of all licensed drivers,” according to the Storefront Safety Council.

What can be done to prevent pedal error crashes?

The NHTSA announced in early September 2015 an agreement among 10 large vehicle manufacturers. The manufacturers agreed to commit to making automatic emergency braking a standard feature on future cars. The new technology, using radar, cameras or lasers, would alert drivers of an imminent crash and apply the brakes automatically.

Assemblyman Bill Quirk, D-Hayward, California, authored Assembly Bill 764, legislation that would create state standards for how to protect parking lots, as well as providing insurance breaks for commercial parking lots to add protective barriers.

David Hochman in Storefront Crashes: Why They Occur and How to Prevent Them writes that the simplest solution is to minimize nose-in parking spaces at storefronts. There are tested safety barriers that can be installed at the end of parking spaces against the curb or sidewalk to prevent vehicle intrusions.

There are few communities that have adopted laws requiring safety barriers. One of the rare exceptions is Miami-Dade County, which is requiring “anti-ram” fixtures at some nose-in parking sites. There are some states that set new standards in place in 2015, a couple of which are California and Massachusetts.

For drivers, NHTSA recommends the following tips to help prevent pedal-error crashes:

• Get Familiar: Adjust your seat, mirrors, steering wheel and pedals (if they are adjustable) properly before starting the vehicle. If you’re driving a vehicle you don’t normally drive, make sure to familiarize yourself with the location and feel of the accelerator and brake pedals.
• Aim for the Middle: Make it a habit to aim for the center of the brake pedal every time the brake is used. This reinforces muscle memory and reduces the chances of pedal error.
• Avoid Distraction: While driving, stay focused on the driving task until the vehicle is safely stopped, shifted into Park and turned off. Do not reduce your attention to vehicle control near the end of the driving route simply because the driving task is almost complete, and the vehicle is traveling slowly.
• Be Cautious: Proceed slowly and carefully when pulling in and backing out of parking spaces.
• Wear Safe Footwear: Safe footwear affects your ability to operate a vehicle. Footwear such as flip-flops, heavy boots or high heels can contribute to pedal-error crashes. Wear flat-soled, lightweight shoes whenever you’re in the driver’s seat.

 “If you or a loved on has been the victim of a crash involving pedal error, contact the attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights,” said Fort Myers Vehicle Accident Attorney, Randall Spivey.

Fort Myers 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.