The data available from the Highway Traffic Safety Administration shows that 2008 was a record low year for fatal accidents. Nationally, the numbers haven’t been this low since 1961. The first three months of 2009 are continuing this downward trend. 2008 is a 9.7 percent drop from 2007, though motorcycle fatalities continue to rise and now account for 14 percent of all highway traffic fatalities.

This news is encouraging, but Florida and the rest of the nation have a long way to go to bring the waste, pain, and fatalities of our highways to a minimum. According to the National Highway Traffic Safety Administration’s  Center for Statistics and Analysis, if the seat belt use had been 90% in 2007, which is over 10 percent of the actual number, another 184 people would have survived their automobile accident. The number of non-fatal injuries that would have been prevented is 4,511. Out of all fifty states, Florida stands to save the most money due to the associated cost of accidents, an estimated $605,472,000.

This means that 2009 and 2010 are going to be very interesting for safety experts and policy-makers. As of July 30th, Florida’s Primary Seat Belt Law has gone into effect. Previously, not wearing a seat belt was worthy of a traffic citation if a driver was pulled over for another moving violation. Now, law enforcers may pull over drivers specifically for not wearing their seat belts. For adults, the fine is $93. If a child is not properly restrained in its seat, the fine is $143. It is expected that Florida’s seat belt rates will rise approximately 13%, as studies  have shown in other states that have enacted primary seat belt laws.

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Workers Comp Costs Rising

The most recent data shows that medical costs for worker’s compensation rose between 5 to 7 percent in 2005 and 2006.

In 2004, Florida reformed their worker’s compensation legislation to give higher payments to doctors but lower payments to outpatient services, a key element in rehabilitation for workers with on-the-job injuries. As a result, fewer workers sought outpatient care, preferring the extra coverage of full hospital stays or going without treatment to paying more for the convenience of outpatient services.Those suffering from severe trauma received less expensive surgeries even though the payments exceeded the state’s schedule rate, which was among the lowest in the nation.

One of the reasons Florida underwent such legislative change in 2004 was to reduce the number of lawyers representing workers in their compensation claims. Among the changes to the actual schedule rates for treatment, there was a cap placed on attorney’s fees. By reducing the amount a lawyer could hope to make, the insurance industry supported lawmakers hoped to reduce the number of overall claims.

It didn’t work. The decrease was minimal, and the state Supreme Court has already ruled that such practices are unconstitutional because they intend to block a worker’s right to due process and legal representation. The Florida legislature has ignored this decision and reinstated the caps.

If you are injured on the job, seek the advice of an experienced trial attorney.

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