Auto Accidents Archives | Page 7 Of 12 | South Florida Injury Law Firm

Keep Your Kid Safe in a Florida Crash with the Right Car Seat

October 19, 2018

by South Florida Injury Law Firm Auto Accidents Child Safety in Cars Children Injuries & Accidents

Not sure which car seat is right for your child?

You have an important job as a parent—providing a safe experience for your child while he or she is riding in a vehicle. Thousands of children are injured or killed in Florida car crashes each year, and the right car seat can protect your child from getting hurt.

Choosing the right car seat is essential for keeping your child safe, but with so many options out there, it can be difficult to know which seat is the right one – something that is based on your child’s age, height, weight and other needs.

In this guide, we’re going to go over the different types of car seats available, offer tips on knowing when children are ready to graduate from one stage to the next, and go over proper installation techniques.

Consider these guidelines based on your child’s individual characteristics.

Infants and Toddlers

Rear-facing seats are required for infants and smaller toddlers. These seats are safest for children until they have outgrown them. A rear-facing seat may be static, or it may convert to a forward-facing seat.

Check the car seat manufacturer’s recommendations for height and weight limits. A rear-facing seat secures the child in a five-point harness and is normally rated for toddlers up to 35 pounds.

Some infant car seats have a base that stays in the vehicle while the car seat can move in and out. Not only can these types of seats be carried around with you, often they will pair with a stroller, so you can safely move your child from one to the other without disturbing them.

You can purchase more than one base for use in multiple vehicles.

If your baby slouches or leans inside the seat, you can roll up two blanket and use it to stabilize your child on both sides. You should not place any padding behind or under your baby for safety reasons.

A convertible seat can be used for an infant and then switched to a forward-facing seat for when your child exceeds the rear-facing weight limit. They do not come with a base that allows the seat to be removed and carried with you.

These seats typically have a higher weight limit of up to 50 pounds, though some go higher.

You can also purchase a 3-in-1 seat that transitions from a rear-facing seat to a forward-facing seat, then to a booster for an older child. These seats are larger than others, so make sure they fit in your vehicle before you purchase one.

It is important to note that both convertible and 3-in-1 seats typically have separate weight limits for rear-facing and forward facing, and that often they are rated for higher rear-facing weights.

Why does this matter? Because studies have shown that children are safer (at any weight) when in rear-facing seats. The longer you can keep your child facing the rear, the safer they will be.

Toddlers and Preschool Children

As mentioned above, children who are too big for a rear-facing car seat can use a forward-facing seat with a harness. The harness will keep them safer than a seat without a harness.

Use this type of seat until your child outgrows the height and weight restrictions as listed by the car seat manufacturer. Typically, these seats are used until a child is at least four years old – but remember that weight and height limits matter face more than age. Many parents make the mistake of putting their kids in “older” seats before they’re ready.

Some vehicles are equipped with built-in forward-facing seats. These built-in seats should not be used unless your child is at least two years old. Check your vehicle owner’s manual for information about height and weight restrictions.

School-Aged Children

Children of elementary school age can use a booster seat once they have outgrown a forward-facing seat. Again, this means checking height and age requirements. Booster seats are recommended for children who are under 4’ 9” and are typically younger than 12 years of age. Booster seats should always be placed in the back seat of the vehicle.

Older Children

Older children must use lap and shoulder seat belts once they are tall enough to wear them. Children younger than 13 years of age should still ride in the back seat for maximum safety.

Installing a Car Seat

Car seats can be installed with the existing seat belts or the LATCH system, which stands for Lower Anchors and Tethers for Children. If your vehicle was made after September 1, 2002, it is likely equipped with two lower anchors between the seat cushions and one upper tether behind the seat, on the ceiling or on the floor.

Both seat belt and LATCH systems provide security in a car accident. It’s best to use only one system unless the car seat manufacturer recommends using both seat belts and LATCH. Seat belts must be tightly adjusted for safety.

Lower anchors are approved for a maximum combined weight of 65 pounds, which includes your child and the car seat. Check the car seat manufacturer’s recommendations to know if a certain seat is appropriate for your child.

When you follow these tips for proper car seat use, you can protect your child from injury or death in a Florida auto accident.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Florida Car Crashes: Why Do So Many Happen Close to Home?

September 25, 2018

by South Florida Injury Law Firm Auto Accidents Automobile Safety Distracted Driving

There’s no way to completely avoid car accidents. However, more accidents tend to happen in certain places and situations than in others. Because of this, being aware of these accident “hot spots” and staying alert can help reduce your risk of becoming involved in a car accident.

So, where do crashes tend to happen more often?

You might think that the unfamiliar locales and drowsiness of a long-distance road trip would make car accidents more likely when you’re far away from home… but you’d be wrong. Below we’re going to detail where car accidents happen most, and more importantly, what you can do to reduce your chance of getting into a crash.

Where Florida Auto Accidents Happen Most

In the US, there is a car crash about once every 5.2 seconds. Tens of thousands of people are killed annually in fatal collisions, and millions of Americans are involved in non-fatal accidents.

Where do all of these auto accidents occur? Statistically, there are certain places where auto accidents are more likely to happen:

Close to home: Studies have shown that about one in three car accidents happen within a mile of the motorist’s home, and an even higher percentage more occur within 25 miles of home. This may be because motorists are in a comfort zone when close to home, and they are less likely to be alert on the road. One of the most common causes of collisions close to home is hitting parked cars.
Intersections: Not surprisingly, collisions are more likely to occur in intersections, where two or more directions of traffic come together. Auto accidents are even more likely if the intersection is unregulated or only has stop or yield signs instead of a stoplight.
Stoplights: Stoplights are a common place for car accidents, particularly rear-end collisions when drivers fail to stop in time for a car sitting in front of them at a red light.
Busy two-lane roads: Two-lane roads in rural or non-residential areas with moderate speed limits are common locations for head-on collisions, which can be very dangerous. Auto accidents on two-lane roads commonly happen when motorists try to pass slower-moving vehicles by speeding into oncoming traffic.
Rural highways: Although rural highways have less traffic, they are a common site of single-car accidents. Similar to driving close to home, driving in deserted areas can lead to motorist inattention. Roadway disrepair, wildlife and debris in the roads can increase the risk of this type of accident.

Avoiding Auto Accident Hotspots in Florida

Ever pulled into your driveway and realized that you can’t remember the last part of your drive home? This is because your brain tends to go on autopilot when you’re in an area you’re very familiar with, or making a drive you’re very familiar with, such as your commute to and from work. Your brain tends to rely more on muscle memory than on active driving skills on these familiar drives, making you less aware of the road.

Reminding yourself to stay alert during these “familiar” drives can significantly decrease your risk of car accidents. Try to avoid falling into a comfort zone when you’re close to home or on a drive that you make frequently. If you find your attention drifting, bring your focus back to the road. Sometimes rolling down a window can help increase your alertness.

Additionally, and this should go without saying, but you should always buckle your seatbelt – even for short trips. In fact, you should do this especially for short trips, given the statistics we’ve covered. Also, always be sure to avoid distracted driving practices such as texting while driving.

Although there’s no surefire way to avoid auto accidents completely, staying alert to road conditions and being aware of the places and situations that make collisions more likely can help you and your family stay safe on the road.

About the Author:

Teen Drivers: Why Floridians Should Steer Clear This Season

May 23, 2018

by South Florida Injury Law Firm Auto Accidents DUI Accidents Texting & Driving

In one recent Ohio accident, a 17-year-old driver was speeding and overcorrected, which ejected two teens from the vehicle and injured the other passengers. One of those teens was killed in the crash.

The reason the driver was speeding? The teens were running late to prom.

Over 5,000 teens are injured in car accidents every year across the nation during prom and graduation season, and one-third of teen driver accidents involve alcohol use. A full one-third of people under age 21 who die in accidents do so during graduation season, and many of them die in car accidents. Because of this, the months of April, May, and June are known as the most dangerous months for teens to be on the road.

It doesn’t end with teens, though – all Florida drivers need to be cautious. Even in the best of times, teens don’t typically drive with the same caution older drivers use. They take more risks and are less likely to make responsible choices in sudden situations. Teens are much more likely to be distracted drivers due to phone use, conversations, and peer pressure from teen passengers.

Now imagine that magnified by the lure of high school ending and the freedom of adulthood coming. Of teens wanting to have one last hurrah with their friends before they head off to college. That’s where we are right now.

Drinking and Driving on Prom or Graduation Night

Too many teens choose to celebrate these important life events with binge drinking. On graduation night, the percentage of alcohol-related fatal accidents moves up from 33 percent to 40 percent.

Teens often underestimate the risks of drunk driving. They may assume that someone at the party hasn’t had anything to drink and is safe to drive, but that’s frequently not the case.

If you are in an accident with a teen driver, the teen’s negligence may have caused your injuries, and you owe it to yourself and your family to hold them accountable for their actions and sue for compensation.

Understanding Florida Personal Injury Lawsuits

If you decide to file a personal injury lawsuit against a teen, here are the basics of car accident laws in Florida.

First, you must file a claim within four years of the date of the accident. If you don’t file within four years, you have no rights to compensation.

The court system will look at all parties involved in the accident and assign percentages of fault to each party. Your compensation will be reduced according to your percentage of fault.

For example, if you were speeding when the accident occurred, you may be held responsible for 20 percent of the accident. If the court decides to award you $100,000 for your injuries, that means the maximum amount you can actually receive under the pure comparative negligence rule is $80,000.

Florida also has a no-fault insurance law, which means that each driver is covered first by $10,000 in personal injury protection insurance. This applies no matter who is at fault for the accident. You can file for additional compensation only if the accident caused serious injuries. The courts also place caps on the amount of damages you can recover.

Want to learn more? Reach out today for a free consultation. One of our skilled Florida injury attorneys will be able to look at the facts of your case and tell you what options are available to you.

About the Author:

Florida Insurers That Are Known for Bad Faith Practices

May 14, 2018

by South Florida Injury Law Firm Auto Accidents Bad Faith Insurance

When you think of insurance companies that try to scam their customers by acting in bad faith, you might assume that they’re smaller businesses. Low-rent organizations that you’ve never heard of and certainly wouldn’t use.

However, you may be surprised to learn that there are actually some truly big names on the list of Florida insurers that are known for their bad faith practices. In this post, we’re going to reveal the worst offenders where bad faith is concerned, then explain some things you can do to protect yourself if your claim is rejected.

Insurers That are Most Likely to Engage in Bad Faith in Florida

According to Badfaithinsurance.org, the worst 10 insurance companies who act in bad faith include the following:

Allstate
State Farm
The Hartford
Unum
Farmers
Lloyds
MetLife
Liberty Mutual
American Family
Auto-Owners

Some of those names you may not have ever heard of, but many of them are stalwarts in the industry – including the first two on the list!

How did Badfaithinsurance.org come up with this list? The worst offenders were selected from 3,693 companies representing 655 groups.

Let’s look at a few of these companies in detail to discover why they ranked so high in bad faith insurance practices:

Allstate

Simply put, the company consistently refuses to pay claims. They also have a high rate of customer dissatisfaction, resulting in many lawsuits. It’s also worth noting that Allstate was also ranked as the worst offender by the American Association for Justice.

State Farm

State Farm has consistently ranked in the top three worst offenders for years. They have a poor record of failing to pay claims and a high number of lawsuits.

The Hartford

Known for frequent denials of claims, The Hartford often ranks high in bad faith insurer categories. Many customers complain about foul play and victimization.

Unum

This company denies legitimate claims over and over – even after appeals are made. They are also known for unreasonable delays in processing claims. Fraud has been widespread within their ranks.

Farmers

This insurance giant lets homeowners and businesses down with its failure to pay. They have inflated premiums and given commissions for shady behavior. Policyholders often complain about failure to pay legitimate claims.

Filing a Florida Bad Faith Insurance Lawsuit

If you are the victim of a bad faith insurance scheme, you need the help of an experienced attorney who can assist you in recovering the payments you deserve.

As a policyholder, you can expect claims to be paid under your policy terms. Yet insurance companies may use several tactics to avoid paying you, even for a legitimate claim. Here are some of the ways insurance companies resist making payments:

Delaying processing – An insurer may drag out the normal filing process to avoid making a payment.

Skewing evidence – Insurers may select arbitrary evidence to support their position of denying the claim.

Using invalid claim reviews – Some insurers reject personal injury claims based on the testimony of a doctor who hasn’t even seen the insured for a proper examination.

Failure to conduct thorough research – You deserve for every aspect of your case to be reviewed, not only the parts that favor the insurer’s position.

Using deceptive practices – An insurer may offer to pay less than your policy states, fail to inform you of a filing deadline, or use untruths when explaining your coverage.

Cancelled policies – In the worst cases, an insurer may simply cancel your policy to avoid paying your claim.

The Five Factors Florida Uses to Determine Bad Faith

Florida law requires that bad faith insurance cases are filed “after a third party obtains a judgment.” These five different factors must be considered to determine whether bad faith has occurred.

How coverage applies to the claim
Whether the insurer conducted a thorough investigation into the claim
Whether the insurer resolved the issue in a reasonably timely manner, without prejudice
Whether the insured received a notice of the insurer’s right to deny coverage along with a defense of why the claim was denied
Whether the insurer tried to settle the claim despite the dispute over coverage

If the claim is covered under your policy and the liability is clear, yet your insurer fails to pay, you may be eligible to receive compensation for your losses. You may be able to file for compensatory damages as well as punitive damages.

These cases can be complicated and difficult to win. You need the help of a skilled Florida bad faith insurance attorney who has successfully handled cases like yours before. A tough defender will fight the insurance companies to get you the compensation promised under your policy.

Bad faith insurance claims need to be filed within strict timelines and under specific regulations. You’ll need to provide as much documentation as possible when filing your claim. A skilled lawyer will guide you through the process and conduct a thorough investigation into your case, looking for the best ways to defend your claim.

Ready to file a lawsuit? Call us today for a free case review. We’ll look at the details of your bad faith insurance case and help you understand your rights to compensation.

About the Author:

More Tesla Self-Driving Crashes – Who’s Liable in Florida?

April 26, 2018

by South Florida Injury Law Firm Auto Accidents Driverless Vehicles

Several self-driving Tesla car accidents have occurred over the last few years, and the company keeps blaming drivers for the mistakes. Is the answer really that straightforward, though? Who is really at fault for the crashes?

Below we’re going to dive into the specifics of one particular case, as well as what the investigations into these crashes have turned up, then talk about what Florida product liability laws have to do with cases like these.

Tesla Blames Driver for Recent Car Crash

The family of a man from Mountain View, Calif. is suing Tesla Inc. for wrongful death after his SUV crashed into a concrete barrier and collided with two other vehicles in March.

The company states that the driver knew the Autopilot function was not reliable in the location where the crash occurred, but he used it anyway. Tesla Inc. says the crash occurred when visibility was good and the weather was clear, indicating that the fault lies with the driver, not the vehicle.

The Tesla Autopilot feature regulates several driving functions without input from the driver. It automatically navigates lanes, adjusts cruise control, and turns into other lanes when the turn signal is on as long as conditions are safe.

The Autopilot function on Tesla vehicles requires drivers to keep their hands on the wheel. If the driver removes his or her hands from the wheel, sounds and visual alerts are enacted. On the day of the accident, the alerts sounded and flashed several times before the driver died. However, drivers don’t always heed the alerts.

The attorneys for the driver’s family claim that the Autopilot feature was defective and played a role in his death. Even though Tesla has refused to make further statements about how many times the alarms sounded that day, the Autopilot system is supposed to disengage after a certain number of alerts.

The National Transportation and Safety Board (NTSB) is investigating two other cases of Tesla crashes. In May 2016, a Florida man died in a high-speed crash when relying too much on the Tesla Autopilot system. In August 2017, an owner lost control of his Tesla due to a battery fire and crashed into his garage.

The NTSB has recommended that automakers who install semi-autonomous systems enact other measures to ensure that the system is not used. GM uses a camera system to track when a driver is looking forward. Only then will the semi-autonomous system work.

What Does This Have to Do with Product Liability Law in Florida?

The big question here is whether or not Tesla has a defective product in their vehicles with Autopilot. Here are the forms of product liability cases related to vehicles in Florida.

Defective Design

If the vehicle design presents a hazard to you, you may be able to hold the manufacturer liable for injuries. A skilled attorney will know whether the vehicle design played a role in your injury.

Defective Manufacturing

If a part was damaged during the manufacturing process, it could present an unreasonable hazard.

Failure to Warn

In these cases, the vehicle manufacturer knew about the risks but failed to properly warn the consumer of them.

Do these apply to Autopilot? It’s probably going to depend a lot on the specific circumstances of each crash. Which is why if you’re injured, you need to…

Talk to a Florida Injury Lawyer Immediately

If you have been injured in a car crash and you believe it was due to a vehicle defect, you need the help of a knowledgeable Florida personal injury attorney. Someone with years of experience who will fight hard against the auto manufacturers and insurance companies on your behalf. Call today for your free case review.

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Stronger Distracted Driving Laws? Nope, Says Florida Senate

March 28, 2018

by South Florida Injury Law Firm Auto Accidents Distracted Driving

Recent legislation passed by the Florida House would have cracked down on distracted driving, but the Senate refused to even hear the bill.

Bill HB 33 was passed by the Florida House of Representatives 112-2, and Governor Rick Scott even gave it his blessing, meaning the bill likely would have been signed into law if passed by the Senate. However, Florida Senate President Joe Negron refused to hear the bill, effectively killing it.

Currently, texting while driving is only a secondary offense. This means that drivers can only be ticketed if pulled over for another offense. Furthermore, the fine for distracted driving is only $20 – not much motivation to put cell phones away and focus on the road.

Why is this such a big deal? Because distracted driving is extremely hazardous. It significantly slows a driver’s reaction time, meaning that a distracted driver has much less time to perceive hazards and react to avoid an accident. In fact, some studies suggest that distracted driving is just as dangerous as drunk driving.

There are many ways that drivers distract themselves while on the road, but these days the most common driver distraction is cell phone use, particularly texting or other means of written communication.

Using Smartphones While Driving: A Deadly Combination

Florida is the second-worst state in the nation for distracted driving, with over 50,000 distracted driving accidents annually – that’s more than five crashes every hour. Distracted driving crashes are often very serious, with over 3,500 serious injuries and 233 deaths occurring annually due to distracted driving.

In fact, these statistics may be an underestimate. According to Florida Highway Patrol Sgt. Mark Wysocky, people are unlikely to volunteer the fact that they were distracted prior to a crash. This means that many more crashes than officially recorded could involve distracted driving.

There are three categories of driver distraction:

Visual: Taking your eyes off the road
Manual: Taking your hands off of the steering wheel
Cognitive: Thinking about things other than driving

Using cell phones and texting while driving requires all three categories of distraction, making texting and driving one of the most dangerous types of distracted driving.

This is why most states have outlawed texting or other means of written communication (such as email and social media) while driving and passed legislation to make it a primary offense.

This means that police are able to stop and cite drivers who use handheld cell phones while driving even if they are not engaged in any other improper driving behaviors. In some states, such as New York, it’s even an offense to talk on a cell phone while driving.

Florida is on the opposite end of that spectrum. We are one of only four states that has not yet made texting while driving a primary offense.

HB 33 would have changed this, finally giving law enforcement the ability to pull drivers over for texting on their cell phones while driving without the requirement that they were disobeying any other laws. Unfortunately, the blockage of Bill HB 33 means that this is unlikely to change anytime soon.

What does this mean for Florida drivers? The bottom line is that law enforcement has little power to stop distracted driving here – police are hamstrung to prevent this dangerous behavior by the law itself. In fact, the only way to hold distracted drivers accountable if you are injured by their negligence is to file a personal injury auto accident claim.

Personal Injury Claims for Distracted Driving in Florida

If you are injured in a car accident that was not your fault and believe that the other driver may have been using a handheld cell phone at the time of the crash, take action by filing a personal injury claim. This will help to address financial concerns arising from the accident and injury, and will also hold the other driver accountable for his or her negligence.

To win, your personal injury attorney will need to present evidence proving the required elements of a negligent injury case. These include the fact that the other driver had a duty to drive safely, that they breached this duty, that you were injured because of this breach, and that your injuries have caused you financial damages.

Our experienced Florida injury lawyers can review your situation and help you determine if you have a viable case. Succeed in your lawsuit and you will win well-deserved compensation for you and your family, while also holding the distracted driver accountable, hopefully discouraging them from making the same mistake in the future.

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Venus Williams’ Crash Case Gets Underway in Florida

December 2, 2017

by South Florida Injury Law Firm Auto Accidents Wrongful Death

Several months ago, we informed you about a wrongful death lawsuit filed against tennis superstar Venus Williams. New developments in the case have caused more questions about who is at fault. If you have filed a personal injury or wrongful death lawsuit, you can learn some important lessons from this case.

In early June, initial reports indicated that Williams had run a red light, and a car driven by Linda Barson crashed into Williams’ car when it entered the intersection. Barson suffered several fractures and her husband Jerome Barson suffered injuries that led to his death two weeks later.

The Barson family’s attorney accused Williams of “running a red light, failing to yield the right-of way, inattentive driving and negligent operation of a motor vehicle.” The attorney also said that Linda Barson is “physically and emotionally devastated.”

Police Provide New Evidence

New evidence has come to light that state Williams was driving lawfully throughout the incident. In a recent deposition hearing, newly released police video showed that Williams did not violate traffic laws when she entered the intersection on June 9. Originally, police said that Williams violated Barson’s right of way, but now they are investigating who is at fault for the accident.

The new report shows that Williams entered the intersection on a green light and slowed as the car in front of her turned left. She was inside the intersection when Barson’s light turned green. Barson entered the intersection at about 25 mph and crashed into Williams’ vehicle, which had slowed to about 5 mph.

In the new statement, police say a Nissan Altima cut Williams off while she was traveling north in the intersection. She had to stop moving forward to avoid a collision with the Altima, then she lawfully moved forward after the Altima passed. Police are looking for the Altima driver as part of their investigation. Williams has not been cited or charged by the police.

The Barson family’s attorney stated that the police video still shows that Williams violated the Barsons’ right of way and should still be held responsible for the accident. The attorney also said that witness reports show the Barsons lawfully entered the intersection on a green light.

Proving Liability in Florida Car Crashes

Many accidents have clear-cut cases of liability. Others, like the Barson vs. Williams case, depend on the legal expertise of a knowledgeable Florida personal injury attorney to understand the intricacies of the law.

Since the police are now saying that Williams was acting legally, the Barson family attorney must take a different approach to proving Williams is at fault. Here are some tactics that he may use:

Use the police report in a settlement.

Police records are not admissible in court, but they can be very helpful in negotiating settlements. The police report can be used to determine fault. If the investigation does find that Williams is at fault or partially at fault for the crash, the settlement can be negotiated out of court.

Use witness accounts to strengthen the argument.

The attorney will likely rely heavily on witness accounts to support Barson’s claim. If witnesses testify that Barson lawfully entered the intersection and that Williams’ vehicle obstructed her right of way, the claim against Williams will be strengthened. If the police can call the Altima driver in as a witness, it may strengthen the case against Williams.

Defend client testimony.

If Linda Barson still insists that she did not see Williams’ vehicle when she entered the intersection, her attorney will work to defend her testimony in the case against Williams.

Stand on the Wrongful Death Act.

The Wrongful Death Act states that Barson can file a lawsuit against Williams because she believes Jerome Barson’s death can be attributed to “wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.” If Barson wins the case, she can recoup costs for medical and funeral expenses, pain and suffering, and loss of support and services.

Lessons to Learn from this Case

If you are involved in a car crash lawsuit, it’s important to know what Florida law requires for car accidents:

Stop at the accident scene.
Call for help for anyone who is injured.
Report the accident to a local law enforcement agency.
If your vehicle is blocking traffic, move it or call a tow truck to move it for you.

Another lesson is that a skilled attorney’s help is crucial if new evidence calls liability into question. If you need legal assistance, schedule a free consultation today.

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Labor Day Accident? Experts Predicted an Increase This Year

September 14, 2017

by South Florida Injury Law Firm Auto Accidents Texting & Driving

Holiday weekends are great. Having that extra day off from work and school means you can plan a last-minute vacation or road trip. Labor Day is an especially good time to get away, too, because the weather is usually perfect as summer comes to an end.

The problem with three-day weekends, however, is that everyone seems to want to take advantage of them, which means that more people are going to be on Florida roads trying to get to and from their destinations.

With so many people on the road, car accidents are bound to happen.

Labor Day Car Accident Statistics

This year, Labor Day began at 6:00 p.m., Friday, September 1, and ended at 11:59 p.m., Monday, September 4.

The National Safety Council (NSC) estimated that this Labor Day weekend would bring 421 deaths and 48,400 serious injuries from car crashes nationwide. This estimate was the highest the NSC has predicted since 2008, and 11 percent higher than the 378 deaths estimated for the past six years. In addition to the number of Labor Day deaths, the NSC predicted 400 fatalities over the Memorial Day holiday weekend at the beginning of the summer.

While these numbers might seem extreme, the NSC’s predictions almost always fall within a 90 percent confidence interval. For example, in 2014 the NSC estimated there would be 395 car crash fatalities. That year, there were only 362 actual fatalities.

Labor Day brings an end to what the NSC and AAA have deemed “the 100 deadliest days of driving.”

While it’s still too early to determine the actual number of car accident fatalities and injuries, we do know that South Florida experienced its share of fatal car crashes this Labor Day weekend:

One person was killed driving north on I-95 near State Road 84 when a car burst into flames following a three-vehicle collision.
Another person was killed when a driver lost control of their vehicle on Miramar Parkway attempting to get on the I-75 ramp while fleeing from the police. Three teens were able to escape the vehicle after it ended up in a pond, but the driver was unable to make it out.

How Can I Stay Safe During Holiday Weekends?

When more cars are around, it’s important to make sure you are following these safe-driving tips:

Wear your seatbelt. When seatbelts are used properly, they are 45 percent effective at preventing fatalities to people in the front seats of a vehicle. With this information, the NSC predicted that seatbelts could have saved 170 lives this Labor Day weekend, and if everyone wore a seatbelt, 104 additional lives could have been saved.
Don’t drink and drive. Labor Day and other holiday weekends are often filled with celebrations that tend to involve alcohol. If you plan on drinking, make sure you have an alternate way to get home – sober friend, cab, ride-sharing service, etc. – instead of getting behind the wheel.

Don’t text and drive. Texting is one of the most dangerous distracted driving behaviors because it involves you taking your eyes off the road, taking your hands off the wheel, and thinking about something other than driving. When you’re on the road, you should only have one focus: driving.

Although it’s necessary to practice these safe-driving tips, sometimes you can’t avoid a car accident. If you or a loved one were injured in a car crash this Labor Day weekend, reach out to an experienced Florida car accident attorney who can determine if you’re entitled to receive compensation for the injuries you sustained.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Tampa Crash Kills 3 – What Caused It?

August 24, 2017

by South Florida Injury Law Firm Auto Accidents

Car accidents happen all too often on Florida roads.

So far this year, according to the Florida Department of Highway Safety and Motor Vehicles, there have been 232,218 total crashes with 96,332 crashes causing injuries and 1,634 causing fatalities.

One of those fatal crashes that happened in Tampa on August 10 resulted in three deaths – two adults and one child – and many questions as to what caused the crash.

Details of the Tampa Crash

According to the Tampa Police Department, a 29-year-old woman from Brandon was driving eastbound on the Lee Roy Selmon Expressway when she lost control of her Kia and collided with a Hyundai. The crash then sent the Hyundai through the median of the expressway into the westbound lanes where both a Jeep and an Infiniti SUV struck it before being engulfed in flames.

The crash closed the expressway for 10 hours.

Amber Perera, the driver of the Kia, left the scene of the crash without stopping to give aid. She was later picked up and held at the Hillsborough County jail without bail on three counts of DUI manslaughter, DUI with serious bodily injury, and leaving the scene of a crash involving death and destruction of evidence.

Although Perera is being held on suspicion of driving under the influence, her family insists the crash wasn’t caused by drugs or alcohol but by a seizure. Her arrest report doesn’t mention a seizure, but Perera did admit to using Lexapro and Ativan. Both prescription medications are commonly used to treat anxiety, and Ativan is also used to control seizures.

Here is where the story gets stranger: when Perera was arrested 2.5 miles away from the crash site, she was slurring her words and, during a field sobriety test, showed signs of being impaired. She took a blood test at the hospital but, somehow, she was able to obtain the blood vials and hide them in her underwear – hence the destruction of evidence charge.

A second blood sample was then taken and investigators are waiting for the results.

Based on the details of this tragic story, who or what can be blamed for causing the accident?

Negligence and Car Accident Liability

If the family of the victims who died or the individuals who were injured in the crash want to hold someone responsible for the car accident, they will need to prove that another party acted negligently and that the negligence caused the deaths or injuries.

After learning about the circumstances of this particular car accident, we might be quick to say that Perera, as the driver of the Kia that initially caused the accident, is liable for the injuries and deaths that occurred due to the crash.

How was Perera negligent, though?

As of right now, it is unknown if Perera was driving recklessly, but if she drove her vehicle with willful or wanton disregard for the safety of persons or property, then she could be liable for the accident.

If her blood test comes back confirming she was under the influence of alcohol, then her negligence in getting behind the wheel can also hold her responsible for the accident.

However, what about the prescription drugs she admitted to taking? If she didn’t have alcohol in her system and only had prescription drugs, then the drugs and their side effects and warnings will have to be examined to determine if she should or should not have been operating a motor vehicle.

What about the road itself? The expressway didn’t have any guardrails on that particular section of the road. A number of witnesses questioned whether having guardrails there would have prevented the Hyundai from crossing over the median, thus saving people’s lives.

A spokesperson for the Tampa Hillsborough Expressway Authority says that guardrails can also cause vehicles to bounce off the rail and “ricochet back into traffic like a pinball, which can also be dangerous.” In the last four years, there has only been one other crash where a car crossed the expressway’s median.

The investigation into this accident is still ongoing, and, as more details emerge, it might be easier to determine the specific cause of the crash and who might be held liable for damages to the victims and their families.

If you were injured in a car accident that occurred as a result of someone else’s negligence, reach out to an experienced Florida car accident attorney. A knowledgeable attorney will be able to listen to the details of your case and determine the best way to proceed to get you the compensation you deserve.

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Police Blame Venus Williams for Fatal Car Crash: What Comes Next?

July 12, 2017

by South Florida Injury Law Firm Auto Accidents Wrongful Death

Every year, thousands of people die in car accidents. In 2015, there were 35,092 fatalities due to car crashes and 2,939 of them – just over eight percent – occurred right here in Florida.

At the beginning of June, tennis star and Palm Beach Gardens resident Venus Williams was involved in a car crash that injured 78-year-old Jerome Barson, who died two weeks later.

Williams, who was driving a 2010 Toyota Sequoia, supposedly ran a red light when the victim’s wife, Linda Barson, driving a 2016 Hyundai Accent, crashed into the side of Williams’ car. Williams, who was only going about 5 mph, claims that she entered the six-lane intersection on a green light, but due to traffic ended up stuck halfway through when the light changed.

Barson says when her light turned green, she started to enter the intersection and was unable to stop in time upon seeing Williams’ vehicle. Williams alleges that she did not see the Barson’s car.

Williams was not injured and Linda Barson suffered “several fractures to her right arm and hand.” Jerome Barson, who was in the passenger seat, suffered a “fractured spine and numerous internal injuries,” which eventually led to his death on June 22.

The police report says Williams was at fault for the accident, and the Barson family has already filed a wrongful death lawsuit against Williams. The lawyer for the Barson family accuses Williams of “running a red light, failing to yield the right-of way, inattentive driving and negligent operation of a motor vehicle” and also says that Linda is “physically and emotionally devastated.”

At a press conference after her first-round win at Wimbledon, Williams was in tears when asked about the fatal crash and said, “There are really no words to describe, like, how devastating and ― yeah. I’m completely speechless.”

This accident is truly tragic for everyone involved, but the circumstances of the crash can help us to look at what’s necessary for an injury or wrongful death claim. Let’s explore that now.

Filing a Car Accident Claim

Florida follows a no-fault system when it comes to car accidents. That means if you’re involved in a crash, your insurance company will pay for your medical expenses and any lost income (up to a certain amount) – regardless of who was at fault.

The no-fault system, however, doesn’t apply if someone was seriously injured in the accident. A serious injury means someone suffered disfigurement, permanent injury, or significant and permanent scarring.

So if Jerome Barson had lived and met this serious injury threshold, he would have been able to file an injury claim against Venus Williams. Because Barson died, though, his family is now able to sue for wrongful death.

Under Florida’s Wrongful Death Act, certain family members of the deceased person can sue the person they believe is responsible for their loved one’s death due to “wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.”

Specifically, children, parents, and the spouse of the deceased are able to file a wrongful death suit, and they can claim damages such as:

Lost support and services
Funeral and medical expenses
The surviving spouse may claim loss of companionship and protection as well as mental pain and suffering from the date of injury
Minor children, and any children if there is no spouse, can claim lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury
Parents can claim pain and suffering

Proving Fault in a Car Accident Claim

Whether you’re filing an injury claim or a wrongful death claim due to a car accident, proving the other person was at fault will be crucial to your case.

A police report will be especially important because not only does the report provide a detailed account of the accident, it also contains the police officer’s unbiased opinion on the cause of the accident.

Although the investigation is still ongoing, the police report says that Williams was at fault for the accident for failing to yield the right of way. She was not under the influence and also wasn’t cited or charged, but the report still says the accident was her fault. For this reason, the police report will be an essential piece of evidence in trying to show that Williams was liable for Barson’s death.

Florida’s own traffic laws and the type of accident – rear-end collisions and left-turn accidents, in particular – can also help the claimant’s case.

Regardless of your situation, if you or a loved one was injured or died as a result of a car accident, you should contact an experienced Florida car accident attorney to determine if you have a claim and if you can seek damages for your pain and suffering.

About the Author:

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