Protecting Yourself on Florida Roads-Safety Tips for Motorcyclists

Rash of Recent Motorcycle Deaths in Florida Reminder to Be Safe

by Auto AccidentsMotorcycle Accidents

Rash of Recent Motorcycle Deaths in Florida Reminder to Be Safe

For many, there’s nothing like getting on a motorcycle and hitting the open road. Luckily, here in Florida, we have the kind of weather where you can do that regardless of the time of year.

 

As exhilarating as a motorcycle is, though, it’s important to remember that that they can also be dangerous. Let’s look at three recent motorcycle deaths from the news as a reminder:

 

Jordan Ward, a 25-year old man from Cross City, was killed in a motorcycle accident near Gainesville. His 2005 Suzuki GSXR overturned after Ward lost control of the bike and ended up in a roadway. He was pronounced dead at the scene.

 

Alfredo Castillo, a 22-year old University of South Florida student in Tampa, was killed in a motorcycle accident when a car turned into his path. Even though Castillo braked and turned his motorcycle on its side, he still hit the car and was pronounced dead at the scene.

 

A similar accident also killed 54-year old Hee Soong Lee in Odessa when a van turned into his path. Lee, who was driving his Kawasaki motorcycle, hit the van and later died at the hospital from his injuries.

 

These three deaths, along with the many others not mentioned, should serve as reminders for how important it is to practice motorcycle safety, so let’s go over a few tips for preventing motorcycle accidents.

 

4 Motorcycle Safety Tips

 

  1. Always wear a helmet. If you are properly insured in Florida, you aren’t required to wear a helmet when operating a motorcycle, but you should still do it. Government studies have found that riders not wearing a helmet are 40 percent more likely to suffer a fatal head injury in a crash and are three times more likely to suffer brain injuries than riders who wear helmets. Don’t ride without one.

 

  1. Wear the proper gear. You’re exposed to a number of hazards when driving a motorcycle, but the proper gear can keep you from getting seriously injured in the event of a crash. Leather clothing, gloves, long pants, high boots, and protective eyewear can offer you maximum protection from wind, bugs, debris, and road rash.

 

  1. Take a motorcycle safety course. In order to lawfully operate a motorcycle in Florida, you have to have a motorcycle endorsement on your license or a “motorcycle only” license. The courses offered by the Motorcycle Safety Foundation (MSF) are for both beginning and experienced riders and have been shown to reduce injury and fatality rates.

 

  1. Be a defensive driver. One of the most common complaints about a crash involving a car and a motorcycle is that the driver of the car didn’t see the motorcycle. For this reason, it’s especially important to be on constant alert for potential road hazards while on your motorcycle. Pay attention to other cars pulling out in front of you or quickly changing lanes. Also, make sure you maintain a safe following distance so if something does happen, you have enough time and distance to react appropriately.

 

4 Motorcycle Safety Tips

While it’s important for motorcycle drivers to be safe, it’s also important for other drivers to be aware that they’re sharing the road with motorcyclists. If you’re driving a car on the road, focus on driving, watch out for motorcycles, and don’t forget to check your blind spots.

 

Be safe when you’re on the road, and if you or a loved one has been involved in a motorcycle accident, contact an experienced Florida motorcycle attorney to see if you’re entitled to compensation for your injuries.

 

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.

3 Reasons Car Accident Numbers Are Up in Florida – and Nationally

3 Reasons Car Accident Numbers Are Up in Florida – and Nationally

by Auto Accidents

3 Reasons Car Accident Numbers Are Up in Florida – and Nationally

If you commute to and from work, you may feel like you’re constantly sitting in traffic due to auto accidents. Unfortunately, this isn’t just a feeling – in recent years, car accidents have risen both in Florida and around the country.

 

Last year was the deadliest year on U.S. roads in over a decade, with more than 40,000 dying in automobile crashes – a 6% increase over 2015. In order to put a stop to these accidents, we first have to figure out what is causing the surge in accidents.

 

Why People Are Getting Into More Car Crashes

 

More Distractions – We’ve all seen the PSAs about texting and driving, but distracted driving isn’t just about sending a quick message anymore. Distracted driving may include posting photos on Instagram and Snapchat, checking status updates, or playing games like Pokemon Go. Apps, phone usage, and any sort of distracted driving in general is becoming so dangerous that many speculate it is a bigger threat than driving under the influence.

 

Highway patrol officers in Florida have said that they see distracted drivers every day, and often credit these distractions to the high rate of accidents in the state. Florida is so rife with distracted drivers that we have consistently ranked as one of the most dangerous states to drive in.

 

More People on the Road – When more people are on the road, there is more of a risk for drivers to get in an accident. It’s as simple as that.

 

Why are more people out on the roads? Lots of reasons. Some researchers point to urban sprawl. Others believe that changes in technology and cost are the culprit.

 

Rideshare apps have made it easier than ever for folks to get a ride and skip public transportation. Lower gas prices give families more incentive to drive instead of fly for vacation.

 

Ultimately, every single one of these factors is to blame, because they have led to more drivers, more traffic, and more serious car accidents.

 

Infrastructure Can’t Keep Up With Growing Cities – When traffic increases in a city or district, changes or additions to infrastructure are needed. Case-in-point: Florida desperately needs more lighting, crosswalks, and traffic lights in areas where tens of thousands of cars drive each day. Without them, pedestrians are at a serious risk when the sun goes down.

 

Unfortunately, some of these roads (like U.S. 90 and S.R. 85) have to go through state officials to get the lighting they need, and are facing a deadly delay.

 

The Most Dangerous Season Is Upon Us

 

Boca Raton Auto Accident Attorney

Auto accident rates are already bad, but they are likely to get even worse during the summer months. Kids out of school mean that more drivers will be out on the road, whether they are students cruising around town or families heading out on road trips. Hot weather poses more risks for tire blowouts and other mechanical problems. Holidays like Fourth of July and Labor Day Weekend are notorious for drunk driving.

 

On top of an increased risk of accidents, Florida lawmakers are currently debating the fate of no-fault auto insurance. If there is a time to be extra safe on the road, it’s right now.

 

Of course, you can only control your own actions. If you are injured in an auto accident due to another’s negligence reach out to a Florida personal injury lawyer and make sure you get the compensation you deserve.

 

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.

Boca Man Uses Role in Fatal DUI Accident to Raise Awareness

Boca Man Uses Role in Fatal DUI Accident to Raise Awareness

by Auto AccidentsDUI Accidents

Boca Man Uses Role in Fatal DUI Accident to Raise Awareness

For many people who drive drunk and end up killing someone, the worst part is not the fines they have to pay, the license suspension, or any other criminal penalties. The worst part is the guilt that comes with unintentionally killing another human being. Something like that can irrevocably change a person’s life. What that change means, though, is different for everyone.

 

After killing an unborn child and a mother in a drunk driving accident, William Altier is determined to make his own change a positive one.

 

Boca Man Speaks About Vehicular Homicide Conviction to Prevent Future DUI Accidents

 

In 2003, Altier was speeding and driving under the influence of alcohol when he crashed head-on into a sedan. Marie Fabiano, 23, was driving the car. The auto accident killed both her and her unborn child.

 

Altier’s blood alcohol content was .10. He claimed to have had a vodka on the rocks and some of his girlfriend’s martini.

 

He was the first person in Palm Beach County to be charged with vehicular homicide in the death of a fetus. In a plea agreement, he also pleaded guilty to DUI manslaughter and DUI causing serious bodily injury.

 

These charges are some of the most serious crimes in Florida’s book. Still, the agreement saved him many years behind bars. He only spent five years in prison for his cooperation and guilty plea.

 

Altier is currently serving a 10-year probation sentence, and has permanently lost his driver’s license, but he is determined to use his time outside of prison for good. The 37-year old currently visits schools and driver’s education programs throughout the state to talk about his experience. He brings his prison ID to his speeches to communicate the reality of DUI accidents.

 

While the memory of the crash stays with Altier every day (he claims that a person can never forget the unique smell of airbags), he attests that the crash has changed him for the better.

 

If You Have Been In A DUI Accident

 

If You Have Been In A DUI Accident in South Florida

Altier’s story provides some hope for the future. By learning about the mistakes of others, we can drive safer and prevent future DUI accidents and deaths. At the moment, though, we still have a long way to go before DUI accidents are a thing of the past. Every day, over two dozen people die from drunk driving accidents.

 

What Altier is doing is incredibly admirable, but these accidents can change or end the life of an innocent victim in an instant. Remorse and apologies can’t bring someone back to life, heal injuries, or help to pay the bills, and unfortunately DUI accidents can cost a fortune in medical bills, lost wages, car repairs, and increased insurance.

 

Want a sobering statistic? If each adult in our country took responsibility for the DUI accidents in America, we would all have to pay $800 a year. Of course, that’s not going to happen, but it is possible to receive compensation and justice for another driver’s actions.

 

If you suffered a serious injury due to the accident, you may file a lawsuit against the driver for damages. These damages may include, but are not limited to, the cost of car repairs, medical bills, and other financial losses directly caused by their negligence.

 

If you are looking to take legal action against a drunk driver who caused an accident or serious bodily injury, talk to a Florida personal injury lawyer.

 

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.

Auto Accidents the Leading Cause of Death for Kids in the U.S.

Auto Accidents the Leading Cause of Death for Kids in the U.S.

by Auto AccidentsChild Safety in CarsChildren Injuries & Accidents

Auto Accidents the Leading Cause of Death for Kids in the U.S.

As parents, your number one priority is keeping your children safe, healthy, and happy, and you probably do this in all kinds of ways. You baby proof your home. You have strict rules about staying out after dark. You never let your children get on a bike without a helmet.

 

So then why do so many parents ignore safety where automobiles are concerned?

 

You may have seen the recent story about the car crash out of West Palm Beach. Eight people were injured, including four children. Two of the children were immediately rushed to the hospital for traumatic injuries.

 

When neighbors arrived to the scene, passengers in the car were heard yelling that one of the children was trapped underneath the car. The child had been ejected from the vehicle when it rolled over in the crash. Because they weren’t wearing a safety belt.

 

Do you make sure that your children wear seatbelts? Do you do it every single time they get in a car? Do you use the right booster or car seat for your child? Do you properly wear your seatbelt as well?

 

If you’re enforcing other rules to keep your child safe, but letting them slide when it comes to seat belts and booster seats, you may be ignoring the most important tool in your arsenal – and putting them at the highest amount of risk.

 

You don’t notice stories like the one from Palm Beach so often just because they stand out to you: auto accidents and traffic-related fatalities are the top cause of child fatalities in the country. A lack of proper restraint is a big reason why.

 

Stats on Children and Auto Accidents

 

Boca Raton Auto Accident Lawyers

In 2015, 938 children were killed in traffic-related crashes: 663 of these children were killed as the occupant of a passenger vehicle, 186 children were killed as pedestrians, and 29 children were killed while riding a bike. 2015 was the highest number of child passenger deaths since 2010.

 

Those statistics are just the beginning:

 

  • 1 in 4 unintentional injury child deaths are caused by motor vehicle crashes.
  • 80% of children killed as a passenger were sitting in the rear seat.
  • 32% of children were unrestrained.
  • From 2001 to 2010, around 20% of child passenger deaths were caused by a drunk driver.

 

Thankfully, even though auto accident fatalities in Florida are still on the rise, the rate of children who are killed in auto accidents has been declining since 1975. There is still much work to be done, though, and it starts with you, your children, and your behavior behind the wheel.

 

What You Can Do To Keep Your Kids Safe

 

Car Accident Attorneys in South Florida

Want to prevent your child from becoming a statistic? It’s simple: practice safe driving habits. Don’t drink and drive. Don’t speed or run traffic stops. Keep your eyes on the road, and don’t let your children (or anything, for that matter) distract you when you’re behind the wheel.

 

Set an example for your children. The best way to get them to buckle up in your car and other cars is to buckle up yourself. Seatbelts are not just for kids, and it’s not just for your safety. A whopping 40% of children who drove with unbelted drivers were also not wearing their seatbelts.

 

If your child is under the age of 13, they should be in a booster seat. If you are unsure about which booster or car seat is most appropriate for your child, do some research.

 

While we’re at it, here’s a reminder that not all child deaths in the car happen because of a crash. Never leave your child alone in a closed car. This is particularly important during the summer months when temperatures are at their highest, but even in cooler weather, cars can heat up incredibly fast.

 

Recognize That There Is Always Risk

 

The sad truth is that you can do everything “right” and still get in a car crash. Even the safest drivers cannot control the actions of negligent drivers, whether they are on the road with you or – worse – driving your child.

 

If your child is injured in a crash due to another’s negligence, you owe it to them to seek out compensation for medical, financial, and other related damages and to hold the responsible party accountable for their actions. Not only can this serve to help you and your family to recover during a trying time, it may also help to shine a spotlight on a serious issue and prevent another child from getting hurt in the same way.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney 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.

Can You Sue for Negligence After an Auto Accident

Can You Sue for Negligence After an Auto Accident?

by Auto Accidents

Can You Sue for Negligence After an Auto Accident

Have you ever been in an auto accident due to the sheer stupidity of another driver? We see bad drivers all the time: they don’t use their turn signals, they’re texting, or maybe not even paying attention to stop signs or red lights.

 

It can be extremely frustrating if you get into an accident because of a run-in with one of these people. Especially if you get hurt. Florida’s PIP laws ignore fault, but why should you have to pay when the accident was clearly caused by the other driver? The good news is you can sue a driver for negligence in certain situations.

 

When Can You Sue a Driver for Negligence?

 

Let’s back up a minute. After a car accident, it’s normal to want to take the most aggressive action against another driver. However, a personal injury lawsuit should be your tactic of last resort because it can take a lot of time and effort and may not even end up getting you want you want and need in the end.

 

If your insurance covers the full costs of your accident, use that first. This process is more reliable and will go more quickly than filing a lawsuit. If you get into an accident with an uninsured driver, you have options as well.

 

On top of that, your bodily injury liability (BIL) benefits may cover costs for bodily injury and the resulting damages. Not everyone has BIL benefits, but if you do, now is the time to take advantage of them.

 

What if your insurance doesn’t cover the full extent of the damages you’ve suffered? If your injuries are severe, permanent, or disabling, then it’s time to file that lawsuit.

 

So You Need to Sue

 

Boca Raton Auto Accident Lawyers

If you are suing a driver for negligence, you will need to prove the following:

 

That the driver had a duty to be careful on the road: All drivers must follow the rules of the road and drive with the safety of other passengers in mind.

 

That the driver was not reasonably careful, or was driving negligently: Say, for example, the driver was speeding, or ran a red light. In that case, the driver was clearly not driving carefully, and his or her actions put others at risk.

 

That the driver’s negligence caused your injuries: It’s not enough to say that the driver has a history of driving carelessly, or that the driver ran a red light a few minutes prior to your accident. You and your auto accident lawyer will have to prove that the driver’s carelessness directly caused your accident.

 

That the plaintiff (you) suffered losses or injuries due to the accident: When you go to court, you will have to provide thorough documentation of your hospital bills and other losses that were a direct result of your accident.

 

Understand That the Defendant Will Fight Back

 

Remember the no-fault laws regarding personal injury protection? They go out the window when you sue another driver for negligence.

 

If, for example, a defendant can prove that your behavior contributed to the accident (for example, you weren’t wearing a seatbelt or were using a smartphone app while you were driving), you may not receive full the compensation you asked for. Before you begin to file a lawsuit, make sure you carefully go over the details with a Florida car crash attorney and discuss your options and likely outcomes.

 

Why Are Florida Auto Accident Fatalities on the Rise

Why Are Florida Auto Accident Fatalities on the Rise?

by Auto Accidents

Why Are Florida Auto Accident Fatalities on the Rise

Amidst all of the other big headlines of 2016, here’s one that you may have missed: just looking at the first half of the year, our country saw a 9% increase in fatal auto accidents over the first half of 2015.

 

In the first six months of 2015, around 17,500 died in car crashes. This year, over 19,000 people died over the same period of time.

 

The numbers for Florida are even worse. A lot worse. Compared to the 9% increase in fatal auto accidents in the country as a whole, our state experienced a shocking 43% jump!

 

What’s going on? How do we stop this? What can you do if you have experienced a loss in this way?

 

Why So Many More Fatal Auto Accidents?

 

There’s not just one reason to point to that explains why there has been such a huge increase in fatal car accidents. Some of the factors that may be contributing to the high number of fatalities include:

 

Growing Economy. That’s right. This may not seem like something that would cause an increase in auto accidents, but if you really think about it there’s logic to the idea.’

 

When the economy is growing and unemployment is low, more people are going to be opting for cars instead of public transportation to get to work. Moreover, they’re more likely to do things like drive to the store to go shopping or go on vacations.

 

Crowded Roadways. This one his closely related to the above. More people with money to burn means more people on the road. Add in the fact that gas prices are so low right now and it’s easy to see why people might be more encouraged to get out there and drive. More drivers mean more auto accidents – even if driver behavior itself hasn’t changed. Which it has. Case-in-point…

 

Boca Raton Auto Accident Lawyer

More Technology. Technology is supposed to be a good thing, and certainly there have been recent technological advancements that have made cars safer. However, technology also has a powerful ability to distract.

 

Let’s take texting, for example. On average, sending or reading a text will take your eyes off the road for just under five seconds. That doesn’t sound too bad, but if you’re driving 55 miles per hour, that five seconds will take you a distance equal to a whole football field.

 

Even if you aren’t texting: you may messing around with your GPS, trying to respond to a work email, picking which album you want to listen to, or connecting your passengers’ phones to your car’s new Bluetooth system. All of these behaviors are considered “distracted driving” and put you at a serious risk for an auto accident.

 

Other Forms of Negligence. Technology may be contributing to negligent driving, but it certainly didn’t start the trend. People have all kinds of ways of being negligent behind the wheel that can lead to car crash deaths:

 

  • Drinking and driving. Don’t drink and drive. Just don’t do it.
  • Not buckling up. Your seatbelt may not cause a car accident, but it could be the difference between life and death if you are hit by another driver.
  • Ignoring the speed limit. Speed limits are enforced for a reason, but even driving at the speed limit could be considered negligent. If the weather causes low visibility, the road conditions are bad, or you’re in an area that calls for extra caution, driving at the speed limit may be considered negligence if your speed causes a car accident.
  • Letting your car run down. Worn down tires or other lame parts can cause an accident, even if you are perfectly focused on the road and driving at a safe speed. Give your car a check-up every few months to make sure your vehicle itself is safe.
  • Driving tired. Fatigue can be a distraction in and of itself, and no one wants to fall asleep at the wheel. All too often, though, people push themselves to keep going even though they know they shouldn’t. Stopping at a rest stop or pulling over to take a quick nap are well worth it because they will lower your risk of getting into an accident.

 

Florida Distracted Driving

No one can stop technology from advancing, and the economy is always going to have its ups and downs that will impact auto accident numbers. We can’t change that.

 

What we can do is use, teach, and encourage safe driving practices. One way to do this is to hold responsible parties accountable if you are in an accident – especially if you lose someone.

 

A personal injury or wrongful death lawsuit isn’t about getting paid to make up for what happened to you. It’s about raising awareness and stopping anyone else from suffering like you. It’s about being able to cover your costs so that you and your family can recover and move forward with your lives. It’s about closure.

 

If you think you might have a viable negligence case, reach out to an experienced Florida personal injury attorney today to learn about your options.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year 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.

What Happens If I Get in an Accident With an Uninsured Driver in Florida

What Happens If I Get in an Accident With an Uninsured Driver?

by Auto AccidentsUninsured Drivers

What Happens If I Get in an Accident With an Uninsured Driver in Florida

We all know what we should do in the moments after a car accident. You get out of the car, make sure that everyone is okay, and then talk to the other drivers involved in the accident. You want to exchange a few pieces of information, the most important being your names and insurance information.

 

But what if you ask a driver for his or her insurance information and they don’t have any?

 

Florida’s Laws on Insurance

 

If you are in an auto accident with an uninsured motorist, you may be frustrated, but just know that the other driver is in a worse spot than you. In Florida, anyone who drives a motor vehicle with four or more wheels must have at least $10,000 worth of personal injury protection (PIP) coverage.

 

If you are caught driving without the required insurance, the state of Florida may suspend your license for up to three years. You may also have to pay hundreds of dollars in reinstatement fees. Moreover, without insurance, individuals will have to pay for their medical bills, financial losses, and damages out of pocket.

 

What about you, though? If you are covered and the other driver isn’t, what do you need to do to get the money you need and deserve to cover your damages?

 

Do You Have Uninsured Motorist (UIM) Coverage?

 

Boca Raton Auto Accident Lawyer

Some insurance plans recognize the risk of hitting an uninsured driver, which is why they offer uninsured motorist coverage. This coverage will pay for your losses when another driver cannot due to lack of coverage. Check to see if your plan includes uninsured motorist coverage. If your damages are within the threshold on your plan, you will not need to take further action.

 

This coverage may also apply to damages that an underinsured driver cannot pay through his or her insurance. Just because a driver has the $10,000 in PIP coverage that is required, your problems after a car accident may not be over. We know that hospitals and car repairs are expensive, right? So what if the damages add up to over $10,000? That’s what we’re talking about here.

 

UIM coverage can help with this, but even it has limits. Say, for example, that your car accident has resulted in $30,000 worth of losses and damages, but your UIM coverage threshold is $20,000? How can you get the rest of your damages covered? Or what if you do not have UIM coverage at all?

 

This is when filing a lawsuit may be necessary.

 

Filing a Lawsuit against an Uninsured Driver

 

Without the proper insurance to cover an uninsured driver, you will have to file a lawsuit. The process begins by filing an initial complaint with the civil court. Your initial documents will include the details of your case, the amount of compensation you are seeking, and who you are seeking compensation against.

 

This is why it is so important to gather thorough information about your accident and the other drivers involved. For more information on the steps you should take after getting into a car accident, check out this blog post.

 

West Palm Beach Car Accident Attorney

You may not have to go to trial. Many of these cases can be negotiated in an out of court settlement. If an agreement cannot be made, however, you may have to present your argument to a judge in court. Regardless, driving without insurance is against the law, and is likely to have a big impact in your favor. Even then, though, it’s no guarantee.

 

Be Patient – This May Take Some Time

 

Even if a judge rules in your favor in court, actually getting the money from the other driver may take time. Most likely, the driver does not have insurance because he or she cannot afford it. So it may take some time for you to receive the money that you filed a claim for.

 

This isn’t the only thing that will cause your case to span over a few weeks or months, either. Before you file a claim, you will want to make sure that you have a proper estimate of the losses you face. Many auto accident injuries don’t show up right away, and medical bills may take longer than you expect to process.

 

Filing a claim against an uninsured/underinsured driver, however, should be done in a timely manner to insure that you can get this whole mess over and done with as soon as possible. Ready to talk further about filing a claim? Reach out to an experienced Florida personal injury lawyer as soon as possible.

 

What Happens If I Get Into An Accident Involving An Uber?

What Happens If I Get Into An Accident Involving An Uber?

by Auto AccidentsUber Accidents

What Happens If I Get Into An Accident Involving An Uber?

Uber has quickly become one of the hottest ways to get around town for work, events, or nights out on the town, and more than just customers are happy.

 

The ridesharing company has become a big relief to law enforcement and organizations that want to reduce the rate of drunk driving, because it’s another way for people to go out and have a few drinks and still get home safely.

 

But Uber comes with its own risks. After all, in most cases, your driver is a complete stranger, and they’re not licensed and controlled in the same way that cab drivers are. So what happens if you get into an accident and an Uber is involved?

 

As a Passenger. If an Uber driver is being negligent and causes an accident while you are a passenger, Uber wants to pay for your injuries. After an Uber driver has accepted your ride or has picked you up and is taking you to your destination, insurance companies say that the Uber driver is in Period 2 and 3, which is covered by Uber’s $1 million insurance coverage.

 

This plan has allowed passengers to feel at ease when taking rides from Uber drivers. Uber also offers an additional $1 million in uninsured/underinsured motorist (UIM) coverage that will cover your damages and injuries in the event that the other driver is not insured.

 

So if you’re getting a ride in an Uber, treat the accident like any other car crash and be sure to get the information that you will need in case you have to file a claim or go to court.

 

Florida Uber Auto Accidents

 

As a Driver. If you are in an accident while working as an Uber driver, you probably already know that you’re not an Uber employee. Rather, you work through Uber as an independent contractor. So while Uber may cover most situations, you may be on your own for others.

 

Here’s how that breaks down:

 

  • If you get into an accident while you are driving a passenger, Uber will cover your damages with its $1 million insurance coverage and the $1 million UIM insurance coverage.
  • If you get in an accident while the app is on but you have not physically picked up a passenger yet, that’s where things get a little murky. Uber might cover your personal damages, but may not cover the damages done to your car. This time is called Period 1, and Uber claims to only provide insurance if you cannot maintain the insurance amounts that Uber offers ($50K for personal injury and $25K for property damages). However, there are insurance providers in Florida that offer rideshare-friendly policies that will cover you while you have your Uber app on and no passenger. This is a relief for many rideshare drivers who fear being dropped by insurance companies after mentioning their contract with rideshare apps.
  • If your app is off, Uber will not cover any losses, whether they involve personal injury or damage to your car.

 

Fort Lauderdale Pedetrian Accident Attorney

As a Pedestrian or Passenger of another Vehicle. What if an Uber driver hits you while you are driving in your own car or walking as a pedestrian? Many say that this very situation is what gave birth to Uber’s $1 million insurance coverage policy.

 

In 2014, a 6-year-old girl was killed when she was struck by an Uber waiting to pick up a ride on New Year’s Eve. The suit made national headlines. The rideshare giant tried to distance themselves from the case by arguing that since the Uber had not accepted or picked up a passenger, they were not liable for the injuries of the daughter.

 

But it wasn’t a good look for Uber, and the company announced the rules regarding their insurance policy soon after.

 

So what does this mean for you today? If you in an accident with an Uber driver that has accepted a fare or is driving a passenger, your damages will be covered by Uber’s $1 million insurance policy. Otherwise, you will have to file a claim under the Uber driver’s personal insurance.

 

What about Other Ridesharing Apps?

 

Depending on your location or preferences, you may use a different rideshare app, like Lyft. Each app has different insurance policies and handles accidents and compensation differently. Before you get into a car through a ridesharing app, find out what types of insurance coverage they have for drivers, passengers, and third parties.

 

Uber and other ridesharing apps are still fairly new, so in many ways they are still trying to figure out their insurance policies, frequently making tweaks to see what works best for them. Because of this, if you are in an accident with a rideshare, you want someone on your side who has a clear understanding of Florida personal injury law. Before you do anything, set up a free consultation with a knowledgeable auto accident attorney today.

 

Where Is the Safest Place for Your Child to Sit in a Car

Where Is the Safest Place for Your Child to Sit in a Car?

by Auto AccidentsChild Safety in CarsChildren Injuries & Accidents

Where Is the Safest Place for Your Child to Sit in a Car

When you become a parent, every little decision regarding your child’s safety and development can become a hot debate. We’re not going to tell you how to raise your child, but we do have one piece of advice backed up with statistics from the AAP and NHTSA.

 

When you are driving with your child, the safest place for them to sit is in the rear of the car, behind an unoccupied front seat. That’s a pretty specific location, so let’s break down the reason why they say this is safest place for a child to sit.

 

Why Unoccupied?

If a child is placed behind an occupied front seat, there is an increased risk that the child will be injured (or die) from rear-impact collisions. If a car is driving at 30 miles per hour or faster, an auto accident can force a passenger rearward, causing a rear-impact collision.

 

Since the 1990s, over 900 children have died from these collisions. Sitting behind an unoccupied seat will reduce this risk. If both seats are occupied, then it is suggested that the child sit behind the lighter parent or passenger.

 

Why a Rear Seat?

Whether your child is in a proper safety seat or they’ve outgrown them and can ride in the car without one, it’s best not to keep them in the front seat. Why? Airbags can be dangerous.

 

This may sound silly – or even downright wrong. After all, airbags are designed for our safety in an accident, right?

 

But airbags were not designed for the safety of children. They were designed to keep adults safe.

 

Because of this, the impact and size of airbags can do more harm than good where kids are concerned. Children exposed to airbags are twice as likely to be seriously injured in a crash. On top of that, dangerous chemicals used in airbags can also cause problems if your child’s small lungs breathe them in. And then, of course, you have situations like the one currently going on with the Takata airbags, where a defect is causing problems for people of all ages and sizes.

 

If You Have a Middle Seat

 

Child Auto Safety Florida

You may have to put your child behind a passenger if your car is small and only has space for two seats in the rear row. However, if you have a wider car and there are three spaces for seats, consider putting your child in the middle seat.

 

There is a 43% lower risk of injury when you place your child in the middle seat rather than in a widow seat, and this applies to children of all ages. These statistics, however, only apply when the middle seat has a full 3-point seat belt or the child is in their proper car seat. If this is not the case, it’s best to keep your children in a window seat.

 

If Your Child Requires a Car Seat

 

If Your Child Requires a Car Seat in Florida

It can be frustrating (and expensive) to keep replacing your child’s safety seat as they grow, but it could end up saving their life. Take this time to refresh your memory on the types of safety seats required for children of different ages.

 

  • Infant Car Seats: From your child’s first car ride until the time they are between 40-50 pounds, you will have to use a rear-facing car seat. Infant car seats can only be installed this way, and are often designed with a carrier that buckles into a base that stays in your car. Your child should remain in this seat until the top of their head reaches within an inch of the carrier, or they exceed the carrier’s recommended weight.
  • Convertible and Forward-Facing Seats: At the latest, you should transition your child to a convertible seat when they turn 1. These seats will allow you to keep your child in a rear-facing seat for longer (the age of 2 or 3 is commonly recommended, but weight is always your best guide). If you want to save money, find a convertible seat that allows for a safe install as a front-facing or rear-facing seat. When your kids are big enough, you can turn the seat around.
  • Booster Seat: From the time your child outgrows your forward-facing car seat until the age of 12, you should keep them in a booster seat. This will ensure that they are fitting into a seat belt properly (that the shoulder belt sits on the shoulder rather than across the neck, and that the lap belt fits along the upper thighs instead of the stomach). Once your child can sit on their own wearing a seat belt properly, a booster seat will not be needed.

 

For more detailed information on the recommended safety seats for your child, check out this handy chart.

 

These tips will keep your child as safe as possible during an auto accident, but that doesn’t mean that they will necessarily prevent all injuries. If you do get in an accident and your child is hurt, contact a personal injury lawyer immediately to review the injuries go over your options.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year 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.

The Most Dangerous Time for Drivers Ends with Labor Day

The Most Dangerous Time for Drivers Ends with Labor Day

by Auto AccidentsDUI Accidents

The Most Dangerous Time for Drivers Ends with Labor Day

 

The summer allows us to get out on the beach more, celebrate more long weekends, and just have more fun in general. That fun, however, comes with a lot of risks every year.

 

Do you remember our blog post a few months back about the dangers of Memorial Day? We mentioned that it was the start to the hundred deadliest days for drivers.

 

One of the factors that attributes to the high accident rates during this time are long holiday weekends. There also tend to be more people on vacation, which means both more partying and more driving.

 

Luckily, that time period is now over. Labor Day weekend ended this 100-day period, so auto accidents and injuries should start to decline again.

 

Of course, that doesn’t mean that driving-related dangers simply stop after Labor Day.

 

The Dangers Do Not Stop After Labor Day

 

Fall and winter driving comes with its own set of worries as the weather changes and the sun goes down earlier. Plus, there are plenty of bad driving behaviors that people engage in year-round. Below, we’re going to look at some things that you still need to keep an eye out for as the weather cools.

 

Intoxicated drivers. Even though summer poses the highest risks for DUI accidents, there is still a high rate of intoxicated driving year round. According to MADD, 27 people die every day in America due to drunk driving crashes.

 

That’s right – 27 people each day.

 

And there are hundreds of thousands more people who are injured due to DUI-related accidents. These accidents cause injuries ranging from broken bones to loss of limbs and paralysis. DUI-related crashes also cost the United States over $132 billion each year. That’s $500 for every adult!

 

Moreover, there are still days that pose a high risk of DUI during the fall season. Obviously there are the numerous fall and winter holidays that tend to come with parties and drinking. But even beyond those times, there are others. Friday nights, for example, the night of the local homecoming dance, or the hours after a football game may have more drunk or tipsy drivers out on the road than usual.

 

Bottom line: it’s important to know that DUI is a deadly risk no matter what time of year it is.

 

South Florida DUI Accident Lawyer

Young drivers in concentrated areas. Teenagers and young drivers may not be out on the road as often during the school year, but there’s a tradeoff – they all tend to be on the road all at the same time and in the same location. If you drive anywhere near a school while classes are in session, be on high alert.

 

This is a group that has high rates of distracted driving and less experience behind the wheel. If you have young drivers or students driving to school this fall, be sure to educate them on the risks of texting and driving, as well as other safe driving habits such as staying below the speed limit, not engaging drivers who have road rage, and so on.

 

Distracted driving. Teens are the only ones on the road who can get distracted. It’s probably something we’ve all been guilty of from time to time, but with today’s technology this has continued to become a bigger and bigger problem. If you see someone on the road who clearly isn’t paying attention, stay as far away as possible.

 

As you can see, while the highest risks statistically end with summer, this does not mean you can leave all caution to the wind. Continue your best driving practices, and be sure to teach them to your children as they sit behind the wheel for the first time.

 

If You Do Suffer a Car Accident Injury, Understand the Statute of Limitations

 

If You Do Suffer a Car Accident Injury, Understand the Statute of Limitations in Florida

 

It’s not uncommon for us to put off health and finance matters during the summer time. We may be worried about vacation, taking our children back to school, or maybe the timing just isn’t right.

 

But this can be paralyzing. If you wait a while, you may start to feel like you’ve waited too long. That there’s no point in dealing with it now since you’ve put if off for so long.

 

Don’t fall prey to this defeatist line of thinking. Auto injuries can lead to thousands in medical bills and even more in lost wages if it takes you a while to recover. If you were injured in a car accident this summer due to someone else’s negligence, you may still be able to receive compensation for your injuries.

 

In fact, even if you were injured in a car accident the previous summer, you are still allowed to file a lawsuit in civil court. According to Florida’s personal injury statute of limitations, you have four years after the date of the accident to file a claim until it becomes invalid.

 

While it is important to file your claim early (it is typically harder to gather evidence after a long period of time), it is still legal to do so within that four-year period. This is a common occurrence for victims of an auto accident that did not experience symptoms from that accident until months – or even years – later.

 

Whether your auto accident occurred in winter, spring, summer, or fall, you’re going to need an experienced personal injury lawyer to give you the best chance at winning the compensation you deserve. Get in contact with us today for a free case review.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year 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.