Florida
Car Accident Lawyer Blog

In many accidents, “driver error” is blamed for a collision. Usually, the issue in legal terms revolves around the idea of negligence. In a court case involving a car accident, the defendant may have allegedly done something – or failed to do something – to prevent a car crash. Some of the more common examples of negligence and driver error include:

1) Ignoring traffic signs and devices. Not stopping at a stop sign, light, and not giving the right of way at a yield sign create accidents when the cars with right-of-way hit the car running the light or stop sign. Many such accidents also involve high speeds, because the driver trying to drive straight through sometimes speeds up to “beat” a red light or to squeak through at a stop sign. Many such accidents also cause cars to collide perpendicularly, causing a “T-bone” crash. Because of the speed and position, such crashes often cause serious burn injuries, brain injuries, spinal cord injuries, and even fatalities.

2) Rear-end collisions. These car accidents occur when a car collides with the car in front of them. Sometimes, this occurs because one car stops very suddenly. However, in many cases, the driver who is rear-ending the car in front is considered to be at fault, because such collisions are often preventable if the driver is maintaining a safe distance from the car in front of them and is paying attention to traffic.

3) Dangerous driving. Driving on the wrong side of the road, distracted drivers, dangerous passing, and dangerous turning are frequent causes of car accidents. These are often preventable because it is the driver’s recklessness that has caused the accident.

4) Product defects. In some car accidents, product liability is an issue, especially when there appears to be something mechanically wrong with the vehicle. However, if a driver has failed to ensure that their car is properly maintained and safe, the driver may be held liable for the damages caused.

5) Incorrect use of lights. Cavalier use of turn signals, headlights, signal lights, and brake lights and incorrect maintenance of lights in a car can cause miscommunication on the road, which can lead to accidents.

6) Road rage. Road rage occurs when a driver gets so upset and angry that he or she attempts to harm someone or engages in dangerous or reckless driving.

The first fatal car accident took place in London in 1899. The first fatality occurred when a young man was thrown from the car and died on the scene. Since this first deadly car accident, car manufacturers have spent considerable time and marketing power convincing drivers that their cars are safe. Two of the major safety devices that have been installed in modern cars are the seat belt and the airbag. If you're in a car accident, seat belts and airbags can save your life. However, many drivers are not aware of how these devices work.

Seat belts, which are simple pieces of fabric attached to a belt, are one of the best devices in your car that can help keep you safe in the event of a car accident. Seatbelts first became mandatory in many places in the 1980s, and are thought to save thousands of lives every year. In the event of an accident, a seat belt stops you from leaving your seat and smashing through the windshield or smashing into the dashboard. Even when the car comes to a sudden stop, the seat belt keeps you in place and therefore prevents serious injuries, including spinal cord injuries.

If you weren't wearing a seatbelt, a crash at just 30 miles per hour would throw you forward with the force of 30 to 60 times your body weight. With such force, if you crashed into the steering wheel, dashboard, the seat in front of you, or the windscreen, you'd sustain serious head injuries, cuts, and other serious injuries. With a seatbelts in place, however, the force your body sustains in a car accident is spread across the pelvis and the rib cage, both of which are very strong parts of the body. With the force of the impact spread over these two parts, the force of the impact is not so strong and therefore your risk of personal injuries reduced.

Air bags were originally used on airplanes during World War II. The first airbags began to appear in cars in the 1970s, although they were not widely popular then. Today, all cars have airbags. Airbags are designed to inflate within a fraction of a second of a car crash. They essentially provide a pillow that slows the impact of the head and prevents the head from crashing into the dashboard. They are essential for preventing head injuries.

Airbags are designed to inflate when the car exerts a force that is similar to hitting an object at 10 to 15 mph. When such conditions are met, a sensor in the car activates, causing the airbag to inflate with nitrogen gas. While initially airbags were only used to protect to the driver from hitting his or her head against the steering wheel and dashboard, airbags are now used for passengers as well. Some vehicles are using side impact airbags to protect all passengers in a car.

Of course, in order for these two devices to be effective, they have to be working correctly. In order for seatbelts to work, drivers must wear them each time they are in a vehicle. Airbags should also be checked periodically in older vehicles.

Your health affects a lot more than just your overall well-being. Certain health conditions -- even when they are undetected -- could severely impact your ability to drive. Each year, thousands of people suffer personal injuries or are killed by drivers in poor health who suffer heart attacks or other health incidences while on the road. To prevent this from happening to you, start taking charge of your health. Consider:

1) Getting a yearly check-up. Even if you feel fine, you could have a vitamin deficiency, an illness, or another condition that can affect your driving. A regular physical will help you combat any potential health issues before they affect your driving and your safety on the road.

2) Calling a cab if you feel unwell. Many drivers step into their car even when they don't feel well. However, driving when you have the flu or even when you have a dizzy spell can affect your ability to drive. You could easily lose control of your vehicle, lose consciousness, or even just have a slow response time that land you right in the middle of a car accident. If you don't feel well, get someone to drive you to a doctor, stay home, or take a taxi to your destination. Driving when unwell is dangerous.

3) Checking your medication. Whether you have prescription medication or are taking over-the-counter pills or even vitamins, make sure that you read carefully about drug interactions and possible side effects. If you're not sure, ask your physician or pharmacist. Never drive when taking medications or supplements that make you feel weak, dizzy, or sleepy. If a substance states right on the label that you shouldn't operate heavy machinery when taking the medicine, stay away from the car.

4) Monitoring existing health conditions closely. If you know you have a health condition, make sure that you ask your physician about your ability to drive. Some health conditions can cause symptoms such as dizziness, which can affect your ability to stay safe on the road. If your condition seems to be getting worse, stay off the roads. If your physician tells you to avoid driving while taking certain medication or while getting certain treatments, make sure that you follow your doctor's advice.

5) Checking symptoms immediately. If you have any symptoms that can affect your driving -- such as changes in vision, severe pain, nausea, or anything else -- stay off the roads until you know that your symptoms can be handled effectively. Visit a doctor to manage these symptoms and in order to get appropriate tests. Your symptoms may suddenly get worse while you're on the road, causing a hazard.

Road rage occurs when stressed-out drivers take their feelings out on other drivers and pedestrians, causing altercations or even car accidents. Car accidents caused by road rage have led to fatalities, serious personal injuries, burn injuries, and more. While many of us are stressed out, driving while emotions are running high is never a good idea.

It's not hard to spot a driver in the throes of road rage; hand signals, shouting, swearing, and wild gestures are all typical symptoms. Sometimes, drivers in the grips of road rage will step out of their cars to yell at each other. However, in some cases, drivers have been known to use their cars as weapons in order to harm someone else or have used a weapon from their car in order to take out their rage on a victim.

Psychologists believe that road rage is relatively new, something that has occurred as a result of an increasingly stressful way of life and as a result of our growing reliance on vehicles. Road rage can range from slight aggravation to all-out fury. Even in the best of circumstances, it can affect a driver's judgment and response times. In the worst circumstances, it can cause drivers to react erratically or even to use their cars to wilfully harm someone else.

If you encounter a driver who is driving erratically or who you may believe may be experiencing road rage, it's important not to show emotion or strong annoyance. This can only escalate the other driver’s annoyance and can lead to a dangerous altercation. Try to stay calm and avoid provoking such drivers. If possible, move away from vehicles possibly driven by people in the throes of road rage.

If an angered motorist approaches the front you, don't respond to their actions or words. Make sure that your car and windows are locked and avoid eye contact with the angry driver. Try to alert the authorities as quickly as possible. If an angry driver in is following you, drive to the local police station. Do not drive home, since you do not want the driver to know where you live.

If you find yourself acting enraged in an incident on the road, try to catch yourself and apologize as quickly as possible. Try to soothe over the situation. Avoid contact with any motorists who are enraged as well and strong body language and eye contact can fray tempers. Try to back out of the situation as quickly as possible before it escalates.

According to statistics, 33% of drivers who are unable to pass an eye test have no idea that their vision is in trouble. Researchers have found that most drivers do not keep up with the changes in their eyes, and experts note that this can be significant hazard on the roads. Eye health is not just about your comfort and about your general well-being -- it is an essential component to road safety as well. Poor vision can affect your ability to read road signs and can even influence how quickly you are able to respond to hazards on the road. Some eye disorders can even make it difficult for you to see at night.

If you drive a car, regular eye exams are essential. Not only do these exams ensure that you are safe behind the wheel and have the appropriate lenses and contact lenses for your eye condition, but regular tests can help you detect and treat some serious eye problems, such as cataracts or age-related macular degeneration (AMD). Regular eye exams can also help prevent serious car accidents that lead to burn injuries, broken bones, spinal cord injuries, and other personal injuries.

If you are a driver with relatively good eyesight, you should have an eye exam every two years at minimum. If you wear contacts or glasses, get an eye exam once a year in order to ensure that your vision has not changed. In many cases, vision may change without you becoming aware of it. You may notice some headaches or you may have no symptoms at all that your eyesight has changed enough to make you dangerous behind the wheel.

Keep in mind, too, that not taking care of your eyes if you are driver can have legal consequences. Authorities can pull you over if they think that your eyesight is affecting your ability to drive. If you have been prescribed glasses or contact lenses for vision correction, laws prescribe that you must always wear your corrective lenses when you are driving. If you drive without these corrective lenses, you could face charges and penalties. Legally, you must be able to read a license plate from 20.5 m in good light. If you cannot do this, you may be breaking the law and this can affect your insurance as well as your driving privileges. If you're in a car accident that causes personal injuries and are found to be driving without prescribed corrective lenses, you could face additional penalties and charges as well.

Good vision is especially a concern for elderly drivers. Drivers who are 50 years of age or older are more at risk for certain eye problems -- such as cataracts -- and often find that they have more trouble dealing with glare. Drivers who are elderly may need to have eye tests or eye exams conducted once a year. They may also want to wear sunglasses in order to avoid glare.

However, even young drivers need to worry about their eyesight. Farsightedness nearsightedness can occur at any age and can affect drivers. All drivers, for example, need to worry about glare and blinding sunlight during the day. Sunglasses are a good idea for every driver.

Many drivers the country sustain a car accident sometime during the year. If you are one of these drivers, getting back behind the wheel can be a nerve-racking thing. It is normal to have some apprehension if you've been injured in a car accident or have been part of a particularly bad accident. Car accidents not only leave physical injuries, but emotional ones as well. If you're finding it hard to get back on the road, follow these tips for safe driving after an accident:

1) Get a full check-up from a doctor. Even if you have no obvious injuries, a brain injury or another serious injury can affect your ability to drive after an accident. As soon as possible after your accident, visit your physician and get a full check up. You may have sustained an injury that affects your ability to drive and it is best to determine this up front. Even if you have no injury but are having trouble with the emotional after effects of an accident, a physician can often help you find the support you need.

2) If you have sustained an injury, speak to your physician about driving again. If you have sustained an injury from your car accident, make sure that you don't get back behind the wheel of the car until you're ready. Talk your doctor about resuming driving. If you're taking medication for your injuries, make sure that you discuss with your doctor when you can drive again. Some medication can make you dizzy or less alert, and it can be dangerous to drive when on this type of medication.

3) Take it slow. If you have been in a car accident, it is normal to have mixed feelings about driving again. You may wish to gradually ease back into driving. Consider taking short drives along unfrequented routes, for example, or consider driving with a trusted friend until you get your confidence back. Consider relying on car pooling or a friend to drive you around until you're fully confident behind the wheel. Getting behind the wheel before you’re ready can lead to another accident, especially if you panic when faced with an unexpected event on the road.

4) Get some support if you need it. If you have sustained a serious burn injury or another serious injury, it is normal to have a great deal of apprehension about driving. Even if you've sustained a minor injury or have been in just a minor accident, it is common to feel hesitant about your driving abilities and about the safety of the roads. If you're having trouble dealing with the aftermath of an accident, tell your doctor and get some help from a professional who can help you to talk out your worries.

5) Consider getting some additional training. Getting some race school classes not only makes you more confident on the road, but it can actually help you avoid accidents. Defensive driver training can lower your insurance costs, in some cases, and can help you feel more confident that you will be able to avoid a car accident the next time.

If there is a new teen driver in your family, you may eventually have to deal with your young driver’s first accident. According to statistics, car accidents are the leading cause of death for teenagers across the country. In many cases, the teens in these accidents were behind the wheel or had a young driver behind the wheel. In addition to fatalities, accidents involving young drivers can cause serious burn injuries, broken bones, brain injury, spinal cord injury, and other injuries. Even a small fender-bender can cause a young driver to panic or can cause a teen driver to start feeling uncomfortable behind the wheel.

Before you get that call from your teen, you may want to have a frank discussion with your young driver. Sit them down and explain to them the statistics about car accidents and carefully develop a plan together for avoiding car accidents. Although many teens assume that accidents will not happen to them, you will want to develop a plan with your teen about what they should do if they are in an accident.

Of course, you will want to ensure that your teen is able to avoid a car accident if at all possible. A leading cause of accidents among teenage drivers is distraction, so make sure that your teen knows to avoid too many passengers, loud music, and cell phones while on the road. Make sure your teens get excellent driver education and discourage night time driving, which can be much trickier, especially for new drivers.

Even with the best precautions, your teen driver may still be in an accident. If you get a call that your teen has been in an accident, make sure that you:

1) Get the details of any injuries. If your child is in a hospital, get the name of the hospital and a room number so that you can rush right over. If your teen was simply in a fender bender, find out where the car was.

2) Get your young driver to take control. When talking to your teen on the phone after the accident, have them calm down and ask them to seek help for anyone who is injured. Make certain that your young driver pulls their car off the road to prevent further accidents. Not all new drivers know to do this or think to do this after an accident.

3) Get your young driver to protect themselves legally. Sometimes, other drivers assume that teen drivers are at fault or do not know enough to protect their legal interests after an accident. Make sure that your teen documents the car accident with a camera or cell phone camera and gets contact and insurance information from any other driver involved in the accident. Ensure that your young driver does not make any admissions of guilt – encourage your driver to share only name, contact information, and insurance information.

Continue reading " Coping With Your Young Driver’s First Collision " »

Any car accident can be traumatic and can cause serious injuries, including burn injuries, brain injuries, and spinal cord injuries. A car accident involving a truck, however, is especially serious because the occupants of the car are more likely to suffer serious injury or even fatalities. To make matters more complicated, many trucks are owned by companies, and this makes the legal implications of such an accident somewhat more complicated. Therefore, you will want to take a few extra precautions if your car has been in an accident with a truck:

1) After an accident, if you are safe and able to place a call, contact the authorities. The state patrol or local police are needed to take evidence, help anyone who is injured, talk to witnesses, and file a report.

2) Avoid talking about the accident – and especially about fault – at the scene. You may be dazed and confused after the accident and you may inadvertently claim fault, even if the fault is not yours. Provide just the basic information – name, contact information, and insurance information. If you are detained by authorities at the scene of the accident, ask to speak to an attorney before making a statement of any kind.

3) Get information about the truck. At minimum, get the truck driver’s name, license plate number, insurance information, and contact information. Do not just assume that the police will gather this information and you will be able to retrieve the information. Have the data on hand for your own records.

4) Check for damage and injuries. Take pictures of the damage to your car and surrounding area, as well as any injuries you have suffered. Jot down the time, date, and place of the accident as well as any details you remember. If you need an attorney, this information will be important.

5) Arrange to see your doctor. If you are injured, get the authorities to take you to the hospital immediately or, if you are well enough, drive yourself to the hospital. Make sure that you note the name of the admitting physician and get copies of your file. Even if you have sustained no injuries in the accident, visit your physician as soon as possible after the accident for a full physical. You may have an injury caused by an accident but may not exhibit symptoms for some time. Getting a full check-up ensures that any problems are caught and dealt with quickly. Seeing your doctor also ensures that any possible problems are documented. Waiting to file a claim about an injury can lessen your chances of a successful claim, so get the facts about any possible injuries as quickly as possible.

6) Contact your insurance company – and an attorney. As soon as you safely can after an accident, contact your insurance company so that you can get the claims process started. Also, contact a qualified personal attorney right away. Since trucks are often owned by companies, it is a good idea to consult with an attorney, someone who can represent you if you need to negotiate with a large and powerful company.