Florida
Car Accident Lawyer Blog

Florida has an abundance of wildlife, and each year animals cause traffic accidents that lead to serious personal injuries and even fatalities. Small animals can run out into the road, causing accidents when drivers swerve to avoid the animals. Larger animals, such as deer, can cause serious damage to a car and can cause a serious car accident leading to spinal cord injuries, brain injuries, and other potentially life-altering injuries.

Experts recommend that drivers:

1) Exercise added caution at night. Deer move around most at night and in the hours before sunrise and sunset. Unfortunately, the dark also reduces driver visibility. If you are driving near wooded areas of fields at night, put on your high beams and proceed with caution. Scan the sides of the road for deer that may be ready to leap onto the road and slow down so that you can stop in time if a deer does jump out unexpectedly.

2) Be wary when you see a deer. When you see one deer, chances are that there are other deer nearby. Deer tend to group together. At the first sign of deer, slow down and keep on the lookout for more deer.

3) Understand deer. Deer are most active in the fall, which is rutting season as well as hunting season. While you need to be extra-cautious during the autumn, however, deer can and do cause accidents year-round. Keep in mind, too, that deer are blinded and become disoriented by headlights. A deer will often not move just because it sees your car and lights. Do not assume that deer will move out of the way of your vehicle.

4) Know your route. Some stretches of highway and roads are especially known to have a high incidence of deer-related car accidents and tend to have more deer sightings. Find out which areas in your vicinity have high numbers of deer and use extra caution when driving these routes.

5) If you cannot avoid a car accident because of a deer, apply your brakes and brace for the impact. Avoid swerving your car, as you are likely to cause a more serious accident by entering an oncoming lane of by leaving the road. Many car collisions with deer cause damage to the front of a car. After an accident, leave the car and inspect your vehicle to see whether your radiator or motor is damaged. Avoid getting out of your car if the deer is unconscious – an injured deer may attack you. Contact your insurance company and find out whether you need to file a police report. Call the local wildlife service about the deer. Get checked out by a doctor as soon as possible to document and treat any possible injuries you may have sustained.

Some experts worry that the push for fuel efficiency in cars is creating lighter, smaller vehicles that fare less well in car accidents and expose drivers and passengers to greater risks of fatalities and serious personal injury. The Insurance Institute for Highway Safety (IIHS) has released a report that states that smaller cars in head-on collisions increase the risk of injuries for occupants.

The IIHS has found that fatality rates in smaller cars are twice as high as the rates in larger cars in multi-car crashes. In 2007 alone, 11 million people died in single-car vehicle accidents in sedans. That same year, 35 million people died in single-car accidents in the so-called “minicars” – cars designed to be fuel efficient and therefore smaller.

IIHS examined and compared only mid-sized sedans and mini cars with excellent safety records -- the Smart Fortwo, the Honda Fit, and the Toyota Yaris. The Fortwo, Yaris, and Fit did not perform well in collisions with the mid-sized sedans and fares considerably worse in collisions than the larger cars. The results have led many experts to conclude that even the best-designed mini cars do not fare as well in collisions as even poorly designer medium-sized vehicles.

Much of the explanation may come down to physics. In a car crash, acceleration and size affect the force of the impact. In a smaller car, some claim, the smaller distance between the front of the car and the driver can mean more injuries to the torso and legs as well. Also, the smaller size of a mini car affects how much speed needs to be absorbed during the car crash. The IIHS tests found that the forces that impact the occupants of mini cars are much greater than the forces that act on passengers in medium-sized cars. In other words, the mini vehicles crush more and the occupants in these cars are more likely to sustain injuries.

In one IIHS crash test, the Fortwo and C-Class were compared, for example. The Fortwo made impact with the larger C-Class and veered 450 degrees. By the time the 450 degrees had come to a complete stop, both the steering wheel and the instrument panel were displaced right through the cockpit. The C-Class saw less damage and its gears did not displace into the passenger section of the car.

Advocates of mini cars note hat the IIHS tests are far ore rigorous than the safety standards outlined as necessary by the government. The Smart Fortwo does meet all standards required by the government and even the IIHS offered the car high marks for side-crash and front-crash safety among mini cars. According to the IIHS, the Honda Fit is the safest minicar tested. Even with that car, however, when the IIHS tested for impact with a larger car, the dummy in the fit made contact with the steering wheel through the air bag -- indicating a risk of brain injury -- and the IIHS concluded there was a “high risk” of leg injury in some crashes. All makers of minicars pointed out that the IIHS tests included tests for “extreme” conditions that simply do not often happen on the road. According to Toyota, the severity of the IIHS crash happens less than 0.06% of the time in frontal crashes.

Each year, Forbes releases a list of “safest cars” of the year. To compile the list, experts look at rollover data and crash test information released by the National Highway Traffic Safety Administration (NHTSA) and the Insurance Institute of Highway Safety (IIHS). Forbes offers points to each car based on how well they fare in these tests and then examine the head injuries, leg injuries, and other personal injuries that crash dummies in these cars experience. Forbes also considers the Consumer Reports' crash tests.

This year, a number of brands have fared well on the Forbes “safest” list. These manufacturers include Acura, Volvo, Honda and Subaru. Some of the cars on the list offer special safety and collision-avoidance technologies such as collision mitigation and lane departure warning systems. The Subaru Forester even has a seat-position sensor that warns the driver if he or she is too close to the air bag for safety. However, many experts are divided as to how much of an impact such systems really have.

Most experts do agree, however, that simple design choices often have a big impact on car safety. Cars like the Saab 9-3 have head protection in the form of head restraints. In a rear-end car collision, they prevent the neck and head from snapping backwards. This can help prevent brain injuries and other serious injuries.

Most cars that top the safety list also offer side-crash protection. The GMC Acadia, for example, offers full-length side airbags. Honda's 2009 RDX SUV has crumple zones that absorb impact on the front and the rear of the vehicle. The car also comes equipped with side-impact door beams to offer additional protection to passengers in a crash.

One thing that is noticeable about the list is that larger cars are tops on the list. While some smaller cars do make it on the list, when it comes to safety, size seems to count. The Forbes list includes many SUVs and a number of medium-sized cars. The director of vehicle testing at Edmunds.com isn’t surprised by this. As he points out, a larger car offers more between the occupants and the road, which means greater safety.

However, in addition to releasing a list of the safest cars of the year, Forbes has also released its list of most dangerous cars in a collision. Using the same data, they found the cars most likely to cause serious injuries and fatalities in a crash. The cars with the lowest scores were the Chevrolet Trailblazer SUV, the Kia Rio sedan and the Ford Ranger pickup truck. The “worst” list features an array of trucks, SUVs, and small cars, proving that size doesn’t automatically mean safety.

According to the National Highway Traffic Safety Administration (NHTSA), more than 8000 car accidents annually are caused by tire failure. Part of the problem, experts claim, is that while drivers check fluids and get their car tuned up, they can sometimes be cavalier about the state of their tires. Product liability may also be an issue -- the Occupational Safety and Health Administration (OSHA) claims that some tire manufacturers are not warning customers of known product problems.

One thing that customers can do is to learn about tire manufacturers and their products. Regular media updates about known tire problems can be very useful. For example, NHTSA received nearly 200 complaints in 2000 about Firestone tires and began investing. There were allegations that tire failure had caused 21 fatalities because the rubber on the tires came off the casing. Customers who know the risks of their brand can make more informed decisions about which tires to buy.

Another thing to be aware of are warning signs that most tire manufacturers are obliged to place on their tires. These can tell you which dangers are most common with a specific brand. Some of the more common tire failures, for example, include blowouts and sidewall failures. Sidewall failures occur when poor design and manufacturing lead to a sidewall exploding. Blowouts can occur if a tire becomes too worn before it is deflated.

Finally, drivers can ensure that tires are correctly maintained and in good shape. This not only helps to improve safety, but also keeps fuel efficiency high. One of the simplest types of maintenance that drivers can perform is to check tire pressure. According to the NHSTA, at least 10,000 personal injuries could be avoided each year if every driver checked their air pressure regularly. Another simple thing drivers can do to keep their tires safe is to have their tires correctly rotated. This should be done twice a year.

Drivers who regularly drive from Florida to areas where there is snow should invest in all-season tires or should have winter tires put on their cars. Driving without winter tires in snow and ice can mean skids and collisions. Even if a driver lives in Florida year-round, ensuring that tires are not worn is important. Treads offer good “grip” on the road. When the treads get worn down, slips and collisions are possible even in a simple rain shower.

If car accidents in your own car are frightening and difficult, just imagine how unnerving a car accident in a rental car might be. What if someone suffers a brain injury, spinal cord injury or other serious injury? Will the car rental agency hold you liable for damages? While it is normal to have these worries, there are several things that drivers can do to ensure that they stay safe and secure in rental cars.

Insurance is one of the most important decisions you will make when renting a car. While it can be confusing, there are a few simple steps you can take to make sure you are covered. First, check your credit cards and your existing personal and auto insurance coverage. What exactly are you covered for – and not covered for? Be sure to check rental car models and exceptions. Then, contact the car rental agency you plan to use and ask about any policies that would cover what it already not covered by your main insurance policy. You may need to speak to a head office – not all counter agents know the intricacies of the insurance policies offered.

Keep in mind that even if you have insurance coverage, much of the coverage that protects you may be void if you drive recklessly or drink and drive. Use good sense and drive carefully when in your rental car. If you are in a collision, do what you would normally do:

1) Check to make sure that everyone is well and call for emergency help if anyone has suffered an injury. If someone has suffered a brain injury or spinal cord injury, avoid moving that person as you may cause further injury.

2) Exchange names, numbers, contact information, and insurance information with the other driver. Stay at the scene of the accident until help arrives.

3) Start documenting. As soon as you can, take pictures of the accident, car damage, and take down any names, numbers, or information you can. The badge number of the police officer on the scene, the exact time of the collision, the license plate number of the other car – even tiny details can prove important later on. Make sure that you keep all your documentation yourself. If the car rental agency or your insurance provider requires some of your documentation for their own investigation, provide them with a copy of your notes or a copy of your photos but keep a copy for yourself as well just in case your information gets lost.

4) Contact the rental car agency. All car agencies have a 24-hour phone number. You should call the number as soon as possible after the accident to get further details about the procedure you must follow. Not reporting the accident in a timely manner can create problems, so do call.

Spinal cord injuries are a common injury in car accidents. Often, these injuries occur when a person is thrown very violently against a hard surface during a car collision. In many instances, this occurs when a passenger or driver is not wearing a seat belt and is thrown from the vehicle. In some cases, the victim is moved at the accident scene, and this can actually make the spinal cord injury worse. For this reason, it is important to not move an injured person at an accident scene unless absolutely necessary.

A spinal cord injury victim is generally taken to the emergency room via ambulance as quickly as possible. The injured person is placed on a stiff board and has a cervical collar placed around his or her neck. This helps support the body and prevents further movement which can cause further damage. At the hospital, a physician has x-rays and other tests performed to determine the extent of the injuries. Pain management is essential because the patient is often in severe pain.

In the short term, surgeries may be required. A lengthy hospital stay is also usually required, as are medications and more tests. In the initial stage of recovery, the patient may remain in the hospital for some time. In many cases, the patient with a spinal cord injury has severely limited mobility and has major permanent or long-term injuries. Part of the hospital visit is dedicated to helping the patient adjust.

Once the patient is home, he or she often finds that life is much altered. In most cases, the patient is completely immobile or gets around via wheelchair. The home may need to be renovated to allow for wheelchair access. Home nurse services may be needed to help the patient if the patient is bed-ridden. Work may not be possible for months or years. If the patient had a physical job, he or she may not be able to return to work.

In the long term, the patient must adjust to the new way of life. Long-term therapy and treatments might be needed. Physical therapy is often needed to help the patient recover as much mobility as possible. In many cases, long-term pain management is also needed. In addition to the physical toll of a spinal cord injury, a patient often feels angry or depressed after this injury. Substance abuse problems and isolation are frequent problems of patients with spinal cord injuries. Some patients require therapy to work through these issues.

Spinal cord injury patients face many losses and substantial long-term medical bills. Florida laws protect such patients if their injuries are caused by a car accident or someone’s negligence. If someone’s recklessness or negligence has caused a car accident that has left you or a loved with a spinal cord injury or another personal injury, contact a qualified Florida attorney. Without legal help, you may face the majority of medical bills alone.

In Florida, many drivers opt to rent cars. From businessmen needing to travel from company event to trade show to tourists wanting to see the state to residents needing to rent a car while their own car is in the shop, many people in Florida are driving rental cars. Some of these cars are involved in car accidents. If you are driving a rental car and are involved in a car accident, you need to:

1) Help anyone who is injured. Be careful about moving anyone who may have a spinal cord injury or a head injury, as movement can make these injuries worse. Call the paramedics if anyone is in distress.

2) Call the police, if needed, and call your car rental agency as soon as possible after the accident. Each rental agency has its own policy about car accidents and will advise you what to do.

3) Exchnage information with any other drivers involved in the crash and record everything on the scene. Take pictures of the damage, the accident site, and take the names and identifying information of any police officers and emergency personnel on the scene.

4) File an accident report with the local authorities and file a claim with your insurance company and your credit card company. Your own car, health or personal insurance may cover the costs of the accident. The credit card you used to rent the car may also cover you. Ask to find out which company will cover you. If you paid for insurance with the car rental agency, check the fine print to see what your coverage is.

If the accident is quite minor, the car rental agency may tell you to keep driving the same car for the remainder of your rental period. If this is the case, be careful about documenting the exact damage to the car so that you are not held responsible for further damage to the vehicle. If you cannot drive the rental car that was in the accident, some rental agencies may offer you another car for an addition cost.

If you are having trouble dealing with the car rental agency after a car accident, make sure that you take down the names of car rental agency employees you spoke with and when you spoke to each person. That way, if you need to speak to a manager, you can point to specific problems you had. Avoid threatening to never use the rental agency again. This will simply make the company less willing to resolve your issue, since they will know they will never get more business from you. If you cannot resolve your problems, hire a qualified Florida attorney or contact your local Better Business Bureau for help.

Recently, motorcycle enthusiast held rallies in Tallahassee and in other areas of Florida to make a plea for tougher traffic laws in Florida. Many bikers, these motorcycle enthusiasts claim, have been killed in car accidents, but current Florida traffic laws often do not do a good job of going after dangerous drivers. The bikers claim that if traffic laws across the state were strengthened, fewer people would be killed in car accidents involving motorcycles.

Some bikers claim that current state traffic laws are one-sided. While the laws penalize motorcycle riders who cause car accidents, cars who cause accidents with motorcycles are often not penalized. In some cases, car drivers who cause an accident with a motorcycle are given a simple ticket. In some cases, these tickets are only eighty dollars, even in accidents that prove fatal to a motorcyclist.

Many bikers want to see mandatory community service and thousand-dollar fines for car drivers who cause accidents involving motorcycles. Currently, most vehicle drivers who cause such accidents get no demerit points on their license and no additional penalties beyond a minimum ticket. Many bikers want to see minimum penalties raised, especially in accidents causing motorcyclist fatalities.

With a floundering economy, more people are using motorcycles to get around, since these modes of transportation cost less and use up less fuel. However, many bikers note that current state laws put all motorcycle enthusiasts at risk. With more motorcyclists on the road, unsafe laws could mean more accidents, bikers say.

Many motorcyclists believe that it is mainly car drivers who cause accidents between motorcyclists and other vehicles. Bikers point out that driving a motorcycle requires full attention, while car drivers have often been caught texting, talking on cell phones, and engaging in other distracting behaviours behind the wheel. Some motorcycle patrol officers, however, note that there is little that can be done in an accident from a legal standpoint if aggressive driving is not the cause of an accident. If a collision takes place without aggressive or dangerous driving, then the car driver is simply given a traffic ticket.

Part of the problem, of course, is the difference between a car and a motorcycle. Drivers in a car are protected by airbags and by surrounding glass and metal. Motorcyclists are not enclosed, so it is easier for them to sustain serious burn injuries, head injuries, spinal cord injuries, and other personal injuries in the event of a crash. Motorcyclists have no barriers between themselves and the road and are therefore more likely to be thrown in the event of an accident.

Many drivers are in car accidents that are minor enough that no attorney is needed. If you are in a fender bender and there is little property damage and no personal injury, your insurance company will likely be able to help you. However, you will certainly want to contact a qualified attorney if:

*A serious injury has occurred, such as a burn injury, spinal cord injury, brain injury, or other serious problem. If anyone requires hospitalization or needs to take time away from work, you should seek a qualified attorney. If there is a chance that any of the injuries caused by the car accident will cause a permanent disability, you need to seek a good attorney right away.
*There has been a fatality as a result of the accident.
*There are accusations of recklessness or negligence
*Other cars or pedestrians are involved
*The police report filed after the accident is not accurate and suggests that your actions caused the accident.
*The accident took place in a construction area
*You have no insurance or your insurance provider is telling you that you are not covered because an insurance payment was late.
*You have very small liability coverage on your car insurance.
*Your insurance provider engages an attorney to deal with you or suddenly stops taking your calls or answering your questions.

Why do you need to hire an attorney in these cases? Quite simply, all of the above are red flag warning signs that the accident may be causing larger legal issues that may create problems for you. In all of the above cases, it is technically possible that you might be able to sort out the problem without the help of an attorney, but you do not want to involve yourself in a messy legal case so it really is safer to seek legal advice right away.

In addition, there are some circumstances which warrant a consultation with an attorney, although they are probably situations which might require attorney advice rather than intervention:

*You need advice on how much you could reasonably expect to get from a claim.
*You’re not sure if other types of insurance (such as personal coverage or homeowners insurance) apply in a claim.
*You’re not sure if your insurer is really helping you.
*You need help negotiating with an insurance provider.
*You don’t understand your insurance policy or your rights.
*You’re confused by a maze of forms and paperwork and need help making sense of it all.

In all of these cases, an attorney is not an absolute essential, but professional legal advice can certainly make you feel more at ease, can help you protect your interests, and can help ensure that hassles and problems won’t come up.

Automobile accidents are a leading cause of injuries to minors and children. In many cases, preventable measures can help prevent the burn injuries, broken bones, fatalities, brain injuries, and spinal cord injuries that child victims sustain each year due to car crashes. Most experts agree that correct use of car restraints is the single most important thing that drivers can do to ensure that child passengers in a car remain safe. According to a 2005 study by the Motor Accidents Authority of New South Wales, 82% of child-aged victims of car accidents needing hospitalization were not using child restraints correctly at the time of an accident.

Another study conducted by the Monash University Accident Research Centre has found that 70% of child restraints are not used correctly or are not fitted properly. Incorrectly fitted and incorrectly used child safety restraints can render the restraints useless and in some cases can even place the child at additional risk in a car accident. Always read directions on safety restraints carefully and follow manufacturer’s directions to the letter. If you are confused about how to fit or use child safety restraints, call the manufacturer or get advice from the store where you purchased the child restraints.

Also, make sure that you register your child safety restraints after you make your purchase so that you will be contacted immediately if your restraints are recalled for any safety issues. If at all possible, buy new child safety restraints, since previously owned items may have sustained damage or may have been recalled. If you do need to buy a used child safety restraint system, check for any obvious signs of wear and tear and check to make certain that the make and model have not been recalled.

When driving with child passengers, always place the child in the back seat. Airbags and dashboards can cause serious trauma and head injuries to children during an accident. Also, before you drive away, check your car for loose items. Any items on the seats or the floor of your car can become a projectile in an accident and can cause serious injury to a small child. Place all unsecured items in your glove compartment or trunk. Also, activate childproof locks before putting the car in motion.

If you are driving with a small child, provide some form of entertainment in the form of books on tape or games. This will keep the child from playing with locks, distracting the driver, or playing with harnesses and seatbelts. Praise your child passenger if they remain quiet and refrain from getting out of their safety restraints.

While many parents see a car accident as one of their worst nightmares, many children each year are killed or seriously harmed or even killed because they are left alone in a car. It is essentially to never leave your child in a car unattended, even for just a few minutes. Serious accidents can happen to children left alone in a car. Temperatures can rise very rapidly in a car and can easily cause a child to suffer dehydration and heatstroke. Children left alone in a car have also accidentally burned themselves on cigarette lighters and have accidentally put cars into neutral or reverse.

No one wants to be in a car accident. However, if you have been in accident and have sustained serious injuries such as burn injuries or spinal cord injuries or have sustained damage to your car, you will want to make claims to help you cover your costs. The problem is that many people are so focused on injuries or the car repairs they need to make after an accident that they sometimes make mistakes that can cost them their rights to a fair claim. If you are in a car accident, protect yourself and your rights by:

1. Calling authorities. Make sure that you contact medical facilities immediately if there have been any injuries and contact the police right away. The police will need to file a report. Make sure that you note the names of the officers who arrived on the scene. Make sure that you keep copies of any medical tests and information from the hospital as well.

2. Staying at the scene of the accident. Unless there is a medical emergency and you need to be taken to hospital immediately, stay at the scene of the accident so that you can tell authorities your version of events. Even if you do require medical emergency treatment, make sure that you are taken to hospital by authorities, such as ambulance drivers. Do not simply leave the scene of the accident yourself, as this can be misconstrued.

3. Starting to take stock of information right away. Pictures taken with your camera, the names and numbers of witnesses, insurance information, VIN numbers of cars involved in the crash and other information can all become crucial. Take note of everything you can. Get copies of all documentation related to the accident and start keeping a documentation of any injuries you have sustained. Take pictures of your injuries and even start keeping a journal about your medical condition after the accident.

4. Contacting your insurance provider at once. Most insurance companies have 24-hour numbers just in case. If you don’t have the number with you at the time of the crash, call directory assistance. Contacting your insurance provider is part of your responsibility after an accident. Delaying this step can complicate your claims.

5. Contact a Florida attorney with experience in car accident cases. In most cases, personal injury attorneys offer a free initial consultation. It is important for you to understand your rights and to get help negotiating with insurance providers. A qualified attorney can help you with this, so do not delay calling legal help.