Florida
Car Accident Lawyer Blog

If you have been in a car accident that has resulted in a fatality or a personal injury, one of the first calls you should make after your accident is to a qualified Florida personal injury attorney. Many patients and car accident victims hesitate to make this call, incorrectly assuming that attorneys are expensive or unnecessary. In fact, attorneys offer many invaluable services, including:

1) Investigations. Most attorneys work with accident reconstruction experts as well as private investigators. They can examine all the possible contributing factors that lead to an accident. This is often the only accurate way to determine what has caused an accident. Determining accident cause is crucial, as some insurance providers may deny claims in some accidents, alleging that an accident victim caused a collision. If this is inaccurate, an attorney can find evidence to prove the true cause of the accident.

2) Evaluation of injuries. After an accident, filing an insurance claim involves placing a dollar value on the medical costs and income loss of any injury caused by an accident. This process, however, can be very challenging and often involves projecting or estimating reasonable expected costs. For example, a patient who has suffered a burn injury may need to file an insurance claim while still in the hospital. This means that the patient will need to predict the total costs of the medical care, rehabilitation, time away from work, and related costs of the injury. Good Florida personal injury attorneys have extensive experience evaluating injuries and their costs and can help you determine the value of your injuries fairly and accurately.

3) Negotiations. Personal injury attorneys can negotiate with insurance providers on your behalf. This is vital, because without attorney negotiations, insurance providers may try to offer a settlement amount which is well below what your medical costs and recovery costs will be. This can put you in debt or make it difficult for you to get the medical care you need to recover. With an attorney’s help, you will have a much better chance of getting a fair sum promptly.

4) Making safety changes. Even if you have never been in a car accident, you have likely felt the impact personal injury attorneys have on the car industry. When patients driving the same car are injured due to tire defects or other mechanical failures, attorneys pursue the manufacturers and retailers responsible and ensure that changes are made to the safety of the products. Often, legal actions started by attorneys result in unsafe cars being recalled or fixed by manufacturers who are pressured to make changes to improve safety.

5) Protecting your rights. It is easy to lose some of your rights after a car accident. Insurance companies may pressure you to sign agreements stating that an accident was your fault or agreements that lock you into low-ball settlement offers that do not cover your medical expenses. As well, many states have statutes of limitations, requiring you to file certain documents and claims by specific dates. Attorneys can advise you of your rights and options and can ensure that you do not sign away any rights.

6) Offering advice. Good Florida personal injury attorneys have dealt with many people who have sustained serious injuries in car accidents. They can often provide advice about specialists, hospitals, and resources that you can use on your road to recovery. Attorneys can also provide legal advice, of course, but they provide other types of advice. If you do secure a settlement, attorneys can tell you where you can visit for financial advice to protect your settlement money. If you are waiting for a settlement, attorneys can often provide advice about how to keep your finances current while you wait.

Car accidents are caused by many factors. Drunk driving, distracted driving, tire defects, product defects in the car’s mechanisms, the weather, and many other factors can lead to a collision. StudyAn Insurance company in the UK has carried out a survey which suggests an unusual cause of car accidents: love. According to the survey, about 2.5 million car collisions in the UK occur due to romantic arguments that fuel road rage.

The StudyAn Insurance company examined the driving habits of 1183 drivers and found that 19% of the drivers drove erratically after an argument with their romantic partners or spouses. Another 36% were unable to concentrate on the road as effectively after a romantic argument. Honey Langcaster-James, a psychologist discussing the survey in the media noted that it can take one hour for emotions to settle down after an intense argument with one’s partner. Obviously, getting behind the wheel during this time can pose dangers.

Of course, currently drivers who are in a car accident are not asked whether they have just had an argument with their partner, so it is difficult to say precisely what percentage of car crashes in the US can be attributable to romance-related road rage. However, driving experts have known for some time that strong emotions and upset can impact driving ability and concentration. Since we tend to invest a lot of emotion into arguments with a romantic partner, it is logical that these arguments would lead to especially intense emotional upset.

If you consider the last time you had a spat with a partner, you probably remember how terrible it felt. Intense upset can make us cry, tremble, and even get physically ill. During a heated argument and during intense emotions, our blood pressure temporarily increases. This can have a significant physical result. Emotional upset can make up hyperventilate and even lose consciousness. It makes it difficult to focus or articulate. It makes us ill in some cases. Obviously, driving in this state can be very dangerous.

In the StudyAn Insurance company survey, one out of 12 drivers surveyed admitted to having a car accident following a lover’s quarrel. One in three admitted to driving off after an argument. The survey found that drivers driving soon after an argument with a loved one were more likely to experience road rage. They were also more likely to speed, cut other motorists off, tailgate, and even steal parking spaces.

Psychologist Langcaster-James notes that drivers who are upset or angry following an emotional outburst – such as the outburst caused by an argument with a loved one – may need to release tension. In some cases, they may subconsciously choose to speed in order to achieve this. She also notes that drivers who are emotionally upset are very distracted and are therefore unable to safely focus on driving.

The media has been reporting heavily on driver distraction, amid growing debates about mobile device use by drivers. Many states have moved to ban hand-held cell phones and texting while driving and mounting social pressure has meant that drivers are becoming more aware about the dangers of using mobile devices while driving. The US National Safety Council has stated that drivers using cell phones may contribute to one-quarter of all car accidents. Distracted driving has been linked to bus accidents, pedestrian accidents, bicycle accidents, and truck accidents as well.

However, according to U.S. Highway Safety Research Center, while about 80% of accidents are caused at least in part by driver distraction, mobile devices are in fact not the only cause of distraction. Other distractions that can cause traffic accidents include:

1) Distractions outside the vehicle. According to the U.S. Highway Safety Research Center, nearly one–third of accidents are attributable at least in part to drivers being distracted by something outside the car. These outside distractions can include other drivers, pedestrians, roadside accidents, billboards, animals on the road, and other objects that enter a driver’s field of vision and distract him or her.

2) Adjusting car instruments. Changing a CD, fiddling with an iPod, adjusting wipers, and otherwise making adjustments to the vehicle while driving contribute to at least 14% of accidents, according to the U.S. Highway Safety Research Center. All of these actions distract the driver and usually require the driver to remove their eyes from the road.

3) Animated conversations. Talking with others distracts a driver. Many drivers instinctively remove their eyes from the road to look at the person they are conversing to. Even drivers who are disciplined enough not to do this, however, may be distracted by the content of the conversation and not focusing on the road. In fact, critics of hand-held cell phone bans often point out that the danger with cell pones is not the devices themselves but rather the types of conversations people are having. Someone having a heated argument with a spouse on a hands-free cell phone is just as likely to be distracted as someone who is having a regular discussion on a hand-held cell phone.

4) Moving objects in the car. A bottle or something rattling about on the floor of the car is distracting to a driver, who may turn about instinctively to search for the source of the noise, taking their eyes off the road. A dropped object on the floor of the car can also be distracting and even dangerous if it becomes wedged under the gas or brake pedals. There’s another reason to pick up loose objects in the car and toss them in the trunk: any objects not secured can become airborne during an accident and can lead to serious head and brain injuries. Any pets in a car can also obviously be distracting and dangerous. Pets should always be secured in a kennel or cage when traveling.

5) Drinking or eating. Any personal activities such as eating, drinking, or applying makeup require you to take your eyes off the road. As well, accidents can occur if you spill something on yourself and instinctively react to that. With makeup, you can easily get some product in your eye and become temporarily blinded. Pull over to drink and eat and wait until your car is stopped to adjust makeup.

Researchers at General Motors Research Israel and Professor Shai Avidan of Tel Aviv University's Faculty of Engineering have been working to develop a rapid alarm system that could warn drivers of an impending car accident. If they are successful, they will develop a device that gives drivers advance notice of conditions that are leading to a car accident. The researchers hope that the alarm system will allow drivers the time to brace for a collision or take evasive last-moment maneuvers to avoid an accident.

Research has shown that drivers need only half of a second notice to prevent an accident. This is all the time needed for most drivers to swerve out of the way or slam on the brakes. Unfortunately, however, not all drivers perceive a danger in time to prevent a pedestrian accident or car accident. Researchers hope that the alarm system will provide this window of opportunity and therefore prevent more accidents.

In addition to preventing fatal car accidents, the alarm system might also help prevent some serious injuries. Passengers in a car heading for an accident could, even if unable to prevent the accident, brace for the collision and therefore protect their heads and vital organs, possibly preventing serious brain injuries and other injuries.

Avidan and other researchers are using advanced algorithms to develop the alarm systems, which would make use of cameras mounted on the cars. The cameras would capture road data while the algorithms would allow the vehicle’s system to effectively “detect” dangerous conditions that pose a risk of accidents. This system, researchers believe, would give drivers advance notice of possible risks, allowing them to drive more defensively or at least act quickly to minimize injuries.

Researchers, however, face a number of challenges with the alarm system. The alarm system, for example, must be able to differentiate people and actual threats on the road from other objects which might produce a “false alarm.” Since accidents occur in a moment, the system must also be very fast in order to alert driver of possible danger in time.

One part of the equation which might help make the system more effective is the camera. As computer vision technology and smart camera technology become more advanced, it is easier for cameras to capture and relay information more rapidly and more accuracy. Professor Avidan has already been part of the research team behind the development of the MobilEye smart camera system. The camera tracks and detects cameras in real time.

Many communities across the US are cracking down on unsafe driving with red light and traffic enforcement cameras. These cameras work in a very simple way: municipalities contract with a camera provider – Reflex is a popular provider – who installs and maintains the cameras. The cameras are installed at specific intersections, sometimes because certain roads are known for poor safety records.

The cameras work automatically, capturing everyone who runs a red light, speeds, or commits other common traffic violations within the camera’s view. When the camera detects someone running a red light, the system prints off a ticket and automatically mails it to the owner of the vehicle. The vehicle owner can then pay for the ticket.

Today’s traffic enforcement cameras are very sophisticated, capturing and confirming traffic violations in real-time. They are also smaller and less noticeable than cameras of years past. As well, today’s cameras can be designed to capture and ticket for a variety of traffic violations, including illegal turns, speeding, red light running, and even illegal parking in bus lanes. Some cameras are even designed to capture traffic violations at railway stops.

Municipalities and camera manufacturers claim that traffic enforcement cameras reduce the risk of traffic accidents and pedestrian accidents by enforcing traffic rules. Since many car accidents and truck accidents are caused by traffic violations such as speeding, these advocates argue, red light cameras reduce the risk of such accidents by giving drivers a strong economic motive to obey the law.

Critics of the traffic enforcement cameras, however, argue that camera technology can still mistakes. Indeed, a number of fined drivers have successfully argued the invalidity of their camera-issued tickets in court. Some critics of the cameras also argue that the cameras are little more than a cash-grab by communities, as communities profit from the paid tickets generated by the cameras.

Some traffic enforcement camera companies are creating safety programs as well as creating traffic camera systems. These broader safety programs aim to raise awareness about the dangers of traffic violations and improve driver education about accident prevention. Only time will really tell whether these programs have a long-term impact on reducing car accidents on our roads.

Car accidents cause many injuries and damages. Some – such as car damage or burn injuries – leave obvious clues. However, some are often overlooked:

1) Cosmetic surgery. Many accidents resulting from car accidents require cosmetic surgery. For example, burn injuries may result in extensive scarring that can only be fixed with multiple skin grafts. Brain injuries may require surgeries and other treatments that result in scarring and may require hair transplants or other non-essential treatments to hide scarring after the fact. It is important to seek insurance coverage for these procedures through a qualified attorney since most medical coverage does not cover these treatments. However, these cosmetic treatments may be vital to making a full emotional and physical recovery.

2) Slowly diagnosed problems. Some injuries sustained in a car accident only manifest symptoms slowly. For example, a patient who has sustained a brain injury in a car accident may not develop symptoms for hours after the accident. Someone who has sustained whiplash in an accident may also be slow to show symptoms. Whiplash is also difficult to diagnose with x-rays and other traditional diagnostic tools, making it harder to pinpoint.

3) Rehabilitation costs. Many types of car accidents require rehabilitation for extensive periods of time. Someone who has sustained a spinal cord injury, for example, may require years of rehabilitation to walk again. Someone who has sustained a serious burn injury may need months or years or rehabilitation and physiotherapy to regain full mobility. Some insurance providers underestimate the amount of rehabilitation needed for full recovery, which is why it is often very useful for patients to work with a good Florida personal injury attorney who can calculate the rehabilitation costs accurately.

4) Property damages. Most insurance providers will recompense an accident victim for the cost of the car damaged in a collision, but most people keep valuables in their car. Property damage may include digital cameras, mobile devices, clothing, work-related equipment, and even jewelry left in the car at the time of an accident.

5) Income loss. In addition to the initial time lost at work after an injury, many car accident victims need to lose additional time at work and therefore additional income for doctor’s appointments, appointments with an attorney, and other accident-related tasks. As well, some victims are not able to return to work until they have dealt with depression or other debilitation conditions after an accident.

SUV rollovers, truck rollovers, and bus rollovers are quite common due to the low center gravity on these larger vehicles. However, even traditional sedans and passenger vehicles can be subject to rollovers in extreme conditions. Stopping a car suddenly, for example, or going over an incline can cause a rollover. Surviving a car rollover involves minimizing possible head injuries, spinal cord injuries, and other possible serious injuries while increasing your chances of survival. To do this:

1) Brace your body by placing your legs against the sheet metal behind the pedals of your vehicle. Press hard with your muscles, extending your legs as far as possible while pressing your back far into the seat. Tensing your body into the seat will help protect you for the impact. If you have time, grab the wheel tightly while pushing out with your arms. Keep your elbows tucked close to your body, and secure your neck and head by pushing it very far into the head rest. Your body is safest when it is pushed far into the seats.

2) If after the rollover your engine continues to run and your car has landed upright, try to move your car out of the way of traffic and call for assistance. This will be most common with passenger car. SUVs and buses are more likely to land on their roof, due to their low center of gravity.

3) If after the rollover your car is on its roof, turn off your engine. Many newer cars automatically stop fuel flow. Use your feet and hands to position yourself against the roof of your car before slowly removing your seat belt. You will have to be cautious about any airbags which may have deployed during the accident.

4) If your doors are in working condition, carefully exit the vehicle. If you cannot open your door, try crawling through a window. Try rolling down your window and if you cannot do so, break the glass on the passenger window and crawl through. Avoid trying to break the windshield glass. It is often too thick and secure to break by yourself. Once you are free of the vehicle, run away as quickly as you can. In the event of a fuel leak, the car could explode, leading to fatalities and burn injuries. Try to get everyone away from the car as well.

Of course, safety seat belts can help prevent fatalities. In rollovers, occupants who are without seat belts are often thrown from the vehicle, where they can sustain fatalities or serious injuries. Passengers who do wear seatbelts at the time of a rollover are most likely to sustain injuries to the arms and the head. Most head injuries occur when the passengers hit roof supports, which is why tensing the muscles against the car is so important. Injuries to the arms most often occur when the passengers’ arms are thrown out of the window by the force of the rollover. This too can be prevented by tensing the body against the car and pushing the body as far back into the seat as possible.

As the warm weather gets here, many more animals are to be expected on the roads. Larger animals may be emerging from hibernation, and small animals may be getting ready to start families, pushing them further and further onto roadways and into human areas to look for food and territory. Unfortunately, larger animals can cause serious damage to cars. They may also cause car accidents. Each year, many people are killed or sustain personal injuries in accidents with larger animals or are injured or killed when trying to swerve to avoid hitting small animals.

Since animals tend to be most active at dawn and dusk, it is a good idea to avoid driving at these times, especially if you are sleepy. If you need to drive, make sure that you use your high beam headlights in order to see as far as possible in suburban and rural areas. Often, animals are not clearly visible in the dark unless your headlights happen to hit their eyes, which are often luminescent. If you’re driving with someone, consider having one person stay on the lookout to alert you to any possible animals approaching the roadway. This can leave you free to focus on driving. If you are driving alone, slow down, especially when approaching wooded areas.

If you see a large animal, such as a deer, in your headlights, blow your horn with one long blast and brake firmly. The horn blast may frighten the deer or larger animal and cause it to run away. Avoid swerving, as you may hit the animal as it is trying to escape. If it is safe for you to do so, consider braking and honking until the animal leaves the road area. Be sure to stay alert as sometimes a larger animal is followed by its offspring.

If you see a small animal in the roadway, follow the same procedure. Brake firmly while blowing your horn. Avoid slamming on your brakes or swerving. Try to keep alert to any drivers or other cars around you. Stopping suddenly in a rural area with no other cars is much safer than trying to do the same thing on a busy suburban stretch with cars behind you.

If you do hit an animal, do not touch the animal. Move your car off the road, set hazard lights on, and call the police or local animal authorities. If you have hit a smaller animal and it is alive, you may want to contact a wilderness or animal shelter or veterinarian for assistance. If you have hit a small animal and have killed it, you may wish to call animal control. If it is someone’s pet, you may wish to pull your car off to the side of the road and visit nearby houses to identify its owner.

Your car’s brakes are one of the most basic ways of preventing an accident. Brakes allow you to stop suddenly in order to avoid hitting a pedestrian or an obstacle, and they can help you stop safely at intersections in order to prevent collisions and pedestrian accidents. When your brakes fail, therefore, it can be a terrifying moment. However, even if your brakes fail you can often help prevent an accident if you:

1) Pump your brakes. Pump your brakes vigorously, as this may build up pressure in the braking system which may allow your car to stop or even slow down. As you do this, you may wish to flash your lights or beep the horn to indicate that you are in distress and to alert other drivers as well as pedestrians that there is a problem.

2) Steer your car normally. Be careful not to overcorrect as you drive. It is common to panic when your brakes fail. If you have to turn, especially, you may panic. However, you can often turn even at a higher speed quite safely. Steer evenly, even if the rear of your car slips a little. You should still be able to make a safe turn.

3) Try shifting your car into a low gear. Gradually shift your car into the lowest gear possible. In some cases, this may allow the transmission and the engine to slow down your car.

4) Very slowly engage the emergency brake. Avoid engaging the brake too quickly, as this can cause your car to spin around as the rear wheels lock. Use a gentle, constant pressure. In many vehicles, the emergency brake is operated on a cable that will still work when other components of the braking system have failed. If you use the emergency brake in conjunction with a lower gear you may eventually be able to stop your vehicle.

5) If you need to stop suddenly and your brakes have failed, try engaging the emergency brake hard while also turning your wheel a quarter turn in whatever direction is safer. This maneuver will make your car spin but if you are heading downhill this maneuver may make you up hill, allowing your vehicle to stop safely.

6) Use a soft surface to stop. If you have a road all to yourself, you can move your car back and forth across the road. Swiping soft surfaces, rocks, or even guard rails on either side can reduce your speed, although you should only attempt this at slower speeds.

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