Florida
Car Accident Lawyer Blog

Tire defects can cause serious car accidents. In recent years, a number of notable tire recalls have been instituted and a number of product liability lawsuits have been filed against tire manufacturers over unsafe tires. Unfortunately, tire defects continue to contribute to thousands of car accidents each year. In some cases, manufacturers know about tire problems and flaws but do not recall the products.

When a tire defect causes an accident, the results can be fatal and tragic. When a tire malfunctions on a highway, especially, a driver may lose control and may crash into other cars and vehicles, causing severe damage and many injuries. In some cases, when tires or parts of tires fly off a vehicle due to a defect, these pieces of tire may strike other vehicles, causing a chain-reaction of collisions and accidents.

One of the most common tire defects is tread separation, which is also one of the most-commonly cited reason for tire recalls. With this type of defect, a flaw in tire design or the manufacturing process causes a tire to separate from the tire tread. When this happens on the road, the driver typically loses control of the car and the vehicle either slams into another car (or object) or rolls over.

Another common cause for tire recalls is tire blowouts. Blowouts occur when a tire is poorly designed or manufactured in such a way that the tire may unexpectedly come apart or may “blow up” after losing pressure. Blowouts are frightening and very sudden. They cause a driver to lose control of the vehicle. Blowouts may also cause pieces of tire to fly at other cars or even pedestrians, causing secondary damage.

In addition to tire design defects, rubber defects may be an issue in many car accidents. All tires are made with a "date code" on the sidewall. This code can help customers understand how old their tires really are. Unfortunately, some unscrupulous tire retailers sell tires that are quite old. Since rubber deteriorates over time, even unused older tires (tires that are 6-10 years or older) may not be completely safe to drive. This is an especially important consideration in Florida, where heat can cause tire rubber to deteriorate more quickly.

It is important to note that tire defects on their own can cause severe car accidents. Even if a driver is experienced and is driving safely, a tire defect can cause a sudden and unpreventable accident through no fault of the driver. In addition to causing car accidents, tire defects also contribute to motorcycle accidents, bus accidents, truck accidents, and SUV accidents.

Car accidents involving trains represent a huge mismatch in strength. While a car weighs only about 3000 pounds, a train usually weighs many hundreds of tons. Clearly, in a collision between the two, car passengers and drivers usually fare poorly. The sheer size and force of a train usually means that when a train accident occurs involving a car and train, fatalities and serious injuries are the most likely result.

Although car accidents are more common than car-truck accidents, drivers of passenger vehicles are 20 times more likely to die as a result of a train accident than a collision with another vehicle. The sheer size and force of trains simply makes them more deadly. Some trains weigh over 3, 000 tons while even an average smaller train will weigh 200 tons. The size of the train also makes collision avoidance difficult. A train going at a speed of 55 miles per hour will typically take a minimum of one mile to stop. When a car appears on the tracks, a train often cannot stop in time.

The US Department of Transportation reports that there are 5,800 train collisions involving cars each year. These accidents result in 2,300 serious injuries and about 600 fatalities each year. Most of the fatal accidents – more than half – take place at railway crossings that have no safety devices or that have too few such devices. This means that in more than 50% of cases, the railway company is at least partially liable for the accident by not taking correct safety measures. It also means, tragically, that more than 50% of these fatal accidents are quite preventable.

In about 75% of daylight train-car accidents, the accidents occur when the train strikes the car. In 50% of nighttime fatal incidents, the car collides with the train. In many accidents, train speed was a factor in collisions. Trains are supposed to slow down when making turns or when crossing intersections, but some train conductors speed through, increasing the odds of an accident.

There are several things drivers can do to help prevent train accidents involving cars. If you are a driver or pedestrian, report unsafe railway crossings. By federal law, railways are required to use flaggers and other safety devices to alert motorists and pedestrians of oncoming trains. If you notice an intersection without these features, write to your city hall or newspaper asking for changes. You could save a life. Also report unsafe track maintenance. Keep in mind that holes or damage around the tracks can cause a pedestrian, bicyclist, or even car to become stuck when trying to cross the tracks.

Of course, pedestrians, bicyclists and drivers need to use extra caution when driving through train tracks. Even when no lights are on, it makes sense to stop and look. If you see a train or train lights, wait to see whether the train is approaching. The lights or safety markers may not be working. Ensure that all is safe before attempting to cross the tracks.

Car accidents involving a bus are unique in many ways. Part of the uniqueness comes from the size and scope of a bus. Most buses move slowly and may make frequent stops. This can make accidents more likely in some cases. As well, the sheer size and power of a bus can cause serious damage in an accident. If a bus rear-ends a car, for example, the passengers in the car will likely sustain serious injuries.

Part of the challenge involving car and bus accidents is that passengers of buses usually do not wear seat belts. Passengers inside a bus usually do not have the option of wearing a seat belt, whether the bus is a school bus, tour bus, or public transit. In an accident involving a car, the bus driver may slam the breaks, swerve, or otherwise react, and this can cause passengers to be thrown from their seats. Passengers of buses are therefore vulnerable to brain injuries, broken bones, cuts and bruises, spinal cord injuries, and other injuries. Some of these passengers may seek legal action after a bus accident due to these injuries.

As well, part of the challenge involving car and bus accidents is that buses are often governed by specific regulations. In most cases, since buses are owned by the city public transit system or a private tour company, the accident must be thoroughly reported, even in the case of a minor fender bender. In most cases, a police report is filed and an investigation takes place, since buses are responsible for carrying passengers.

If you have been in an accident with a bus, you will of course need to call for help first, if anyone has been injured. Next, you will want to exchange information with the bus driver. In addition to the bus driver’s name, you will want the bus number, license plate, and any identifying information (such as a VIN number for the bus). If a tire defect or other mechanical defect has caused the accident, you will need to be clear as to exactly which bus was involved. You will also want to get the exact details – including name and contact information – concerning the carrier company or parent company responsible for the bus.

Due to the special challenges involving car and bus accidents, you will want to speak to a Florida personal injury attorney after an accidents involving a bus. Car accidents involving buses are complicated and can quickly become difficult. If a bus passenger was injured, for example, you may be considered as a liable party. If you have been injured in the accident, recovering a claim may be difficult in the case of a powerful tour company or public transit system. A good Florida personal injury attorney can help with these issues and can offer other legal guidance after the accident.

While all car accidents are devastating and have the potential to cause fatalities and injuries, perhaps no accidents are as tragic as those involving drunk driving accidents and children. Drunk driving accidents are completely preventable – all it takes to stop these accidents is for a driver to take an alternative route home rather than driving drunk. When drunk driving claim the lives of young children, it can seem devastating that one driver’s mistakes have cost a young person their future.

If you have children, you will of course want to ensure that they are never victimized by a drunk driver. While you cannot guarantee that your children will never be affected by a drunk driver, there are things you can do to cut the risk dramatically:

1) Have a “no questions asked” phone option for your children. Make sure that your children know that they can always phone you for a ride instead of getting in a car with a drunk driver or an unsafe driver. Teach your children that if they say they need a ride “no questions asked” you will be there and there will be no negative consequences for them – even if they have been drinking. Then, stick to your word. If they take advantage of your offer, praise them for their decision to ask for a ride.

2) Make it easy for children to call you or get help when they need it. This is one area where cell phones and mobile devices really come in handy – they allow your children to reach you anywhere. Also, make sure that your children have at least a few numbers to call for a “no questions asked” ride, so that if you are not available they can still get home safely. Another option is to have an area in your home for “cab money” – if your children need to take a cab home, they can access the money easily to pay the cab driver.

3) Make sure children understand what drunk driving is. Some children may not readily understand what drunk driving is. Explain that they should never drive with someone who has even had one drink. Discuss situations which they may face which may be challenging (for example, a situation in which someone in authority insists on driving them somewhere after drinking) and discuss what they can do in these situations.

4) Never drink and drive yourself. Children will notice when you do and will be less inclined to listen to what you say if your actions contradict your words. Set a good example and your children will be more likely to follow in your footsteps.

5) Show by your actions that you do not support drunk driving. When you have friends over, start serving non-alcoholic drinks early in the night, call cabs for anyone who has been drinking, and refuse to let drunk friends drive. This will show your children what to do when they are around people who have been drinking and will teach them habits that will keep them safe.

In car accidents, insurance companies are sometimes described as the enemy. Some patients, after sustaining a serious injury in a car accident, are upset to find that insurance companies refuse to pay out claims or offer very low claims which do not cover all the costs of injury-related costs. Some patients complain of insensitive insurance company representatives who pressure them into signing documents right in a hospital. Since insurance premiums are so high and since patients usually pay in a significant amount of money to their insurance companies, they are often irate when faced with challenges to their claims.

While many savvy patients eventually hire Florida personal injury attorneys in order to better manage their relationships with insurance companies after a car accident, insurance companies are not necessarily the bad guys. Insurance companies are in business, and good business sense simply means paying out the least amount that is considered fair in any car accident. Car accidents occur every few seconds in this country and if every burn injury patient, spinal cord injury patient and injury patient were automatically recovering the largest possible insurance claim amount, insurance premiums would be much higher and insurance company profit margins would be much smaller. It makes financial sense to an insurance company to offer the smaller fair claim amount in any given situation and keep premium costs competitive.

As well, much of the disagreement between insurance customers and insurance companies comes down to differing definitions. For a patient who has been in a car accident and has sustained a burn injury or other devastating injury, a “fair” claim amount is one that covers all possible medical costs and covers the best quality medical care. For an insurance company, however, in many cases a fair claim amount is one that matches a patient’s level of insurance coverage and one that covers only basic medical needs. A good Florida personal injury attorney can help insurance companies and car accident victims reach a claim or settlement amount which is mutually satisfactory to both parties.

Insurance companies also sometimes use what are seen as aggressive methods because insurance fraud is a serious problem across the industry. A few car accident patients who exaggerate their injuries cost insurance companies millions of dollars and insurance companies must then pass on these losses to customers in the form of higher premiums. The very real threat of insurance fraud also makes insurance companies automatically suspicious of many claims, which pushes insurance companies to carefully review, and in some cases investigate, insurance claims.

Of course, some insurance companies are not very reputable or ethical in their dealings. While many insurance companies do their best to maintain good profits for shareholders while also offering fair compensation to car accident victims, some companies do use unethical practices. Some companies make low-ball offers to car accident victims, knowing that the claim amounts will not cover even basic medical care. Some companies refuse claims without adequate reasons while some will pressure patients into signing away their rights to fairer settlements.

In most cases, however, insurance companies are not the bad guys. It is important to keep in mind, on the other hand, that insurance companies do not necessarily have your best interests in heart, either. Insurance companies are businesses and their main allegiance is to shareholders, who demand the highest profit margins possible. For this reason, it is important to consult with a qualified Florida personal injury attorney soon after your car accident. A good attorney can look after your best interests and your rights, ensuring that you get the best possible care and all the resources you qualify for under the law.

In many cases, if you sustain an injury in a car accident, you will make an insurance claim in order to recover medical costs as well as any damage to your car. In almost all cases, the insurance company will offer you a certain amount in exchange for your losses and injuries. In many cases, accident victims are eager to sign on the dotted line because car accidents and injuries can cause severe financial pressure. Patients face sudden medical bills, loss of income, car repair costs, and many other costs as well after an accident.

However, signing and accepting the first offer can cost you more in the long run.

Insurance companies are, above all, businesses. Their main interest is in making money, not in protecting your best interests. If an insurance company can offer you a smaller claim, this is infinitely better, from the company’s business perspective, than offering a larger claim. Many insurance companies offer claims based on formulas. These formulas may be outdated or may take into consideration only some of the costs of your injury.

When you accept an initial offer from an insurance company, you often lose the right to pursue further claims for more money if it transpires that the claim money does not pay for all the costs associated with your injury. You will be left to pay the added costs out of your own pocket, and these costs can end up costing you many thousands of dollars or even more. These costs can cause a significant financial burden for you.

Unfortunately, this unfortunate position is one in which many patients find themselves. After accepting an initial claim amount from an insurance provider, patients find that they need to find significantly larger amounts from their own savings in order to pay for the medical costs and related costs. For example, burn injury patients may be compensation for initial hospital stays but may not be compensated for cosmetic surgery, even though that surgery may be important in order to allow the patient to return to regular activities. In the case of a spinal cord injury, a patient may be compensated for initial recovery, medical, and rehabilitation costs, but may not be compensated for the cost of making a home accessible, to cite another example. In this instance, a patient may need to pay thousands or even tens of thousands of dollars in order to enjoy a safe home.

The problems that patients encounter vary, but there are some things that patients can do to avoid financial problems due to their injury. One of the best solutions is to hire a personal injury attorney immediately after your car accident. A good Florida personal injury attorney is invaluable because he or she will review your insurance claim offer and advise you of your rights. Your attorney can also help you understand the possible long-term costs of your injury and can help negotiate with an insurance carrier on your behalf.

A car accident can cause serious injuries such as burn injuries or other painful conditions. While these injuries can cause severe pain and also upheaval in your personal life, most injuries will also place tremendous pressure on your finances. Unless you are independently wealthy or have substantial assets, you may worry about the costs of your medical treatment. If you have sustained a spinal cord injury or other permanent injury, you may worry about not being able to return to work. In addition, you may have to spend a great deal of money to renovate your home in order to make it accessible for you.

In many cases, insurance is designed to help you deal with the financial pressures of a car accident. Drivers are required to have a minimal amount of insurance and many drivers choose additional coverage as well, paying premiums faithfully. When a driver is injured, therefore, they assume that everything is taken care of and the insurance company that has been so handsomely paid will offer compensation for lost income and all medical costs.

Unfortunately, this does not often happen. Insurance companies generally have a formula for determining claim amounts, and in many cases this formula results in offers that will not pay for all the costs of your accident. If you have sustained a serious or permanent injury, in particular, the amount your insurance company offers will generally only pay for initial treatment and lost income. Quite simple, insurance companies are businesses and if they paid out the full claim amounts everyone is entitled to and covered all costs for all patients, they would make much smaller profits.

The financial pressures of serious personal injury as well as the financial pressures insurance companies face to offer you small insurance amounts is a great reason why you should call a Florida personal injury attorney immediately after your car accident. A good attorney can negotiate with insurance companies on your behalf, can accurately calculate how much your injury will cost you, and can aggressively pursue the full amount you are entitled to.

Even if you are able to secure a settlement, however, keep in mind that the period from your car accident to your actual payment can be long. Insurance companies will often resist attempts to pay out larger amounts and your case may go to court. Personal injury cases sometimes take years to work their way through the court system. During this time, you will still have to make payments on your home, car, and other financial obligations.

It can be challenging to wait. Some patients are able to work out repayment plans with hospitals and medical facilities. In some cases, hospitals are willing to wait for payment if they know a patient will likely receive a settlement. Some patients borrow money in order to survive financially until a settlement is reached in their case. Whatever your financial situation, getting a fair settlement for your case can improve your financial outlook after a car accident, and that means hiring a qualified attorney. As well, discussing your financial pressures with your attorney and developing a financial plan can help you survive financially until your case is settled.

If you have sustained a brain injury, burn injury, amputation, or other serious injury after a car accident, you may have contacted a Florida personal injury attorney in order to pursue a personal injury claim. However, even while filing a claim can be a positive first step, there are still certain challenges you may need to face while you recover and while you pursue your claim:

1) Emotional upheaval. After a car accident, you may feel anxious, upset, fearful, and even angry. Emotional upset after a car accident is quite normal, but it can get in the way, since you will need to focus on getting better and making sound decisions. If you find that your emotions are upsetting, last more than a few weeks, or get in the way of you making sound decisions, consider seeking therapy.

2) Complications associated with the recovery process. Whether you have sustained a spinal cord injury or another serious injury, you will of course hope that the recovery process is full and quick. However, in some cases, recovery is complicated by underlying conditions, infection, and other problems. The more serious the injury, in general, the greater the risk of possible complications. Delays in the recovery process can be terribly frustrating and can also increase medical costs.

3) Legal issues. Ideally, you would be able to make a fair claim for an amount to cover your injuries and receive this amount from insurance companies. In reality, however, this does not always happen. You may need to seek legal help from a Florida personal injury attorney to cover your full medical costs or you may need to seek help if you have been accused of causing the accident that has injured you. Legal issues can be very stressful, especially since many patients are not well-versed in legal terms and legal matters, making legal problems seem very intimidating. Working closely with a good Florida personal injury attorney can give you the legal help and support you need.

4) Financial problems. After a car accident, you may be unable to work, which can affect your income. Even if your workplace offers paid leave, your recovery may take longer than leave is offered, leaving you with no income. As well, your accident may leave you with substantial medical bills. A good Florida attorney is important to secure a fair settlement which will compensate you for your financial losses after your accident.

5) Investigations. After your car accident, your attorney may launch an investigation into your accident. Insurance companies may also launch their own investigations to determine the extent of your injuries. Some investigators for insurance companies may place you under surveillance or may questions friends and neighbors. For many people, these tactics are disturbing and troubling. A good attorney, however, can ensure that a thorough investigation reveals the true nature of the accident, which can help you in negotiations with the insurance provider.