Florida Car Accident Lawyer Blog

The Fourth of July is rapidly approaching and most people this week will be solidifying their plans for a successful Independence Day weekend. The perfect Fourth of July weekend usually includes a barbecue, a party, and some fireworks. However, it is also a time when many Florida drunk driving accidents happen. Even if you do not plan on drinking, it is important to develop a contingency plan now. That way, if you are offered beer or find yourself choosing to drink this holiday weekend, you will have a plan in place to get some safely. Here's how to create your plan:

1) Write down your plans for the weekend so that you can plan ahead. Will you be far from home this holiday weekend? Will you need to travel from one party to the next? Who will accompany you to the party? Is there anyone who can be a designated driver? Working things out on paper allows you to notice any problems areas and any parts of your plan that need some work.

2) Once you know where you will be for the weekend, create a list of taxi cab companies, bus routes, 24-hour events and restaurants, and hotels in the area. You can also bring a mobile device so that you have this information at your fingertips. Even if you plan on not drinking and have a designated driver, you need to have a plan B and a plan C in case you do find yourself drinking and unable to get home safely.

3) Make a list of all the ways you could avoid drinking and driving on the Fourth of July, and be sure to bring a list of everyone you could phone to get a safe ride home. Be sure to bring enough money for taxis or buses and tuck this information into your wallet.

4) Check online to find out what public transportation will be available on the Fourth of July and print out any information you need. Many communities make alternative forms of transportation available over the holiday weekend.

5) If you have teen drivers in your home, have them sign a pledge not to drink and drive and make sure that they have a plan for getting home safely during the holiday weekend.

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According to the National Golf Cart Association, golf carts are becoming a very popular mode of transportation – and not just on the course. Many people are in fact using the golf carts on public roads, in order to run errands or just to get around. Thanks to increasing gas prices and an increasing number of retirees, there is a huge growth in golf cart use, especially in residential areas. In fact, in some Florida residential communities, golf carts are a more popular form of transportation than cars.

Unfortunately, there is also growing concern about the number of car accidents involving golf carts. According to a research study completed at the University of Alabama at Birmingham, between 2002 and 2005, there were 48,000 golf cart-related injuries reported across the US. Men between the ages of 10 and 19, as well as people over the age of 80, were most likely to be in these types of accidents. According to police authorities, the National Golf Cart Association, and other experts have several suggestions for preventing these types of injuries:

1) Create new rules and safety instructions. According to the University of Alabama at Birmingham study, safety instructions are not adequately provided by golf cart retailers and manufacturers. Researchers felt that such instructions as well as safety standards for golf cart users would help to prevent accidents.

2) Create educational awareness programs for drivers and golf cart users alike. According to authorities, many golf cart users treat golf carts just like cars, and this can be dangerous. According to experts, golf carts should not be used of higher-traffic or higher-speed roads and even a turn at 11 mph can cause a golf cart user to be ejected from the cart. Drivers must also be taught to share the road with golf cart users and to be aware that such vehicles may be sharing some roads.

3) Enforce traffic rules and keep statistics. Many municipalities do not keep records of golf cart accidents, the way they do for Florida truck accidents and car accidents. More careful record keeping and stricter enforcement of rules for both golf cart users and drivers can help prevent many accidents.

Continue reading " Florida Car Accidents Involving Golf Carts " »

Twelve states, including Florida, have no-fault car insurance laws, which allow victims of car accidents to recover damages for car accident quickly through their own insurance companies. In exchange, claims are processed quickly but victims can only sue for suffering and pain in cases of severe accidents. These laws were created to ensure that victims – especially those without medical insurance – could recover money quickly. However, some experts claim that the laws are now broken and are contributing to insurance fraud.

In Florida, drivers must have car insurance to drive and this includes personal injury protection (PIP) coverage. This insurance covers the medical costs of the car's drivers and passengers up to $10 000. According to the Consumer Federation of the Southeast, however, this coverage has created some unintended effects, so that Florida is now the nation's leader in staged car accidents.

According to Walter Dartland of the Consumer Federation of the Southeast, the laws have allowed criminals to steal billions of dollars through staged Florida pedestrian accidents and car accidents – by claiming up to $10 000 at a time. The problem is so bad that experts claim organized crime is involved, sometimes going so far as to smuggle people into the US to take part in staged Florida car accidents.

According to the National Insurance Crime Bureau in Florida, the problem is not so much the law itself as the fact that the system gives people access to money – and anytime there is a possibility of attaining money, there will be a certain element interested in taking advantage of that. Another problem is that it is relatively easy to open a medical clinic in Florida. This allows criminals to work with unscrupulous medical professionals in order to stage Florida car accidents. According to investigators, some of the clinics opened for this purpose provide no medical help at all, but only bill insurance companies.

Florida law requires insurance carriers to pay victims within 30 days of a claim being filed. If insurers fail to pay, healthcare professionals and victims can start legal action against the insurer. In 2010, 2779 suspicious claims in Florida were forwarded to the National Insurance Crime Bureau by insurance companies. This represents a 119% jump in such suspicious cases between 2008 and 2010.

The effects of such fraud are serious. Insurance fraud costs Florida about $1 billion a year and increases the insurance costs for all drivers. In fact, the average family with two cars will pay $100 more annually to cover the losses the insurance industry loses to fraud. There are other, more serious, consequences as well. Even staged Florida car accidents can and do lead to real injuries. When someone stages an accident, they sometimes rear-end other cars or intentionally cause a small accident. Such accidents can still lead to serious brain injuries, whiplash, and other problems for victims. As well, insurance fraud casts doubt on everyone, including real victims of car accidents. Many Florida car accident victims with legitimate injuries find that they have a hard time convincing insurers of their injuries, simply because insurers now look at Florida claims with some built-in suspicion.

Continue reading " Are No-Fault Laws Causing Staged Florida Car Accidents? " »

During the summer months, most police authorities crack down on dangerous driving and on traffic risks. It's no coincidence: research has suggested that summer months are more dangerous in terms of Florida car accidents. There are many risks in the summer months that can lead to car accidents:

1) Heavier Traffic. During the summer months, teens are home for the summer – and behind the wheel. As well, more people take advantage of vacations and the nice weather to go on long-distance road trips. In Florida, tourists flock to major cities such as Miami and Fort Lauderdale, creating even more congestion on the roads. As well, tourists and residents alike head out for walks to take in all the Florida summer activities, increasing the risk of Florida pedestrian accidents.

2) Road work. Summer months are also often the time for repaving and other road work and construction. This can create new obstacles on the roads and can lead to accidents. It's a good idea to keep aware of construction and road work in your area through apps or news reports. That way, you can plan ahead and maybe even avoid these higher-risk areas.

3) Tires can deteriorate faster in hot weather. Florida's famously hot summers are not good news for tires. Hot pavement and sand can make tires wear down more quickly (especially with all those extra road trips). The problem can be even more dangerous if tires have any small defects. Check the age of your tires and go online to see if the tires you are using now have been recalled or have any safety problems. If your tires are getting worn, summer is a good time to change your tires.

4) The effects of hot weather and sun can have a negative impact on drivers. Hot, sunny weather can be distracting and can make drivers feel sleepy and drowsy behind the wheel. In extreme cases, very sunny weather can make it hard to see or can lead to dehydration or sun stroke. Invest in a good pair of sunglasses for your car and wear them behind the wheel to maintain good visibility in the summer and stay hydrated. If you feel unwell, get medical attention and avoid driving until you are given the all-clear.

5) More Florida drunk driving accidents. Summertime events can mean alcohol and that can mean more Florida drunk driving accidents, especially around holidays such as the Fourth of July. If you see someone you believe is driving erratically, call authorities to help prevent an accident. If you have been drinking yourself (even a drink or two) do not get behind the wheel.

Continue reading " Why Florida Car Accidents May be a Bigger Risk in the Summer " »

Florida Sheriff's Departments have been enforcing a "Click It or Ticket" campaign to raise awareness about the importance of seat belts. In 2009 alone, 23,382 car passengers were killed in car accidents, and statistics show that 53 percent of these victims were not wearing their seat belts at the time of the collision. Many experts consider seat belts to be one of the best ways to increase the chances of survival in a car accident. Seat belts are also considered a good way to prevent many injuries in an accident.

Seat belts work very simply. They restrain a passenger in the event of a car accident. This helps prevent the passenger from being ejected from the vehicle. This is very important, since Oklahoma State University reports that passengers who are ejected from the car are 25 times more likely to suffer a fatal injury. As well, a seat belt prevents the passenger from being thrown about inside of the car. This is also important, since many Florida brain injury patients sustain their injuries in car accidents due to being thrown around the inside of a vehicle during a collision. Air bags can increase the efficiency of seat belts by up to 40%, according to Oklahoma State University, but they do nor replace the seat belt and will not prevent a car's passenger from flying out of the car.

Unfortunately, the message about seat belts does not seem to be getting to all drivers. Teen drivers and passengers, especially, do not seem to be getting the message. In studies and polls, teens admit to not wearing their seat belts regularly, and many teens do not wear seat belts because they do not believe that they will be injured. Unfortunately, teen drivers have higher accident rates, so seat belt use is very important.

To wear seat belts effectively, it is important to wear them at all times. It is also important to wear a set belt effectively. This means wearing a seat belt that includes a lap belt and a shoulder belt and adjusting the belt so that it fits snugly. It is also important for children to use booster seats and age-appropriate restrains. Seat belts are not intended to be used on small children and can in fact endanger them in an accident. A small child needs to be placed in an age-appropriate restraint in the back seat. Older children may need a booster seat to ensure that the seat belt does not dig into the neck and pose a danger of cuts in the event of an accident.

While seat belts are one of the most important safety features of a car, each year some passengers are injured due to defective seat belts. If you have been in a Florida car accident and have sustained an injury due to your seat belt, it is important to consult with a qualified attorney about your case. The seat belt or car manufacturer may be liable for some of your injuries.

Continue reading " Seat Belts Can Help Prevent Injuries in Florida Car Accidents " »

Florida car accidents mean many worries: will you be able to get your car repaired? Will you be able to return to work? While you are in this state of worry, you will need to make many choices. Making the right choices can make it easier for you to start on the road to recovery, while the wrong choices can follow you for years.

After a car accident, one of the first choices you will need to make is whether or not to get medical help. Many people who feel fine after a car accident never bother to see a doctor. In some cases, this can be a fatal mistake. If you have been in a serious car accident or have hit your head or lost consciousness (for even a few seconds) you need to get immediate medical attention. Many Florida brain injury patients do not experience symptoms right away and only find out too late that they have a serious injury. Some brain injuries – not to mention whiplash – do not always present symptoms right away, so if there is any possibility that you may have sustained an injury, play it safe and get immediate medical attention.

Another choice you will need to make is who to trust with your accident claim. Florida, unfortunately, is one of the nation's leaders when it comes to insurance fraud. A number of companies have been raided for trying to target victims of car accidents. These companies will call car accident victims – in some cases claiming to be an insurance representatives – and will ask the victim to visit specific doctors and attorneys. The company will then bill insurers for fake injuries or will over-bill for medical services. When a company calls you, make sure that you understand who they are and who they represent. If the call sounds suspicious, hang up. You do not want to become involved in this type of illegal activity.

Another choice that car accident victims will need to make is whether to contact a personal injury attorney. Many Florida car accident victims believe that as long as they can get a claim from an insurance provider, there is no need to get an attorney involved. However, insurance companies do not pay out the maximum possible for a claim. If you have been in a serious Florida car accident or in an accident that involves commercial vehicles or multiple vehicles, you may need a qualified Florida personal injury attorney to help you get the maximum recovery for your claim.

Finally, all accident victims will need to make a decision about the claim amount they accept for their injuries. Whether you decide to pursue the case in court or rely on your insurance company to pay you for medical costs, lost income, car repairs, and related costs of your accident, you need to make sure that the amount you receive covers all your expenses. If you do not, you could end up paying thousands out of pocket. With longer-term injuries, especially, it can be hard to determine the total costs of an accident. An experienced Florida attorney can often help you determine the true costs of your accident.

Continue reading " Making the Wrong Choices After a Florida Car Accident " »

Florida ranks highest for fatal pedestrian accidents, according to a study by Transportation for America. There are many factors that affect the rates of such accidents:

1) Traffic. High volumes of traffic increase the odds of Florida car accidents and pedestrian accidents. Quite simply, the more pedestrians are out and about and the more cars are on the roads, the more interaction there tends to be between drivers and pedestrians, which increases the risk of an accident. Florida has very busy roads and many pedestrians as well, increasing the chances of collisions.

2) Road design. According to Transportation for America, many roads with high fatality rates were designed mostly for motorist use. Many of these roads are designed with little consideration for pedestrian safety. Once the roads are constructed, adding safety features can be a challenge. For example, it can be hard to add a wider sidewalk for pedestrians in an already-congested Florida urban area.

3) Laws. Some advocates for pedestrian and bicycle safety note that motorists who cause serious Florida bicycle accidents and pedestrian accidents often receive very light penalties (or none at all), even when they seriously injure or kill a pedestrian or cyclist. Some experts recommend new laws which would make laws stricter, especially for motorists who cause multiple accidents.

4) Distractions. Numerous studies have been published, showing the dangers of distracted driving. Currently, Florida has no laws preventing texting and driving. However, studies have shown that drivers who text and drive effectively take their eyes off the road for the length of entire football fields – more than enough time and space to cause a serious pedestrian accident. Less research has been done about the dangers of walking and texting. However, distracted pedestrians are also less likely to notice and anticipate dangers.

According to the Transportation for America study, four out of the top ten most deadly urban areas for pedestrians are in Florida. Between 2000 and 2009, the Orlando-Kissimmee saw the highest rate of fatal Florida pedestrian accidents, with 557 pedestrians killed. Tampa-St. Petersburg-Clearwater was in second place as a dangerous area for pedestrians and Jacksonville as well as the Miami-Fort Lauderdale-Pompano Beach were also listed as among the most dangerous in the country.

Continue reading " Preventing Florida Car Accidents Involving Pedestrians " »

Florida residents love their pets, but when those pets are loose in a car, they can easily contribute to deadly traffic accidents. According to the organization "Paws to Click," one accident occurs every 18 minutes in this country because there is a pet loose in the vehicle, distracting the driver. About 30 000 accidents in the US each year are caused by dogs alone. According to the same source, one in five drivers admit to driving with a dog on their lap. While Florida does not have any regulations requiring pet owners to restrain their pets in a vehicle, it is the safest and most humane option.

While dogs are lovable creatures, when they are left loose in a car, they can cause a great deal of distraction to the driver. The dog may begin chewing the upholstery or may try to dig under the seats. Some dogs get motion sickness and vomit in the car. Many dogs like to hang out the window, which puts them at risk of falling out of the window or getting debris in their mouth or eyes. Many dogs also enjoy jumping all over the car, getting underfoot, or placing their paws on the steering wheel. All of these distractions can become deadly for the driver – and for the drivers of other vehicles nearby.

Another tragic consequence of allowing pets loose in a car is that they become victims in the event of a car accident. If you are in a car accident in Florida and are holding your dog in your lap, your dog will likely be killed due to the impact of the airbag inflating in front of you. As well, if a pet is unrestrained and you are in a collision, that pet becomes a projectile which can harm you in an accident. If your pet is airborne during an accident, they will likely impact and this will prove fatal. Placing your pet in a carrier or appropriate restrains can help prevent an accident, and can also save your pet's life.

There are many ways to safely restrain your pet in your car. There are booster seats, car seats, and seat belts made for dogs. These items are inexpensive, widely available, and allow your dog to look out the window while staying safer. It is important to place your dog in restraints in the back seat of the car, where airbags will not harm your pet in the event of an accident. All other animals should be placed in carriers or crates in the back seat of the car. Crates and carriers are also available for dogs.

Continue reading " Pets Can Cause Florida Car Accidents " »

Florida car accidents involving teens have a high cost – both in terms of lives lost and in terms of dollars. According to the AAA, car accidents involving teen drivers who are between the ages of 15 and 17 cost the US over $34 billion in 2006 alone in damages and medical costs. Teen drivers cost the US $9.8 billion in fatal crashes that year and teen driver car accidents caused 2,541 fatalities and 406,427 injuries.

The Centers for Disease Control and Prevention (CDC) report that car accidents account for about 36% of deaths for teens, making it a leading cause of death for this age group. The risk of car accidents for teen drivers between 16 and 19 years old is higher than the risk for any other age group. Teens who are 16 and 17 are especially at risk, with one out of three drivers reporting an accident in their first year on the road.

Many Florida car accidents involve young drivers, and there are many ways to reduce the risk for young drivers, according to experts:

1) Increase mandatory training. Teen athletes log in thousands of hours of practice, but most states require just a few dozen hours of training time with a skilled instructor. Asking your political representatives to increase mandatory training is an important first step. In the meantime, parents and family members can pay for extra training time for their teen drivers – and check to make sure that teens take advantage of the offer. The more experienced drivers are, the less likely they are to be in an accident.

2) Focus on defensive driving. Once teens learn the basics of parking, turning, and sharing the road, they should also be taught emergency driving situations and defensive driving or collision-avoidance techniques. Ideally, these would be required by law. Until they are, parents can ensure that their teens get the extra training needed to stay safe. Many national programs cost less than $100.

3) Graduated licensing. Studies of graduated licensing programs have shown that easing new drivers into driving by increasing driving privileges gradually works. Signing pledges and creating new driver agreements to ensure that teens do not drive under the influence or while distracted can also be helpful.

4) Limiting the number of passengers in a car. Additional passengers mean additional distractions and each additional passenger increases the risk of a serious Florida car accident, according to many research studies. Unfortunately, teens tend to ferry many passengers, since younger friends are often without a license and car of their own. Parents can insist that teen drivers drive no more than one or two friends at a time to reduce the risk of accidents.

Continue reading " The High Cost of Teen Car Accidents in Florida " »