Florida Car Accident Lawyer Blog

Miami car crashes claim many lives and cause a devastating array in injuries, including many permanent and life-threatening injuries. As the percentage of elderly persons grows, senior citizens are more likely to be affected by the high numbers of Miami car accidents. According to the National Highway Traffic Safety Administration (NHTSA), 13% of the total US population in 2009 were aged 65 years or older. Senior citizens comprised 16% of car accident fatalities and 8% of injury victims in car accidents in 2009. According to the NHTSA, senior drivers are less likely than the rest of the population to be involved in drunk driving accidents and are more likely to the be the struck vehicle in a car accident. Despite this, there are still some reasons why car accidents claim so many senior citizens’ lives:

1) The growing number of senior citizens. With improved quality of life and medical care, more Americans are living longer. This is a great thing, but it can also mean more people who are seniors – and a growing demographic at risk. In Florida, especially, there are many senior citizens, attracted by the state’s climate and lifestyle. This is one reason why a number of Miami car collisions involve senior citizens.

2) The changing nature of the roads. Over the past few decades, a number of initiatives have been designed to make roadways safer than ever before. At the same time, however, the roads are increasingly complex and congested, increasing the risk of accidents.

3) Medical issues. Any driver can suddenly develop medical problems that can affect driving ability. However, elderly drivers are especially prone to some medical problems, including age-related macular degeneration (AMD) and dementia, which have subtle symptoms but which can significantly impact driving safety. Conditions such as these can be hard to detect at first, even as they affect a patient’s ability to drive safely.

4) Senior citizens may be more likely to walk. In many cities, senior citizens are more likely to be injured in a pedestrian accident than other adults. Part of the reason why seniors are at risk for Miami pedestrian accidents is because seniors often take part in walks for fitness or may rely on walking as a mode of transportation, potentially putting them more at risk. Seniors who have mobility problems are especially at risk for pedestrian accidents and Miami slip and fall accidents while walking.

Unfortunately, seniors may suffer more serious injuries as a result of traffic accidents. Since seniors are more likely to suffer from conditions such as osteoporosis, bone breakage caused by a car accident may be more likely in the senior population. As well, the elderly may be more vulnerable to complications as a result of their injuries and may take longer to heal from brain injuries and other injuries sustained in car accidents. Underlying conditions and overall condition can mean that healing simply takes a long time.

Continue reading " Elderly Victims in Miami Car Collisions " »

Some medical conditions can make drivers unfit for the road. There are measures in place to ensure that drivers who have seriously and potentially dangerous medical conditions can be reported by their doctors and can have their licenses revoked. Each year, across Florida, thousands of drivers have their licenses revoked to ensure that they are not a threat on the roads. The aim of this policy is to ensure that preventable Miami car accidents and Florida traffic accidents in general do not occur because of a known medical condition.

According to the American Association of Motor Vehicle Administrators and other groups, however, some known drivers with unsafe medical conditions are getting behind the wheel – and it is putting drivers across the state at risk. In the past few months, at least two fatal accidents in the Tampa area alone have been caused by known medical conditions.

Under Florida law, drivers who have had their licenses revoked due to medical reasons have the right to submit medical reports in order to get their licenses re-instated. Cases can be reviewed by a medical board and doctors can submit regular reports to ensure that someone is not deprived of a license because a condition that is under a control and therefore no longer a threat. However, some experts say that the system is far from perfect.

According to the American Association of Motor Vehicle Administrators, some drivers may underreport systems or downplay the extent of their illness in order to get a license reinstated. Other drivers may notice dangerous symptoms but never go to a doctor, so that their license is never revoked in the first place. In some cases, drivers have chosen to alter their names in order to obtain a new license after theirs was revoked for medical reasons.

With the number of licenses revoked for medical reasons on the rise, this is becoming a serious issue in Florida. In 2000, the number of Florida licenses revoked for medical reasons was 3559. In 2010, the number was 7716, more than double. According to the Florida Department of Highway Safety and Motor Vehicles, many of these revocations occur due to illnesses such as cardiac illness, seizures, dementia, and strokes. About half of licenses revoked are revoked due to these types of illnesses while the remaining half are largely due to addiction-related illnesses and drunk driving accidents.

It’s a sensitive issue, especially with growing numbers of elderly Miami drivers being diagnosed with illnesses every year. Many argue that revoking licenses limits mobility and independence, especially in cases where a person’s ability to drive is not tested and may not even be affected. As well, most patients usually receive care to help control symptoms. In most states, drivers who have not had symptoms for six months and patients who submit to treatment for their conditions are allowed to apply for reinstatement of their licenses. Some argue that this is the best way to give everyone freedom. Others argue that the reinstatement process is too lax and relies too heavily on patient and doctor honesty. If patients are not honest about their treatment and condition, Miami traffic accidents can result.

Continue reading " Medical Conditions Can Lead to Miami Car Crashes " »

Any holiday season can mean a risk of Miami car accidents. As more people celebrate a holiday and imbibe, accidents do happen. To ensure that this Thanksgiving is a safe one for you and your family, follow these tips for safe holiday driving:

1) Have a plan to get home safely if you choose to drink. Miami drunk driving accidents, unfortunately, do occur during many holidays, in part because more people drink during festive celebrations. Whether you intend to drink or not, it is safest to at least consider a few options for getting home safe. Find out about hotels in your area, write down the numbers of taxi companies, or designate a driver. Make the commitment now to avoid driving drunk.

2) Have a plan to get guests home safely if you plan on drinking. If you are hosting a Thanksgiving dinner, make sure that you have a plan for getting everyone home safely if you choose to serve alcohol. Consider making extra beds available for overnight guests, have designated drivers, or have cash on hand for taxis. As a host, you have a responsibility to ensure that your guests are not in a Miami car accident because they have been drinking and driving.

3) If you are traveling to a Thanksgiving event or dinner, plan well in advance. Plan your route and check for weather problems or road closures along your designated route. Pack your car in advance and make sure that you leave mobile devices off while you drive. Holiday driving is stressful enough, and distracting yourself with a mobile device can easily lead to a tragic Miami pedestrian accident.

4) Use extra patience on the roads during Thanksgiving. Give yourself extra time to get to your holiday destinations. Speeding leads to many Miami truck accidents and car crashes each year and rushing can lead you to make mistakes – which can be deadly on busy Miami roadways. Giving yourself extra time also reduces your stress levels and reduces your risk of road rage and distraction.

5) Consider leaving your car at home this Thanksgiving. If you have a long way to drive, it can be safer to travel by plane, train, or bus. Long drives can lead to fatigued driving and highway hypnosis, especially if you are already tired and stressed at this time of year. A long drive can also be especially dangerous for Miami drivers, especially if you are used to driving in Miami and need to drive into a wintery state to celebrate with family. If you are not prepared for winter driving and do not have snow tires, avoid driving to any destinations with snow.

6) Make sure your car can handle holiday driving. If you need to drive to family events this Thanksgiving, give yourself the gift of a holiday car tune-up. Making sure that your tires, brakes, and other systems are in good condition reduces the risk of your car breaking down en route. Having a car that handles correctly can also help you avoid a Miami car collision in many cases.

Continue reading " Steps to Take to Avoid a Thanksgiving Miami Car Accident " »

Miami car accidents occur in the city every day, and unfortunately some of these collisions have a long-term or even life-long impact on victims. In some cases, Miami traffic accidents can cause permanent injuries or severe financial distress for those who sustain serious burn injuries, brain injuries, and other serious injuries in the crash. According to experts, there are several things you can do after a Miami accident to protect yourself:

1) Do the right thing immediately after the accident. Stay at the scene of the accident, call for emergency help for anyone who needs it, and get the contact information for every driver involved and for any witnesses at the scene. If you have a phone camera, take photos of the scene and the damage as well. Call authorities if the accident is significant or if anyone is hurt.

2) Know that you have a choice about towing and mechanics. If police arrive at the scene, they may recommend a tow service if your car is too damaged to drive. To reduce costs, however, you do have the right to choose your own service. As well, while your insurance company may recommend a mechanic, you also have the right to take your car in to any qualified mechanic you wish.

3) Get medical care – just in case. If you have whiplash or any injuries that do not manifest themselves right away, it is best to start documenting and to start getting medical treatment right away.

4) Call a qualified Miami personal injury attorney first. This should be one of the first calls you make. Many victims call their insurance carrier first, but calling an attorney ensures that your attorney can start gathering evidence in your case right away. Calling a good attorney first also ensures that you have someone to work on your behalf, negotiating with your insurance carrier and reading over documents before you sign them. As well, keep in mind that there is a statute of limitations if you do decide to pursue a legal claim following a Miami drunk driving accident or car accident. The sooner you speak with an attorney, the sooner you can file your claim and the more chance your attorney has of gathering important information to support your case.

5) Keep as many records as possible. The more information you have on paper, the better. Taking photos of your injuries, keeping a journal of your injuries, and costs and keeping careful records of anything is invaluable in case you decide to file a claim. Even if you decide not to pursue legal action, proof of your injuries and your case may be required by your insurance company, so keep records – and don’t toss them out when you get better. You may need them years after the fact.

6) Assemble a team you trust and follow their directions to the letter. If you have been injured, find a terrific Miami car accident attorney and an excellent doctor. Follow their instructions carefully and follow up with these professionals regularly. Both these professionals can help you heal from your injuries and can help you face a brighter future – but only if you cooperate.

7) Be very, very honest. Exaggerating injuries or being dishonest about existing conditions can be very harmful. Due to the risk of insurance fraud, insurance carriers frequently hire private detectives to investigate claims. Since Florida and Miami lead the nation in fraudulent car insurance claims, claims from the state may be met with special scrutiny.

Continue reading " Have You Been in a Miami Car Collision? Here Is What You Need to Know " »

Like all Florida cities, Homestead sees its fair share of car accidents. However, Homestead rollovers are among the deadliest types of car accidents. According to the NHTSA, rollovers account for only 3% of all accidents but account for almost 33% of all passenger car accident fatalities. Rollovers are particularly dangerous because they increase the risk that passengers will be ejected from the vehicle or will be violently thrown against the inside of the vehicle. These types of accidents are also more likely to result in massive vehicle damage and in Homestead brain injuries when compared with Homestead rear-end crashes and side swipe accidents.

Homestead car accidents involving rollovers are likely to only increase as more people invest in top heavy cars such as vans and SUVs. However, according to the NHTSA and other experts, there are many things that can be done to help prevent Florida rollovers:

1) Wear your seatbelt. According to the NHSTA, 72% of all passengers killed in rollover accidents were not wearing seatbelts. Safety belts keep you in place in a rollover, ensuring you are not ejected and reducing the risk that your head will impact with the roof of the car when the vehicle rolls over. Safety belts dramatically improve your chances of surviving any Homestead car accident – including a rollover – so be sure to buckle up.

2) Don’t get complacent about your car. Vans, SUVs, and trucks are more likely to rollover because they have a higher center of gravity. However, even if you drive a passenger vehicle, such as a sedan, that does not mean that you are not at risk of a Homestead rollover. In the right conditions, virtually any car can rollover.

3) Avoid off-roading. Any uneven surface increases your risk for a rollover, so avoid heading off the road.

4) Drive away from the shoulder – and be wary of narrow roads. According to the NHTSA, 95% of rollover accidents involving a single vehicle are what are known as tripped rollovers. This type of rollover occurs when a vehicle leaves the road and tires come into contact with curbs, soft soil, or a guardrail. This can cause a rollover, especially if the vehicle is traveling fast and if the driver tries to overcorrect or over-steer in order to get back on the road. Tripping rollovers can also occur on very steep grades of road.

5) Avoid sudden maneuvers when driving quickly. In less than 5% of cases, rollovers are un-tripped rollovers. These crashes occur when a car does not strike something or roll down a steep hill. Most un-tripped rollovers involve top heavy cars, such as vans or SUVs, and most of these accidents occur when drivers traveling at high speeds make sudden maneuvers in order to avoid a collision.

6) Avoid high speeds. Your risk of a serious or fatal Homestead car accident or rollover is much more likely when you speed. Speed reduces the response time you have to avoid an accident and increases the damage to your vehicle in the event of an accident.

Continue reading " Why Rollovers are the Deadliest of Homestead Car Accidents – And How You Can Improve Your Chances of Survival " »

Many Homestead visitors and residents choose to buy passenger vans. Indeed, in recent years vans have become extremely popular. They offer more loading space for grocery trips, and they are very popular with families, as they provide added room for children and passengers. Unfortunately, passenger vans can also lead to increased risk of Homestead car accidents. Vans handle differently and have a higher center of gravity than most passenger vehicles, potentially making them riskier for rollovers and other problems. According to the National Highway Traffic Safety Administration (NHTSA), there are several things that drivers can do to make their vans safer:

1) Gradually get accustomed to your passenger van. These vehicles are wider, higher, and longer than most passenger vehicles and handle very differently. You will rely on your mirrors more and have more blind spots than a driver with a sedan. It will take you longer to brake and more space to park or change lanes. This will take some time to get used to. According to the NHTSA, inexperienced drivers are more likely to be in a van accident. When you first get your van, give yourself plenty of time to get accustomed to the new vehicle before you go ahead and pack it with passengers or cargo. Take your van on frequent rides along less busy streets in order to familiarize yourself with the car. This will reduce your chance of being in a Homestead pedestrian accident or traffic accident.

2) Reduce your risk of rollovers. Vans have a higher center of gravity, making them more of a risk for Homestead rollover accidents. You can reduce your risk of rollovers by getting proper training for your passenger van, by driving without speeding, by avoiding distracted driving, and by loading your car carefully.

3) Maintain your passenger van correctly. Poorly maintained vans are more likely to be in a rollover. Take your can in for required tune-ups, especially if you notice any problems with the way your van handles.

4) Make sure you know who is driving your family in passenger vans. Passenger vans are often used by organizations. If your children are going on a camping trip or to a school event, for example, they may be riding in a passenger van. Ask questions and make sure that the driver in charge of the van has adequate experience with that type of vehicle.

5) Check your tires often. If you own a passenger van, make sure that the tires are properly aligned, not worn down, and properly inflated. Since vans tend to carry larger loads and more passengers than most passenger vehicles, they can place more stress on tires, putting you at risk of a Homestead tire blowout. Poorly maintained tires can also put you at a higher risk for skids, slides, and rollovers, so check your tires before every trip.

6) Don’t carry more items or passengers than your passenger van allows. Check the Gross Vehicle Weight Rating for your van and be sure to follow the guidelines. Overburdening your van makes it far more likely that you will be in an accident or that your tires will blowout. In addition to carrying less, make sure that every item in your car is properly secured. In the event of a Homestead car accident, any heavy items in your passenger van will become projectiles, increasing your risk of head injury, broken bones, and even fatal injuries.

7) Wear your seat belt. If you are in a Homestead truck accident or car accident, wearing your seatbelt can dramatically improve the chances that you will survive the crash. In all too many accidents, fatalities and permanent injuries occur when a passenger is ejected from the vehicle. Staying inside and secured with a safety belt is your best chance of survival. Even on short trips, buckle up before you start the vehicle.

8) Check safety issues with your van. Some vans have better safety records than others. If you're in a Homestead car accident caused by a manufacturer defect, you may have a Homestead products liability case. However, it is better to know about such defects and problems before you make any purchasing decisions. Compare different bands and safety features to select the safest van you can. Once you have purchased your vehicle, keep up to date with recalls and safety notices so that you can get any issues resolved before they result in an accident.

Continue reading " Homestead Car Accidents with Passenger Vans " »

Many people associate rollover accidents with Miami truck accidents, but rollovers can occur with virtually any type of vehicle. In fact, many passenger cars are involved in Miami rollover accidents every day, especially as customers have become more interested in vans, SUVs, and other larger vehicles that have a high center of gravity. In the right conditions, virtually any type of passenger vehicle can roll over.

Unfortunately, rollovers can be among the most deadly and dangerous accidents on Miami roads. During a rollover, passengers and any unsecured cargo in the vehicle are generally tossed around violently. Any unsecured cargo can easily come flying at passengers at high speeds, causing Miami brain injuries, broken bones, and even fatal injuries. As well, many passengers in these types of accidents may be ejected from the vehicle, causing even more injury. Rollover accidents also increase the likelihood of multiple vehicle accidents and car fires, making these crashes even more deadly.

The National Highway Traffic Safety Administration (NHTSA) recommends that drivers take several precautions to reduce the risks of these types of accidents:

1) Wear a seatbelt. According to the National Highway Traffic Safety Administration, seat belt use is one of the most important factors in determining injury and survival rates in an accident. According to the organization, passengers who wear seat belts are 75% more likely to survive a rollover accident, because in most traffic accidents of this kind, fatal injuries occur when passengers are ejected from the car.

2) Load your car carefully. Consult your vehicle’s manual to determine how much your car can carry and stick to that limit. If you use a roof rack, be especially careful about how much weight you place on top of your car, as excess weight on a roof rack can change the center of gravity of your car and actually increase your risk of an accident. As well, make sure that you secure everything in your car, including laptops, tools, and any heavy items. In the event of an accident, this prevents the items from becoming dangerous projectiles.

3) Be especially wary on highways and rural roads, where the risk of rollovers are higher. Any narrow road, curvy road, or high-speed road leaves you less of a margin for error.

4) If one of your tires goes off the road, avoid overcorrecting. Panicking and overcorrecting or over-steering increase the likelihood that you will be in a rollover. If one of your car tires goes off the road, it is best to gradually reduce your speed and gently ease your tires back onto the pavement.

5) Keep yourself focused on driving. According to the NHTSA, the most common reasons for rollover accidents are fatigued driving, drunk driving, and speeding. Drive only when you are in good condition to do so. Do not add to the statistics about Miami drunk driving accidents and fatigued driving accidents.

6) Keep your tires in good condition. Incorrectly inflated or worn tires can cause you to go into a slide, which can increase the chances of a rollover. Check your tires regularly and replace them as needed. Poor tire maintenance can lead to Miami tire blowouts and other problems that can cause a rollover.

Continue reading " Surviving a Miami Rollover Accident " »

According to an AAA review of 2009 traffic accident data, car accidents and other road accidents cost the US $299.5 billion in 2009. That represents a doubling of the cost of 2005 crashes. According to the AAA, Miami car accidents as well as accidents in Chicago, Los Angeles and New York reported the highest number of injuries. Miami can also be one of the most expensive places for car crashes. According to the AAA, the per-resident cost of car accidents in Miami-Fort Lauderdale is $2,016, which is higher than the costs in San Francisco and all other large cities. There are many things that contribute to the high costs of Miami automobile crashes:

1) More congestion. As a larger city, Miami sees quite a lot of foot traffic, bicycles, motorcycles, trucks, cars. With all of these travelers sharing the road, it is no surprise that Miami sees quite a few Miami pedestrian accidents, bicycle accidents, and other traffic accidents. Where there is congestion, tempers tend to flare, and a larger concentration of vehicles and travelers can increase the risk of Miami car accidents and other traffic accidents.

2) Higher living costs. The cost of living in Miami can be higher, which can mean that the impact of income loss after a Miami truck accident or car accident may be more keenly felt. Trying to get by on savings, personal loans, or credit cards after a Miami traffic accident can be much harder, simply because there are higher costs to contend with.

3) Higher numbers of car accidents. Miami sees more traffic crashes than a smaller city, and the larger number of accidents increases the risk and also the insurance costs for everyone.

4) High speed areas. Miami has many overpasses, freeways, and high-speed roads in order to facilitate traffic movement. Unfortunately, high-speed areas can also mean more high-speed accidents, which tend to be accidents leading to fatalities and more serious injuries.

5) Insurance fraud. Unfortunately, Miami has the dubious distinction of being home to large numbers of insurance fraudsters. In fact, Florida leads the nation for insurance fraud. Insurance fraud delays insurance payout claims for even legitimate cases, as all claims coming from Florida are treated with a degree of suspicion. As well, insurance fraud increases the cost of insurance and car accidents for all Florida motorists.

6) A high number of fatal car accidents. According to the AAA, an average fatal car accident costs $6 million. The AAA considers the costs of accidents by tabulating property damage, lost income, medical expenses, reduced daily or household activities, costs of emergency services, traffic delays, rehabilitation, lost work productivity, legal and administrative expenses, lost quality of life, and pain.

According to the AAA, reducing the cost of accidents begins with reducing the number of accidents. The AAA suggests adding modern roundabouts and placing barriers on two-way roads to prevent accidents. In addition, the AAA promotes the use of rumble strips to reduce the toll of traffic accidents.

Continue reading " The High Costs of Miami Automobile Accidents " »

If you have been in a Miami pedestrian accident or car accident, you may consider yourself lucky if you have sustained no serious injuries. After all, Miami car accidents and traffic accidents are among the leading causes of injuries in the city. However, while injuries are catastrophic and can lead to months or even years of anguish and medical bills, property loss in Miami car accidents is also a serious problem. Even if you walk away from a car accident without a scratch and are incredibly lucky to suffer no injuries, the property loss involved in a Miami car accident can still lead to considerable costs:

1) The repair costs of your car. If your car can be repaired, the costs of repairs can easily add up to hundreds or thousands of dollars. You need to ensure that your insurance carrier covers all the costs of repairs, including the costs of follow-ups with your mechanic.

2) The financial impact of losing your car. In addition to losing your car or having your car totaled, not having a car can be expensive. For example, you may need to pay for a rental car or for taxis in order to get around while your car is being replaced or repaired. This can add up substantially, especially if you have a long commute to work every day.

3) Replacement costs. If your car is beyond repair, the costs of replacing a car can be substantial. Simply replacing the current value of your car is not enough, as the current value of your car will not likely get you a similar vehicle.

4) The impact of loan payments. Even while you do not have use of your car, you may need to continue to make loan payments if you have financing on your vehicle. If you have a leased vehicle, the accident may affect your ability to turn in your vehicle at the end of your lease period. Your costs, furthermore, will remain the same even if the value of your vehicle plummets because of the accident. Even if your car is worth substantially less because of the accident or even if your car is totaled, you will still owe loan or lease payments, which you will need to continue to make. It is important to ensure that insurance covers these costs, or these costs will be coming out of your own pocket.

5) Diminished value for your car. Even if you are in a minor accident and are able to repair your car, you need to be aware that your car will be worth less. If you decide to sell your car at some point, the fact that it has been in a car accident will reduce the value you can expect to recoup. Insurance carriers will not usually pay for diminished value, but this can cost you hundreds or even thousands of dollars in lost money if you need to sell your car. A qualified Miami personal injury attorney can work to ensure that these types of costs are at least partly covered with a fair settlement offer.

6) Insurance costs. Once you have been in a Miami traffic accident, you can expect your insurance premiums to increase – increases that may last for years or a lifetime.

Continue reading " Property Loss in Miami Car Accidents " »