Florida
Car Accident Lawyer Blog

Currently, Florida is one of only three states with no booster seat laws. Most other states have legislation in place making it mandatory for parents to place children over the age of four in booster seats. California has one of the toughest laws, requiring children over the age of four to use booster seats until they are 4 feet 9 inches high or until they are eight years old (whichever comes first). The car club AAA and legislators have been pressuring Florida to pass a booster seat law, arguing that such legislation would help prevent injuries to children involved in car accidents.

The idea behind age-appropriate safety restraints is based on the premise that car safety systems – including car seat belts and air bags – are designed for adults. In fact, these same safety systems, which can help prevent an Aventura brain injury for an adult victim of a car accident, can be life-threatening to children. Since children are smaller, air bags that deflate in an accident can easily suffocate them or cause head injuries. In an Aventura car accident, seat belts can cut into a child’s neck and cause serious injuries. That is why age-appropriate safety restraints are needed.

However, the laws surrounding child safety restraints can be confusing. Small babies are placed in rear-facing infant car seat. Eventually, a child is graduated to a harnessed rear-facing seat and then to a forward-facing seat. However, when children should move from one restraint system to another is not entirely clear. Car seats are based on height, weight, and the age of a child. Since children grow at very varied rates, a child may exceed the weight measurements for a safety seat but still meet the age and height requirements for a different seat. This can be quite confusing to parents trying to make the safest choice for their children.

Most experts agree that children at some point should be placed in a booster seat. This is a cushion that elevates the child so that airbags and seatbelts cannot harm the child in the event of an accident. Some booster seats also come with backrests and armrests. All models are strapped into the car with the car’s seat belt. However, there is a wide range of disagreement about how long a child should be placed in a booster seat. Georgia has a law requiring all children between the ages of four and eight to be placed in a booster seat while in a car. Some experts, however, argue that children do not fit correctly and safely into an adult seat belt until they are ten or even twelve years old.

An adult seat belt that fits correctly goes across the thighs. If a seatbelt cuts across the stomach, as it does on many children, and the car is involved in an Aventura car accident, the belt can cause internal injuries. The upper part of the seat belt should be positioned across cross the center of the wearer’s chest. For smaller adults and children, the seat belt cuts across the neck, potentially causing life-threatening injuries if the car is in an Aventura traffic accident. A booster seat raises a child so that the seat belt is positioned safely. Models with head rests and back rests also cushion the head and protect it in an accident. According to SafetyBeltSafe USA, correct booster seat use for a child who does not fit correctly into a seat with a seatbelt can help reduce childhood Aventura personal injuries by as much as 45 percent in the event of an accident.

Continue reading "Would Florida Booster Laws Help Prevent Injuries in Aventura 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" »

According to reports and studies by the Traffic Safety Center Hurt Study, up to three-quarters of all motorcycle and car collisions occur because drivers do not see motorcycles in time to prevent a collision. For this reason, the majority of Florida car accidents involving motorcycles are considered highly preventable.

The Florida Motorcycle Safety Campaign and other campaigns like it across the country have been created to help prevent motorcycle accidents. However, they have not been able to prevent the majority of these accidents. Unfortunately, Florida motorcycle accidents disproportionately affect motorcycle drivers. While most passenger car drivers in such accidents are unhurt, motorcycle riders in collisions with cars often become Florida brain injury patients or sustain serious burn injuries, fractures, amputations, or spinal cord injuries.

The financial cost to car drivers is high as well. The Traffic Safety Center Hurt Study reports that less than 10% of motorcycle riders have adequate insurance that would pay for property damage and medical costs in an accident. As well, many Florida motorcycle accidents are deemed to be the fault of the car driver. As a result of both issues, passenger car drivers tend to pay financially for these collisions.

Preventing Florida motorcycle accidents should involve everyone. Motorcycle riders can help by wearing a helmet and obeying traffic laws. Helmets can help prevent serious brain injuries in the event of a collision and increase the chances of surviving an accident. As well, obeying laws is very important. Since motorcycles are more flexible and much smaller, riders need to be extra patient and follow rules rather than trying to weave around stalled traffic and rather than trying to take other risks which can result in an accident. Wearing reflective and highly visible clothing can also help other drivers on the road.

Car drivers, too, have a part to play in preventing Florida motorcycle accidents. Staying extra alert on the road is crucial. Motorcycles, after all, are not quiet or that small. Drivers need to stay alert and aware of all the vehicles they share the road with – including motorcycles, bicycles, emergency vehicles, and other specialized vehicles. Other vehicles may require extra cautious driving or additional distance. For example, drivers may wish to give motorcycles some additional space, in case a rider makes an unexpected move. A little extra room in such a situation can help prevent a serious accident.

Continue reading "Preventing Florida Car Accidents Involving Motorcycles" »

Florida is not currently one of 47 states that has a booster seat law for children 4 years of age and older. However, some proponents of booster seat laws are trying to create just such a law in the state, arguing that the legislation would help prevent serious injuries to children. Currently, a coalition has formed to pass a Florida booster seat law. More than thirty organization are part of the effort to change the legislation.

According to some studies, Florida spinal cord injuries, brain injuries, internal bleeding, and other serious injuries are more likely to be the result when children are involved in a car accident and are not wearing a booster seat at the time of the collision. Under current Florida law, children must use seat belts at age four. There is no requirement to use booster seats.

Some experts claim that the seat belt law is not enough and can actually cause more injuries to children. Since children are not as tall as adults, if they are in an accident and are wearing a seat belt without a booster seat the seat belt can easily cut the child's abdomen and neck. According to some experts, allowing a child to use a seat belt but no booster seat can cause Florida brain injuries, broken necks, paralysis and other life-altering injuries.

Studies that have examined booster seat use and seat belt use among young children have concluded that booster seats give children a better chance of avoiding serious injury in a car accident. Young children who use seat belts but no booster seats are four times more likely to experience neck or head injuries when compared with children who do use booster seats. Young children who use seat belts without booster seats are also three times more likely to sustain an injury to the abdomen in a car accident, when compared with young children who are properly restrained with both seat belts and a booster seat. Some experts believe that as many as 4000 emergency room visits can be prevented each year if children between the ages of 4 and 8 wore booster seats.

Proponents of a booster seat law also note that the law could help the state save money. Children who are injured in a Florida car accident may require long term medical care, typically covered by Medicaid. Since booster seats cost only $30 but can help prevent thousands of accident injuries, they could potentially save the state millions of dollars.

Continue reading "Could Booster Seat Law Help Prevent Injuries in Florida Car Accidents?" »

According to the Florida Department of Highway Safety and Motor Vehicles, the number of fatal Florida car accidents in 2010 represented a thirty-year low, even though the population of the state has doubled. In 2010, Florida saw a 5% decrease in fatal car accidents, according to the Florida Department of Highway Safety and Motor Vehicles. 2009 saw 2,563 fatal Florida car accidents while 2010 had only 2,430.

Despite the good news, the Florida Department of Highway Safety and Motor Vehicles warns that car accidents are still the leading cause of death for Florida residents between the ages of 5 and 34. Despite this, experts at the Florida Department of Highway Safety and Motor Vehicles believe that a number of factors have caused lower numbers of accidents:

1) Seat belt use. According to the Florida Department of Highway Safety and Motor Vehicles, more motorists are using seat belts. This is key in preventing fatal car crashes, according to experts, since seat belts help prevent serious Florida brain injuries and spinal cord injuries in an accident, making accident victims more likely to survive accidents.

2) Stricter laws. Florida has passed many new laws over the past thirty years to help prevent Florida drunk driving accidents and other types of accidents. Penalties for DUI, for example, have increased while new laws have been implemented to help stop aggressive driving and dangerous driving.

3) Awareness programs. The Florida Department of Highway Safety and Motor Vehicles as well as local law enforcement have a number of awareness programs to raise knowledge about seat belt use, drunk driving dangers, and other important driving rules. Awareness programs are important in reminding drivers to stay safe. In many cases, law enforcement agencies combine awareness programs with enforcement programs designed to catch and remove dangerous drivers from the roads.

Continue reading "Did Seat Belt Use Mean Fewer Florida Car Accidents in 2010?" »

Most Florida car accidents result in some injuries, and a disturbing number of these accidents result in serious accidents. Car accidents are responsible for a large number of Florida brain injuries, whip lash, spinal cord injuries, leg injuries, and trauma. The most common injury is whiplash, while brain injuries are the most common type of Florida car accident injury likely to result in fatalities. While virtually all car accident victims are taken to hospital shortly after an accident, some injuries are not visible right away. Symptoms that some Florida brain injury victims have, for example, can take hours or even days to develop.

The first step in recovering from a Florida car accident is to seek medical attention. If you have hit your head, especially, it is important to visit an emergency room. Some closed-head trauma can be fatal but does not always present symptoms at once. Even if you have no obvious symptoms immediately, you could have suffered a serious personal injury, so prompt medical attention is important. It could save your life.

The second step in recovering from a Florida car accident is to continue to get medical attention. Follow up with your doctor if you have sustained any injury. As well, keep records of your injury. For example, note any symptoms and doctor’s directions, so that you can focus on recovering fully. Documenting your injuries is also important for insurance purposes.

Unfortunately, a large part of your recovery from a Florida car accident depends on money. Your insurance and financial situation can determine the quality of medical care you receive and can determine how well you recover financially from your accident. If you are having trouble with your insurance company or if you believe that another motorist was negligent and caused the accident, it is important to talk to a good Florida personal injury attorney soon after your car accident – certainly before you sign anything.

A good attorney can be important in helping you recover. He or she can help you understand your legal rights and options, so that you can make the best decisions possible in your situation. He or she can also investigate the causes of your accident, find all liable parties, and negotiate with your insurance company. This can help ensure that you get a fair claim amount so that you can afford the best medical care possible.

Continue reading "Recovering From Florida Car Accident Injuries " »

Many Florida brain injuries are caused by car accidents, Florida truck accidents, and other types of traffic accidents. The sheer force of a motor collision can cause the head to ricochet forward and backwards, causing injury. In some accidents, the victim is thrown about so violently that their head comes into contact with surfaces inside the car. In cases where a victim is not wearing a seat belt, the victim may be thrown about the inside of a car or even ejected, causing even more serious brain injuries and other types of injuries. Many Florida spinal cord injuries, for example, are caused by patients being thrown through the windshield during a car accident.

Just as there are many types of car accidents, there are also many types of traumatic brain injuries which can be caused by a car accident:

1) Diffuse Axonal Injuries. These injuries occur when a patient is shaken violently. Since the brain is a soft mass, it moves much more quickly than the exterior skull, and this leads to tears and injuries to the brain structures. When brain nerve tissue is torn, chemicals from the brain are sometimes released, causing even more serious injury. In this type of injury, the chemical and communication processes of the brain cannot work correctly, leading to brain damage, coma or even fatalities.

2) Concussions. Concussions, considered complex neurobehavioral syndromes, can occur either as a direct blow to the head or as a result of very violent shaking of the head. Among traumatic brain injuries, this is the most common injury. Concussions can be difficult to diagnose because CAT scans cannot always discover a concussion and patients have different symptoms. Some patients, for example, lose consciousness for up to twenty minutes while others remain awake. In some cases, concussions can also include brain swelling, bleeding, or fractures of the skill. Some concussions can be effectively treated while others can cause permanent brain damage.

3) Contusions. This type of injury is caused by a direct blow to the head. This type of traumatic brain injury effectively causes a bleeding bruise on the brain. In cases where a large contusion forms, surgery may be needed to remove it.

4) Coup-Contrecoup Injury. These injuries are contusions – a bleeding bruise on the brain – but ones which occur at both sides of a brain. Coup-Contrecoup occur when a violent blow to the head causes a bruise where the head is impacted and a second bruise on the opposite side of the brain, where the brain bounces off the hard skull.

5) Recurrent Traumatic Brain Injury. This type of injury occurs when a person who is recovering from one brain injury sustains a second injury. A second injury before the brain has had a chance to heal usually means more damage as well as swelling of the brain. A second injury can cause death quickly, so this is considered a medical emergency, even if the second brain injury seems less serious than the first. Symptoms of recurrent traumatic brain injury can include hallucinations, emotional problems, muscle spasm or contractions, and difficulty learning or thinking clearly.

6) Penetration Injury. If a blunt object penetrates the skull during a Florida road accident, this is known as a penetration injury. This type of injury pushes bone, the object itself, skin, and hair into the brain, causing severe damage.