Florida
Car Accident Lawyer Blog

According to an investigative report by the Sun Sentinel, at least 21 people in Florida have been seriously injured or killed by speeding police vehicles since 2004. In some cases, the speeds do not seem justified. In 2008, 20-year-old Erskin Bell Jr. was left severely brain damaged when a police car rear-ended his vehicle at 104 mph. A subsequent investigation showed that the police officer behind the wheel, Mark Maupin, was not responding to a call and was not taking part in a pursuit when he lost control of his police car. Maupin had a history of accidents and speeding violations on the job, but after the Bell accident the only punishment he received was to lose his license for 90 days. Maupin was also injured in the crash.

According to the Sun Sentinel investigation, seemingly unnecessary speeding is one of the most disturbing trends when it comes to Florida car accidents involving police cars: in most of the 21 cases involving a serious car accident with a police car, the officers involved were responding to a routine call or were simply driving too fast. In most cases, they were not speeding due to an urgent situation. The investigation also found that police officers involved in these 21 accidents tended to face low criminal sentences, ranging from no jail time to no more than 60 days in jail, even when the car accidents they caused were fatal.

The problem of speeding police cars also causes a heavy toll for police officers. Of the people killed by police cars between 2004 and 2011, seven were police officers. In some cases, their vehicles were traveling as much as 61 mph above the posted speed limit at the time of the accident. Obviously, the Sun Sentinel report is disturbing, as many of these accidents that lead to serious accidents appear to be highly preventable.

There is no doubt that law enforcement personnel do a terrific job in keeping communities safe. They work tirelessly to uphold the law and help individuals. In many cases, they risk their lives for others. In some situations, police officers and other emergency vehicles do need to speed. If they are chasing someone who is dangerous or trying to get to a life-threatening situation, speed of course can save lives. And emergency responders do get special training to ensure that they do get to emergency situations quickly in order to save lives.

At the same time, when families lose loved ones due to the situation described by the Sun Sentinel, these types of losses can be devastating and angering. These accidents can cause serious injuries, including Fort Lauderdale brain injuries, spinal cord injuries, and fatalities. In many cases, victims who have been injured by emergency responders face tremendous challenges when it comes to recovering compensation for injuries and other costs. Community governments and their employees are protected and have teams of experienced attorneys working for them. If you have been injured in a Fort Lauderdale car accident, it is important to speak with a qualified Fort Lauderdale personal injury attorney who can defend your rights and can seek compensation for your injuries, so that you do not have to bear the burden of medical costs and other expenses yourself.

Continue reading "Fort Lauderdale Car Accidents Involving Police Cars" »

There are few things more intimidating than being in a hit and run accident. One minute you are driving to your destination and the next minute you have been in a Cooper City car accident. Before you can exchange information, the other driver is gone, leaving you shaken and frightened. If you are in this situation, there are several things you need to do:

1) Get immediate medical help for yourself or anyone who is injured. Your first priority should be to get immediate medical attention. Some injuries, such as severe blood loss and Cooper city spinal cord injuries require immediate medical assistance or they will become fatal. Call 911 and get medical help. Be sure to keep a copy of any medical records or emergency room records if you can, as this can help you document your injuries and prove your injuries if your case goes to trial. Even if you do not think you are injured, it is a good idea to see a doctor within a few hours of your accident, just to rule out injuries. Some common injuries, including Cooper City brain injuries, may not show immediate symptoms but may be fatal if left untreated. It is always better to err on the side of caution when it comes to your health.

2) Write down any facts that you remember about the accident and take photos of the scene if you can. If you remember any details about the hit-and-run driver or their car, write this down before you forget. If you can, take pictures of the immediate area with a cell phone camera or a camera. The more evidence you gather, the more information attorneys and investigators will have.

3) Get the contact information of any witnesses at the scene. Witnesses may have seen something that you didn't, and can help you find the hit-and-run driver who has injured you.

4) Report the incident to police. Leaving the scene of a Cooper City traffic accident is a crime and it is punishable by law. Even if your car was parked when the accident took place, the other driver is obligated to leave contact information on your vehicle. As with your medical records, get a copy of the police record if you can, as this can help you document your case. Police authorities can help you investigate the accident and may even be able to help you find the hit-and-run driver who has injured you. This can be especially important in ensuring that the same driver does not injure other people in a Cooper City car accident again.

5) Contact a Cooper City personal injury attorney with experience in hit and run accidents. Contacting a personal injury attorney is important, as attorneys can work with private detectives to further the investigation into your case and increase the chances that the hit-and-run driver will be caught. A Cooper City personal injury attorney can also help represent you, can help you navigate the insurance claim process, and can generally ensure that anyone who is liable for your accident is held accountable so that you do not have to pay all the costs of your accident yourself.

6) Contact your insurance company. Depending on your coverage, you may be covered for hit-and-run accidents and underinsured drivers. Contact your insurance company to find out whether you are covered in part or in full for the costs of your accident. If you have retained the services of a Cooper City personal injury attorney, your attorney can also help advise you on the best way to proceed with your insurance company, which is another important reason to retain the services of an attorney in hit-and-run cases.

Continue reading "What To Do if You are in a Hit and Run Cooper City Car Accident" »

While Miami car accidents are one of the leading causes of fatalities for children and teens in the city, parents need to worry about much more than just Miami traffic accidents. Miami children and minors are subject to many car-related injuries, although the good news is that many of these injuries are preventable:

1) Hyperthermia / Heatstroke. While children in Miami rarely need to worry about hyperthermia, heatstroke is a serious concern for children left in the unforgiving Miami heat in a car. Even leaving a child alone in a car for a few minutes can be dangerous, as on a hot day the temperature in a vehicle can quickly reach dangerous levels. The obvious solution is to never leave a child unattended in a car. However, with parents more busy than ever before, it is also important to routinely check the back seat of a car before walking away. Unfortunately, there have been a number of tragic cases where a parent has simply forgotten a child in the back seat of a car.

2) Backovers. Small children sometimes play in driveways or near cars, and smaller children may not be visible to drivers who are backing up. Each year, tragedy strikes when children in this situation are hit and killed or seriously injured. In many cases, it is a parent or family member who injures the child, further adding to the pain and suffering of the family. Today, there are devices which can be installed in most cars which show the driver exactly what is behind the vehicle so that these types of Miami pedestrian accidents do not take place. In many cases, these devices are less than two hundred dollars and can help save a life.

3) Power Windows. Children who play with power windows can easily get their hands or other body parts stuck in the window, causing broken bones and other injuries. Newer models of cars have child-safety locks and windows to keep children in the back seat safe.

4) Seat Belt Entanglement. In the event of a Miami truck accident or car accident, a seat belt can save your life – if you are an adult. Unfortunately, for children, seat belts can be very dangerous. They can wrap around a child’s body and cause injuries. They can also cut into a child’s neck and head, causing injuries. For these reasons, it is important to put children in age-appropriate child restraints.

5) Vehicle Rollaway. Rollaway usually occur when a child accidentally disengages a parking break, causing the car to roll. This is another important reason to never leave children unattended in a car. Keeping children in the backseat of the car can also ensure that they cannot touch anything on the dashboard that can affect the car itself.

6) Trunk Entrapment. Trunk entrapment occurs when children climb into a trunk – often while playing – and become stuck. If children are not found in time, they can suffocate or suffer hypothermia or heat stroke. Most newer cars have trunk release levers in the trunk. These can usually be installed on older models. To prevent truck entrapment, it is also important to lock the trunk of your vehicle when the vehicle is not in use.

Continue reading "It’s Not Just About Miami Car Accidents: Preventing Common Childhood Car-Related Injuries" »

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" »

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" »

For many motorists in Miami, car accidents are just not a daily consideration. Many motorists assume that as long as they drive safely, their risk of being in a car accident is quite low. Unfortunately, each day, Miami truck accidents and car accidents occur to even good drivers. Statistics show that the longer a motorist is on the road, the greater their chances of being in a car accident. Since Miami is a large city with a large volume of traffic, unfortunately, the risk of Miami car accidents and traffic accidents is that much larger.

One problem is that many motorists drive far less safely than they believe. Driving while under the influence or driving while distracted can lead to a car accident – no matter how strong a driver you think you are. It is important for motorists in all cities, especially large cities like Miami, to ensure that they are driving as safely as possible. This means shutting off all mobile devices before getting behind the wheel. It can also mean occasionally taking refresher courses or getting driving skills reevaluated as necessary to ensure that you are still doing everything you can behind the wheel in order to stay safe.

Unfortunately, even being an extremely safe driver does not guarantee that you will never be in a Miami car accident. Even if you drive safely, other motorists may take risks that result in a car accident. Even if you do not drink, for example, other motorists may make poor decisions that lead to Miami drunk driving accidents that affect your vehicle as well. Learning to drive defensively is one way to ensure that you can respond quickly to avoid a collision. However, even defensive driving and excellent driving skills will not prevent all accidents.

In addition, Miami has the unfortunate distinction of being one of the cities with the highest rate of staged car accidents. Insurance fraud is unfortunately on the rise in Miami, and this means that criminals choose to get innocent motorists involved in car accidents by rear ending them, by breaking suddenly, and by engaging in other reckless behavior in order to make false insurance claims. Unfortunately, if you're targeted by an insurance fraudster, you could still sustain a serious car accident and serious injuries.

For all these reasons, it is important for all Miami motorists to be prepared for car accidents at all times. This means that you should have adequate insurance coverage, and you should have an emergency kit in your car. Your emergency kit should contain a disposable camera for taking photos of the scene, a pen and paper for taking down insurance information and contact information from the other driver, and a first aid kit that allows you to treat any minor wounds on site. Reviewing what you need to do if you are in a Miami car accident is also a smart move, and ensures that you are ready if the worst happens.

Continue reading "Why You Need to be Prepared for a Miami Car Accident" »

If you have been in a Homestead car accident, your first priority should be to get medical help for yourself and for anyone else injured at the scene. However, you must not lose sight of the fact that your Homestead pedestrian accident or car accident could also have a huge financial impact on your life, as well as medical implications. If you have been injured or if the crash was a severe one, there are many costs that you may need to pay:

1) Medical costs. The immediate and long-term medical costs of a Homestead truck accident or car accident can be staggering. Homestead personal injury patients may need to pay tens of thousands or even hundreds of thousands of dollars a year in medical costs, depending on the type and severity of the injury. Some of the costs may not even be covered by insurance. For example, Homestead burn injury victims often require cosmetic surgery and skin grafts. Even though these are necessary in order for the victims to resume a normal life, few insurance companies will agree to pay for these procedures. In addition to hospital stays and medical costs, patients may also need to pay additional medical costs, such as visits to specialists, rehabilitation, therapy, and other costs.

2) Lost income. Unless you have substantial assets or savings, you will need to find ways to replace the income that you were getting before the accident. If your Homestead car accident was a severe one, you may be unable to work for months or even years. Some victims are never able to return to work. In order to continue to pay for living expenses and basic costs, you will need to find a way to replace this income.

3) Property damage. If your car has been destroyed, you may need to pay for car repairs, car replacement, and even transportation costs to and from the hospital or to your attorney while you're awaiting a new vehicle. If there was anything of value in your car that was destroyed in the accident, you may need to pay in order to replace that property as well.

4) Insurance costs. After a car accident, your insurance costs may increase, sometimes substantially. You may need to pay for these added costs as well.

If your car accident was caused by someone else's negligence or recklessness, Florida law does ensure that you may not have to pay these costs by yourself. You could have a personal injury claim, which could help you secure a settlement that helps to pay for more of the costs of your accident. Unfortunately, in many cases, insurance claims and insurance coverage does not cover the full cost of a severe accident. That's why it is important to consult with a qualified Homestead personal injury attorney before making any decisions about insurance or your accident claim. An attorney can help you understand your options.

Continue reading "Evaluating the Cost of Your Homestead Car Accident" »

Unfortunately, Florida sees its share of traffic accidents. According to the Florida Highway Safety and Motor Vehicles Department, 2,983 people lost their lives in Florida car accidents in 2008. 1,169 of the deaths were due to Florida drunk driving accidents. As a city in Florida, Hollywood also sees its fair share of car accidents. Hollywood car accidents can occur anywhere and at any time. If you live in Hollywood, the Flaxman Law Group legal team hope that you are never in a vehicle collision. However, if you are, knowing what to do can make a dramatic difference in your recovery and future. If you have been in a Hollywood traffic accident, you need to:

1) Offer assistance to anyone who has been injured. If the accident is a Hollywood pedestrian accident, you will need to contact emergency personnel immediately. The same is true in case of a Hollywood bicycle accident or motorcycle accident, where victims are less protected than they would be in a vehicle.

2) Contact authorities. In a case where someone is injured or the accident is severe enough to cause serious damage, call police right away. In minor accidents, move the vehicles involved out of the way of traffic and contact authorities. In cases where police cannot come to the scene, file a police report within 24 hours of the accident by visiting the local police station. Ensure that your version of events is included in the police report.

3) Gather information. Get a copy of the police report and exchange contact information, driver’s registration information, and insurance information with any other drivers involved. Also, be sure to get the contact information of any witnesses who saw the accident. If you are taken to a hospital, get a copy of any medical reports and files. If you decide to pursue legal action, this information will be invaluable. Even if you decide not to pursue legal action, this information can be important for insurance claims.

4) Start documentation right away. Note down the time and exact location of the crash, as well as any other particulars you remember. If possible, take photos of the crash scene, the position of the cars and any other details you can. Even photos taken with a phone camera can contain details which are invaluable for Hollywood car accident reconstruction professionals. If you sustain any injuries, take photos of your injuries and start keeping a journal about the costs of your injuries as well as the symptoms you experience.

5) Seek medical help. If you are injured in a Hollywood traffic collision, seek medical help right away. Even if you feel fine after an accident, however, it is important to seek immediate help if you suspect you may have hit your head. Some brain injuries do not manifest symptoms right away but can be fatal, so it is always better to err on the side of caution and seek help at once.

6) Consult with a Hollywood personal injury attorney specializing in car accident claims. In many cases, you will need the help of an attorney to get the fairest claim possible, especially if you have significant or expensive injuries. A consultation will at least help you understand your options and the likely total costs of your accident, so that you can make an informed decision in your case.

Continue reading "What Actions to Take if You are in a Hollywood Car Accident" »

It’s well-known that Miami drivers love their mobile devices. Florida is one of only a few states with no bans on texting or talking while driving and each year many Miami pedestrian accidents and car accident – as well as many traffic accidents across the state – are caused by distracted drivers using cell phones.

Even though the dangers of distracted driving are well documented, many drivers still choose to drive while texting or using their mobile devices. This is the case even in states with strict texting bans in place. A new study out of Canada could shed some light on why drivers take the risk. Recently, the province of British Columbia in Canada held a crackdown on drivers who use mobile devices and cell phones while driving. Authorities issued more than 3500 tickets as part of the crackdown. As part of the initiative, authorities also kept track of some of the excuses used by drivers who were caught driving while texting or talking on their cell phones:

1) “I do not agree with this law.” This is an interesting reason, because, of course, residents are obligated to follow all traffic laws – even ones they do not agree with.

2) “I had to use the phone – it was my employer/family/spouse.” This is another interesting reason for driving distracted. The reality is that no phone call is so urgent that it is worth risking a car accident over. If there is a truly important phone call to be made, motorists should pull over to the side of the road to make the call.

3) “I was not using the phone – just holding it.”

4) “I did not see you, office – I was on the phone.”

5) “Something happened to my Bluetooth and I cannot use it.” While hands-free devices at least allow motorists to focus on the road and not take their eyes off the road, some studies have suggested that hands-free devices still distract drivers and are still therefore a hazard on the roads. In addition, a technical problem with a hands-free device does not make it acceptable to use mobile devices while driving.

6) “I was stopped at a red light and was not driving and texting.” In areas where cell phones or texting are banned behind the wheel, the understanding is that drivers will not use their mobile devices at any time while operating a motor vehicle – and that includes stops at red lights. In fact, drivers need to be alert at stop signs and red lights in order to monitor the flow of traffic, so mobile devices in these situations are quite dangerous.

7) “I was just checking my battery/the time/to see if my cell phone was working.” Again, a cell phone ban implies that mobile devices will not be used in any manner while driving. Checking the time on a phone is just as distracting – and just as likely to lead to a Miami car accident – as texting. Experts and authorities agree that it is safest to turn a mobile device off and put it safely away before getting in the car, to avoid the temptation to check messages or the device itself.

Continue reading "Canadian Excuses Could Shed Light on Miami Car Accidents Caused by Distracted Driving " »

Burn injuries can be one of the most challenging injuries after a Florida car accident. The scarring, pain, and even mobility loss after this type of accident can be devastating. Burn injuries often occur in Florida car accident when a fuel tank leads or explodes, causing a fire.

The first step with a serious burn injury is to seek immediate medical care. Florida burn injury patients are usually rushed to an emergency room after a car accident and may be transferred to a specialty burn unit. Emergency personnel work to stabilize the patient, assess the degree of the burn, and commence treatment. In some cases, burn injuries can be life-threatening. Wide-spread burns and burns in specific areas of the body can place stress on major organs and can even prove fatal.

The initial priority with a burn injury is to prevent infection and ensure healing. The burns are usually treated and covered. Doctors will typically commence treatment and will work to monitor a patient, if the burns are widespread, to ensure that major organs are functioning well. A severe or wide-spread burn may require weeks of hospital stay and many months or even years of treatment on an out-patient basis.

Rehabilitation is necessary with some burn injuries. In cases where the burn penetrates the skin and affects muscles and bone, mobility can be severely affected. To regain mobility, patients may need to take months in therapy and rehabilitation to regain lost mobility.

After your car accident, you may also want skin grafts and other forms of treatment to minimize the scarring associated with your burn injury. Scarring is often not just cosmetic, but is also profoundly difficult for a car accident victim. Car accident victims with severe scarring may notice others staring at them or may face extreme difficulty in social situations. Unfortunately, many medical insurance carriers see skin grafts and other scar treatment as "purely cosmetic" and may not be willing to cover the costs, which are substantial. For this reason, burn injury victims may wish to consult with the Flaxman Law Group to determine whether they can seek a settlement that helps them cover these important costs. The initial consultation with the Flaxman Law Group is free of charge, and is a good way to explore various options for treatment and recovery.

Pain management will also likely be a long-term solution for most Florida burn injury patients. Burn injuries can be very painful, especially as the skin starts to heal. Most patients will require expensive pain medication as well as alternative pain treatments, in some cases where traditional pain management does not work.

In addition to taking care of the physical needs of burn injury patients, most medical professionals today also recognize that these patients require emotional support as well. Burn injuries and the scarring they create can be very traumatic for patients. Some patients have a hard time resuming normal relationships and social activities after their injury. Depression, upset, and even anger are not uncommon. Therapy and counseling are often necessary to help patients work through these problems. Again, however, many insurance carriers do not pay for these needed services. For this reason, Florida car accident victims who have sustained serious injuries should seek the help of a qualified attorney to ensure that they have the financial resources to pay for all needed treatment.

Continue reading "Treating Florida Burn Injuries After a Florida Car Accident" »

Getting your car properly taken care of every season can help you prevent the risk of Florida car accidents and pedestrian accidents, as it ensures that your vehicle is in good shape to prevent an accident. If you need to stop suddenly or maneuver quickly in order to avoid a collision, having a car that responds well is important. To get your car maintained this autumn, make sure that you:

1) Get your car checked out. Taking your car periodically to a trusted mechanic periodically can help ensure that your car is in good shape to drive and has no obvious problems. It is especially important to take your car in to a trusted mechanic if you notice any problems, unusual noises, or if you notice that the car is responding oddly. Regular tune-ups and maintenance are vital, especially in the autumn, when many drivers are on the road more frequently due to the school run.

2) Have a plan for keeping your windshield clear. Mud, rain, and autumn weather can wreak havoc with your ability to see clearly through your windshield. Top up your windshield fluid regularly, make sure that your windshield wipers are in good repair, and consider upgrading your wipers to ones that do a better job of clearing dirt and debris from your windshield. It's a smart investment that can help ensure that you see what is in front of your car.

3) Assemble a kit for safe and comfortable driving. Your kit should include a first aid kit, a cell phone for calling for help in an emergency, a blanket, flares or flashlight, a spare tire, instruction manuals for changing tires, and a good spare tire. Your glove compartment box should contain sunglasses which can help you see clearly, and gloves for days when your wheel is too hot to hold firmly.

4) Create a space for your mobile devices. Distracted driving is a serious problem across the US. You can help conquer the problem by always turning off your mobile device and putting it away before you get behind the wheel. In fact, it is best to turn off your mobile device and put it away, such as in your glove compartment, to ensure that you will not be tempted to check your messages while you drive.

5) Get your tires checked. Summer can be hard on tires, and at this time of year the wear and tear of driving on hard surfaces can really show up. Make sure that your tires are correctly aligned and are still in good condition. If the treads on your tires are worn, it is important to have them replaced before the wet autumn season begins. If you will be driving outside of Florida this winter, you may also need to invest in a good set of winter tires for any winter driving you will need to do.

Continue reading "Fall Maintenance Tips to Prevent Florida Car Accidents" »

Florida has the unfortunate distinction of leading the country in staged car accidents and insurance fraud. Unfortunately, many staged Florida car accidents end up costing victims the most. This type of insurance fraud increases insurance costs for all Florida drivers. As well, innocent drivers are often accused of causing an accident so that criminals can claim expensive medical expenses. In many cases, fraudsters will wave a driver to change lanes and liberally cause a car accident. In some cases, fraudsters deliberately slam on the brakes in order to cause a minor car accident. In each of these cases, an innocent driver is unfairly dragged into insurance fraud. In many cases, the fraudster's cars is filled with passengers, each of whom claim expensive medical costs. Frequently, the fraudsters work with unscrupulous medical experts and other professionals in order to bolster their claims. In some cases, the innocent driver or their passengers are seriously injured due to the staged accident.

According to authorities, there are many things that Florida drivers can do to help avoid becoming involved in a staged car accident:

1) Leave additional space between you and the vehicle in front of you. The car in front of you cannot brake suddenly and cause an accident if you leave adequate space.

2) Be aware if someone waves you to change lanes or merge. While in many cases this is simply a driver being polite, it could also be a fraudster setting you up for a car accident.

3) Be wary when making left-hand turns. Oncoming cars can deliberately accelerate in order to cause a car accident in this way.

4) Never drive distracted. Not only is it more likely to cause a Florida pedestrian accident, car accident, or other traffic accident, but insurance fraudsters often target distracted drivers. Distracted drivers are less likely to notice suspicious behavior on the part of the other driver, making them ideal victims. Distracted drivers are also less likely to react in time in order to avoid a collision and are less likely to notice a deliberate attempt to cause a collision. Stay alert and be aware of the drivers around you.

5) Be aware of drivers driving erratically. They may be driving under the influence, or may be out to deliberately cause an accident.

6) Make sure that you have defensive driving experience and training. Defensive driving can help you avoid an accident, even one that is caused deliberately.

7) If you have been in accident, beware of signs of insurance fraud. If you are offered money to use a specific medical or legal professional, mechanic, or other professional, refuse. Ask for a list of recommended mechanics from an insurer or other trusted professional. Work with an experienced Florida car accident attorney to determine the true cause of an accident and avoid accepting liability or blame for an accident until it can be thoroughly investigated.

Continue reading "How to Avoid Staged Florida Car Accidents " »

Florida head-on collisions, of all Florida car accidents, have the greatest risk of fatalities. In this type of accident, the front of two cars collide. Often, this happens when one vehicle drifts into oncoming traffic or otherwise heads into oncoming traffic. High-speed head-on car accidents have a high risk of fatalities, but at every speed this type of accident can cause serious injuries. These types of accidents can cause brain injuries, burn injuries, broken bones, spinal cord injuries, amputations, and other potentially serious injuries.

The risk with a Florida head-on car accident is that the impact of two cars colliding front-face is significant. Even at lower speeds, metal and glass will usually go flying, causing injuries. As well, with a head-on collision, the cars impact at full force, instead of glancing off each other, which is more common with a side-swipe accident. The impact of a head-on collision usually causes the driver and passenger to be thrown forward into the windshield or dashboard. If safety belts are not worn or if air bags fail to inflate, the likely result is serious brain injuries. Even if safety devices such as airbags inflate, striking an airbag can still cause injuries to the face.

Statistics suggest that US head-on car accidents make up only 2% of all accident, but account for over 10% of fatal accidents. These accidents can be caused by a driver losing control or driving inebriated or tired.

If you have been injured in a Florida head-on accident, you will likely face significant medical costs as well as lost income. Your first step should be to contact a qualified attorney to help you with your case. This is especially the case if you have sustained a Florida spinal cord injury, brain injury, or other serious injury that may be permanent. A good attorney can:

1) Investigate your accident to determine what took place during your accident.
2) Gather evidence that can help you in court or in negotiations with your insurance company.
3) Help you with immediate concerns, such as getting a rental car, arranging for medical care, and taking care of the other details that will become important after your accident.
4) Determine who is liable for your injuries.
5) Work with experts to determine your future medical costs, current injury costs, and the total costs of your accident.
6) Work to get you a fair settlement that pays for most of the costs of your injury.
7) Find eyewitness and expert witness testimony on your behalf.
8) Take care of all the details of your case, so that you can focus on healing.
9) Keep you informed of the progress of your case.

Continue reading "Head-On Florida Car Accidents " »

Many Florida spinal cord injury patients sustain their injuries as a result of a car accident. The force and impact of a car collision often causes extensive trauma to the entire body. Being ejected from the car or being tossed about inside of the car – often the result of not wearing a seat belt – can easily lead to brain injuries and spinal cord injuries as the body comes into violent contact with hard surfaces.

Florida spinal cord injury patients traditionally face many obstacles. Back injuries sustained in traffic accidents are often very serious, due to the impact of the accident. As well, spinal cord injuries are among the more expensive Florida car accident injuries to treat. Many patients have in excess of $100 000 in medical bills in their first year after their accident alone. This is because spinal cord injuries often require extended hospital stays, surgery, and other expensive treatment.

Florida spinal cord injury patients often face additional challenges after their accident, as well. For example, some of the treatments for spinal cord injuries – including rehabilitation work and home care – are not covered by health insurance. As well, car insurance is often capped far below what spinal cord injury patients will need to pay for their injuries, and since patients often cannot work after their injury, there are few resources available. Worse, in many cases spinal cord injuries are permanent, and require a lifetime of home care and medical treatment and represent a lifetime of lost income.

For all of these reasons, it is important to contact an experienced South Florida personal injury attorney soon after a serious car accident. A good attorney can investigate the accident, find all liable parties, and aggressively pursue all sources of recovery. This can make a tremendous impact on a spinal cord injury patient's outcome. With financial resources in place, a back injury patient can get the support, medication, income, and medical care needed to make the best possible recovery.

There is also good news for Florida spinal cord injury patients. Traditionally, some patients have been treated with spinal fusion, which helps patients with herniated discs in the neck. While the treatment can be effective, it does usually require multiple surgeries and months of recovery. However, doctors as Bay Medical Center have been offering a new procedure for patients with herniated discs in the neck. The new procedure places an artificial disc in the neck and patients who have this procedure often enjoy a shorter recovery time and may not require repeat surgeries. Surgery takes about an hour and a half and currently the procedure is available for patients with only one damaged disc. The ideal patients for the surgery are under 50, in good general physical condition, and are non-smokers. Currently, only a few physicians offer the procedure in Florida.

Continue reading "Options for Florida Spinal Cord Injury Patients" »

It makes sense to do everything in your power to avoid being in a Florida car accident. However, it is also important to be prepared – just in case. Sometimes, even when drivers do everything right, the mistakes or negligence of other drivers can lead to an accident. Luckily, there are many things you can do right now to prevent a car accident and to be more prepared in case the worst happens.

One important step to take is to place a few items in your glove compartment – just in case. In your glove compartment, you should have your registration and insurance card, in case you are in an accident. You should also have a list of emergency numbers and any information about any medical conditions you have. As well, a small first aid kit is a nice thing to have. Finally, place a paper and pen or pencil in your glove compartment, so that you can write down anything you need to after an accident. Having a camera is also nice, but not necessary.

Luckily, there are many things you can do to prevent an accident or accident-related injuries in the first place. Wearing your seatbelt and ensuring that all passengers wear age-appropriate restraints is an important first step to protecting yourself. Driving carefully and defensively is also an important way to prevent accidents.

If you are in a Florida car crash, you must stop at the scene of the accident. If the accident is minor, you can move your car off the road so that you do not block traffic and do not pose further danger to your passengers. Immediately call for medical assistance if anyone is injured. If you are not sure whether there is anyone injured, it is better to get possible victims evaluated.

Once everyone has received assistance, your next priority is to protect the site of the accident, which can help law enforcement officers determine what happened. Unless your car is creating danger or blocking traffic, leave it where it is. If you need to move your car, note where the car was at the time of the accident. Turn on your four-way flashers and lights to alter other drivers of a possible hazard. Notify police of the accident if needed and then exchange information (including names, addresses, and insurance information) with any other driver involved. Take note of any important details at the scene and take photos if you have a camera. Err on the side of taking more information than you need – you never know what detail will be important for an insurance company or attorney if you decide to pursue a claim. Take the names and numbers of any witnesses and note anything that may have in any way contributed to the accident.

If your accident has resulted in fatalities, injuries, or more than $500 in property damage, you will need to notify authorities of the accident. Stay with your car until police arrive and cooperate with the investigation. Speak with the investigating officer, but stick with the facts. Do not admit fault or discuss the accident in detail until you have a Florida personal injury attorney to advise you and to help you protect your rights. If insurance company investigators are at the scene, do not discuss the accident with them until you have a personal injury attorney, as a good attorney can help you protect your interests. In many cases, you can contact a Florida personal injury attorney – such as the Flaxman Law Group – right from the accident scene. Do not leave the scene of the accident until you have spoken to the investigating officers at the scene and they have allowed you to leave.

Once you have left the scene, see a doctor as soon as possible after the accident. This can help start document any injuries you may have sustained during the accident. If you have not done so already, consult with an attorney and notify your insurance company of the accident.

Continue reading "Dealing with a Florida Car Accident, and Preventing an Accident in the First Place" »

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?" »

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" »

Two bills have been introduced in the Florida Legislature which would allow drivers and product manufacturers to share liability in products liability cases. These bills would let juries hear evidence about any role the driver played in causing a Florida car accident, even if the accident was partly caused by a defective automotive product.

Currently, Florida laws place the liability of defective products with manufacturers. Therefore, if under current laws a driver is in a car accident in a car with a defective part, only the manufacturer is held liable – not the driver. This is seen as the risk of doing business in the industry.

The two laws, including Senate Bill 142, have already been approved by Senate. Senate Bill 142 would make changes to Florida Statutes § 768.81. If passed, the bill would require juries in automotive products liability cases to consider the potential liability and fault of all parties – including the driver – before determining the distribution of damages.

Bill HB201 has already been given approval by the Florida House Civil Justice Subcommittee. This bill will allow evidence of fault to be presented in all automotive products liability cases in Florida where no defective product can be defined. This bill will allow liability to be allotted to all parties found to be partly responsible to the accident.

The bills have caused some debate. Some feel that the bills are fair because they take into consideration driver negligence rather than assigning all fault to manufacturers. However, some attorneys have expressed concerns that if passed the new legislation will deflect attention from poorly made or defective automotive parts by blaming drivers.

Continue reading "Two Bills in Florida Could Affect Car Accident and Florida Products Liability Cases" »

Florida car accidents related to snow and winter weather are rare. However, if you are driving to snowier states soon, here are some winter-driving issues to consider

1) Ice flying off of trucks and other cars. Snow and ice flying off of cars and trucks can easily cover your windshield, or even impact your vehicle, causing you to become momentarily blinded or even to lose control of the car. When driving in winter or wet conditions, stay well back from trucks, since they will churn up a lot of snow and rain which can hurt your visibility and can easily lead to a Florida truck accident. As well, make sure that your windshield wipers are in good condition and can handle snow. If you park outside and your car is covered in snow and ice, scrape that off (especially off the roof) before driving – snow from your roof can easily slide on your windshield as you drive, blocking your view.

2) Obstructions of snow and ice. Snow and ice piled high on roadways can scrape the bottom of your car and even damage it. You can also lose control of your vehicle driving over this obstruction and cause an accident. If you see a large pile of snow in the street, drive around it carefully.

3) Huge snow banks. Snow banks block visibility, making it hard for traffic to see you when you come out of a side street or driveway. If your view is blocked by a snow bank, flash your headlights so that other drivers can see you coming and edge out slowly until you can see oncoming traffic before pulling out into traffic.

4) Reduced street parking spots. In most cities, drivers are required to park within a foot of the curb. When curbs become covered in snow and snow spills into the street, it can be hard to determine where a parking spot actually is. This can be an especial problem with street parking, where drivers need to leave enough space for emergency vehicles and other cars to get through. If you park in a spot where you are blocking plows or emergency vehicles, you will be ticketed, so that it is often safer to park further away or to pay for a parking spot indoors when streets get really snowy and you can’t get a parking spot that does not block traffic. When parking, make sure there is at least a 12-foot pass for emergency vehicles to get through.

5) Insurance woes. Keep in mind that your insurance company may expect you to pay a surcharge if you cause an accident, even if the cause of an accident was poor visibility due to a snow bank or poor parking due to a snowy parking spot. In most states, there are no exceptions for accidents caused by winter weather and surcharges are automatic, meaning that weather-related accidents can end up costing you extra, even if Jack Frost is really to blame. However, you can appeal the surcharge if the accident was caused by bad weather.

Continue reading "What Florida Drivers Need to Consider When Driving in Snow" »

While most Florida pedestrian accidents and car accidents involve cars, the increased presence of scooters on city streets and pedestrian areas has created a whole new hazard and legal question – one that is difficult o resolve. Scooters, also known as EMDs (electric mobility devices) are showing up in greater numbers to help those who are too elderly, too ill, and too obese to walk easily.

The difficulty with scooters is that they are an in-between entity. Those who ride scooters are not exactly pedestrians and not drivers, either. Under Florida laws, these devices do not require registration or licensing. However, these devices can cause serious accidents if they run into a pedestrian. When drivers use scooters in the roads, they can also cause Florida car accidents.

Currently, auto insurance is not applicable to EMDs and homeowners insurance does not cover any accidents or injuries caused by these devices outside the home. Worse, many who use scooters are in fact using them in ways they should not be used. Manufacturers of EMDs state that scooters should not be used on the roads and Medicare only pays for EMDs if they will be used indoors only. Drive-thru restaurants will not serve people on EMDs due to concerns about liability issues. However, many people who use scooters do use them in sidewalks, in parking lots, and even on the roads. In the event of an accident, this raises further complicated questions about liability.

There have been a number of well-reported scooter accidents across the US over the past year and this has prompted many people to discuss possible ways to insure EMDs. There has been discussions as well about ways to define scooter users legally and possible legislation which can be put in place to protect the public.

In Florida, a recent high-profile case involves a 73-year old EMD driver who got intoxicated and drive home on his scooter, only to be struck down by a car. He was issued a ticket as a pedestrian – for walking out in front of a car. The case underscores the lack of regulations concerning EMDs. While drivers of cars have rules and laws they must follow to prevent Florida drunk driving accidents, there are no laws preventing scooter users from driving drunk.

Scooters can also pose a serious hazard to pedestrians and can cause Florida pedestrian accidents and bicycle accidents when the devices are used on sidewalks and pedestrian trails. EMDs are quite wide and can move quickly. If they collide with a bicyclists or pedestrian, serious injuries are the likely result due to the bulk and the speed of the scooter. Currently, however, anyone who is injured by a scooter must seek recovery through civil court because there are too few laws in place protecting pedestrians, car drivers, and scooter users.

Continue reading "Scooters and Florida Car Accidents" »

In Florida as in the rest of the country, it is illegal to drive without a valid license. However, law enforcement authorities in Southern Florida note that in many 2010 Florida car accidents, drivers were without valid licenses at the time of the crash. In some cases, drivers were unlicensed but in many cases drivers had suspended licenses because of Florida drunk driving charges or other violations.

Police authorities and experts say that part of the problem is that laws surrounding drivers with suspended licenses has become more lax. In 2008. for example, a law passed by Legislature ensured that repeat traffic offenders would not face jail time for driving without a suspended license or no license at all. Police authorities report being frustrated by the fact that in many cases they cannot press charges in these cases until a lengthy investigation is complete – even though in some cases the suspect continues to drive without a valid license.

Part of the problem, too, may be attitudes. Although everyone in driver's education classes is taught that driving is a privilege, many drivers have come to see it as a right and a necessity. Some drivers claim that they need to drive in order to get to work or in order to take care of other vital activities, even when they do not have a valid license. Of course, these claims make little sense to the people unlicensed drivers hurt each year in car accidents. Drivers who have no valid license can rely on taxis or public transportation, but many choose to get behind the wheel of a car.

According to Brevard County authorities, in 2010 alone 68 Florida car accident fatalities in the county were linked to drivers driving without valid licenses. These accidents are especially frustrating for the victims. In cases where a driver is driving without a valid license, say authorities, there is often no insurance, either. Unless a car accident victim has uninsured driver insurance, he or she may be forced to pay for any medical expenses out of pocket.

In many cases, injury victims who have been in a car accident with an uninsured and unlicensed driver must take legal action against the driver in order to cover lost income, medical bills, and other expenses associated with the accident. A good Florida personal injury attorney must generally investigate the cause of the accident, the driver's assets and ability to pay, and many other factors to put together a strong case.

Continue reading " In Florida Car Accidents, Suspended Licenses Are An Issue" »

According to the Florida Division of Insurance Fraud's south division, scam artists in Florida are staging fake Florida pedestrian accidents and car accidents in a bid in order to defraud the insurance industry. The insurance industry has been taking steps to fight the fraud, even closing down Miami-Dade clinics linked to insurance fraud.

The National Insurance Crime Bureau reports that South Florida is leading the US for Personal Injury Protection (PIP) insurance fraud, behind only Tampa Bay. Insurers have been pressuring legislators in Florida to pass tough new laws which would crack down on insurance fraud. Insurers want to see tougher penalties for fraudsters and stricter regulation of medical clinics to help combat the problem. However, some experts questions whether laws alone will help. Staging a Florida car accident to commit insurance fraud is currently a second-degree felony in Florida.

In Florida, all motorists are required to have Personal Injury Protection (PIP) insurance. This protection covers up to $10 000 in medical bills in the event of an accident and is designed to help ensure that injured parties can get medical help quickly and affordably without having to go to court to recover the costs. In Florida, PIP is no-fault, meaning that injured parties receive the money regardless of who was at fault in an accident. Unfortunately, this no-fault clause also makes insurers susceptible to fraudsters, who do not have to extensively prove illness to get the money.

There are many ways that insurance fraudsters defraud insurers. In some cases, companies coach “victims” on how to describe injuries to insurance companies in order to get the money. In other cases, fraudsters are involved in complex networks of attorneys, clinics, and mechanics in order to stage accidents that have never taken place. Since PIP claims must be paid within 30 days of an accident, it is hard for insurers to separate fake claims from genuine ones.

Unfortunately, it is the real victims of Florida car accidents that pay for the fraud. With insurance fraud such a concern, insurers charge all drivers more to cover the losses caused by fake claims. Currently, Florida has the fourth-highest car insurance premiums in the country, and the costs are expected to rise as fraud rises. According to experts, fraud costs the average driver an additional $400 in premium costs. As well, insurance companies may suspect genuinely injured victims of fraud and may delay payment, causing financial distress for injured parties. In some cases, fraudsters get innocent drivers involved in car accidents by purposely causing an accident and blaming the other driver for the collision. In these cases, the victimized driver may sustain serious injuries and may find their insurance premiums increasing through no fault of their own.

Continue reading "Insurance Industry Upset Over Florida Car Accident Insurance Scams " »

In the past, some cities in Florida have suggested charging a “crash tax” to the insurance companies of drivers who cause accidents. Currently, a number of cities across the nation charge such a fee, which ranges from about $500 to $2,000, on average. Lately, Tampa has been contemplating such a move.

Tampa Councilman Curtis Stokes is one of the individuals who supports such a fee. In the media, he has noted that currently clean-up costs after an accident are absorbed by a city and its taxpayers, while such a fee scheduled would ensure that the expense of clean-up would go towards the insurance costs of the at-fault driver. The money from the insurance providers, he believes, could be placed in a trust fund to help pay for related Florida car accident expenses, such as public safety expenses.

A law signed in 2009 by Gov. Charlie Crist may pose a legal challenge to such a fee. That law effectively bans fees levied for investigation or response costs. In the past few years, a number of states -- Oklahoma, Pennsylvania, Arkansas, Missouri, Georgia, Indiana, and Tennessee among them – have passed similar laws to protect drivers and insurance companies from such costs.

A number of South Florida cities, on the other hand, are working with contractors to recover costs associated with fire-rescue services provided at Florida car accident scenes. Collection agencies, consultants, and private billing have also suggested to governments that they could build revenues by charging accident fees as well. Now that many governments are facing revenue issues and tightening belts, an added source of revenue is very appealing.

Those who support the fees note that crash taxes ensure that those who are responsible for Florida car accidents contribute to the costs of the accidents. Supporters also note that such fees increase city revenues while reducing the burden on the tax payer. Further, there have been claims made that such fees would add to the financial burden of at-fault drivers, making drivers more cautious on the roads. Opponents of the fees note that insurance companies would pass the costs of the fees to insurance holders, potentially raising insurance costs for all drivers – not just those who cause accidents. They also note that such a move might not help reduce Florida pedestrian accident and car accident rates.

Since 2004, those seeking learners permit in Florida had the option of testing for their learners permit online. However, this option has been removed after officials discovered that over half of those who passed their learners permit test online could not pass the same test in person. The online learners permit test program officially ended with the close of 2010 after officials determined that the online testing option did not adequately test knowledge.

The change is meant to improve the safety standards for young drivers and new drivers. In 2009, a test of the online learners permit test was conducted when the Department of Motor Vehicles (DMV) re-tested 601 people in person. All of the examined persons had initialed passed their learners permit test online but 59% of these people were not able to answer enough basic rules-of-the-road questions in person to pass a learners permit test.

The online test was an additional source of revenue for Florida, with the state making up to three million dollars annually from the test. The online test was fee based, with applicants paying $20-$33 each for the option to take the test online. The in-person learners permit test has always been a no-cost option.

Police officers support the measure to enforce in-person testing for new drivers. Some have stated that the online option may encourage some applicants to cheat. As well, some police officers have expressed concern that those who cannot pass an in-person learners permit test may not have adequate knowledge of the rules of the road and may have a higher risk of causing Florida pedestrian accidents, car accidents, and other traffic accidents.

Now, applicants in Florida will need to pass their learners permit in persona at a tax collector’s office or at the Department of Motor Vehicles (DMV). It is unknown whether those who have already passed the test online will need to go through the process again. Currently, there are no reported studies to test the effects of online learners permit testing on Florida car accident rates.

Continue reading "Can Online Learning Increase The Risk of Florida Car Accidents?" »

Some universities in Florida and across the country are starting awareness campaigns to warn student drivers about the dangers of distracted driving in a bid to reduce the number of Florida car accidents and pedestrian accidents. Campaigns such as the “Put Down Ur Cell Fone” campaign try to raise awareness among the students about distracted driving through on-campus signage and demonstrations. The message is clear: to reduce your risk of causing a Florida pedestrian accident or car accident, put away your cell phone when getting behind the wheel of your car.

Targeting student drivers may be a smart move, since according to some studies, drivers under the age of 20 have the highest number of drivers who routinely drive distracted. According to some statistics, up to 16% of under-20 drivers drive distracted. The dangers of this type of behavior are well documented. A study by the Harvard Center for Risk Analysis found that 6% of all car collisions are related to cell phone use. Cell phone use causes 636, 000 car accidents each year, and these accidents result in 330 000 injuries and 2 600 fatalities.

Cell phones are not the only danger. According to studies conducted by the National Highway Traffic Safety Administration and the Virginia Tech Transportation Institute 65% of near-accidents and 80% of all car accidents involve a driver who was distracted by some activity within three seconds of the collision or near-miss. Distracted driving can include texting, cell phone use, talking to passengers, adjusting music, searching for an item, eating, drinking, applying makeup, and any number of other activities. Researchers are very clear: don’t attempt to multitask while you drive.

Some states have banned texting while driving, but Florida so far has not taken that step. Nevertheless, law enforcement would like to see drivers voluntarily putting their mobile devices away when driving. Any distractions take away your focus and your eyes from the road. Even if this happens for only a few seconds, that is more than enough time for a Florida car accident to take place.

Distracted drivers face penalties for reckless driving. As well, if someone causes a crash because they have chosen to drive distracted, they can be held liable for the accident and can be sued. Insurance rates for such drivers also tend to increase. It is smartest – and safest – to put your entire focus on the road while driving.

Continue reading "Distracted Driving a Concern for Law Enforcement Trying to Halt Florida Car Accidents " »

According to recent studies, Florida is now the leader in car insurance fraud. Although Florida car insurance fraud is not new, it has risen to new highs, largely due to unemployment and economic woes, according to experts. There are a few types of car insurance fraud schemes that are popular in the state:

1) Abandonment. Some car owners are simply leaving their cars abandoned in remote locations to avoid having to pay the high bills that come with cars. Some owners them claim the cars as stolen to defraud insurance providers.

2) Arson. Some owners are lighting their cars on fire to avoid further payments and in order to recover claim money from insurance providers. The fire, they believe, will eliminate the evidence of fraud, although this is often not the case.

3) Florida car accident fraud. In some cases, fraudsters work with others to stage Florida car accidents in order to fraudulently claim insurance money for non-existent injuries. The National Insurance Crime Bureau reports that between 2007 to 2009 there were 511 staged Miami car accidents and even more such accidents in other Florida states. According to the National Insurance Crime Bureau, one out of every four staged traffic accidents occurred in Florida.

Florida truck accident and car accident fraud is a serious problem for everyone. Even staged accidents can lead to serious injuries and of course this type of fraud can increase insurance costs for everyone. Plus, there are often innocent victims in these fraud schemes who are accused of causing an accident when in fact they did not. Worse, people who genuinely sustain a Florida spinal cord injury or another serious injury in a car accident often have a harder time recovering their claims because insurance providers are on the alert for fraud.

Continue reading "Florida Car Accident and Traffic Accident Scams Lead the Country " »

According to the National Highway Traffic Safety Administration, more than 10% of all car accidents are hit and run accidents, and the prevalence of these accidents has been rising for more than ten years. The National Highway Traffic Safety Administration reports that most hit and run accidents are either drunk driving accidents or involve a hit and run driver who is uninsured. That is, in most hit and run accident, the motorist leaves the scene of the crime to conceal intoxication or to avoid legal problems.

Being in a Florida hit and run car accident can be devastating. If there are no witnesses, especially, it can be hard to get compensation from your insurance company. You will need to take the time to file a police report about the accident. You may also feel angry and shaken. If you are alone at the scene of the accident and are injured, it is up to you to seek medical attention – with no help from the other driver involved in the accident.

If you are in a suspected Florida drunk driving accident or a Florida car accident that is hit and run, the first thing you will want to do is call emergency services if you or anyone else is injured. The first priority is to get medical help. Next, make sure that you call the police at once. Leaving the scene of a Florida car accident is a crime, so you want to report that crime.

As soon as you have done this, start documenting the accident. In a Florida hit and run accident, documentation is even more important. Take photos of your car, get the contact information of any witnesses, and jot down anything you remember about the driver of the other car. These details can help police catch the motorist.

You will next have to deal with your insurance company. This can be frustrating, since many policies do not cover hit and run Florida car accidents or uninsured drivers. Read over your policy carefully. Consider contacting a good Florida car accident attorney in order to get legal advice and help about your situation. A good, experienced attorney can help you deal with authorities and your insurance company. He or she can even investigate the accident.

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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.

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Being in a Florida car accident or truck accident is often difficult enough. After such an accident, you may face serious injuries as well as trauma, lost income, and huge medical bills. If your accident involves a government vehicle, however, you have some added challenges and you may wish to consult a qualified Florida personal injury attorney about the accident.

In most Florida car accidents, if someone’s negligence has caused the accident and you have suffered serious injuries and losses, you can bring a legal action against that person (or, more correctly, their insurance provider) in order to recover the costs of your injuries and losses. In the case of a government vehicle, however, the situation is more complicated because state, federal, county, and city governments all enjoy what is known as “sovereign immunity” or “government immunity.” This doctrine, and the legal decisions passed down from courts about this doctrine over the years, have limited the instances in which the government and government employees can be sued in personal injury accidents and other types of accidents.

There are many government vehicles on Florida roads all affected by this doctrine. If you are in an accident with a firefighter, police officer, mail carrier, ambulance driver, your legal claim may be effected by government immunity, even if the government employee was clearly at fault. In these cases and in any case involving a government vehicle, the incident is generally governed by the Federal Tort Claims Act (FTCA), which provides some waiver of the government’s immunity – but only in cases where employees are negligent within their employment.

There are other things which can affect your claim against a government in the event of a Florida car accident involving a government vehicle. For example, the burden of proving driver responsibility will be much higher in these cases. You will need a very experienced Florida personal injury attorney who can very definitely prove that the government employee was negligent and at fault. If you have been injured in a Florida pedestrian accident or car accident with an emergency vehicle, your case will also be more complex. If your are injured by an emergency vehicle while the vehicle is trying to get to an emergency, you will face additional challenges because these vehicles are given additional latitude. You may need to prove serious negligence in these cases – such as proving that the emergency vehicle did not correctly use sirens and emergency lights at the time of the accident. Again, an experienced Florida personal injury attorney may be invaluable in such cases.

If you have been involved in a Florida car accident with a government vehicle, you may also need to file an administrative claim with the government before pursuing your legal claim. There is a time limit on when you must do this. In most cases, you must file the administrative claim within 30-180 days of the accident. Failure to file the administrative claim in time can affect your ability to recover damages, so it is essential to contact a good attorney immediately after your accident.

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No one likes to be found at fault for anything, but in Florida truck accidents, car accident cases, and any traffic accident, fault is a key issue. If someone is clearly at fault, through negligence or recklessness, in an accident, that person will often find their insurance company has to pay out more of the damages. In cases where someone is negligent while driving, that driver may also be sued. For example, if you sustain a Florida burn injury because another driver is texting and driving and runs a red light, you can bring a legal claim against that person to cover your injuries, medical treatment, lost income, and other damages suffered in the collision.

In many Florida car accidents, however, determining fault is not so simple. In some cases, it is not immediately apparent what has caused an accident. In other cases, liability is shared among many parties. For example, a tire defect could cause your car to spin out of control. At the same time, another driver may be distracted and a pedestrian may be crossing the street without the benefit of a crosswalk, causing an accident. In this case, the tire manufacturer (and possibly mechanic), other driver and potentially the pedestrian may be found partly liable. In cases where liability is not clear or is shared between parties, it is important to consult a qualified Florida personal injury attorney. A good attorney can investigate the accident and can help assign liability fairly.

Under Florida law, pure comparative fault is adopted to measure damages. This means that the victim’s percentage of fault is used to reduce the damages by that amount. This is often easier to explain by way of example. Let’s say that that Anne is in a Florida car accident that is deemed 50% her fault. She becomes a Florida spinal cord injury patient due to her accident and damages for the accident for her amount to $200 000. Anne can recover up to $100 000 in damages, since she is deduced 50% of the initial amount for her share (50%) in the accident.

It is important to note, however, that while Florida is a pure comparative fault state, many things can affect examples like the one above. First, determining the damages can be tricky. Some insurance providers can underestimate the damages of an accident. If Anne hires a qualified Florida personal injury attorney, for example, the attorney may find that the total expected costs and damages of Anne’s injuries may in fact be far greater, since the spinal cord injury may be permanent or long-term. As well, assigning fault is obviously a difficult concept. An insurance company may find that both drivers are equally at fault, but again, if Anne hires a good Florida personal injury attorney, her attorney may discover added details about the accident which change Anne’s percentage of fault. For example, the attorney may find that the initial investigation did not consider all evidence in the accident or that other parties are partly liable, too.

Since fault is so important in a Florida car accident, it is important not to admit fault until a through investigation of the car accident is complete and until you have retained the services of a qualified Florida personal injury attorney. In the aftermath of an accident, it is common for accusations to be made, but it is important to never agree to any accusations or agree to any responsibly until the accident has been investigated. In many Florida car accidents, fault is simply not as it seems. Admitting fault can affect your ability to recover fair damages for your accident. As well, when speaking to an insurance adjuster, be cautious about admitting fault. In some cases, adjusters want you to admit that you played a specific role in an accident. Do not agree to this until you have consulted with a qualified Florida attorney.

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If you have been in a Florida truck accident or car accident and have retained the services of a Florida car accident attorney to handle your case, you can improve the possible success of your case in two ways. First, it is important to find a good, experienced Florida attorney you can trust. Second, it is important to maintain good communication with your attorney so that he or she can do their job. Here’s how to keep communication successful:

1) Give your attorney the facts they need. If you have documents or evidence of your injuries (such as photos or contact information for witnesses) by all means share this information with your attorney. The more your attorney knows, the more he or she will be able to help. Many attorneys will tell you what they need in order to investigate your accident. Feel free to ask your attorney what you can do to make your case stronger. Of course, always be honest with your attorney. Do not claim to be a Florida brain injury patient as a result of your injury if you are not.

2) Decide on frequency and format of communications. Of course, you will want to get updates about your case. However, you also want to leave your attorney with plenty of time to work on your case. The best solution is to establish, early on, how and when communication will take place.

3) Work with a written agreement and make sure that you understand the agreement before you sign. Your agreement protects both you and your attorney. Many misunderstandings can be cleared up simply by understanding and re-reading your contracts.

4) Don’t be afraid to speak up. If you’re upset about something related to the costs or the case, let your attorney know in a polite and businesslike way. Often, problems can be cleared up with a frank discussion. Clearing the air is important as it allows your relationship with your attorney to remain positive.

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If you have been in a Florida car accident, you may be anxious about the process. The process of filing a claim and dealing with the aftermath of an accident can be challenging, but by understanding what you are facing, you can often handle the situation more effectively. Of course, your case will begin with a Florida truck accident or car accident. Once you have been in an accident, your case begins and there are several things that you can do to protect yourself and your rights. For example, you may wish to start documenting any damage right at the accident scene. Once you have ensured that any injured parties have received help, you will want to exchange contact information with the other driver and with any witnesses.

Next, you will want to report the accident to your insurance provider as soon as you can. This allows you to file a claim to recover damages you have suffered in the accident, including any injuries requiring medical care. Once your claim is submitted, the insurance provider will have a claims adjuster contact you. This insurance professional will consider your deductibles, the limits of your insurance, and the coverage your provider offers to you. In simple accidents where there is little injury or damage, you may be asked to get an estimate for repairs and you may only need to fill out some documents to get your check for your damages.

If, however, there is a problem, there may be many more steps before you can receive your money. For example, if there is a liability issue or if you do not agree with the claim amount you are offered, further negotiation will usually have to take place. If there was a serious injury (requiring costly medical care) or serious damage, your insurance provider may become more proactive in looking at your claim.

If your Florida car accident was more serious, the insurance company will usually do some investigating before releasing any funds. An adjuster may examine medical reports, police reports, photos of the accident scene, and even contact witnesses and other persons involved in the accident. If you are a Florida spinal cord injury patient due to the accident or have sustained other significant injuries, the insurance company will usually contact your medical professionals to get details about your treatment and its costs. If you have substantial medical bills due to the accident, you may also need to fill out medical authorization documents so that your medical records can be released to the insurance company.

Once the insurance company has investigated the accident, they will send you an offer, which is also known as a settlement offer. This is the amount that the insurance company is willing to pay you, based on your accident and your insurance policy. In many cases, this initial offer is low and may not cover all your costs. This is because while insurance companies want to close the case, they also want to save money. If you have a good idea of your claim, you can also choose to send a demand letter to the insurance company before they send you a settlement offer. This letter outlines how much you want to receive to close the case, based on your injuries and any liability issues involved in the case.

If you cannot come to an agreement with your insurance company on a fair settlement offer, you will need to negotiate with your insurance adjuster. Often, it is useful to rely on an experienced Florida personal injury attorney for this. Attorneys understand insurance laws and have the leverage to negotiate effectively. In some cases, insurance adjusters are also more willing to offer a higher settlement offer once an attorney is involved. If your claim has been denied entirely, you will also want a Florida personal injury attorney to examine your insurance company’s claims and negotiate on your behalf.

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