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Tips to Stay Safe When Boating This Summer

May 19, 2015

by South Florida Injury Law Firm Uncategorized

Being a resident of the Sunshine State comes with its fair share of perks.

Floridians enjoy warm, balmy weather nearly year-round, as well as access to some of the world’s most renowned theme parks. We also boast some of the most beautiful coasts and diverse waterways in our state, making Florida a paradise for swimmers, sunbathers, and millions of boaters.

As the weather grows warmer and the days grow longer, many Floridians are taking their own yachts, kayaks, sailboats, and jet skis out to the water, or renting watercrafts from our state’s countless boating businesses. Whether you own a boat or plan on renting one, boating in Florida is unparalleled summer activity in terms of relaxation and recreation—that is, if undertaken with certain safety measures in mind.

Every year, there are an estimated 700 fatalities involving recreational boating accidents in our country, the vast majority of which occur during the summer. Oftentimes, these accidents can be avoided by taking simple safety precautions.

If you are a Florida resident or visitor planning on boating this summer season, here are some important tips for keeping you and your passengers safe.

Wear a lifejacket. The Coast Guard estimates that as many as 90 percent of drowning victims were not wearing a personal flotation device, while many of the remaining 10 percent were wearing ineffective models. Whether you go out on a yacht, kayak, or other type of watercraft, it is imperative that the operator and each and every passenger wears a properly fitting life jacket—regardless of how strong a swimmer you are.

There are many factors out on the open water that can make swimming more difficult than usual, including the temperature of the water and the strength of the current. In addition, if you are knocked unconscious by a boat, paddle, or other object, your swimming skills can’t help you.

Stay sober. Boating under the influence of alcohol and other drugs is both illegal and highly dangerous. Every year, drunk boating is directly responsible for more than 17 percent of all recreational boating fatalities. Although public opinion isn’t as harsh on boating under the influence as it is driving under the influence, drinking and boating is just as dangerous as drinking and driving—perhaps even more so. Boaters often experience a phenomenon known as “boater’s fatigue,” where the combination of noise, vibration, wind, and glare effects a boater in a similar way as alcohol and drugs. Boat operators and passengers who suffer from boater’s fatigue may become disorientated, dizzy, and sleepy—when combined with the effects of alcohol, these symptoms can lead to deadly accidents.

Mind the weather. You should always check the weather forecast before going boating, and reschedule trips if heavy winds, rain, or storms are predicted. If you are out on the water and notice gathering clouds, darkening skies, and distant signs of thunder and lightning, return to shore immediately. If this is not possible, go below, or crouch down in the middle of the boat for the duration of the storm.

Bring along appropriate gear. Particularly if you are boating out in the ocean, it’s very important to outfit your boat with appropriate gear and supplies, including sufficient fuel and life buoys. It’s also a good idea to bring a VHF marine radio. Your cellphone may not be very useful in the case of an emergency out on the water, where coverage is often spotty and electronics can get damaged.

Take a safety course. Whether you own a boat or rent one, you and your family can benefit greatly from a boater’s safety course. Such courses can familiarize you with your boat, build your operating and maneuvering skills, and prepare you to handle emergencies.

What to Do if You are in a Boating Accident

In the event of a boating accident, a solid plan of action could save the lives of you and your passengers. If you find yourself in the frightening position of being involved in a boating accident, follow these steps:

Check to see if anyone onboard has been injured or needs medical attention.
Call the Coast Guard and alert them of the accident, describing the incident and severity of damage with as much detail as possible.
Check to see if the passengers of the other vessel need attention or assistance.

Once you are safely back on land, you should get the name, contact information, and insurance information of all boat operators involved in the crash. If possible, take pictures of the damage and any injuries you or your passengers have sustained. If you suffered bodily injuries or other damages as a result of a boating accident, you may be entitled to compensation for your losses. Contact a skilled boat accident attorney if Florida to begin taking the necessary steps towards justice and compensation for medical bills, lost wages, and other costs related to recovery.

Avoid Traffic (and an Accident) With These Apps

May 12, 2015

by South Florida Injury Law Firm Auto Accidents

Ask anyone to come up with a list of their least favorite things, and “traffic” is likely to rank highly—perhaps just behind “tax season” and a few spots higher than “paper cuts.”

Few drivers will argue that the congested roadways in Florida aren’t frustrating, inconvenient, and stressful. But did you know that heavy traffic can also be very dangerous?

In heavy traffic, it’s common for drivers to lose their patience and begin to drive recklessly. Even if you manage to keep your cool in traffic, the reckless drivers around you may jeopardize your safety. Frustrated drivers are far more likely to change lanes quickly and carelessly, ignore warning signals, and disregard the rights of other drivers. Reckless drivers frequently drive too close to other vehicles, or drive in bicycle lanes and on road shoulders in an exasperated attempt to get to their destination quicker.

When there are reckless or aggressive drivers on congested roadways, the likelihood of serious auto accidents increases. That’s why it can be a good idea for both your schedule and safety to avoid traffic whenever possible.

Here’s the good news: today, there are a variety of mobile phone apps specifically designed to help drivers avoid traffic and plan safer, faster commutes. Below, we’ve listed apps that will help you get from point A to point B without hitting heavy traffic or falling victim to an auto accident.

Waze Social GPS, Maps & Traffic. Waze is a community-based traffic and navigation app, which displays real-time traffic information provided by other users nearby. Users can update the app with useful information and alerts on road conditions, including info on hazards, gas prices, police check points, and accidents.

Price: Free

iTraffic. The iTraffic app provides drivers with highly accurate, up-to-date traffic information on their iPhones. The app automatically generates the best routes to take based on live traffic conditions, constantly updating routes to avoid any jams that occur while you are on your journey.

Price: $1.99

PD Maps Worldwide Edition. This straightforward app provides a turn-by-turn map navigation system using maps from eight different providers, including Google Maps, Yahoo! Local, and Microsoft Bing Maps. You can see real-time traffic information, and easily route and re-route your journey with the touch of a button.

Price: Free

Beat the Traffic. Beat the Traffic can help you plan a speedier route with real-time information on traffic, accidents, and other potential driving problems personalized to your route.

Price: Free

Traffic Updates. With Traffic Updates, you are able to see delays in traffic and other updates on an interactive map. You can also see different travel times and estimated delays for various routes.

Price: $.99

MyLiveTraffic. This is a collaborative app that uses real-time reports of traffic congestion across the world. The app displays visual information on route congestion overlays, warnings, and other important alerts.

Price: $1.99

Of course, it’s important to remember to access apps and plan routes before starting your drive, and refrain from using your cellphone while on the road. Cellphone usage on the highways can actually cause traffic jams, in addition to increasing the likelihood of serious, fatal accidents.

When used at the proper times, traffic apps can help you plan a safer, speedier, and smoother route. But if you do find yourself victimized in a serious auto accident caused by a reckless driver in a traffic jam, you should call a Florida accident attorney. With the help of an attorney, you can hold reckless drivers accountable for the accident, and obtain compensation for medical bills and other costs related to recovery.

Important Lessons from Distracted Driving Awareness Month

April 28, 2015

by South Florida Injury Law Firm Distracted Driving

Though Distracted Driving Awareness Month is drawing to a close, the campaign’s message holds true any month of the year.

As the Department of Highway Safety and Motor Vehicles (DHSMV) and the Florida Department of Transportation (FDOT) reminded us during their distracted driving awareness campaign this month, distracted driving is incredibly dangerous.

In Florida, distracted driving is a leading cause of auto accidents. According to recent reports, distracted driving accidents in Florida have risen 25 percent in the last three years. Studies have found that teens are responsible for an average of 12 percent of accidents, while drivers aged 20 – 29 account for an average of 31 percent of distracted driving accidents in Florida.

As director of Florida Highway Patrol Col. David Brierton explained in a press release from Florida Highway Safety and Motor Vehicles, “If you are not 100 percent focused, then you’re not 100 percent driving.”

Driving distractions come in many forms, including visual, manual, and cognitive. Common examples of distracted driving include texting, operating a GPS system, and daydreaming.

To help fight distracted driving in Florida this April and beyond, we’ve compiled a list of rules for avoiding distracted driving practices. Even though Distracted Driving Awareness Month is ending, these rules should be diligently adhered to throughout the year.

Switch off your phone. For many drivers, the buzz of a message or the hum of a call sparks an irresistible urge to check their phone. But in the seconds it takes to remove your eyes from the road and glance at a message, road signs, approaching cars, and other obstacles can be missed. When this happens, dangerous accidents occur.

Plan ahead. If you know you are going to need to use a GPS navigation system during your trip, be sure to plug in coordinates ahead of time. Set the air-conditioning or heat controls on a comfortable level, and pick a playlists or a CD before starting to drive.

Pull over. Sometimes during drives, you may need to answer an important phone call or find directions for a new location. When this happens, find a safe parking space or lot and pull over. The brief moment it takes to pull over can end up saving you from causing a crash.

Save the snacks and drinks for later. With so many fast food restaurants offering drive-through windows in Florida, it often feels like we are being encouraged to eat in our car. But eating or drinking while driving can be incredibly distracting. When you pause to unwrap a granola bar, take a sip of coffee, or clean up a spill, your attention is not where it should be—on the road and the drivers around you.

Be mindful of passenger distractions. Studies have found that many distracted driving accidents occur when there are passengers in the car. Young children, unrestrained pets, and chatty passengers can be very distracting to drivers—be mindful of this, and don’t be afraid to politely request to postpone conversations for after the drive.

Hold distracted drivers accountable. You can help raise public awareness of Florida’s serious distracted driving problem by holding distracted drivers accountable. After falling victim to a distracted driving accident, contact a Florida auto accident attorney. An experienced attorney can explain your options, assist you in filing a claim, and ensure your voice is heard. If it becomes necessary to go to court, your attorney can help you defend your right to just compensation and speak out against distracted driving in our community.

When Are Hotels Liable for Accidents and Injuries?

April 21, 2015

by South Florida Injury Law Firm Hotel Accidents

Millions of tourists flock to Florida each year, seeking sunshine, beaches, and adventures in some of the world’s most beloved theme parks. After a day spent swimming with dolphins and riding roller coasters, vacationers head to their hotel for rest and relaxation.

Once vacationers are back amid the fluffy pillows, sleek décor, and luxurious facilities of their hotels, few imagine that they are in danger of injury and harm. However, while most hotels are designed to provide guests with a secure, restful, and comfortable experience, accidents and injuries do happen frequently on the premises of Florida hotels.

Hotels have a responsibility to protect their guests and visitors. Under Florida law, hotel owners and operators must keep the hotel premises—including rooms, lobbies, spas, pools, and restaurants—in safe condition. When hotel management fails to live up to this standard, accidents and injuries can occur.

Below, we’ve listed some of the most common accidents that occur because of dangerous conditions or staff negligence in a hotel.

Slip-and-falls. Hotel owners have a responsibility to maintain the safety of all walkways and eliminate dangerous conditions. Wet floors, worn carpeting, and cracked and uneven flooring can cause slip-and-fall accidents. These types of accidents are particularly dangerous in pool areas, where falling guests may hit their head on concrete and suffer traumatic brain injury.

Food poisoning. Unrefrigerated, under-cooked, and contaminated ingredients can poison room service and hotel restaurant dishes. Hotel operators have a duty to comply with approved food handling and sanitation measures to avoid transferring harmful bacteria to their guests.

Bedbug bites. When hotels do not maintain the cleanliness of mattresses, pillows, and furniture, the likelihood of a bedbug infestation increases. In the event of infestation, hotels have a responsibility to employ proper pest control measures. If they fail to eradicate bedbugs, hotel guests may suffer painful bites, and could unknowingly carry bedbugs home with them in their clothes and luggage. Once bedbugs infest a private home, it can be incredibly expensive to eradicate them.

Drowning. Drownings and other swimming pool accidents may occur in hotel pools if management fails to train staff to prevent such disasters, and if pool, hot tub, and waterslide conditions are unsafe.

Burns. There are a variety of unsafe conditions that can cause burns for hotel guests, including water thermostats that are set to high and broken irons.

Assaults. Guests often drop their guard and relax in hotels, making them more vulnerable targets for violent crimes such as assault and robberies. Hotel owners endanger their guests if there are inadequate security issues in their hotels, such as insufficient lighting, faulty locks, and a lack of security cameras and staff.

Holding a Hotel Accountable

Under Florida law, hotels may be held liable if you were injured or harmed in any way due to unsafe conditions. However, you bear the legal burden of proof to demonstrate that the hotel knew or should have known of the condition and fixed it. For instance, if you can show that the hotel neglected to recognize a dangerous condition because management failed to appropriately maintain and inspect the premises, the hotel may be held liable for any injuries you suffer as a result

To successfully hold a hotel accountable for your injury in a personal injury claim, you must meet the burden of proof by showing sufficient evidence. That’s why it’s important to take the appropriate steps after falling victim to an injury at a hotel.

Alert the hotel. Contact the hotel manager as soon as possible to alert them of your injury and the dangerous condition. This way, they can secure medical assistance for you and address the danger to prevent harm to other guests.

Seek medical attention. Even if you believe your injuries are minor, it’s important to seek medical attention immediately. Prompt medical treatment is important for your physical well-being and the strength of your case, and medical records will provide valuable evidence of the harm you suffered. Whenever possible, secure copies of medical bills, prescription receipts, and other treatment-related costs.

Contact an attorney. It can be difficult to hold a hotel liable for your injury, even if it was caused by blatant negligence. Hotels are often owned by large, multinational corporations and backed by a team of top lawyers. That’s why it’s important to enlist the aid of your own attorney, ideally one who is experienced in Florida hotel injury cases. An experienced attorney will understand Florida’s complex personal injury laws, and gather evidence, find witnesses, and file an insurance claim. And if it becomes necessary to court, your lawyer can fight to for your right to be compensated for medical costs, lost wages, and overall pain and suffering.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Who Can Be Held Liable for Defective Products?

April 15, 2015

by South Florida Injury Law Firm Product Liability

As a consumer, you place a great deal of trust in the products you buy and the companies that produce them. It is not uncommon for a person to find one brand of a particular product and stick with it, essentially forming a relationship with that brand because it has proven itself time and time again. But what happens when the brands or products that we know and love—and trust—let us down?

Recently, Kraft recalled 6.5 million boxes of Mac and Cheese after consumers reported finding shards of metal in the boxes. A few months ago, a woman in Texas reported that she bit into a metal object while eating M&Ms. Unfortunately these are not isolated incidents. Accidents like these do happen from time to time, even from major companies like Kraft and Mars. But should major companies bear all the blame themselves?

If you have suffered in any way as a result of a defective product, you need to know that there are more parties involved than you may think.

Product Defects: Who is to Blame?

Generally, we think of defective products as corporations’ problems. If a consumer finds bits of metal in a box of Mac and Cheese, most people’s minds will jump first to Kraft, the company behind the product. But what about the store where the product was purchased? And what about the distributor that supplied the product to the store? Can these parties—or others—be held accountable? Yes, they can.

In fact, any party that is involved with a product before the product reaches the consumer can be held liable for a defective product. Typically, there are three parties who could be to blame:

The manufacturer
The wholesaler
The distributor

All of these parties can be equally liable in a defective product case. By selling their products, each of the above parties either explicitly or implicitly ensures the consumer that the product is safe and ready for use. If any supposedly safe product results in your harm or bodily injury, each or all of these three parties has essentially let down their end of the deal.

Receiving Compensation

A defective product claim may fall under one of three categories:

Strict product liability, where a plaintiff does not need to prove direct negligence on the part of the manufacturer or seller but must only show that a certain product was defective
Negligence, where the consumer must prove that he or she sustained harm as a result of a product failing to operate as it was supposed to
Breach of warranty, where a consumer can show that a certain product performed in a way that went against its stated or implied warranty

Each of these categories comes with a number of nuances and details, all of which a knowledgeable attorney will be able to discuss with you in detail.

In a product liability case, it’s important to remember that your case is not about choosing one party to deem responsible and bear the brunt of the blame and all the associated consequences. On the contrary, it is simply about holding responsible parties accountable. To ensure that you receive the compensation that you deserve and to ensure that the responsible parties improve their practices for the future, it is imperative that you take action.

If you have experienced a defective product that has caused you harm in any way, you deserve justice. Contact the lawyers at The South Florida Injury Law Firm today to start fighting for the compensation that you deserve.

Poorly Designed Roadways in Florida Common Cause of Auto Accidents

April 6, 2015

by South Florida Injury Law Firm Auto Accidents

From drunk drivers to speeding to neglecting to use seat belts, there are plenty of hazards that can cause car accident injuries and fatalities.

[clickToTweet tweet=”Studies found that poorly designed highways and road conditions contribute to more deaths than any other factor” quote=”But studies found that poorly designed highways and dangerous road conditions may contribute to more deaths than any of these factors, accounting for more than half of fatal crashes in the US.”]

Every year, poor road design and dangerous conditions causes thousands of fatal auto accidents in Florida and across the country. Examples of poor design and dangerous conditions include:

Ineffective exit ramps. When on- and off-ramps are improperly placed or too short, they do not allow for safe merging. When drivers cannot merge safely, collisions and other severe accidents may occur.

Improper shoulder design. The shoulder of a road should have adequate space to allow drivers to exit their car safely without being struck by passing vehicles. In addition, the slope of a road shoulder should be as level as possible to reduce the chance of rollover.

Street edge drop-offs. Street drop-offs, such as ravines or cliffs, should have safety guards and other measures to prevent drivers from accidently swerving over the edge.

Improperly situated median barriers. When median barriers are not situated appropriately, this can lead to fatal head-on collisions with other motor vehicles.

Dangerous intersections. Conditions such as narrow roads, sharp roads, and confusing traffic signals can make it even more difficult for drivers to navigate through already-tricky intersections.

Road hazards. Government agencies that are responsible for the road have a duty to keep road services clear of dangerous obstacles, such as trees and other vegetation. Road surfaces should also be kept clear of dangers, such as pot-holes, which can damage vehicles.

Inadequate signage. When warning and instructional signs are absent, defective, improper, or allowed to deteriorate or be removed, this can cause confusion among drivers, leading to fatal accident. The same is true for traffic signals—if they are poorly placed or allowed to malfunction, this can create disorder and cause accidents on the roads.

Inadequate pedestrian safety measures. Roadways without appropriate crosswalks, pedestrian islands, and other pedestrian accommodations can cause serious pedestrian accidents. These types of accidents are often fatal, since cars are much larger and moving faster than pedestrians.

Inadequate lighting. When there is insufficient lighting on roadways at night, this can severely hinder visibility for drivers, making them more likely to hit an obstacle, pedestrian, cyclist, or other driver.

Dangerous road surfaces. Road surfaces become dangerous when pavement does not have adequate skid resistance, or when improper drainage causes ponding or hydroplaning.

Poor construction. When road builders fail to follow approved plans, use shoddy materials, or make careless errors when building roadways, roads and highways can deteriorate, collapse, and otherwise fail to provide safe driving conditions.

Failure to adapt. The agencies responsible for maintaining roads have a responsible to maintain and adapt roads when it becomes necessary to ensure driver safety. This includes addressing road cave-ins and sinking, changing use patterns by vehicles and pedestrians, and noting and resolving causes of reoccurring accidents.

Unsafe parking policies. Parking policies that limit visibility of a dangerous intersection can result in accidents for pedestrians, bikers, and motor vehicle drivers alike.

Inadequate bike safety measures. Similarly, bike accidents are also often fatal, and are often caused by an absence of bike lanes or lanes with unsafe design.

If You or a Loved One Was Injured in a Poor Road Design Accident

Poor road design and dangerous conditions can cause many kinds of serious accidents, including auto accidents, motorcycle accidents, pedestrian accidents, and bike accidents. If you or a loved one was involved in an accident that you suspect may have been caused by poor road design, it’s critical to contact an auto accident lawyer as soon as possible.

It can be difficult to determine and prove whether poor road design caused your accident, often requiring a thorough investigation and evaluation by accident reconstruction specialists and engineers. An attorney can help you gather evidence, locate witnesses, and consult with the necessary experts.

A lawyer can also help you identify the party responsible for your accident. This is often a challenging task, since multiple parties may be involved. Through research and investigation, your attorney can help you determine whether the dangerous roadway as the responsibility of a private contracting firm, the local government, or the federal government.

Regardless of who or what caused your accident, the consequences of an auto accident can be devastating for you and your family. By filing a claim against the responsible party, you can secure much needed compensation for medical bills, repairs, lost wages, and overall pain and suffering. You will also bring attention to a dangerous roadway, which can prevent similar accidents from happening in the future.

About the Author:

Florida is the Worst State to Get Into a Car Accident

April 1, 2015

by South Florida Injury Law Firm Auto Accidents

Recently, Florida has been ramping up efforts to make our roads safer. From installing new, easier SunPass payment systems across the state to passing harsher distracted driving laws, the Florida justice system has noticeably been trying to lessen the number of automobile accidents that occur statewide.

Unfortunately, these efforts do not seem to be coming fast enough. Florida has been dubbed one of the top 10 states with the worst drivers, and our crash statistics are nothing to be proud of. Now, despite Florida’s best efforts to turn over a new leaf of traffic safety, a recent study from WalletHub has found one more defect in Florida’s approach to road safety.

According to the study, Florida is the worst state in the country to get into an automobile accident.

[clickToTweet tweet=”Despite the fact that it is illegal in Florida to drive without insurance, 23.8% of Florida drivers are uninsured.” quote=”Despite the fact that it is illegal in Florida to drive without insurance, the study found that 23.8% of Florida drivers are uninsured.”]

Additionally, Florida has a very lax minimum liability coverage requirement. This not only makes matters worse for drivers responsible for accidents, but even more so for the innocent drivers that they hit.

The Insurance Debacle

One of the most important revelations from WalletHub’s study is a problem that Floridians have been avoiding for too long—the problem of minimum liability coverage. Unlike many states, Florida does not require most of its drivers to have bodily injury liability (BIL) coverage (that is, insurance coverage that protects other drivers in the event that you cause an accident).

The exception here is that certain drivers can be ordered to have BIL coverage, particularly if they have been involved in accidents before. But even in those cases where BIL coverage is mandated, Florida only requires a minimum coverage of 10/20. This means that if you cause an auto accident, your insurance company will only be required to pay $10,000 for each person whose injuries you caused, and no more than $20,000 total.

For reference, compare these numbers to Alaska, which is one of the highest-ranking states in the nation according to the WalletHub study. Alaska’s BIL coverage is 50/100, meaning that in the event of an accident, an insurance company will pay up to $50,000 for each individual, not exceeding $100,000. Comparatively, Florida’s requirements barely even register.

To be fair, Florida does encourage drivers to include BIL coverage in their insurance packages. Since it is optional, though, many drivers will opt out of including BIL coverage in the interest of saving themselves some money.

The Risks of Lax Insurance Coverage

By allowing drivers to get on the road with such low insurance coverage, the state of Florida is essentially letting drivers shirk their responsibilities to themselves and other innocent people on the road, including cyclists and pedestrians. In bad accidents that result in serious bodily injury to others, Florida’s mandated minimal coverage will not be nearly enough to cover the costs of medical bills and other associated expenses.

This means that the other person, the driver who had nothing to do with the accident but who merely suffered the consequences of being in the wrong place at the wrong time, has to foot the rest of the bill. It also means that everyone else—that is, all citizens of Florida who actually pay for insurance—will have to pay more.

Insurance supplements like bodily insurance liability benefits may seem unnecessary to drivers, but car insurance is something that works on a large scale. In order for all citizens to benefit, all citizens must pay into it. Unfortunately, as long as adding BIL coverage will mean higher monthly payments for drivers, plenty of people will continue to opt out of it if given the choice. This means that many people, if they are struck by an uninsured driver in Florida, are simply out of luck.

What This Means For You

Florida’s low insurance coverage requirements may seem great for drivers who do not want to pay too much for insurance, but it can be devastating for other men and women they share the road with.

If you have been injured in an auto accident, you may be experiencing the effects of Florida’s lax insurance policies first hand. But do not let another person’s negligence cost you. If you have been in an accident and have suffered at the hands of a driver who did not have adequate insurance coverage, you should still be entitled to compensation.

Do not allow yourself to be a victim of Florida’s lax liability insurance laws. Fight back with a knowledgeable, experienced attorney to make sure you get the fair and just compensation that you deserve. Contact our law offices today to set up a free consultation and start getting your life back on track.

Will Florida’s Recent Hit-and-Run Ruling Impact Injury Cases?

March 24, 2015

by South Florida Injury Law Firm Auto Accidents

A recent ruling in Florida might make it a whole lot harder for victims of hit-and-run crashes to get the justice that they deserve. The ruling states that drivers who are responsible for hit-and-run crashes cannot be prosecuted unless there is definite proof that they knew they had been involved in a crash.

This decision comes following the appeal of a case in which a Florida driver was convicted and sentenced to two years in prison after hitting a 22-year-old skateboarder with his truck. The teenager was dragged nearly 90 feet and was in a coma for weeks as a result.

Now, Florida’s Supreme Court has sided with the appeals court, which stated that the driver in this case may not have known that he hit the boy. The Supreme Court reasoned that in order for a felony conviction to be made in any case, the prosecution must be able to prove that the offender knew what he was doing and chose to willfully disobey the law.

What Does This Mean For You?

Florida is well known for a lot of things, but unfortunately road safety is not one of them. Each year, Florida sees 200,000 automobile accidents, thousands of which involve pedestrians. Worse still, the rate of hit-and-run accidents in Florida has been on the rise. In 2014, hit-and-run accidents were up by 23%.

Unfortunately, this recent ruling is a step backwards for Florida’s ongoing journey to make the roads safer for drivers and pedestrians. Although intended to protect the rights of drivers, the new ruling seems destined to backfire and could wind up leaving countless hit-and-run victims in the dust.

Do Not Be Discouraged—Your Case Matters

This new ruling may send the wrong message to Florida citizens: that hit-and-run drivers can be excused. The lawyers at The South Florida Injury Law Firm know that that is not true. This ruling will likely change the way that hit and run cases are handled in court. However, it does not mean that it is now impossible for hit-and-run victims to receive compensation for their resulting injuries and trauma.

On the contrary, it just means that your lawyer may have to do a little more investigative work. Maybe the driver responsible for the hit-and-run truly did not notice that he had been involved in an accident, but how could he have missed it? Was he distracted? Was he texting, toying with the radio, smoking, or talking on his phone while driving? Was he looking away from the road at the time? Maybe he was intoxicated or under the influence of drugs at the time of the accident, or maybe he was driving without insurance and so chose to flee the scene before cops could arrive. Whatever the scenario, you deserve a lawyer who will stop at nothing to uncover the truth.

Even though it may seem that the state of Florida is turning its back on victims of hit-and-run accidents following this, the lawyers at The South Florida Injury Law Firm will stand beside you and see to it that responsible parties are held accountable. If you have suffered personal injury as a result of a hit-and-run, do not let this new ruling prevent you from seeking the justice that you deserve and the compensation that you need to fully recover and get back to your normal life. Contact us today.

Guest Post: Dolman Law Asks When a Car Crash Lawyer is Needed

March 18, 2015

by South Florida Injury Law Firm Auto Accidents

When do you need to hire an auto accident attorney? That’s the question that the Law Offices of The South Florida Injury Law Firm was asked by Matthew Dolman of Dolman Law Group, and it’s something that many of our clients have said they wondered about before contacting us.

Mr. Dolman wanted to get a range of responses from experienced car accident lawyers, so I decided to add my voice, as well. If you’d like to read the final post, which 13 different personal injury lawyers contributed to, check it out here: https://www.dolmanlaw.com/hire-car-accident-lawyer/

Ride Sharing Companies Provide Insufficient Coverage – Period

March 17, 2015

by South Florida Injury Law Firm Ride Sharing Accidents

Seemingly overnight, ride share companies like Lyft and Uber have all but taken over in some major U.S. cities. While these companies have certainly brought their share of advantages, they have also brought a whole new bunch of potential issues and questions that need answering. For instance, what safety precautions are these companies following, and what steps are they taking to protect their drivers and passengers?

Even before we can answer these questions, though, ride share companies must decide what types of companies they are and which types of employees their drivers are. Unfortunately, the answers to these questions are not always completely clear. As of today, both Uber and Lyft classify their drivers as independent contractors, which means the companies are not responsible for paying certain expenses such as liability insurance and workers’ compensation. Now, however, separate lawsuits are being filed against both companies by drivers who claim that they ought to be treated as employees and not independent contractors.

Employee Classification

There have always been differing levels of employees—those hired directly by a company, those hired by a third-party agency to work for a company, independent contractors, and so on. These classifications decide how a company will be obligated to each worker and will dictate whether or not the worker will be eligible for benefits such as workers’ compensation.

While the different types of employee classifications are always changing, there are a few classic overarching employee categories that most people agree on:

Regular employee – A regular employee is an individual who is employed directly by a company. Regular employees can work either full- or part-time, with different benefits being extended for each individual role. For regular employees, benefits like health care and liability insurance come directly from the company.

Fixed-term or contract employees – Contract employees are hired for set periods of time. Although their work agreement is temporary, for the time that they are working within a company, they are entitled to the same benefits as regular employees and will receive pay and benefits equal to what they would receive if they were regular employees.

Independent contractors – Independent contractors are usually freelancers who work for themselves on a day-by-day basis. They set their own rates and are paid directly by the company that they are working for, but they are not eligible to receive any additional benefits from the company.

Uber and Lyft drivers are currently considered independent contractors. And as many of these drivers are coming to realize, the lack of benefits for independent contractors can be extremely problematic in a number of ways. But because drivers are not contractually bound to ride share companies, the companies do not consider themselves indebted to or responsible for these drivers in any way.

For ride share drivers, this is unacceptable. If personal injuries are sustained on the job, drivers deserve to be compensated. When drivers are hurt or unable to work, the whole company takes a blow—without drivers, ride share companies could not exist. Companies like Uber and Lyft ought to recognize this, realize how valuable their drivers truly are, and start treating them as assets.

Drivers are just as likely to incur on-the-job injuries as employees in other lines of work. Unlike employees with other companies, though, ride share drivers usually have little to no way of protecting themselves against certain potential injuries. Consider taxicabs, for instance, which at least have protective glass separating the driver from the passengers in the back seat. Uber and Lyft drivers do not even have that. This means that driving for companies like Uber or Lyft can be far more dangerous than one may initially think.

Ride-Share Injuries Not Limited to Drivers

Of course, we can’t forget the passengers. Passengers are equally at risk of injury in Uber and Lyft cars, and unfortunately they are just as ignored by these companies’ insurance policies as the drivers are. But as long as ride share companies are sticking with their story they are not obligated to pay liability insurance, neither the drivers nor passengers will be fully covered if accidents occur.

As anyone who has been injured in an auto accident knows, the damages and injuries sustained can be significant – sometimes life-changing. Responsible companies should not be allowed to simply abandon people who work for them or are injured due to their negligence.

If you have been injured as a driver or a passenger in a ride share car, do not allow these companies to shirk their responsibilities and leave you helpless. Fight for the compensation that you deserve by contacting a qualified attorney today.

Just because ride share drivers are currently considered independent contractors by companies like Lyft and Uber does not mean that these companies should receive a pass whenever a sticky legal issue comes up. When accidents happen, responsible parties must be held accountable.