826 expressway modifications being made

826 Palmetto Expressway and I-75 Lane Closure and Construction Schedule 2019

by Auto AccidentsPersonal Injury

 

Dade and Broward county roads are about to become a bit more confusing and request drivers to be more attentive to the road and the scheduled construction plans on the 826 Palmetto Expressway and I-75 throughout August 2019, while making room for a new Express Lane on the 826 Palmetto Expressway.

As auto accident attorneys with years of experience winning cases throughout South Florida, we know how important it is to constantly be aware of all new laws affecting drivers. We’ve put together a list below that outlines the lane closure dates and available detours provided by the Florida Deportment of Transportation (FDOT) to help you plan ahead and avoid potential hazards.

 

LANE CLOSURE SCHEDULE FOR DADE/BROWARD COUNTY ROUTES ON SR 826/PALMETTO EXPRESSWAY,  AND I-75:

 

August 8th , 11PM to August 9th 5AM

  • On I-75 two southbound outside lanes will be closed between NW 170 Street and SR 826/Palmetto Expressway.
  • On I-75 two northbound outside lanes will be closed between SR 826/Palmetto Expressway and NW 170 Street.

 

 August 8th , 9AM to August 9th 4PM

  • On SR 826/Palmetto Expressway the northbound and southbound outside shoulders will be closed between NW 25 Street and NW 103 Street/West 49 Street.

 

August 8th  10PM to August 9th 5AM

  • On I-75 two southbound inside lanes will be closed at SR 826/Palmetto Expressway.

 

 August 8th  9PM to August 9th 5AM

  • On SR 826/Palmetto Expressway one northbound inside lane will be closed between West Flagler Street and NW 25 Street
  • On SR 826/Palmetto Expressway one southbound inside express lane will be closed at Okeechobee Road.

 

August 9th  9PM to August 12th 5AM

  • On SR 826/Palmetto Expressway, the entrance ramp from southbound I-75 and westbound SR 924/Gratigny Parkway will be closed.

Available Detours:

  • Take the northbound SR 826/Palmetto Expressway entrance ramp
  • Exit NW 154 Street westbound
  • Take the entrance ramp to SR 826/Palmetto Expressway

 

August 9th  10PM to August 10th 5AM

  • On West 20 Avenue one northbound lane north of West 44 Place will be closed.

 

August 12th  9AM to August 16th 4PM

  • On SR 826/Palmetto Expressway the northbound and southbound outside shoulders will be closed between NW 25 Street and NW 103 Street/West 49 Street.

 

Stay alert when driving and especially through these areas.  Avoid any driver who is obviously not paying attention to the road. Never get into a car driven by someone who has been drinking and watch out for traffic from local bars and/or clubs. Steer clear of any driver who refuse to yield the right-of-way, don’t obey traffic signals, tailgate or pass improperly.

In the event you are involved in an accident, know what to do and your rights. With the help of an attorney, you can hold the guilty party responsible

Find out more about what to do after a car accident in South Floridatruck accident attorney law firm

 

Always remember that how you respond following an accident can be the difference between being properly compensated for all damages or potentially not obtaining what you deserve in terms of a financial settlement. Auto insurance companies deal with accident claims daily and the claims adjusters are obligated to the company and their client first. Always select a law firm that specializes in auto accidents with a solid track record of results for their injured clients to make the most impact to your claim. A skilled attorney can help you obtain compensation for medical bills, lost wages, and overall pain and suffering.

The South Florida Injury Law Firm is a trusted car accident law firm serving Dade, Broward and Palm Beach counties. We’re proud to provide each of our clients with high-quality legal representation. We’re committed to helping you receive the compensation that you deserve and owed. Helping you stay on the right track and safe on the road.

Got into a Memorial Day Weekend Crash in Florida? You're Not Alone

Got into a Memorial Day Weekend Crash in Florida? You’re Not Alone

by Auto Accidents

Got into a Memorial Day Weekend Crash in Florida? You're Not Alone

Memorial Day offers a  time to celebrate loved ones lost. It also signals the beginning of another Florida summer which often means road trip! In either case, we all find a reason and a way to cut loose.

Unfortunately, these celebrations also lead to an uptick in car accidents.

The primary causes? More cars on the road plus the sheer increase in motorists choosing to drive drunk – a dangerous, even deadly, combination.

In today’s post we share the hard numbers on Memorial Day car crashes, and offer some insight into car accident liability in this state.

Florida Memorial Day Crashes: The Hard Numbers

If you were injured in a Memorial Day car crash, you’re far from alone. In fact, Americans are four times more likely to die on the road on Memorial Day weekend than any other regular weekend.

Nearly 43 million Americans travel during this time, and every year over 300 fatal accidents occur. Many thousands more serious injuries occur, which can be permanently debilitating.

Florida’s waterways invite abundant Memorial Day festivities, so the state is actually one of the most dangerous places to be on the road over the holiday weekend.

Florida Car Accident Laws

Being involved in a Memorial Day car accident can leave you facing major financial concerns such as costly car repairs, medical bills and lost wages. This can place a major financial burden on your entire family.

When the crash isn’t your fault, you have the right to seek damages for your injuries. This holds the responsible party accountable for their negligent actions, which can also bring you some sense of closure.

However, if you plan on filing a claim, it’s important to take action as soon as possible. There are four key elements you should understand about Florida car accident liability – including the statute of limitations – which we cover below:

Reporting a Florida Car Accident

If you’re involved in a Florida car accident and the crash resulted in serious injury, death or over $500 worth of damages to the vehicles, the accident must be reported to the local police department.

This report should be made immediately following the accident, as it will be an important piece of evidence later in determining fault.

Florida’s No-Fault Car Insurance Laws

Florida has a no-fault car insurance scheme. This means that injured drivers and passengers first turn to their own personal-injury protection car insurance to get compensation for medical bills, lost income and other expenses, regardless of who was at fault.

A claim against the responsible party is only possible if the victim sustained a serious injury. This includes significant disfigurement, broken bones, permanent limitation of a bodily organ or limb, or full disability for at least 90 days.

Statute of Limitations

You will have four years from the date of your crash to file suit for damages. Cases filed after this statute of limitations will probably be dismissed.

Professionals recommend filing suit much sooner, though, as the seriousness of your injuries may fall under question when you wait several years to file suit.

Comparative Negligence

In the majority of car accidents, both drivers are at some degree of fault. When a serious injury has been sustained, Florida follows a “pure comparative fault” rule.

This means a jury is asked to calculate both the percentage of fault that belongs to each party, and the monetary value of the damages sustained by the plaintiff. The plaintiff’s damages are then reduced by the percent equal to their fault.

Fort Lauderdale Car Accident Attorneys

 

Seeking damages for a Florida car crash is an often-complex undertaking, but may be necessary to help you recover from your injuries and get your life back on track.

Knowing what to do after a car crash and seeking out the advice of an attorney if necessary can help get you the compensation you deserve.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 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.

 

Keep Your Teens Safe: Alternatives to Driving to Prom

Keep Your Teens Safe: Alternatives to Driving to Prom

by Auto AccidentsAutomobile SafetyTeen Driving

Keep Your Teens Safe: Alternatives to Driving to Prom

In the height of prom season, across the country, local police and first responders work with surrounding schools, survivors, and other drunk driving prevention organizations to reenact realistic reminders of why teens in their communities shouldn’t drink and drive.

One survivor in Illinois recounted his experience of being ejected through a car window after plowing into a telephone pole following a night of drugs and alcohol, and the time it took afterward to re-learn the basic functions of walking, talking, and feeding himself. He also revealed that of the two who were with him, one was in prison, the other dead.

Closer to home, Palm Beach County first responders partnered with the Health Care District and Royal Palm Beach High School SADD members to present “Shattered Dreams,” a prom night car crash reenactment complete with real police and firefighter rescue.

Despite these tragic true stories, far too many teens innately believe that “it won’t happen to me.”

So, one way parents can further ensure their teens’ safety this prom season is to provide them with transportation options to and from the festivities – and require that they decide well before prom night.

Today’s post suggests some fun and flashy alternatives to driving that are way more stylish than that tired, played-out limo rental or letting one of their friends drive them as part of a group.

Party Bus Is the New Stretch

These vehicles offer standing room and the ability for folks to move around a lot easier than a packed limo – when it’s stopped, of course. They also boast a dedicated area to stock non-alcoholic refreshments and snacks, and usually have great sound systems wired to Bluetooth in passengers’ own playlists. They fit way more people than a limo, too.

The more party people in the bus, the less there are on the roadways alone. This is a great option for that high school crew looking for rock star treatment.  

Take the Trolley

A dozen or more of your teen’s closest friends packing a trolley – what could be more fun (and safe) than that? It may take a little research, but depending on your location, where prom takes place, and trolley run times, this could be one of the most cost-efficient and exciting adventures of the evening for them!

One of the many, many people who don’t live in an area with an actual, working trolley system? If everyone wants to invest a bit more, there are also a few charter trolley rentals around the South Florida area you can check into.

Romantic Ride-Sharing

Ride-sharing has hands-down been one of the most quickly-integrated technologies of the last decade – you, your teen, or both may have already used ride-sharing services on different occasions.

Think ride-sharing doesn’t seem very “prom”? Fair enough, but you may not be aware of some of today’s available service upgrades. We suggest looking into UberSelect, UberBLACK and UberSUV options in your local area. These are luxury livery services, offering commercially registered and insured SUV and luxury sedans complete with uniformed drivers.

A Walk in the Moonlight

What about a leisurely stroll to and from the event? It’s a sure-fire way to avoid a traffic accident, and a sweet opportunity to extend a perfect evening.

You can sell it to your little lovebird as a chance for them to spend time alone with each other – but in public, close to home, and with pre-approved check-ins or curfew time so you can reasonably know they’re safe.

Teen Car Accident Lawyer

If your teen does decide to drive, recommend a combination – maybe suggest driving to prom and then taking a safer alternative home. If they insist on driving round trip, there are other safety tips you can offer to limit distractions, such as keeping it to one couple per vehicle to avoid over excitement and reduce overall number of people at risk of being hurt in an accident. Also, don’t hesitate to remind them that the primary way they can prevent a DUI accident is simple: don’t ever drink and drive.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 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.

What Happens If You Get Into a Florida Car Crash with a Wild Animal?

What Happens If You Get Into a Florida Car Crash with a Wild Animal?

by Auto Accidents
What Happens If You Get Into a Florida Car Crash with a Wild Animal?

Just under a year ago, a Florida mother and her two toddlers suffered a fatal auto collision with an alligator in South Carolina. According to police, they struck the animal and skidded off the road, smashing into a tree. The vehicle burst into flames upon impact, killing all three.

Unfortunately, if you live in Florida — or anywhere along the Gulf of Mexico — this probably isn’t the first story you’ve heard about an auto accident involving one of these larger-than-life reptiles. In fact, the USDA reports about a billion dollars annually in collision damage due to alligators and other wildlife.

If you have recently experience this kind of accident, and aren’t sure what happens next, an experienced Florida auto claims attorney can help. In the meantime, we’ll share how to avoid animal-vehicle collisions, reduce impact when you can’t, and what happens afterwards if the accident was unavoidable.

Avoiding a Wildlife Accident in Florida

Three common-sense concepts are the most likely way to get you where you need to be without colliding with part of the animal kingdom:

  1. Drive Undistracted. We can probably all agree that you can’t avoid what you don’t see. With technology at our fingertips — some of which is specifically designed to make our driving experiences more enjoyable — accidents due to distracted driving have risen drastically over the past several years. Even if you think you’re alone on the open road – just you, your GPS app, and your playlist – know that you’re not. The primary way you can help yourself avoid a wild animal collision is to keep your eyes on the road.
  2. Know Your Roads. Understanding what wildlife populates your areas, during which seasons, and their basic life habits will help when navigating various landscapes on your regular routes — particularly over hills and at crossing points. Additionally, you should use auto safety features like adaptive headlights to see better. Wild animals are generally most active at dusk and dawn, so you want to be on heightened alert during those hours. Finally, living where alligators are abundant means learning to keep your eyes lower than someone watching for, say, deer.
Avoiding a Wildlife Accident in Florida
  • 3.)   Keep to Posted Speeds. You may not be aware, but roadway engineers consider every aspect of the environment when developing recommendations for speeds. They look at physics and velocity around curves, distances of straight-aways before drivers become drowsy — everything. Sometimes those low speeds are in place to allow you enough time to brake for local wildlife. 

When you do have to stop suddenly, quickly tap your brakes several times to signal drivers behind, lay on your horn to frighten the animal, and then simply brake – do not swerve. You may be able to stop short of an accident, and swerving often leads to greater damage than the actual impact.

Otherwise, braking in the way described will at minimum reduce animal-vehicle impact and associated damage. From there, a few key steps will ensure swift and proper processing of your auto accident claim.  

After an Animal-Vehicle Collision Occurs in Florida

Your comprehensive coverage insurance plan protects your vehicle against physical damage from a car crash not caused by a stationary object or another vehicle. That includes wildlife-vehicle collisions as long as your claim meets a few standard requirements.

Generally speaking, you should take these steps:

  1. First make sure that you and any other people involved are okay. If there are serious injuries, reach out to emergency services immediately.
  2. If possible, pull over and do what it takes to make yourself and the scene visible: put on your hazards, and light a couple of flairs if you’ve got them.
  3. Next, call the police to report the accident. Although there is no law in Florida against leaving the scene of an animal-related accident, staying until authorities arrive to let them know whether the animal is alive (in which case they can safely put it down) is the humane thing to do.
  4. Last, if you’re able, take photos. Document the scene, the animal, the damage to your vehicle, and any visible injuries sustained by yourself or any passengers.
South Florida Car Accident Attorney

Nearly all animal car accidents are handled the same by car insurance carriers. Knowing what damage to look for and how to handle an animal damage claim can save time and money.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 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.

 

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

by Auto Accidents

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

No turn signals, sudden stops, swerving – driving on the road in Florida can feel like an accident waiting to happen. Even if you’ve lived in the state your whole life, it can be incredibly frustrating to drive here. Worse, the blame is shared between retirees, tourists, and just downright bad drivers.

Unfortunately, it appears that some Florida drivers can’t let these frustrations go, which has led to the Sunshine State being a leader in road rage cases throughout the country.

Between 2014 and 2018, Floridians reported over 277 cases of road rage. We don’t just mean 277 horns honking or obscenities out the window, either. These cases involved guns, and 20 people have died at the hands of a gunman due to road-related events.

Hopefully, it goes without saying that pointing a gun at another driver doesn’t solve road rage problems. It only puts you at risk of an arrest (or of getting a gun pulled on you!).

Even if you are a Florida driver who doesn’t experience road rage yourself, you may still find yourself at the center of an accident with an angry driver. Use these tips to stay safe while driving on the I-4 and beyond.

Don’t Engage

Road rage incidents typically don’t start with a gun in your face. Most drivers will honk or yell first.

Here’s the good news. Often, you can stop road rage here. Just don’t engage with the driver, even if they start to insult you or start tailgating your car. Get out of their way (safely) and avoid eye contact. Change lanes or slow down in another lane if possible.

Most likely, the driver will continue to move forward and eventually cool down. The more you respond, the more riled up they will get.

Whatever you do, don’t pull over. This gives the driver a reason to get out of the car and confront you.

Know Where Your Local Police Station Is

If, for any reason, you do have to stop while someone is harassing you, make sure help is nearby. Pull into a police station, a fire station, or any public place where people in authority can easily help you. This should hopefully intimidate the driver with road rage and encourage them to keep moving.

Boca Raton Personal Injury Lawyer

Even then, once you pull over, don’t get out of the car until the driver leaves. If they get out of their car, do not get out to confront them. You never know if they are carrying a gun.

Concealed carry is legal in Florida, so even if they do not appear to be carrying when you first see them leave the car, stay in your vehicle. Treat each driver with road rage as if they are carrying a gun.

“Siri, Call the Police.”

If a driver starts to make you feel uncomfortable, but you don’t want to pull over, call the police or 911. Calmly explain the situation and share your location. Keep the authorities on speakerphone until you feel safe.

Making a phone call while driving is not illegal in Florida, but things may change soon. (Texting is prohibited, but only as a secondary offense.) Regardless, it’s better to face the repercussions of an illegal call than risk your life with an angry driver.

If you are driving in a different state and run into road rage trouble, know the laws before phoning the police.

Stay Calm

Road rage incidents can be terrifying. They can also make you angry. The driver has no right to tailgate you, cut you off, start throwing things, or yell at you.

Don’t let this affect you. Don’t give in to their jeers and insults. The moment you start yelling back is the moment you could be blamed for the road rage incident.

Also, remember: road rage incidents can escalate quickly. If you start to brandish a weapon or start breaking the law, you could find yourself in jail or slapped with heavy fines. Take a deep breath and remember not to take the driver’s insults or behavior personally.

How to Defend Yourself after a Road Rage Incident

Could you be found at fault for a road rage incident that you didn’t start? The answer lies in the state of Florida’s comparative negligence laws. If a plaintiff files a lawsuit after a car accident, the judge will have to look at how each party contributed to the accident, as well as the damages caused by the accident. The judge will award damages based on each party’s contribution.

For example, say a road rage incident turned into an auto accident. A driver stopped short and was hit by an angry driver that was tailgating them.

Injuries from the accident lead to a lawsuit. The driver in the front asks for $100,000 to cover the damages of the accident. However, as the judge evaluates the case, they discover that the front driver stopped short to aggravate the tailgating driver.

Fort Lauderdale Car Accident Attorney

 

This has a significant impact in the case. The judge determines that the front driver is 40% at fault for the accident. The front driver only receives 60% of the damages, or $60,000, from the defendant.

This is why it’s so important to stay calm during a road rage incident. Your attitude can keep you safe and prevent you from losing money if the incident results in a lawsuit.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 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.

My Brakes Went Out and I Crashed – Who's Responsible in FL?

My Brakes Went Out and I Crashed – Who’s Responsible in FL?

by Auto AccidentsPersonal InjuryPersonal Injury Claims

My Brakes Went Out and I Crashed – Who's Responsible in FL?

This may be obvious, but if you are at fault in a car crash, you can’t receive compensation from anyone.

However, you may be too quick to blame yourself if your brakes failed and caused the crash. There are a number of parties who could potentially be at fault for your car accident, so don’t chalk it up to user failure until you speak with an attorney.

Keep reading to know what to do after this type of crash and who you may be able to hold responsible.

Potentially Liable Parties in a Florida Car Crash Where Brakes Fail

You. Okay, we know we said you shouldn’t jump to this conclusion – and you shouldn’t. However, you do have to consider the possibility.

If you neglected maintenance on your car or did work on the vehicle yourself, there’s a good chance that you are the one who is going to be found responsible.

Don’t panic yet, though. There are other possibilities.

Car manufacturer. This is probably the potentially responsible party that will occur to you first. After all, it’s possible that the actual brake part was defective.  If this is true, you may be able to file a product liability case. A skilled injury attorney will be able to look at the facts and tell you whether they believe you have a strong case to hold the car manufacturer liable for your injuries.

Part seller or manufacturer. Even if you did the work yourself, it’s possible that you could have been working with a defective part you bought from the parts store. In this case, the responsible party could be the seller or the company that manufactured the part and sold it to them.

Auto mechanic. Another possibility exists with your car mechanic. Let’s say you recently got work done on your car. If the car mechanic either did not install a part correctly, or failed to do a complete inspection, the mechanic could be named in a lawsuit.

Of course, knowing who can potentially be held liable is just the first step. In order to actually win a case against them in court and get the compensation you deserve, there are a number of things that you will need to do.

What to Do After a Florida Car Crash

Regardless of who or what caused your crash, it’s vital that you seek medical care as soon as possible following your crash. Some serious injuries do not show up right away, and this is the best way to verify you’re okay – or at least catch things before they get worse.

Additionally, your medical record will be a crucial piece of evidence if you need to file a personal injury claim.

Be sure to consult with a Florida injury attorney soon after your car crash. In Florida, you have four years to file a case from the accident date. If you miss that deadline, you cannot gain compensation.

What If Florida Courts Find That You Are Partially Responsible?

Due to the laws in Florida, your compensation amount will be adjusted according to the pure comparative negligence rule. If you are at least partially responsible for the accident, your compensation will be adjusted by your percentage of fault.

For example, if your mechanic failed to complete an inspection on the brakes, but you were a distracted driver at the time of the accident, you may be deemed 30 percent at fault for the accident. In other words, if you are awarded $100,000 in compensation, if you are found 30 percent responsible, you’ll only receive $70,000 of that award.

South Florida Car Accident Claims

 Still, if you’re in an accident where you get hurt and accrue medical bills, even partial compensation is going to be well worth it.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 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.

 

Chain-Reaction Crashes in Florida: How Fault Is Determined

Chain-Reaction Crashes in Florida: How Fault Is Determined

by Auto AccidentsMulti Car Accidents

Chain-Reaction Crashes in Florida: How Fault Is Determined

Car accidents can result in tens (if not hundreds) of thousands of dollars in medical bills, lost wages, and car repairs. How is it decided who will have to pay for these damages and bills?

In Florida, it usually starts with personal injury protection (PIP). If you experience damages that add up to less than $10,000, it doesn’t matter who caused the accident. Florida car insurance will cover that amount and you won’t have to bring your case to court.

Unfortunately, this is rarely the case in chain-reaction crashes. Damages can stay relatively low if only one or two cars are involved. However, when three or four cars are in a crash, there is little chance that that the bills will stay under $10,000.

So, how does Florida determine who is at fault for a chain-reaction crash? They look to see what negligent behavior caused the auto accident.

Negligent Driving Behavior in Florida

It only takes a second for a driver to commit a negligent behavior and put themselves (and others) in danger. What does “negligent behavior” mean in terms of driving, though?

Drivers have a duty to follow certain rules of the road and practice safe driving. If they neglect to stick by these rules, they could have to front the bill for a serious accident.

Negligent behaviors on the road include:

  • Speeding
  • Swerving in and out of lanes without using a turn signal or looking for other drivers
  • Driving on the wrong side of the road
  • Driving without lights on at night
  • Texting or talking on the phone while driving
  • Any form of distracted driving
  • Driving under the influence of drugs or alcohol
  • Not wearing a seatbelt
  • Driving a car that has not been inspected

This type of driving may also be called “reckless driving” or “careless driving.”

Negligent behavior only goes so far if it directly causes a car accident. Let’s see how this might play out in a case involving a chain-reaction crash.

Pretend you are Driver A. Driver B is behind you, and Driver C behind them.

Driver C rear-ends Driver B, causing them to rear-end you. The chain reaction crash racks up $150,000 worth of damage and medical bills combined for all three drivers.

In court, it turns out that Driver C was texting when they hit Driver B. Due to Driver C’s negligence, they will have to pay for all of the damages.

Of course, as any experienced Florida injury lawyer can tell you, it doesn’t always work out this way.

Comparative Negligence Could Prevent You from Getting Your Full Amount in Florida

Let’s stick to this example. If Driver C is the only negligent driver, then they will have to foot the bill and cover the damages.

However, what happens if Driver B rear-ended Driver A because they were also negligent? Does Driver C still have to cover their damages?

Not under Florida’s comparative negligence laws. If drivers file a lawsuit for damages, but partially contributed to those damages, they will only receive a portion of the compensation they asked for. For example, if a judge determines that Driver B and Driver C both equally contributed to the damages in the chain-reaction crash, they will most likely have to pay equal amounts of damages to the victims.

Collect All Information Before You Go to Court

South Florida Car Accident Attorneys

Florida’s comparative negligence laws often encourage drivers to point fingers at each other in a crash and try to spread the blame around.

If you are involved in a chain-reaction crash, prepare for this type of finger-pointing and collect as much information as you can to defend yourself. With the help of a personal injury lawyer, you can get the compensation you deserve for any type of Florida car crash.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 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.

 

Top Reasons Not to Drive on New Year’s Eve in Florida

Top Reasons Not to Drive on New Year’s Eve in Florida

by Auto Accidents

Top Reasons Not to Drive on New Year’s Eve in Florida

You’ve probably heard the old superstition, “What you do at New Year’s is what you’ll be doing all year.”

Well, a recent study by SmartAsset (a financial website) finds Florida drivers rank among the worst. Factors contributing to the rank included insured driver statistics, DUI data, and average fatalities per miles driven. SafeAuto.com also reported that there are typically 71% more alcohol and drug-related crashes between 6p.m. and 6 a.m. over the New Year’s holiday than an average weekend night.

In other words, we’re experiencing more crashes among the worst drivers in the country on the night that – supposedly – sets the tone for the whole year. Yes, it’s superstition, but still…

It sounds like going out for New Year’s is more likely to land you more time in a South Florida auto accident attorney’s offices than you would probably like to spend.

In all seriousness, if that isn’t reason enough to stay off Florida roadways, here are five more great reasons not to drive on New Year’s Eve.

Reason 1: No Chance of Spending Your Money & Time on a DUI

If you are charged with a DUI under Florida law, even a first conviction could cost you up to $2,000 (or more in certain circumstances). You would have a far better experience using that money to treat yourself and that special someone to a night at a five-star hotel. As this article is being written, a King guest room at The Ritz-Carlton, Fort Lauderdale with a balcony overlooking the ocean will only set you back about half that max fine!

Besides fines, Florida DUI convictions carry a mandatory sentence of 50 hours community service, and probation for up to one year. Additionally, actual imprisonment and/or participation in a treatment program is not uncommon and left to the court’s discretion.

Your license will also be revoked for all of 2019. Something that will definitely put a damper on your New Year’s resolutions. 

Boca Raton Car Accident Lawyer

Reason 2: No Such Thing as Gridlock in Your Driveway

With multiple street closures, elevated foot traffic, impaired drivers, and the overall increase in activity and excitement, expect your drive time to and from the Downtown Countdown in Fort Lauderdale to crawl. If doesn’t matter if you volunteered to be designated driver or you have lined up a rideshare for a safe way home, either – your time in traffic will be virtually the same.

However, you can skip the hours in creeping traffic, the increased risk of involvement in a pedestrian-vehicle accident, and encounters with drunk drivers on the roadways outside of downtown altogether by keeping your car parked in your driveway.

Reason 3: Spending More Time with People You Really Care About

Let’s be honest – when you commit to a drive downtown for the New Year’s countdown, you know spending the evening with a few thousand strangers, being barely able to have a conversation with the people you came with, and drinking over-priced well drinks until midnight is part of the deal.

You are also probably well aware that your chances of spending the weeks following that celebration working with a Florida personal injury lawyer because of some unexpected fiasco or another are exponentially higher than if you’d only decided to host a house party with some of your favorite people.

Reason 4: You Create Way Better Drinks at Home Anyway

The average price of a cocktail – and not necessarily top shelf – is reported to be $11 in Ft. Lauderdale. On New Year’s Eve you can expect that to double to $22/glass. And the price of that champagne toast is a whole other story in itself.

On the flipside, your hand-crafted cocktails at home are certain to cost far less, have better quality ingredients, and likely have a better spirit/mix ratio. Additionally, if you are so inclined, you’re free to have more than one without worrying about breaking the bank or the law by driving under the influence.

Boca Raton DUI Accident Attorney

Reason 5: You Can Make the Evening (and the New Year) Exactly What You Want

When you decide not to drive on New Year’s Eve, you are shifting control away from outside influences and back into your own hands. There is no better way to ring in the new year than being worry-free and enjoying the last few hours of 2018 with your closest compadres for great conversation, top-shelf drinks, and more money in your pocket.

So, heed that old family adage, and consider playing it safe at the start of a brand-new year. Otherwise, one night of fun could cost you more than a hangover on New Year’s Day.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 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.

 

How to Win a Bad Faith Insurance Claim in Florida

How to Win a Bad Faith Insurance Claim in Florida

by Auto AccidentsBad Faith Insurance

How to Win a Bad Faith Insurance Claim in Florida

Florida policyholders purchase insurance and pay premiums with the understanding that – should disaster strike – their insurer will pay out damages to compensate for losses covered in the policy. That’s the whole point of insurance!

Paying out covered damages is considered to be acting in good faith on the part of the insurance company. However, it’s important to remember that insurance is a business. They provide a service as a way of making money. Because of this, they often seek to do everything in their power to deny or devalue claims.

Usually they do this within the bounds of the law, but sometimes insurers will push the envelope by failing to properly investigate claims, unreasonably denying claims, or unreasonably devaluing claims. This is known as acting in bad faith.

Bad faith insurance claims are an essential element of insurance law, as the ability to file a claim protects the insured and third-party claimants from bad faith practices. However, a bad faith insurance claim can often become quite complex, and insurance companies generally have excellent legal teams to fight back. This means that winning a bad faith insurance claim is rarely easy or simple, and usually requires the help of a skilled Florida injury lawyer.

Below provide an overview of how bad faith insurance claims work in Florida, and – most importantly – how to win a Florida bad faith insurance claim.

Types of Florida Bad Faith Insurance Claims

Depending on the type of insurance and parties involved, there are two types of bad faith insurance claims, first-party and third-party.

A first-party claim occurs when an insurer unreasonably denies or declines to investigate a claim that pays out directly to the insured. For example, if your homeowner’s insurance unreasonably denies your claim for storm damage covered by your policy, this would be a first-party claim.

Third-party bad faith insurance claims tend to be more complex. In a third-party claim, the insurer negligently handles a claim from a third party, such as when the policyholder (first party) buys insurance to protect them against liability claims from another (third) party.

Types of Florida Bad Faith Insurance Claims

For example, if you hit another motorist and the accident is determined to be your fault, the other motorist can hold you liable for damages, which would be covered by your car insurance. If your insurer handles this claim negligently and unreasonably refuses to pay out covered damages to the other motorist, this would be a third-party claim.

Statutory vs. Common-Law Claims in Florida

In our state, insurers are obligated by both common law and statutes to treat policyholders and third-party claimants fairly. Common law is based on judicial precedent, which is formed by prior cases in the court system. Statutes are laws enacted by lawmakers.

In Florida, first-party bad faith insurance claims cannot be made under common law. Third-party claims can fall under either statutory or common-law. However, Florida has very clear bad faith insurance laws, so the majority of third-party claims are also made under statutory laws. We’ll therefore focus on the elements of a statutory bad faith insurance claim.

Elements of a Florida Statutory Bad Faith Insurance Claim

Florida insurance laws very clearly define the duty insurers owe the insured and third-party claimants, and what constitutes acting in bad faith.

Florida’s Unfair Insurance Trade Practices Act lists the following as constituting bad faith on the part of an insurer:

  • Attempting to settle or pay out a claim based on an application that has been altered without the knowledge of the claimant.
  • Making a misrepresentation of fact to the claimant with the intent of offering a less favorable settlement.
  • Failure to investigate claims in a timely manner, or denying a claim without appropriate investigation.
  • Failure to communicate with the claimant in a timely manner.
  • Failure to notify the claimant of additional information needed to investigate a claim, or to explain why this information is required.
  • Failure to offer a reasonable explanation, in writing, of why a claim has been denied or only partially paid.

Breaching any of these duties to the insured or to a third-party claimant constitutes acting in bad faith under Florida law, and is grounds for a bad faith insurance lawsuit.

How to Approach a Florida Bad Faith Claim

As mentioned above, insurance companies employ expert legal teams to protect them from bad faith insurance claims. Therefore, you will almost always need a knowledgeable attorney  on your side to file and negotiate a bad faith lawsuit.

The most common defense insurers use against bad faith insurance claims is that the insured also handled the claim negligently. For example, if you exaggerated damages or did not provide follow-up information in a timely manner, it could be argued that you also acted negligently, and therefore that the insurer’s rejection of a claim or delays in processing a claim were not due to negligence.

This means that it is essential to follow protocol when filing any claim – read your policy before submitting a claim or speaking to anyone. Further, communicate in writing if at all possible. If you must communicate over the phone or in person, record the name and contact information of anyone you speak to, and write a date-stamped summary of the conversation for your records.

How to Approach a Florida Bad Faith Claim

Keep Everything words stamped on a manila folder to illustrate the need to retain documents such as receipts and tax returns or records for future referene such as audits.

Keeping thorough records of all correspondence can thwart your insurer’s attempts to pass the blame off to you. Be sure to speak to you lawyer about how best to document interactions with your insurer moving forward.

Ultimately, going up against insurance companies is not a simple matter, and winning a bad faith insurance suit requires both thorough documentation and expertise. However, it’s often worth it to avoid having to pay out-of-pocket that your insurer rightly should have covered.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 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.

Teen Drivers: Why Floridians Should Steer Clear This Season

Teen Drivers: Why Floridians Should Steer Clear This Season

by Auto AccidentsDUI AccidentsTexting & Driving

Teen Drivers: Why Floridians Should Steer Clear This Season

In one recent Ohio accident, a 17-year-old driver was speeding and overcorrected, which ejected two teens from the vehicle and injured the other passengers. One of those teens was killed in the crash.

The reason the driver was speeding? The teens were running late to prom.

Over 5,000 teens are injured in car accidents every year across the nation during prom and graduation season, and one-third of teen driver accidents involve alcohol use. A full one-third of people under age 21 who die in accidents do so during graduation season, and many of them die in car accidents. Because of this, the months of April, May, and June are known as the most dangerous months for teens to be on the road.

It doesn’t end with teens, though – all Florida drivers need to be cautious. Even in the best of times, teens don’t typically drive with the same caution older drivers use. They take more risks and are less likely to make responsible choices in sudden situations. Teens are much more likely to be distracted drivers due to phone use, conversations, and peer pressure from teen passengers.

Now imagine that magnified by the lure of high school ending and the freedom of adulthood coming. Of teens wanting to have one last hurrah with their friends before they head off to college. That’s where we are right now.

Drinking and Driving on Prom or Graduation Night

Too many teens choose to celebrate these important life events with binge drinking. On graduation night, the percentage of alcohol-related fatal accidents moves up from 33 percent to 40 percent.

Teens often underestimate the risks of drunk driving. They may assume that someone at the party hasn’t had anything to drink and is safe to drive, but that’s frequently not the case.

If you are in an accident with a teen driver, the teen’s negligence may have caused your injuries, and you owe it to yourself and your family to hold them accountable for their actions and sue for compensation.

Understanding Florida Personal Injury Lawsuits

If you decide to file a personal injury lawsuit against a teen, here are the basics of car accident laws in Florida.

First, you must file a claim within four years of the date of the accident. If you don’t file within four years, you have no rights to compensation.

The court system will look at all parties involved in the accident and assign percentages of fault to each party. Your compensation will be reduced according to your percentage of fault.

For example, if you were speeding when the accident occurred, you may be held responsible for 20 percent of the accident. If the court decides to award you $100,000 for your injuries, that means the maximum amount you can actually receive under the pure comparative negligence rule is $80,000.

South Florida DUI Accident Lawyers

Florida also has a no-fault insurance law, which means that each driver is covered first by $10,000 in personal injury protection insurance. This applies no matter who is at fault for the accident. You can file for additional compensation only if the accident caused serious injuries. The courts also place caps on the amount of damages you can recover.

Want to learn more? Reach out today for a free consultation. One of our skilled Florida injury attorneys will be able to look at the facts of your case and tell you what options are available to you. 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 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.