Boca Raton Auto Accident Attorney

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

Boca Raton Auto Accident Attorney

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/

 

Protecting Yourself from Road Rage and Aggressive Drivers

Protecting Yourself from Road Rage and Aggressive Drivers

Protecting Yourself from Road Rage and Aggressive Drivers
There’s no denying that driving can be stressful. Even the best of us have found ourselves yelling at another driver or cursing under our breath when we are stuck in particularly bad traffic, running late to work, or just having a bad day.

 

Feeling stressed or irritated during undesirable driving situations is normal, but a problem arises when these feelings escalate into road rage or aggressive driving.

 

[clickToTweet tweet=”Road rage is defined as violent or visibly angry actions by a driver, while aggressive driving ” quote=”Road rage is defined as violent or visibly angry actions by a driver, while aggressive driving includes dangerous behaviors such as tailgating and running red lights.”]

 

Most drivers know how to control feelings of frustration and anger on the road before they escalate into violent or aggressive behaviors, whether by taking deep breaths, putting on soothing music, or simply letting the feeling go. But how do you deal with road rage or aggressive driving from the driver in the car behind you?

 

When you are sharing the road with an aggressive driver, it can be a frightening and perilous situation. Here are some tips on handling aggressive drivers, and protecting you and your family from acts of road rage:

 

Keep calm. Even if another driver is acting angrily or aggressively, it’s important to keep your own behavior calm and courteous. If another driver acts aggressively by cutting you off or tailgating, your reaction to his or her behavior will determine what happens next in the situation. Whenever possible, try to avoid conflict. If he or she attempts to engage you in an argument, ignore them and drive away.

 

Avoid eye contact. Even if it is not your intention, eye contact can be perceived as a challenge. Since many aggressive drivers are driven by personal insecurities and frustrations, they can be set off by something as simple as a raised eyebrow or smirk.

 

Refrain from using inflammatory gestures. It can be tempting to honk, swear, or make inflammatory hand gestures if someone is driving poorly or aggressively, but doing so can inflame a driver’s temper. Instead of releasing frustration or anger in this way, wait until you’re off the road to vent by sharing the story with a friend.

 

Leave some room. It can be tempting to scoot your car up into open space when there’s a lot of traffic around you, but this can cause some drivers to feel anxious and irritated. Try to leave a few feet behind the car in front of you to avoid agitating a fellow driver and to allow yourself space to make a speedy exit if the situation calls for it.

 

Boca Raton Car Accident Lawyer

Stay out of the left lane. If a driver is trying to bully you into speeding up, move out of the right lane to let him or her pass. Put on your blinker to let the driver know you are planning to let them pass, and switch lanes when it’s safe to do so.

 

Follow traffic laws. A somewhat obvious but no less important way of preventing road rage is to follow local traffic laws as closely as you can. Always use directional lights to indicate a lane change and follow cars at a safe distance. Remain in one lane whenever possible and drive within the speed limits. Avoid texting or using your phone while driving. Use your horn only when absolutely necessary.

 

Find another parking space. It can be frustrating when another driver swipes the parking space you’ve been waiting for, but it’s not the end of the world. Instead of getting angry and trying to start an argument, assume that the driver may not have seen you and seek another space.

 

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Stay safe. If a driver is acting aggressively, lock your doors and leave enough space in front of you to pull out. Call 911 if an angry driver approaches your car.

 

Report road rage and aggressive driving. It’s advisable to report incidents of aggressive driving or road rage to Florida law enforcement. Be sure to include details such as license plate number, make and model, and direction of travel.

 

When driving, it’s a good idea to be tolerant of non-conforming traffic behaviors to a reasonable degree. But if another driver’s road rage or aggressive driving behavior causes you to get in a car accident, that’s when tolerance should end.

 

If you have been involved in an accident due to another’s angry or aggressive behaviors despite your own efforts to practice safe driving, contact a knowledgeable accident attorney as soon as possible.  A skilled lawyer can help you hold dangerous drivers accountable for their actions and prevent them from causing similar accidents in the future. Not only will you be able to help keep aggressive driving off the road, you may be able to recover compensation for repairs, medical bills, and overall pain and suffering.

 

 

Prescription and OTC Drugs Can Impair Drivers

Prescription and OTC Drugs Can Impair Drivers

Prescription and OTC Drugs Can Impair Drivers
In recent years, law enforcement agencies across the country have been cracking down on drunk drivers. With new marijuana legislation sweeping the nation, it looks like another crackdown could be right around the corner for individuals caught driving under the influence of marijuana. But while these are important steps to take in the fight against DUIs and DWIs, and it is extremely important to patrol drivers’ use of alcohol and marijuana, these are not the only drugs that can cause impairment.

 

When it comes to impaired driving, prescription and over-the-counter drugs can be just as harmful as any illegal drugs – especially if you’re on the receiving end of an accident with an impaired driver.

 

The Real Dangers of Prescription Drugs

 

Most of us tend to think that if something comes to us from a doctor, that makes it totally safe. We believe this even if the drugs in question issue clear warnings about engaging in certain activities, such as operating heavy machinery. But did you know that it goes even further than that?

 

As the FDA points out, even over-the-counter (OTC) drugs can be extremely dangerous. According to them, some of the most dangerous OTC drugs when it comes to driving impaired include:

 

  • Antihistamines
  • Antidiarrheals
  • Anti-emetics

 

Each of these drugs can cause drowsiness, which can be very dangerous for drivers. While it may seem minor, drowsiness behind the wheel is no laughing matter. As reported by DrowsyDriving,org, driver fatigue accounts for approximately 100,000 car crashes each year. These accidents result in approximately 1,550 deaths and 71,000 injuries annually. So whether you’re driving a car, a motorcycle, or a bus, it’s imperative that your head is clear while you’re behind the wheel.

 

To protect yourself and others against impaired driving under the influence of OTC or prescription drugs, make sure to follow these few simple rules:

 

  1. Read the warning labels. If an OTC drug package says something like “May cause drowsiness,” or, “After taking this drug, be careful when driving or operating machinery,” heed these warnings.
  2. Read the ingredients lists. Make sure to read the ingredients lists on all OTC medicines, and make note of each active ingredient’s designated use. If any of the ingredients are used as antihistamines, antidiarrheals, or anti-emetics, be on your guard.
  3. Talk to your doctor or pharmacist. Make sure that your doctor knows which drugs you are taking and if you have any preexisting conditions. You never know how drugs may interact with one another, or what effects they may have on your body.

 

Bear in mind that even if a drug seems harmless, and even if you have taken the drug multiple times without any effects, you can never be too cautious. Today is a new day and you never know how a drug will affect you this time around.

 

If You’ve Been Injured By An Impaired Driver, Fight Back

 

Boca Raton Auto Accident Attorney

All of this is important for injury victims to know, too, because if you’ve been injured in an auto accident, it’s vital not to automatically rule out the possibility of DUI. Even if you don’t smell booze or marijuana on the other driver, it’s still very possible that other drugs may have been involved.

 

According to CBS News:

 

  • Almost 70% of Americans use prescription drugs
  • More than 50% of Americans take two or more prescriptions
  • 20% of Americans are using five or more prescription drugs

 

Even though these drugs are perfectly legal to consume, there isn’t a single prescription out there that doesn’t come with some risk of side effects. Sometimes, these side effects can be serious. This means that anyone who uses a prescription drug, no matter how legal it is, can be at risk of impairment.

 

[clickToTweet tweet=”If you’ve been injured by someone driving under the influence of prescription drugs, fight for the justice u deserve.” quote=”If you’ve been injured by someone driving under the influence of prescription drugs, fight for the justice that you deserve.”]

 

Contact an accident attorney at The South Florida Injury Law Firm today.

 

Boca Raton Auto Accident Lawyer

Florida Toll Roads Not as Safe as You Think

Boca Raton Auto Accident Lawyer
Just by getting behind the wheel of a car, you’re taking a risk. Whether you’re driving on a side street, multi-lane highway, toll road, or “free road,” there are always certain dangers that you may face as a driver.

 

Surprisingly, though, research has shown that some roads are actually safer than others. In a 2008 study, toll roads were shown to be 36% safer than non-toll roads (“free roads”), based on fatality statistics from previous years.

 

Recently, however, the Orlando Sentinel reported that accidents on Florida toll roads have been increasing dramatically over the past four years. According to the Sentinel, 2014 saw almost 260 accidents on toll roads—that’s a 170% increase from three years prior, when there were only 96 crashes on the same roads.

 

Why the Increase in Toll Road Accidents?

 

Florida has 734 miles of toll roads—more than any other state in the country. To an extent, the increase in accidents is likely a result of an increase in traffic. The Sentinel reports that Florida toll roads have seen more traffic in recent years due to the fact that the economy has been on the upswing and more people are willing to drive on roads that require tolls if it means an easier commute.  The Sentinel also cites bad weather and distracted driving as two of the main issues for South Florida auto accidents – on and off toll roads.

 

When you’re driving on toll roads this year, be aware of some dangers you may come across.

 

  • Bad weather. Especially in South Florida, bad weather can surprise you at any time of any day. Remember that dangerous driving conditions require reduced speeds and increased alertness.
  • Distractions. Of course, texting and driving is one of the main causes for accidents on the road. But distractions can come in countless other forms as well—even something as simple as having someone in the passenger seat can be a distraction. While you’re driving, be sure to focus all your attention on the road. With factors on the road changing so constantly, you need to really concentrate to stay on top of your game.

 

West Palm Beach Car Accident Lawyer

  • Inexperienced drivers. While teenagers certainly won’t admit it, new drivers are often a hazard simply because they lack experience. Young drivers are more prone to panic behind the wheel or make hasty and dangerous decisions, which could put them and other drivers at risk. This is especially true on toll roads, which is a new environment for many inexperienced drivers and can be overwhelming.

 

No matter how long you’ve been driving, you’re never too experienced to obey the rules of the road. Whenever you’re driving—either on toll roads, “free roads,” or even in parking lots—makes sure to be careful and alert at all times to avoid potential accidents and injuries.

 

What Can be Done to Decrease the Number of Accidents?

 

One Florida toll road agency has been campaigning to make toll roads safer through the installation of new electronic payment systems. These systems allow cars to pay tolls without stopping at booths, which will hopefully lessen incidents of accidents since drivers will be able to continue driving without interruption.

 

Still, your best defense against toll road accidents is to simply be on your guard and always give the road your undivided attention.

 

Even when you are as careful as possible, though, sometimes accidents still manage to find you. If you or a loved one has been injured in an accident on a Florida toll road, contact the attorneys at The South Florida Injury Law Firm to help you analyze your case and fight for the compensation you deserve.

 

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.

 

Driverless Vehicles Are Already On Our Roads

Driverless Vehicles Are Already On Our Roads

Driverless Vehicles Are Already On Our Roads

Texting while driving. Falling asleep at the wheel. Driving after a few too many beers.

 

What do all of these mistakes have in common? They are all common causes of fatal car accidents, and they are all caused by humans.

 

“To err is human,” as the saying goes. That’s why car accidents frequently occur despite the best efforts of our society and government to prevent them. Nobody’s perfect, so you can’t expect our roads to be—right?

 

The innovators and engineers at Google and other major car manufacturers are out to change this. Throughout recent years, these manufacturers have been developing and testing fully autonomous vehicles—robotic cars that can navigate without a human driver. These self-driving vehicles use tools such as radar, GPS, and computer vision to navigate and sense their surroundings, identifying roads, obstacles, and traffic signals.

 

While you can’t go out and buy an autonomous vehicle today, it looks as though it will be a short matter of time before these smart cars appear on the market. The commercial use of these vehicles has already kicked off, with several companies testing out the use of driverless military trucks and mining machines. Many states—including Florida, California, and Nevada—have passed legislation for driverless cars, granting auto manufacturers permission to test autonomous vehicles on their roads.

 

The Potential Benefits of Driverless Cars

 

The Potential Benefits of Driverless Cars

According to the Rand Corporation in their report, Autonomous Vehicle Technologies, Liability of Drivers, and Insurance, putting autonomous vehicles on the road in the place of human drivers can reduce the number of auto accidents. “Human error causes the vast majority of crashes today, and, by reducing the risk of human error, AV technologies can reduce the incidence of crashes,” the report maintains. After all, computers do not get sleepy or sidetracked, and will be far more aware of their surroundings than most humans.

 

And reduced potential for human error is only one of the potential benefits of driverless cars. Autonomous cars may help to prevent traffic jams and congestion, resulting in fewer fuel emissions. No more will drivers have to lose hours to commutes, instead using the time to work or relax. In addition, autonomous cars can provide a means for disabled and blind people to travel safely.

 

Concerns and Liability Issues

 

Sounds great, right? However, there are still some concerns surrounding the use of driverless vehicles.

 

Road planning. Integrating autonomous cars into our transportation system will require extensive planning. For cars to operate without a driver, road safety and driving laws that have been in place for generations will have to be revised. Road and traffic signals must be perfectly planned to the last detail for systems to be able to navigate them without confusion.

 

Incapacity for human interaction. Simple hand signals from construction workers and police officers will be difficult for cars to interpret. Additionally, the negligent and aggressive habits of the cars’ fellow human drivers might confuse the vehicles’ navigation systems. As executive director of the Center for Automotive Research at Stanford University Sven A. Beiker suggested to reporters in a New York Times article, an autonomous car may be “so polite it might be sitting at a four-way intersection forever, because no one else is coming to a stop.”

 

Boca Raton & West Palm Beach Auto Accident Lawyer

Technology problems. There’s also potential for technological disasters. Since vehicles will rely on satellite data, they are susceptible to attacks from hackers. Malicious hacking can cause extensive harm to computers and phones, and the potential for harm only increases when large, fast-moving vehicles are hacked. Additionally, autonomous cars filled with explosives could be used as weapons and bombs by terrorists.

 

Elimination of transportation-related jobs. If autonomous cars become widespread, automobile technicians, public transportation officials, and insurance agents may find themselves without an industry.

 

Liability and regulation issues. Regulation and liability questions abound. If there’s no driver behind the wheel, who will be held accountable if there is a problem—the person using the car or the manufacturer? What happens if a police officer wants to pull the car over? Will a self-driving car require a special kind of insurance?

 

Even though these autonomous vehicles can promote efficiency and eliminate human error, they can’t prevent accidents completely. And when an accident occurs, it will be difficult to prove fault if you are injured. When dealing with the complex issue of proving liability after a car accident—whether between two human drivers, a human driver and a robot driver, or two robot drivers—it’s best to contact an experienced auto accident attorney. A knowledgeable lawyer can help you navigate complicated liability laws, protect your rights, and obtain fair compensation after an accident.

 

 

Boca Raton Car Accident Lawyer

Frustrated Drivers Cause More Accidents

Boca Raton Car Accident Lawyer

You hopefully already realize that you should not drive when you’re intoxicated, distracted, or overly tired. But one thing you might not realize is that your mood can also impair your driving ability and make you more likely to be in an accident. In fact, if you frequently find yourself frustrated behind the wheel, you may be taking unnecessary risks and failing to fully focus on the road.

 

Unfortunately, frustration seems to be a common state of mind for many drivers in Florida (and around the country) today. Some of the most frequently-cited causes of on-the-road frustration include:

 

Slow drivers. One of the biggest frustrations for many drivers is being held up by people who are traveling well under the speed limit; in fact, 60% of respondents in a survey reported in The Telegraph said that they experience increased stress and irritability when confronted with a car that isn’t keeping up with traffic (the respondents were British, but it’s safe to say that many American drivers feel the same way). Drivers who feel that the car in front of them is moving too slowly are more likely to tailgate and attempt dangerous overtaking maneuvers.

 

Long commutes. The average commute time in the US is 25.4 minutes, but in many major metropolitan areas, this time jumps to closer to an hour. It’s not too surprising that drivers who spend that much time in their car may find themselves getting more easily frustrated.

 

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Crowded areas. Metropolitan areas with lots of cars, trucks, motorcycles, bikes, and pedestrians often become congested, especially during rush hour. Drivers in these areas may also be frustrated due to less available parking and more frequent stops (in traffic and at intersections).

 

Texting and driving. A 2012 “drivers’ gripes” survey from Consumer Reports found that texting while driving was the behavior that most annoyed respondents, receiving an 8.9 on a 1-10 nuisance level. Texting while driving is now illegal in Florida, but unfortunately, some drivers still engage in this incredibly dangerous and frustrating behavior.

 

Drivers who fail to be courteous. It’s understandably annoying when other drivers tailgate, don’t wait their turn at a 4-way stop, cut you off while merging onto the highway, or engage in other uncourteous behaviors. Unfortunately, two cities in Florida—Orlando and Miami—rank in the top 10 for least courteous cities in the country.

 

Why Frustration Is Dangerous—and What You Can Do About It

 

Driving while in a negative emotional state can cause you to become distracted without you even realizing it. Some of the risks associated with frustrated driving include:

 

  • Impaired observation and slower reaction times
  • Becoming detached from other vehicles and drivers (i.e. starting to think of other drivers as obstacles and annoyances rather than real people), which may cause drivers to take risks that they wouldn’t have otherwise
  • Making risky maneuvers to get ahead in traffic, such as cutting over several lanes at a time, not leaving enough space when changing lanes, or even driving on the shoulder
  • Losing the ability to perform driving skills that require precise timing, such as merging onto the freeway or adjusting speed when the traffic ahead is slowing

 

While you might think that it’s impossible to just leave a bad mood at home, “I was frustrated” isn’t a valid excuse for getting into an accident. Fortunately, there are steps you can take to reduce your likelihood of becoming frustrated on your drive.

 

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Leave extra time for your commute. Sometimes the simplest solutions are also the best. If you often find yourself getting frustrated because you feel like you’re rushing to get to work or other commitments on time, factor in some extra time to the usual length of your commute as “cushioning” so that if something comes up and you are held up in traffic, you won’t be as anxious.

 

Find something that calms you down (but doesn’t take your attention off the road). Take deep breaths, count slowly to 10, or listen to calming music—do whatever will best help you relax without distracting you. If you get to the point where you’re so frustrated that you can’t concentrate on the task of driving, find somewhere safe to pull over until you calm down. It’s not worth taking the risk of being in a car accident just to get to your destination a few minutes faster.

 

Find a less stressful route. If one particular route always stresses you out and it’s feasible to take another route, do so. Even if one route is slightly longer, it may end up being faster because there is less traffic (or it may at least be more scenic and relaxing).

 

Don’t engage with an aggressive driver. If a driver honks, yells at you, or flips you off, don’t take the bait and retaliate. When you retaliate, you are more likely to cause the situation to escalate and make both you and the other driver more frustrated.

 

Be aware when you start to become frustrated while driving and do your best to change your mood. Remember, you can’t control traffic, but you can control your reaction to it.

 

 

 

 

 

 

New Seat Belt Tech Could Curb Drowsy Driving Accidents

New Seat Belt Tech Could Curb Drowsy Driving Accidents

New Seat Belt Tech Could Curb Drowsy Driving Accidents

From automatic braking systems to electronic stability control, automobile technology continues to evolve to better protect drivers and vehicle occupants. Now, one new innovation may help prevent people from driving while drowsy—something that is a well-documented risk factor in serious and sometimes fatal crashes.

 

Harken, a publicly and privately funded European consortium, recently announced in a press release that they have developed a seat belt sensor designed to help wake drivers up if they begin falling asleep at the wheel. The sensor system was made by weaving fibers and yarns with electrical properties into the shoulder belt and seat pad of a car. When a driver is sitting in the seat and wearing their seat belt, the sensors will measure their heart rate and breathing rate. Because both respiration and heart rate slow down when a person is asleep or about to fall asleep, the sensors will be able to identify when a driver is at risk for falling asleep and needs to pull over.

Highway Auto Accidents

How to Avoid a Highway Accident

Highway Auto Accidents

Getting into a car accident in a parking lot or residential area is bad enough, but getting into a crash on the highway is far worse. When vehicles are traveling at highway speeds (typically between 60 and 75 mph), any kind of accident has the potential to result in driver and passenger fatalities.

 

The most obvious way to avoid getting into a highway accident is to stay off the highway, but that’s just not feasible for most Floridians. With four primary interstate highways, eight auxiliary highways, and approximately 1,500 interstate miles, it’s tough to be a driver in our state without spending some time on these fast-paced roadways. Whether you’re commuting to work or driving across the state to visit relatives, chances are you’re going to get there by traveling on one of these high-speed roads.

 

Of course, for all the reports about highway accidents and the crashes you’ve likely driven by, millions of drivers travel on highways every day without getting into accidents. By focusing on the road, practicing defensive driving, and following traffic laws, you can help prevent most types of highway accidents. Let’s take a look at some of the most common kinds of highway accidents and then go over some tips to keep yourself and your loved ones out of these crashes.

 

Common Types of Highway Crashes

 

Highway Car Crashes

Speeding, distractions (such as phones), drowsy driving, and drunk driving are all leading causes of various types of highway crashes, including:

 

• Lane change accidents: Drivers who fail to check their mirrors and blind spot or forget to signal before changing lanes may swerve into the side of another vehicle traveling at high speeds, or cut a faster car off so suddenly that the car slams into their rear bumper. Drivers may also rear-end another vehicle if they switch lanes with another slower-moving car too close in front of them.

• Rear-end accidents: Although you hear more about rear-end accidents happening on city streets, this type of accident can occur on highways when traffic begins slowing and one or more drivers fail to notice a change in speed. Since these rear-end accidents typically occur at higher speeds, they can cause serious harm, including spinal cord injuries and brain trauma.

• Rollovers: Top-heavy vehicles such as trucks and SUVs are particularly at risk for rollover accidents on tight turns or in bad weather. When large vehicles lose control and roll over, they often cause vehicles behind them to get into an accident, as well.

• Head-on collisions: One of the worst types of highway accidents possible, head-on collisions may occur when a drunk, drowsy, or simply inattentive driver enters the highway the wrong way via an exit ramp, or when a driver falls asleep at the wheel and drifts across the median.

 

4 Tips to Stay Out of Highway Accidents

 

4 Tips to Stay Out of Highway Accidents

Based on the descriptions of the accidents above, some ways to reduce your risk of being in a highway accident should, hopefully, be obvious. You should never drive when you’ve been drinking, even if you don’t think you’re that intoxicated. You should also put your phone away to avoid distractions, and if you start feeling tired on a long drive, take the next exit and pull over somewhere safe to rest.

 

Here are 4 more tips to help you avoid highway accidents:

 

1. Leave plenty of room when changing lanes in front of a truck. The average tractor-trailer loaded with cargo and traveling 55 mph on a clear road takes at least 290 feet to come to a complete stop—and that’s the best case scenario. Trucks traveling in bad weather, with overloaded cargo, or with worn-out tires or brakes will take even longer to stop, and cars that pass trucks and then cut back in front of them too closely can easily cause accidents. Never pull in front of a tractor-trailer unless you can see the entire front of the truck in your rearview mirror.

2. Stay out of blind spots. Although drivers should be checking their blind spot by looking over their shoulder before changing lanes, you can’t guarantee that everyone will be that responsible. Either speed up or slow down to avoid traveling in another car’s or truck’s blind spot for a long period.

3. Go with the flow of traffic. Weaving in and out of lanes to go faster than the rest of traffic is incredibly dangerous, but going so slowly that you’re forcing everyone else on the road to go around you is also an issue. Do your best to keep up with the flow of traffic and never, under any circumstances, come to a complete stop in a lane with traffic flowing around you.

4. Use your turn signals. You can’t expect other drivers to read your mind—even if you think you have plenty of room to make a lane change or get onto an exit ramp, you should always signal your intentions so that you don’t take drivers around you by surprise.

 

Keep in mind that you’re in a powerful, fast-moving vehicle when you’re driving on the highway, so don’t take unnecessary risks that will endanger yourself and others. And if another driver endangers or injures you through their recklessness, seek proper medical attention and then contact an auto accident attorney as soon as possible.

 

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.

Wrongful Death Car Accidents

What You Need to Know about Wrongful Death in Car Accidents

Wrongful Death Car Accidents

Last November, “The Fast and the Furious” actor Paul Walker and former race car driver Roger Rodas lost their lives after crashing a high-performance Porsche in Santa Clarita, California. Although the report from the crash investigation says that the accident was caused by speeding (93 mph), Kristine Rodas is still looking for answers to explain her husband’s death.

 

Ms. Rodas recently filed a wrongful death lawsuit against Porsche Cars North America, claiming that her husband’s 2005 Porsche Carrera GT—which is capable of going from 0 to 60 in 3.5 seconds and has a top speed of 205 miles per hour—was not equipped with a proper crash cage and safety features in the gas tank that could have saved its occupants’ lives.  The suit also alleges that a mechanical malfunction forced Rodas off the road.

 

It’s less common to hear about this kind of solo-vehicle wrongful death lawsuit than it is to hear about multi-vehicle accidents in which one driver was clearly reckless or negligent. However, there are legitimate reasons for filing a wrongful death suit in solo-vehicle accident cases: if unsafe road conditions or a manufacturer defect resulted in a fatal accident, then the surviving family of the accident victim has a right to hold the negligent party responsible.

 

As a Boca Raton wrongful death attorney, I want everyone in my community to understand when they can file a wrongful death suit in a car accident case and what steps they need to take.

 

Cases in Which a Car Accident Results in Wrongful Death

 

If you’re considering filing a wrongful death lawsuit after the loss of a loved one in a car accident, the first thing you need to do is determine who was responsible for the accident. Some examples of a negligent party include:

 

Another driver who was intoxicated, distracted, sleep-deprived, inexperienced, or driving recklessly for another reason
The city or state, if they failed to maintain safe road conditions (e.g. if the city knew about but did not fill in the large pothole that caused your loved one to lose control of their vehicle)
The vehicle manufacturer, if their vehicle contained a defective part such as faulty brakes or failing suspension, and that defective part caused a fatal accident

 

Cases in Which a Car Accident Results in Wrongful Death
Although there is always an official investigation into fatal car accidents, as there was in the Paul Walker/Roger Rodas case, you may need to hire your own investigative team to determine the cause of the accident.

 

Initial Steps to Strengthening Your Case

 

File a wrongful death lawsuit within the statute of limitations. If you suspect that your loved one died as a result of a third party’s negligence, you should contact an experienced attorney and file a lawsuit as soon as possible, in part because it will be easier to reconstruct the accident the sooner you file, and also because you are legally required to make your case within a certain time frame. The statute of limitations for wrongful death cases varies from state to state; in Florida it is two years.

 

Gather concrete evidence. In some cases, your attorney may hire an investigative team to return to the scene of the evidence to look for things such as skid marks and road flaws. The specialists will likely look closely at the car(s) involved in the accident as well. Meanwhile, your attorney may subpoena footage from traffic cameras, surveillance cameras, or even someone who filmed the accident on their phone, if that sort of evidence is available.
Boca Raton Wrongful Death Lawyer
Interview witnesses. If anyone witnessed the accident, your attorney should meet with them as soon as possible, since memories become faultier with the pass of time.

 

Present your case in court. You should always have a well-qualified wrongful death attorney represent you in this type of case since so much is at stake, but more so if you are going up against a car manufacturer or insurance company. These organizations will do everything they can to prove your loved one’s actions contributed to the accident, and you’ll need a lawyer who has handled this type of case to counter their arguments and give you the best chance of recovering compensation.

 

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.

Don't Text and Drive

“Happy” Text Has Grim Outcome for North Carolina Woman

Don't Text and Drive

Despite the overwhelming evidence that texting while driving is dangerous, all too many drivers are still deciding that using their smartphones can’t wait until they get to their destination. One of the latest tragic tales of a texting accident comes from North Carolina, where a young woman died seconds after posting a Facebook status about Pharrell Williams’ popular song “Happy.”

 

Police believe that 32-year-old Courtney Ann Sanford was driving in High Point, NC, when she posted the Facebook comment “The happy song makes me so HAPPY” at 8:33 pm on April 24th. Less than a minute after that comment went live, the High Point Police Department received a call about a car accident. The collision occurred when Sanford crossed the center median and drove headlong into an oncoming truck. The truck driver, 73-year-old John Wallace Thompson, was thankfully not injured, but Sanford’s Toyota Corolla caught on fire, and Sanford died at the scene.

 

Investigators found that Sanford was wearing a seat belt, but that it wasn’t secured properly. Police have also determined that she was not under the influence of drugs or alcohol, and that the most likely cause of the accident was Sanford’s use of her cell phone. High Point Lieutenant Chris Weisner said of this preventable tragedy, “In a matter of seconds, a life was over just so she could notify some friends that she was happy. As sad as it is, it is a grim reminder for everyone… you just have to pay attention while you are in the car.”

 

Despite Texting Bans, Distracted Driving is Still a Problem

 

Distracted Driving

In January 2014, Pew Research reported that 90% of American adults own a cell phone, and 58% of American adults have a smartphone. We’re living in a constantly connected culture, where people have become used to being able to reach their friends and family or access the internet wherever they go—even if they’re behind the wheel.

 

With anywhere from 387,000 to 421,000 Americans being injured in distracted driving-related accidents each year, state laws are finally beginning to catch up and discourage risky driving behavior. 43 states, as well as DC, Puerto Rico, Guam, and the US Virgin Islands, currently ban all texting while driving (Florida enacted a texting ban just this last October). 12 states also prohibit the use of all handheld phones while driving, although hands-free devices like those that use Bluetooth are still acceptable.

 

Unfortunately, the penalties for texting and driving vary from state to state and are often not severe enough to deter drivers who are truly determined to use their phone while they’re on the go. In Florida, for example, texting while driving is only a secondary offense (meaning a police officer has to have a primary reason for pulling a driver over before ticketing them for texting), and a first-time offense results in a fine of $30—little more than a slap on the wrist. In North Carolina, where Sanford’s accident occurred, texting while driving is a primary offense, and violators face a $100 fine, as well as court costs. Although North Carolina’s law is stricter than Florida’s, it still was not a strong enough deterrent to keep Sanford from using Facebook while driving.

 

Technology distractions are still a huge problem for drivers, with the CDC estimating that 1 in 5 crashes resulting in injuries were caused by distracted driving. In spite of texting bans and statistics that prove how hazardous distracted driving is, drivers who want to use their phone continue to get into the mindset that they’re capable of multitasking behind the wheel.

 

We Think We Can Multitask (But We Can’t)

 

Talking on a Cellphone While Driving

Perhaps one of the most common rationales behind texting and driving is that the driver thinks they are “good at multitasking.” They may think that they’ve got glancing back and forth between their screen and the road down to a science, and that their acute perception makes them better at texting while driving than other people on the road.

 

In reality, the human brain doesn’t multitask in the way many of us think it does. David Strayer, a cognitive psychologist at the University of Utah, has been working to bust the myth that people can successfully juggle multiple tasks at once. He told Psychology Today, “Our brains don’t do two things at once; instead, we rapidly switch between tasks, putting heavy burdens on attention, memory, and focus.” He added, “Talking on a cellphone while driving (perhaps the most ubiquitous type of multi-tasking) leaves people as cognitively impaired as if they’d had two or three drinks.”

 

Note that Mr. Strayer is discussing talking on the phone, an activity that doesn’t even take a driver’s eyes off the road. Texting or posting social media updates, which take a driver’s eyes off the road for an average of 5 seconds, obviously creates an even bigger impairment.

 

What Will Get Drivers to Stop Texting?

 

Although it was a horrible event, Sanford’s fatal accident – which received wide coverage due to its tragic irony—will hopefully serve as a wake-up call to other drivers who have thus far paid little attention to state texting bans. Sanford’s accident shows just how quickly someone can go from using their phone while driving to losing their life, all because they couldn’t wait until they parked to update their Facebook status.

 

We can only hope that these personal, emotional stories hit home more than distracted driving statistics and texting laws have so far. Anyone who has ever texted or updated their Facebook status while driving should reflect on Sanford’s accident. Maybe doing this will help them to recognize that they put themselves and other drivers in a potentially dangerous situation by allowing technology to distract them. While many of us consider it a modern necessity to constantly be available to our online contacts, we need to remember that no matter what message we need to share, it can always wait until we get to our destination or find a spot to safely pull over.