Do You Drive One of these 85 Million Dangerous Vehicles

Do You Drive One of these 85 Million Dangerous Vehicles?

Do You Drive One of these 85 Million Dangerous Vehicles

We all know the two car parts that will most likely save your life in case of an accident: your seatbelt (buckle up!) and your airbags.

 

Unfortunately, this trust we have in our airbags may be misguided. The Takata airbags in over 85 million cars may actually hurt you more than help you in an accident. Because of this, Takata has issued a huge recall, and your car may be affected.

 

The recalls were announced after 11 deaths were reported due to defective air bags. The 11th case involved 17-year old Huma Hanif. After getting in a low-speed collision (a crash in which she should have walked away from), her airbags exploded and hurled sharp shrapnel at her. One piece cut her neck and caused her to bleed to death.

 

This is obviously not supposed to happen when your airbags are released. Airbag companies and other automotive manufacturers should be held to high standards. And when their products are found to be defective, like Takata’s, a recall is an appropriate start in holding them accountable for their actions and preventing more deaths.

 

Filing a defective product lawsuit may be the next step, but we’ll get to that in a moment. First things first: do you drive one of the impacted cars?

 

Boca Raton Auto Defect Lawyer

 

Are You at Risk?

 

Floridians should pay special attention to this recall, because Takata Corporation has noted that high heat and humidity puts passengers at a higher risk for airbag failure.

 

Car manufacturers that are affected include:

 

  • Acura
  • Audi
  • BMW
  • Cadillac
  • Chevrolet
  • Daimler
  • Fiat Chrysler Automobiles (Chrysler, Dodge, Ram)
  • Ford
  • GMC
  • Honda
  • Infiniti
  • Lexus
  • Lincoln
  • Mazda
  • Mercedes-Benz
  • Mercury
  • Mitsubishi
  • Nissan
  • Pontiac
  • Saab
  • Saturn
  • Scion
  • Subaru
  • Toyota
  • Volkswagen

 

If that seems like a lot of cars, it is. While not all of the models from the above automakers are affected, it is important to double-check the status of your airbags. Put your Vehicle ID Number (VIN) into the indicated box at safecar.gov to see if this recall affects you.

 

If your car is on the list, go get your airbags replaced as soon as possible. It won’t cost you a thing, and it may save your life.

 

Recalls and Product Liability Lawsuits

 

We’ve written in previous blog posts about product liability and recalls for other defective products: hoverboards, Christmas gifts, toys, and so on. Recalls are used to warn people about unsafe products or parts. Most recalls offer to replace the defective part or product at no cost – the goal is just to get the unsafe product out of the hands of people who could be injured.

 

Recalls are issued for a reason. The product or part in question has consistently shown that it is defective, and may have even caused people harm. If you have been injured by a toy, airbag, or any product that later becomes the subject of a recall, you might want to file a product liability or defective product lawsuit.

 

If a product is recalled, that can certainly help you win your case, but it’s not something that may be directly used as evidence. Submitting the recall as evidence often gives a jury a specific bias and may sway their decision before the trial even begins.

 

However, knowing the ins and outs of the recall can help you win your case. Read over the injuries and cases that sparked the recall. Learn what parts or products were defective, and how they could injure you or someone else. This knowledge will help you prove that the product was defective and caused your injury.

 

Another way you can win a product liability lawsuit is by proving that the manufacturer of the product did not sufficiently warn you of the danger of that product.

 

In some cases, the defendant will argue that a widespread recall is sufficient warning, especially if you were contacted directly by the manufacturer. If a manufacturer simply puts a recall notice out on its website, however, this may not be seen as sufficient. How often do you check the press releases sent out by the manufacturers of every product you own?

 

Pay Attention to Stay Safe on the Road

 

Boca Raton Auto Recall Attorney

 

This is not the first recall on millions of cars for defective parts – not by a long shot. Just last year, 11 million Fiat Chrysler Automobiles (FCA) were recalled. And that’s only the most recent big example. The best way to stay safe is to keep yourself updated on recalls and other safety news regarding your automobile.

 

Sign up for e-mail notifications so you can be the first to know if your car, car parts, or child restraints have been proven as defective.

 

And if you were injured by a product that was subject to a recall, do not hesitate to call a knowledgeable Florida personal injury lawyer today for a case review.

 

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.

Why Memorial Day Is So Dangerous for Drivers

Why Memorial Day Is So Dangerous for Drivers

Why Memorial Day Is So Dangerous for Drivers

If you’re like many Americans, you may have spent this past Memorial Day basking in the sunshine, barbecuing, taking a beach trip, and just generally enjoying some quality time off. But there’s a dark side to Memorial Day as well. While most people don’t know this, the four-day weekend is one of the most dangerous times to drive throughout the entire year.

 

Were you or a loved one involved in an auto accident on Memorial Day? You’re not alone.

 

On average, Memorial Day weekend has around 13% more deaths than non-holiday weekends. And Memorial Day itself sees 31% more auto accidents than the Friday, Saturday, and Sunday before. This year, the National Safety Council predicted that 439 people would be killed from auto accidents. The past few years seen very similar numbers.

 

The Start of 100 Deadly Days

 

Think the worst is over? Think again.

 

Unfortunately, Memorial Day is just the start to a season of historically dangerous driving. The 100 days between Memorial Day and Labor Day are considered the deadliest days for drivers. The Fourth of July weekend is especially notorious. The Independence Day holiday sees 37% more deaths than any other day in July.

 

Why? There are many reasons for the high number of driving accidents during the summer season and holiday weekends:

 

  • Taking longer road trips, and overall increase in mileage
  • Driving on unfamiliar roads
  • Drowsy driving
  • Speeding and excitement
  • Driver distractions: more people, more new roads, more vacation plans to make
  • Driving under the influence of drugs or alcohol

 

Typically, all of these factors increase when schools are let out and the weather is more enjoyable. Teenagers dramatically increase the amount of new drivers on the road, and more families decide to take long road trip vacations to new and fun destinations – where they are unfamiliar with the roads.

 

And the warm weather also tends to bring with it a desire to cut loose and party as much as possible. From poolside get-togethers to barbecues to boating, people like to drink during the summertime. And it doesn’t take someone who is completely drunk to cause an accident either. Simply having a beer or two with friends may seem harmless, but it can be enough to dull reflexes to the point where someone isn’t able to drive as well as normal.

 

Keys to a Safe Summer

 

Boca Raton Auto Accident Attorneys

So prepare yourself for the dangerous roads this summer. Wear your seatbelt, put your phone away, and download ridesharing apps on your smartphone. If you plan on drinking this summer, remember that DUI accidents are preventable. Do not let yourself or your loved ones get behind the wheel after consuming alcohol.

 

On holiday weekends, take the time and effort to host a safe holiday party. If you plan on taking a road trip vacation, plan your route ahead of time and make sure you give yourself enough time to drive, and enough time to get the rest you need to drive safely. As a general rule of thumb, if you do not have to drive, don’t. And keep your eyes peeled for drivers who may not be taking safety precautions as seriously as you.

 

Unfortunately, even after taking every precaution you may find yourself in an accident. Know what to do if you are injured in a car crash, and immediately call a Florida auto accident attorney to guide you through the possible lawsuits and claims that are ahead.

 

Distracted Driving Has Caused Accidents to Skyrocket in Florida

Distracted Driving Has Caused Accidents to Skyrocket in Florida

Distracted Driving Has Caused Accidents to Skyrocket in Florida

We all know Florida is not the safest state for drivers, cyclists, and pedestrians. But distracted driving is making the roadways even more dangerous.

 

Strict distracted driving laws, ridesharing apps, and new auto safety technology has led to a decrease in the rate or number of accidents in many states. Unfortunately, Florida has seen 63% more car crashes in the past five years!

 

Many law enforcement officers and highway authorities place the blame on the high rate of distracted driving in Florida. Distracted driving caused 12% of Florida auto accidents in 2015 – over 45,000 crashes in total.

 

What Is Distracted Driving?

 

Distracted driving is engaging in any activity that requires focus and attention while you are driving. One of the most controversial and common forms of distracted driving is texting while driving, but distracted driving also includes:

 

  • Cell phone calls
  • Checking your email
  • Map use and navigation
  • Putting on makeup
  • Eating
  • Changing the radio
  • Turning your attention to passengers
  • And more

 

Distracted driving is most common among teenagers and young adults. In fact, distracted drivers under the age of 30 caused 12,000 auto accidents in 2015 alone.

 

Florida Distracted Driving Accidents

Consequences for Distracted Driving

 

In 2013, legislation was introduced that would ban texting and driving. However, this law is only considered a “secondary law,” meaning a police officer cannot pull you over solely on the grounds of texting and driving. A police officer can only pull you over if you violated a separate traffic offense (for example, running a stoplight or stop sign).

 

Texting while driving is considered a nonmoving violation and you will be issued a citation if you are caught texting and driving. Moving violations combined with texting will add six points to your driving record.

 

Comparative Negligence and Distracted Driving

 

Since Florida operates under a “no-fault” system, if you get into an auto accident, your insurance company will cover your damages regardless of fault. This is good news for you if you were engaged in distracted driving at the time of your accident.

 

However, this rule may not apply if “serious injuries” are involved in your case. In these serious cases, compensation is distributed based on who is at fault for the accident. If you are found guilty of distracted driving during your crash, you will be found at fault and have to pay for the other driver’s damages.

 

This could mean big losses. In 2014, a Bunnell woman won $4.3 million in an auto accident lawsuit because the driver that hit her was texting, distracted, and ran a stop sign.

 

 

Tips for Avoiding Distracted Driving

 

Saying “no” to distracted driving does not just prevent you from getting a ticket, it can keep you from causing a serious accident and lifelong damage to other drivers, passengers, cyclists, and pedestrians.

 

Sometimes it seems like we can’t get away from our phones, but it is a necessary thing to do while driving. Here are some tips to help you put it down when you’re behind the wheel:

 

  • Be aware of safe phone zones. Sometimes, you might be expecting an important call or need to contact someone while on the road. If you find yourself in this situation, seek out a safe phone zone so that you will be less likely to be distracted by your upcoming call or text.
  • Assign a passenger to be your “phone buddy.” They can give directions, send texts, and manage hotel and restaurant reservations on a road trip.
  • Take advantage of “hands free” options. As we mentioned above, you can receive a citation for texting while driving, but general cell phone use is not included in the ban. In case of emergencies, learn how to use the “hands free” options on your cell phone. Smart phones give you the option of giving verbal commands for texting, calling, or finding directions to your destination. This is still a form of distracted driving, but at least it allows you to keep your eyes on the road while using your cell phone.
  • Leave your phone at home. It sounds like a wild idea because we’ve all gotten so used to having our phones at all times, but the truth is that you don’t need your phone for every shopping trip or errand. If you keep your phone at home, you won’t be able to use it while driving.

Boca Raton Auto Accident Attorney

If you are involved in an auto accident and believe that the other driver’s distracted driving caused the accident or your injuries, you should speak to an attorney immediately. If another driver is found to have been distracted at the time of the crash, you could be entitled to extra compensation. Contact a Florida personal injury lawyer today for a free consultation.

 

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.

Car Crash FAQs If You Are Injured

Car Crash FAQs If You Are Injured

Car Crash FAQs If You Are Injured

Car crashes are scary, dangerous, and can result in a legal and financial mess. Unfortunately, you are at risk of being involved in an accident each and every time you head out on the road.

 

Because of this, it is important to understand what information to gather, what benefits you are entitled to, and what may lay ahead in the next few weeks or months in the event you find yourself in an accident.

 

Below are several frequently asked questions that will tell you what steps you need to take to make sure you are doing everything you can to protect your rights and future.

 

What information do I need to gather after a car crash?

 

Failing to get thorough, accurate information is a big mistake. Here are a few things you cannot miss:

 

You need to collect the insurance information of all of the drivers involved. In Florida, it is illegal to drive without proper insurance. If there are drivers at the scene without insurance information, still record their names, phone numbers, and addresses. Also remember to record the license plate numbers and a physical description of any cars involved.

 

Additionally, you should make a list of any injuries at the scene, no matter how severe or minor. A slight neck or back pain after the accident may lead to more painful injuries down the road; recording any injury is crucial for tracing fault back to an accident.

 

Be sure to take photos and record eyewitnesses accounts of the crash. Pay close attention to any damage done to cars at the scene. Also record information about the road and weather conditions at the time of the crash. All of this information will help to correctly identity who is at fault.

 

There are many mobile apps that can guide you through what information to gather after a car accident with checklists, recording devices, and organizational tools.

 

How soon do I need to file a claim

 How soon do I need to file a claim?

 

The state of Florida gives you two years to file a wrongful death claim, and four years to file a personal injury lawsuit or property damages claim. If you discover that an accident caused an injury but it has been many years since your accident, you can still file a personal injury lawsuit within four years of discovering the injury itself. That being said, it is recommended that you file a claim as soon as possible.

 

Will I have to go to court?

 

In most cases, claims are negotiated and closed without you ever having to see the inside of a courtroom. However, if you and your personal injury attorney believe that it is in your best interests to go to trial, you want to be prepared.

 

What information should I give if I am the cause of a car accident?

 

You will need to give accurate, up-to-date information about your auto insurance. Giving the correct information will ensure fewer consequences and a quicker settlement.

 

Will I still receive coverage if I am the cause of a car accident?

 

Yes. Florida is a “no-fault” state when it comes to car accidents. This means that your auto insurance will help to cover your medical costs, whether or not you are at fault.

 

Boca Raton Car Crash INjury Lawyers

 Does the “no-fault” rule apply for all car accidents?

 

There are a few cases in which the “no-fault” rule does not apply to your claim. If the personal injuries include permanent damage or significant disfigurement, the claim will be settled in court under the “comparative fault” system.

 

Under this system, you are liable for costs depending on how much you were at fault for the accident. For example, if were in a car accident and your damages totaled $10,000, but it is determined that half the blame should be placed on you and half the blame should be placed on the other driver, you will only receive half of the total damages ($5,000).

 

The “no-fault” rules also will not cover every loss, whether you are a victim or at fault. It will not cover the cost of damages to your car or any other cars involved in the accident. It will also not cover vehicles that have been stolen.

 

Should I discuss the accident with another driver’s insurance company?

 

No. Contact your lawyer and ask him or her to give details and testimony for you. Speaking directly to another insurance company may end up hurting you in court. Unless the insurance company is setting you up with a rental car while yours is in repair and you need to discuss logistics, there is no reason for an insurance company to speak directly with you about the accident.

 

And under no circumstances should you try and negotiate payment with the other parties involved in a car crash. This can trap you into a lower settlement or cause other unfortunate problems.

 

 

 

How to Prevent DUI Accidents in Florida

How to Prevent DUI Accidents

How to Prevent DUI Accidents in Florida

 

A DUI accident is one of the most common roadway accidents. But they’re also the most preventable accidents.

 

According to the FBI, in 2013 over 1.2 million drivers were arrested for driving under the influence of alcohol or narcotics. And in 2012, 29.1 million people admitted to driving under the influence of alcohol. That’s nearly 10 million more people than we have here in the entire state of Florida!

 

These statistics show that many people still have a cavalier attitude regarding driving under the influence. Despite the severe and often harmful consequences that can result from a DUI arrest or DUI accident, drivers are still getting behind the wheel when they’ve had too much to drink.

 

So how can we prevent these accidents from happening?

 

We can attack this serious problem from two angles. First, what you should do if you are the one drinking alcohol. And second, what you should do if you see a drunk driver on the road.

 

If You Are Drinking Alcohol

 

If you enjoy drinking socially, you don’t have to completely stop drinking, but you do have to be responsible. While you might think you are fine to drive, the reality may be very different.

 

Since everyone reacts to alcohol differently depending on age, weight, whether they’ve had food, and what type of alcoholic beverage they are drinking, it might be difficult to tell if you are impaired or over the legal alcohol limit of 0.08. That’s why, if you’ve been drinking – even a little – it’s better to be safe and find another way home than to get behind the wheel.

 

So if you’re out having a few beers or a glass of wine, here are a few tips on how to avoid a DUI and an accident.

 

Pick a designated driver. Before you go out drinking, choose a designated driver – someone who won’t be drinking any alcohol. This way, you know you’ll have a safe and sober ride home. Then the next time you go out, someone else can be the sober one.

 

Call a taxi or a ride-sharing service. If everyone is drinking, call a taxi or a ride-sharing service like Uber or Lyft to come pick you up. It’s better to spend a few bucks on a ride home than to risk everything that comes with driving drunk, and today there are more options than ever before. Speaking of which…

 

Use Tow to Go if it’s a holiday. Both AAA and Budweiser understand that people like to go out and celebrate during certain holidays, so they’ve partnered to create Tow to Go. This program will give you a ride within a 10-miles radius and tow your car on St. Patrick’s Day, Cinco de Mayo, Memorial Day, Independence Day, and other holidays throughout the year.

 

Boca Raton DUI Accident Lawyer

 

If You See a Drunk Driver

 

Drunk drivers often display signs that could alert you to the fact that they’re impaired. These signs include:

 

  • Swerving in their lane
  • Making wide turns
  • Driving below the speed limit
  • Driving on the wrong side of the road
  • Reacting slowly to traffic signals
  • Braking suddenly or without reason
  • Almost hitting another object
  • Driving on the curb
  • Drifting from their lane
  • Driving in two lanes
  • Driving without their lights on in the dark

 

If you see a driver exhibiting any of these drunk driving signs, you should never attempt to stop the car or get the driver’s attention as you may be endangering your safety and the safety of others. Instead, keep a safe distance, get as much information about the car and its location as possible, safely pull over, and call the police department.

 

Sometimes, regardless of how cautious we are, an accident unfortunately happens. If you are ever injured in a DUI accident, you should contact an experienced auto accident lawyer to see if you are entitled to any damages for your injuries.

 

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.

 

How Can I Avoid Distracted Driving Accidents

How Can I Avoid Distracted Driving Accidents?

How Can I Avoid Distracted Driving Accidents

 

Distracted driving is a nationwide problem. As technology becomes a bigger and bigger part of our lives, more drivers attempt to multi-task and end up in wrecks that lead to injuries and deaths.

 

  • Every day in the United States, more than 1,153 people are injured and more than 9 people are killed as a result of a distracted driver.
  • 16% of all fatal crashes are attributed to distraction.
  • 27% of distracted drivers involved in fatal crashes are in their 20s.
  • 10% of drivers under the age of 20 who were involved in a fatal crash said they were distracted at the time of the accident.
  • 20% of teens and 10% of parents have admitted to having extended text conversations while driving.

 

The statistics regarding distracted driving are alarming, but – like most accidents – distracted driving accidents can be prevented. By paying attention to the task at hand and being an alert, defensive driver when you’re on the road, you can help to eliminate distracted driving accidents and the devastating consequences that follow.

 

What Does Distracted Driving Really Mean?

 

Distracted driving involves doing any other activity that takes the driver’s attention away from the main task of driving. Distractions endanger the safety and lives of drivers, passengers, bystanders, and anyone else on the road.

 

Some common distractions include:

 

  • Texting
  • Talking on a cell phone
  • Using a cell phone or smartphone
  • Eating or drinking
  • Putting on makeup
  • Having a conversation with passengers
  • Reading
  • Using a navigation system or a map
  • Watching a video
  • Adjusting the radio, MP3 player, or CD player
  • Rubbernecking
  • Smoking
  • Daydreaming

 

The list goes on and on. While all of these distractions are dangerous for anyone on the road, texting is especially harmful. Why? Because it demands your manual, visual, and cognitive attention – things that should be put towards driving instead of a text message.

 

Remember, anything that distracts you from driving and diverts your attention could be the cause of a crash.

 

Are There Laws Against Distracted Driving

 

Are There Laws Against Distracted Driving?

 

Numerous states have created laws banning texting and driving. Our state currently has the Florida Ban on Texting While Driving Law in place, which prohibits Florida drivers from texting while driving.

 

However, the law only makes texting and driving a secondary offense. This means that a police officer can’t pull you over for texting. They must first stop you for some other traffic violation – speeding, running a red light, failing to use a signal, etc. – and only then can that officer give you a citation for texting and driving.

 

Although the law is supposed to make the roads safer, tying law enforcement officers’ hands in this way does not help. Because of this, lawmakers in Florida are hoping to change the law.

 

This past January, they introduced Senate Bill 328. The bill aims to revise the initial law to make texting while driving a primary offense. As a primary offense, police officers would be able to pull drivers over and issue tickets solely for texting and driving.

 

The bill is currently going through the Florida Legislature. If passed, it will go into effect starting October 1, 2016.

 

How Can I Avoid and Prevent Distracted Driving Accidents

 

How Can I Avoid and Prevent Distracted Driving Accidents?

 

If you can reduce and avoid distractions while you’re driving, you can decrease the likelihood of getting into a distracted driving accident. Here are specific steps you can take to avoid and prevent accidents:

 

  • Put your cell phone away. If your cell phone is out of sight and out of reach, you won’t be able to readily use it, and you might think twice before picking it up. A cell phone should only be used in emergencies when you are behind the wheel, and even then, you should pull over to use it.
  • Don’t eat or drink in the car. Eating and drinking can get in the way of driving. You have to unwrap things. Twist off caps. Avoid dripping or spilling. If you have a rule not to eat or drink in the car, you can prevent these issues.
  • Limit the activity inside the car. The more people in your car, the more likely you will be distracted. The same goes for pets.
  • If you need to do something besides drive, pull over or park. Or simply get everything done before you begin driving. When you’re behind the wheel, your focus needs to be on driving. Use your time out of the car for everything else.

 

When a distracted driver causes a car accident, they can be held liable for your injuries. If you or a loved one has been injured in an accident involving a distracted driver, contact an experienced Florida personal injury lawyer today to see if you’re entitled to compensation.

 

 

What Causes Fatal Car Crashes

What Causes Fatal Car Crashes?

What Causes Fatal Car Crashes

Car accidents, unfortunately, happen all too frequently on roads in Florida and throughout the United States. And being involved in a car accident can result in property damage, injuries, and even death.

 

The Insurance Institute for Highway Safety determined that in 2013 there were 30,057 fatal motor vehicle crashes in the United States, which resulted in 32,719 deaths. Of those deaths, 2,407 fatalities occurred on Florida public roads – which turns out to be about 12.3 deaths for every 100,000 people.

 

Whatever the number of deaths, it’s too high, and drivers need to be more cautious than ever when they’re on the road for the safety of themselves and others.

 

Fatal car crashes can be caused by numerous factors. Let’s look at some of the most common causes and what you can do to avoid these perilous situations.

 

Reckless or careless driving. In Florida, the most dangerous driving behavior that causes fatal car crashes is reckless or careless driving. Careless driving involves failing to drive a motor vehicle in a careful and cautious manner. Reckless driving involves driving a motor vehicle with willful or wanton disregard for the safety of other people and property. Examples of careless or reckless driving can include speeding, tailgating, not using signals, running stop signs or red lights, and distracted or drunk driving. If you see someone on the road driving carelessly or recklessly, keep your distance from the vehicle, get to a safe location, and alert law enforcement about the driver.

 

Failing to stay in your lane. Drivers failing to stay in their lane kills the most people in a majority of states. This might look different depending on the situation. A driver might go off the side of the road into the shoulder or ditch. A driver might swerve into another lane – even slightly. Or a driver might continually change lanes for no apparent reason. When you’re on the road, be on the lookout for drivers who can’t stay in their lane. Then, get to a safe location and alert law enforcement.

 

Boca Raton Car Accident Attorney

Drunk driving. In 2013, there were 10,076 fatalities involving a driver with a BAC of 0.08 or higher – 31 percent of all crash fatalities on roads. This amounted to about one person dying every 52 minutes. While drunk driving can have serious consequences for both the driver and a victim, people continue to drive under the influence of alcohol when they shouldn’t and they end up paying the price. Pay attention to signs of a drunk driver on the road like swerving, weaving across the road, quickly speeding up or braking, hitting objects, driving anywhere but the road, or driving into opposing traffic.

 

Bad weather. While we don’t get snow in Florida, we do get rain – and lots of it. Rain covered roads actually tend to kill more people than roads with snow unless you live in the Midwest. Rain can make roads slippery, leading to difficulty staying on the road, braking, or avoiding a collision. Rain can also cause visibility issues, both due to the downpour itself and due to water splashed onto your car from other drivers. If you’re caught in a rainstorm, be cautious, drive slower, don’t brake suddenly, and avoid any standing water.

 

Car crash fatalities are a serious matter, and everyone on the road needs to be fully alert – regardless of whether you’re a driver or a passenger in a vehicle. If you or a loved one has been injured or was involved in a fatal car crash, contact an experienced car accident attorney today to see if you’re entitled to any damages.

 

 

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.

 

The Benefits of Car Insurance in an Auto Accident in Florida

The Benefits of Car Insurance in an Accident

The Benefits of Car Insurance in an Auto Accident in Florida

 

A car accident is serious business. The outcome of a car accident could result in car damage, property damage, a ticket, raised insurance rates, injuries, and possibly death. Whatever the circumstances of your car accident, one thing is true – it can end up being expensive.

 

In Florida, as in every other state, it is illegal to drive a car without possessing car insurance. Florida wants to ensure that all of its drivers not only have insurance but that they are able to pay for the damages they cause or could potentially cause when owning and operating a vehicle.

 

Despite this, for some reason our state has a ridiculously high percentage of drivers who carry no car insurance whatsoever.

 

Today we will be looking at the benefits of having insurance in an auto accident and what auto insurance can do for you.

 

What Type of Car Insurance Is Required?

 

The Florida Financial Responsibility Law mandates that the driver of any vehicle must have insurance coverage in the event that the driver causes an injury or property damage to others during a crash.

 

Florida also has a minimum requirement for insurance. In order to register your vehicle, you must have $10,000 of personal injury protection (PIP) coverage and $10,000 in property damage liability (PDL) coverage.

 

Personal injury protection (PIP) coverage will help to cover your part of any medical costs or lost wages that may result from a car accident. In addition, PIP insurance also covers:

 

  • Your child and other household members
  • Your child if they ride on a school bus
  • You if you’re involved in a car accident as a bicyclist or pedestrian
  • You if you’re involved in a car accident as a passenger in someone else’s car
  • Other passengers in your car if they don’t own a car or have their own PIP insurance

 

Property damage liability (PDL) coverage will help to cover any damages you may cause to someone else’s property during a car accident.

 

If you have been involved in a previous car crash or have been convicted of certain offenses, the Florida DMV may require that you purchase additional insurance coverage such as bodily injury liability (BIL) coverage.

 

It’s up to you if you would like to purchase additional insurance coverage. Additional coverage options can include collision, comprehensive, and uninsured and underinsured motorist coverage.

 

Property damage liability (PDL) coverage in Florida

 

What if I Don’t Have Car Insurance?

 

When you own a vehicle but don’t have car insurance, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will notify you by mail. You will also receive a notice if your car insurance gets cancelled for any reason. Your car insurance company will automatically alert the DHSMV to the cancelled policy.

 

If you receive a notification from the DHSMV, you will have to purchase car insurance by the specified date in the notice or your driver’s license, license plates, and car registration will be suspended.

 

If you want to reinstate anything that has been suspended, you will first need to show proof of having Florida insurance and then pay a fee. If it’s your first offense, you will need to pay $150. The fee is $250 for a second offense, and $500 for any offense after.

 

To avoid these penalties, show proof of insurance before the date on the notice and you won’t have to pay any fines.

 

You can show proof of insurance by going to your local driver’s license office, online at the DHSMV website, or by calling (850) 617-2000.

 

What Should I Do If I’m in a Car Accident in Boca Raton

 

What Should I Do If I’m in a Car Accident?

 

If you’re involved in a car accident, you should follow these steps to make sure the accident is handled properly.

 

  1. Call the police. Report the accident to the local police and have them come out to complete a crash report. If you don’t have a crash report filled out by a police officer, you may not receive full compensation for the accident and you may be exposed to personal liability.
  2. Seek medical assistance. If there were any injuries, seek immediate medical assistance to make sure the injuries are taken care of and under control.
  3. Exchange information with the other driver. If a police officer fills out a crash report, you will have the other driver’s information. However, if you plan to file the crash report yourself, make sure you have all of the other driver’s information such as their name, address, phone number, driver’s license, car insurance, and license plates. Having a smartphone makes it easy to simply take pictures of everything to record it later.
  4. Call your insurance company. If you and the other driver both have car insurance, the insurance companies will take it from here and handle the situation based on the facts of the accident and your coverage amounts.

 

Not only is insurance in Florida required, it’s also beneficial in the event of an accident. If you have been injured in a crash, contact a skilled auto accident attorney to find out your rights and what compensation you may be entitled to.

 

 

9 Steps Everyone Should Take After a Car Accident

9 Steps Everyone Should Take After a Car Accident

9 Steps Everyone Should Take After a Car AccidentIn the event of a car accident, you probably won’t be thinking very clearly. But learning how to respond beforehand can help protect you from further physical harm, in addition to protecting your legal rights.

 

We all know car crashes happen every day—according to the Florida Department of Highway Safety and Motor Vehicles, over 300,000 accidents have already been reported in 2015. But do you know what to do when you’re the one behind the wheel?

 

Though a car accident can be traumatic, how you behave immediately after the crash will have an enormous effect on you and your passengers’ physical wellbeing and your legal liability.

 

1) Check for Injuries. After a car crash, the first step is to check yourself and any passengers for serious, life threatening injuries. If your car is still in motion, pull it over to the side of the road when it is safe to do so.

 

Florida law requires you to stop and check for injuries at the scene of an accident, and contact emergency medical care for anyone who needs it.  If your car is blocking traffic, you must move it out of the way. If your car cannot move, you are responsible for calling a tow truck.

 

It’s important to also keep an eye out for minor—but still serious—injuries. If you or any of your passengers complain of neck, head, or back pain, it is best not to move them until medical personnel arrive.

 

2) Stay at the Scene. This is critical—leaving the scene of an accident before it is appropriate to do so can leave you open to criminal prosecution. Even if your intention isn’t to flee from legal liability, you could be charged with a hit-and-run, especially if someone was injured during the accident.

 

3) Call the Police. In minor accidents, this may not be necessary. But if anyone was injured, or if there was more than slight damage to either vehicle, you are required to report the situation to the police. If you aren’t sure, it may be better to err on the side of caution.

 

4) Exchange Information. Talk to the other drivers who were involved in the accident. Exchange names, addresses, phone numbers, driver’s license numbers, license plate numbers, and basic insurance information.

While it is important to be as civil as possible with the other drivers, do not admit any fault in any way after an accident. This includes saying things like “I’m sorry, I just wasn’t paying attention to that stop sign.”

 

5) Talk to Any Witnesses. If there were any witnesses to the accident, try to get their contact information and ask them what they saw. Your insurance agency or attorney may need a statement from them later.

 

6) Take Pictures. Make sure to take pictures of any physical damage done during the crash—both to your car and any other drivers’ vehicles. Having pictures of any damage will help your insurance properly compensate you, especially if you have photos from before the crash. Taking pictures of other drivers’ vehicle damage will help protect you from fraudulent claims.

 

7) Contact Your Insurance Company.

 

Boca Raton Car Accident LawyerAs soon as possible, you should contact your insurance company to notify them of the accident. Inform them of any injuries and damage to your vehicle.

 

8) Keep Track of Medical Treatment and Property Damage. Keep careful records of any medical treatment you receive as a result of the accident, and obtain a valuation of damages to your vehicle from your insurance company. If you disagree with your insurance company’s assessment, you can get a third party estimate from a dealer or car repair specialist.

 

9) Speak to an Attorney. It’s often difficult to get the compensation you need from insurance company settlements. When insurance companies fail to cover the true cost of the accident, you may need to contact an experienced auto accident law firm to get the necessary compensation from the individual responsible.

 

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.

What Do Florida’s No-Fault Laws Mean for Victims

What Do Florida’s No-Fault Laws Mean for Victims?

What Do Florida’s No-Fault Laws Mean for Victims

 

You may have heard that Florida is a “no-fault” state and wondered what this phrase means. Understanding this concept is especially important for drivers who have been in an auto accident.

 

Here’s how it works. In no-fault states, drivers must purchase insurance policies with a minimum of $10,000 PIP (personal injury protection) benefits. The policy must also have a $10,000 no-fault PDL, or Property Damage Liability, that covers medical, surgical, and funeral costs.

 

What No-Fault Insurance Covers

 

Under Florida statutes, no-fault laws require insurance to cover some or all of the cost of your auto accident—regardless of who was at fault. Insurance companies are required to pay 80% of your reasonable medical expenses, and 60% of your lost earnings. These payments are subject to the limits of your coverage and any relevant deductible.

 

If you are killed in an accident, no-fault insurance will pay survivor’s benefits to your family. This covers the amount of income you would have provided your family. There are certain limits to what the company will pay—usually a set amount of money for a finite period. The coverage not only applies to accidents that happen in Florida, but wherever you are. If you get into an accident on the other side of the country, your insurance will pay these benefits.

 

No-fault insurance also covers a specified limit of damages done to other people’s tangible property. For example, if you hit a parked car, tree, or mailbox, your insurance would cover at least a portion of these costs.

 

What Isn’t Covered By No-Fault Insurance

 

Boca Raton Car Accident Lawyer

 

Of course, there are limits to the coverage of no-fault insurance laws, and it’s important for Florida drivers to be aware of what their insurance will not cover.

 

In general, no-fault insurance does not cover the cost of repairs for your vehicle, nor does it cover anyone else’s vehicle that was damaged in the accident (unless the vehicle was properly parked). This is true for everyone involved, regardless of who was responsible for the accident. It also usually does not cover stolen vehicles.

 

Another important restriction to note is a recent amendment to the no-fault law. Under these changes, you must see a doctor within 14 days of the accident for injuries you sustained to be covered by your no-fault insurance.

 

No Fault-Laws and Personal Injury Claims

 

West Palm Beach Auto Accident Attorney

 

One of the most important elements of Florida’s no-fault laws is the impact it has on personal injury suits. In order for a suit to be filed against the driver responsible for the accident, Florida’s no-fault insurance law requires that you demonstrate you sustained a “serious” injury.

 

In Florida, the victim must show a sustained permanent injury for it to be considered serious.

This also includes significant scarring, disfigurement, or death. If these conditions are not met, a personal injury suit cannot be filed for an injury sustained in a car accident. The terminology of these conditions is somewhat vague, allowing for some negotiation in your claim.

 

Though in most instances you will be able to file a personal injury suit against the driver at fault, there are other parties that can be held liable for an accident.

 

Occasionally, an accident isn’t caused by a driver, but by the past negligence of an unrelated party. For example, car companies and manufactures sometimes are responsible for injuries sustained due to design flaws. In other cases, particular component of the car can be responsible, as was the case during the 2000 Firestone tire controversy. Companies aren’t the only parties that can be held accountable with lawsuits for the role they may have played in an accident. A car accident may be the fault of a negligent mechanic.

 

Even various factors of the road itself can be responsible for a car accident. For example, poor maintenance of roadways, or malfunctioning traffic signals can make the road a more dangerous place for drivers.  Other serious accidents might be caused by improper design, construction, or signage. There may be inadequate light for cars to navigate certain areas safely. Or there may be obstructions in the roadway, hampering the driver’s visibility and causing severe accidents.

 

In some of the above cases, the contractors responsible for constructing and maintaining the public roadways can be held liable for accidents caused by negligence. You may even be able to bring a suit against the state or municipality.

 

If you or someone you love has been severely injured in auto accident, or if you aren’t sure whether your insurance will cover the extent of your injuries, we would like to hear from you. Our firm provides expert legal counsel and representation—get in touch today.