Posts tagged: Auto Accidents

Living in South Florida allows you to avoid the dangers of driving in the snow and ice that winter storms bring to northern regions of the country, but that does not mean you escape the driving risks caused by severe weather conditions. The National Oceanic and Atmospheric Administration anticipated an above-normal hurricane season,

Although typically associated with property damage and loss of life caused by powerful winds and flooding, the severe weather conditions hurricanes bring with them increase the risk of deaths and injuries for motorists who must drive in them. Adverse weather conditions cause, on average, more than 1.2 million motor vehicle crashes with 418,000 people injured and 5,000 fatalities.

Surprisingly, only a small percentage of vehicle crashes are due to snow, ice, and other weather conditions typically related to winter weather. The vast majority of vehicle accidents happen on wet pavements and during rainfall, such as you would commonly encounter when forced to drive during a hurricane.

The best, and probably safest, way to ride out hurricane season is by staying indoors and avoiding unnecessary travel. If you must drive during a hurricane, here are a few severe-weather driving tips to keep in mind that may help you reduce the risk of an accident. Because you cannot always account for the negligence of other motorists, there is a section explaining what you should do in case of an accident to keep yourself safe and protect your right to recover damages caused by the other driver.

Be mindful of the dangers of driving in a hurricane

It’s worth repeating: Keep off the roads during a hurricane. Even if the rain has stopped, the weakest hurricane, which is a category 1, generates maximum sustained winds of 74 to 95 mph. Winds of that strength can topple trees and snap large branches from trees that can block roads and cause accidents when your visibility is impaired by wind-driven rainfall.

If you must venture out, check the news and weather before leaving and pay particular attention to reports of road closures due to debris or flooding. Plan your route to avoid roads that are or may be closed and avoid driving on bridges where high winds and wet road surfaces could make it difficult to control your vehicle. The height of trucks, sport-utility vehicles, and vans make them susceptible to being affected by strong winds that could cause a rollover accident.

Slow down and leave extra time to get to your destination

Driving at a slower speed than usual is essential during severe weather because rainfall and wet roads, combined with poor visibility, increase how long it takes to stop your car in an emergency. It takes longer for your car to come to a complete stop on a wet road than it does on one that is dry, so driving at a slower speed gives you more time to react when vehicles in front of you suddenly apply their brakes.

Do not drive on flooded roads

Avoid driving in areas where flood conditions exist. The movement of floodwaters can cause loss of control or cause your car to be swept away.

If a roadway is covered by standing water, resist the temptation to drive through it. Only proceed unless you know its depth and can see what’s beneath the surface. Standing water may conceal a washed-out road or debris that could damage your car.

Know what to do at intersections with inoperable traffic signals
Inoperable traffic signals are common during hurricane season. If you come to an intersection where the traffic signal is inoperable, come to a complete stop. Treat the intersection as you would one with a four-way stop sign.

A flashing yellow signal means to proceed with caution while yielding to vehicles entering from other directions. Unless there is a police officer present to direct traffic, use the utmost caution and be prepared to yield.

Get your vehicle ready for the hurricane season

Some of the items to have in your car for use in a hurricane season emergency include:

• Flashlight and extra batteries
• Road flares or reflectors
• First aid kit
• Cell phone and charger
• Jumper cables
• Drinking water and nonperishable snacks
• Emergency blankets and rain ponchos

When stocking your car for the anticipated bad weather, check to make certain that your spare tire is properly inflated. Confirm that the tools you’ll need to change a flat tire are in the vehicle.

What to do in case of a car accident during a hurricane

If your efforts to remain safe fail, here’s what to do at the scene of the accident. These tips will help avoid further injury and protect your right to recover compensation.

Check yourself and other occupants of your car for injuries. Moving around can make an injury worse. So, remain calm and check yourself and anyone else in your vehicle for injuries before attempting to exit the vehicle. Call 911 if anyone is injured or ask someone to do it for you.

Report the accident to the police. The law in Florida requires that you call the police if the accident causes anyone to be injured or killed or if there is property damage in excess of $500.

Remain at the scene. While waiting for police to arrive, do not stand in the road. Move to a sidewalk or behind a guardrail to be out of the way of passing vehicles.

Document the accident scene. If you are physically able to do it, use your phone to take photos of the accident scene. Get the name and contact information of all drivers, passengers, and witnesses. An easy way to do this is by taking a picture of the driver’s license of each person.

Get medical attention. Unless you are immediately taken by ambulance, arrange to be examined by your doctor. Schedule the appointment as soon as possible to have your injuries evaluated.

Contact a South Florida personal injury attorney. A personal injury attorney will explain your options for pursuing a claim for compensation. They can also help you to report the accident to your insurance company.

Avoid making statements to anyone other than police and emergency medical personnel. What you say can be used by the negligent party’s insurer to defend against your claim.

Contact The South Florida Injury Law Firm

If you are injured in an accident, contact the South Florida Injury Law Firm and speak with one of our experienced  attorneys can provide advice and representation for pursuing a claim for damages against the party responsible for causing the crash. Talk to an attorney as soon after the crash as possible to preserve your right to recover compensation.

Distracted driving poses a significant threat to road safety, often leading to severe, sometimes fatal, consequences for both drivers and others on the road. Common distractions include texting, making phone calls, adjusting the radio, or conversing with passengers. These activities can drastically impair a driver’s ability to stay attentive and react swiftly to changing conditions. With the alarming rise in accidents attributed to distracted driving, resulting in thousands of injuries and fatalities each year, Florida has enacted Hands-Free Laws. These laws aim to encourage drivers to focus solely on the road, thereby reducing accidents and fostering a culture of responsible driving.

Understanding Florida’s Hands-Free Laws

Florida’s Hands-Free Laws are a proactive measure to curb the growing issue of distracted driving. These laws prohibit the use of handheld devices while driving, urging drivers to adopt hands-free technology. The regulations target two main areas: first, they ban the use of mobile phones for texting, calling, or any other activities that divert attention from driving. Second, they emphasize the importance of awareness and education about the dangers of distracted driving, striving to create a safer driving environment for all.

The Risks of Texting While Driving

Texting, emailing, or using instant messaging while driving is illegal in many regions due to the significant distractions these activities cause. Engaging in such behaviors diverts attention from the road, heightening the risk of accidents and endangering both the driver and others. It is crucial to remain focused and avoid using your phone while driving to ensure a safer experience for everyone on the road.

Navigating No Device Zones

In specific areas like school zones and construction sites, the use of any handheld device, even for phone calls, is strictly forbidden. This regulation is designed to protect children and workers, as distractions from phone usage can lead to serious accidents. Drivers are encouraged to stay vigilant and prioritize road safety to prevent potential hazards in these sensitive zones.

The Rationale Behind Hands-Free Laws

Distracted driving is a leading cause of traffic accidents in Florida, contributing to thousands of incidents annually. Research indicates that using a mobile device while driving—whether for texting, calling, or browsing—significantly increases the risk of collisions and can have devastating outcomes. To combat this issue, laws were enacted to ban handheld devices while driving, aiming to minimize distractions and promote safer driving habits. These regulations underscore the importance of maintaining focused attention on the road, encouraging drivers to prioritize safety for themselves and others.

Consequences of Violating Hands-Free Laws

Non-compliance with these laws can lead to serious repercussions, including fines and points on your driving record, which can affect your insurance rates and driving privileges. Typically, a first offense results in a fine that varies based on the severity of the violation and local regulations. Repeat offenses often incur higher fines and additional penalties, such as mandatory driving courses or even license suspension. Understanding the importance of adhering to these laws is crucial for your safety and to avoid escalating penalties.

Distracted driving remains a significant threat to road safety, but Florida’s Hands-Free Laws are a crucial step towards mitigating this danger. By understanding and adhering to these regulations, drivers can help reduce accidents and promote a culture of responsible driving.

If you or a loved one has been affected by a distracted driving incident, the South Florida Injury Law Firm is here to help. Our experienced team is dedicated to providing the support and legal guidance you need. Contact us today for more information on how we can assist you in navigating the complexities of distracted driving cases and ensuring your rights are protected.

Stay safe, stay focused, and remember that responsible driving saves lives.

When we think about car accidents, we often imagine high-speed collisions on busy highways or city streets. However, parking lot crashes, though rarely high-speed, are surprisingly common among Florida Drivers. While they may not always result in devastating injuries, these accidents can still lead to costly repairs, increased insurance premiums, and, in more severe cases, serious or even fatal injuries—especially when pedestrians are involved.

Why Are Parking Lot Accidents So Common?

Parking lots might seem like safe havens compared to the chaos of the road, but they present their own unique set of hazards. The combination of numerous vehicles, varying traffic patterns, and a high number of pedestrians creates a perfect storm for accidents. Whether it’s a crowded shopping mall during the holidays or a busy office parking lot during rush hour, these spaces demand extra caution from drivers.

Common Types of Parking Lot Accidents

Understanding the most frequent types of parking lot accidents can help drivers be more vigilant. Here are the five most common scenarios:

1. Two Drivers Backing Into Each Other: This typically occurs when both cars are reversing out of parking spaces simultaneously. Without proper visibility and communication, these drivers can easily collide.
2. A Driver Pulling Forward Into Traffic: When a driver pulls forward out of a parking space into an oncoming lane, they may collide with a vehicle already in motion. The oncoming car often strikes the front or side of the car exiting the space.
3. A Driver Backing Into Oncoming Traffic: In this scenario, a driver reverses out of a parking space without ensuring the coast is clear, leading to a collision with an oncoming vehicle.
4. Two Cars Fighting for the Same Space: With limited parking spots, especially in busy areas, it’s not uncommon for two drivers to aim for the same space simultaneously, leading to a crash.
5. Rear-End Collisions at Stop Signs: Even in parking lots, stop signs must be observed. Accidents can happen when a car stops at a sign or exit, and the vehicle behind fails to stop in time, causing a rear-end collision.

Determining Fault in Florida Parking Lot Crashes

Determining who is at fault in a parking lot accident can be more complex than it seems, particularly because Florida is a no-fault state. However, when an accident results in significant injuries that exceed Personal Injury Protection (PIP) coverage, establishing fault becomes crucial.

Here’s a breakdown of fault in the five common types of parking lot accidents:

1. Two Drivers Backing Into Each Other: In this situation, both drivers typically share fault since neither has the right of way, and both are responsible for ensuring the path is clear before reversing. However, if one driver can prove the other was negligent, they may be able to shift some or all of the blame.
2. A Driver Pulling Forward Into Traffic: The driver in the traffic lane generally has the right of way, so the driver pulling out of a space will likely be held responsible for the accident.
3. A Driver Backing Into Oncoming Traffic: Similar to the previous scenario, the oncoming vehicle has the right of way. The driver reversing out of a space is expected to yield to oncoming traffic, making them primarily at fault.
4. Two Cars Fighting for the Same Space: In this case, fault is often shared, but the driver making a turn into oncoming traffic (typically the one turning left) is more likely to be held responsible. However, exceptions can occur, such as if the car turning right made an overly wide turn.
5. Rear-End Collisions at Stop Signs: Rear-end collisions usually place fault on the driver who failed to stop in time, regardless of the specific circumstances.

What to Do After a Parking Lot Accident

Given the relatively minor nature of most parking lot crashes, police reports are rarely filed. This makes it essential for those involved to know the proper steps to take immediately after an accident.

1. Gather Information: Always exchange contact and insurance information with the other driver. Additionally, collect contact details from any witnesses, as their testimony could be crucial in proving negligence.

2. Document the Scene: Take photos of the accident scene, including the damage to all vehicles involved, the positioning of the cars, and any relevant traffic signs or signals.

3. Seek Medical Attention: Even if injuries seem minor, it’s important to seek medical evaluation to ensure there are no hidden issues. This is also vital for documenting your injuries if you need to pursue a claim.

4. Contact a Florida Personal Injury Attorney: If you’ve been involved in a parking lot crash and are concerned about recovering damages for your vehicle or personal injuries, consulting with a skilled personal injury attorney is crucial. An attorney can help you navigate the complexities of Florida’s no-fault insurance laws and ensure you receive the compensation you deserve.

Prevention: The Best Strategy

Ultimately, most parking lot accidents are preventable. By staying alert, giving yourself plenty of time to react, anticipating unpredictable pedestrian behavior, and keeping a safe distance from other vehicles, you can significantly reduce the risk of being involved in a parking lot accident.