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

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

by Auto Accidents

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

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

 

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

 

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

 

What Does This Mean For You?

 

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

 

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

 

Do Not Be Discouraged—Your Case Matters

 

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

 

Boca Raton Personal Injury Lawyer

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

 

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

 

Protecting Yourself from Road Rage and Aggressive Drivers

Protecting Yourself from Road Rage and Aggressive Drivers

by Auto Accidents

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.

 

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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.

 

 

Boca Raton Personal Injury Laweyer

Is the Personal Injury Stigma Stopping You from Fighting?

by Personal Injury Lawyer

Boca Raton Personal Injury Laweyer
Does seeing a personal injury ad on TV make you suspicious? Maybe the face of a lawyer on a billboard makes you cringe. If you’re hesitant to trust personal injury attorneys, it’s okay—you’re not the only one. Unfortunately, personal injury law is often one of the most stigmatized areas of legal practice, and personal injury attorneys are sometimes considered conniving thieves who only have their own best interests in mind.

 

But as anyone who has been injured in a personal injury case can attest, personal injury is a legitimate and very serious area of law that requires finesse and capability, and personal injury lawyers—as hard as it might be to believe—really do have the public’s best interest at heart.

 

What is Personal Injury Law?

 

Personal injury law refers to the legal disputes that arise after somebody suffers an injury as a result of someone else’s misconduct. Personal injury cases are some of the more common cases that people see or hear about, but this is simply because there are so many opportunities for individuals to be injured at the hands of others. Some injuries that may be eligible for personal injury lawsuits include those that result from:

 

 

The specific damages that qualify as “personal injuries” are just as numerous. In fact, personal injury damages can include such a wide array of grievances that it’s almost impossible to list them all. Some of the more common injuries include:

 

 

It is important to understand that the prevalence of personal injury cases in no way detracts from their severity. Personal injury cases are serious and require the utmost respect and professionalism when dealing with them.

 

West Palm Beach Personal Injury Lawyer

The Secret Lives of Personal Injury Lawyers

 

Sure, there is a lot of negative propaganda out there about personal injury layers. But the fact is that lawyers like myself and others do a lot of good that the public does not always see.

 

As BizJournals recently pointed out, it was a personal injury lawsuit that is credited with exposing the ignition switch issue that resulted in the major GM automobile recall in 2014. Had it not been for that one personal injury case that was held following the death of a victim, the issue might not have been brought to light at all and many more deaths may have resulted.

 

In fact, personal injury lawyers are often to thank for major recalls like this, and we contribute to consumer safety in a number of other ways as well.

 

  • Providing a system of checks and balances for major (and not-so-major) corporations.
  • Giving companies an extra incentive to move forward with product improvements such as better-quality safety belts and airbags in cars and the placement of warning labels on potentially dangerous products.

 

It would be nice if businesses did these things out of the kindness of their hearts, but it’s just not true. Most of the time, these changes only come about following successful legal proceedings in which lawyers fight tirelessly to defend their clients.

 

In cases like these, when personal injury lawyers are going up against huge corporations with mammoth legal teams on their sides, they need to fight vigorously and often to the point of exhaustion. However, the lawyers’ determination and belief in their clients’ claims push them forward. Personal injury lawyers put it all on the line not only so that their own clients receive the compensation and recognition that they deserve, but also so that major corporations must make necessary changes to make their products safer for everybody. Without these lawyers’ resolve, major corporations may never be held accountable.

 

South Florida Personal Injury Lawyer

Don’t Hold Yourself Back

 

Do not let other people’s negative portrayals of personal injury lawyers stop you from getting the defense that you deserve. The truth is that personal injury lawyers are here to protect you and will do everything it takes to make sure that your voice is heard and your suffering does not go unnoticed.

 

By failing to equip yourself with a smart attorney, you are allowing a negligent individual (or company) to evade responsibility for something that they should not be allowed to get away with. Responsible persons should be held accountable for their mistakes, especially if those mistakes cost you your or your family your peace of mind.

 

If you’ve been injured as a result of someone else’s negligence, defend yourself. Don’t let negative media portrayal of personal injury lawyers prevent you from fighting for what you deserve. Contact a knowledgeable personal injury lawyer today.

 

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.

 

No Texting While Driving

Harsher Penalties for Texting While Driving Coming?

by Texting & Driving

No Texting While Driving
There is no arguing that texting and driving has become a serious cause of automobile accidents in the United States. So much so, in fact, that it has actually become a front-burner issue for a number of organizations, from branches of the government to cellphone companies. “It can wait” bumper stickers are popping up on cars everywhere, and all across the nation, laws are being developed to prevent and discourage texting while driving.

 

Florida is no exception. There are laws on the books against texting while driving, and now Florida’s anti-texting and driving campaign seems to be picking up speed as multiple new bills are set to appear before Florida Legislature this spring, as reported by News-Press.

 

Texting and Driving Laws in Florida

 

Dangers of Distracted Driving

As mentioned above, it is already against the law to text while driving in Florida. However, doing so is only a secondary offence, meaning that police officers can offer citations for it only if the driver was pulled over for another reason. According to News-Press, the new bills that are set to appear before Legislature this spring would serve to enhance those existing laws. Some new laws that these bills seek to enact include:

 

  • Making texting while driving a primary offense, so that texting and driving itself would be an acceptable reason to pull a person over
  • Imposing a criminal penalty on any driver who was using a cell phone at the time of a fatal accident
  • Forbidding all cell phone use when driving in school zones

 

If even one of these bills passes, it could seriously change things for Florida drivers. If drivers continue to text while driving, the consequences they face could be severe, from paying fines and doing community service to serving significant jail time. The increased accountability implied in all the proposed laws means that Florida drivers would have to be more cautious and more aware.

 

Dangers of Distracted Driving

 

In the United States, distracted driving is a problem of almost epidemic proportions. Anything from using a GPS, to traveling with a pet, to eating or drinking while driving can count as distracted driving, and all forms of distracted driving are extremely dangerous—not only for other drivers, but for pedestrians as well.

 

Still, however, men and women continue to drive while distracted, and the number of accidents, injuries, and deaths that occur as a result continues to climb. According to StopTextsStopWrecks.org:

 

  • As of 2012, 78% of teens and young adults say they have read a text message while driving, and 71% say they have composed or sent text messages while driving.
  • As of 2012, 11% of all drivers under the age of 20 involved in fatal crashes were distracted at the time of the crash.
  • A person’s eyes are off the road for an average of five seconds while texting. If you’re traveling at 55mph, five seconds is enough time to cover the length of an entire football field.
  • Texting while driving enhances a person’s chance of getting into in a car crash by 23%.

 

Due in no small part to these statistics, “Take the pledge” campaigns gained a lot of popularity in recent years. According to ItCanWait.com, over 5 million people have signed their pledge to not text and drive. Clearly, drivers are aware of how dangerous it can be to text and drive. Yet far too many of them still do.

 

And other drivers and pedestrians on the road are suffering the consequences. Injuries that result from distracted driving accidents are many and varied, and they can be traumatizing not only to the victims but to their families and friends as well. Victims who have been hurt in distracted driving accidents may not only suffer the inconvenience of a damaged or totaled vehicle, they may also have to deal with personal injury in myriad forms—from minor cuts and bruises to lost limbs or disfigurement.

 

Hit by A Distracted Driver?

 

Boca Raton Auto Accident Lawyer

If you’ve been injured in an auto accident caused by a driver who was texting while driving, one of the first steps you take should be to speak to a qualified legal representative. Texting and driving is illegal and if you’ve been injured as a result of a distracted driver, you were injured by someone who was breaking the law. That person needs to be brought to justice, not only for your sake but also for the sake of other drivers and pedestrians who are at risk because of his or her negligence. Contact the law offices of Sootsky, Perez & Braxton today to get the compensation you need and put your life back on track.

 

 

 

 

Driverless Vehicles Are Already On Our Roads

Driverless Vehicles Are Already On Our Roads

by Auto Accidents

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.