Category: <span>AUTO ACCIDENTS</span>

As Memorial Day approaches, people will be heading to and from our great Florida cities with their families and friends for a weekend getaway. Whether it’s a trip to Disneyworld in Orlando or a day at the beach in Miami, many of us will be on the road, which means a greater risk for auto accidents, especially with drivers behind the wheel after having a drink or two at that weekend barbecue.

Holiday travel in on the Florida roads can be hectic enough with all the traffic, but an auto accident can be a big speed bump on the road to your long weekend. According to a Florida Highway Safety and Motor Vehicles report, there were 22 fatalities due to car crashes on Memorial Day Weekend in 2009. That same year, May was the 2nd highest month for total crashes, with 20,688.

We want you to have a safe and fun-filled weekend, so here are some tips to help you and your loved ones stay safe when you’re on the road:

• Try to avoid driving during the busy, gridlocked times of the weekend (i.e. Friday after work) when everyone will be heading out for vacation • Always put your seatbelt on before driving, and be sure that your children are buckled up • Do not text while driving, as distracted driving can also lead to an auto accident • If you’re on the highway or turnpike, remember that a lot of people will be on the road as well, so keep a safe distance between your vehicle and the vehicle in front of you • Obey all traffic laws, speed zones and proceed with caution in areas of the road with heavy construction • Avoid driving late at night, when drunk drivers are more likely to be out on the road
• If you decide to drink, do so responsibly and do not drive
The Florida Highway Patrol also has helpful tips to help make your holiday travels easier and safer. If you are involved in an auto accident this weekend, be sure that you know what to do and consult with a Florida auto accident attorney Florida auto accident attorney to handle your case. Stay safe and have a great Memorial Day weekend!

On Friday, May 20, wrestling legend Randy “Macho Man” Savage, a two-time champion known for his vibrant style, his “Oh Yeah” catch-phrase and his ad campaigns for Slim Jim, passed away in an auto accident in Florida. He was 58 years old.

Yahoo News and the Sun Sentinel reported that Savage, born Randy Mario Poffo, was near his home in Seminole, Florida when his vehicle lost control. Though an autopsy will likely be performed to determine the cause of the crash, Savage’s brother Lanny Poffo said that he suffered a heart attack while driving his Jeep Wrangler which went over a concrete median and into oncoming traffic before slamming into a tree. Both savage and his wife, Barbara Lynn Poffo, were wearing seatbelts.

Watch the video on the Macho Man’s tragic death from CBSNews:

Auto accidents occur every day, leaving the parties involved with serious, sometimes fatal, injuries. They can be caused by human error, intoxication, texting while driving, or even a vehicle defect and can be very stessful if you don’t know what to do after an accident. If you have been involved in an auto accident and you have questions, contact our offices.

Last week, the Florida House of Representatives approved a bill which will have a significant impact on Florida auto accident cases. The Miami Herald reported that this bill was approved by a large margin of 80-35 and is on its way to Gov. Rick Scott.

Under the bill, SB 142, juries must consider the fault of every contributing party to the accident when apportioning damages for products liability claims against auto makers. According to the Herald, this bill will do away with the D’Amario v. Ford Motor Co. decision in 2001 which held that, “evidence of the primary cause of the cause of a crash, such as driver error or drunkenness, cannot be introduced in product liability cases.”

So what are the pros/cons of this bill? What does this mean for Florida plaintiffs in auto accident cases?

Proponents argue that this pro-business bill will open doors for more auto makers to set up shop in Florida and allow juries to consider all evidence before having auto makers pay up for product liability claims. On the other hand, critics of the bill are concerned that big businesses will not be held accountable for potentially defective products which will effectively pass the buck to Florida tax payers.

Though this will be an additional hurdle for product liability claims against auto makers, victims of auto accidents will still have their day in court and our lawyers will continue to pursue legitimate claims and fight vigorously for our clients’ rights. Our hope is that this bill will further educate, rather than confuse or distract, jurors with all the facts necessary to appropriately apportion liability and damages.

In a vote of 3-2, the town council for the City of Davie, Florida approved the use of red light cameras within their city limits. As I wrote about this issue previously, the implementation of red light cameras is highly controversial. The controversy exists because there really is no credible evidence that the use of red light cameras actually decreases traffic accidents. On the contrary, the studies appear to prove the exact opposite, that red light cameras increase intersection collisions.

As long ago as 1995, the Australian Review Board conducted a study comparing the use of red light cameras with the number of traffic accidents. This study analyzed the long term effect on accident-types of red-light cameras at 41 intersections in Melbourne, Australia. The cameras were installed in 1984, and reported accidents for the period 1979 to 1989 were used in the detailed analysis. The study concluded the following:”The results of this study suggest that the installation of the RLC at these sites did not provide any reduction in accidents, rather there has been increases in rear end and adjacent approaches accidents on a before and after basis and also by comparison with the changes in accidents at intersection signals.”
“There has been no demonstrated value of the RLC as an effective countermeasure.”

In 2007, the Virginia Transportation Research Council issued a report which also showed an increase in traffic accidents. The study concluded: “After cameras were installed, rear-end crashes increased for the entire six-jurisdiction study area… After controlling for time and traffic volume at each intersection, rear-end crash rates increased by an average of 27% for the entire study area.””After cameras were installed, total crashes increased.”

In 2001, the office of U.S. Congressman Dick Armey uncovered a very interesting fact when performing their own analysis of the issue. Representative Armey’s office found that the author of those studies that advocated that red light cameras improved traffic safety was the very same man who invented the device and stood to profit from its widespread acceptance and implementation. This study concluded: In short, the only documented benefit to red light cameras is to the pocketbook of local governments who use the devices to collect millions in revenue.”

I have to agree with Representative Armey’s conclusion. Because of the devastating impact that our economic recession is having on local governments, local governments appear to be looking for any way to increase revenues. However, the implementation of an idea that will actually increase traffic accidents is extremely shortsighted, in that an increase in traffic accidents will place an additional monetary strain on police and fire rescue units who are required to respond to an accident scene.
Read more “City of Davie Approves Red Light Cameras”

If you have a previous injury that is aggravated after a car accident in Florida, what are your rights? Can you collect damages for medical bills incurred even though you already have a pre-existing condition? Can you collect ongoing payments for your long-term injury if it gets worse as a result? Only an experienced personal injury lawyer can help you figure out what is rightfully yours and fight the insurance companies to get it.

Many people suffer from pre-existing conditions at the time of an accident. Common injuries that can be aggravated by such an event include: arthritis, head and neck injuries, back injuries (herniated disks, bulging disks, spinal cord injuries, etc.), knee and hip injuries and more. Sometimes, though, an insurance adjustor will claim that your pre-existing condition precludes you from receiving compensation for your injuries.

Making Your Case Stronger
Generally speaking, the driver who is at fault for an auto accident is liable for paying for medical bills, lost wages and/or pain and suffering caused during the collision, even for people with pre-existing injuries. Proving new aggravation of old injuries can be tricky, though, and there are a few things you can do to improve your chance at recovery:

– Be sure to seek medical attention right after an accident.
– List all pre-existing conditions with your doctor or medical professional immediately after an auto accident.
– Carefully document all of your symptoms, doctor’s visits and other medical attention received after the accident. This documentation can help distinguish old health problems from new ones caused as a result of the accident.

Contact a lawyer as soon as you’ve been in a car accident. The insurance companies may offer you a settlement or they may deny your claim altogether. The only way to know if you’re getting what is fair is to speak to a legal professional today.

In Florida, drivers must carry a minimum amount of car liability insurance because it is a “no-fault” state. This means that no fault is assigned to drivers when accidents occur and insurance companies automatically pick up expenses for medical bills and lost wages, up to the policyholder’s limit. However, the no-fault rule does not apply when it comes to paying for the car’s repair after an accident.

This means that insurance claims for car repairs are still based on fault. So, at the scene of a crash, it is vital that you never acknowledge your part in the accident (if any). Insurance adjustors can use this information against you to deny you benefits. Instead, simply exchange information and allow your insurance company to deal with the investigation. Similarly, be sure to make note if the other driver admits fault in the accident, as this information can be used to strengthen your case as well.

If you have talked to your insurance company and the insurer of the other driver and are getting nowhere, it’s time to hire a reliable auto accident attorney. An attorney can file the necessary documents to get the insurance company to pay. They can also expedite the process if you’re having trouble getting straight answers on your own. Although Florida is a no-fault state, there is still plenty of room under the law to fight for the compensation you deserve.

If you’ve ever been involved in an auto accident in Fort Lauderdale, you know how scary the experience can be. In the moments just after a collision occurs, most people are in shock for a few minutes and many people aren’t sure of the steps they should take immediately after a crash. Here’s a list of auto accident basics that can help you expedite the claims process:

1. Stop your vehicle. Never flee the scene of an accident, even if it wasn’t your fault.
2. Check for injuries to yourself and your passengers. Call 911 immediately if anyone is hurt in your vehicle. If you can move safely, check the driver/passengers of the other vehicle(s) as well to see if they need emergency assistance.
3. Call the police if the accident is serious or if it is a hit and run. Minor fender benders don’t need police attention in most situations.
4. Exchange information. Regardless of fault, you have to exchange information with the other driver(s). Be sure to provide and receive names, phone numbers, addresses, license plate numbers, insurance information and driver’s license numbers. Get contact information from witnesses as well.
5. Document the scene and the damage. Use your cell phone camera or a digital camera to take pictures of all vehicles at the scene or as soon as possible. Take note of the weather conditions, the other driver’s car and any other pieces of pertinent information.

After you’ve taken these steps, contact your insurance company and report the accident. Also, be sure to seek medical attention for any injuries you may have received. This step is a crucial part of your personal injury case against another driver who is responsible for your injuries. Be sure to call a Fort Lauderdale personal injury attorney to handle your case. Insurance companies will work hard to deny you adequate coverage and an experienced lawyer can help you recover damages for your injuries.