Articles Posted in Car Accidents

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In the midst of the coronavirus pandemic, one might assume that traffic accidents and roadway deaths are on the decline. After all, fewer people are traveling short and long distances and many are hunkered down under stay-at-home orders. Unfortunately, as our Fort Lauderdale car accident attorneys understand, it appears that may not be the case in some areas.Fort Lauderdale car accident lawyers

For example, the Houston Chronicle reported that despite half as much road traffic, car accident deaths were only down about 20 percent this March compared to a year ago.

Some anecdotal observations are that while there are undoubtedly fewer vehicles on the road, some motorists are using this as an excuse to speed, blow through stop signs or fail to yield to pedestrians in crosswalks. Pedestrian accidents and bicycle accidents – which have always been a major problem in Florida – may even see an uptick as an increasing number of people are running and biking to maintain optimal cardiovascular fitness and also as an excuse to break the monotony of staying at home.

Just as in any other time, most accidents are caused by driver error or carelessness. There may be a feeling that traffic rules can be flouted because “nobody else is on the road,” so it doesn’t matter whether you make a full stop or look twice before making a left turn. The fact is, we should all assume we’re going to be sharing the road with others no matter how quiet the streets seem. Continue reading

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Accidents happen. According to the National Highway Traffic Safety Administration, they happened more than 6.4 million times a year, killing more than 37,000 and injuring more than 2.7 million.Fort Lauderdale car accident lawyer

Perhaps just as scary is the fact that nearly 27 percent of Florida drivers have no insurance.

Even drivers who carry the minimum amount of insurance won’t have enough to cover your damages in the event of a serious crash. Although Florida law requires drivers to carry $10,000 in personal protection and $10,000 in property damage coverage, it doesn’t strictly require bodily injury coverage, which is paid to others hurt if you’re negligent in causing a crash. Drivers are required to be responsible for up to $20,000 in bodily injury coverage per crash ($10,000 per person), but having insurance to cover that amount isn’t strictly required.

What this means, as our Fort Lauderdale car accident lawyers can explain, is that smart Florida drivers don’t waive or skimp on their uninsured/underinsured motorist benefits. It one of the best and sometimes the only way you’ll get anything close to full compensation for your injuries after a crash. Continue reading

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Florida’s personal injury protection (PIP) auto insurance model was designed to help lower insurance costs and discourage costly civil court claims for every little fender bender. And yet, research shows Florida drivers pay the third-highest auto insurance bills in the nation – roughly $1 billion annually. Fort Lauderdale car accident lawyer

Recently, bills were introduced by state lawmakers that would reform the no-fault auto insurance system in favor of a bodily injury coverage model. It’s not the first time lawmakers have tried. For three years running, similar bills have failed to gain enough traction.

It has been eight years since the most significant updates were made to F.S. 627.736, Florida’s PIP law, which requires one’s own auto insurer to extend up to $10,000 in coverage following a Florida car accident, regardless of fault. In 2012, lawmakers imposed restrictions on how much PIP coverage one could receive based on the severity of one’s injury. Insureds can now only glean $2,500 in PIP compensation for medical and disability benefits if the claimant didn’t suffer an emergency medical condition.

To pursue coverage outside of Florida’s no-fault system from the other driver, one must first meet the serious injury threshold, requiring evidence of permanent loss of a significant bodily function, permanent injury, significant and permanent scarring or death.

The Sunshine State is one of only a handful to adopt a no-fault approach to auto insurance. The two new bills that seek to alter the current model SB 378 and HB 771. These measures would shift the emphasis from personal injury protection coverage to a bodily injury model and require at least $25,000 in bodily injury coverage. Continue reading

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Every year, there are roughly 1.7 million rear-end collisions on U.S. roadways, killing some 17,000 and injuring another 500,000. That’s according to a report from the National Transportation Safety Board, which has been pushing for years for automakers to make collision avoidance systems standard in all vehicles. The NTSB estimates 80 percent of deaths and injuries resulting from rear-end crashes could be avoided with such systems, available in some makes and models, but not yet all. Fort Lauderdale rear-end collision

As Fort Lauderdale injury lawyers can explain, the occasion of a rear-end collision carries with it the rebuttable presumption of negligence by the driver in the rear. A rebuttable presumption is a legal presumption made by the court, taken as try unless someone can prove otherwise. Thus, it is presumed that the driver in the rear of a rear-end collision was in the wrong because he/she is required by law to maintain an assured clear distance.

An increasing number of rear-end collisions are caused by driver distraction, particularly with smartphones. Evidence that a driver was distracted at the time of a collision can be used as additional evidence of negligence in car accident litigation.

However, as noted in a recent Florida car accident lawsuit ruling by Florida’s 5th District Court of Appeal, the presumption that the rear driver’s negligence was the only cause of a crash can be rebutted if there is any evidence from which a jury can infer the front driver was also negligent. In other words, the rear-end collision rebuttable presumption doesn’t supersede the state’s comparative negligence system, as outlined in F.S. 768.81, wherein a claimant’s own fault contributing to an injury proportionally diminishes the amount of damages he or she can collect. Continue reading

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Motor vehicle manufacturing and design defects can’t be overlooked as possible catalysts in fatal or injurious Florida car accidents. The National Highway Traffic Safety Administration reports there were 30 million vehicles recalled last year, down just slightly from the 29 million the year before, though a significant drop from the record-high 50 million recalled in 2016. A quarter of the cars recalled haven’t been repaired, and these figures don’t include the vehicles with defects not yet identified/admitted by manufacturers.Fort Lauderdale car accident lawyers

Fort Lauderdale car accident lawyers can explain that when a vehicle defect or defective vehicle part plays a role in a crash or exacerbation of injuries, product liability claims may be filed against the auto maker.

Tesla is among the latest to come under intense scrutiny after a number of serious injuries and fatalities resulting from a range of alleged defects that plaintiffs in numerous injury and wrongful death lawsuits say rendered their electric cars unreasonably dangerous. Continue reading

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For those injured in a car accident, the term “subrogation” can seem foreign. Given that it deals with complex insurance benefits and contracts and that such negotiations often occur between insurers and attorneys behind the scenes, most never have much cause to consider it. But if you’re injured in a Fort Lauderdale car accident, health insurer or auto insurer subrogation rights can have a substantial impact on the amount you actually collect, so it’s important to have at least a basic concept of what it entails.car accident lawyer

What is Subrogation?

The term “to subrogate” means to substitute one party for another with regard to a legal claim or debt. The purpose of subrogation is to enforce final payment of compensation from the driver who was at-fault – and to prevent double recovery.

So after a car accident, let’s say your underinsured auto carrier covers a percentage of your lost wages. If you win a claim against the other driver – and part of the damage award includes lost wages – your UIM insurer would have a subrogation right to reclaim all or some of its money from your damage awards. Continue reading

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Errors made while changing lanes are among the most common causes of Florida car accidents, one of the more frequently-cited of the 73,000 right-of-way violations issued in Florida last year. The National Highway Traffic Safety Administration estimates approximately 9 percent of all crashes are caused by improper lane changes.car accident attorney

Causes of improper lane change accidents can include changing lanes without signaling, waiting to signal until after the lane change has begun, driving between lanes for an extended period of time, changing lanes on a stretch of road where lanes are separated by solid instead of dashed lines, driving impaired or driving distracted.

One of the first questions people think to ask in any crash case is how they can prove the crash was the other driver’s fault. Before answering this, it should be noted, that Florida is a no-fault state when it comes to auto insurance. That means you can usually recover some damages no matter who is to blame (up to $10,000 for medical bills and a percentage of your lost wages).

However, if your injuries or serious or someone died (meeting the threshold to step outside the no-fault law, as outlined in F.S. 627.737(2)), you will need to contact an experienced Fort Lauderdale injury attorney to advise you on filing a claim against the other driver. To collect any damages, you will be required to prove fault (legally referred to as “negligence”). Continue reading

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Recovering physically is the first step after a serious car accident. But financial recovery is another key step.Fort Lauderdale car accident lawyer

No one ever plans to get in a car accident, so it’s understandable few have given much thought as to how the civil claims process will unfold. Some of the most common misconceptions include:

  • “I have to sue the other driver to collect damages.”
  • “My car accident claim will go to trial.”
  • “My auto insurance will cover me if I have serious injuries – that’s what it’s there for!”

The truth of the matter is, you may not have to sue anyone at all, and even if you do, your case isn’t likely to go to trial. Most Florida car accident injury claims are resolved through settlement negotiation. Continue reading

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A jury in Gainesville recently awarded $13 million in damages following a Florida car accident in which a woman died in 2016 when another driver struck her vehicle during an illegal pass. The case has made headlines, and sparked a discussion over personal injury lawsuit damages and how they are calculated.car accident lawyer

As long-time Fort Lauderdale car accident lawyers, our Broward injury legal team recognizes that damages aren’t necessarily reflective of real-life losses. They never could be because, after all, how do you put a price tag on a human life or your ability to walk? Assignation of monetary values to such things may seem callous, but it’s the best means we have of helping to compensate people who suffered as a result of someone else’s careless or criminal actions.

Mostly in civil litigation, the damages we’re discussing are these type of “compensatory damages,” intended to “make whole” the individuals who are suffering, rather than about punishing the person who caused the injury. The exception to this is “punitive damages,” intended to penalize particularly egregious wrongs. Continue reading

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Florida’s new texting-and-driving law holds the promise of potentially safer roads throughout the Sunshine State. After years of pushing by public safety advocates – first for the original state texting-and-driving law and then to amend that law to make it a primary offense – Florida has a brand new distracted driving statute.distracted driving accident lawyer

The new measure, which went into effect July 1st, allows police to initiate traffic stops on the sole basis of observing a driver who is texting. Previously, law enforcement could only issue citations for texting-and-driving if the driver was stopped on the basis of another suspected offense.

Although this move is to be commended, Fort Lauderdale personal injury lawyers recognize Florida is among the last states to take this action. Continue reading

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