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  • Are you a victim of road rage?

    We have all experienced road rage. It is when a person gets behind the wheel while experiencing extreme anger and taking it out on other drivers or pedestrians. Road rage is much like drunk driving in that the driver’s uncontrollable anger may impair their mental faculties the way alcohol would. It is also one of the leading causes of motor vehicle accidents. The problem is that it is more challenging to make a claim against an angry driver than a drunk one. Breathalyzers only account for intoxication, not aggression. How would you know then if you are a victim of road rage?

    How to tell if another driver is exhibiting signs of road rage

    Drivers experiencing road rage are more prone to dangerous behaviors on the road. They tend to project their stress and hostility toward unsuspecting drivers, cyclists and pedestrians. When on the road, you should be wary of unreasonably aggressive drivers. Here are signs you should watch out for:

    • A driver speeding or attempting to speed even in traffic
    • A driver tailgating or following behind other vehicles too closely
    • A driver ignoring traffic lights or road signs
    • A driver changing lanes without signaling
    • A driver honking their horn nonstop
    • A driver shouting or making obscene hand gestures

    If you feel that an aggressive driver is displacing their anger toward you, do not engage. It can be a terrifying experience when an angry driver is targeting and victimizing you. Try to maintain a safe distance behind them. Remember that they have already lost their temper, so do not lose yours.

    What if the aggressive driver causes a car crash?

    Immediately call the police because they may be capable of more than just property damage. You can pursue a personal injury lawsuit since the driver drove recklessly and negligently. Just because you chose to stand down while the driver was victimizing you on the road does not mean you should do the same in the courtroom.

  • Car accidents: What should I do if I believe the other driver was intoxicated?

    Intoxication often dulls a driver’s senses and reaction times and can increase their risk of being in an auto vehicle accident. Unfortunately, a car crash sometimes affects not just the intoxicated individual but also unsuspecting motorists and pedestrians, and it might also damage property.

    But what should you do if you are in a car accident and believe the other driver was drunk? The following tips can help you in the event you decide to the hold the other driver accountable through a civil lawsuit.

    Items on site

    Certain items at the accident site, such as empty beer containers near the driver’s seat, might cast doubts about the at-fault driver’s sobriety while they operated their vehicle.

    Police report

    Law enforcement generally documents car accidents through a police report. This report details the incident, including the involved individual’s behavior and state of drunkenness.

    Blood alcohol concentration (BAC)

    Law enforcement usually performs blood alcohol tests after a car accident to verify the involved persons’ intoxication levels. They often include these tests’ results in their report.

    Driver’s behavior

    Sometimes, the at-fault driver’s mannerisms might indicate how drunk they are. Sleepiness, lack of attention and coordination, and stumbling are frequent signs of drunkenness.

    It is critical to note that just because a driver had a few drinks does not automatically mean they are at fault when they suffer a car accident. For instance, they will likely not be responsible for a car crashing into their parked vehicle.

    An advocate who specializes in the intricacies of personal injury law can help you navigate these and other issues. They can also help you build a case that holds the driver who was responsible for the accident accountable for their wrongdoing.

  • Things to keep in mind following a motor vehicle accident

    To say the risk of getting into a motor vehicle accident in Florida is high would be an understatement. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 2021 saw a total of 401,533 car crashes. Of those crashes, 163,961 led to injuries, while 3,445 were fatal.

    If you get involved in a motor vehicle accident, your immediate concern should be your safety. You must seek medical attention as soon as the first responders arrive at the scene. Treatment is a priority before any talk of insurance or filing a lawsuit against the other driver happens.

    But apart from medical treatment and discussing insurance, you should keep a couple of things in mind when handling an accident.

    Reporting to the police

    State laws say that drivers involved in a crash must report the incident to the police if at least one of two conditions are met:

    • If the collision caused at least $500 worth of vehicular or property damage.
    • If the collision led to an injury or death.

    If none of these conditions apply, you must accomplish a crash report on the FLHSMV website. But if you’re looking to sue the other driver for damages, a police report will be essential for your case.

    No-fault insurance

    Florida is a “no-fault” auto insurance system state. Regardless of who may be responsible for the collision, insurers will cover motorists’ injuries through Personal Injury Protection (PIP) for up to $10,000. But once your medical expenses go beyond this cost, you may file a lawsuit against the other driver and their insurer for additional compensation.

    Statute of limitations

    The state’s statute of limitations gives drivers four years from the date of the incident to file a lawsuit for compensation. Four years may sound like a lot of time, but considering the time it would take to recover from traumatic injuries such as fractures or possible brain injuries, those four years could easily slip by. You should keep this timeframe in mind, or else your claim will be barred if you miss the deadline.

    If you are involved in a motor vehicle accident, you can’t just threaten the other driver with a lawsuit on the spot – there’s a system and process in place which will allow you to seek compensation. Injured motorists might want to discuss their situation with an attorney to determine their next course of action.

  • Should I visit my doctor after a slip and fall?

    Slip and fall injuries might not always seem serious, but sometimes they necessitate a hospital trip. If you experience the following signs and symptoms, seeing your doctor can help preempt severe complications.

    Popping or snapping sound

    If you heard a popping or snapping noise during or immediately after your fall, it is possible that you suffered a fractured bone or dislocated joint. Ignoring this sign and going on with your day may result in further damage to any injured body parts.

    Aches and pains

    Pain is a common and immediate sign that something is wrong with your body. For example, if the sensation is close to vital body parts, such as your back and chest, it might indicate damage to your spine and ribs.

    Unconsciousness, confusion, or nausea

    Movies and TV shows often make light of these symptoms, but falling unconscious or feeling dizzy after a fall may point to significant head injury. Immediate medical attention can help reveal and address damage to your brain, spine, and other organs.

    Delayed symptoms

    It is possible that you might not even feel anything after your injury, but this does not necessarily mean you are entirely uninjured. Some injuries do not show symptoms until several hours or days after the incident. For this reason, it is crucial that you stay alert and watch for any unusual sensations and changes in your body following a slip and fall.

    Treatment and recovery often become more expensive when your injuries result in severe complications. Prompt medical attention can help prevent your condition from worsening and enable you to return to your job and everyday activities sooner.

  • The most common injuries from car accidents

    In Florida, car accidents can result in injuries. How someone else hits your car, your position in the vehicle and whether you had your seatbelt on determine the severity and types of injuries you could sustain from the force of the impact.

    Even when a vehicle accident seems minor, injuries still occur. Some car accident-related injuries take a few days or even weeks to surface, so seeing a doctor after an accident is critical so that you can have a proper examination and treatment.

    The following categories represent the most common types of car accident injuries.

    Whiplash and other soft-tissue injuries

    Of all car accident injuries, whiplash is the most common. This soft-tissue injury typically involves a cervical sprain, strain or hyperextension. Other soft tissue injuries include bruises or contusions, strains and sprains on any body part.

    These injuries do not appear on X-rays and may not become apparent immediately. Some soft-tissue injuries are acute and will resolve over time with proper treatment. Others become chronic, such as soft tissue injuries in the back, and may cause pain for an indefinite amount of time.

    Broken bones

    Many people involved in car crashes sustain broken or fractured bones, especially the arms, legs and ribs. These injuries can cause extreme pain and require surgery to repair so the bones can heal appropriately.

    Head injuries

    In an accident, traumatic head injuries are common, as occupants may hit their head on the inside of the car upon impact. Injuries include mild concussions to severe traumatic brain injuries (TBI). TBIs can cause life-long physical and cognitive impairment.

    Back injuries

    The impact of a car crash can cause accident victims to sustain back injuries such as herniated discs, nerve damage and more serious spinal cord injuries.

    Cuts and bruises

    Cuts, bruises and abrasions could be minor but still extremely painful. More serious injuries can result from broken glass or jagged metal, causing deep lacerations or amputations.

    Bruising can range from minor bumps to severe internal injuries, including damage to internal organs and major blood vessels. These injuries can bleed internally and become life-threatening.

    Psychological injuries

    This type of injury might not surface right away, but after a vehicle accident, victims can experience anxiety, depression and other symptoms of post-traumatic stress disorder (PTSD).

    If you are involved in a car accident, it is critical to have a doctor’s examination, even if you do not think you have any serious injuries.

  • 4 ways to recover financially after a car accident

    Many car accident victims struggle to pay for their medical bills and other related expenses after recovering. A serious injury may also keep someone from working indefinitely, leaving them with no means to pay their bills.

    After an accident, these are some bills you can expect to pay:

    • Hospital and emergency room bills
    • Medical free consultations
    • Physical Therapy
    • Prescription medication and
    • Vehicle repair costs

    As you can imagine, all these fees will add up and make it difficult to stay afloat financially. Exploring the following options may help you ease your financial burden.

    1. Set up payment plans

    In Florida, all drivers must have Personal Injury Protection (PIP). Regardless of who caused the collision, this no-fault insurance could help pay up to $10,000 of your medical expenses and lost wages.

    Moreover, many hospitals and doctors are sympathetic to patients. Try to explain your situation and negotiate your payment. The hospital could agree to reduce your bill or offer financial assistance.

    Similarly, notify your landlord or mortgage lender immediately. They may be willing to provide a workaround, such as a repayment plan.

    1. Recover expenses from the at-fault driver

    If the accident was not your fault, the at-fault driver’s insurance provider might be able to reimburse you for the amount you spent on treatment and repair bills following the collision.

    Additionally, you may be able to hold them accountable for future medical expenses, lost wages, and diminished earning potential.

    1. Review your budget

    You will likely have to pay some fees yourself. Hopefully, you have an emergency fund set up, but in case you do not, review your expenses and look for areas where you can make cuts. Organize your finances so you can monitor your spending.

    1. Take out a loan

    Victims in the middle of a lawsuit can consider taking a pre-settlement loan to help keep themselves financially secure until their case settles. However, if you win your case, you will need to pay the pre-settlement loan back along with applicable interest and fees.

    Recovering from an accident can take a toll on anyone but remember you are not alone. If you are having trouble collecting payments from the at-fault driver or your insurance company, it may be time to contact a car accident lawyer.

  • Why many car accidents occur

    Driving carefully and focusing on the road could help a Florida commuter avoid an automobile accident. Sometimes, drivers must pay attention to others who are operating their vehicles recklessly. Government-compiled data shows that reckless behaviors contribute to many accidents annually.

    The reasons for crashes

    Government entities keep track of accidents and their causes. Studying the reasons for accidents may help find solutions to the underlying factors. The National Highway Traffic Safety Administration noted that more than 6.7 million traffic accidents occurred in 2019, with a significant number being preventable. A deeper dive into the data reveals the frequent reasons for vehicle crashes.

    The roads will never be free of speeding vehicles. Agitated, stressed or impatient drivers may press down on the gas pedal and drive at an unsafe speed. Hazardous road or weather conditions might not deter them. The same may apply to other traffic violations that increase accident risks, including impaired driving, leaving someone open to criminal and civil consequences after a collision.

    Other causes and concerns

    Distracted driving continues to be a problem. A driver who pays more attention to an infotainment touch screen than traffic could cause a collision. Someone could also become distracted while driving by glancing away from the road when something inadvertently catches their attention. Those who cause motor vehicle accidents because they are too tired to concentrate may face civil actions after a collision.

    The resultant accidents could be a rear-end or head-on collision, or they may involve rollovers. Some crashes could result in a vehicle hitting a pedestrian or bicyclist. Ultimately, if a reckless driver causes harm, there could be civil or criminal consequences.

  • What are Florida’s wrongful death laws?

    Losing a loved one is hard for any Florida resident, but it’s a different pain category when the loss is due to wrongful death. Unfortunately, there is no way to get your loved one back, but you have the right to file a wrongful death lawsuit. These are the laws in the state.

    Understanding wrongful death

    Wrongful death occurs when a person dies because of someone else’s negligence, recklessness, or intentional violence. Unlike criminal homicide cases, wrongful death is a civil action. If a lawsuit against the liable party is successful, the victim’s surviving family members recover compensation for various damages.

    Florida’s wrongful death laws

    In Florida, the decedent’s representative can file a wrongful death lawsuit on the family’s behalf. The statute of limitations for filing is four years from the date of the victim’s death.

    Damages in a wrongful death lawsuit include both economic and non-economic damages. Monetary damages include medical expenses while the victim was still alive, funeral and burial costs, lost wages and earning capacity. Non-economic damages include the decedent’s pain and suffering before their death and those suffered by the surviving family members: loss of companionship, loss of consortium, loss of support and guidance and mental anguish.

    In some cases, the victim’s survivors may also recover punitive damages if a wrongful death claim is successful. The court might do that not to compensate the family; if the defendant’s actions were particularly egregious in causing the death, punitive damages might be awarded to punish them.

    You have cause to file a wrongful death claim if your loved one would have been able to file a personal injury claim if they had lived.

  • Car accident deaths: damages for the victim’s family

    It is difficult for the surviving family of a motor vehicle crash victim to pick up where they left off since the death of a loved one significantly changes the family’s dynamic and lifestyle. If the member involved in the motor vehicle crash is the household’s primary source of income, the family would also have to adjust significantly to continuously provide for their well-being. With this issue, they may consider seeking damages against the driver at fault.

    “No-fault” rule and exception

    Generally, Florida is a no-fault car insurance state. This means that the drivers will recover compensation from their respective insurers no matter who is at fault. However, an exception is if the victim suffers a permanent injury which includes death. In this case, the victim’s family may bring a claim against the at-fault driver.

    Common damages

    Florida laws protect the family members of car wreck victims and allow them to recover damages for the loss of their loved ones, given the circumstances of the crash permit them to do so. Common compensation that the law entitles families of victims to receive may include:

    • Medical bills
    • Funeral and burial costs
    • Pain and suffering
    • Loss of income
    • Punitive damages or the defendant’s payment for the offense
    • Property damage

    Seeking compensation for the loss of a loved one can be a tedious process. But knowing that there are damages available for the surviving family members of victims can ease any financial worries that they may have.

  • Flying wheel accidents often cause death or serious injury

    The semi-tractor trailers that transport goods to stores and warehouses in Florida and around the country usually have 18 wheels, and each of them weighs about 100 pounds. When a wheel falls off while a truck is in motion, other road users rarely have time to get out of the way and avoid injury. Flying wheel accidents, as they are called, are often fatal, and the victims are sometimes pedestrians, cyclists, construction workers or first responders.

    Causes of flying wheel accidents

    Determining what caused a truck wheel to fall off is sometimes difficult, and truck inspectors, engineers and metallurgists may have to be called in to help identify the problem. If the truck crashed after losing one or more of its wheels, the investigation could be even more challenging. Some of the most common causes of flying wheel accidents are:

    • Rusty or broken axles
    • Wheel bearing failures
    • Hub separations
    • Tire defects
    • Inadequate maintenance
    • Botched repairs

    Catastrophic injuries

    A flying truck wheel can cause death or serious injury to vehicle occupants as well as pedestrians. In June 2018, a 25-year-old man was killed when a wheel flew of a truck and struck his SUV on Interstate 95 near Oakland Park. According to the Florida Highway Patrol, the wheel struck the vehicle after bouncing over a concrete wall. The commercial vehicle accident was blamed on a catastrophic tire failure.

    Negligence

    Mechanical failures are sometimes unavoidable on a machine as large and complex as a semi-tractor trailer, but negligence is often to blame when one of these vehicles loses a wheel. Rusty axles, worn wheel bearings and defective tires are all issues that could be prevented by proper maintenance or detected during regular truck inspections. When these steps are not taken, flying wheel accidents that kill or seriously injure other road users become far more likely.