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5 Difficulties Florida Workers Face When Filing Worker’s Compensation Claims

5 Difficulties Florida Workers Face When Filing Worker’s Compensation Claims Receiving workers compensation benefits in the state of Florida after suffering a workplace injury can be a surprisingly difficult endeavor. Florida is known to be a business friendly state, which doesn’t always translate well to being an employee friendly state, with laws in place that cause quite a bit of red tape when it comes to receiving the worker's compensation benefits you need. Because of these laws, it’s more important than ever to contact a skilled Florida personal injury or workers compensation attorney when facing recovery from an injury sustained at work.

There are some difficulties often experienced by Florida workers after they’ve been injured and are seeking workers compensation benefits. 5 of these difficulties are:

• Insurance providers choose your medical professional – If you’ve been injured at work and your injury requires a doctor’s care, this doctor will be chosen out of a list vetted and approved by your job’s worker’s compensation insurance provider. This means that you may not be able to be seen by your regular health care provider, or the health care provider of... ...read full post

Limousines: Should Style Come Before Safety?

Limousines:  Should Style Come Before Safety?On October 6, a stretch limousine got into a fatal crash in upstate New York. The limo in question had failed its latest state-required safety inspection, and its driver didn’t have a license to drive the extra-long vehicle. Because of this accident, all 18 people in the limo died along with two pedestrians who were unfortunately close to the scene. The accident is one of the all-time worst automobile crashes in the United States, and the country hasn’t seen a transportation accident of any kind this bad since a plane crash in 2009.

There’s no doubt that the accident was tragic, but there’s also no doubt that it was avoidable. It’s clear enough that the limo company, Prestige Limousine, wasn’t following regulations like it should have, and that fact is very likely the cause of the accident. However, part of the problem may have been with the design of the limo itself.

What Makes A Limousine

There are very few companies out there that build limousines from the ground up. They’re specialty, luxury vehicles that often come with extensively customized interiors or else get sold... ...read full post

Assessing Damages Following An Automobile Accident

Assessing Damages Following an Automobile AccidentOne of the biggest worries a person faces following a car accident is their own health and then how much compensation is going to be needed to fix the vehicle. Once you get into an accident, all the vehicles should be removed from the way of traffic and then injuries should be assessed and attended to before anything else is done.

Once everyone is determined to be in good health, it is time to begin to assess the damages. To do this, you can follow a few easy steps to make the process more manageable.

Immediately Following the Accident

Once all medical concerns have been addressed, it is time to take photos of the damage to your vehicle. When taking the photographs, you want to be sure to take photos from all angles. Take them close-up, far away, and don’t neglect to take photos of both the interior and exterior of the vehicle.

You will then want to take photos that show the location in which the accident occurred as well as the license plate of every vehicle involved.

Take Notes

Take note of any personal property you have inside the vehicle... ...read full post

Debunking Myths About Social Security Disability

Debunking Myths About Social Security DisabilitySocial Security Disability is a type of insurance that pays out benefits to you and certain members of your family if you are insured and have worked the appropriate amount of time that is necessary.

Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) benefits begin to pay out when you are no longer able to do any substantial work due to a physical or mental impairment that is expected to last long term.

While the two programs sound very similar, they are actually different, and this also happens to be one of the biggest misconceptions when discussing social security benefits.

You do not have to be disabled in order to qualify for SSI, for example, like you do with SSDI because it is rather a financial need-based program and not a disability program.

The following are a few more of the more common myths that are floating around about SSDI and the information you need to know.

Myth Number One: I am completely healthy, so I don’t have to worry about disability

Like many things in life, disability is unpredictable, so you never will really know how soon... ...read full post

Traffic Tickets Are Down & Accidents Are Up

Traffic Tickets Are Down & Accidents Are UpFlorida is always going to have the sun and weather all year round that makes it a great place to drive or take a motorcycle out on the road. But if the recent statistics from state law enforcement are anything to go by, there’s a disturbing new trend that’s on the rise on our roads and highways. Less enforcement of traffic law is leading to a rise in the number of car accidents that are occurring.

The Law Does Matter

One of the most interesting statistics to come out of state law enforcement is the apparent correlation between how active police officers are in enforcing traffic laws, and the number of accidents that occur on the road. State law enforcement shared their data from the years 2012-2017. Over the years, fewer traffic tickets for speeding, distracted driving and other moving violations have been issued as the years have passed.

There are numerous reasons for this. One is that Florida is now trying to rely more on educational efforts, as well as giving people warnings before issuing a ticket. Another is one of budgets; Florida law enforcement has become... ...read full post

What Happens If I’m Injured When Riding In An Uber Or Lyft?

What Happens If I’m Injured When Riding In An Uber Or Lyft? Ridingsharing apps like Uber and Lyft have become extremely popular, especially in Florida with our high volume of tourists. They are incredibly easy-to-use, cost effective, and for the most part, completely safe. However, no matter what vehicle you are traveling in, accidents can happen. If you are in an accident in a Lyft or Uber and are injured, what happens? Who is liable for your injuries?

 
Common Carrier Laws And Ridesharing Apps
 

Most transportation carriers including bus companies, taxis, and limousines are defined as “common carriers”. With this definition they have a higher legal obligation to protect the safety of their passengers. If you are injured while in the care of a common carrier, they are solely responsible for your injuries. When Lyft and Uber were first starter, because they by all definitions would fall under common carriers, states assumed these rules would apply. However, the companies argued they are not common carriers and that the liability for accidents should fall on the individual drivers.

 
Florida Law And Ridesharing Apps
 

Since Uber and Lyft fell in a grey area, Florida legislators introduced a bill... ...read full post

Stay Safe On Florida Roadways With These Driving Tips

Stay Safe On Florida Roadways With These Driving TipsSummertime is nearly upon us, and soon, Florida will be hustling and bustling with activity. Tourists from all over the world come to the state for the beautiful beaches, fun amusement parks, and pristine weather conditions. Various organizations will receive revenue boosts from the visitor increase, and the economy will thrive. However, with more people being present, there will also be a substantial amount of traffic on the roads. Therefore, the risk of an automotive accident occurring raises significantly.

With any luck, the driving tips we are going to share will keep you out of any jams, but if a car crash happens, victims may be entitled to compensation for their injuries. Visit our firm’s contact us page or feel free to schedule an appointment over the phone. The personal injury attorney has been practicing law since 1983. He has the experience, know-how, and ability to take cases the distance if need be, but often, insurance companies choose to settle out of court once they find out who is representing the client. So, utilize these... ...read full post

Keep Your Distance From Distracted Drivers To Prevent Yourself From Being Involved In An Accident

Keep Your Distance From Distracted Drivers To Prevent Yourself From Being Involved In An AccidentPeople have been partaking in activities that distract them from their driving for years. It used to be not all that uncommon to see a driver reading a newspaper or magazine during traffic hour. Gadgets, smartphones, and tablets have made many of these types of distractions obsolete, but they also opened up an entirely different can of worms. Glancing away from the road to text, even if only for a brief moment, can change your life drastically in an instant. There are GPS and other apps that assist with driving, but the vehicle should always be parked in a safe location before attempting to input coordinates. A person's attention should stay steadily focused on the road, as well as, their vehicle's surroundings, and with any luck, accidents will be avoidable.

Watching the car in front of you sway back and forth between the painted lines on the street could indicate that distracted or impaired driving is taking place. Slow down and remain at a safe distance from the vehicle. After all, most people would likely rather get... ...read full post

Who Owns The Road (And Pays To Keep It Paved)?

Who Owns The Road (And Pays To Keep It Paved)?Highways and streets don’t pave themselves. Someone has to own the strip of land the road is on, pay for the gravel and asphalt to cover it, pay for the heavy machines and workers to pave it, and pay for the paint for the lines. Someone also has to pay for damages caused to vehicles and people caused by deep potholes if they’re left unfixed.


State


Although major highways like interstates and U.S. routes use federal funds for construction and upkeep, their owners are technically the states they’re in. So the state of Florida owns I-95 from the border on St. Mary’s River down to Miami, but Georgia owns the freeway until it crosses the Savannah River into South Carolina. Between the state and federal transportation funds, you can usually count on the highways being in good enough shape that you don’t have to worry about vehicle damage.

States also own state highways, like FL-776, a road that starts in Port Charlotte and ends in Venice. Because the state owns these roads along with the bigger highways, they can share numbers,... ...read full post

PIP Repeal Faces Difficult Road Ahead

PIP Repeal Faces Difficult Road AheadThe past few legislative sessions, Florida’s House and Senate have attempted to repeal the state’s requirement for drivers to carry personal injury protection insurance. This year’s legislative session has proved no different. However, much like years past, the effort to do so has seemingly hit a roadblock.


Personal Injury Protection


Florida’s personal injury protection mandate was originally passed into law in 1972. The law requires drivers to carry $10,000 in personal injury insurance. Personal injury insurance is considered to be a no-fault policy, which means the policyholder reaps the benefits no matter who was at fault in an accident.

A $10,000 policy covers 80% of medical expenses and 60% loss of income. Additional variations of the policy can also be purchased through insurance providers. Florida is one of ten states to require personal injury insurance.
Unfortunately, there has been a rise in scams and fraudulent schemes that take advantage of the PIP mandate. Fraud is the main reason why Florida’s legislature has continually pushed forward with repeal.


Maintaining Certain Provisions During Repeal


Although the legislature is attempting to repeal the mandate, there are certain provisions that... ...read full post

Utilize An Accident Attorney When An Increased Risk Of Fire Leaves You Injured

utilize-an-accident-attorney-when-an-increased-risk-of-fire-leaves-you-injuredFor many of us, vehicles are our best friends. While they do not offer conversation or traditional companionship, cars provide their owners a host of other benefits. Depending on traffic and road conditions, automobiles help us get from here to there quickly. Sitting on the inside of a car keeps people protected from outdoor elements, providing that they are not softball-sized hail or hurricane force winds. Many operators even feel so safe behind the wheel that they could never imagine an accident happening to them. However, in many cases, it is other drivers that cause the incidents, so people must always keep their heads on a swivel to look for dangers.

Trucking accidents, car or motorcycle crashes, and even pedestrian-related issues occur every day around our great nation. Yes, Port Charlotte, Punta Gorda, and other areas around southwest Florida are included in the equation. Driving services like Uber and Lyft, tourists, and most of us accomplishing our everyday commute, add to increased traffic on the roadways. Also, more and more shoppers are buying things online these days, which means an increased presence of mail trucks and package delivering... ...read full post

Stay Safe And Free Of Personal Injuries This Hunting Season By Avoiding These Products

stay-safe-and-free-of-personal-injuries-this-hunting-season-by-avoiding-these-productsWhenever a person reads or hears the word recall, their mind likely drifts to an image of a car with an airbag failure. The reason is, over the past decade, or so, the Takata corporation has garnered much of the attention. However, items that many of us utilize every day can also affect one's livelihood. Take cell phones for instance. The days of pay phones and pagers are gone, and it is difficult to find a traveler without a device by their side. Smartphones are essential for accessing information at the touch of a screen. Technology has touched our lives in ways that never before seemed possible. Therefore, it stands to reason that the accessories of these products sustain substantial use.

Overheating electrical charges can start a fire, leave behind different degrees of burns on the skin, and even pose an electrocution risk to consumers. Something as simple as recharging your battery could have lasting negative consequences, and on occasion lead to a wrongful death. This example shows that personal injuries can happen anytime, anywhere, and with items that most of us do not view as being dangerous. If you or a... ...read full post

Scenarios That Can Result In Compensation Whenever You Employ A Reputable Personal Injury Lawyer

scenarios-that-can-result-in-compensation-whenever-you-employ-a-reputable-personal-injury-lawyerWorkplace, automotive, trucking, and numerous other accidents happen in Florida on a daily basis. Each one offers a host of minor and severe injuries to the participants, which are both physical and mental. Car crashes make emotions run high, but people should try to remain calm, which will hopefully aid in avoiding unwanted scenes or altercations. After all, both parties will likely be shaken by the event. The health, safety, and well-being of passengers, in each vehicle, should come before all else. First aid should be given to those in need, and the proper authorities contacted.

Trucking, nor automotive accidents, are kind to the travelers that are involved in them. Our bodies are no match for the heavy machinery. Thankfully, multiple safety features have been added to cars, over the years, that combat some, but not all, of these effects. Brain injuries, wrongful deaths, whiplash, and many other damages are possible. A lengthy recovery process and a substantial amount of medical bill debt, are unfortunate, but realistic, events that will take place in the person's future. If it can be proven that the one driver acted negligently, carelessly, or recklessly,... ...read full post

Prevent Yourself From Needing A Car Crash Lawyer By Avoiding Drivers Showing These Signs

prevent-yourself-from-needing-a-car-crash-lawyer-by-avoiding-drivers-showing-these-signsRemember back to the days when you first got your license. The feeling was spectacular, and aside from meeting your parent's curfew, little else stood between you and the freedom of the open road. Unfortunately, many of us participated in countless acts that were distracting, and some people never seem to outgrow the actions. Eating, talking or texting, and even listening to loud music can impair one's ability to drive safely. Rowdy passengers or pets, jumping in and out of the vehicle operator's lap, can also undermine a person's capabilities. The list of things that can cause distracted driving could go on forever, but even practicing the most cautious habits is not always enough to stop accidents.

There seem to be more people on the roads now than ever before. Cars must share the roads with cyclists, and vice versa, while all motorists are obligated to always remain on the lookout for pedestrians. Glancing eyes away from the street, even if for only a mere second, is a recipe for disaster, and one that can alter a person's life forever. A wreck can not only hurt a person physically, but it... ...read full post

Information About Accidents Caused By Road Construction Or Design For Sarasota County Residents

information-about-accidents-caused-by-road-construction-or-design-for-sarasota-county-residentsCyclists, motorists, and even pedestrians can sustain personal injuries from crashes caused by potholes, improperly placed safety barricades, or just poorly designed streets. Anything is possible as roads zig when they actually should have zagged. Some of the more common hazards include...


• Non-illuminated street lamps or stop lights
• Uneven lanes
• Poor drainage
• Hazard markers not in place, or installed in a non-visible location
• Poorly maintained roads

Many cities and counties, with subdivisions and mud-districts alike, sub-contract street maintenance duties. These acts can include making repairs or sweeping and removing debris from the road to allow for safe passage. The methods help keep property taxes manageable, but when the work is not of high-quality craftsmanship, conditions seem to go downhill and accidents happen. A vehicle's tire can become popped from the direct impact of a pothole. Drivers caught off guard by the sudden change can jerk the wheel, which causes some things to happen, including being involved in a crash with a pedestrian or car. Countless damages can be incurred by involved parties, including, but not limited to, head trauma, broken bones, cuts, bruises, or even wrongful deaths.

Individuals of the crash, and in... ...read full post

An Automotive Recall Can Leave Drivers And Passengers In Need Of A Car Crash Lawyer

an-automotive-recall-can-leave-drivers-and-passengers-in-need-of-a-car-crash-lawyerMany of us take the conveniences that our vehicles add to our lives for granted. A driver can hop in a car, at any time, and head out in search of food, clothing, or whatever the moment holds in store. People that are more spontaneous can even venture off on cross-country trips to visit landmarks and other locations in an instant. Automobiles provide retail outlets with essential goods that consumers need to make it through the rat race that is called life, while taxis, limos, and other driving services allow them to get from one destination to the next. Most folks feel comfortable and safe when they get behind a car's steering wheel. They do not expect an accident to occur, nor do they intend for one to happen. However, these incidents are always a possibility, but whenever an automotive recall is part of the equation, the risks of becoming involved in a wreck significantly increases.

Have you been involved in an automotive accident, and do you believe the negligent act of a manufacturer is to blame? If you answered yes, and live in Punta Gorda, or a surrounding city, our car... ...read full post

There May Be Bigger Accidents In The Future With Mega Trucks

There May Be Bigger Accidents In The Future With Mega TrucksOne of the things that we stress here when it comes to vehicular accidents is that in any confrontation with a truck, the truck will always win. It doesn’t matter if you’re on a bicycle, a motorcycle, a car, or even an SUV, you will lose in an impact with a large, commercial, freight hauling truck, and that is for one simple reason; physics. Regardless of the speed that you are traveling at, a truck simply has more mass, and that means the impact of anything lighter is going to be affected far more than the truck.

This is very important to understand, because trucks, as big as they are, may be about to get even bigger thanks to research and feasibility studies being done to allow “Mega Trucks” on American highways.

Bigger & Heavier

It shouldn’t be any surprise to anyone that that term mega truck doesn’t actually need all that much explanation. It really is exactly what it sounds like; an even bigger version of the commercial trucks we already see on the road. However, to qualify for mega truck status, the... ...read full post

Motorcyclists Must Ride Defensively

Motorcyclists Must Ride DefensivelyFlorida is one of the more ideally located states in the country when it comes to weather. A combination of being one of the southernmost states and having incredible access to the ocean makes our part of the USA one of the most inviting. all year round. We have tropical weather, and some of the most scenic landscape in the country, as well as great attractions and bustling urban centers.

However, for motorcyclist, Florida presents a double-edged sword. That warm, year-round weather means that motorcyclists here never have to put their vehicles away for part of the year. But this also means that there are many cars on the road at all times of the year, and this constantly puts motorcyclists at risk.

More Exposure Means More Vulnerability

The sad truth is, even though the motorcyclists choose to ride these vehicles for recreational purposes, to feel more “in synch” with the environment, and not feel separated from it, by the passenger cabin of a car, this increases the danger to motorcyclists. Not only are motorcyclists more vulnerable to actual physical damage, due to a lack of seatbelts, air bags or other... ...read full post

Alarming Facts About Distracted Driving

Alarming Facts About Distracted DrivingAsk most people what the biggest risk on roads are - what the one action that can be taken which will put people at risk is - and a majority of people will likely respond with drunk driving. There's a good reason for that - over the last few decades, drunk drivers have caused millions of accidents and millions of fatalities.

But these days, there's another risk that is every bit as dangerous as drunk driving and in some cases even riskier due to its prevalence. That risk? Distracted driving. As mobile phones, mp3 players, and even dashboard 'smart centers' that handle things like GPS have become more and more commonplace, the number of people who use those devices while driving has skyrocketed. And along with those climbing numbers is a steady increase in accidents and injuries related to them.

It surprises some people to learn that just answer a phone call while driving can be just as dangerous as drunk driving, but if you take a few minutes to look at some of the statistics you'll see that it's a very real risk. Just consider the... ...read full post

Does Weather Impact Auto Accident Claims?

Does Weather Impact Auto Accident Claims? Being involved in an accident of any kind is something that can change your life dramatically. And among the different types of accidents that you can face, an auto accident is certainly one that carries a high risk of serious injury or even death.

Obviously, a lot of different factors can impact whether or not an accident occurs. Everything from speeding to texting to just pure bad luck could lead to an accident. But what about bad weather? From hurricanes to heavy rains, high winds to storm damage, there are plenty of different weather-related variables that can contribute to an accident.

One thing that can be confusing when you're involved in an accident of any kind is where the fault lies. This is especially true when your accident was caused by the reckless or negligent actions of others. In these cases, you could be able to seek financial compensation through an auto accident personal injury claim. And in certain situations, weather could play a role in everything from who is to blame to what kind of steps you can take to show that you're... ...read full post

Drowsy Driving Is Real But Challenging

Drowsy Driving Is Real But ChallengingIn the case of the majority of traffic accidents caused by human error, the cause is usually pretty easy to legally determine and prove, even when a person seeking to avoid restitution or fault is lying to try to avoid fault. Drunk driving, for example, is very easy to prove in the aftermath. A simple breathalyzer test administered by a police officer can quickly determine that a person claiming sobriety is lying or telling the truth. This is also the case if a person is under the influence of drugs, though in this instance a blood or urine test is usually required.

Even with something like distracted driving, there is often evidence of the driver not paying attention to the road. Social media usage can be tracked, photos and videos may be left on the phone of events in the moments before the accident occurred. Even when drivers take steps to delete incriminating photos, videos or instruct friends to delete text messages, that traces of this evidence erasure can be detected by forensic computer technology.

But there is one accident cause this more difficult to pin down, especially... ...read full post

There’s A New King In Car Accident Causes

There’s A New King In Car Accident CausesFor decades traffic accident have been just another part of life that some of us have to face as drivers. It wasn’t always that way, of course. The very first traffic accident fatality took place in 1896, and at that time, the coroner overseeing the accident wrote, “This must never happen again,” naively believing this would be an isolated incident.

Unfortunately, millions of deaths later, that coroner has been proven spectacularly wrong. Perhaps even more worrying, despite all the advances in road construction, car construction, car safety, and driver education, car accidents within the United State are still on the rise. In fact, by the conclusion of 2016, that year had proven to have a higher traffic accident rate nationwide than in the previous nine years. So how, with all of these improvements in knowledge, experience, technology and manufacturing can traffic accidents still be on the increase?

The answer is human error, and, at least in Florida, there’s not much that even the police can do about it.

Speeding

In the past, there have been different causes for car accidents that were the leaders in both injuries and... ...read full post

Who Is At Fault For Your Auto Accident?

Who Is At Fault For Your Auto Accident? Florida roads are busy. With the third largest population in the country and millions of visitors annually, there's always someone on the road here. And with so many people traveling, accidents are bound to happen.

When they do, you hopefully won't be seriously injured. But if something occurs and you do find that you're seriously injured, it's important to take the steps needed to make a total recovery. Your physical and mental health is obviously the main things to focus on, but what about your finances?

An auto accident can lead to serious financial burden, making it difficult to fully recover. High medical costs, lost wages due to dime away from work, and more can all play a role in your life after an accident. And in these situations, seeking financial compensation is something that you'll need to consider doing.

But who do you seek financial compensation from? It seems like a fairly obvious question, but it's not always so simple. In fact, in a Florida auto accident case, there could be more parties responsible than you realize. Your auto accident lawyer can... ...read full post

Gun Ownership Is Constitutionally Protected. Gun Carelessness Is Not

Gun Ownership Is Constitutionally Protected. Gun Carelessness Is NotOne of the things that make the USA such a unique and blessed country is that it is written right into our Constitution that every citizen has the right to bear arms. This means that whether an American wants to go hunting, or simply wants the security of knowing that a family has maximum protection in the home, a firearm is available to be used. In Florida, residents are even allowed to carry their guns on their person, concealed, provided that they have sought legal permission do to so.

However, with any great power comes great responsibility. When an American chooses to purchase and keep or carry a firearm, this means that the weapon must be respected, and all laws regarding the use must be obeyed. There are many reasons for this, and while the misuse or careless use of a gun is against the law, perhaps more important is that the improper use of a gun can lead to injury or even death. And if that happens, the law holds the owner of the gun legally responsible for the consequences that come after.

A... ...read full post

A Dash Camera Is An Important Piece Of Evidence

A Dash Camera Is An Important Piece Of EvidenceIf you ever find yourself in a serious automobile accident where there are major injuries and the responsibility for the mishap is on the other driver, you will want justice. Why should you or your medical insurance company have to pay for the medical treatment of yourself or your friends and/or loved ones in the vehicle if someone else was to blame? That’s not fair, and if it’s not fair, you should make sure you get the proper legal outcome, with a car crash lawyer that is specialized in helping people resolve their auto accident cases.

However, because this is a legal case that goes to trial in court, this doesn’t mean that you can rest easy, secure in the knowledge that there’s a 100% chance the outcome will be in your favor. A trial means a jury, and a jury means you and your car crash lawyer have to prove your case, make sound arguments, and provide convincing evidence that you are owed compensation for an accident that you did not cause. If you can’t do these things, a jury has no... ...read full post

A Truck Accident Is Not Like A Car Accident

A Truck Accident Is Not Like A Car AccidentWe have experienced car crash lawyers that can help our clients when they get involved in accidents, but we’d like to point that while all car accidents will usually involve an impact with something at some point in the accident, that’s where similarities end with other accidents. There’s a huge difference between car accidents and truck accidents and that is why when you talk to a car crash lawyer at our firm, you’ll be able to deal with someone that specializes in trucking accidents. Here’s why.

Physics Is Not In Your Favor

A typical automobile will weigh about 3000 lbs. Depending on the type of cargo a large truck is hauling, it may weigh up to 80,000. In a collision between these two vehicles moving at the same speed, the sheer mass, and energy of a truck in motion is going to win in a confrontation between these two vehicles every single time.

This means that, tragically, in a car versus truck confrontation, even for people that are seat-belted and have protection from airbags, there is still a much higher chance of severe injury for... ...read full post

Technology And Auto Accidents

Technology And Auto AccidentsTechnology is such a huge part of our everyday lives that it's hard to remember a time when it wasn't. From the smartphone in everyone's pockets to dashboard integrated GPS systems to streaming video and conference calls, technology is everywhere.

And while it impacts the way we work, play, entertain ourselves, and communicate, technology also has a huge role in how we travel. Not only can it improve our overall safety while on the roads, but it could help show what happened leading up to an accident or prevent one from occurring. However, it can also cause an accident or make it harder for those involved in one to get the help they need following an incident on Florida's roads.

It's important to take a closer look at some of the different ways that technology can play a role in auto accidents and auto accident personal injury cases. Some of these ways may be obvious, but some could surprise you.

A Common Cause Of Accidents

One of the chief ways that auto accidents are caused today is because of technology. Specifically, devices like smart phones, tablets, and portable... ...read full post

Driver Negligence Played A Role In Self-Driving Car Accident

Driver Negligence Played A Role In Self-Driving Car AccidentIn May of 2016, near Gainesville, Florida, Joshua Brown had the misfortune to become involved in the world’s first self-driving car accident that resulted in a loss of life. At the time of the accident, all that was known for sure was that his car impacted with the trailer of a truck that had pulled across lanes at an intersection.

One of the reasons this accident occurred was because the Tesla car’s self-driving systems relied entirely on cameras, not more advanced detection systems such as radar or laser-based guidance systems known as lidar. The result was that on an overcast day where the sky was predominantly white, the car’s camera systems failed to distinguish the difference between the white sky and the white truck that was changing lanes. Joshua’s car collided with the truck as a result of this technical problem.

What has now come to light after the investigation was concluded is that this may not have entirely been the fault of the car and its systems. Joshua Brown ignored what his car was trying to tell him.

Cautions & Warnings

Unlike normal cars, which don’t... ...read full post

Fault In A Florida Auto Accident

Fault In A Florida Auto Accident Florida roads are among the busiest in the nation. Between the more than 20 million who call the state home and the millions more who visit each year, traffic accidents here are unavoidable. And when they do occur, recovering is something that can take an extended period of time to accomplish.

This is especially true when an accident occurs that leaves you struggling financially as well as physically. But if the accident wasn't your fault, you shouldn't have to shoulder that financial burden on your own. And if you can show that the other party was to blame, you likely won't' have to.

Under Florida law, if you can prove that another party caused your accident, you will be entitled to financial compensation that should cover the medical bills, property damage, lost wages, and other financial damages that an accident can trigger. But the first step is simply understanding what fault means in a Florida auto accident, and why a personal injury lawyer is a must when you begin trying to show that you deserve compensation.

Fault 101

When it comes to Florida auto accidents,... ...read full post

What To Do After An Auto Accident

What To Do After An Auto Accident Florida's roads are busy. Between the millions who call the state home and the millions more who visit on a daily basis, there are a lot of vehicles moving from place to place. That increased number of vehicles means that the risk of being involved in an accident is increased as well.

If you're involved in an accident in Florida and are injured, it's important to remember that you do have rights. Being injured can lead to serious problems in your life, and it's vital that you take the right steps following any accident to help yourself get the recovery that you deserve.

There are a few steps that you'll need to keep in mind following an accident. These include the following.

Take Photos

If you're seriously injured this obviously won't be an option, and your health and safety should always come first. But if your injuries seem to be minor or if you have someone close by who can, getting some photos of the accident scene is worth doing. It can help an accident attorney show that you weren't at fault for the accident.... ...read full post

Fleeing The Scene Is Not The Answer

Fleeing The Scene Is Not The AnswerIn an ideal world, when mistakes are made, such as two drivers getting into an accident, or, worse yet, one driver hitting a cyclist or pedestrian, things would get resolved quickly. The person responsible for the accident, having accepted his or her role in the incident, would obey the law, provide identification, and remain at the scene until the police arrived and due process takes place with assessing the exact events. A subsequent legal case will be required for something like negligence, personal injury, or, for more severe situations, drunk driving and/or vehicular manslaughter if deaths are involved.

Unfortunately, some people, because they know they are responsible for a serious injury, do not want to deal with the consequences of that action. They may decide that they can’t be punished if they aren’t present to deal with the police and so choose to leave instead.

This is known as a “hit and run,” or, more formally, fleeing the scene. And while it was much easier in the past to simply do this and not face any consequences, 21st century forensics, investigative techniques and surveillance technology have... ...read full post

Things To Do Immediately After Being Involved In Car Crash

Things To Do Immediately After Being Involved In Car CrashBeing involved in a car crash can leave you feeling disoriented and alone. It is a confusing time and if you have sustained injuries, that only adds to these feelings of desperation. For drivers that have never experienced this situation first hand, this list of things to do immediately after a car crash can help you through the process.

The health and safety of you and any other passengers, or drivers involved should always be the top concern of everyone. Vehicles are only material items that can be replaced, but life is irreplaceable. Attempt to make contact with other passengers in your vehicle, if any are present. Having them sound off one by one, is an effective method to make sure that everyone is conscious. Once this is done, you can proceed with other matters.

Do These Things If You Are Involved In A Car Crash

Regardless of who is at fault, it is always important to remain calm. Being flustered goes along with the territory, but treating other drivers with courtesy and respect can go a long way. Yes, your vehicle does have... ...read full post

Text While Driving May Get Even Tougher

Text While Driving May Get Even TougherIt’s a sad truth of the 21st century that “distracted driving,” that is, the act of driving while engaging in some other activity, is one of the leading causes of traffic accidents in the country. In fact, because distracted driving actually incurs far less legal punishment than drunk driving, the incidences of drunk driving have been steadily dropping with each passing year, while distracted driving related injuries and fatalities have been on the rise.

It’s now gotten to the point where distracted driving is now responsible for more injuries and deaths than drunk driving, but despite that, it wasn’t until 2013 that the most common form of distracted driving, text messaging on a phone, was even declared illegal in Florida. But that illegality comes with some conditions, and while distracted driving can still be a major factor in a personal injury case, it doesn’t help before the accident occurs, which is when it would do the most good.

Secondary Violations

As hard as it may be to believe, while it is considered illegal to text while you are driving, the police cannot do anything about it if that’s... ...read full post

Tips For Parents Of Teenage Driver

Tips For Parents Of Teenage DriverAs parents, we like to think of our teenagers as responsible young adults. How many times has that come back to bite you in the rear? Having a teenage driver in the household is a massive responsibility. It is a life changing experience for teenagers and parents alike. These tips are designed with the intentions of helping you keep your teen driver safe and to help avoid unwanted personal injury claims.

Tips To Help You Keep Your Teen Driver Safe

1. Always inspect the car. Maintenance on the vehicle that your teen drives will not take care of itself. Checking tire pressure, fluid levels, and making sure your teen keeps the inside of the car clean are necessities. It is important to give them space and a certain amount of responsibility, but leaving these responsibilities entirely up to them is a recipe for disaster. Take a few extra minutes out of your day and ensure their safety with a few minor maintenance checks.

2. Distracted driving equals reckless or careless driving. Make sure your teen understands the importance of not texting, making calls, eating, or doing any other... ...read full post

Tips To Avoid Drowsy Driving In Florida

Tips To Avoid Drowsy Driving In FloridaDrowsiness can creep up on us at the most inopportune times. Unfortunately for everyone, it can happen while driving as well. It is not only unsafe for you if you are the person driving, but it is unsafe for every Florida resident that is on the road. Personal injuries are often the result of drowsy driving but these tips can help you stay aware of your surroundings.

Avoid Drowsy Driving And Personal Injuries With These Tips

If you are going to be driving for an extended period of time, do not be afraid to stop and stretch. Fresh air and stretching your legs can often help wake you up. Getting the blood flowing throughout your body allows your brain to focus on the task at hand, which in this case is driving. The extra 5 minutes that you take to re-focus yourself could be the difference between you arriving at your destination safely, or a costly accident.
The radio can be a distraction at times but if you feel yourself becoming sleepy, turn the radio up. Sometimes just breaking the silence, and getting you away from your own... ...read full post

Legal Liabilities And Questions For Hit And Run Accidents

Legal Liabilities And Questions For Hit And Run Accidents An accident can go from bad to terrible in seconds if you are hit and then the vehicle at fault flees the scene. That is the definition of a hit and run. This can leave the victim puzzled, worried and alone. If you are the victimized party in the situation it is important to get as much information as possible about the vehicle that caused the collision. License plate, make and model and color of the vehicle will help when circumstances lead to police involvement. It is an unfortunate possibility but it has happened that someone gets away with a hit and run due to lack of information. There are some intricacies of hit and run scenarios and laws that you should keep in mind before and after an accident.

What Constitutes A Hit And Run

It is a Florida state law that anyone involved in an accident stop their vehicle as soon as it is safe to do so. Pulling over into a safe space is not considered running. A hit and run is legally defined as felling an accident... ...read full post

Millenials Are The Most Dangerous Florida Drivers

Millenials Are The Most Dangerous Florida Drivers Unfortunately, this is not a joke or some way to poke fun at the generational stereotypes. While looking into traffic safety in the state of Florida, Southwest Florida in particular, there is statistical evidence that the generation with the most dangerous track record is the millennial generation. Maybe the reasons are similar to what you have heard about the group, regardless there are little things that can be done to help keep our roads safer, no matter the driver.

What Is A Millennial And Why Are They Florida's Most Dangerous?

The millennial generation spans from ages 19-35 but narrowing the field to find more specific issues, a nationwide survey from the AAA keyed in on the 19-24 portion of the group as 88% of them reported to participate in unsafe behavior behind the wheel. The survey asked specifically about texting and driving, speeding and running red lights. The next closest age group was the 25-39 range, only reporting 79%. Every age group had over 50% reporting they participated in these dangerous behaviors behind the wheel and the specifics on the millennial group... ...read full post

4 Reasons Florida's Arrive Alive Campaign Will Help You

4 Reasons Florida's Arrive Alive Campaign Will Help You Just earlier this year the Florida Highway Patrol launched a campaign called Arrive Alive, a program to help reduce highway fatalities in the state. Stemming from data regarding the increasing number of motor way fatalities in the state, the initiative combines the powers and influences of state law enforcement, multiple highway safety departments and engineering groups, together they have created the initiative for keeping Florida drivers safe and therefore our jobs as injury lawyers a little less easier. The collaboration of the various entities involved in the program make its ability to benefit the people ten-fold for many reasons.

1. Law Enforcement Presence

Although it is typically not seen in a good light to need to speak or deal with law enforcement, at the base of the industry they are there to protect and serve. Within the Arrive Alive Campaign the law enforcement plays a specific role in making this program beneficial for Florida drivers. The initiative calls for a higher law enforcement presence on open highways and areas that frequently see fatalities. It may seem like law enforcement... ...read full post

What You Should Know About Airbag Safety

What You Should Know About Airbag SafetyCar technology has come a long way. GPS systems make it easier than ever to find our destination quickly. Bluetooth allows you to talk to family and friends without ever having to take your hands off the wheel. Backseat DVD players keep children entertained and quiet through long car rides.

Not only has technology made the drive easier, but it has also made it incredibly safe too. Seat belts and air bags have saved millions of lives.

Air bags save lives, but they can be dangerous too.

When regarding the deployment of your air bag during a crash, there are two things to keep in mind: (1) the air bag is only a supplemental safety device; and (2) you need to take safety precautions in order to minimize the risk of your air bag actually causing injury when deployed.

In every vehicle, the primary restraint system are the lap and shoulder belts. These are one of the most important safety features of your car and it is likely that other features cannot work properly if you aren’t wearing yours. In short, your air bags won’t help much in... ...read full post

The Dangers Of Eating Behind The Wheel

The Dangers Of Eating Behind The WheelDistracted driving can take several different forms including texting, applying makeup, changing music or even daydreaming. While there are no laws prohibiting eating and driving, that doesn’t make it any less dangerous. There are three common kinds of distractions that impair a driver’s ability to safely operate their vehicle and avoid crashes:

Visual distractions happen when the driver’s eyes are diverted away from the road in order to compete or pay attention to another task, such as checking on children sitting in the backseat.
Manual distractions are those that require the driver to take their hands off of the wheel, such as typing information into a GPS or texting.
Cognitive distractions are what take the driver’s mind and focus away from driving, such as listening to music or talking to someone else in the vehicle.

Each of these types of distractions are dangerous all on their own, but when combined they can pose an even greater risk to driver passenger, and pedestrian safety. Unfortunately, eating while driving does just that. From having to unwrap food packaging to holding the food with at least one hand to applying condiments, eating... ...read full post

What You Should Know About Liability Law And Loaning Your Car

What You Should Know About Liability Law and Loaning Your CarAs the owner of your car, you may find yourself at fault even when you weren’t the one driving. This is known as vicarious liability. In other words, as the owner of the car, you are responsible for any wrongdoing of another person while they are driving your vehicle.

With this in mind, you might want to think twice about letting someone borrow your car.

Types of Accidents and the Owner’s Liability

Some fairly common circumstances of vicariously liable include:

When the owner is aware the car is defective, but allows another driver to use the vehicle regardless.
When the owner is aware that the driver is reckless or unlicensed, but allows them to drive anyway.
When an employer requires an employee to use a car for a business reason.

Employment

When the owner of the car is also an employer, than they can be held liable for their employee’s negligence in causing an auto accident if:

The employee had been driving the owner’s car while doing something related to their job
The employee was unlicensed, reckless, or incompetent

In addition, it needs to be shown that the driver was an... ...read full post

With The Wild Weather, What You Need To Know About Flooding

With The Wild Weather, What You Need To Know About Flooding Melting snow, unusual rain patterns following months of drought, bad luck, there are many reasons you can find yourself underwater after a flood environment. Many times these unfortunate circumstances are created from uncontrollable inconveniences. It is hard to anticipate and prepare for severe weather or other natural disasters. Florida is right in the danger zone for hurricanes and that severe weather pattern tends to leave a trail of devastation, almost always including flooding. There are some steps to take to guarantee your home will be restored and there will be compensation for you and your family if possible.

What To Do Right After A Flood

Homeowner's insurance is an underappreciated lifesaver in situations like property damage. Including renter's insurance this is how you cover damages to your property or lost or stolen items. When your circumstances couldn't get any worse, don't let them, be insured. You should call your insurance agent to file a claim as soon as you can. If it is a natural phenomenon that has caused the flooding and damages they will be busy fielding calls.... ...read full post

Victims Of Drunk Driving Are Entitled To Adequate Compensation

Victims Of Drunk Driving Are Entitled To Adequate Compensation  It's the scariest thing we hear about on the roadway. Something that is out of your control because someone else decided to get behind the wheel when they were intoxicated and that could destroy your life in a flash. If you have been injured by a drunk driver there needs to be legal justice for you and your family. It is more than just covering your medical bills and car damages, an experience like this can change you forever. According to the CDC Florida does carry a higher rate of death by age than the national average. As vigilant as we Floridians can be there is still little we can do if someone decides to make this mistake and gets behind the wheel. There are steps that you can and should be taking if this happens to you or a loved one.

After A Drunk Driving Accident

If you have been hit by a driver you suspect is drunk you should call the police immediately. It is very difficult to prove the accident involved alcohol without being able to... ...read full post

If You Feel Ostracized You May Have A Discrimination Lawsuit

If You Feel Ostracized You May Have A Discrimination LawsuitWe do not live in a perfect world. It frequently feels like it is as far from perfect as it can get. That does not mean that you do not deserve justice when you are being discriminated against. Discrimination lawsuits can get sticky for everyone but that doesn't mean they should be taken on with strength in southwest Florida. Florida walks in the shadows of its current reputation when it comes to discrimination. If you are being discriminated against in a business, workplace, government facility or educational institution we hope you find some peace knowing there are people willing to help you and fight for you.

What Is A Discrimination Lawsuit?

A discrimination lawsuit comes out a scenario where the treatment and often times decision making regarding a person is based on a group, class or other way of categorizing a person. These effects could be in favor of or in opposition to the party at hand. We see and hear of many of these cases coming in the workplace based on an employer's discriminatory actions toward employees.

There are... ...read full post

4 Important Things To Know About Medical Marijuana In Florida

4 Important Things To Know About Medical Marijuana In Florida Some of us Floridians felt a sigh of relief in November when medical marijuana passed in our state. Others may not feel as comfortable with the new law. As marijuana has become a more widely accepted and at least acknowledged practice across the country, in both recreational and medical forms, this means legislature is having to change its shape and therefore we as citizens should be aware of those changes. Marijuana laws in Florida remain strict regarding the recreational use, so don't get to confused about what you are able to do without the chance of repercussion. There are some simple yet important things to know about medical marijuana in Florida and how it affects you.

You Will Need A Doctor's Approval For Marijuana

You would think that would be implied in term medical but some people are still confused by this. You must make a specific appointment with a physician and after being evaluated they have to feel strongly enough that marijuana would help whatever your condition may be to approve it. Then you must get your 'green card'... ...read full post

How To Collect Evidence After An Accident

How To Collect Evidence After An AccidentA car or motorcycle can be an extremely traumatic experience for anybody, Your initial reaction will most likely be one of shock, as many people claim to see their lives flashing before their eyes. However, if you believe that you have been wrongly accused of causing the accident, or have suffered severe and life-changing injuries, then you must remove yourself from shock, and look to collect evidence in order to improve your case.

Whether the accident was minor or extremely serious, collecting evidence for yourself is extremely critical. Doing so will greatly help your chances when it comes to appearing in court. You will ensure that you will get the damages that you deserve from your insurance company or from your personal injury lawsuit. As personal injury lawyers, we want to make sure that you understand what is possible when collecting evidence, and how to go about it in an effective way.

Keeping Those Medical Records And Police Reports Handy!

First off, if you were severely injured in your accident, then looking for evidence will prove to be... ...read full post

Distracted Driving: Using Your GPS

Distracted Driving: Using Your GPSThe age of technology has given us a lot over the years from the internet to smartphones. Not to mention all the advancements that have made driving safer including GPS devices. They are simple to use, provides accurate directions, and helps to get you where you are going in the quickest route possible. Unfortunately, they can also make driving more dangerous when used incorrectly.

When it comes to driving, nothing is more dangerous than getting distracted behind the wheel. In fact, distracted driving is the number one cause of accidents in the United States. That is why you need to be extra cautious when using your GPS.

In order to keep safe on the road, here are a few GPS tips you should keep in mind.

Learn How To Use Your GPS Before You Are On The Road

Once you have purchased your first GPS, you should take the time to read the instructions and learn how to operate it properly. While GPS devices are typically rather easy to use, it can still be confusing at first. This can create a lot of distraction when you are behind the wheel.... ...read full post

Driving While Drugged: The Effects Of Driving While Under The Influence

Driving While Drugged: The Effects Of Driving While Under The InfluenceWe all know the dangers of driving while under the influence of alcohol. When we all attended drivers ed, we had to watch extremely heartbreaking and depressing videos highlighting all of the alarming statistics related to automobile deaths and its relation to alcohol. However, some people fail to realize that other substances have also attributed to many automobile deaths around the state of Florida and the rest of United States.

The month of December is National Drunk and Drugged Driving Awareness Month. Because of this, we believe that it is our duty as personal injury and car crash lawyers to inform you about some of the alarming statistics associated with driving while under the influence of drugs.

The Rise Of Drugged Driving

According to the National Highway Safety And Traffic Association (NHTSA), driving while under the influence of drugs is rising in numbers. While drunk driving may still present greater threats on the road, the use of prescription drugs and other substances has begun to cause more and more accidents every year. In the... ...read full post

Stay Safe On The Road This November

Stay Safe On The Road This NovemberBetween all the snowbirds who come to Florida every fall to get away from the freezing cold, all the vacationers looking to get a taste of sunshine and a warm, salty breeze to go with it, and all the family members visiting their Floridian relatives for Thanksgiving and the rest of the holidays, our state’s lengthy highways can get very crowded throughout late fall and winter. More cars on the roads means more accidents are likely, so remember to stay safe and stay alert when you’re out on the road.

Take Regular Breaks

AAA recommends that drivers make a pit stop after every two hours on the road to stretch their legs and clear their heads. You may or may not find this practical depending on your driving schedule and your path, but you should definitely avoid driving more than four hours straight. Fortunately, it’s easy enough to find an excuse to stop at least that often, since you should also be stopping for gas, lunch, and dinner instead of eating on the go.

Breathe Deep And Stay Calm

Heavy traffic is nobody’s idea of a... ...read full post

5 Things You Have To Do After Any Accident

5 Things You Have To Do After Any AccidentSo something terrible has happened: your car has collided with another car, or a coworker has encountered the wrong end of a piece of heavy equipment, or a construction vehicle has dropped something into the middle of the road. Whatever the circumstances of an accident are, there are a few things you should always remember to do.

1. Find Out Whether Everyone Is Okay

Your first priority should always be the health and safety of everyone involved. If you’re in good enough shape to move around, then you should check to see how everyone else involved in the accident is doing and call emergency services. If you’re trained in first aid and you’re confident in your training, you should put your knowledge to good use, although you should also remember to never move a person who isn’t responding since he or she might have a neck injury.

2. Preserve The Scene

If the accident is serious enough to call in the police, you should avoid touching or moving anything you don’t have to move to make sure that everyone is safe. At best, you’re... ...read full post

How Do You Prove That Your Back Was Injured In A Car Crash?

How Do You Prove That Your Back Was Injured In A Car Crash?If you have been involved in a car crash, sometimes you won’t know the extent of your injuries until much later. You might think that you are ok because of the adrenaline that is running through your system at the time. Proving that your injury actually happened during the crash can be difficult, especially if you have no proof. Going back a few days after the accident for treatment leaves an opening in your timeline where the court could argue that the injury occurred somewhere else. Taking steps right away can save you from trying to prove it later on down the road.

Get Treatment

The first step in proving that you sustained an injury is by going for treatment. You may feel fine right after a car crash, but in reality, it takes your body a couple of days to catch up. Go for treatment right away to make sure that you get ahead of the injury before it leaves you in some serious pain. Doctors can take scans and x-rays to see what is going on inside of... ...read full post

Tips To Prevent Teenage Car Accidents

Tips To Prevent Teenage Car AccidentsTeenage drivers are still new to the road. They don’t have the experience that older drivers have to know what to expect in certain situations. Books and driver’s education classes can only prepare them for certain situations. Not knowing what to do can leave choices up to an inexperienced driver, which can sometimes lead to the wrong choice. So how can you prepare them for the responsibility of being out on the road?

Go Slower

Teens are most likely to push the limits when it comes to speed. 52% of fatal crashes that involve teenagers happened because the driver was going too fast. Teaching your teen the proper speed for driving is one way to keep them safe on the road. Teach them to prepare to leave for their destination a few minutes early, ensuring that they won’t have to speed wherever they go. Teach them the three second rule for following behind other cars. Maintaining distance will give them an extra chance to stop safely if a situation does arise. Giving them the skills and the common sense to drive safely now will help them become... ...read full post

What To Do After An Accident With An Uninsured Driver

What To Do After An Accident With An Uninsured DriverGetting into a car accident is a stressful situation. There is the potential for injuries, property damage and even emotional damage. You can lose work and have to go to the hospital. Normally, there is insurance on both sides to pick up the bills. But what happens when you get into an accident with an unlicensed driver? Let’s take a look at some of the repercussions.

Uninsured Motorist Coverage

Go check your insurance policy right now and make sure that you have uninsured motorist coverage. Without it, you may not be able to get any amount of coverage if you are involved in an accident with an uninsured driver. If the other driver is not insured at all, you can only reap the benefits of the amount of Uninsured Motorist Coverage that you carry in your policy. Make sure that it will cover your car, and a decent amount of medical bills relating to an accident. Talking with your insurance agent will give you a good idea of how much coverage you should carry. They can take a look at the numbers... ...read full post

In A Negligence Related Auto Accident, Phones Are Critical Evidence

In A Negligence Related Auto Accident, Phones Are Critical EvidenceIf you are ever unfortunate enough to get involved in an automobile accident and you know that you are not at fault, you have legal options. Negligence while driving is, unfortunately, a common act on our roadways, and drivers have failed to drive responsibly in numerous ways. While drunk driving is still one of the most tragic and severely punished of negligent driving offenses, there’s a new contender that’s rising up in the ranks as one of the most common—and serious—causes of auto accidents. Distracted driving—usually as a result of paying more attention to a smartphone than the driving environment—is causing more and more accidents across America every single day.

But fortunately for you, the very nature of distracted driving means that in a case of negligence you and the person that caused the accident may both have in your hands the keys to your winning a negligence case, and that is your phones.

Evidence Collector

Your phone can take pictures, videos and even record audio. All of this means that you have a tool right at your disposal to collect evidence at an... ...read full post

How Is Fault Determined For A Rear-End Collision?

How Is Fault Determined For A Rear-End Collision?Typically rear-end collisions are the result of a tailgating or not leaving adequate stopping space behind a car. So if you rear-end another vehicle, it’s always assumed it is your fault. However, there are certain circumstances in rear-end collisions when it may actually be the fault of the other driver. So before you assume that you are at-fault for a rear-end accident, you may want to consider consulting with an attorney to make sure you aren’t being unfairly blamed.

Negligence In Car Accidents

Fault is determined by negligence, not by the type of accident. In a rear-end collision there are several cases where the other driver may be at fault for the accident including:

Any kind of distracted driving including texting, eating, or talking on the phone
Driving while drunk or intoxicated
Failing to pay attention to the road or posted road signs
Speeding
Not stopping within a reasonable time frame
Failing to signal intent
Losing control of the vehicle
Not yielding the right of way
Suddenly reversing their vehicle
The vehicle does not have functional brake lights
Aggressive driving or road rage

In these... ...read full post

Car Safety Tips For Driving Young Children

Car Safety Tips For Driving Young ChildrenAs parents we constantly worried about the safety of our children. This is especially true when we are driving with them. With over 276,000 vehicle accidents in Florida every year, it can be very nerve-racking to take your children in a vehicle. However you can protect your children in the case of an accident if you follow some basic safety tips. At All Injuries Law Firm, we understand the importance of keeping your children safe from injury, so we’ve put together a list of safety tips by age to make sure that if there ever is an accident your children a protected.

Car Safety Tips For Infants

Transporting infants requires more safety procedures than older children. Here are some tips to keep your infant safe while you are out on the road:

Buy a high quality, car safety seat. Consumer Reports has a great guide on how to pick the perfect car seat for your infant on their website: http://www.consumerreports.org/cro/car-seats/buying-guide.htm
Make sure your child’s safety seat is properly installed in your vehicle. ... ...read full post

Worker’s Compensation For Truck Drivers

Worker’s Compensation For Truck DriversTruck driving is the most dangerous job in America. Not only does the trucking industry account for 12% of all workplace fatalities, it also has more non-fatal injuries than any other occupation. Trucks are massive, typically weighing over 10,000 lbs, so there is a lot of potential for injury. They are also on the open road for hours at a time, which leaves them constantly exposed to accidents. If you are a truck driver, it is very likely that you may have to file a worker’s compensation claim at some point in your career. So it is important to understand how worker’s compensation works for truck drivers.

Common Truck Driver Injuries

Around 500,000 truck accidents happen every year in America. Add to that the risks of truck maintenance and loading and unloading and there are typically 60,000 worker’s compensation claims made every year in the trucking industry. There are a variety of injuries reported, the most common are:

Strains and sprains
Bruises
Fractures
Cuts and lacerations
Soreness and pain
Multiple traumatic injuries

These injuries usually occur as a result of:

Vehicle accidents
Overexertion
Repetitive stress
Being... ...read full post

What Happens If You Are Hit By An Uninsured Driver

What Happens If You Are Hit By An Uninsured DriverGetting into a car accident is extremely stressful. Between the property damage, the injuries, and battling the insurance companies, it can be a really nightmare to get your life back on track. This is only further complicated when you find out that the other driver does not have insurance. If you’ve been hit by an uninsured driver it can be a huge challenge to receive fair compensation for your damages, which can be especially overwhelming if you are suffering from an injury. So what happens if you’ve been hit by an uninsured driver? What are your options to pursue compensation?

After The Accident

No matter if a driver has insurance or not, you still need to follow basic accident protocol to ensure you are protected. First, you need to call emergency services, especially if there have been any injuries, even for the smallest injuries. These can become long term health problems if not taken care of right away. Plus, if you seek medical treatment immediately... ...read full post

What To Do If You’ve Witnessed An Auto Accident

What To Do If You’ve Witnessed An Auto AccidentWitnessing an accident can be a scary experience, especially if someone has been injured. However, witnesses are crucial to ensuring that the victims of the accident are protected, so it is important to know what to do. Whether you’ve witnessed an accident as another driver or a pedestrian, here are the steps you should take:

Stay Calm

Between the suddenness, the loud noises, and the injuries, an accident can be a truly scary experience. You may want to panic, but it is very important you stay calm. In cases where people have been seriously injured, you may be the only person who can help. So if you see an accident, take deep breaths and just stay focused on what you need to do to help.

Move Out Of The Way

If you are in a vehicle or a pedestrian, you need to move out of the way of the accident so you are safe. Accidents can lead to pile ups or cause other drivers to react erratically, so you need to get out... ...read full post

The Best Crash Avoidance Technologies

The Best Crash Avoidance TechnologiesNew crash avoidance technologies have allowed manufacturers to make cars safer than ever. Crash avoidance technologies have already saved countless lives and reduced injury in even the worst auto accidents. So we’ve put together a comprehensive list of the best crash avoidance technologies to look for in a vehicle. That way, if you are ever in an accident, you are protected. So if you are thinking about buying a new or used car, consider getting one with these modern safety features.

Forward Collision Avoidance

Forward collision avoidance systems predict when a head-on collision is imminent. Using either a radar system or a combination of lasers and cameras, forward collision avoidance recognizes when a driver is about to have a head on impact and will either warn the driver or automatically brake and steer the wheel to avoid the crash. Since its introduction to the market, vehicles equipped with forward collision avoidance have seen a 10-14% reduction in accidents depending on model.

Adaptive Headlights

Adaptive headlights use a combination of steering unit, yaw, and wheel speed sensors... ...read full post

9 Tips For Safe Boating

9 Tips For Safe BoatingWith the summer season finally here, many Florida residents are excited to hop on their boat and enjoy themselves. However, even an experienced boater can make mistakes. That is why it is always good and important to keep up with the latest safety rules and tips so you can better enjoy your boating experience this summer.

1. Be Aware Of The Weather Outside

You should always check the local weather before heading out on the boat. If you notice any darkening cloud, volatile and rough changing winds or a sudden drop in temperature, you should play it safe and get out of the water.

2. Follow A Pre-Departure Checklist

You need to be prepared for anything that might happen on the water. Having a pre-departure checklist is a great way to be sure that nothing important has been overlooked or forgotten.

3. Use Your Common Sense

One of the most important parts of boat safety is to simply use your common sense while on the water. This means always operating the boat at a safe speed, staying alert and aware of your surroundings, and steering clear of any... ...read full post

What To Do When You’ve Been Hit By An Uninsured Driver

What To Do When You’ve Been Hit By An Uninsured DriverFlorida has the fifth highest rate of uninsured drivers in the United States. It is estimated that 23% of all Florida drivers do not carry car insurance. So what happens when you are hit by one of these drivers? How are you protected when they don’t have insurance? We’ve put together a guide of what to do if you’ve been hit by an uninsured motorist so that you, your family, and your assets are protected.

Why Are There So Many Uninsured Drivers?

Usually uninsured drivers are people who cannot afford insurance or do not believe they should be forced to carry insurance. Many times people will only buy car insurance for just long enough to register their car while other people will try to skirt the law by buying a policy for six months or a year, but cancel before making payments to have false proof of insurance. Other times they are drivers with no license, whether their license has been suspended or they are not... ...read full post

How To Use Your Smartphone To Protect You After An Accident

How To Use Your Smartphone To Protect You After An AccidentThe worst has happened and you’ve been in a car wreck. Luckily, you have the best tool available to help protect you, your passengers, and your assets right in your pocket. Your smartphone is a great tool to use after an accident to document and report the accident. Here is how to use your smartphone when you’ve been in an accident.

Report The Accident

The first way a smartphone can help you after an accident is to help you immediately report the accident. First you will want to contact the police or any other first responders depending on the severity of the accident. Then you can use your phone contact your insurance company and make an immediate claim. Many insurance companies now have apps that you can download, so you can immediately fill out the claim form while the details are still fresh. Finally you can use your phone to contact any roadside assistance services to tow or move your vehicle out of the way... ...read full post

How Fault Is Determined In An Auto Accident

How Fault Is Determined In An Auto Accident When you’re involved in an automobile accident, one of the primary things that authorities will try to establish early on will be fault. Figuring out who is to blame has a major impact on what insurance company is handling the damages as well as on other aspects of the next weeks and months. But for those who are injured in accidents caused by the reckless actions of others, seeking financial compensation may be something that needs to be done.

What Is Fault?

When determining whether or not you can seek financial compensation for your injuries, the first step an attorney will take is to figure out who is at fault. Under Florida law, fault in a personal injury case refers to determining whether or not one party acted in a negligent or reckless manner.

In an auto accident, reckless or negligent behavior could mean any number of things including:

Speeding
Driving while under the influence of drugs or alcohol
Failure to use turn signals
Failure to use headlights at night
Poor maintenance of the vehicle


That last point surprises many, but it’s... ...read full post

Spring Weather And The Rise Of Drunk Driving Accidents

Spring Weather And The Rise of Drunk Driving AccidentsAs the warm weather approaches and springtime comes into full swing, it’s easier than ever to relax and enjoy everything that Florida has to offer. But one thing to remember is that thanks to the huge number of people visiting Florida to relax and vacation, drunk driving accidents steadily increase in frequency throughout the spring and summer months.

While there’s no way for the average person to actively stop people from drinking and driving, you can take steps to avoid putting yourself at risk to some degree. But if something occurs and you are involved in an accident that was caused by a drunk driver, you need to understand the steps worth taking to overcome the issue and get back on track in your life.

Showing Fault

Springtime often brings increased rates of drunk driving, and the first step towards overcoming the financial burden after an accident is simply figuring out whether or not the other person is responsible for your injuries. In terms of drunk driving, showing that they were under the influence... ...read full post

6 Myths About Concussions

6 Myths About ConcussionsConcussions are the most common type of brain injury and can be one of the most challenging to recognize. The individuals most at risk for concussions include athletes, car accident victims, and slip and fall victims. With just how difficult it can be to diagnose an actual concussion, it is no wonder that there are several myths surrounding the injury.

In order to make sure you do not fall for one of the several concussion myths, here are just a few you have probably heard and shouldn’t listen to:

MYTH 1: You Will Always Lose Consciousness When Experiencing A Concussion

While some people do lose consciousness after a blow to the head, this is not true for all individuals with concussions. Usually, the loss of consciousness says a lot more about the severity of the concussion rather than the existence of the concussion.

MYTH 2: Symptoms Appear Immediately After A Blow To The Head

Again, this will occur for some and not to others. Concussion symptoms may not show up until a day or two after the initial blow to the head. That is why it is... ...read full post

Road Rage And Your Safety

Road Rage And Your SafetyWe have all been an angry driver here or there. That time someone forgot to turn on their blinker before turning or that other time when someone cut you off. Or even that rather frightening time when someone almost hit you because they weren’t paying attention. While all those things may ‘grind your gears’, you certainly wouldn’t push it farther than a honk of the horn or a few muttered curse words.

But what happens when the other driver seems to be taken by road rage?

While on the road, you can only control yourself and your own vehicle, and aggressive drivers will be there regardless of how safe you are. In fact, you most likely have been in a ‘road rage’ situation before or have heard countless incidents of it on the news. It can be a rather scary situation to be in and though some leave it without a scratch, others have faced dire consequences.

Road rage is a term often used for aggressive drivers on the road. Though this term can be thrown around a bit, it is meant to be... ...read full post

Child Bicycle Accidents And Liability

Child Bicycle Accidents And LiabilityFor those out cycling in the warm Florida breeze, a collision with a car is often your greatest fear. Though this is an uncommon occurrence, it still holds enough fear to keep many cycling in general. Regardless, it still occurs and the many of the victims are unfortunately children.

In 2011, a total of 677 bicyclists were killed in car collisions. Children aged 14 and younger accounted for 9 percent of those fatalities. 69 percent of those fatalities were by male children.

Drivers are always expected and required to show a reasonable amount of care in regards to others on the road. However, when there are children involved, an excess amount of care is required in order to ensure both the safety of the driver and the child. Since children are unlikely to fully understand the wait of their actions, they are held to a lower standard than drivers are. This standard can vary a bit depending on the age of the child.

For example, a 15 year old should know to watch out for other vehicles on the road. However, a 5 year... ...read full post

What You Should Know About Driving Anxiety

What You Should Know About Driving AnxietyWe all feel a little nervous or anxious sometimes. Whether it is right before a test or when watching a particularly scary movie. Even getting behind the wheel can be a bit nerve wracking from time to time. However, what happens when those nerves just don’t seem to go away? Or feel so intense that you having trouble breathing?

This is when your feelings are more than just a case of nerves, but rather are feelings of full-blown anxiety disorder.
An anxiety disorder is a type of mental health disorder that is characterized by feelings of fear, worry, or anxiety that are strong enough to interfere with an individual’s daily life.

The fear of driving, also known as Vehophobia, is anxiety that is focused on driving a vehicle, being a passenger in a vehicle, and/or being stuck in certain driving situations. This fear often causes an individual to avoid driving as much as possible, creating excusing to not drive, and even refusing to get their driver’s license for years.

Those with this intense driving anxiety may feel one or more of the... ...read full post

Understanding Florida’s Comparative Negligence Laws

Understanding Florida’s Comparative Negligence LawsImagine a teenager driving down the road, music blasting loud, smartphone in the right hand, left hand precariously perched on the steering wheel. He looks down at his smartphone, glances back up at the road, and then looks back down at his smartphone as he approaches an intersection 5 mph over the speed limit.

Meanwhile, a man jogs down a sidewalk towards the intersection with headphones on. Instead of stopping to wait for the crosswalk signal, he glances at the road in one direction, and then continues into the intersection without breaking his stride.

If the teenager hits the man, and both suffer serious injuries, who is at fault for the accident? Who should be responsible for the medical expenses, the lost income, the property damage?

If you’re not sure what the answers to those questions are, you’re not alone. Accidents usually aren’t black and white, and figuring out who’s at fault is incredibly difficult. In the aftermath of an accident, it’s important to have an experienced personal injury lawyer that can sort through the facts and zealously represent your position.

Florida’s Comparative Negligence Law

Practically, there... ...read full post

Open Vehicle Recalls Hit New High

Open Vehicle Recalls Hit New HighAccording to a recent Carfax report, no fewer than 47 million vehicles currently on US roads are in need of a recall repair. This number represents no fewer than one fifth of all American vehicles, and while many of them may represent “better safe than sorry” fixes that haven’t resulted in any accidents, it’s still enough of a problem that the Department of Transportation is starting up an awareness campaign.

Growing Demand, Limited Supplies

Part of the reason for this recent upswing in open recalls is the fact that the number of recalls period has spiked massively in recent years. Both 2014 and 2015 managed to more than double the previous record, logging right around 51 million recalls each (and on the bright side, this means that over half of the past two years of recalls have been successfully serviced).

A significant percentage of these open recalls are related to the massive Takata air bag recall which has affected nearly 30 million vehicles and counting. Many of the car owners involved are entirely unable to get the repairs they... ...read full post

How Many Ways Can A Civil Case End?

How Many Ways Can A Civil Case End?The vast majority of civil cases never make it to trial. While that fact may be disappointing for those who love the courtroom drama shown in TV shows and movies, the issue is that seeing a court case all the way through to the end is an expensive prospect for both the prosecution and the defense. Even beyond the money problem, in most cases the facts are clear enough that there’s no need to let a jury decide what both sides can figure out without their help.

On the other hand, not every civil case ends in a settlement either. There are actually a number of different alternatives:

1. The Case Is Never Filed

While this may not technically be a way for a case to end, it often marks the end of a potential plaintiff’s dispute with the responsible party. There are a few steps in between an action which may justify a court case and the moment when that case is filed, including negotiations with lawyers, and if the two parties can come to... ...read full post

6 Common Myths About PTSD

6 Common Myths About PTSDDespite all the increased amounts of research concerning Post-traumatic Stress Disorder, there is still an abundance of myths floating around and it is crucial that they be addressed.

Post-traumatic Stress Disorder also known as PTSD, is a serious mental health issue that is often accompanied by a great deal of stigma. Along with that stigma is a large amount of myths and misunderstandings about the disorder which can lead to negative implications such as prejudice and maltreatment. Here are just a few of the myths we will be clearing up today.

MYTH 1: PTSD IS A SIGN OF WEAKNESS

This is unfortunately a very common myth. Developing PTSD is not a sign of weakness in the slightest. It is an understandable human response to uncommon experiences.

Though PTSD is thought of as only a military disorder, it is actually more common among those who have been in a car accident or had an abusive relationship. No matter what the cause, this disorder comes from an intense traumatic experience that left them unable to feel safe and has caused physical damage to the way their... ...read full post

St Patrick's Day And Drunk Driving

St Patrick's Day And Drunk DrivingYou do not need to be Irish to celebrate St. Patrick’s Day! Each year, the green beer and drinks are being shared all around. In fact, you can see green items and alcohol as far as the eye can see during this time of the year. However, this makes it an increasingly dangerous time to be on the road and driving. According to the National Highway Traffic Safety Administration, 276 people died in drunken driving crashes over St. Patrick’s Day weekend from 2009 to 2013.

In the year 2013, two out of five crash fatalities occurred during St. Patrick’s Day weekend involved drunken driving. It was between midnight and 6 a.m. during St. Patrick’s Day weekend that resulted in the most crash fatalities. 55 percent of those nightly crashes involved drunken driving. Furthermore, from 2009 to 2013, three out of four drunken driving fatalities has occurred with drivers who had a blood-alcohol levels at more than double the legal limit.

Before you go partying this St. Patrick’s Day, here are a few things you should remember:

1) Do not wait until you... ...read full post

6 Tips For Driving In Wet Weather

6 Tips For Driving In Wet WeatherDriving can be hazardous even on a beautiful crystal clear day with perfect road conditions. However, when you add wet weather into the mix, it can be downright dangerous. Luckily, there are a few ways that you can protect yourself and others while on the road in wet weather.

1. Give Yourself Extra Time

If your commute takes you a specific set of time on a normal day, you should get ready for it to take twice as long when the weather is bad. Not only will you need to drive more slowly in order to stay safe, but traffic may also be much heavier than what is normal. There are various factors such as accidents and flash flooding on the road that tends to really slow down the flow of traffic and you may encounter a backup with little notice. Instead of fretting about being late and making rash decisions, you should plan in advance and give yourself plenty of time to get there. If you do end up there early, you can always just kill some time... ...read full post

Getting Disability For PTSD

Getting Disability For PTSDPost-traumatic stress disorder, also known as PTSD, happens after witnessing or going through a traumatic event involving injury or death. Though most of us think of soldiers when talking about PTSD, the majority of PTSD sufferers are actually victims or witnesses of car accidents. PTSD causes recurrent flashback episodes and nightmares that can disrupt every day activities. Some forms of PTSD including hyper-vigilance, extreme fear of the event recurring, a tendency to be easily startled, and anger or irritability.

Unlike simple shock or stress, the body and brain chemistry can be altered with post-traumatic stress disorder. Those with this disorder will show high levels of catecholamine and a low level of cortisol in their urine and a decrease in the volume of the hippocampus, a part of the frontal lobe of the brain. Due to these changes in the brain and body, PSTD is a serious condition that can greatly effect an individual’s ability to function.

There is no cure to post-traumatic stress disorder and cases can vary greatly in severity, symptoms, and possible triggers. However, there are several treatments and medications used to make... ...read full post

What You Should Know About Drowsy Driving

What You Should Know About Drowsy DrivingSleepiness and driving is quite a dangerous combination. Most people are aware of the dangers of drinking and driving, but don’t realize that drowsy driving can be just as fatal. Much like alcohol, sleepiness slows reaction time, decreases awareness, impairs judgment, and greatly increases your risk of crashing.

According to a study by the National Sleep Foundation, 60 percent of adult drivers, about 168 million people, say they have driven a vehicle while feeling drowsy in the past year and 37 percent have even admitted to falling asleep at the wheel. If that wasn’t scary enough, 13 percent said they have done so at least once a month. 4 percent, around 11 million drivers, also admitted to having an accident or near-accident because they had dozed off or were too tired to drive properly.

The National Highway Traffic Safety Administration estimates that 100,000 police reported car accidents are a direct result of driver drowsiness each year. This results in about 1,500 deaths, 71,000 injuries, and $12.5 billion in monetary losses. However, due to how challenging it is to attribute... ...read full post

Handle Insurance Claims With Care

Handle Insurance Claims With CareInsurance policies are a bit like gambling: you’re betting that something bad will happen to you at some point while you hold the policy, and the insurance company is betting that nothing will happen. Insurance companies spend a lot of money on actuarial tables to figure out the odds that something will happen to a certain demographic, and it sets its premiums carefully so that it will always make a profit.

However, insurance companies don’t limit themselves to simply playing the odds. An insurance company’s biggest expense is (or at least should be) paying out claims, and as such fewer, smaller claims translate directly into more profit for the company. That’s why claims adjusters are constantly encouraged to reduce claim amounts by as much as they legally can. As such, you need to be very careful regarding what you say and do when you submit and wait for a claim.

Keep All Your Records

If you’ve been injured, either take pictures of your injuries or else seek medical attention right away. If your car or other property has been... ...read full post

What’s The Difference Between Ride Sharing And Taxis?

What’s The Difference Between Ride Sharing And Taxis?The answer to that particular question can depend a lot on whom you ask. According to ride-sharing companies like Uber and Lyft, ride sharing is a service that takes advantage of modern technology to provide a more casual approach to getting a ride. Drivers are simply guys (or gals) with their own cars who work their own hours and can take as many or as few passengers as they want.

That said, these companies are also quick to point out that their drivers adhere to strict standards of professionalism while on the job and both drivers and passengers are able to rate and review each other for future reference.

However, a representative from a taxi company would be more likely to tell you that ride sharing is a taxi service that uses a new format in order to cut corners and avoid regulations which keep taxi drivers and passengers safe and able to deliver a minimum standard of quality. A five-star rating system might not be able to give you a complete picture of what... ...read full post

5 Tips To Keeping Safe On A Long Drive

5 Tips To Keeping Safe On A Long DriveWith the holidays around, many are traveling to see their friends and family over the holiday seasons. For some of us, that is just a simple half an hour trip. However, for others this may be quite a few hours or even a day’s trip to see them.

If you’re planning to take a long road trip, you need to plan in advance. We’re not just talking about packing, long drives can really take it out of you and it may be dangerous if you are not prepared for it. That’s why we came up with a few tips to keep you safe on the road.


1) Get the rest you need beforehand

Make sure you get at least seven hours of sleep for two nights in a row before you head out on the road. This way you are unlikely to get drowsy while out on the road. Also it is recommended that you avoid driving between 1 and 3 p.m., this is when most people get naturally drowsy. If your trip is especially... ...read full post

Top 9 Worst Driving Distractions

Top 9 Worst Driving DistractionsDriving distracted endangers not only those behind the wheel, but also their passengers, pedestrians, and fellow road occupants. In fact, drivers using hand-held devices such as smartphones or iPods were four times more likely to get into a serious than those who didn’t. That is only one of the most dangerous distractions around.

1) Food and drink

In a survey, 51% of drivers admitted that their driving had been compromised at least once due to eating or drinking while behind the wheel. When we’re in a rush, it seems only natural to eat on the go especially with the ease of drive thru restaurants. As much as you might believe that you can drive and much on something at the same time, it is more distracting than you think and not worth the risk.

2) Music

Believe it or not, 61% of motorists admitted that they had been distracted while driving due to their radio, CD player, and even their iPod. This can be especially distracting if the driver was flicking through songs or switching radio stations while on the road. So as nice as... ...read full post

You Can’t Always Blame The Weather

You Can’t Always Blame The WeatherWinter is a time when most of the United States experiences frost, snow, ice, and other forms of frozen water that make it difficult to drive. Snow can even fall as far south as Florida, although what little of it shows up does so in the panhandle region. Still, if you were to describe slippery conditions, most Florida drivers who’d had to drive through a rainstorm would know exactly what you were talking about.

And with more treacherous roads comes a higher risk of accidents, both the kind where you careen off the road and the kind where you skid into other vehicles. But how can you determine fault when Mother Nature is foremost to blame?

Preexisting Conditions

Unfortunately for drivers, courts and insurance companies are generally unsympathetic to people who claim that the weather is the reason they skidded into an intersection or fell off an embankment. The fact is that the presence of ice, snow, or driving rain should be obvious to anyone with enough eyesight to legally drive a car, and so it’s a driver’s responsibility... ...read full post

Which Is Better: More Recalls Or Fewer?

Which Is Better: More Recalls Or Fewer?2014 and 2015 have set impressive records for the total number of auto recalls. Partly this happened thanks to major defects which all went public one after another, defects which often affected a decade or more of vehicles and (as in the case of Takata airbags) multiple automakers. Massive, high-profile recalls aren’t exactly new on the scene – Firestone’s infamous recall of 2000 involved 14.4 million tires – and even though the Takata airbags are the biggest auto recall in history with 34 million affected cars and counting, it still doesn’t quite equal half the recall numbers of 2014 and 2015.

If you were to filter out the other major scandals and limit yourself to the “business as usual” recalls that hit new vehicles on a regular basis, it’s plausible that the number has been growing even beyond the increasing number of car sales. The question, then, is whether it’s better to have more or fewer recalls, and the answer you give may have a lot to do with your outlook on life.

More Safe Versus Less... ...read full post

Sometimes, You May Be At Some Fault

Sometimes, You May Be At Some FaultIn a simple, black and white world of cause and effect, when an accident occurs, one person is the victim, while the other person is responsible for the accident. This is the “ideal” legal situation that many personal injury lawyers will try to pursue if possible, since this is the simplest kind of case to resolve in court. In the event that one party is clearly responsible, while another is clearly a victim, the case can be settled quickly and efficiently with little room for argument.

However, in the real world this is not always the case. Sometimes when an accident happens, one party is not solely responsible for the incident. There are cases in which case even the party that has been injured has actually played a role in how the accident occurred.

So what happens when more than one party is responsible for an accident? Does that mean that no one can pursue the case?

The answer to that is “no.” But, it does mean that the courts must now resolve a case of what is called... ...read full post

When Does Negligence Become A Factor In Car Accidents?

When Does Negligence Become A Factor In Car Accidents?When you get involved in a car accident, especially a serious one with severe injuries that may even be permanent, one of the most important things in the aftermath is establishing what happened, and why. In many accidents, the chief cause of mishap is what is referred to as “negligence.”

In simple terms, this means that one party, or another—or perhaps even both—have a basic responsibility for their own safe driving and the safety of others on the road, that they were ignoring in some capacity. This means that if you were driving responsibly and became involved in an accident due to someone’s else’s negligence, you are entitled in court to financial compensation. This is where experienced personal injury lawyers like our staff here at allinjurieslawfirm.com come into play. When we take on your case, we represent your interests and prove in a court of law that the negligence and subsequent financial responsibility are the fault of the other driver.

But what qualifies as negligence in driving? How do you know that the other... ...read full post

Smart Cars Still Need Smart Drivers

Smart Cars Still Need Smart DriversThere are a wide variety of driver’s assistance programs that are now on the market, at least at the premium end of things. Thanks to a host of sensors and cameras, plus a few electronic control systems, a vehicle can (under certain circumstances) drive itself. However, just because self-driving cars are becoming more of a reality doesn’t mean a driver is clear of fault in the event of a collision.


Electronic Engineering

The absolute variety of driving aids has grown to a staggering number, and there’s no indication that it’s going to slow down soon. The rearview camera is quickly becoming a standard feature across the industry, and while some companies simply give you a view of what’s immediately behind you, others provide guidance lines to show you what’s in your way or else use the view from extra cameras placed around the vehicle to extrapolate an outside perspective.

Other software programs are more useful on the highway. Adaptive cruise control not only lets you take your foot off the gas pedal, it automatically keeps pace with traffic... ...read full post

Some Distracted Driving Can Be Incriminating

Some Distracted Driving Can Be IncriminatingModern technology has given us more and more ways to stay connected with friends and family. One of the best ways to do so now is through a combination of social media and video or camera equipment built into devices like our phones, which then allow us to go online to access that social media. It’s result in a lot of changes to the way we interact with loved ones, letting us take photos or shoot videos of ourselves and immediately share them with people, whereas in the past doing so would have required access to elaborate broadcast facilities.

The result of this has been people letting us into their lives more and more on a daily basis. And while that can often be a rewarding and interesting thing, it can also occasionally lead to accidents. Especially when using such devices while driving.

In fact, studies, and even informal demonstrations on popular shows such as Mythbusters have shown that the use of devices like phones while driving can impair driving skills to similar levels as driving while under the influence of alcohol.... ...read full post

You Should Only Help Accident Victims If You Are Trained

You Should Only Help Accident Victims If You Are TrainedAlmost every aspect of our lives has a positive and negative side to it. Living and working in cities is more convenient, but also means more crime and alienation. Enjoying more movies and television is entertaining, but can take up a lot of time and money. And living in a society where people who feel wronged can seek financial compensation in court can bring justice, but it can also limit how much you can do without legally endangering yourself.

Unfortunately, this also applies to the ability of Florida residents to help those that are in dangerous situations, such as accidents.

Negligence in a personal injury case is usually defined as a person being directly responsible for a victim’s injury as a result of not exercising a basic responsibility to ensure safety. Normally, this means driving safely, or, in the case of home or places of work and business, ensuring that the environment is safe for others.

In the case of accidents, it means ensuring that any injuries people have already sustained do not become... ...read full post

3 Defensive Driving Tips You May Have Forgotten

3 Defensive Driving Tips You May Have ForgottenIn most states, qualifying for a driver’s license is a fairly straightforward matter of sitting through a few classes on basic traffic laws, going on a few practice drives with an instructor, and then going through a test which isn’t easy to fail (aside from the parallel parking, of course). But once you’ve done all that, all the DMV cares to know about when you renew is whether or not you can read road signs without any glasses. In other words, it’s rare to encounter any supplemental or refresher lessons even as the years and decades pass.

As such, here are a few defensive driving tips which you may have forgotten about or else dismissed because you were a teenager and you were certain you could drive better than your instructors.

1. Only Tailgate At Sports Games

No matter how much of a hurry you’re in, riding someone else’s bumper is not going to get you to your destination faster, and it’s rare that doing so will cause the car in front to speed up. All... ...read full post

Dealing With Insurers Is Sometimes A Matter Of Faith

Dealing With Insurers Is Sometimes A Matter Of FaithLike any other kind of for-profit company, insurers have a bottom line, and the farther away it is from their expenses, the better off they’re doing. The need to keep net revenue up puts significant pressure on claims adjusters, since they’re responsible for every cent their company spends on its policyholders. While this means they’re typically reluctant at best to fill any claims they receive, especially the more expensive claims, they may end up taking things a step too far and act in bad faith.

Good Faith, Bad Faith

The idea behind the “good faith” policy in regards to insurance is that, while insurance is a business, insurers should at least be doing something to look after their policyholders. Insurance isn’t about filling a corporation’s bottomless money pit, after all, it’s paying a company so that the company will pay you in a time of need. If an insurance company forgets this fact or refuses to acknowledge it, it’s acting in bad faith.

When Does An Adjuster Cross The Line?

There are several different... ...read full post

Keeping Safe With Trucks

Keeping Safe With TrucksNo matter how commonplace it may be, it’s important to remember that driving is really a very dangerous activity. It can be safe enough so long as you and everyone else on the road follows the rules, but when it comes to trucks, buses, and trains, there are a few extra tips you may not be aware of which you should keep in mind if you want to stay safe.

Beware Of High Fenders

Trucks, including 18-wheelers, pickups, and SUVs, are designed to different standards than regular cars, and that includes having a higher clearance off the road. This allows them to climb over higher obstacles than a car can manage, but in order to do that their fenders are higher up than the fenders on a car. This means that your vehicle’s first defense in a front or rear collision won’t work, and in fact the truck’s fender may deal significant damage to your trunk or your engine while leaving the larger vehicle relatively unharmed. As such, while you should always keep your distance from the cars in front of... ...read full post

Injuries From Auto Accidents Are More Common Than Many Would Believe

Statistics of the National Highway Traffic Safety Administration show that in 2008, there were 2,978 traffic fatalities in Florida. 77 of these fatalities occurred in Lee County, home to Fort Myers, with 20 of them involving alcohol and 10 involving speeding. In Sarasota County there were 42 traffic fatalities, 11 of them being alcohol related traffic fatalities. In 2006 there were 256,200 auto accidents in Florida that injured 214,914 people.

In addition to car crashes, personal injuries include dog bites and injuries caused by slipping and falling in places such as parking lots, restaurants, and on the job. In 2008, the Bureau of Labor Statistics reported that there were a total of 291 fatal occupational injuries in Florida, 39 of them involving falls, and 38 involving exposure to harmful substances or environments. Of these fatalities, 56 involved assaults and violent acts.

In addition, according to the CDC there were 8,917 deaths caused by accidents in Florida in 2006. Many of these accidents were caused by negligence. According to FARS, (Fatality Analysis Reporting Service) in 2005 Florida had the highest rate of pedestrian fatalities in the nation. Many of these accidents are preventable, and if there is a fatality, can be the basis... ...read full post

Take Control Of Your Future; Hire An Experienced Injury Law Firm

Accidents can happen anytime and anywhere and can result in life-changing injury. If you or someone you love is involved in an accident that was the fault of someone else, do not suffer needlessly—seek the help of a qualified personal injury law firm.

The attorneys at All Injuries Law Firm, P.A. are experienced in all aspects of injury law, from car accidents to slip and fall injuries. They have litigated and negotiated on behalf of their clients in Port Charlotte, Fort Myers, and Sarasota, and are well-versed in Florida personal injury and accident law.

Florida personal injury law

Florida personal injury law is determined by the state's legal code. The legal code determines how torts (accidents are a kind of tort) are litigated, how fault and liability are determined, how responsibility for damages or compensation is assigned, and the length of the statute of limitations for accidents. Lawsuits pertaining to Port Charlotte accidents are governed by this code.

Lawsuits can last for years, especially lawsuits in which the plaintiff is seeking compensation for an injury. The success or failure of your Port Charlotte accident injuries lawsuit can largely depend on the quality of your legal representation. If you are considering filing... ...read full post