Florida No-Fault Insurance and Traffic Accident Lawsuits

Florida’s no-fault insurance program demands that all Florida drivers carry PIP or personal injury protection insurance. Those who are injured in accidents make a claim against their own policy which covers their medical expenses and a percentage of their lost wages. However, the PIP system can be circumvented in cases where the driver sustains “severe” injuries or dies. “Severe” generally constitutes more than simply soft tissue damage. At the minimum, there must be broken bones.

Since a driver died in this accident, the estate of Jerome Barson was able to file a lawsuit on behalf of the family members. Barson was 78 years old at the time of his death.

The Accident

Security footage caught the entire accident. According to police, Venus had pulled behind a white sedan that would make a left hand turn onto the highway. Venus goes straight, but a car to her left cuts her off heading from the opposite lane. This causes Venus to stop the car. She continues straight and is then t-boned by the Barson’s sedan.

Police said that Williams should have exited the intersection but Barson should have yielded in the case that there was a car in the intersection. All traffic laws require that a driver has a duty to avoid an accident, but from the video footage, it appears that Barson never saw Williams in the intersection. Williams, caught in the middle of the intersection after the car cut her off, had nowhere to go.

Palm Beach police determined that neither party had violated the right away. Williams was not charged or cited for the accident.

Who Was at Fault?

The official police report stated that neither party was at fault for the accident and the case never made it before a jury. So determining who is at fault in an accident like this requires some guesswork. When Williams pulled into the intersection, she had a right to be there. Since she was cut off illegally, she stopped her vehicle to let the other vehicle pass. By that time, the light had turned green and the Barson’s car had a right to enter the intersection. But it’s hard to guess why Barson didn’t see a 2010 Toyota Sequoia. Williams was nice enough to settle this lawsuit without pleading her case and it’s difficult to say what a jury would have determined, but it’s also difficult to figure out where Williams negligence was.

Talk to a Miami Personal Injury Attorney

The legal team at the office of Alan Goldfarb P.A. handles traffic accidents among other kinds of personal injury lawsuits. If you’ve been injured by a negligent driver in Miami, please give us a call or talk to us online.

Resource:

foxnews.com/sports/venus-williams-settles-wrongful-death-lawsuit-related-to-fatal-car-crash

The exact cause of the multi-vehicle wreck remains under investigation.

Causes of Multi-Vehicle Accidents

Auto accidents involving multiple vehicles can occur in a myriad of ways. Though, quite often it is the result of a single vehicle setting off a chain reaction collision. For example, one driver is texting and driving or is speeding and winds up rear-ending another vehicle. The force of the collision causes the vehicle to then move forward and collide with another car, and so on and so forth.

Multi-Vehicle Accidents Can Become Quite Complex to Investigate and Litigate

When two vehicles are involved in an accident, the ability to investigate and determine which driver was at fault can be accomplished relatively quickly, in most cases. However, when a wreck involves multiple vehicles, there is a greater likelihood that each driver involved will blame everyone else for causing the crash. This makes assessing liability more difficult and gives auto insurance companies a reason to put up a legal fight rather than offering a fair and reasonable settlement.

This is why it makes sense to hire a Miami car accident lawyer. They take the burden off your shoulders of investigating the accident, contacting the insurance adjusters, filing the necessary paperwork, etc. When a claimant is unrepresented, auto insurance companies often try to play games and drag their feet in offering a settlement. In many instances, an insurance company will try to tell you that you have to wait to have your injury claim addressed by the company because it is being reviewed and investigated by their team of adjusters. Then, they may try to argue that they cannot discuss a settlement with you until all of the other parties involved in the collision file a claim and they can review the amount of claimed damages versus the amount of available coverage.

Do not fall for these delay tactics. Hire a lawyer so they can get to work right away for you.

Negotiating with Multiple Insurance Companies

If you or a family member is seriously injured after a multi-vehicle accident, the prospect of negotiating with not one, not two, but possibly three or four insurance companies probably sounds like a nightmare. This is perfectly understandable. You should focus on healing. Again, this is where an attorney can prove to be invaluable since they take that burden off your shoulders and negotiate on your behalf.

Let Us Help You with Your Case

Do not delay in reaching out to a law firm. The sooner you have an attorney on your side, the better.  Contact the experienced Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free case review.

Resource:

miamiherald.com/news/local/community/miami-dade/article194672069.html

What is Distracted Driving?

The National Highway Traffic Safety Administration describes three type of distracted driving: visual (taking your eyes off the road), manual (taking your hands off the wheel) and cognitive (taking your mind off driving). Texting while driving involves all three; to be sure, it is visual (you look at your phone), manual (you pick up your phone) and cognitive (you think about about the contents and a possible response). Since the driver is distracted on all levels it is easy to cause an accident. In fact, the National Safety Council reported that nearly 28 percent of crashes involve texting drivers.

Minimize Distracted Driving

It can be difficult to predict what another driver may do while in the road. You may also choose to participate in a simulation to help keep the road safer by then choosing not to drive while distracted. A few simple actions can help drive less distracted:

• Have a designated phone operator. Ask one of your passengers to manage your phone for you.
• Place your phone out of reach or place it on silent mode. This way you are not distracted by notifications and tempted to respond.
• Use a handsfree device. This option is required in many states and is a good option for staying connected while driving.
• Set up your GPS before you leave. This will help keep you focused on driving to your destination instead of search for directions.

Let an Attorney Help

It is clear that legislators are learning about the dangers of distracted driving. In fact, Florida legislators will consider revising Florida’s text message ban this year. In the meantime, distracted drivers will continue to cause accidents. If you have been in an accident with a distracted driver, then you should speak with an attorney. The Miami distracted driving accident attorneys at the office of Alan Goldfarb, P.A. can help you with a distracted driving claim and ensure you are able to fully recover from your accident. Please contact us today to schedule a consultation.

• Cognitive Distractions: an activity that takes the driver’s mind away from driving.
• Visual Distractions: an activity causes the driver to look at anything other than traffic.
• Manual Distractions: an activity that causes the driver to take their hands off the wheel.

Texting while driving encompasses all three types of distraction. Other examples of distracted driving activities include:

• Talking on the phone;
• Eating;
• Drinking;
• Talking with passengers;
• Changing the radio;
• Grooming;
• Reading;
• Using GPS; or
• Watching videos.

The FDOT has estimated that drivers are 23 times more likely to cause an accident if they are texting and driving. In an effort to prevent accidents caused by distracted driving, Florida and other states have prohibited the use of cell phone while driving. While it is still legal to use a handheld device in Florida, other states completely ban the use of handheld devices while driving. The FDOT’s new ad campaign focuses on getting drivers to simply put down phone by downloading smartphone applications that will read text messages, or even prevent incoming text message while driving. Alternatively, the FDOT campaign encourages drivers to designate a passenger to read and send messages so that the driver can focus on the traffic.

Unfortunately, cell phones are a dominant part of American culture and their prevalence has fueled an increase in distracted driving and the accidents they cause. Texting while driving creates a deadly risk to drivers and innocent pedestrians. When a driver sends a text while driving they take their eyes off the road, or handheld device, for approximately 4.6 seconds. Driving at a rate of 55 miles per hours it’s like driving the length of a football field with a blindfold. This is more than enough distance to cause a life changing and devastating accident.

Contact an Attorney

Florida’s ban on texting while driving acknowledges the danger of distracted texting. If you or someone you know has been injured in a car accident and you suspect the other driver was texting while driving, then you may need to contact an attorney. You may be able receive compensation for loss wages, medical bills, property damage, and other losses. The Miami distracted driving attorneys at our firm can guide you through a legal claim for the best possible outcome. If you have any questions about a possible claim, contact Alan Goldfarb, P.A. today and let us talk to you about your case.

• File a claim using your own personal injury policy;
• File a claim under the driver’s personal injury policy;
• File a claim under the at-fault driver’s personal injury policy; or
• File a claim using the personal injury coverage of an adult relative who lives in your household.

Family Exclusions

There are certain exclusions for filing a claim which that prevent a passenger, spouse or other family members from filing a claim. Generally, you are prevented from filing a personal injury claim against the driver of the car you are riding in. This is because, in this case, you are considered an insured person. And, under the liability policy, an insured person cannot file a claim against their own policy. Your expenses may be covered under a different policy and your compensation may be capped. A family exclusion clause may also prevent you from filing a claim if you are a in an accident with a family or a member of your household. These family exclusions clauses were created to prevent family members from colluding to defraud insurance companies and reduce the cost of fraudulent claims for insurance companies.

Passenger Exclusions

Additionally, there are passenger exclusions that prevent you from making a personal injury claim under another driver’s coverage. As a passenger, you cannot file a personal injury claim if:

• You were injured while committing a felony;
• The driver was operating the insured car without the owner’s permission; or
• You contributed to the injury by trying to purposely cause harm to yourself.

Spousal Immunity

While some passengers and family members are excluded from filing a claim against another family member, spouses are not prevented from initiating legal action after an accident. To be sure, Florida does not have spousal immunity laws for personal injury claims. This means that if your spouse causes an auto accident, you may be able to initiate litigation against your spouse, or your insurance company, to seek out compensation for damages and injury.

Personal injury claims involving spouses, family members and passengers are complex. They require that potential claims be investigated quickly and effectively. At Alan Goldfarb, P.A. you can rest assured that the our experienced personal injury attorneys know the most effective avenues for pursuing your legal claims to ensure the most favorable outcome. If you or anyone you know has been injured in an accident in Miami, you may be entitled to compensation. Contact our Miami offices today.

This tragic incident occurred around 6:15 in the morning on July 1st on an otherwise clear morning with no weather problems. Rodriquez was traveling along the Florida Turnpike when his motorcycle broke down and had an accident. Just then, he was hit by a driver who sped off and left him there without stopping, calling the police, or seeking medical help for Luis.

State troopers are confident there were other drivers on the road when this happened, and they may have seen something. Now the family is asking for help from those who possibly witnessed this hit-and-run accident, and they are pleading that the person responsible come forward.

Rodriguez’s sister, Yesenia Barrios, said that her “brother was an exceptional father, an exceptional brother, probably one of the best people you could ever meet.” Rodriguez was looking forward to a new, promising job at a Honda dealership, but now leaves behind grief-stricken and heartbroken family members trying to put all the pieces together.

The family wants to know what happened to their loved one so his child can someday know, and so they can understand why this might have happened. In an a final plea from Barrios, she said “just picture it being one of your family members and what you would have wanted for somebody to do for your family if you were caught in the same situation.”

Hit and Run Accidents are Rising in Number in U.S.

Unfortunately hit-and-run accidents are not an uncommon occurrence in the United States. In a 2013 story by USA TODAY, it was reported that hit-and-run crashes are on the rise. In fact, the number of fatal hit-and-run crashes rose each year from 1,274 in 2009, to 1,393 in 2010, to 1,449 in 2011. This is a shocking trend that wreaks havoc on families everywhere.

Not only do hit and run crashes cause unspeakable tragedies to families and loved ones of victims, but they also can leave financial troubles. There are reasons why Florida and other states require drivers to have insurance, and one of those reasons is so victims can be compensated in the wake of tragic accidents. But when drivers hit and then run from the scene, the families are left behind to deal with all the resulting consequences.

The family of Rodriguez is being represented by our firm, Alan Goldfarb, P.A. At a news interview in his downtown office, Alan Goldfarb said that he is certain Rodriguez was alive after the motorcycle broke down, and that it was the hit-and-run driver who caused the death.

Now the family, police, and the family’s attorneys are asking that anyone with any information about the hit-and-run accident contact the police.