Medical Emergencies And Auto Accidents

Medical conditions cause problems not only for those who suffer from the conditions themselves, but also for others, particular when those medical conditions cause or contribute to an auto accident, as may have been the case in this Northwest Miami-Dade incident. Though rare, a driver’s medical condition can cause an auto accident when it affects the driver’s ability to drive safely. Some of the more common medical conditions that can cause or contribute to an accident include epilepsy and its associated seizures, strokes, heart attacks, or diseases such as Alzheimer’s or Parkinson’s. Though some conditions may be known ahead of time and may offer the driver the ability to take measures to minimize the chances of an accident due to the condition, drivers who suffer heart attacks and strokes behind the wheel may have no way to predict or plan for these conditions.

Preventable Medical Conditions

Out of all of the types of medical conditions that can cause an auto accident, one of the most common is also one of the most predictable and preventable – driver fatigue. Statistics show that a majority of drivers have driven while feeling drowsy and, even more worrisome is the fact that more than a third of all drivers admit to having fallen asleep behind the wheel at some point. A percentage of those who admitted to having dozed off behind the wheel also admitted to doing so fairly regularly – and some admit that they have either had an accident or have nearly had one as a result of dozing off or just being too tired to drive. The Centers for Disease Control and Prevention (CDC) recognizes drowsy driving as a major problem in our country, which often has tragic results and can occur not only when a driver has not had enough sleep but also when sleep disorders go untreated or as a result of medication or drinking. When drivers get behind the wheel without first ensuring they have had enough sleep to do so safely, they often pay less attention to the road, are less able to react appropriately to changes in driving conditions, and less likely to make good decisions.

Reach Out to Us for Help Today

If you have been in an auto accident caused by the medical condition of another driver, you may be entitled to money for your injuries and losses. At the office of Alan Goldfarb, P.A., we can help you to successfully recover money for your medical expenses, lost wages, and other expenses associated with the accident. Our Miami personal injury attorneys will review your case with you to determine the best way to get the results you deserve and will work hard to accomplish those results. Contact us now to talk with one of our legal professionals today.

Resources:

wsvn.com/news/local/car-hits-house-in-nw-miami-dade/

cdc.gov/features/dsdrowsydriving/

Lane-Diving Dangers

Lawmakers advocating ending the express lanes cite the more than 12,000 accidents that have occurred on the express lanes in Miami-Dade County alone in the past three years. In fact, it is rare to read through the news or listen to a news broadcast without hearing about another accident on the express lanes and – often times, anyway – learn that lane-diving was potentially a factor in the accident. Lane diving is the practice of leaving the regular travel lanes to enter the express lane – or vice versa – dodging the lane-divider poles at high speeds as though one were on an obstacle course. Efforts made and money spent to install sturdier poles to discourage this practice have made little impact to date and, for this reason, the question of whether it is worth having the express lanes at the costs of accidents, lives lost, and injuries suffered is a valid one. Though signs warn drivers to not drive over the plastic poles and advise of the fines that can be assessed for getting caught engaging in this dangerous practice, drivers continue to do so. All too often, not only is the lane-diving driver involved in a crash, but at least one, if not multiple, other vehicles become involved as well. In one example out of many accidents over the last few months, three vehicles were involved in a chain-reaction crash that resulted in injuries, some quite serious, to occupants of the vehicles. Some of those injured included children. The accident was believed to have been caused by a fourth vehicle that dove from the express lanes back into the general traffic lanes and cut off the head vehicle; the other vehicles’ drivers were unable to react quickly enough to avoid a collision.

When Injured In An Auto Accident, Contact Alan Goldfarb, P.A.

If you have been involved in an auto accident, you may be entitled to compensation for any injuries you have sustained as a result. At the office of Alan Goldfarb, P.A., we will review your case with you and help you understand your rights and responsibilities under Florida law. As experienced legal professionals, we will advise you of the best way to proceed with your case and how you may expect the legal system to work. The Miami attorneys at the office of Alan Goldfarb, P.A. are here to help you ensure you get the best possible results for your case. Contact us now to schedule your consultation at no cost or obligation to you.

Resources:

local10.com/traffic/i-95-signs-warn-drivers-not-to-jump-express-lane-poles

local10.com/traffic/lane-diving-driver-believed-to-have-caused-chain-reaction-crash-on-i-95

miaminewtimes.com/news/i-95-express-lanes-could-be-banned-under-proposed-law-finally-9044048

local10.com/travel/bill-filed-to-eliminate-express-lanes-on-florida-highways

A former player for the Miami Dolphins has been involved in a serious auto accident in his home state of Ohio and, according to reports, is still in critical condition. According to police reports in the Columbus area, the athlete was driving on the interstate when he lost control of his car. He was reportedly not wearing a seat belt at the time of the accident and was thrown from the vehicle after crashing through a guardrail.

Seat Belt Laws – Exclusions

Vehicle-Specific Exclusions

Often we see reports of accidents in which vehicle occupants are injured after being ejected from their vehicle due to their failure to wear a seat belt. Some version of seat belt usage is the law in every jurisdiction, yet so many drivers as well as their passengers choose to ignore this law to their own detriment. Florida’s law, known as the Florida Safety Belt Law, is set forth in Code Section 316.614 and clearly states the requirements for seat belt usage in our state. There are, however, some exceptions to which drivers on our roadways and highways are subject to these regulations. The law applies to those driving or riding in motor vehicles, but there are some types of vehicles that fall outside of Florida’s definition of motor vehicles, including school buses, buses such as charter or tour buses used to transport people in exchange for payment, farm equipment, heavy trucks weighing in excess of a specified weight, and two-wheeled vehicles such as bikes, mopeds, and motorcycles.

Occupant-Specific Exclusions

For those who are driving or riding in vehicles that do fall within the definition of motor vehicles, additional exceptions to the seat belt laws exist as well. Those who are not under a legal obligation to wear a seat belt while driving or being transported in a motor vehicle include those engaged in certain professions such as rural mail delivery, newspaper delivery, trash collection, those who have been certified by a medical professional as having a medical condition that would be exacerbated by the use of a seat belt, or those in vehicles that are not required by law to be equipped with seat belts.

Who’s Left?

At first glance this list of those exempted from the seat belt laws might seem lengthy, but upon a closer look it is obvious that the exceptions are quite narrow. In fact, just about everyone who is in a car being operated on Florida’s roads is required to wear a seat belt – this includes all drivers, anyone under 18 years of age, and anyone seated in the front seat of the vehicle. So, unless you are at least 18 years old and are sitting in the back seat, you must wear a seat belt. And even then, for your own safety, buckle up.

Let Us Help You Today

When you have suffered injuries as a result of an auto accident, you deserve to be compensated for your losses. An experienced auto accident attorney will help you get the results you need. At the office of Alan Goldfarb, P.A., our attorneys have represented clients in the Miami area who have suffered losses as a result of all types of auto accidents and we can help you too.  Contact us now to schedule your initial consultation today.

Resource:

miamiherald.com/sports/nfl/miami-dolphins/article114390503.html

Well over two years ago, three victims lost their lives as a result of a man’s decision to get behind the wheel of his car while intoxicated – tests showed that the driver’s blood alcohol level was over twice as high as the legal limit. Now, after having been sentenced to imprisonment along with other punishments for his actions, the families can finally feel some sort of closure, as the criminal portion of the incident comes to an end. When an accident such as this occurs,  however, the victims and their families are also entitled to damages for their personal injuries through the civil courts.

Criminal And Civil Aspects Of A Drunk Driving Accident

Whenever an accident occurs due to drunk driving, two things typically occur – a criminal case, in which the drunk driver is penalized for his or her criminal actions, and a civil case, in which the victims of the drunk driving accident seek – and receive – damages for the losses they and their loved ones suffered as a result of the accident. Florida law classifies the crime of drunk driving and sets forth applicable punishments according to the specific facts of the case including the driver’s level of intoxication, the extent of the damages and injuries caused by the accident, and the driver’s past convictions for similar offenses. However, the criminal process does not provide for victims to receive any compensation for their injuries; victims must file a civil action for personal injuries against the drunk driver to receive money for their medical bills, lost wages, pain and suffering, and other types of damages.

Do Not Delay, File Today

Florida law requires plaintiffs in a personal injury case to file their lawsuit within four years; in cases in which the plaintiff is filing a wrongful death action, that time limit, otherwise known as the statute of limitations, is two years. It is important that you speak with an attorney as soon as possible after an accident as, should the time limit expire, you can lose all of your rights to be compensated for your losses. In the case in which the time limit has expired, there is often no additional remedy available to victims or their family members.

Have You Been Injured In An Auto Accident?

If you or a loved one has been involved in an auto accident and have suffered personal injuries as a result, let the experienced legal professionals at the office of Alan Goldfarb, P.A. help you get the results you want and deserve. As a victim of someone else’s negligence, you have the right to compensation for your losses. Insurance companies may try to get you to accept far less than you are entitled to receive; do not allow yourself to be shorted out of damages you are entitled to receive. Our Miami car accident attorneys will take the time to thoroughly review your case and help you understand the rights and responsibilities you have in Florida. Contact us today to schedule your free consultation and get started without delay.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

The Accident

On May 7, 2016, Joshua Brown was killed in an accident in Williston, Florida. He had been driving his Tesla Model S Sedan when a tractor trailer turned in front of the car, which didn’t sense the vehicle and therefore did not stop. The roof was torn off the car and Brown was pronounced dead at the scene. When the driver of the trailer was interviewed, he said the Tesla was going so fast that he didn’t even see him. Brown had been using Tesla’s autopilot feature when the crash occurred.

Tesla’s Cars

The unfortunate irony in this situation is that Brown had previously been a big promoter of Tesla and their technology, even posting a video of his car avoiding a crash this April. He thought the vehicles made the driving experience safer overall. To be fair, they do. This crash demonstrates a glitch in an otherwise good system that is being improved every day.

Tesla has created an autopilot system that, when combined with participation from the driver, will make driving safer. This is because it will minimize the driver’s participation, and about 94 percent of accidents are due to driver error. What the autopilot feature does is this: it can steer itself in a lane, change lanes, speed up and slow down in traffic, and brake. It can also parallel park, which may be the most exciting feature. The driver, however, is still responsible for the car. Before the autopilot mode turns on, Tesla requires drivers to acknowledge that they are still alert, keep both hands on the wheel, and be ready to take over for themselves. This ensures that the driver will pay attention to the road despite using autopilot.

The cause of this crash has yet to be determined, but it certainly brought self-driving cars into the spotlight. This can only help us in the future, as companies like Tesla work out the glitches in the system and prevent others from getting hurt.

Do You Need Professional Assistance?

While it still may seem unlikely that the average American will be cruising around in self driving cars anytime soon, the future is coming. Many companies have started to incorporate similar features in their own cars, making them more and more common. It is entirely possible that you or someone you know could be involved in a similar accident, so make sure you know what to do. Contact us at the office of Alan Goldfarb, P.A. in Miami to talk to our lawyers about what to do if you get into a car accident. We will discuss your options and figure out what your next steps should be.

Getting The Right Car Seat

The right car seat for your child is dependent on their physical size and not just their age.  Initially, your child will start out in a rear-facing infant seat.  These are the bassinet-style seats with the handles that you have likely seen parents carrying a baby in at some point.  Sized properly for newborns and small babies, these seats are beneficial because they completely surround the child: in the event of a crash the rigid shell of the seat will move with the child, helping to protect their neck and spine from injury.  Many of these are sold as a “system”—the bottom of the seat will latch into bases that attach to the car, allowing parents to purchase multiple bases for different vehicles while only needing the one actual car seat (the most expensive component).  In addition, within brands, most seats are compatible with stroller frames, allowing the ease of moving the child from car to stroller without having to remove them from the seat.  When purchasing a “system,” it can often be helpful to find the stroller that fits your needs the best, then select a compatible car seat to go with it—you will be spending much more time interacting with the stroller than the car seat, so you should be sure that it is something you are happy with.

After your child outgrows the rear facing infant seat it will be time to upgrade to a front-facing car seat.  These are the “racing bucket” seats that you have probably noticed in people’s cars and is often what people think of when you mention a “car seat”.  Finally, once a child outgrows the forward-facing seat, parents should get a booster seat for until their child is physically large enough to safely use a car’s seatbelt as an adult would.  Many parents may debate skipping this stage, but this is a very bad idea: if a seatbelt does not “fall” correctly on a person’s body they can cause severe injury or even death during an accident.  Many manufacturers produce “convertible” seats that can be reconfigured as your child grows, allowing one seat to be used during all three stages, and this is something a new parent should ask about when shopping for car seats to determine if that option is right for them.

Installing A Car Seat

Installing a car seat used to be a complex ordeal to undertake, but times have changed.  The federal government mandated the inclusion of a universal mounting system called the LATCH to provide safe and accessible mounting points in modern vehicles.  However, if you are at all unsure if your car seat is installed correctly, almost every law enforcement, fire department or hospital facility in the country has trained personnel on staff that will be happy to assist or check to be sure that your child will be safe in the event of an accident.

Buying A Used Car Seat

In a word—don’t.  There are two significant dangers to used car seats.  First, just like a motorcycle helmet or your car’s seatbelt, a car seat is a one-use product, and you have no guarantee that it has not been involved in a wreck.  During an accident the materials that it is made out of are designed to be damaged in order to dissipate the forces of a collision.  While it may look to be undamaged, the impact foam will have been degraded and the plastic shell may have even developed stress fractures.  After this point, it will no longer provide as much protection as it would have when new, and may no longer be safe.  A good rule of thumb is that if the airbags deployed in an accident you should replace the car seat if it was in use.  (Likewise with seatbelts—seatbelts work by the material stretching to absorb impact: there is no way of knowing if they will protect adequately a second time.  That’s why many sanctioning bodies for motorsports won’t allow their reuse after a wreck.)

Secondly, and again like motorcycle helmets (which use the same materials), car seats have an expiration date.  Over time the foam padding and even the plastics will degrade and no longer provide the required levels of protection.  (Car seats are typically rated for six years from date of manufacture.)  All car seats will have a date of manufacture or expiration date stamped on them, and it’s a good practice to check the date before putting a car seat into service.

Let Us Assist You Today

Your child’s car seat is the most important investment we hope you will never need.  But if you or someone you love has been in a car wreck, rest assured that the skilled Miami legal team at the office of Alan Goldfarb, P.A. will be there to help you on your path to recovery.  Contact a representative today at 305-371-3111 or online to discuss your situation.

An All-Too-Common Scenario

On October 25, 2014, the 18-year-old driver of a 2004 Pontiac Grand Prix lost his life when his vehicle ran off the road and struck a tree. His four friends, ages ranging from 16-19, suffered serious injuries. Though it has been reported that only one of the passengers was wearing a seatbelt, there has been no information regarding whether alcohol or speed were factors in the crash. The vehicle suffered significant damage, and it is likely that speed may have been a factor.

Reports do indicate, however, that a neighboring resident believed “it was [just] a matter of time before somebody got killed on this road.” The neighbor said he had previously witnessed reckless driving, fast speeds, and several accidents. He hopes that the news of this crash will prompt new safety measures or lead other drivers to be more cautious when traveling on the dirt road.

How to Prevent Car Accidents

Despite the utmost caution, accidents do still occur. Obviously, obeying traffic signals, observing driving speeds, adjusting your driving to accommodate adverse road and weather conditions, and practicing “defensive driving” by watching out for others are among the best ways to avoid being involved in an accident. The National Highway Transportation Safety Administration estimates that seatbelt usage saves an average of 13,000 lives in the United States annually. Wearing a seatbelt has substantial benefits in high impact crashes; they can prevent a victim from being ejected from the car and into the road and can also allow an air bag to operate properly. There is a reason that Florida and most other states have laws requiring use of a seatbelt, although it should be noted that Florida has yet to join the ranks of other states that make failure to wear a seatbelt a primary offense. A primary offense is one in which a police officer can pull you over simply for violating that provision; a secondary offense means that the offender must be pulled over for something other than the offense in order to be cited for the violation.

Auto Accident Attorneys in Miami

Despite taking every precaution, auto accidents will affect many of our lives at some point. Auto accidents can cause physical injuries, loss of life, loss of ability to make a living, and loss of financial stability. At Alan Goldfarb, P.A., our experienced team of auto accident trial attorneys understands the devastating effect an accident can have on your life. We have the knowledge and experience to work with the people who are at fault for the accident, insurance companies, and hospitals to ensure you will be compensated to the full extent provided by law. We will help you navigate the civil justice system as quickly and effortlessly as possible to help get you back on your feet. If you or anyone you know has been injured or killed in a car accident, or have questions about your legal rights, please do not hesitate to contact our Miami-based office today.