The women were trying to make a left-hand turn. The truck, which was hauling portable toilets, hit the car from behind. The car spun into oncoming traffic where it was t-boned on the passenger side. The force of the blow was so severe that first responders initially believed there were only three victims. The bodies were so mangled that it wasn’t until later that they realized there was a fourth.

The driver had been issued three traffic citations prior to the accident including one for driving without a license.

The area, however, is known as one which produces a lot of accidents. The area between mile marker 78 and 80 sees a number of folks who pull over to launch boats and have picnics. After the crash, Monroe County Sheriff Rick Ramsay petitioned Florida Department of Transportation to reduce the speed limit to 45 mph.

When is a Company Liable in a Traffic Accident Lawsuit?

Typically, when a driver for a company hits, injures, or kills another driver while on the job, the company’s extensive insurance policy manages the payment to the injured party. However, if it can be successfully argued that the company employed the services of an unfit driver then the company can be targeted for punitive damages as well.

The claim boils down to negligence. A company has a duty to hire qualified and fit drivers to haul their products. When they fail this standard of care, they are endangering others on the road. If that breach of care causes injuries, then they are liable. If they knew beforehand that the driver was unfit or potentially dangerous to others on the road then they can be targeted for gross negligence with carries with it the potential for punitive damages.

Attorneys for the women’s families have come out to say that the driver’s conduct and the company’s willingness to keep him on the road is tantamount to manslaughter. That is very strong rhetoric. Chances are they will be targeting the company for punitive damages.

Will the Company’s Insurance Policy Cover This?

While most commercial insurance policies have very large policy limits, it’s unlikely that insurance alone will cover four wrongful deaths and punitive damages. In some instances, punitive damages can void the policy coverage. Either way, it is very likely that the company will be footing a large portion of the bill to settle this claim.

Alan Goldfarb P.A. Manages Personal Injury Lawsuits

Alan Goldfarb P.A. represents those who have been injured in accidents with commercial trucking companies. He and his team can you secure a fair settlement or take your case before a jury if the insurance company plays hardball. Give us a call at (305) 371-3111 or contact us online for a free consultation.

Resource:

miamiherald.com/news/local/community/florida-keys/article214432919.html

The question then becomes: what kind of duty do these cities have to maintain and create a safe environment for pedestrians and cyclists? In other words, do the cities themselves share a part of the blame for the volume of pedestrian deaths in the state?

The answer may be: sometimes.

City Municipalities May Be Liable Under Certain Circumstances

While it’s true that a pedestrian who files a lawsuit for personal injuries against the city in a motor vehicle accident is unlikely to win, there may be certain instances in which a case against the city can succeed. One major factor would be that neither the driver nor the pedestrian was at fault for the accident.

Hypothetically speaking, let’s imagine that a cyclist is riding along the side of the road and they are obeying every law. The cyclist hits a pothole in the road causing them to swerve into traffic where they’re hit by a car. In this instance, it’s hard to put blame on either the cyclist or the motorist for the accident. The most obvious cause of the accident was the pothole.

Now the question is: can the city be held liable for the cyclist’s personal injuries and the motorists property damage? The answer again: sometimes.

Government entities enjoy a certain immunity from civil liability. On the other hand, it is expected that whichever government entity has aegis over the roads will maintain those roads to provide safe passage for its citizens. In this sense, an accident caused by a pothole is no different than any other kind of personal injury lawsuit. That is to say, negligence is the key factor in a successful personal injury suit of this nature.

What does that mean? It means the city has a duty to repair potholes once it has become known to them that there is one. If they don’t act in a timely manner, and someone is injured as a result, then the city can be held liable, particularly when there is no one else to blame for the accident.

Practically speaking, is this a good strategy for your personal injury suit? That depends entirely on whether or not there are other avenues open to you. Suing the city for a failure to maintain the roads is a difficult task. A much easier task would be suing the driver if their insurance does not cover your full expenses. Nonetheless, the city can be sued.

We Can Help You Today

If you have been injured in Miami, we can help you recover the compensation that you deserve. Contact our attorneys at the office of Alan Goldfarb, P.A. and we’ll do the research necessary to ensure that you get the best possible settlement for your case.

Resources:

orlandoweekly.com/Blogs/archives/2018/03/06/florida-is-the-second-worst-state-in-the-country-for-pedestrian-deaths-says-study

fdot.gov/legal/Claims/ClaimsHomePage.shtm

Dangers Of Cruising

Though it is too soon to know exactly what happened to lead to this terrible accident, incidents occurring upon cruise ships – thankfully, most of which have far less tragic results – happen regularly. Whose fault is it when an accident occurs, however? The cruise ship guest? Or the cruise line? Though each case will depend upon the individual circumstances and facts of the case, accidents that occur on cruise ships are often found to be a result of negligence on the part of the cruise ship to some extent.  Whether it is a slip and fall on a wet cruise deck, a trip down a narrow set of stairs, or drunken fall in the ship’s lounge, any time an incident occurs that is foreseeable, the property owner – or in this case, the cruise ship or cruise line – may be held liable for the injuries and losses sustained by the accident victim.

The Special Circumstance Of Alcohol-Related Cruise Accidents

One of the more popular add-ons available to cruise passengers in recent years is comprised of unlimited drink packages. Certainly it makes sense that passengers are going to drink on a cruise – after all, they are not driving, and they are on vacation – so why not?  However, an argument can be made that by offering these unlimited alcohol packages to cruisers, the cruise lines are setting themselves up for higher risk of accidents, from slips and falls on the decks to falling overboard. Some of the elements of a premises liability case include a property owner’s knowledge of a hazardous situation and the subsequent failure to fix the situation. Indeed, another argument can be made that offering a vacationing passenger the opportunity to drink as much as they want can create a hazardous situation, and if a passenger then becomes injured as a result, the cruise ship must bear some blame.

Have You Been Injured On A Cruise? Alan Goldfarb, P.A. Can Help

If you have experienced an accident while on a cruise ship or other type of boat, the attorneys at Alan Goldfarb, P.A. can help. After nearly four decades of handling these types of cases, we have the experience you can count on to get the results you deserve. The Miami cruise ship accident attorneys at the office of Alan Goldfarb, P.A. will go over your case to assess the best way to proceed and will develop an effective case strategy to help you receive the compensation you need for your losses. Contact us now to schedule your appointment and let us help you get started today.

Resources:

huffingtonpost.com/spencer-aronfeld/the-dangers-of-prepaid-be_b_8687992.html

cruisecritic.com/articles.cfm?ID=1470

local10.com/news/search-suspended-for-man-who-went-overboard-cruise-ship

A man was killed and another one injured as a result of an accident involving a BMW and a Publix truck on US Highway 1 one recent Tuesday morning. The crash, which occurred in the early morning hours, shut down both sides of the highway as authorities worked to clear the wreckage and tried to assess what happened. The driver of the BMW was killed, and his passenger transported to an area hospital, though the driver of the truck was not physically injured. According to reports, the driver’s cell phone was found near his hand.

Distracted Driving – Dangerous And Deadly

While there is no determination in this case whether the accident was the result of distracted driving, the discovery of the cell phone near the driver’s hand does bring the possibility to light. Distracted driving – in particular, texting while driving – is a growing problem as society in general becomes more and more dependent upon technology and social media. The dangers of texting and driving are well documented and known to all of us, yet the practice shows little signs of stopping. Distracted driving in general is any type of activity, whether mental or physical, that causes a driver to take his or her focus off the road. It may be caused by any kind of electronic devices such as cell phones, DVD players, the radio, and navigation systems, other distractions both inside and outside the vehicle such as other passengers’ activities or an animal on the road, and even a driver’s wandering mind.

The Name Says It All

Florida law prohibits texting while driving – which can easily be determined just by the name of the law itself – “Florida’s Ban on Texting While Driving Law.” Enacted with the intent of improving safety on the roads for everyone using the road, preventing crashes, and reducing the human and property costs of crashes caused by texting and driving, the law authorizes police officers to cite drivers who are texting while driving – but only as a secondary offense after having been pulled over for another reason. Exceptions to the law are in place for those using electronic devices for valid reasons while behind the wheel, such as those working as emergency personnel, or to receive emergency or safety information, or for those using hands-free technology; in general, however, the ban applies to everyone behind the wheel of a vehicle being operated on Florida’s roads.

Have You Been Injured In An Accident Involving Distracted Driving?

If you or someone you love has been injured in an auto accident caused by distracted driving, it is important that you speak with an attorney to learn about your rights and responsibilities under Florida law. You may be entitled to compensation for your injuries and losses, but you will need to take prompt action to ensure you do not lose those valuable rights. The Miami attorneys at the office of Alan Goldfarb, P.A. will work with you to determine the best case strategy to maximize your results and will fight hard for your rights every step of the way. Contact us now so we may help you get the results you deserve.

Resource:

local10.com/traffic/fatal-crash-involving-publix-truck-bmw

When we think of car accidents, we most often picture two (or more) automobiles colliding on the roadways. Sometimes, however, a car accident involves a non-traditional vehicle – and in Florida, those non-traditional vehicles are often golf carts. Accidents involving golf carts can be especially devastating, particularly when children are involved. One Florida family has experienced this tragic type of event first-hand as a result of an accident involving their pre-teen boy over the summer holidays. The 12-year-old boy, along with four other children, was riding in a golf cart when the cart was struck by a car; he is still recuperating from the injuries he suffered but is finally back home with his family.

A Rise In Golf Cart Accidents

In Florida, golf carts are an increasingly common mode of transportation, particularly in retirement communities. To be certain, the advantages of using a golf cart cannot be denied – they are convenient, use less energy than a car, and – for better or worse – a license is not required to drive one. Florida law states that golf carts may not be operated on public roads or streets by anyone who has not yet reached 14 years of age, but aside from that, there are no prohibitions against driving a golf cart – so what that means is that children who have not yet gone through any driver’s education courses and are not yet old enough to drive a car can legally drive a golf cart on the roads. Add to that the fact that golf carts are open vehicles without the types of restraints such as seat belts that are required in traditional vehicles or the safety regulations associated with bikes and motorcycles and this is clearly a recipe for disaster. Studies show that a disproportionate number of golf cart accidents involve children under the age of 16.

Increasing Golf Cart Safety – A Cooperative Effort

Ensuring the safety of those using golf carts is a goal requiring effort on the part of not only those driving and riding in the cart, but on the part of drivers of traditional vehicles who find themselves in an area with golf cart traffic – certainly a common scenario in Florida. Drivers of golf carts need to follow common safety rules along with Florida law, and drivers of other types of vehicles need to be aware of the presence of golf carts and exercise additional safety measures.

Let Us Help You With Your Case

If you or a loved one has been injured in an accident in which your golf cart was struck by a motor vehicle, you are entitled to compensation for your injuries. The attorneys at the office of Alan Goldfarb, P.A. have experience handling these types of cases on behalf of clients just like you. Our Miami car accident attorneys will work with you to determine where the fault for your accident lies and how to best proceed in order to get the results you deserve. Do not delay – contact us today to allow us to help you get started towards your recovery.

Resource:

wsvn.com/news/the-lowedown/12-year-old-boy-home-after-devastating-golf-cart-accident/

In what had to seem like a scene straight out of a movie, residents of a retirement community who were enjoying time together in the activity room were surprised by a rampant squirrel that had gotten into the building. The squirrel attacked several people who suffered injuries including bites and scratches during the incident.

On A More Serious Note

In this bizarre incident, no one was seriously injured and officials note that everyone was doing fine. While this may be one of the strangest accounts of nursing home-related incident, the issue of nursing home injuries and elder abuse in general is one of a very serious nature. Choosing to place an elderly relative in an assisted living facility or nursing home is usually the result of a long and difficult decision-making process, and the last thing that you want to have to worry about is the care that your loved one is receiving. Sadly, however, elder abuse occurs with some regularity and, even worse, it can be difficult to detect.

Elder Abuse In Florida

In Florida, as in many other jurisdictions, elder abuse is clearly a crime. However, the concept of what constitutes elder abuse may not be quite as clear. According to Florida Code Section 825.102, intentionally causing physical or psychological harm to an elderly person is abuse. Additionally, committing an act that one could expect to have this result would be considered elder abuse, as would encouraging another person to commit such an act. Neglect and financial exploitation are also common types of elder abuse. The state of Florida seeks to protect its elders and has established the Adult Protective Services Act, which provides for the mandatory reporting of suspected elder abuse.

Signs Of Elder Abuse

Signs of elder abuse can often be difficult to detect or take seriously at first, but it is important to be aware and pay attention if something does not seem right. Taking note of tension between your loved one and their caretaker or of personality or behavioral changes in your loved one is an important step in recognizing a problem. Any signs of physical injury should be investigated promptly, and watching for indications of emotional abuse such as a caregiver’s threatening or controlling behavior of the elder is imperative. Signs of neglect can include unexplained weight loss or physical conditions such as bed sores, lack of cleanliness, or not being dressed properly for weather conditions, and financial exploitation can be evidenced by changes in your loved one’s financial condition or unpaid bills.

Contact Alan Goldfarb, P.A. For Your Elder Abuse Matters

If your loved one has been the victim of elder abuse, contact Alan Goldfarb, P.A. Our experienced Miami attorneys will fight hard for your loved one to receive the relief they deserve for the injuries they have suffered. Everyone deserves the best representation possible, especially our elders, and you can rely on us to provide that level of legal work. Contact us today to set up your meeting at no cost and get started towards recovery today.

Resource:

nbcmiami.com/news/local/Squirrel-Attacks-at-Least-3-at-Florida-Senior-Center-400045221.html

Florida Is A No-Fault State

Florida is a no-fault car insurance state which simply dictates that regardless of who is at-fault for the car accident, the policyholder will be covered by their personal injury protection for their medical and non-medical expenses. Therefore, no matter who is to blame for the accident, the policyholder’s insurance will kick into action and cover qualified expenses.

Florida’s Auto Insurance Requirements

The State of Florida requires that every motor vehicle owner maintain a minimum amount $10,000 of personal injury protection (PIP) and a minimum of $10,000 no-fault property damage liability (PDL). However, state law does not require a motorist to obtain uninsured motorist coverage. Considering the State of Florida has the second highest rate of uninsured motorists in the nation, obtaining uninsured motorist coverage is not only wise but a prudent calculation on your part.

Uninsured Motorist Coverage In Florida

Uninsured motorist coverage provides payments to policyholders hit by uninsured drivers, hit and run drivers or underinsured drivers. In 2012, 23 percent of all drivers in Florida were uninsured, therefore in the average accident there is a 1 in 5 chance that a driver does not carry adequate insurance. Despite the likelihood of an accident in Florida involving an uninsured driver, uninsured motorist coverage is not required by the state. Although insurance companies are required by law to offer policyholders uninsured motorist coverage, such coverage still remains optional. Despite the current voluntary nature of uninsured motorist coverage, the statistics are clear: Florida has one of the highest rates on uninsured drivers on the road and uninsured coverage may be critical to receiving just compensation

Reach Out to Us for Assistance

Uninsured motorist coverage will pay you or your passenger/family members when the negligent driver who hit you does not have insurance or adequate coverage to cover your damages. Although obtaining uninsured motorist coverage is optional in the State of Florida, it is statistically wise to purchase such coverage. If you or anyone you know sustained injuries or damages with an uninsured or underinsured driver, contact the lawyers at the Miami office of Alan Goldfarb, P.A. to explore your options for compensation.

What Are They?

A tort occurs when someone performs a wrongful act, like an assault or robbery, on another person, who can then sue the tortfeasor in court to recover damages. Based on that, a toxic tort is just what it sounds like; a tort that occurs due to a toxin, a poison, which is introduced to the injured party. For example, if someone is injured from asbestos exposure, groundwater contamination, or pollution, this could be considered a toxic tort.

What Do The Cases Look Like?

Toxic tort cases are not easy. While no cases are guaranteed to win, these are particularly difficult to prove for a number of reasons. First, the cases generally involve multiple plaintiffs or defendants, depending on the harm. For example, if the drinking water is polluted, then a large group of people who drink the water would be harmed, and they could file together. Next, it is very hard to prove the required element of causation. While the plaintiffs may clearly be injured, and the water may clearly have something wrong with it, it is incredibly hard to prove that the water caused the illness. This gets even trickier over time, and almost all court cases take a lot of time. So, if your case gets to the discovery phase, it may be years after you filed and some evidence may have been lost or may no longer be available.

Toxic torts are not that common, but the discussion about what qualifies as toxic or harmful is still in full swing. Certain parties have been trying to pass a law for years that would make asbestos illegal in the country, which would in turn help plaintiffs suing for exposure. Just this year, the House of Representatives passed a bill that updates the asbestos law, increasing the safety testing requirements and removing some of the loopholes that allowed companies to hide the information that would betray asbestos. This bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, is a big step in the right direction for the health of the country and the legal system as a whole.

Reach Out to Us for Help

If any of this sounds familiar to you now or comes up in the future, contact us at the office of Alan Goldfarb, P.A. We will talk to you about your case and discuss filing and what the damages may be.

The Development of Dash Cam Technology

Dash cams first came into widespread use in Russia where they are regularly used in nearly one million vehicles as a method to fight rampant insurance fraud and police corruption, and quickly spread to large parts of Asia and many other places in the less developed world where citizens regularly had to contend with similar problems.  When they first entered use in the United States a number of years later they quickly became popular with law enforcement and commercial shipping companies who were looking for a way to provide definitive evidence to fight insurance fraud and disprove false allegations that, at the time, were often made against police officers involved in traffic stops.  However, for almost a decade the size and price points of the units were such that they were not a viable option for private individuals.

Developments in the technology, particularly the development of relatively inexpensive CMOS sensors, has drastically improved quality while lowering the price of these units, leading to them being adopted by the general public.  Companies like the industry leader GoPro and a variety of others now produce units ranging in price between $60 and $400 and offer a wide variety of feature sets.

The Benefits Of Dash Cams

Insurance companies in a number of European and Asian countries offer policy discounts to customers who have a dash cam in their vehicles. Insurance carriers in the United States do not generally offer this discount to policyholders; however, as dash cams develop a longer track record of being influential aids in insurance litigation and personal injury cases, Americans will, in all likelihood, be offered these benefits as well.

Even without saving you money on your car insurance premium, there are many benefits to having a dash cam, particularly in the event you are in a car wreck: a driver having video evidence of what actually occurred in a wreck can turn a situation where the negligent party’s insurance carrier  would take a chance litigating a claim into one where the adjusters decide it would be more financially beneficial to settle it quickly, even at a higher rate, than spend the money to take it to court.

Having video evidence of a wreck is also a useful defense against an insurance practice called “fault shaving.”  Fault shaving is a practice where an insurance company attempts to shift some of the blame for a car accident onto one or more of the victims to reduce their financial liability, and is often seen in situations where a stopped vehicle is hit from behind and forced into the car in front of it.  By arguing that the middle car actually hit the front one before it was rear ended by the last car, the insurance adjuster of the car that actually caused the wreck may end up only having to pay damages to the middle car, and not both cars at the front of the wreck.  (The middle driver’s insurance would then unfairly have to pay for the damages of the front car.)

Contact Us for Help

Acting quickly is always essential when a person is attempting to recover damages for an auto wreck.  If you or someone you love has been injured in a car wreck, contact a representative at the office of Alan Goldfarb, P.A. in Miami online or by telephone at 305-371-3111 to discuss your potential case and learn about your options.