The lawsuit claims that Tesla did not accurately advertise the autopilot’s capabilities. Tesla claims its autopilot can successfully transport passengers on highways with minimal oversight. While it may leave something to be desired, the fact that the man was operating the vehicle at such a speed may limit his ability to collect damages from Tesla.

Product Liability and Autonomous Car Accidents

There is at least one problem initiating a product liability lawsuit like this against Tesla: The autopilot was not being operated in the manner that it was intended to be. The driver, who miraculously escaped without injury, was operating the vehicle too quickly and the autopilot is not advertised as fully autonomous. The car requires human oversight to ensure its proper functioning. Tesla says as much in literature that it provides to those who purchase Tesla vehicles.

However, the man claims that the Tesla representative that sold him the vehicle assured him that the self-driving feature was fully autonomous. The man claimed he was “relaxing” while the car was operating at 80 mph and that the autopilot’s failure to detect a stationary car at 80 mph is enough to warrant liability.

In this case, the plaintiff’s will argue that Tesla failed to warn the man that the autopilot had difficulty functioning at over 50 mph and struggles to detect vehicles that are stationary.

The problem is that the car and its autopilot are not meant to be operated at 80 mph. Humans would also struggle to react in time to a stopped vehicle if they were traveling at 80 mph around a curve.

Is There Such a Thing as an “Autonomous” Vehicle?

Not yet. In order to function properly, an autonomous vehicle AI must be able to differentiate between objects such as cars, people, roadkill, and tumbleweeds. The problem, of course, is that it can’t. In many cases, autonomous vehicles ignore what are known as “false positives” in order to prevent the car from braking every two seconds. Stationary objects thus present a bit of a problem for autonomous vehicles, especially those traveling at higher speeds.

The extent to which Tesla is responsible for that defect in their product depends greatly on warning the consumer as to the implicit danger of literally falling asleep at the wheel while the car is still in motion.

Talk to a Miami Personal Injury Attorney

The office of Alan Goldfarb P.A. handles a wide variety of personal injury claims in the city of Miami. If you have been injured by another’s negligence, including a company, we can help you recover damages. Give us a call or contact us online to set up an appointment.

Resource:

cleantechnica.com/2018/11/01/tesla-autopilot-lawsuit-may-affect-autonomous-driving-rules/

For instance, if a self-driving car is involved in a car accident, who would be at fault?

In a no-fault state like Florida, more often than not, it may not matter. Yet when there are serious personal injuries involved, those who are at fault for auto accidents may be liable for the injured party’s medical expenses and non-economic damages, including pain and suffering. The question then becomes: who would an injured party sue in a personal injury lawsuit when a self-driving car is at fault in an accident?

Disruptive Technologies and the Law

The courts are always going to be one step behind the technology innovators when it comes to issuing judgments in these types of cases. This is just a matter of how things tend to operate. When a new technology is introduced, and that technology is found to have acted defectively, it confuses two areas of personal injury law. The first is product liability and the second is traffic liability.

Since Florida is a no-fault state, are manufacturers of self-driving cars going to be insulated from damages stemming from product liability suits? Probably not. Secondly, they’re going to be implicated in traffic liability suits. If the car’s AI can be shown to be more at fault than another party involved in a traffic accident, then it stands to reason that the car itself and the individuals that manufactured the autonomous driving system would be to blame for the accident.

The State of Florida has little to say one way or the other on this issue. In 2016, Florida legislators expanded allowances that made it ok to operate autonomously driven vehicles on Florida roads.

Previous Lawsuits Involving Autonomous Vehicles

There have been a couple of cases involving the defective operation of an autonomously driven vehicle.

In May of 2016, one man’s Tesla Model S collided with a semi-truck. In this case, the software was found to have been defective. Neither the man nor the car’s internal sensors saw the semi. The sensors were determined to have failed because of the height of the semi and the glare from the sun. Tesla updated the software with a patch designed to make better use of the car’s radar.

Another incident involved the death of a pedestrian who was struck by an autonomously operated Uber vehicle. In this case, the car never appeared to slow down before it struck the woman, and the individual who was behind the wheel was found to have been not paying attention to the road. Uber settled the case with the victim.

Since most self-driving cars are still designed to operate with drivers, it’s difficult to predict what will happen once these cars are allowed to operate without drivers. Liability can end up resting with multiple parties including:

• The owner of the vehicle
• The AI software developer
• The car manufacturer
• The parts manufacturer

It will depend on what the investigation reveals.

Have You Been Injured in a Traffic Accident?

Let the skilled attorneys at the office of Alan Goldfarb, P.A. in Miami get you the money that you deserve. Give us a call at 305.371.3111 and we’ll begin discussing your case immediately.

Resources:

jdsupra.com/legalnews/self-driving-cars-and-personal-injury-85985/

reuters.com/article/us-autos-selfdriving-uber-settlement/uber-reaches-settlement-with-family-of-autonomous-vehicle-victim-idUSKBN1H5092

ncsl.org/research/transportation/autonomous-vehicles-self-driving-vehicles-enacted-legislation.aspx

nytimes.com/2016/07/02/business/joshua-brown-technology-enthusiast-tested-the-limits-of-his-tesla.html

Two people were reportedly in the car when the crash occurred and had to be taken to the hospital for emergency medical treatment. Police continue to investigate the wreck.

One of the individuals inside the car was a passenger and is likely going to be left with severe bodily injuries considering the sports car was literally split in half and burst into flames as a result of the wreck. When a passenger is injured in a car wreck, they have the same rights as a driver to pursue financial restitution for their medical expenses, lost income, pain and suffering, and potentially other damages.

If you or a family member was a passenger in a vehicle that was involved in a serious wreck, contact an experienced Miami auto accident lawyer to discuss your legal options.

Liability Typically Not an Issue

When a passenger is hurt in an accident, a hurdle they get to avoid is establishing fault. When a driver is injured in an accident, the issue of liability is ever-present because if liability cannot be established on a driver, then their auto insurance company will likely refuse to pay any claimed damages from the wreck. With a passenger injury claim, liability is not really an issue at all. This makes it somewhat easier to obtain financial restitution for your harms and losses.

If you were a passenger in a vehicle that was hit by another car, you could potentially file a claim against the driver of the vehicle you were in and the other vehicle, depending on the facts of your case. This could potentially result in a double-recovery, if there is evidence that both drivers were partially at fault for causing the collision.

Filing a Claim Against a Friend or Family Member

You may feel somewhat uncomfortable with the prospect of filing a legal claim against a close friend or relative. However, it is important to keep in mind that the reason people have automobile insurance is to compensate injured drivers and passengers for the harms they suffered. Your friend or family member is typically not on the hook personally for any monetary award or settlement amount.

Miami Auto Accident Lawyer Ready to Help

The Miami auto accident attorneys at the office of Alan Goldfarb, P.A. are ready and able to assist you if you were seriously injured as a passenger in a car wreck. You probably have questions and concerns about how you will be able to pay for the myriad of expenses and unanticipated costs associated with a serious injury. We are here to help. Contact our office today to schedule a free, confidential case review.

Resource:

miami.cbslocal.com/2017/10/13/lambo-split-in-half-in-fiery-crash/

The answer is, generally, yes you can still pursue a personal injury claim against the other driver, even if the accident occurred in the midst of a bad storm. The underpinnings of a personal injury claim are based on establishing negligence. If there is evidence that the other driver acted negligently and that negligence caused the collision, you have a basis for pursuing a personal injury claim. Negligence basically means that the other driver was careless in the operation of their vehicle and harm was caused to another as a result. The presence of rain, wind, and lightning does not negate a drivers duty of act reasonably when they are on a road or highway.

Drivers Must Exercise Reasonable Care

Florida law requires all motorists operate their vehicles with reasonable care. This requires remaining aware and vigilant when they are on the road. Failing to exercise reasonable care constitutes negligence.

This means if the other driver was speeding or failed to yield at an intersection, they were negligent.

In addition, if there was a mechanical failure in the other driver’s vehicle that was the product of neglect by the vehicle owner (e.g., balding tires or worn brakes), they can be held liable for their neglect.

If negligence is established, you can hold the other driver liable for the harms and losses stemming from the collision. This would include reimbursement of your medical bills and lost wages. You could also seek compensation for the pain, suffering, and inconvenience associated with the accident.

Florida Allows Pursuit of Damages for Plaintiffs Who May Have Contributed to Causing a Collision

Even if you were partially at-fault for causing the accident, you may still be able to pursue a claim for monetary damages. This is because Florida is a comparative negligence state. Basically, this means each party is held liable for their own negligent actions, or inactions. If you are deemed to have contributed to causing the wreck, any award of monetary damages will be reduced by your percentage of fault.

For example, if you have $50,000 in damages from a car accident and were considered to be 20 percent at-fault for causing the crash, a jury would reduce your damages award by that 20 percent so you could only recover $40,000.

Speak to an Experienced Miami Car Accident Lawyer To Learn More About Your Legal Options

As you can see, even if your accident occurred during a bad storm, you may still be able to pursue monetary compensation for your injuries. Let the Miami law firm of Alan Goldfarb, P.A. assist and help guide you through the complex legal process. Our attorneys possess decades of litigation experience and have represented countless numbers of injured motorists.

Resource:

washingtonpost.com/news/post-nation/wp/2017/09/13/irma-death-toll-rises-as-5-dead-at-south-florida-nursing-home/?utm_term=.4be6fb10ea8d

The crash was so intense that it caused the Explorer to fly into the air, hit a billboard and roll down the road before it ultimately burst into flames. Three teenage occupants of the Explorer were killed in the crash. The oldest was only 16 years old.

The teenagers were reportedly filming themselves as they raced with another vehicle when the driver ran a red light and crashed into the other vehicle.

Obeying the Posted Speed Limit is Critical For Public Safety

Under Florida Vehicle Code § 316.183(1), no driver is allowed to operate a vehicle at speeds greater than what is “reasonable and prudent” given the circumstances and conditions on the road being traveled. Failing to adhere to this statute can result in a traffic citation, monetary fine, suspension of your driver’s license suspension, and, as illustrated above, serious collisions where drivers and passengers suffer catastrophic injuries and death.

In Florida, county roads and interstates have speed limits of between 55 and 60 miles per hour, with speeds of up to 75 miles per hour on four-lane expressways.

Deadly Accidents a Common Occurrence in Florida

Unfortunately, many drivers on Florida roads and highways ignore these traffic regulations putting themselves, and other motorists, at risk. In fact, the National Safety Council released a study showing a 43 percent increase in automobile accident deaths in Florida in the first half of 2016 when compared to the number of fatal wreck in 2014. This resulted in Florida receiving the dubious honor of having the largest percentage increase for car wreck deaths in the country.

There were nearly 375,000 car accidents in the state of Florida in 2015. Data indicates that more than 30,000 car wrecks occur each and every month. The data from Miami is just as troubling. A six-year time period was examined by analysts to discover that one in every six car wrecks in Florida took place somewhere in Miami and its surrounding localities. In fact, roughly 4,000 automobile accidents take place in Miami each month.

Serious Accidents Require Serious Representation

As you can see, thousands of people have their lives turned upside down in automobile accidents in and around Florida. The law firm of Alan Goldfarb, P.A. is here to help. Our team of attorneys possesses decades of experience representing people seriously injured in automobile collisions. We have taken complex car accident cases all the way to trial and gotten results for our clients. If you or a family member was involved in a car accident caused by the carelessness of another driver (e.g., a speeding driver), then contact our office today for a free initial consultation.

Resource:

tampabay.com/news/publicsafety/crime/teens-in-stolen-car-crash-had-126-arrests-murder-charges-possible-wvideo/2332984

The victim, a fellow officer of the court, suffered catastrophic injuries including broken ribs, a severed spine, collapsed lungs and paralysis in his legs, according to the Miami Herald.

Fortunately, the reckless and callous driver that caused the accident was apprehended after he ditched his rented Nissan Armada near the criminal courthouse in Miami. He is now facing charges of leaving the scene of an accident involving serious bodily injury and reckless driving.

An investigation into the accident revealed that surveillance videos caught the careless driver speeding at over 100 miles per hour in a reckless manner. His Nissan weaved through traffic, changed lanes and wound up hitting the back of the victim’s Honda Civic at about 95 miles per hour, according to the aforementioned Miami Herald article. The victim’s vehicle was propelled nearly 400 feet into a wall. The careless driver went on his way with no regards for the well-being of the driver he just hit.

Hit-and-Run Causing Injury is a Felony in Florida

Under Florida law, leaving the scene of an accident is defined as the failure of a driver to remain at the site of a vehicle crash and fulfill other statutory duties when the crash involves death, bodily injury, or property damage. The reckless driver in the awful collision above committed this heinous act.

A hit-and-run involving injuries is classified as a third degree felony, with penalties of up to five years in prison and a $5,000 fine.

Potential for Punitive Damages

In serious car accident injury cases where the reckless driver’s behavior was outrageous or egregious, punitive damages can be pursued along with economic and non-economic damages such as medical bills, lost wages, and pain and suffering. Punitive damages are intended to punish the reckless party and are not directly tied to the injuries of the victim.

Pursuing punitive damages requires evidence of gross negligence or intentional misconduct. In most auto accident injury cases, gross negligence is the basis for seeking punitive damages. Gross negligence is conduct that is reckless and wanton constituting a conscious disregard or indifference to another person’s safety, life, or rights.

For most personal injury cases, there is a limit in place for punitive damages. An injured party can only receive three times the amount of compensatory damages or $500,000 whichever is greater, according to Florida statute Title XLV section 768.73.

Contact Our Miami Auto Accident Attorneys Today

The conduct of the reckless driver that severely injured a fellow attorney is outrageous and showed a complete disregard for the safety and well-being of the attorney, and other drivers on the road. If you or a loved one was involved in a similar accident with a reckless driver who then fled the scene, speak to the attorneys at the office of Alan Goldfarb, P.A. We are here to help. Contact our office at 305-371-3111 or toll free at 866-936-9761 to schedule a free, confidential consultation.

Resource:

miamiherald.com/news/local/crime/article153753204.html

This is a common mistake people make and auto insurance companies try to capitalize on these gaps in order to reduce or deny a personal injury claim. They will argue, “if you were hurt so bad, you would not have waited xyz number of days before seeing a doctor.” Or, they’ll argue that you missed a significant number of treatment sessions, which means you were able to resume your normal life shortly after the collision and you should therefore not be awarded a substantial sum for your injury claim.

How Gaps in Treatment Can Seriously Harm Your Personal Injury Case

If you go to the emergency room, or your primary care physician, soon after your automobile accident and the doctor writes maintenance instructions for you in your medical records, you need to follow them. If you do not follow these instructions and there are large gaps (e.g., weeks or months) in treatment, it raises questions about the extent of your injuries and may result in a judge or jury being extremely skeptical about awarding you monetary damages.

Being Finalized and Maximum Medical Improvement

It is frustrating when reviewing the medical records of clients to see doctors advising patients that they have been “finalized” or have reached “maximum medical improvement.” This often causes patients to think that they do not need any further treatment or follow-up care.

Rehabilitative and Palliative Care – Two Sides of the Same Treatment Coin

The forms of medical treatment you should be aware of include the following: (i) rehabilitative care and (ii) palliative care. Rehabilitative care (often referred to as “rehab”) is where a medical professional attempts tries to stabilize an injury and ensure it does not get worse (e.g., a broken arm not getting treated could become infected). After a few months of rehabilitative care, patients often reach a point where they are considered to have reached a full recovery (sometimes called max medical improvement). At this point, patients mistakenly believe that their medical care is over. This is not true. The next step should be seeking palliative treatment, which is to ensure your injuries do not regress. Palliative treatment could also be described as a tuneup for the body. This form of treatment addresses systemic symptoms and discomfort caused by your car accident injuries. Palliative care is intended to improve the intangible aspects of your life and overall physical well-being. Examples of this form of treatment include physical therapy, chiropractic care, medication, and periodic assessments by your primary care physician.

Overcoming Gaps in Treatment

There are many strategies your Miami car accident lawyer can utilize to overcome any “gap in treatment” arguments raised by the auto insurance company. For example, testimony from you, your friends, family members, and co-workers can help establish the fact that you were continuing to suffer from pain, even if you were not in an established treatment program for your injuries.

Contact Our Miami Auto Accident Attorneys Today

As you can see, having an experienced personal injury lawyer on your side is important. That is why you need to contact Alan Goldfarb, P.A. in Miami today. Our legal team will advise you and your loved ones of your legal options. Contact our office at 305-371-3111 or toll free at 866-936-9761 to schedule a free, comprehensive case review.

The pick-up truck was forced onto the shoulder and ultimately slammed into a fence. Both drivers died at the scene of the crash. In addition, multiple vehicle occupants involved in this awful collision suffered serious, life-threatening injuries. 

Aggressive Driving a Serious Safety Issue

Eight out of 10 drivers surveyed in AAA Foundation’s annual Traffic Safety Culture Index ranked aggressive driving as a serious risk that jeopardizes their safety while traveling on roads and highways. This concern is warranted. Aggressive driving actually accounts for more than half of all deadly auto accidents in the United States. Aggressive driving is such a common occurrence in Florida that the Highway Patrol initiated a safety campaign focused on ticketing aggressive drivers to try and cut down the number of serious automobile collisions, according to the Sun Sentinel.   

What is Aggressive Driving?

People oftentimes think aggressive driving is confined to instances of “road rage.” In reality, many common driving behaviors, including racing, failing to comply with street signs and traffic regulations, and getting into confrontations with other drivers, qualify as aggressive driving.

According to Florida statute 316.1923, “aggressive careless driving” is defined as committing two or more of the following acts simultaneously or in succession:

• Exceeding the posted speed limit;
• Unsafely or improperly changing lanes;
• Following another vehicle too closely;
• Failing to yield the right-of-way;
• Improperly passing another vehicle; and/or
• Violating traffic control and signal devices.
  

Why Should I Hire a Personal Injury Lawyer?

There are myriad of reasons why it makes sense to retain the services of an experienced Miami personal injury attorney. A major reason is the alleviation of stress and anxiety. In many cases, shortly after a serious accident, an injured driver is inundated with requests for paperwork from law enforcement, auto insurance companies, and medical professionals. The injured driver is often overwhelmed and is simply trying to keep their head above water. This is where a lawyer can step in and take the burden off of you in many respects. You should focus on your recovery and trying to get back to 100 percent. An experienced attorney can file the necessary paperwork with the insurance company, investigate the accident, collect relevant evidence, speak to witnesses, and file suit (if necessary).

An attorney can also ensure your legal rights are protected. For example, there is a statute of limitations in place for personal injury cases. This means that you are limited in the amount of time you have to file a personal injury lawsuit. If you wait too long and try to file suit after the statute expires, you will likely be barred from going forward in court.

Contact Our Miami Car Accident Injury Attorneys

The Miami legal team at the office of Alan Goldfarb, P.A. is ready to help you and your family after a serious accident. We will advise you of your legal options and advocate on your behalf. Contact our office at 305-371-3111 or toll free at 866-936-9761 to schedule a free, confidential consultation.

Resources:

aaafoundation.org/aggressive-driving

sun-sentinel.com/local/broward/fl-fhp-aggressive-driver-crackdown-20161012-story.html

miami.cbslocal.com/2017/05/21/three-killed-central-florida-crash/

A local surfer is quite lucky to have suffered no injuries – and escaped potential tragedy – when she hydroplaned off a Hillsboro Beach road and into the Intracoastal Waterway. According to the woman, she had been surfing in Pompano Beach and decided to head to Deerfield Beach instead in search of better waves. While this crash victim could not have been more lucky, for many others driving in hazardous weather conditions, the outcome is not as fortunate.

Heed Hurricane Advice

Particularly in Florida, during any storm, and certainly during hurricane season, drivers need to be mindful of road conditions that are either bad to begin with or that could deteriorate rapidly due to rain and wind. Failure to follow the advice to stay off the roads or, if you must venture out, to follow simple safety measures, can truly make the difference between life and death – not just yours, but others on the road as well. Whenever extreme weather conditions are forecasted, the news is filled with articles containing safety tips and preparation guidelines. Many of these specifically note the importance of staying off the roads, along with other precautions, such as avoiding bridges.

Hydroplaning Dangers

One of the main concerns with driving on wet roads and during stormy weather is that of hydroplaning. This condition occurs when your vehicle’s tires lose traction as a result of becoming separated from the road surface by water – even a thin film is enough to cause hydroplaning to occur. When this happens, you lose control of your vehicle and are unable to steer or brake. As one can imagine, accidents can result quickly under these circumstances and tragic events can rapidly unfold.

Preventing Hydroplaning

The best way to prevent hydroplaning is to heed officials’ warnings to stay off the roads in the first place – there is really no good reason to be out driving around in a hurricane. If there is some pressing reason to be out on the roads, simple preparation can help lessen the chances of hydroplaning – proper tire inflation and replacing old and worn tires as necessary are good practices. Once on the road, drive slow and avoid pooled water, do not slam on the brakes, and make turns slowly and carefully. If you find yourself beginning to hydroplane, it is important to ease off the gas and brakes and hold the steering wheel steady until you regain control to lessen the chances that you will cause or be involved in an accident.

Have You Suffered Losses Due To An Auto Accident?

If you have been involved in a motor vehicle accident, the damages and losses suffered as a result can be catastrophic. If the accident was the result of someone’s negligence, you may be entitled to compensation for you losses including medical expenses, lost wages, and pain and suffering. Our experienced auto accident attorneys can help you to identify where the fault lies for your accident and from whom you should recover damages. Put our experience to work for you today. Contact us now at the office of Alan Goldfarb in Miami to schedule your free consultation and start working towards getting your life back.

Resource:

http://www.local10.com/weather/hurricane/surfer-hydroplanes-car-off-road-into-intracoastal-off-hillsboro-beach

Are Cars with Autopilot Dangerous?

A recent story reporting the fatal crash involving an automobile driver using the Autopilot feature of the new Tesla has seen quite a bit of coverage in the press. Tesla Motors, following an investigation by the Senate, has reported that, contrary to popular belief, it wasn’t the Autopilot feature that was at fault. Instead, the crash-prevention system and brakes were the main features that caused the death of the driver using Autopilot at the time of the accident. From this report, it appears as though Tesla considers the automatic braking system to be a separate entity from its Autopilot feature, and further explanation on the part of the car manufacturer has yet to be reported.

According to an auto research firm, both the brakes and the Autopilot system are supposed to work synergistically to prevent accidents from happening. So, despite what Tesla says, many consider the Autopilot, as a whole, to be at fault in the deadly crash. Tesla’s motives for its claims may be to minimize the perceived risks of Autopilot. In fact, the manufacturer believes it to be a lifesaving technology. While this may be true in some instances, it’s also important to remember that this technology requires many more years of research and hands-on usage to improve its safety. Many experts, including personal injury attorneys, believe that this could be a wrong move and will cause preventable accidents, some fatal, in the future.

Personal Injury and Automobiles

When it comes to Autopilot technology in automobiles, it’s best to reserve caution until it has been proven to be as safe as it claims to be. This could help reduce the incidence of personal injury across the country. Many of the recent technological advancements in the automobile industry may be helpful, but things like cameras and automatic steering have seen their fair share of accidents. People who are injured as a result of these accidents have the right to seek compensation from the manufacturer in order to gather the financial assistance they need for medical costs or automobile repair.

Contact Us for Assistance

At the office of Alan Goldfarb P.A. in Miami, Florida, we’re here to protect victims of automobile accidents while ensuring their financial needs are met. Our highly experienced team of personal injury attorneys help those who have been injured receive the compensation they require for medical care and other necessities. If you need help with your personal injury case, or you want to discuss the details of your case with a qualified personal injury lawyer, please give us a call at (305) 371-3111. To help us develop an idea of a plan of action, we provide a free consultation before we take on your case.