The van was registered to Happy Kids, a child care and day care center. This terrible collision was reportedly caused by a driver who decided to run a stop sign, according to the driver of the van.

There a total of eleven students in the van at the time of the collision. Six kids had to be transported to Jackson South Medical Center for immediate medical treatment.

Stop Sign Violators Routinely Cause Serious Accidents

There is a reason we have stop signs at intersections – to reduce the risk of a serious accident occurring. Unfortunately, many drivers throw caution to the wind and drive straight through a stop sign. This is an invitation for a major collision to occur.

The National Highway Traffic Safety Administration reported that between 35 and 40 percent of all motor vehicle collisions occur at an intersection and a commonly cited cause of the collision is a driver failing to stop at the stop sign or failing to properly yield to another motorist.

Pursuing Financial Restitution for Your Intersection Accident Injuries

When a driver blows through a clearly designated stop sign, they are liable for the harms and losses caused by any resulting collision. This is because there is a clear rule of the road that all Florida motorists know and should understand – stop at a stop sign. It is also codified in Florida Statute § 316.123 which states that when a motorist is presented with a stop sign, they are legally obligated to stop and proceed cautiously thru the intersection, exercising all due care and vigilance.

This is a duty of care that all drivers must respect. When a motorist decides to drive thru a stop sign, they are breaching that duty of care.

If you or a family member was injured as a proximate result of another driver failing to stop at a stop sign, you can recover economic and non-economic damages through a personal injury claim. The financial restitution you can pursue through such a claim includes incurred and future medical bills, lost wages, and damages for your pain, suffering, and inconvenience associated with the collision.

The amount of financial restitution you can reasonably expect to recover depends on a multitude of factors including the extent of your injuries and the amount of available insurance coverage.

Contact an Experienced Miami Car Accident Lawyer Today

If you or a loved one was involved in a collision with a motorist who ran a stop sign, you should hire an attorney who is skilled and well-versed in personal injury litigation. That is why it makes sense to contact Alan Goldfarb, P.A. to schedule a free case review. Our Miami attorneys have decades of experience handling these types of cases.

Resource:

local10.com/news/6-students-injured-in-miami-dade-school-van-crash

If you, or a family member, was hurt in a car accident as a passenger, you have the ability to pursue a claim for financial restitution of your harms and losses. You have the same rights as an injured driver when pursuing a personal injury claim. Also, obtaining financial compensation for an injured passenger is somewhat easier since the issue of comparative negligence is not relevant.

Filing an Injury Claim with the Driver’s Auto Insurance Company

When it comes to a passenger injury claim, you should file the claim with the auto insurance policy of the driver or owner of the vehicle you were riding in at the time of the collision.

It is possible you will need to file multiple claims, especially if the driver or owner of the vehicle was carrying a bare-bones auto insurance policy or they had no insurance at all. If you find yourself in this situation, you can pursue compensation through the uninsured or underinsured motorist coverage in your own auto insurance policy. For example, if you were hurt in a car crash and incurred $75,000 in medical bills. The driver or owner of the car you were in only has $25,000 of liability coverage under their policy. This means the insurance company is only on the hook for $25,000. You will have to look elsewhere to recover for the remaining $50,000. This is the scenario where you can file a claim through your underinsured motorist coverage. Of course, the amount you could reasonably expect to recover will depend on the amount of coverage you have under your policy, if any. In Florida, uninsured and underinsured motorist coverage is optional so there is a chance you may not have any additional coverage.

Passenger Related to the Driver

An issue to be cognizant of is when the injured passenger is related to, and lives with, the owner or driver of the vehicle involved in the collision. If you are in the situation, you will probably be unable to file a claim against that driver’s liability insurance policy because you would be covered under the driver’s policy. In effect, you would simply be filing a claim under your own insurance policy. However, if you are simply related to the driver or owner, but do not live with them (e.g., a cousin, step-sibling, etc.), then you would still have a viable personal injury claim.

Speak to an Experienced Miami Car Accident Lawyer Today

Individuals and their loved ones who suffer serious injured in automobile collisions are often concerned with large medical expenses, lengthy treatment, sudden loss of income, insurance issues and property damage. Alan Goldfarb, P.A. is here to help in Miami. Contact our office to schedule a free case review.

Resources:

miamiherald.com/news/local/community/broward/article167685427.html

iii.org/press-release/not-buying-uninsured-motorist-coverage-can-be-a-costly-mistake-in-florida-since-nearly-one-fourth-of-drivers-are-uninsured-071311

This was a terrible accident and best wishes for a speedy recovery go out to the survivors who suffered injuries. Deepest condolences go out to the friends and family of the individual who lost their life in this collision.

If you or a loved one was involved in a serious car accident, you need to take the time to speak with an experienced Miami car accident lawyer to discuss your legal options.

Damages That Can Be Pursued in a Personal Injury Case

The types of financial restitution you may be able to pursue through a car accident personal injury claim include economic damages, non-economic damages, and, in some cases, punitive damages

Economic damages are those itemizable harms you suffered from the wreck. They often include your medical bills and lost wages due to time missed from work to recuperate and heal. Non-economic damages those harms and losses that do not fit neatly into a spreadsheet. They include your pain, suffering, mental anguish, and anxiety stemming from the accident.

In more egregious car accident cases, you may be able to pursue a third category of damages known as punitive damages. These are damages intended to punish the reckless driver and send a signal that their behavior will not be tolerated. But it is important to understand that punitive damages are only recoverable when there is clear and convincing evidence of gross negligence or intentional misconduct. There is also a cap on any award for punitive damages. This cap means an award for punitive damages cannot exceed three times the amount of the award of compensatory damages or $500,000, whichever is larger.

Significant Economic and Non-Economic Damages Means Amount of Insurance Coverage Will Likely Be an Issue

When a serious car accident occurs, especially one involving multiple people suffering injuries and loss of life, there is a risk that the injured individuals will be unable to obtain a full financial recovery. Why? Because the amount of available automobile insurance coverage is a major issue when assessing the amount that could realistically be recovered through a personal injury claim. For example, if a negligent driver caused a major wreck resulting in multiple serious injuries, but only had a $25,000 automobile liability insurance policy, that finite amount of coverage leaves the injured victims with limited options in pursuing financial restitution for their harms and losses.

Enter uninsured and underinsured motorist coverage.

You may have uninsured or underinsured motorist coverage you can access through your own auto insurance policy. Filing an uninsured or underinsured motorist claim can get quite complicated since you are having to deal with multiple insurance adjusters. This is why it makes sense to sit down with a Miami car accident lawyer to discuss the process.

Speak to an Experienced Miami Car Accident Lawyer Today

The experienced auto accident lawyers of the Miami office of Alan Goldfarb, P.A. are here to help you recover maximum compensation for your injuries. We work tirelessly on behalf of our clients. Contact our office today to schedule a free, confidential case review.

Resource:

nbcmiami.com/news/local/One-Dead-In-Tamarac-Five-Car-Crash–436541543.html

Police investigating the accident suspected alcohol may have been a contributing factor. The negligent driver claimed he only had “two or three” beers the evening of the accident. However, a blood test was conducted and it showed his blood alcohol was .156, and that was some time after the incident, according to CBS Miami.

The negligent driver is facing myriad criminal charges, including vehicular homicide, manslaughter while driving under the influence, DUI damage to property or person and reckless driving with damage to property or person, according to the aforementioned CBS Miami article.

Deepest sympathies go out to the family and friends of the victim. It is frustrating to accept the fact that an innocent pedestrian simply walking on a sidewalk can have their life taken from them by a careless, intoxicated driver.

Take Legal Action

If you lost a loved one in a preventable accident caused by the carelessness of another driver, you should speak to an experienced Miami wrongful death lawyer to discuss your legal options. The thought of filing a lawsuit and going to court may feel overwhelming and intimidating. That is why hiring an attorney makes sense. They can take the burden off of you by filing all of the necessary documents and legal filings and negotiate with the claims adjuster for the negligent driver’s auto insurance company. In wrongful death claims, you can pursue financial restitution for the lost earnings of your loved one, the loss of companionship, and the loss of guidance and mentorship (if the decedent had children), and you may be able to pursue a unique form of damages known as “punitive” damages.

Understanding Punitive Damages

Unlike economic and non-economic damages (which are comprised of medical bills, lost earnings, pain and suffering, etc.), punitive damages are meant to punish the negligent driver. In most personal injury cases, a plaintiff is unable to pursue punitive damages because there must be evidence of gross negligence, recklessness, and/or malice. An auto accident involving ordinary negligence does not meet the threshold necessary to pursue punitive damages. There must be evidence of egregious conduct.

In the context of a wrongful death car accident caused by a drunk driver, it may be possible to pursue punitive damages based on gross negligence. This is where the defendant’s conduct was reckless constituting a conscious disregard or indifference to the safety, life, or rights of the victim(s).

Limitation on Punitive Damages

Even if punitive damages can be pursued, the Florida legislature placed a statutory cap on punitive damage awards. Under Florida law, a punitive damage award may not exceed three times the amount of the award of compensatory damages or half a million dollars, whichever is higher. For example, if a jury awards you $400,000 in compensatory damages, then you could potentially pursue $1.2 million in punitive damages since it is three times the amount of the award of compensatory damages.

Speak to an Experienced Miami Wrongful Death Lawyer Today

The legal team at the Miami office of Alan Goldfarb, P.A., is here to help you through this tough time. We are an AV-rated law firm and we are listed among the Top 100 Lawyers in the state. Contact our office today to schedule a free consultation.

Resource:

miami.cbslocal.com/2017/06/12/87-year-old-dui-manslaughter-miami-dade/

Mr. Steen began his professional career in the Gulf Coast League in Fort Myers, Florida, but was making his way to the Single-A Lowell Spinners. He was only in Florida for an extended spring training when the crash occurred.

Mr. Steen suffered extensive physical injuries when his SUV was hit by another vehicle that crossed the median and was sent airborne ultimately colliding with Mr. Steen’s SUV, according to CBS Boston. Mr. Steen was transported to Lee Memorial Hospital for treatment. The extent of his injuries remains unknown, as of the date of this posting.

Pursuing Financial Restitution for the Harms and Losses Stemming from a Collision

Mr. Steen’s life may be changed forever as a direct result of this automobile collision. If he sustained injuries to his arms or legs, or suffered nerve damage, his professional baseball career may be derailed. Unfortunately, many Florida drivers find themselves in a similar situation – injured, traumatized, confused, and in need of help. This is why it makes sense to speak with an experienced Miami car accident lawyer about your legal options.

Damages That Can Be Pursued Through a Personal Injury Claim

There are two categories of recoverable damages – (i) economic damages and (ii) non-economic damages. Economic damages are the itemized costs you incurred as a proximate result of your car accident. They typically include medical bills and lost wages. Non-economic damages typically encompass your pain and suffering as a result of the wreck. It is the mental anguish, stress, and inconvenience associated with your harms.

In many states, when a personal injury claim is filed, there is the need for a party to prove fault (i.e. liability). Florida is unique in that it is a “no-fault” state. This effectively means that you can receive financial compensation for damages sustained in an auto accident right away without having to investigate the collision and determine liability. All Florida drivers are required to have personal injury protection (PIP) benefits. These benefits are intended to cover your own injuries if you are involved in a wreck. Your insurer is supposed to cover your damages (up to your policy limits) and the other driver’s insurer covers their damages regardless of who was responsible for causing the collision.

The drawback of PIP benefits is the amount you can access – $10,000. This may sound like a lot of money, but if you are in a serious auto accident (or you are a professional baseball player whose career may be over), that amount of money may be nothing compared to your damages. If your damages are calculated to exceed $10,000, then retaining the services of an experienced Miami auto accident attorney makes sense because a lawsuit will likely need to be filed against the at-fault driver.

Let Our Miami Personal Injury Attorneys Help

If you or a family member was seriously harmed in an auto accident in Miami, you are probably feeling anxious, overwhelmed, and have questions about your legal options. Alan Goldfarb, P.A., is here to help. We have decades of experience and are ready to serve you.

Resource:

boston.cbslocal.com/2017/04/27/red-sox-prospect-kevin-steen-critically-injured-in-car-accident-in-florida/

Economic damages are considered calculable because they are the financial harms you can substantiate through hospital bills, ambulance bills, lost income, and so forth. Non-economic damages are difficult to calculate, but are just as important and valid. For example, what is the “monetary value” of losing a child in a car accident? Or what about losing your ability to walk after suffering a spinal cord injury? The effects to your quality of life are those non-economic damages that are incorporated into pain and suffering.

Punitive Damages are Different

Punitive damages are not always available in a personal injury case. They are a unique category of damages governed by state statutes. They are not intended to compensate the injured party, but rather to punish the negligent party. Awarding punitive damages is meant to send a signal to the negligent party and to society in general that the negligent party’s conduct will not be tolerated. 

Amount of Punitive Damages Depends on Facts of Your Case

The amount of punitive damages a judge or jury can award to an injured party depends on a multitude of factors including the level of recklessness in the defendant’s conduct and the harm inflicted on the injured party. For example, if someone was paralyzed in a car wreck as a result of a driver who was extremely intoxicated (e.g., a BAC north of 0.15), then the amount of punitive damages could be substantial, but is limited by a cap on punitive damages that was enacted by the Florida legislature. Under § 768.73, punitive damages are limited to three times the amount of compensatory damages awarded to each claimant or $500,000.

Punitive Damages Not Available in Every Case

It is important to keep in mind that punitive damages may not be awarded in every auto accident case. There needs to be evidence that the other driver’s conduct was grossly negligent, reckless, or displayed a willful or wanton disregard for the safety of other drivers. It is conduct indicating that the defendant knew or should have known that their actions were likely to be unreasonably safe or knew or should have known that someone could get hurt.

As mentioned, someone who operates a vehicle while being heavily intoxicated may be forced to pay punitive damages. But keep in mind, if someone is considered legally intoxicated, but may be just a point over the legal limit, punitive damages may not be realistic. There needs to be evidence that the defendant’s intoxication was recklessly high to the point that they knew, or should have known that driving was a safety risk.

An example of grossly negligent or reckless behavior would be someone who causes an accident while engaging in street racing. This is an act showing a willful or wanton disregard for the safety of others.

Miami Car Accident Lawyers Ready to Fight For You

The Miami car accident attorneys at the office of Alan Goldfarb, P.A. are ready to help you and your loved ones. We have nearly four decades of experience litigating personal injury and wrongful death cases, including complex automotive accident cases. Contact our office to schedule a no-cost consultation.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.72.html

Multi-Vehicle And Chain Reaction Crashes

Multi-vehicle accidents present many different issues than an accident that involves only one or two vehicles. These types of dangerous and tragic accidents are often referred to as chain reaction accidents, even though the terms are not necessarily interchangeable. However, both multi-vehicle and chain reaction accidents come with multiple chances of threats to the safety of those involved. Not only do victims have the chance of being injured in the initial crash, but they can have the additional risk of being injured in subsequent impacts by additional vehicles. In just a brief period of time, the entire roadway can become a confusing obstacle course as drivers struggle to avoid also being involved in the collision. Chain reaction crashes comprise a significant percentage of all traffic accident deaths, as often they occur on busy highways and interstates with heavy traffic.

The Statistics

According to statistics gathered and provided by the Insurance Institute for Highway Safety, Highway Loss Data Institute, in Florida as well as in many, if not most, other states nationwide, fatalities suffered by accident victims of multi-vehicle accidents accounted for approximately half of all accident-related deaths in 2015. Notable exceptions to this trend include the District of Columbia, Montana, and Maine, all of which had significantly higher percentages of fatalities which resulted from single-vehicle accidents.

Finding Fault Among Many

One of the challenges in handling the aftermath of a multi-vehicle or chain reaction crash is determining who is at fault, and to what extent they are at fault, for the accident. The more vehicles and drivers who are involved, the more difficult it can be to determine what role each driver played in the incident. Accident investigators will often look not only at the crash itself but at the history of the drivers involved in the accident, including whether or not they have any record of being ticketed for various infractions such as driving with a suspended license (or no license at all), reckless driving, speeding, following too closely, or drinking and driving.

Have You Been Involved In A Multi-Vehicle Or Chain Reaction Accident?

If you have been injured in a multi-vehicle or chain reaction accident, you need the assistance of an experienced attorney who can skillfully and competently assess each aspect of your case. These types of cases are often complex and complicated and require a high level of legal competency to ensure you obtain the best possible results. The Miami attorneys at the office of Alan Goldfarb, P.A. are here to help you receive the compensation you are entitled to for your injuries and losses. Allow us to use our experience to your benefit and get you the relief you need. Contact us now to set up an appointment at no cost or obligation to you.

Resources:

local10.com/traffic/multi-vehicle-crash-shuts-down-powerline-road-in-pompano-beach

iihs.org/iihs/topics/t/general-statistics/fatalityfacts/state-by-state-overview

Reckless Driving – More Than Just Careless or Negligent Behavior

Though there was no indication of any charges entered as a result of this accident, it does seem likely that reckless driving was a factor, as it was noted that the vehicles were thought to be racing. In Florida, reckless driving is the act of driving a vehicle without regard for the safety of other people or property. The act must have also been willful or wanton, which means that the driver drove in this manner either intentionally or with knowledge that damage to people or property would result but with a conscious and intentional indifference to any consequences that could result from their action. Carelessness or ordinary negligence is not enough to rise to the level of reckless driving, and a determination of whether or not reckless driving took place requires an analysis of a variety of factors including the driver’s actions, the circumstances, and whether death, injury, or damage from the action was foreseeable. For those who are found to have been driving recklessly, penalties will depend upon factors such as prior offenses and the extent of damage caused.

Assessing Fault – Carelessness Or Negligence Is Enough

Though the certain factors will prevent conviction for reckless driving, careless or negligent behavior is enough to support a finding of fault for an auto accident. This determination of fault, of course, is a factor that is always considered in an accident case when assessing liability for damages resulting from the accident. When you have been involved in an accident, consulting with an attorney experienced in all types of auto accident cases is the best first step you can take in putting together your personal injury case.

Have You Suffered Injuries in Miami?

If you have been injured in an auto accident, you need to pursue compensation for your losses. The insurance companies are often quick to offer a settlement, but it is not always in your best interest to accept those offers. To ensure you get everything you are entitled to receive, the best thing you can do to protect your rights is to speak with an attorney experienced with personal injury and auto accident matters. At the office of Alan Goldfarb, P.A., our legal professionals have helped accident victims just like you get the results they deserve. When you need to recover money for your medical expenses, lost wages, and other expenses associated with the accident, our Miami accident attorneys are here to help you get what you are entitled to receive. Contact us now to schedule your appointment today.

Resources:

nbcmiami.com/news/local/Children-Hospitalized-After-Crash-in-Davie-411462525.html?_osource=taboola-recirc

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.192.html

Rare But Deadly

Head-on crashes occur most often when one vehicle crosses over the median into the path of oncoming traffic – and many, such as was apparently the case in the recent Route 1 accident, occur as a result of a failed attempt to pass other traffic on a two-lane road or highway. Though these types of crashes account for only a small percentage of total auto accidents, they often result in the most severe and serious injuries and the highest rates of fatalities. Those who do survive often face a lifetime of medical struggles.

The Range Of Head-On Crash Injuries

In any auto accident, a wide range of injuries can occur. This is certainly no different when looking at injuries sustained in head-on crashes. Some of the accident victims who may be lucky enough to escape the incident with just minor injuries may suffer cuts and bruises, though even ‘just’ cuts can result in permanent scarring to the victim. Other victims may suffer broken bones, soft tissue damage, whiplash, or back and spine injury. Depending upon the extent of these injuries, recovery may take some time and be quite costly. More serious injuries such as traumatic brain injuries can lead to life-long recovery and rehabilitation and may require significant levels of care, quite possibly for the rest of the victim’s lifetime. The most serious injuries in a head-on collision, of course, would include death, most often from being thrown from the vehicle as a result of the impact.

Contact Alan Goldfarb, P.A. For Auto Accident Representation

When you have been involved in an auto accident and have suffered injuries as a result, you need to take action to receive the compensation you deserve. With more severe auto accidents such as head-on collisions that result in extreme injuries, victims may face long-term medical issues and exorbitant medical bills. Help is available for you and your family as you begin the process of recovering from your accident. At the office of Alan Goldfarb, P.A., you will find experienced legal professionals who are dedicated to your success. The Miami attorneys at the office of Alan Goldfarb, P.A. will review your case with you and determine the best strategy to get the results you need. We will be by your side from the start to the finish of your case and help to ensure your court experience goes as smoothly as possible. Contact us now to schedule your no cost, no obligation consultation and let us help you get started today.

Resources:

local10.com/traffic/fatal-head-on-collision-near-mile-marker-16-in-keys-shuts-down-us-1-for-hours-

safety.transportation.org/htmlguides/HOcrashes/exec_sum.htm

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