The driver of a truck was killed when his disabled vehicle was hit by a passing Lexus. The 48-year-old victim was operating a flat bed wrecker on State Road 91 when it became disabled. A passing Lexus GS 350, for unknown reasons, failed to safely stop or change lanes as it approached the trust, according to Patch.com. The truck driver died at the scene of the crash.

Deepest condolences go out to the truck driver’s friends and family.

The Risks of Injury in Accidents Occurring on the Shoulder of Road

A shockingly high percentage of automobile accidents involve a vehicle that was situated on the shoulder of a road, highway, or interstate. Nearly 20 percent of all motor vehicle accidents actually occur off the roadway including near a median or on the shoulder of the road. Approximately 12 percent of all deadly accidents in highways involve a vehicle that was on the shoulder of the road.

Drivers Must Adhere to “Move Over” Law

If you see a vehicle that is disabled and pulled over on the shoulder of the road ahead of you, be proactive and change lanes as soon as traffic allows you to do so. away from the stopped. This is not optional. In Florida, this is the law, especially when there is an emergency vehicle present (e.g., police vehicle). In fact, according to Florida Statute 316.126(1)(b)(1)(2), every driver has the responsibility to move over when approaching an authorized emergency vehicle or wrecker that is on the shoulder of a road, highway, or interstate.

Holding the Responsible Party Accountable for the Accident

If you or a loved one suffered a catastrophic injury or death in a roadside or shoulder car accident, you need to take legal action against the reckless driver who hit you or your loved one. There needs to be a thorough investigation of the accident scene. Witnesses, if any, need to be contacted and interviewed.  Medical records need to be compiled and analyzed. Accident reports need to be obtained and studied. These are just some of the reasons why it makes sense to hire an experienced Miami car accident lawyer to help pursue justice against the reckless driver who caused your harms and losses. It is also important to have an attorney working on your behalf because they can explore all possible forms of available insurance coverage to ensure you are compensated appropriately.

Speak to a Miami Car Accident Lawyer Right Away

The Miami lawyers at the office of Alan Goldfarb, P.A. have represented thousands of clients over the years of serious car accident cases, including car wreck wrongful death cases. Contact our office today to schedule a free, confidential case review with one of our legal professionals.

Resource:

patch.com/florida/miami/driver-disabled-truck-killed-state-road-91

Texting and Driving is a Secondary Offense

The National Highway Transportation Safety Administration reports that that at any moment in time there are nearly 660,000 drivers using cellphones or distracted by other handheld devices while driving. Sadly, these drivers cause nearly 3,154 fatal accidents each year. In an effort to decrease the number of accidents caused by distracted drivers in Florida, lawmakers have reintroduced a modification to the law that would authorize law enforcement officers to enforce Florida’s texting and driving laws. The Florida Ban on Texting While Driving Law makes texting and driving a secondary offense. This means that law enforcement officers do not have the authority to stop a driver just for texting and driving. To be sure, there has to be another reason for a stop before an officer can issue a citation for texting and driving.

Lawmakers will make and Driving a Primary Offense

Florida’s lawmakers have recognized that law enforcement’s inability to regulate texting and driving has only allowed the behavior to continue, resulting in traffic accidents and fatalities. House Bill 537, introduced by republican W. Keith Perry, revises Florida’s law and makes texting and driving a primary offense. This change would finally give police officers the authority needed to stop drivers and issue citations for texting and driving. If the new law passes, it would go into effect on October 1, 2016.

Drivers don’t fear Consequence of Texting and Driving

This change in the law is very important as a survey conducted by State Farm Insurance Co. reveals that cell phones use has decreased, but texting while driving has remained nearly the same. Furthermore, using a device to access the Internet has nearly doubled going from 13 in 2009 percent to 29 percent in 2015.

Seek Help from an Attorney

While we all understand the dangers of distracted and texting driving, drivers never believe they will cause an accident that may seriously or fatally injure another person. This change in Florida may cause drivers to think twice before texting and driving, but it’s almost certain that accidents caused by texting drivers will still occur. If a texting driver has injured you, the Miami attorneys at the office of Alan Goldfarb, P.A. can help you seek compensation for your injuries. Contact us today at 305-371-3111 to schedule an appointment to talk about your accident.

Back Seat Concerns

Though car safety has improved drastically over the past several decades with the advent of curtain airbags, improved seat belt resistance, and other new technologies that improved the productivity of pre-existing safety measures, there is still much left to be desired in the way of safety in modern vehicles. According to a recent study, it is more likely for an adult to be killed when sitting in the back seat of the car rather than the front. While there are many possible explanations for this trend, one reason is that adults sitting in rear seats are generally less likely to wear seatbelts than those sitting in the front seat. Florida, like many states, does not require back seat passengers to wear seatbelts by law, but that does not mean it is not still best practice to buckle up.

Children and Seating Arrangements

Despite concerns regarding adult safety in the back seat, the back seat is still the best place for children. Infants must ride in a rear-facing child car seat in the back seat, children under seven years of age must be secured in a federally-approved child car seat, and children should not ride in the front seat until they are over thirteen years of age. The concerns with children (and, similarly, the elderly) in the front seat stem from the possibility of airbag deployment. Though the presence of airbags makes the front seat a safer choice for adults, small children may suffer great injuries from the sheer force of an airbag deploying and should remain in the backseat until at least the age of thirteen.

Miami, Florida Auto Accident Attorneys

Car accidents are terrifying and can be emotionally and financially burdensome on a family. At Alan Goldfarb, P.A., our experienced auto accident attorneys know how to approach an auto accident case and tailor our litigation strategy depending on your unique set of circumstances. Even if you were not wearing a seatbelt, were distracted, or were somehow partially at fault for your accident, you may still be able to receive compensation under the law. Understanding what your legal rights and responsibilities are after a car accident in Florida is the first step to determining whether you have a viable legal claim. Contact our Miami office to learn more about your legal rights today.