Comedian Tracy Morgan showed his forgiving side when he said that he was not mad at the truck driver who was behind the wheel during a severe car accident several years ago in which Morgan nearly lost his life. The truck driver did not receive the same leniency from the jury and, in fact, was indicted on various counts as a result of the accident which cost Morgan’s fellow comedian his life. Morgan himself suffered serious brain damage, a common type of injury in accidents as severe as this.

Traumatic Brain Injury

Car accidents are one of the top three causes of traumatic brain injury. This type of injury is far more common than many people may realize, and according to the Centers for Disease Control and Prevention (CDC), millions of people live with disabilities they incurred as a result of traumatic brain injuries. Between one and two million people suffer these injuries yearly and thousands of people die from their injuries. Those who do survive often live with complications the rest of their lives that greatly impact their quality of life as well as their potential lifespan.

Traumatic Brain Injury – What Does It Mean?

Brain injuries, unlike other injuries that may be sustained in an auto accident, affect the victim’s entire being. Unlike a broken leg, which can be put in a cast and heal over time, and which typically only affects the leg itself, a brain injury is not limited to just the brain’s activities and abilities. Additionally, since there may often be no outward sign of injury, the presence and extent of the brain injury may not be known for a period of time after it has been incurred. These injuries change a victim’s life suddenly, drastically, and completely, and rehabilitation and recovery can take a lifetime.

A Wide Range

Traumatic brain injuries are classified from mild to severe, but this is not so much a reflection of the impact on the victim’s life as it is a description of the actual occurrence of the injury itself. A mild brain injury is one in which the loss of consciousness is less than 30 minutes. These ‘mild’ injuries are often overlooked, but their effects can be just as bad as with the severe brain injury classified by a longer state of unconsciousness. A severe brain injury often results in significant impairment of cognitive skills and can result in a victim’s coma. Regardless of the classification, the bottom line is that the impact on the victim will be likely be extensive.

Contact Alan Goldfarb, P.A. For Help With Your Traumatic Brain Injury Case

If you or your loved one has been injured in a car accident and has suffered a traumatic brain injury, you need competent and professional legal representation to help you get the results you deserve. The Miami attorneys at the office of Alan Goldfarb, P.A. have the experience with these type of cases to know what issues are important and how to obtain the most complete recovery. We are here to help – contact us now to set up your initial appointment today.

Resource:

nbcmiami.com/entertainment/entertainment-news/Tracy-Morgan-Forgives-Walmart-Driver-Who-Hit-Him-400018281.html

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.

According to the National Transportation Safety Board (NTSB) wrong-way collisions occur when a car is driving on divided highways or access ramps in the opposite direction of traffic flow. In Florida, the Florida Department of Transportation reports that 280 wrong way crashes killed 75 victims in Florida highways between 2009 and 2013.

Why do Wrong Way Accidents Happen?

The investigation into the wrong way accident is still ongoing and it may be awhile before investigators know what caused this particular accident. However, the NTSB conducted an investigation into wrong way accidents and found that causes of wrong-way accidents include:

• Drunk Driving: driving while intoxicated impairs a driver’s judgment and vision. This means that intoxicated drivers are less likely to see and follow road signs.
• Confusing Road Signs: many wrong way accidents occur when a car enters an exit ramp. This may in part be due to bad signage and a driver’s unfamiliarity with a city. Oftentimes poorly lit signs fail to give unfamiliar drivers enough information about access ramps.
• Senior Drivers: the NTSB reports that drivers over 70 are often represented as at fault drivers in wrong way accidents.
• Time of Day: the NTSB found that 78 percent of wrong way accidents occur between 6:00 pm and 6:00 am. The mix of drowsy and/or drunk drivers, and the lack of light make it more likely for wrong way accidents to occur during these hours.
• Day of the Week: most wrong way accidents crashes happen on the weekend. This is partially due to the fact that more people go out and drink on weekends.
• Road Position: many wrong way collisions occur in the driving lanes closest to the median. The NTSB study found that seven out of nine wrong way accidents occur in this lane.

Let us Help you Recover from a Wrong Way Accident

Regardless of the cause of a wrong way accident, victims deserve compensation. Contact the Miami car accident attorneys at the office of Alan Goldfarb, P.A. if you have sustained injuries in an accident in Florida. We can help you seek compensation for medical costs, lost wages and emotional distress after a wrong-way accident. Let us provide you with the legal guidance you need to make a good decision for your family. Contact us today at 305-371-3111 to schedule an appointment.

Florida Law Punishes Owners of Biting Dogs

Florida law holds a dog owner strictly liable for a dog bite victims injuries. This is the case even if the dog has never bitten anyone in the past. Under Florida’s dog bite law, animal control must confiscate and destroy any dog that causes “severe injury” in an expeditious and humane manner. The law does allow the owner to request a hearing while the dog is in custody, however, the law does not allow the dog’s owner to present a defense at this hearing. Judge Owens’ decision found that denying dog owners the ability to present defenses before the court; made the statute “arbitrary and unduly oppressive.”

Dog Bites Impact Victims

Dog bite injuries occasionally kill victims, however, common dog bite injuries include:

• lacerations,
• punctures,
• nerve damage,
• crush injuries,
• muscle sprain/strain, and
• infections.

The emotional and physical impact of an attack may have lifetime consequences for victims. Victims may need extensive physical and psychological therapy before recovering fully. Additionally, dog bite lawsuits are often complex as they often occur at a dog owner’s home and victims are the owner’s relatives or friends. The December 14th decision may have created a pathway for owners to keep their dogs after a dog attack, however, the decision does not absolve owners from responsibility for their dogs actions.

Contact an Attorney

Florida dog bite law allows victims to seek compensation from dog owners to help cover the costs of recovering from their injuries. While dog bites are rarely fatal, they have tremendous on dog owners and dog bite victims. If you are considering pursuing a dog bite claim, speak with the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. We can help you understand the implications of this new court ruling and guide you through a dog bite injury lawsuit. Please contact us today at 305-371-3111 to schedule an appointment and discuss your case.

Determining Negligence is Key

In a boating accident case, it is critical to figure out who was responsible for your injury. As part of your claim you must be able to demonstrate that your injuries were caused by someone’s negligence. You injury alone does not prove that someone was negligent. In order to prove negligence, you must show someone failed to act with reasonable care and that your injury resulted from that failure to act.

Boat Accidents and Negligence

In some types of boating accidents. Determining negligence is not always simple. To understand the complexity of determining negligence, it is helpful to know the main types of boating accidents. The majority boating accidents fall into one of the following categories:

• Collision with Another Boat: in an accident between two boats, it is possible that both operators will be partially at fault. This mean that injured passengers would be able to file a claim against both operators.

• Hitting Another Boat’s Wake: if a boat hits a large wake, the impact to the boat can toss passengers around, throw them out of their seat or toss them overboard. Determining negligence when a boat hits a wake is complex. Florida law requires boat operators to keep watch for anything that may be a danger to the boat passengers. But the operator’s environment will play a role in determining negligence. Environmental factors that play a role in accidents include:

• Wave size;
• Speed;
• Visibility;
• Surrounding boat traffic; and
• The type of boat (eg. motorboat or a sailboat).

It is also possible that the operator of the boat that created the wake may be negligent. The negligence of this operator also will depend on the location of the accident and boat traffic in the area. For example, negligence is possible if the accident occurred in a no-wake zone or in a crowded area. A wave accident is similar to a wake accident except that there is no other boat to factor into the equation.

• Collision With an Unseen Object: even with good visibility, it is possible for a boat to collide with an unseen object. The operator’s liability for a collision with a hidden object will depend on the circumstances. Was the operator traveling slowly and using nautical charts? Or was the operator moving quickly in dense fog? These type of factors make it difficult to know whether a boat operator was negligent.

Contact An Attorney

As this brief discussion demonstrates, it is not always possible to immediately determine negligence after a boating accident. However, you may still need to collect damages for your injuries. If you or a loved one has been injured while on a boat ride and you are wondering what to do next, contact the Miami boat accident attorneys at the law firm of Alan Goldfarb, P.A. We can help you review your case and guide you through a personal injury claim. Contact us today to discuss your case.

• File a claim using your own personal injury policy;
• File a claim under the driver’s personal injury policy;
• File a claim under the at-fault driver’s personal injury policy; or
• File a claim using the personal injury coverage of an adult relative who lives in your household.

Family Exclusions

There are certain exclusions for filing a claim which that prevent a passenger, spouse or other family members from filing a claim. Generally, you are prevented from filing a personal injury claim against the driver of the car you are riding in. This is because, in this case, you are considered an insured person. And, under the liability policy, an insured person cannot file a claim against their own policy. Your expenses may be covered under a different policy and your compensation may be capped. A family exclusion clause may also prevent you from filing a claim if you are a in an accident with a family or a member of your household. These family exclusions clauses were created to prevent family members from colluding to defraud insurance companies and reduce the cost of fraudulent claims for insurance companies.

Passenger Exclusions

Additionally, there are passenger exclusions that prevent you from making a personal injury claim under another driver’s coverage. As a passenger, you cannot file a personal injury claim if:

• You were injured while committing a felony;
• The driver was operating the insured car without the owner’s permission; or
• You contributed to the injury by trying to purposely cause harm to yourself.

Spousal Immunity

While some passengers and family members are excluded from filing a claim against another family member, spouses are not prevented from initiating legal action after an accident. To be sure, Florida does not have spousal immunity laws for personal injury claims. This means that if your spouse causes an auto accident, you may be able to initiate litigation against your spouse, or your insurance company, to seek out compensation for damages and injury.

Personal injury claims involving spouses, family members and passengers are complex. They require that potential claims be investigated quickly and effectively. At Alan Goldfarb, P.A. you can rest assured that the our experienced personal injury attorneys know the most effective avenues for pursuing your legal claims to ensure the most favorable outcome. If you or anyone you know has been injured in an accident in Miami, you may be entitled to compensation. Contact our Miami offices today.