Articles Posted in Car Accident

From year to year, Florida is consistently one of the states with the most traffic accidents each year. One of the most common ways to measure the risk of fatal car accidents from state to state is the metric of deaths per 100 million miles traveled within a given state. This statistical format can be helpful to calculate driving risks in a state while controlling for disparities in population between different states. According to the Insurance Institute for Highway Safety, the deaths per 100 million miles traveled within Florida is 1.60, placing it ahead of all but a handful of other states in the country when it comes to drivers and passengers killed in car accidents. Fatalities in Florida car accidents have been rising since 2018, and currently, nearly 40% of all vehicle crashes result in injuries. Crashes occurring on highways can be particularly dangerous due to the higher speed limits on highways, resulting in more serious implications than crashes occurring at slower speeds.

When it comes to vehicle accidents, drivers and passengers in Florida need to be aware of the variety of factors that can be used to calculate pain and suffering damages after a car collision. These factors include but are not limited to injury category, the time required for recovery, treatments, and the severity of the crash. These different elements can help pinpoint the necessary compensation in court after a car crash. Many of these factors are related, as the more serious the crash, the more likely the time to fully recover will be longer. A recent news article discussed a recent fatal St. Lucie County highway from last month.

According to the news article, the accident occurred when two cars collided at an intersection of State Road 70. The accident is being investigated by the Florida Highway Patrol (FHP). According to the FHP, a 58-year-old man was traveling South on Shinn Road approaching the intersection on State Road 70 when he collided with another vehicle driven by a 51-year-old man driving West on State Road 70. The incident occurred on Friday, February 17, around 5:38 a.m. The 58-year-old man was killed during the collision after failing to yield the right of way to the second vehicle.

Riding a motorcycle is between 15 to 40 times more dangerous than driving a car, and each year dozens of motorcyclists are killed, and thousands more are injured in Florida vehicle accidents. Motorcyclists should exercise extreme caution when out on the road, carefully obeying all traffic signs and laws. In one recent piece from the medical journal CMAJ, research performed on 27,000 motorcycle accidents and 282,000 car accidents found that the injury rate for motorcycle crashes was triple the rate of injury for car crashes. Additionally, the risk of severe injuries was 10 times more likely in motorcycle accidents. Notably, the cost of medical treatment the motorcycle crashes was double that of car accident survivors.

Given the elevated risks when it comes to Florida motorcycle accidents, motorcycle drivers and passengers should be aware of several Florida-specific points when it comes to motorcycle crash compensation. In Florida, compensation in a motorcycle accident will not include personal injury protection (PIP) coverage. PIP is a mandatory, no-fault coverage paid out by the insurance company following an automobile accident. PIP provides up to $10,000 in compensation for things such as medical bills and lost wages, even if the policyholder is responsible for the crash. However, motorcyclists do not receive PIP coverage. A recent news article discussed a fatal motorcycle accident that occurred in February 2023 in Florida.

According to the news article, the accident occurred when a 32-year-old woman driving a 2018 Toyota SUV accelerated as she left the Big Pine Academy school, turning south on U.S. 1. Her car hit the right side of a motorcycle with a 62-year-old man on it. The man on the motorcycle was stopped in the turn lane on U.S. 1, waiting to drive into Big Pine Village shopping center, when the SUV hit him. According to the Florida Highway Patrol, the man on the motorcycle was not wearing a helmet at the time of the accident. The man was flown by a helicopter ambulance to Jackson South Medical Center in Kendall for treatment to address his critical injuries, but he died at the hospital later that night. Authorities have said that charges are still pending as the investigation unfolds.

Although contemporary cars are manufactured based on strict safety standards, accidents due to mechanical failure or malfunction can still cause major or fatal injuries. While it is always important to maintain all parts of your motor vehicle, certain mechanical failures are more common than others. According to the National Highway Traffic Safety Administration, brakes are responsible for 22% of car accidents due to mechanical failure. There are several different ways that car brakes can contribute to accidents, including faulty or worn brake lines, antilock brake system malfunctions, or worn-out brake pads and discs. Each of these malfunctions or failures compromises brake performance in different ways but has the potential to result in serious automobile crashes. A recently published news report discusses a crash at a Florida auto show.

According to the news report, the accident happened around 9:30 am on Wednesday, February 15, when a “slow-moving” vehicle crashed into the crowd at the Lauderdale Lakes Auto Auction lot. The collision occurred at the South Florida Auto Auction lot at 3500 NW 21 Street when a car began moving through the crowd as an auction was in progress, injuring eight people. According to the law enforcement report, investigators determined that the brakes of the vehicle failed as it was being moved. Officials said that of the eight victims, five were hospitalized with minor injuries, while one refused transportation to the hospital. Nobody died in the crash.

It would serve Florida drivers and passengers well to know what factors can be used when calculating pain and suffering damages following a car accident. These factors include things such as recovery time, the severity of the injury, pain level, type of injury, and magnitude of the crash. These elements are weighed together to help deduce what the appropriate level of compensation should be granted in court following an automobile crash. When it comes to considering evidence and the factors of a lawsuit in a case where the accident was caused by defective or faulty brakes, it can make a lot of sense to speak with an experienced personal injury trial lawyer to learn about the type of evidence needed to prove a claim and how most insurance companies respond to these claims.

Speeding is one of the top causes of automobile accidents throughout the nation. Driving at high speeds increases both the likelihood and the severity of car crashes. Driving at higher speeds makes it more difficult to react to mistakes on the road from yourself or other drivers. Additionally, higher speeds lead to more serious crashes when drivers do collide with other vehicles or obstacles. Florida is no exception, with the state experiencing extremely high levels of car accidents and auto fatalities. According to a report from the Florida Department of Highway Safety and Motor Vehicles (FDHSMV), in 2021, car accidents spiked throughout Florida after two straight years of decline. Throughout 2021, Florida saw 401,170 total car accidents. Additionally, approximately 40% of car accidents in Florida result in fatalities. According to the FDHSMV, fatal car accidents have been on the rise throughout Florida. A recently published news article discusses a fatal single-car crash in Miami-Dade County.

According to the news report, the accident occurred around 5:30 am on Wednesday, February 15, when a white Mercedes-Benz coupe was traveling on the entrance ramp from southbound Northwest 42nd Avenue to the Dolphin Expressway when the driver lost control while negotiating the curve of the ramp. The car then crashed into the guardrail and into the concrete barrier walls. According to the Florida Highway Patrol, the driver was transported to Jackson Memorial Hospital’s Ryder Trauma Center, where he died. The person sitting in the front passenger seat was pronounced dead at the scene.

In Florida, surviving family members can sue for wrongful death following a fatal car accident by filing a lawsuit in a civil court. Prior to filing a claim, the family members need to gather evidence to support the claim, prove liability, determine the value of their claim, meet the statute of limitations, and then file the claim with the court. According to Florida statutes, a wrongful death claim brought by surviving family members of a car passenger can result from accidents where the death is caused by “the wrongful act, negligence, default, or breach of contract” of another party. An attorney can evaluate the details of your case and determine if you are eligible to file a wrongful death claim based on the details of the case.

According to the AAA Foundation for Traffic Safety (AAAFTS), 13.5% of people reported driving at least once in the past year when they thought their alcohol levels might have been close to or possibly over the legal limit. The National Highway Traffic Safety Administration (NHTSA) found that in 2020, 11,654 people died in alcohol-impaired driving traffic deaths, which was a 14% increase from 2019. According to the NHTSA, 32 people in the United States die every day in drunk-driving crashes. A recently published news report discusses a former NFL player facing DUI charges in Florida following an accident.

According to the news report, the accident occurred early on Saturday, February 4, when former NFL player Vontae Davis rear-ended a pick-up truck that was on the side of the highway due to a flat tire, injuring the truck’s driver, who had been standing outside of the vehicle. According to law enforcement officers, Davis lost control of his vehicle while driving, resulting in a collision with the parked pick-up truck on the side of the turnpike. The impact sent the pick-up truck spinning into a concrete barrier, striking the driver who had been waiting outside. The driver was then taken to a hospital with multiple injuries. According to law enforcement officers, Davis smelled of alcohol, had slurred speech and bloodshot eyes, and could barely stay awake while being interviewed by a trooper after the accident. Davis refused to provide a blood or urine sample and wouldn’t agree to perform a field sobriety test, according to the law enforcement report. Davis told the trooper interviewing him that he had consumed two drinks at a club.

In Florida, a first-time DUI offense is usually considered a misdemeanor. Generally, the person charged will have their license suspended for six months, with the penalty increasing to one year if they refused to submit to chemical testing when they were stopped. In Florida, first offenses carry a fine ranging from $500 to $1,000 and carry a maximum jail sentence of six months. Additionally, judges in Florida are required to place people convicted of their first DUI on probation and order them to complete at least 50 hours of community service.

In Florida and the United States, drivers almost always are required to drive on the right-hand side of the road. This has been the practice since the days of the horse and carriage, and generally, it is easily followed by everyone on the road. As cities have grown and traffic control has become more complicated, the chances of wrong-way accidents have increased. One-way streets and divided highways can confuse some drivers and result in them traveling the wrong way into head-on traffic. A man was recently killed in Palm Beach County when he entered Interstate 95 going the wrong way and got into a head-on collision with another vehicle.

According to a local news report discussing the recent crash, a 26-year-old man driving a Toyota Corolla entered the I-95 northbound traffic lanes from the wrong direction on the 6th Avenue exit in Lake Worth Beach at around 4:00 AM on December 2nd. The wrong-way driver traveled a short distance on the interstate and then crashed head-on into a Chevrolet Silverado that was traveling northbound. Emergency crews responded quickly to the crash, but the driver of the Toyota was pronounced dead at the scene. The driver of the Chevrolet was transported to a local hospital with life-threatening injuries.

The design and construction of freeway entrances, exits, and interchanges are not consistent across our state. Drivers approaching an unfamiliar traffic feature have a duty to pay attention to the signage and instructions and remain on the correct side of the road while getting on the freeway. Drivers who fail to abide by traffic rules and cause an accident can be found civilly, and even criminally liable for the consequences of their behavior. If an at-fault driver is killed in a crash, their insurance company and estate may be held civilly liable for injuries caused to other drivers involved in the crash. Florida law does not require motorists to obtain bodily injury liability coverage, however, most drivers do so. Because not all drivers in the state have liability converge, we recommend drivers obtain coverage for uninsured/underinsured on their own policies.

When a prospective car purchaser wants to try out a vehicle and go for a test drive, it can sometimes become a dangerous situation. Test drivers may not have experience driving the type of vehicle that they are trying out. Furthermore, the experience of test driving a vehicle can be distracting, as the driver is often trying to evaluate the car quickly, while performing a test drive that may include a dealership representative in the vehicle, further increasing the distraction. Last month, an Orlando test drive turned deadly when a prospective car purchaser was struck by another vehicle while entering the dealership upon completing the test drive.

According to a local news report discussing the accident, an elderly couple visited an Orlando dealership last month to test drive a Nissan SUV. The 86-year-old husband was driving the vehicle, his 76-year-old wife was in the passenger seat, and a dealership representative was riding in the back seat. When the driver attempted to make a left turn back into the dealership, he did so into the oncoming path of another SUV, which struck the Nissan near the front passenger side, causing the SUV to roll over onto its side. Emergency crews responded to the scene, where the 76-year-old woman was declared dead. The husband suffered minor injuries, and the dealership representative was not injured in the crash. According to the news report, all people involved in the accident were wearing seatbelts at the time of the crash.

As drivers get older, their driving abilities generally diminish with time. It can be tough for authorities and the family members of aging drivers to assert that the driver may no longer be able to safely operate a vehicle. Florida has enacted the “GrandDriver program” to offer resources and support (as well as additional rules) for drivers over 80 years old and their families. Florida drivers over 80 years old must renew their license every 6 years (compared to every 8 years for younger drivers), and pass a Mature Driver Vision Test at an approved location. These additional rules have been enacted to help mitigate the dangers of allowing aging drivers to retain their driving privileges.