Car Accidents

Car Accident Law and Racial Disparities in Seat Belt Enforcement in Florida

February 9, 2016 | Wolfson & Leon

Florida’s seat belt laws are designed to reduce the impact that personal injury accidents have on individuals and families. Those who are not wearing a seat belt in the event of an accident are more likely to get injured and killed than those who buckle up. Under Florida Law, all front seat passengers are required to wear a safety belt and all passengers under 18 years of age are required to buckle up regardless of where they are seated in the car. The law is subject to primary enforcement, meaning that an officer can pull you over if he or she has reason to suspect that you aren’t wearing your seat belt.

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Primary enforcement of seat belt laws has been credited with increased seat belt use and compliance, as primary enforcement laws give officers the ability to protect children who are not properly restrained.

Yet, the law isn’t perfect. According to an article published in the New York Times, the ACLU recently reported that black drivers are more likely to face primary enforcement of seat belt laws in Florida than white drivers. In some counties the disparity in the number of stops was significant. For instance, in Orlando, black drivers were three times as likely to be stopped for not wearing a seat belt than white drivers.

Car Accident Lawyer Investigates Wrong-Way Wrecks in Miami: How Common Are They?

January 11, 2016 | Wolfson & Leon

In the last days of December, five people were killed in a wrong-way wreck on I-95, drawing attention to the danger of wrong-way collisions on Miami roads. NBC Miami notes that, according to one FDOT study, between the years of 2009 and 2013, 280 wrong-way crashes have killed 75 people on Florida highways.

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Yet, why do wrong-way crashes take place and what can drivers do to prevent them? It is unclear why the woman responsible for the accident in late December was driving on the wrong way in the northbound express lanes of I-95.

The National Transportation Safety Board recently released a special investigative report on wrong-way driving. According to the report, alcohol and drug use are main contributing factors to wrong-way driving accidents. According to the report, more than half, and as many as one-third of wrong-way accidents involved drivers impaired by drugs or alcohol. Older drivers were also found to be more likely to be involved in wrong-way driving collisions. Drivers over 70 years of age were more likely to be in these accidents than right-way fatal driving collisions.

Miami Car Accident Attorney Discusses Ways to Stay Safe While Viewing Christmas Displays This Holiday Season

December 29, 2015 | Wolfson & Leon

‘Tis the season for eggnog, fruitcake, and driving around Miami to view the incredible holiday light displays. Yet, if you plan to drive to explore the festive displays this Christmas season, before you leave home, take some steps to keep yourself safe while driving. The displays can be distracting for the person behind the wheel and no one wants to get into an accident during the holidays. The Miami Herald recently published a list of the most stunning holiday light displays in the city. With the kids off school and many people taking time off, there’s no better time than to head out and get into the spirit by looking at these painstakingly constructed displays.

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Here are some driving tips to consider before you enjoy the holiday cheer:

Don’t drink and drive. It goes without saying, but drinking and driving is dangerous and leads to many preventable deaths and injuries each year. According to MADD, over 600 people are killed by drunk drivers every year. The cost of drunk driving fatalities is about $3.5 billion annually. These numbers don’t factor in the emotional and psychological toll that these accidents exact on victims. Lives and families are shattered by drunk drivers. Prevent a tragedy.

CONFESSIONS OF AN INSURANCE DEFENSE TRIAL ATTORNEY

December 16, 2015 | Wolfson & Leon

“Know your enemy and know yourself and you can fight a hundred battles without disaster.” Sun Tzu

We represent people who were injured or killed due to the negligence of another person or company. Often times, fighting for justice involves going to trial. That is why it is important to know how to represent injured people, but to also know thy enemy – the defense attorney. That is why we bring to you the “Confessions of an Insurance Defense Trial Attorney”. The following actually took place in a South Florida courtroom and provides a unique insight into the mind of a defense attorney who chooses to remain anonymous.

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The first trial witness was the plaintiff’s treating physician. He was a young orthopedic surgeon who was educated at Harvard and never missed an opportunity to let everyone know. His self-confidence knew no bounds. It wasn’t hard to imagine his mom always telling him, since birth, that he was the smartest and the best. Although he was about six feet tall, he looked like he never missed a meal and as a result, he couldn’t button his white lab coat if he wanted to.

DOES THE DEFENDANT HAVE INSURANCE?

December 16, 2015 | Wolfson & Leon

In a Miami-Dade jury trial, the jury will very likely want to know the answer to the following question: “Does this defendant have insurance and if so, how much?” The answer is that most defendants in personal injury trials have insurance. But that will never be disclosed in trial because of Florida law. Now, is that entirely fair? We don’t think so. And the law used to be different. But it changed as we discuss below.

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In products liability cases, defendants usually include retailers and manufacturers. Those defendants usually have insurance. In medical malpractice cases, the defendant doctors and hospital either have insurance or are self-insured. In premises liability cases, the defendant property owner is almost always have some type of insurance. But the law does not allow for the insurance company to be mentioned in trial.

There is an even more practical reason why it is safe to assume that the defendant in a personal injury trial has insurance. Personal injury attorneys work on a contingency fee meaning they do not get paid a fee unless their client recovers. There can be no recovery unless the defendant has insurance or assets. Most people do not have assets and those who do often hide or transfer those assets so that they are “judgment proof” in the event the jury decides against them. So as a practical matter, it is safe to assume that an overwhelming number of defendants in personal injury trials do in fact have insurance.

YOUR PERSONAL INJURY LAWYER DISCUSSES THE DUI INJURIES IN MIAMI

December 16, 2015 | Wolfson & Leon

The “DUI Season” starts the day before Thanksgiving and ends after New Year’s weekend. Unfortunately, good people get injured and even killed by individuals who drive while impaired by drugs and/or alcohol. If you are injured by a DUI driver, your personal injury lawyer has some facts you should know.

Thanksgiving Eve is known as “Black Wednesday” and is one of the busiest bar nights of the entire year. It even rivals St. Patrick’s Day and New Year’s Eve. It is also one of the single busiest nights for DUI related injuries and wrongful deaths. Thanksgiving weekend is the busiest travel period of the year and a majority of people travel by car. Driving Under the Influence is not solely restricted to alcohol but includes legal and illegal drugs. The National Highway Traffic Safety Administration estimated that in 2012 more than 10,000 people died in impaired driving crashes. That averages out to one death every 51 minutes.

Florida has Zero Tolerance for drivers under 21 who drive impaired. This means that any driver under 21 who has a blood alcohol level of .02 or higher will automatically have their driver’s license suspended for 6 months. The .02 limit is in place so that drivers under the legal drinking age cannot have a single drink and drive. And that’s the idea. The legal limit for drivers over the age of 21 is .08. Florida penalties for first conviction of DUI include:

Personal Injury Claims for Immigrants: What You Need to Know If You’ve Been Injured in Miami

December 3, 2015 | Wolfson & Leon

If you’ve been injured in Miami and you are an immigrant, your rights, responsibilities, and protections may be different than those afforded to citizens. While most people who have been injured seek recovery through personal injury claims, immigrants may have many factors to consider before they make the decision to pursue a lawsuit.

According to the Legal Intelligencer as many as 8 million illegal immigrants may be part of the labor force. These individuals often perform hard labor in dangerous industries, including agriculture, manufacturing, and construction. Because many workers in these industries fear deportation, they may not seek legal remedies when they are injured on the job. Immigrants who have been injured while driving also face similar challenges as they may fear taking their case to the civil court system. After all, what happens if they are asked about their legal status during a trial? Could they face deportation?

The issue is somewhat complex. In many cases, individuals who face deportation may be able to apply for parole or a stay of removal using recently-passed immigration protections. However, not all people qualify for these protections. Personal injury lawyers in Miami who are handling these individuals’ cases may sometimes refer these clients to immigration lawyers to ensure that they are protected. Attorney client confidentiality protects individuals who inform their attorney about their immigration status. Questions about immigrations status are best answered by immigration and naturalization attorneys. So, individuals who have suffered a personal injury either on the job or while driving may be wise to speak first to an immigration lawyer before they speak to a personal injury lawyer about receiving compensation for their injuries.

YOUR PERSONAL INJURY LAWYER DISCUSSES BUS ACCIDENTS

November 23, 2015 | Wolfson & Leon

Many South Floridians rely on buses and public transportation on a daily basis. But how safe is it for you and your family? What happens if you get injured because of the negligence of a bus driver?

Broward County paid over $6.5 million dollars to settle claims caused by bus drivers from 2008 to 2013. There have been a number of news articles on the safety records of bus drivers in Miami and Broward County. The Sun Sentinel published an expose called “Bad bus drivers stay behind wheel despite many accidents – LENIENT POLICIES AND SLOPPY ENFORCEMENT AT BROWARD COUNTY TRANSIT TO BLAME”. With more than 4,500 bus stops and 125,000 daily passengers, Broward County Transit drivers deal with everything from crime to accidents. There is even a database with the incident and accident reports filed with Broward County Transit. The Miami Herald regularly reports on bus accidents causing injuries and sometimes fatalities.

If you or a loved one are injured on a bus it is important to seek the advice of a personal injury attorney. The attorney can first investigate whether the bus was privately or publically owned. This will make a big difference on how your claim moves forward. If it is a public bus, like Broward Transit or Miami-Dade Transit, then your personal injury attorney will send a formal notice as required by law. This notice will begin a six month waiting period while the public agency investigates your claim. If your claim is not resolved in those six months, then you can file a lawsuit. If you do not send the notice, your case can be dismissed until you comply with the statutory notice requirement.

ACCIDENT WITH AN UBER DRIVER: WHAT DO I DO?

November 2, 2015 | Wolfson & Leon

What can an Uber passenger do if they are injured in a car accident? The answer is not nearly as easy as getting an Uber ride.

First thing you should do if you are in an accident with an Uber or Lyft driver in Miami is call an attorney. Why? Because the insurance questions for Uber and Lyft remain unanswered. In fact, a lawsuit was filed by taxi companies against the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) to force the state to answer questions about the minimum insurance requirements for Transportation Network Companies (TCNs). In a Sept. 17 order, Judge George S. Reynolds III of the Second Judicial Circuit Court for Leon County said the state agency must respond within 40 days to a complaint filed by two Florida taxi companies.

In short, most TCNs have one million dollars in coverage while the driver is connected to the app. But that coverage only applies after the driver’s personal auto insurance is used. The problem is most personal auto insurance exclude coverage for accidents that occur when their policyholder are “driving for profit”. It will take an experienced attorney to find the correct source for compensation of your medical expenses, loss of income and injuries.

MOTORCYCLE ACCIDENTS – LOOK TWICE SAVE A LIFE

October 29, 2015 | Wolfson & Leon

Two motorcyclists were killed in a crash last night in the Florida Keys. The accident involved a vehicle and a motorcycle and resulted in a fatal left turn collision. This unfortunate tragedy further emphasizes the need for awareness of the “Look Twice Save a Life” campaign.

The last four words any driver should ever say are “I never saw him”. Rider Smart Florida, a safety organization, provides top ten list of what all car and truck drivers should know about motorcycles:

1	More than 50% of all motorcycle crash fatalities involve a car. A majority of the time, the vehicle driver , not the motorcyclist, is at fault. There are more vehicles and trucks than motorcycles, and some motorists don’t cognitively notice a motorcycle and they “ignore” it (usually unintentionally).
2	A cycle, because it is small, can be unseen in the blind spot of a vehicle or covered by the background or objects outside of a car (fences, bushes, bridges, etc). Take an extra minute to look for motorcyclists, whether you’re turning at intersections, changing lanes or backing up.
3	A motorcycle can look farther away than it actually is. It can also be difficult to determine a motorcyclist’s speed. When looking to make a turn in an intersection or out of (or into) a driveway, assume a motorcyclist is closer than it appears.
4	Motorcyclists will often slow down by rolling off the throttle or downshifting, and by doing this the brake light is not activated. Try to allow for more stopping distance, even 3 or 4 seconds. At intersections, assume a motorcycle will slow down without any visual warning.
5	Motorcyclists often change lane position to minimize the effects of wind, passing vehicles, and road debris as well as to be seen by drivers more easily. Try to keep that in mind and to understand that motorcycles change their lane position for a reason, not to be careless or to show off or even to let you to share the lane.
6	A motorcycle’s turn signals are generally not self-canceling. Therefore some motorcyclists (beginners in particular) will forget to turn the the signal off after a lane change or a turn. It is best to be certain as possible that a motorcyclist’s signal is for real.
7	One of a motorcyclist’s better values is maneuverability. This is particularly true at lower speeds and in good road conditions. However don’t expect a motorcycle to always be able to get avoid any danger.
8	Stopping distance for motorcyclists is about the same as it is for cars. But slippery or wet pavement makes stopping fast very difficult for everyone. We should all allow more following distance behind a motorcyclist because it is impossible to always stop suddenly.
9	Look at the motorcyclist and see the guy or girl under the helmet – it could be your relative, neighbor, or friend.
10	Keep in mind, when a driver crashes into a motorcycle, bicycle, or pedestrian and causes death or serious physical injury, that driver will likely never forgive themselves.

If you or a loved one were injured or killed in a motorcycle crash, you should seek the assistance of a motorcycle accident lawyer. Wolfson & Leon is a Miami personal injury law firm located in Miami, Florida. The trial attorneys at Wolfson & Leon offer assistance to all motorcycle and car accident victims in Miami, Florida. If you are suffering from injuries sustained in a bicycle, car or motorcycle accident, call Wolfson & Leon. If you do not recover, you pay no attorneys’ fees. Schedule a free initial consultation today by calling us at 305-285-1115.