Miami Personal Injury Lawyer Blog

I once heard someone say that in Florida it's ok to lend anything but your car to a friend...I didn't quite understand what that meant until I attended Law School and came across the "Dangerous Instrumentality Doctrine".

Vehicle Owner Equally Responsible

Under Florida Law, the owner of a motor vehicle is liable for the damages and/or injuries caused by another operating his or her vehicle. This rule is the result of the "Dangerous Instrumentality Doctrine" as adopted by the Florida Supreme Court in the case of Southern Cotton Oil Company v. Anderson, 80 Fla. 441, 468, 86 So. 629, 637 (1920) where the Court stated that: "one who authorizes and permits an instrumentality that is peculiarly dangerous in its operation to be used by another on the public highway is liable in damages for injuries to third persons caused by the negligent operation of such instrumentality on the highway by one so authorized by the owner".

Continue reading "Owner Of Car Is As Liable As Driver" »

According to a recent article by the LA Times, Toyota Motor Corporation has issued a new recall, this time for 2.17 million cars in the United States. The recall affects six models and is intended to address problems of sudden acceleration.

List of Toyota Recalls

The recall list includes:

• 761,000 RAV4 sport utility vehicles (2006 to 2010 models)
• 603,000 4Runner SUVs (2003 to 2009 models)
• 397,000 Highlander and Highlander hybrid SUVs (2004 to 2006 models)
• 372,000 Lexus RX SUVs (2004 to 2007 models)
• 20,000 Lexus GS sedans (2006 and 2007 models)
• 17,000 Lexus LX sedans (2008 to 2011 models)

For more information on this recall, please visit Toyota's page on the subject.

Continue reading "New Toyota Recall" »

So called "blind spots" can be very dangerous when changing lanes in a car. They are usually deadly when changing lanes in a motorcycle. Riders on cruisers, who usually wear open helmets (or none at all) can't hear a vehicle in the lane next to them because of the surrounding noise. Similarly, those who ride sport bikes while wearing closed helmets can't hear most noises (specially if they're listening to music from an Ipod or similar device) and on top, their lateral visibility is blocked by the helmet. These are factors that may contribute to crashes that happen when riders change lanes without noticing a vehicle in their blind spots. Therefore, we all (drivers and specially riders) need to turn our heads and make sure there are no vehicles in those spots before attempting to change lanes.

New Technology to the Rescue

Finally, new safety technology that is being made available for cars, may soon be made available for bikes. A recent B.B.C. article, talks about new safety technology that would not only alert riders of vehicles in their blind spots, but can also warn them when they are traveling to fast before they reach an upcoming curve.

Continue reading "Upcoming Safety Features for Bikes" »

Not all people drive their cars in a safely manner. By the same token, not all young bikers ride recklessly. A young man from Miami was riding in a six lane road when a driver in the lane next to him suddenly decided to change lanes, cutting the rider off. The man in the motorcycle tried to avoid crashing into the other vehicle but in doing so lost control of his bike and fell. The fall gave him severe "road rash", scarring, bruising and fractures. He subsequently retained the Law Offices of Greenberg & Stone, P.A. to represent him.

Drivers Must be Mindful of Motorcycles When Changing Lanes

According to the Florida Drivers Handbook every driver must indicate their intentions to others with their turn signals. Being constantly aware of other vehicles in your vicinity is an important skill for drivers to safely operate their vehicles in our busy streets. That is why our cars come with rear and side view mirrors. Similarly, it is important to check for blind spots next to our own car before changing lanes. A driver who is about to change lanes must turn his head to see if there is a vehicle in his or her "blind spot". For obvious reasons, all drivers under these circumstances must exercise special care to look for motorcycles, because they are smaller and more difficult to see. Our frequent failure to see motorcycles around or approaching our path is often the cause for crashes.

Continue reading "Rider Has a Bike Accident in Miami" »

A sixty year old Broward business executive who used to work out by riding his bicycle everyday, was moving with the flow of traffic when a driver backing her car out of her driveway suddenly struck him because she was not properly looking back and failed to yield. The victim has retained Greenberg & Stone, P.A., to represent him in this traffic accident case. He was taken to Broward General Hospital's emergency room with multiple traumas: a closed head injury, a fractured jaw, a derangement of the left knee and other back and neck injuries. After being admitted to the hospital he was operated on under general anesthesia, resulting in the insertion of plates and wires. Thankfully, he had a bicycle helmet on at the time of the accident.

Theses Accidents Happen Very Often and Many Times Result in Fatalities

Regrettably, accidents between cars and cyclists of all ages happen frequently and since riders are completely unprotected in a bicycle, they often result in fatalities. According to the Florida Department of Highway Safety and Motor Vehicles in their latest available report , 512 people were killed in bicycle accidents between 2000 and 2004. This report also shows that 23,842 people were injured in this kind of accidents during those years.

Continue reading "Man Struck by SUV While Working Out on His Bicycle" »

A pedestrian was killed early this morning by an SUV while crossing the intersection of Melaleuca Lane and Wiggins Road in Lake Worth. The elderly victim, Fatemeh Kazemishahmirzadi, was crossing in front of a vehicle in the lane closest to the median when the vehicle in the next lane hit her, maybe because the driver did not see her.

Florida Law states that motor vehicles must always yield to pedestrians, specially when these are crossing at an intersection and regardless of whether the crossing is marked or not. However, this fact alone (i.e., a driver failing to yield to the pedestrian) does not determine who was at fault in this kind of accidents. Therefore, an investigation is opened to find other facts, like whether the driver could have seen the pedestrian and/or whether the light was green.

Statistics by the Florida Department of Higway Safety and Motor Vehicles (see Florida Traffic Crash Statistics) seem to show that pedestrians between the ages of 75 and 84 are a particularly vulnerable group which accounts for 22.22 percent of all pedestrian fatalities that occurring when a pedestrian was crossing at an intersection in this State.

Continue reading "Pedestrian killed in a crosswalk accident in Lake Worth" »

Fatal car accidents caused by distracted driving rose 3 percent from 2004 to 2008, according to National Highway Traffic Safety Administration (NHTSA) data. Distractions can come from a variety of sources, both in and out of the car. With so many things, from cell phones to billboards and construction, fighting for drivers' attention, accidents are bound to happen.

Distracted Driving Is Negligent Driving in Florida and Elsewhere

Unlike some other states, Florida does not yet have a law banning cell phone use while driving. Even without a formal law on the books, however, a distracted driver may be held legally responsible for causing a car accident through negligence. Negligence is the failure to do what is reasonable under the circumstances and breaching the applicable duty of care.

All drivers owe others on the road the duty to operate their cars reasonably and safely. Adequate care requires a driver to stay focused while driving. Using cell phones and other electronics devices while driving significantly diminishes a driver's ability to react to changing road conditions. A 2009 study by Car and Driver even concluded that texting while driving can be more dangerous than drunk driving.

Cell Phones Aren't the Only Distraction

Texting while driving gets a lot of news coverage, but distracted driving isn't just about cell phones. According to the U.S. Department of Transportation, there are three types of driving distractions that increase the chance of an accident:

• Cognitive: A cognitive distraction occurs when a driver takes his or her mind off the tasks required for safe driving. One example of a cognitive distraction is mentally reviewing a fight with a spouse rather than paying attention to the road.
• Manual: A manual distraction involves the driver removing his or her hands from the wheel. Sending a text or grabbing a dropped item are examples of manual distractions.
• Visual: A visual distraction is when the driver takes his or her eyes off of the road. Checking on a screaming child in the back seat or star gazing at night are types of visual distractions.

Distracted driving is a serious concern in the United States. In Florida alone, at least four fatal accidents were directly caused by driver distraction in 2009.

A Personal Injury Attorney Can Help

If you or someone you love has been injured or killed in a motor vehicle accident, contact a knowledgeable car accident attorney, like those at Greenberg & Stone, P.A. An experienced personal injury attorney will thoroughly evaluate your claim to find out whether the driver's careless use of a cell phone caused your injuries. For more information, visit us at www.sgglaw.com.

Florida law requires every driver to carry car insurance, but do our insurance laws go far enough? If a Florida driver is "fully covered" under Florida's car insurance laws, how well will he or she be protected in the event of a serious car accident? If a "fully covered" Florida driver causes an accident, what can the victims expect in terms of compensation from the responsible driver's insurance company?

The answers to these questions may surprise you.

What Does 'Fully Covered' Mean?

The only type of car insurance required by Florida law is personal injury protection (PIP) insurance. This is no-fault car insurance, which means that your insurance company will compensate you regardless of who caused the accident. Under PIP coverage, your own medical expenses (usually up to 80 percent) and your lost wages (up to 60 percent) are covered, up to a maximum of $10,000. While $10,000 might sound like a lot, the funds can go quickly, especially if you have suffered a serious injury.

Don't Florida Drivers Have to Carry Liability Insurance?

Liability insurance, sometimes called bodily injury insurance, provides an additional source of compensation for any victims of a motor vehicle accident caused by a driver who carries this type of coverage. In a typical liability insurance policy, the insurance company agrees to provide coverage for liability claims after an accident up to the policy limits.

Florida drivers are not required to carry liability insurance. In practical terms, this means that you could suffer devastating injury in a car accident that was clearly caused by another driver but be limited to the $10,000 compensation available through your PIP coverage.

What About Uninsured Motorist Coverage?

Drivers who have uninsured/underinsured motorist coverage (UM/UIM) are protected to a certain extent in the event of a serious car accident with a driver who does not carry adequate liability insurance. If you have UM/UIM coverage, then you can make a claim against your own insurance company to cover some of your expenses from an accident that are not covered by your PIP policy and that exceed the amount of liability coverage carried by the person who caused the crash.

What You Can Do

Carefully review your family's car insurance policies to make sure every family member is adequately covered in the event of an accident. If you don't already have uninsured motorist coverage, consider adding UIM to your policy. Ask your insurance agent about other types of voluntary insurance coverage, and make sure you get clear answers to your questions.

Consider the fact that the PIP limits are higher in some other states that require drivers to carry personal injury protection insurance. For example, in Minnesota the maximum is $40,000, and in New Jersey the maximum is $250,000 for certain catastrophic injuries. Urge your state representatives to reform our car insurance laws.

If you or someone you love has been injured in a car or truck accident and you have questions about insurance claims after the accident, contact an experienced motor vehicle accident attorney, like those at Greenberg & Stone, P.A. A knowledgeable car accident lawyer can help you get the compensation you deserve for medical bills, lost wages, and pain and suffering. To learn more, visit us at www.sgglaw.com.

Contrary to popular belief, low-speed car accidents that cause little or no vehicle damage often result in serious injuries for drivers and occupants.

In fact, in a study of low-impact collisions, the Society of Automotive Engineers found that 29 percent of people suffered neck injuries after their cars were hit from behind at a speed of just 2.5 miles per hour. The injury rate rose to 38 percent for collisions at five miles per hour. Notably, none of the crashes resulted in vehicle damage.

What Is a Soft-Tissue Injury?

Even when they do not result in vehicle damage, low-impact collisions often cause drivers and passengers to suffer soft-tissue injuries -- damage to body tissues other than bone, such as muscles, cartilage, nerves, ligaments or tendons.

Soft-tissue injuries occur when a low-speed collision jerks a vehicle's occupants back and forth causing tissues to be stretched or torn. In the head and neck, this type of injury is commonly known as whiplash. Other body parts can be affected as well, resulting in organ and nerve damage, sprains or even brain injury. Symptoms of whiplash and other soft-tissue injuries may include:

• Muscle soreness or stiffness
• Headache
• Blurry vision
• Bruising, numbness or tingling
• Nausea or vertigo
• Nervousness, irritability or inability to concentrate

Proving Soft Tissue Injuries

Unfortunately, soft-tissue injuries are often hard to prove. This can make it difficult for someone who has been injured in a car accident to obtain much-needed compensation from an insurance company or at-fault driver. The biggest obstacle to proving soft-tissue injuries is a lack of objective medical evidence, since damage to soft tissues may not be verifiable with standard diagnostic tools like X-rays or CT scans. Especially when a claim arises from a low-speed accident that caused no visible vehicle damage, insurance companies or defense attorneys may suggest that an injured person is exaggerating his or her symptoms. In addition, many soft-tissue injuries do not become apparent until days or weeks after an accident, making them still more difficult to prove.

Seeking Help

The good news is that, while proving soft-tissue injuries can indeed be difficult, it is by no means impossible. If you have been in a car accident, however minor, see your doctor first to make sure that you receive the medical care you need. Then, if you are suffering symptoms of a soft-tissue injury, contact an experienced personal injury lawyer like those at Greenberg & Stone, P.A., to learn more about seeking compensation for your injuries. Visit us at www.sgglaw.com.

According to National Highway Traffic Safety Administration (NHTSA) statistics, nearly 100,000 motorcyclists were injured and 5,290 were killed in 2008, the last year for which figures are available.

Because motorcycles offer little protection in a crash, motorcycle accidents often result in catastrophic injuries and death. Per vehicle mile traveled, motorcycle riders are about 37 times more likely to die in an accident than passenger car occupants. As the number of motorcycles on the road increases, it is important for motorcycle riders to have a good understanding of how to protect themselves.

Although accidents do happen, there are some basic steps motorcyclists can follow to protect themselves on the road:

• Wear a properly fitting helmet with a full face guard. According to the NHTSA, helmets are 37 percent effective in preventing fatal injuries to motorcycle operators and 41 percent effective for motorcycle passengers.
• Wear properly fitting, brightly colored personal protective equipment (PPE), including gloves, a jacket, pants and boots made of leather, Cordura, Kevlar or other heavy material. Properly fitting PPE can help to prevent road rash and other serious injuries.
• Do not drink alcohol and ride. In 2008, 30 percent of all fatally injured motorcycle riders had blood alcohol concentrations of .08 or higher.
• Stay alert and watch other drivers carefully. Car and truck drivers often have difficulty seeing motorcycles on the road. Be prepared to avoid cars coming into your lane suddenly.
• Do not tailgate other vehicles or attempt to weave through traffic.
• Choose a motorcycle that fits your abilities. Do not ride a motorcycle that you are unable to maneuver without difficulty. Take the time to attend motorcycle training and to learn local laws governing motorcycles.

Following these safety tips can help assure your safety and increase the likelihood that you will continue to enjoy riding for years to come.

If you or someone you love has been injured in a motorcycle accident, experienced legal counsel is essential. The experienced personal injury attorneys at Greenberg & Stone, P.A. can assess your case and help you recover the compensation you deserve. To learn more, visit our website at www.sgglaw.com.

An average of 646 car accidents occurred each day on Florida roads last year, and more than half of those resulted in injury or death. If these numbers seem high, that's because they are: Florida's rate of traffic fatalities per capita has hovered around 30 percent above the national average for years. While careful driving can go a long way toward keeping you safe on the road, there is always a chance that another driver's recklessness may cause you to crash. Listed below are some basic steps to follow if that happens.

Exchange Information

If you have been in an accident, exchange the following information with every other driver involved in the crash, even if you do not think you have been injured -- many injuries do not appear until days after an accident, or even later.

• Name
• Address
• Phone number
• Insurance provider and policy number
• Driver's license number and description of the vehicle

Document the Accident

Write down exactly where and how the accident occurred. It is a good idea to carry an inexpensive camera in your car to take pictures of the accident scene and any damage to your vehicle. You also may want to record the contact information of any witnesses who saw what happened.

File an Accident Report

An accident report can help the insurance company process your claim more quickly, but police do not always respond to accidents unless someone has been injured. Fortunately, you can file an accident report yourself by visiting a police station after the accident.

Contact Your Insurance Company

After you have been in an accident, you should contact your insurance company as soon as possible to let them know what happened and to give them your side of the story. It is essential, however, to seek legal counsel before providing any kind of statement. And never speak to the adverse insurance company directly or provide them information about potential injuries or witnesses.

Even if the other driver has offered to pay for your repairs out of pocket, you never know for sure if he or she will follow through. If you wait too long to get your insurance company involved, it will be more difficult to gather the information they need to process your claim.

Nobody likes to think about being in a car accident, but it is something that most drivers have to deal with sooner or later. Following these steps after a crash will help protect your rights and make it easier to get the compensation you need.

If you or someone you love has been injured in a car accident, contact the experienced personal injury attorneys at Greenberg & Stone, P.A. for a free consultation. For more information, visit our website at www.sgglaw.com.

The Florida Legislature recently passed a bill aimed to make the public aware of the dangers of driving while fatigued. The bill formally recognizes the first week in September as 'Drowsy-Driving Week.' The week is intended to raise awareness and educate people about the potential consequences of driving drowsy. Representative Alan Williams championed the bill in response to a tragic accident that occurred in 2008, when an 80 year-old woman was killed after the driver of a cement truck fell asleep and rear-ended the bus in which she was a passenger.

The Dangers of Driving Fatigued

Unfortunately, this woman's death is just one horrific example of the results of driver fatigue on Florida's roadways. The National Highway Traffic Safety Administration reports that around 100,000 accidents occur from drowsy driving in America each year.

Drowsiness affects many skills and processes that a driver relies upon to stay safe. The National Sleep Foundation reported that fatigue impairs reaction time and judgment, decreases performance and vigilance and increases moodiness and aggression. Driving while sleepy not only endangers the driver's life but risks the lives of other travelers on Florida's roads.

Tips on Preventing Tragedy

If you feel drowsy while driving it is important to protect yourself and others. If a passenger is with you, let them drive. If you are alone, pull over to a safe place and take a nap or rest.

If you or someone you love is involved in an accident, it is crucial to contact an experienced personal injury lawyer. The process of gathering evidence and meeting strict legal deadlines requires immediate attention from an experienced motor vehicle accident attorney. The attorneys at Greenberg & Stone, P.A., have assisted numerous car accident victims to obtain compensation for their injuries. Please visit www.sgglaw.com to learn how Greenberg & Stone can help you.

Phone use while driving is popular; the National Highway Traffic Safety Administration's most recent survey reported that five percent of all drivers, or one in 20, were observed using a cell phone while driving. The NHTSA estimates that 800,000 drivers are on their phones at any given time during daylight hours.

In January 2010, the NTHSA estimated that 28 percent of all reported crashes were caused by cell-phone use - that's 1.6 million crashes every year. Applying that percentage to the most current statistics from the Florida Department of Highway Safety and Motor Vehicles suggests that over 65,000 accidents in Florida every year are caused by drivers talking or texting while driving.

The car accident and personal injury attorneys of Greenberg & Stone, P.A. encourage safe driving. Never text while driving, and try to limit conversations on the phone by pulling over to a safe place or waiting until you are at a stop light before picking up the phone. If you have a passenger with you, let them use the phone so you can focus on driving. If you have Bluetooth or other hands-free options, use them whenever possible.

The law firm of Greenberg & Stone, P.A., frequently represents victims of car accidents and other personal injury accidents. The firm is dedicated to making our highways and roads safer for everyone. If you have been injured in an accident caused by a distracted driver, please visit our website at www.sgglaw.com to learn how we can help.

Related Sources:

Florida: Cell phone laws, legislation

Driver Cell Phone Use in 2006 -- Overall Results

The Florida Department of Highway Safety and Motor Vehicles announced that traffic fatalities fell to the fewest ever reported while declining for the fourth consecutive year. The Department cited several reasons for the good news: new seatbelt laws, strategic law enforcement and education and awareness campaigns.

Unfortunately, traffic fatalities are still a fairly frequent occurrence in Florida. More than 2,500 motor vehicle fatalities occurred last year alone, which means that someone was killed every three and a half hours on a Florida road or highway. These deaths cause a devastating impact on survivors of the deceased. The survivors of those killed in car accidents are left with numerous important responsibilities immediately after a loved one's death. Pursuing legal action against the wrongdoer is not something that most people wish to focus on while grieving for a loved one, but it is crucial for survivors to know their legal rights.

Survivors' Rights in a Wrongful Death Action

Florida's wrongful death statute defines survivors to include spouses, children, parents or any blood relative or adopted brother or sister who depended on the deceased for support. The law allows a personal representative to bring an action for the benefit of the survivors for wrongful death, negligence and other theories of legal liability.

The personal representative can seek damages for the effect of the victim's death on his or her family including the lost value of support and services occurring after the injury, future support and services lost, medical and funeral expenses. Particular survivors, such as spouses and children, may also be entitled to damages for the loss of companionship, protection and for mental pain and suffering.

Survivors Should Take Immediate Action

Florida's wrongful death laws expressly state that they are to be construed liberally to ensure that the wrongdoer is financially responsible for a fatality - not the survivors. However, it is important for survivors to promptly contact an experienced personal injury attorney as the complex laws have strict time limits to file a claim for damages.

The law firm of Greenberg & Stone, P.A., represents families who have suffered a loss due to a wrongful death. The firm is dedicated to making our highways and roads safer for everyone. For more on what your rights, or on how we hold negligent parties accountable, please visit our website at www.sgglaw.com.

Source: State of Florida - Department of Transportation News Release "Florida Traffic Fatalities Fall to a Record Low in 2009" 6/14/10

Florida's 382-mile stretch of I-95 is the most dangerous interstate highway in the United States, a recent study found.

The report, featured in the Daily Beast and based on National Highway Transportation Safety Administration statistics, found that there were 662 fatal accidents on I-95 in Florida from 2004-2008, or 1.73 deaths per mile. The study examined 250 stretches of U.S. highway and compared the number of fatal crashes to the number of miles on each particular highway.

Unfortunately, I-95 is not the only problem road in Florida. The I-4 corridor came in third on the Daily Beast's list, with 1.58 fatal accidents per mile. Florida's I-75 was number 15 with 1.14 fatal accidents per mile.

This confirms what trial attorneys in Florida have known for years: Florida's roads are dangerous and deadly. Distracted drivers, high numbers of large commercial trucks and poor road maintenance are just a few of the contributing factors to the high rate of fatality on Florida's highways. Close to 40,000 drivers and passengers on U.S. roads lost their lives in 2008 alone.

As the summer begins, it becomes even more important to be alert behind the wheel. According to the group Road Safe America, the time between Memorial Day and Labor Day is traditionally the most dangerous time of year on America's highways. Experts estimate that Americans will drive more than one trillion miles in a typical summer, as many take to the road on vacation. For Florida, this means more drivers on already congested highways, many of whom are from out-of-state and unfamiliar with Florida's traffic laws.

Although statistics paint a grim picture, drivers can take steps to avoid accidents on dangerous highways like I-95:

• Do not drink and drive
• Do not drive aggressively
• Do not use cell phones, GPS or other electronic devices while driving
• Always wear a seatbelt

For more information about what to do if you have been involved in a car crash, contact the law firm of Greenberg & Stone, P.A.