Articles Posted in Car Accidents

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Our Miami Personal Injury Attorneys Invite You To Take Our Distracted Driving Quiz!

Distracted driving is a serious problem in Florida and across the nation. The personal injury attorneys at Greenberg, Stone & Urbano are alarmed by the high rates of distracted drivers in our area.  Our attorneys recognize that some people simply do not understand what behaviors constitute distracted driving or how dangerous driving distracted can be.  We offer a quiz below to test your distracted driving knowledge:

Q. True or False: If you are stopped at a traffic light it is okay to read or return a text.

A. False: It is extremely dangerous to text while you are stopped at a traffic light. You may not see when the light changes and could start to drive too late, or too early. Texting while driving is against the law while the vehicle is in operation, which includes while it is stopped at a traffic light.

 

Q. True or False: Using a hands-free device is a safe alternative to using your cell phone while driving.

A. False: Several studies have shown that hands-free devices can cause significant distraction to drivers.  Even though your hands are on the wheel, your mind will be torn off the road if you are talking, texting, or engaging in other activities with your hands-free device.

Q. Approximately how many people are killed due to distracted driving each day, according to the National Highway Traffic Safety Administration (NHTSA)? Continue reading →

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Miami Personal Injury Attorneys Explore How Technology Could End Car Accidents

The United States Department of Transportation issued a proposed rule recently that would mandate the development and widespread adoption of connected vehicle technologies throughout the nation. Under the proposed rule, all new “light duty” vehicles, which includes any vehicle weighing 10,000 pounds or less, would enable vehicle-to-vehicle communication technology.  Accordingly, all new vehicles would have the potential to avoid a multitude of crash scenarios by “talking” to one another.  Soon, the DOT also plans to issue a rule requiring the adoption of vehicle to infrastructure technology, which allows cars to communicate with their surroundings, such as traffic lights and stop signs.  Our South Florida personal injury lawyers anticipate that these technologies combined will save thousands of lives.

Vehicle Communication Technologies

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Miami Personal Injury Attorneys Celebrate the Use of Seatbelts

The United States Department of Transportation’s National Highway Traffic Safety Administration recently released a promising new finding—seatbelt use in the United States has reached its highest level since the government began conducting surveys. Our personal injury attorneys are pleased to announce that today, approximately 90 percent of all drivers and passengers wear their seatbelts while their vehicle is in operation, which is up from 88.5 percent in 2015. The data was gathered through a mass observational study known as the National Occupant Protection Use Survey (NOPUS).

Seatbelts Save Thousands of Lives Annually

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Our car accident lawyers report that a well know accident intersection is under scrutiny by Florida’s Department of Transportation after a crash recently claimed the life of an 82-year old Uber driver.  The fatal crash occurred at the intersection of Federal Highway and Northeast First Street in Delray Beach. This intersection is known as a very dangerous intersection. In fact, the city of Delray Beach hung signs warning drivers they were about to enter a notorious intersection. Unfortunately, a man tragically lost his life despite those warnings. If you or someone you love was injured or killed in a car accident in South Florida, Greenberg, Stone, & Urbano can win the compensation you deserve.

According to the Sun-Sentinel, the man driving a Lamborghini luxury sports car remained hospitalized for a very long time after the crash. The sixty-year-old man’s condition continues to improve, but the timetable for his release from the hospital remains uncertain.  He is lucky compared to the 82-year-old driver of a minivan who was working for Uber at the time of the crash. That man died from injuries he suffered in the crash. Police have made no arrests to this point, and the crash remains under investigation. Continue reading →

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In South Florida, many people try to stay healthy and lead an active lifestyle. Walking, jogging, and bicycling are three common exercises people of all ages enjoy. However, our lawyers know that danger lurks around every corner. Hundreds of pedestrians are injured or killed each year in Florida. This number hopefully will not go up, but one cannot be sure given the number of distractions people have while driving these days. Our personal injury attorneys know how to protect your rights and help you fight for the compensation you deserve for your injuries.

As experienced Miami personal injury lawyers, we see many cases just like the one that appeared in the Miami Herald on September 25, 2016. A driver left the scene of a fatal crash with a person who was jogging according to Florida Highway Patrol. Unfortunately, the man did not have identification on him and police sought the community’s help identifying him.  The driver ultimately identified herself to law enforcement because she believed she hit something along the side of the road. The crash occurred around 6:30 in the morning on State Road 84 in West Broward. The initial investigation reveals that the right front portion of the car struck the jogger. Continue reading →

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A July 2016 decision by the Florida Court of Appeals demonstrates why you need highly skilled, experienced, and professional attorneys representing you if you suffered personal injuries through no fault of your own.  The trial judge allowed a bio-mechanical expert to testify about the velocity change in an accident and forces applied to the human body in an accident.  That is only part of this story. The attorney’s behavior at that trial fell measurably below how an attorney should act. South Florida personal injury attorneys Greenberg, Stone, & Urbano received an AV rating from Martindale-Hubbell for their professionalism and success.

The plaintiff in the case suffered injuries when a truck traveling in the same lane of traffic as she hit her car as she turned into her driveway.  The driver of the truck claimed that she swerved, and he could not avoid her. The plaintiff claimed permanent injuries to her shoulder, neck, and back as a result of the crash. The jury returned a verdict that the defendant truck driver was not negligent in causing the accident. The plaintiff appealed the jury verdict.

The plaintiff complained that a biomechanical expert testified at trial about the change in velocity of the cars at the time of the crash and how that change in velocity effects the human body. Change in velocity is called “delta-v.” Delta means change and “v” stands for velocity.  The change in velocity causes physical forces to be applied to the body. Courts allow biomechanical experts to opine how the changes in velocity affect the severity of the impact of the vehicles.  Courts do not allow a biomechanical to testify that an accident could or could not have caused certain injuries to be permanent because they lack medical training. Biomechanical experts can, however, give an opinion as to the car crash caused the injury. The plaintiff lost this argument on appeal. The appeals court ruled that the defendant’s biomechanical expert testified properly. The appeals court reversed the case on other grounds. Continue reading →

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In Florida, car accidents in which damages for personal injuries are at stake, the issue of whether the injuries are permanent is most often left up to a jury to decide.  Judges can take that decision away from the jury in very limited circumstances. Only when there is no issue of fact for the jury to decide, then the judge may make a finding of a directed verdict. Judges must make very detailed findings on this issue. We at Greenberg, Stone, & Urbano, a Miami personal injury law firm, as rated by the Miami Herald, have faced directed verdicts in the past and have persuaded judges to let the case go to the jury.

In the appeal court’s most recent decision in the James case, the plaintiff was riding in a car in the city of Tampa. A trash collection truck moved slowly in front of the car in which James rode. The trash truck backed up and collided with the car. James alleged that the trash truck struck the car once, but the City of Tampa claimed the truck hit the car only once. James suffered personal injuries from the crash with the trash truck. The City of Tampa contested James’ injuries. James suffered injuries in a car crash four months prior when another vehicle struck him broadside. James waited three months before seeking treatment for his injuries from the first crash. Continue reading →

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In Florida, for car accidents involving personal injuries, there arises a question of whether PIP applies to cover medical bills. Personal injury protection commonly referred to as “PIP” is set off from other damages in motor vehicle accidents.  PIP is a component of Florida car insurance policies and covers medical expenses up to $10,000 for an injured party. A person injured in a car crash receives PIP when the medical expenses relate to the crash in issue, are reasonable, and are necessary. In most instances, the PIP payment will be set off, or deducted, from the ultimate damage award. There are exceptions, but generally, the PIP set off prevents a plaintiff from receiving exemplary damages. Exemplary damages are damages, which are not related to the injury but are punitive in nature. Our personal injury lawyers in South Florida find that Florida law prohibits exemplary damages in most personal injury cases.

In the Carpenter case, the plaintiff, Chavez, suffered injuries in a car crash caused by Carpenter. Chavez argued that the medical damages she suffered exceed $203,000. However, the jury heard evidence that Chavez had a pre-existing condition.  Chavez suffered from a condition that caused four discs to bulge in her neck. The jury returned a verdict of $48,840 for past medical expenses attributed to the crash. The jury found that Chavez did not sustain any permanent injuries in the crash and did not award her for future medical expenses.  Continue reading →

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In Florida car accident cases, the issue of punitive damages arises in the context of whether the driver who caused the accident was under the influence of alcohol or drugs or is operating recklessly. Punitive damages punish certain behavior and reach beyond auto accident policies to a person’s pocket. A jury can award punitive damages in addition to an award of compensatory damages for past and future medical bills, lost wages, and loss of future earnings. With the combined 130 years of legal experience in South Florida, the car accident attorneys Greenberg, Stone, & Urbano have handled many cases for clients involving reckless behavior and have asked for punitive damages. Our vast experience gives us an advantage over other personal injury firms.

In the State Farm case, the defendant was a physician who fell asleep while behind the wheel and caused a car crash that injured the plaintiffs. The plaintiffs claimed that the defendant took prescription sleeping medication before leaving on a three-hour drive. The defendant, however, said that he was just tired from a long day and drifted off to sleep while driving. The defendant also contested the extent and seriousness of the plaintiff’s injuries.  The plaintiffs asked the court to separate the trial into two jury trials. The first part of the trial concerned whether the plaintiff proved that the defendant was negligent as well as the extent and the permanency of the plaintiffs’ injuries.  The plaintiffs asked the judge to hold a second trial on whether they were entitled to ask the jury for punitive damages because of the reckless act of the defendant taking sleeping pills before taking an anticipated three-hour drive.  Continue reading →

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Many thousands of people vacation in Florida annually. People from all over the world turn to Florida’s amusement parks, its beautiful beaches, great golf, abundant fishing, and year-round warm weather for rest and relaxation with family and friends. Tragedy can strike while on vacation. You need to know where you can turn for help when you are out of your familiar surroundings, and something terrible happens. You need to know where to turn for help. If you or someone in your family suffered personal injuries or died as a result of another person’s careless acts, you need the law firm the Miami Herald voted to be the Top Law Firm in South Florida: Greenberg, Stone, & Urbano.

While terrible and tragic, severe car crashes occur on Florida’s highways that involve vacationers from out of state. For instance, a dream vacation for a family from Leadwood, MO turned into a terrible nightmare. The parents of two young girls were killed on Interstate 4 just outside of Orlando recently when another car struck the front end of their car. The force of the collision forced the victims’ car off of the road and into a tree. The impact with the tree killed both parents. Their two daughters, aged 13 and 8, survived but suffered very serious personal injuries.  It was a dream vacation gone wrong. The parents saved money for months so they could show their daughters what it was like to go on vacation. The family was traveling to the beach when the fatal car crash happened. The family visited Walt Disney World and Universal Studios over the previous couple of days before the crash.  Due to the severity of the injuries to the children, they do not know that their parents died in the crash. Relatives flew to Florida to be with the children and break the heart-wrenching news to them. Continue reading →

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