Item: Flaxman Law Group
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Author: Clara Barman

Will Your Teen Be Driving to School This Year? Help Them Avoid a Collision

Published on: August 15, 2014 | By Flaxman Law Group

If you have a new driver in your home this year, your teen may well want to drive to school when classes start next month. It can be intimidating to consider your child taking on the morning commute, but there are a few ways to keep your teen safe:

1) Make sure that your teen’s driving skills are up to the task.

If your child has gotten their driving license recently, they may not have developed the skills and experience needed to face driving to school each day. In that case, consider getting your teen some extra classes with a driving instructor or practice driving together. In-class practice is a good way to build skills and confidence, although you may also improve your child’s skills by signing them up for defensive driving classes or even racing school. Both will further hone driving ability and will make sure your teen works with a qualified instructor.

2) Take a look at your child’s car.

Is the car your teen will be driving to schools safe? All too often, teens buy their first used car with their savings, and in some cases these older cars may have maintenance issues or trouble with major systems (such as brakes or tires). A car that is in good repair may help your child avoid a motor vehicle collision in Homestead or your community, so take your child’s car to the mechanic for a full tune up.

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Why Summertime in Hollywood and Florida Can Mean a Greater Risk of Car Crashes – And What You Can Do About It

Published on: July 31, 2014 | By Flaxman Law Group

There are many reasons why summertime can mean a greater risk of motor vehicle accidents in Hollywood and Florida:

More traffic due to summer trips, tourists, and teens being out of school
Summer construction and road work projects can wreak havoc on the roads
Summertime can mean barbeques and other events where alcohol is served, meaning a possibly increased risk of drunk driving
The bright sun can contribute to glare (and limited visibility accidents) as well as hot temperatures that can be distracting for drivers

Luckily, there are a few things that motorists can do right now to stay safer:

1) Commit to safer driving.

Could staying safer on the roads be as simple as deciding to be safer? Many safety experts think so. The simple choices that drivers make – such as the choice to turn off their cell phones before driving or the choice to drive defensively – can go a long way towards preventing rear end collisions in Hollywood and other types of crashes across the state. While drivers cannot impact how other motorists drive, they can make the roads a little safer by driving more safely themselves.

Is Your Car Ready for Summer Driving Risks?

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Florida Has Changed Its Car Seat Laws

Published on: July 29, 2014 | By Flaxman Law Group

A recent Florida law passed by Gov. Rick Scott will require parents to use a car seat for their children until the child reaches the age of five. Previously, parents were allowed to use seat belts for children once they turned four, even though safety experts have noted that children should be kept in age-appropriate safety seats until they outgrow them.

Does the new law do enough to prevent child injury in Miami and other Florida communities?

Safety experts and pediatricians praise the legislation, but many say that the law may not go far enough. One problem that safety experts note is that under the new law, children are exempt from the car seat rule if the driver is not an immediate family member. This means that if a caregiver or relative is driving the child, they may not need to use a safety restraint system intended for children, and experts agree that in order for safety seats to be effective they must be used each time a child is transported by car. A car collision in Miami or another community, after all, can happen at any time.

Another problem is that age five might still not be old enough to place a child in a seat belt. Seat belts are very effective in preventing head injuries in Miami and other communities in car crashes because they keep passengers in the car and prevent passengers from being ejected through the windshield. The problem is that seat belts at designed for adults. On a small child, the seat belt can dig into the child’s chest or beck, causing deep cuts or even internal injuries. A seat belt may also not fit a smaller child correctly, offering scant protection in a collision. Experts agree that children face more risks in a car collision when compared with adult passengers and should be kept in age-appropriate safety restraint systems until their age and weight exceed safety seat maximums.

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Why The Mind Can Be One of the Leading Causes of Car Crashes in Hollywood and Other Florida Cities

Published on: July 24, 2014 | By Flaxman Law Group

Drivers are often told about the dangers of external distractions. We all known that cell phones and distracted drivers in Hollywood and Florida lead to collisions. And we are all told that drunk driving in Hollywood and other communities leads to pedestrian crashes and other types of accidents. The good thing is that there are things that can be done about external distractions – but what happens when those distractions come from within?

It turns out that our minds may be one of the biggest culprits behind motor vehicle accidents. A study by Erie Insurance Group found that Cognitive distraction was five times more common a factor in car accidents when compared with cell phone use. Daydreaming in particular was noted as a key reason behind many rear-end shunt accidents and other types of collisions.

Stopping daydreaming-related car collisions in Hollywood and other cities is difficult for a few reasons:

Many drivers may not even be aware that they are daydreaming.
There is no way to legislate daydreaming.
Daydreaming can occur in any situation. A driver can put away their cell phone, turn off their radio, and practice other good habits to avoid distraction, but they can’t get away from their mind.

Distracted Driving

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Are Selfies and Social Media Contributing to Car Accidents in Miami and Other Cities?

Published on: July 17, 2014 | By Flaxman Law Group

Selfies and social media may be a fun way to share memories, but according to some safety experts, they can also increase the risk of car crashes in Miami and other cities. You may already have seen drivers on the road filming videos for their social media accounts or taking selfies of their road trip. While no official studies have been conducted about the dangers of selfies, safety experts say that does not make the risks any smaller.

How could taking selfies and using social media accounts while driving pose risks? There are a number of ways:

1) Selfies and social media use may encourage more interaction between passengers and the driver. Posing together for a selfie or talking to each other in a video may seem like a fun way to celebrate a road trip, but it can also be a big distraction for the driver.

2) Social media use in the car requires drivers to take their eyes off the road. Whether it’s uploading a video to a social media account, checking a photo just taken, or lining up a mobile device to take a picture, these activities take a driver’s eyes off the road. In many cases, this can mean that the motorist can travel the equivalent of a few football fields without looking at the road in front of them.

3) Taking and posting selfies may take more time and concentration than sending a text. Playing with social media can take more time than even sending a text, which can mean more time spent not looking at the road. Since texting has already been linked to traffic and pedestrian collisions in Miami and other cities, it seems likely that updating social media or taking photos is a similarly bad idea.

4) Selfies and social media use behind the wheel may encourage risk-taking behaviors. According to psychologists and other experts, people sometimes use social media in order to impress others. Some speculate that this may mean that people may do riskier things than usual – such as driving recklessly – in order to take a more exciting photo or video.

5) The use of social media coincides with more hazardous driving times. According to the digital marketing company Razorfish, the peak times for uploading images to Instagram are weekdays at 8pm and Sunday at 5pm. Unfortunately, weekend and evening driving also comes with its own hazards – such as an increased instance of drinking and driving and increased traffic. Trying to upload photos or other media at any time is risky but trying to do so when there are other hazards just increases the risk of a serious truck or car accident in Miami or your city.

6) Social media use in the car requires drivers to take their hands off the wheel in many cases. Adjusting a phone, uploading a video, and taking care of other social media tasks can mean that drivers need both hands to scroll through menus or type in passwords.

7) Social media use and selfies while driving do not come with much stigma. There have been media reports of people taking selfies or video while driving and ending up in accidents. In some of these cases, the injured passengers continue to send selfies of themselves in the hospital after the crash. It seems that people do not feel stigma in using social media, which can mean it is harder to discourage the habit.

Although there are no studies (yet) to prove that selfies and social media are unsafe behind the wheel, there is much anecdotal evidence to suggest that they may be contributing to the risk of being in a car crash. Certainly, no one wants to see a driver taking selfies or creating a video in the car next to them.

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Recent Study Suggests Link Between Marijuana Use and Car Crashes

Published on: July 15, 2014 | By Flaxman Law Group

While the effects of drunk driving in Hollywood and other cities are abundantly clear and drivers know the risks of drinking and driving, the risks of drug use, unfortunately, are less often talked about. While some prescription and over-the-counter medication come with warnings that they should not be used by drivers, DUI car crashes in Hollywood and other cities continue to happen because drivers get behind the wheel of their cars after taking medication or after using illegal drugs.

Even drugs that are often not implied in car accidents – such as marijuana – can have an impact on driving ability, according to some studies. A recent study from Columbia University, for example, has found that the number of fatal traffic accidents involving marijuana rose three-fold between 2000 and 2010. Researchers conducting the study looked at the toxicological results of close to 24,000 fatal traffic collisions, finding that marijuana was a possible factor in 12% of the fatalities that occurred during this time period.

Other studies have suggested that the use of marijuana before driving may disproportionately affect young drivers. A 2010 National Highway Traffic Safety Administration survey, for example, found that one in eight polled high school students admitted to driving after smoking marijuana. A federal study showed that about half of drivers killed in car accidents who had smoked marijuana before driving were under the age of 25. Another recent study by the National Institute on Drug Abuse suggested that marijuana can lower IQ in teens and can impair driving ability of young drivers. The National Institute on Drug Abuse and the Highway Traffic Safety Administration are currently conducting a study about the effects of the drug on driving ability; results are expected to be released within the year.

These types studies tend to be controversial, with advocates of marijuana legalization discounting studies linking marijuana to addiction. The studies have also been criticized for failing to find a firm link between marijuana use and impaired driving ability, with some legalization advocates stating that there is no conclusive evidence to suggest that just because a driver took marijuana before being in a car accident it does not necessarily mean that the use of marijuana caused the collision.

Earlier this year, Washington and Colorado approved marijuana for public use, and other states are considering similar changes. It is uncertain whether the most recent studies will have any impact on the efforts of some states to legalize the drug.

Even if studies find that marijuana is dangerous when combined with driving, experts say that enforcing a no driving after smoking rule would be difficult. As in the early days of drunk driving campaigns, it may be difficult to convince drivers that using marijuana could put them at risk of car and truck accidents in Hollywood or their communities. Some experts have suggested setting a safe limit, as there is with alcohol, but more studies would need to be conducted to determine what safe levels of marijuana might be for drivers. A testing and enforcement strategy would also need to be introduced to crack down on marijuana use among drivers. Of course, first it would need to be determined whether marijuana does in fact lead to car crashes.

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Just How At Risk are Teen Drivers in Florida?

Published on: July 10, 2014 | By Flaxman Law Group

A great deal has been written about the dangers that face teen drivers in Homestead and across Florida. Statistically, new drivers tend to have higher car accident rates and risks for a few reasons. Lack of driving experience is obviously a big consideration, although some studies have suggested that in young drivers the brain functions differently, affecting decision-making processes. Studies have shown that young make drivers, especially, may have a higher risk of car crashes in Homestead and other cities when compared with young female drivers.

Now, new statistics from WalletHub.com suggest that not all teen drivers face the same risks. According to the website’s recent study, New York is the state that has the best track record, statistically, when it comes to teen drivers while teens in South Dakota may face more risks and inconveniences. The study compared the total number of fatalities involving teen drivers, the costs of car repairs, and DUI laws in each state. Using these and other factors, the study ranked states according to which states were the best and worst for young drivers.

Florida ranked 34th on the list of 50, meaning that while the state was not in the ten worst states for young drivers, there is still much that needs to be done to make driving a better experience for new motorists. The state has already discouraged texting and driving with a ban this year and graduated licensing aims to give teens some additional experience before they get behind the wheel. What else can be done to make the roads of Florida safer for teens? There are a few things that may help:

1) Make roadways safer for all road users. Teen drivers are not only not used to driving, but they may have limited experience dealing with trucks, pedestrians, motorcyclists, bicyclists, and other road users. Improving safety for everyone makes roads safer overall and can help prevent pedestrian accidents in Homestead as well as other traffic collisions across Florida.

2) Fix known road design issues in Homestead and other cities. Some roadways, ramps, and intersections are known to have high rates of accidents. If regular drivers are struggling with road design issues in these areas, of course teen drivers and new drivers may be at even greater risk.

3) Provide more driver training for new drivers. Even with graduated licensing, teen drivers can get their license with only limited in-car practical experience, and very often that experience happens in groups, so each teen does not get much individual instructor attention. Making it easier for teens to get more in-car training – including night driving training – would help new motorists gain confidence and driving skill. Financial incentives for teens to take additional instruction and affordable driver instruction options would help.

4) Provide more options for transportation. Unfortunately, many Florida suburbs and communities were designed for cars and without a lot of focus on pedestrian safety or public transportation options. Providing more public transportation options may help curb DUI crashes in Homestead and other communities and can also take care of traffic congestion that can contribute to collisions.

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In Addition to Car Accidents, Hollywood Motorists Also Need to be Aware of the Dangers of Hot Cars

Published on: July 8, 2014 | By Flaxman Law Group

A great deal is written about car and truck crashes in Hollywood and other cities. However, a car does not have to be moving to cause catastrophic injury. Tragedies in Florida and Georgia last month have shone the spotlight again on the dangers of leaving children unattended in cars.

During Florida summers, especially, the interior of cars can reach dangerously high temperatures in just minutes – even with car windows open. Hot cars can cause child injuries in Hollywood as well as fatalities. About 500 children have died across the country since 2000 because they were left in the back of a car by a caregiver. In 2013 alone, 44 children across the country died in car-related heat incidents.

In most situations where a person is trapped in a hot car, heat stroke occurs very quickly, especially for young children. Heat strokes occur when the internal temperature of the body increases to 104 degrees or more. In these cases, it is important to cool the patient at once, or they risk succumbing to their injury.

When parents leave children in a car to suffocate, they can have charges brought against them by authorities. These cases also usually spark investigations by the Florida Department of Children and Families. If a caregiver such as a babysitter or teacher left a child in a car, civil claims can be brought against these parties. Of course, investigations and arrests cannot turn back the hands of time and advocacy groups say that more needs to be done to prevent these types of car-related injuries in Hollywood and other communities.

According to authorities, in many cases children are left behind in cars unintentionally, often as a result of distracted parents. While much has been written about distracted driving in Hollywood and other cities, distraction while parenting has received less attention.

The National Safety Council has several tips for parents to prevent this type of tragedy:

1) Focus on one task at a time. In many cases, parents leave a child behind in a hot car simply because they are so distracted by how much they have to do. Slowing down and taking the time to take care of each task individually can help reduce not only the risk of leaving a child alone in a hot car, but it can also reduce the risks of distracted driving.

2) Leave items in the backseat that you will need right away. If you cannot run errands or do your job without your cellphone or an important folder, leave this in the backseat so that you need to grab it and check the backseat before continuing on with your day.

3) Be especially careful if you have routines. If you lead a very structured lifestyle – for example, you drop off your child at daycare and then go to work – experts say that you are especially vulnerable because you may operate on “auto pilot.” In these situations, a minor change in parents’ routines have caused them to continue on to work or errands without checking the backseat of their car.

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Car Maker Recalls and Motor Vehicle Collisions

Published on: July 3, 2014 | By Flaxman Law Group

The past few weeks have been busy ones in terms of recalls. Last month, seven car manufacturers recalled over three million cars due to problems with the airbags. The air bag flaw could cause the airbags to rupture and cause shrapnel and debris to fly around the interior of the affected cars. The recalls were made by Takata Corporation, which had previously recalled other air bags due to problems. The National Highway Traffic Safety Administration had launched an investigation last month after thee reported injuries related to the airbags. Spokespeople for Honda stated that the company had been told about two fatalities and over 30 injuries related to the faulty air bags.

This month, General Motors has recalled an additional 8.2 million vehicles after already recalling more than 29 million vehicles in North America in 54 recalls earlier this year. This number is especially high when we consider that all car makers recalled a total or 22 million cars in all of 2013. The latest recalls from GM are for faulty ignition switches, which can switch to the “run” position if bumped or slightly jostled. So far, GM has reported that recalled cars have been linked to seven collisions, three fatalities, and eight injuries, although there is still no confirmed link between the injuries and crashes and the ignition switches.

Car manufacturers are not the only ones feeling pressure. Graco and the National Highway Traffic Safety Administration (NHTSA) have recalled about 1.9 million infant car seats because of faulty buckles.

Despite the recalls, personal injury lawsuits in Hollywood and other cities have already arisen from the defective parts and more legal claims may be forthcoming. Indeed, product liability claims in Hollywood and other cities are sometimes what prompt car makers to issue recalls.

Product recalls in the car industry are affected by tighter regulations and by the decreased competitiveness in the industry. According to experts, more car makers are using parts from the same manufacturers. For example, Takata Corporation accounts for about 20 percent of the air bag market. About three manufacturers dominate the market, after a number of consolidations among smaller businesses. This means that if something goes wrong, more brands of cars and more cars overall are affected. In addition, regulations regarding defective parts are stricter and car makers have more to answer for if their products harm someone. According to experts, this has pushed manufacturers to issue recalls more readily than they might have in the past.

The recalls do mean that buyers need to beware. Buyers looking for used cars, especially, may want to check to see whether the cars have been affected by any recalls that could put the driver at risk of a car accident in Hollywood or their community. Not all car owners will take their cars in to replace recalled parts, so it is important for consumers to be aware of recalled cars and consumer goods.

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Cracking Down on Insurance Fraud and Uninsured Drivers in Hollywood and Florida

Published on: June 27, 2014 | By Flaxman Law Group

Uninsured and underinsured drivers in Hollywood and Florida are a serious problem. In the event of an automobile crash, insurance is meant to help pay for property damage, car repairs, and injury. When a person is in a traffic collision with an uninsured driver, it becomes harder for the injured party to secure compensation for their injuries. In addition, uninsured and underinsured drivers can also raise the insurance rates for all motorists.

Authorities have also noted that uninsured drivers may contribute to hit and run crashes in Hollywood and other parts of Florida. Quite simply, when drivers know that they have done something wrong – such as driving drunk or driving without a license or without insurance – they may have a legal or financial incentive to leave the scene of an accident.

According to the Insurance Research Council, close to 24 percent of Florida motorists do not have car insurance, even though having this type of coverage is mandatory in the state. In fact, Florida is one of the top five states in terms of regions with the largest number of uninsured motorists.

The problem is so significant that Hollywood police are working with the National Insurance Crime Bureau to crack down on drivers who are driving with no insurance or fraudulent coverage. Insurance company agents have shown Hollywood police how to recognize fake insurance documents and police will be holding more traffic stops to put the information to use.

When drivers are caught without insurance or with fraudulent coverage, they can face criminal charges and other penalties. A motorist caught with expired insurance, for example, can be given a citation. Someone driving with falsified insurance documents can be charged and arrested.

Since uninsured and underinsured drivers are such a problem in the region, now is a good time for drivers to check their insurance coverage – before a car or truck crash in Hollywood occurs and that coverage is needed. If you are a motorist, take the time to:

1) Check to make sure that your insurance is valid and paid in full. In some cases, drivers are on the road without insurance inadvertently. They may allow their policy to lapse or may forget to make a payment. You don’t want to be in a car accident only to find that there is something wrong with your policy, so take steps now to ensure that everything is in place.

2) Read your insurance policy. In some cases, insurance law issues in Hollywood and other Florida communities occur because policy holders don’t understand their insurance policies. In many cases, insurance paperwork is not very user-friendly or simple to read, but making the effort is important if you want to understand your policy. If you have questions or don’t understand the terms of your insurance, contact your insurer – it is their job to explain your coverage.

3) Shop around for a better rate. If it has been a few years since you have compared rates or if you think your credit rating is better now than it was when you last applied for insurance, it pays to check to see whether you can get a better deal.

4) Get additional underinsured or uninsured motorist coverage on your policy. With the extra money you save by getting a better rate, invest in good underinsured and uninsured motorist coverage for your car insurance. With so many drivers in Florida driving without adequate insurance, this coverage is your best defense if you are ever in a collision with one of these drivers.

5) Get the most injury protection you can afford. Keep in mind that if your insurance is not enough, you may end up paying out of pocket for some of your expenses or you may find yourself sued by passengers or drivers injured in the crash.

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