Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Despite Car Recalls, Numbers Suggest Fatal Car Crashes Down

Published on: May 1, 2014 | By Flaxman Law Group

Mechanical failure in cars leads to serious injuries as well as product liability claims in Miami and across the country each year. Car makers will recall cars and auto parts that are known to cause injury or risk, but the federal government has recently stated that recalls need to be instituted promptly.

In 2012 alone, 68.2% of call recalls were launched by car manufacturers, not by buyer complaints. That year, 45% more cars were recalled than retailed across the country. In 2013, about 22 million cars were recalled in total and so far in 2014 about 13 million have been recalled. These recalls can involve major systems such as brakes or relatively minor issues such as seat springs.

This year, some experts predict that the total number of recalls may reach record levels not seen since at least 2004. So far in 2014, VW has recalled 2.6 million vehicles due to fuel leaks, Toyota has launched a recall to address issues with seat springs, Mercedes has recalled 280,000 C-class cars due to issues with the rear lights, and GM has recalled 3.1 million cars.

While recalls may suggest that cars are less safe, however, data from the National Highway Traffic Safety Administration finds that traffic deaths are currently about 8% lower when compared with the last decade. This may be due to better safety features and safety standards. More recalls can also help vehicle safety and can help reduce traffic crash rates in Miami and other communities by reducing the number of unsafe cars on the roads. As manufacturers err on the side of caution, motorists may be enjoying better safety standards, to put it quite simply.

Part of the new attitude may stem from the federal government, which is placing additional pressure on car makers to address safety problems. The government can fine companies that do not recall dangerous products. Of course, in the event of a car accident in Miami or another community, customers can also launch claims against car manufacturers who knowingly allowed a defective product to remain in the marketplace.

In 2009, Toyota learned that lesson the hard way when “sticky gas pedals” were accused of causing deaths. The car maker was threatened with criminal charges, fined $1.2 billion, and faced a PR fallout as a result of not recalling the pedals sooner. The company eventually agreed to fix the gas pedals of about 4 million cars, but the story possibly made many manufacturers rethink how they dealt with design and manufacturing issues. The criminal charges and fines made it clear: car makers would be held accountable if their products caused car and truck accidents in Miami and other communities.

One issue that car makers face, of course, is that cars require hundreds of thousands of parts, from door panels to tiny computer chips. Each auto part has a potential for design and manufacturing flaws and each part may have different manufacturing processes and sources. Tracking and noting all potential problems is daunting, but manufacturers are now using technology to ensure that cars are safer.

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Florida Takes Steps to Crack down on Hit and Run Drivers

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

Legislators in Florida are looking for ways to crack down on hit and run drivers in Miami and other South Florida cities. In the tri-county area, hit and run collisions have steadily increased and now occur at a rate of almost one a week.
A new bill, HB 183, known as the Aaron Cohen Life Protection Act, has proposed a minimum prison term of four years for drivers who cause fatal hit and run traffic crashes. The bill would also require drivers convicted of leaving the scene of an accident to have their licenses suspended for at least three years.

Supporters of the proposed law say that the legislation is needed because currently drivers who flee a fatal accident get very light sentences, in some cases a year or less in jail. In fact, under the current system a driver who is drunk faces less harsh penalties by fleeing the scene of the accident rather than by staying and offering assistance. Some feel this creates an incentive for drunk drivers to flee a crash rather than stay and offer help. By the time a drunk driver is found or turns themselves in, their blood alcohol cannot be tested and they tend to receive a lighter sentence than if they had stayed and been charged with a fatal DUI in Miami or their community. With the new law, hit and run drivers would also face harsh penalties, and some say this would encourage motorists to stay at the scene of an accident and potentially offer life-saving assistance to those injured.

The Florida Highway Patrol reports that in 2012 alone there were 168 fatal hit and run crashes across Florida and 69,994 hit-and-run collisions in the state overall. On average, about three Floridians die weekly in these types of accidents. There are many reasons why hit and run accidents are so devastating:

•The often involve pedestrians or bicyclists, who have less protection in a crash
•The victim does not get assistance from the driver, which can mean they do not get life-saving assistance in time
•If the driver cannot be found, the victim may have a hard time getting insurance money for their injuries, which can make it harder for the injured victim to get quality medical treatment
There are many reasons why drivers leave the scene of an accident. In some cases, they may panic and leave the scene because they do not want to face the consequences of their actions. Studies have also shown that in some cases hit and run drivers are unlicensed or uninsured drivers in Miami and do not want to be caught violating the rules. In other cases, hit and run drivers have a criminal record or previous convictions and do not want to be caught and punished for the crime. Unfortunately, in many cases hit and run drivers are not caught by law enforcement.

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How Autonomous Emergency Braking (EAB) Promises to Curb Car Collision in Miami and Across the Country

Published on: April 22, 2014 | By Flaxman Law Group

In a car collision in Miami or another community, brakes are very significant when it comes to preventing a crash or minimizing impact. In many cases, a collision can be prevented entirely if a driver stops in time. However, panic, distraction, and driver error can mean that drivers make the wrong decision when it comes to braking. A motorist may not notice an imminent accident in time to hit the brakes or may hit the brakes too sharply, losing control of the vehicle and causing a collision. In trucking accidents in Miami and other communities, big rig and tractor trailer drivers can also brake incorrectly, leading to collisions or rollovers.

A new technology developed by car manufacturers could help reduce crashes in the future by curbing these braking problems. Autonomous Emergency Braking (EAB) uses radar and cameras to detect what is happening around a car. If the system detects that a crash is imminent, it applies the brakes to prevent an accident. Safety experts say that it could be an especially effective technology to combat distracted driving in Miami and other cities. Even if a driver is not paying attention to the road or is distracted by something else, the car can safety brake for the motorist. Possibly, this could help prevent some rear-end collisions in Miami and other cities.

In addition to Autonomous Emergency Braking, car manufacturers are also working on a blind spot detection system for trucks which would allow drivers to “see” behind their trailer and along the sides of their truck. This technology may be available as early as next year.

Another feature that targets distracted driving is an interior infrared camera that checks a driver’s line of sight. The camera can detect whether a driver is paying attention to the road ahead of them and signals an alert of some type if the system detects that the driver is distracted. In the future, car makers may be able to use facial-recognition software with the cameras in order to personalize driving in cars, letting drivers automatically set their favorite radio and temperature controls simply by getting behind the wheel. It is even possible that the same camera systems could be used to prevent car theft, since cars with the technology would essentially “recognize” their drivers.

On the one hand, it is unfortunate that distracted driving is so endemic that car manufacturers are trying to work around it rather than finding solutions which allow drivers to simply focus more. On the other hand, the reality is that distracted driving does seem to be so widespread (and dangerous) that any technology which makes the roads safer is welcome.

What do you think? Do you think this technology will eventually mean safer streets in Miami or your community?

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Could a Smaller Car Mean a Greater Risk of Injuries in a Homestead Car Crash?

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

Much has been written about the dangers of small cars. While smaller automobile models may be more comfortable for some to drive and are more affordable as well as environmentally-friendly, some safety experts have noted that they do not offer the same protection in a collision as a larger SUV or other larger vehicle. Instinctively, most drivers know this. In a trucking accident in Homestead or another community, for example, the truck driver often walks away with no injury while the passengers in the smaller passenger vehicle may suffer catastrophic internal injuries, head trauma, fractures, and other serious injuries.

Manufacturers of smaller cars have made big efforts in recent years to create safer vehicles that are still smaller while offering some protection. And, of course, larger vehicles have their own dangers. SUV and van rollovers in Homestead and other communities, for example, tend to happen with larger vehicles and not with smaller cars.

Nevertheless, the Insurance Institute for Highway Safety (IIHS) recently added a new small overlap frontal crash test when testing vehicles and only one minicar achieved an “acceptable” rating in this test while ten other minicars were ranked as “marginal” or “poor” in this category.

The test measures safety of passengers when a vehicle’s front corner strikes a fixed object when traveling at 40 mph. The Chevrolet Spark was the only minicar to pass the test. Small vehicles that included compact sedans fared better in the text, with ten out of 17 earning either “acceptable” or “good” rankings in the test.

The test simulates what would occur if a car hit a pole or another object at an angle, and the IIHS admits that the test is more rigorous than other tests because the small overlap frontal crash test does not impact the crush zones created by manufacturers to absorb energy in a crash test. While a car’s frontal crush zones are designed to minimize impact in a head-on collision, the new test puts a bigger emphasis on seatbelts, airbags, and other systems. According to the IIHS, cars that have poor performance in the small overlap frontal crash may put passengers at risk of leg and foot injuries in a collision.

For owners of minicars, there is also more bad news. The IIHS also gives minicars poor and marginal ratings when it comes to structural integrity. In a car collision in Homestead or another community, structural integrity is what protects the car from collapsing. When the structure collapses, it can push a cars seats and airbags out of the correct position, increasing the risk of injury. In addition, only two minicars tested by the IIHS received adequate ratings for restraints and none offered automatic frontal crash protection.

If you have a minicar, you may want to consider your risk of traffic accidents in Homestead or your community. You may want to check the IIHS ratings to see how your car fares when it comes to safety features. In addition to safety features, however, it is important to keep in mind that how you drive has a profound effect on your safety. Driving defensively and responsibly is an important step in driving safely – no matter what kind of car you drive.

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Drunk Driving Accidents in Hollywood and Other Cities May be a Greater Problem Than Suspected, New Studies Reveal

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

A new study led by Ralph Hingson of the U.S. National Institute of Alcohol Abuse and Alcoholism was published in the Journal of Studies on Alcohol and Drugs and has found that drunk driving fatalities across the country may be underreported. Researchers analyzed data from the U.S. National Highway Traffic Safety Administration and death certificates to check the blood alcohol levels of those who had been killed in traffic crashes between 1999 and 2009.

Researchers found a discrepancy. While data from the U.S. National Highway Traffic Safety Administration showed that 21 percent of those killed in collisions had a blood alcohol level above the legal limit, only 3 percent of death certificates cited alcohol or drunk driving as a cause of death.

Part of the reason may be that it can take several days to get blood-alcohol tests completed while death certificates are usually filed within five days of a fatality. Another reason for the discrepancy may be that states have different rules about checking for drunk driving. Only about half of states automatically require checking blood alcohol levels after a fatal crash.

The research is interesting since it raises a question: are we underestimating the number of drunk driving accidents in Hollywood and other cities? If it takes some time to get blood alcohol testing complete, how accurate are reports about the number of serious DUI car accidents in Hollywood and other cities? Would more strict testing of all motorists involved in traffic collisions yield a more accurate picture about the real number of DUI car and truck collisions in Hollywood and across the state?

The researchers of this most recent study have stated that the underreporting is significant, since it can impact the number of prevention and educational campaigns created to combat drunk driving. If legislators knew how many young people were dying in these types of accidents, for example, this could change policies and DUI awareness campaigns as well as public focus on the issue. With accurate numbers, researchers say, it would also be easier to track how much DUI accident rates change over time.

In recent years, the focus has really been on distracted driving in Hollywood and across the country. However, this latest study suggests that the fight against drunk driving is still ongoing, with far too many motorists still ignoring the fact that drunk driving kills.

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How Big a Threat are Car Crashes in Homestead and Across the State to Our Residents?

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

Car accidents in Homestead and across Florida are a leading cause of injury and death. They are also a leading cause of child injury in Homestead and other cities. Car crashes cause many catastrophic injuries, including:

•Paralysis
•Head injuries
•Amputations
•Internal injuries
•Whiplash
•Fatalities
•Burns
•Soft tissue injuries
•Fractures
•Spinal cord injuries
•Crushing injuries
•Disfigurement and facial injuries
These injuries cause devastation as well as financial distress. Safety experts agree that driving is one of the most dangerous things we do most days. In fact, even though fear of flying is far more common than fear of riding in a car, aviation accidents in Homestead and other cities are far less common than car accidents. Bus accidents, public transportation accidents, and taxi accidents are also less common than car crashes. In fact, statistics show that the odds of being fatally injured in a car accident are about 1 in 5,000 while the odds of dying in a plane accident are about one in 11 million.

According to the National Safety Council, there are an average of about ten million traffic collisions across the country each year, ranging from minor fender benders to serious accidents. According to car insurers, average drivers file for collisions every 17.9 years and the average driver has about three or four car accidents that necessitate filing a claim over a lifetime. Most drivers, in other words, will be in a car accident at some point.

However, traffic collisions are not the only dangers present with cars. According to a study by MIT, each year about 53,000 Americans die in premature deaths related to car pollution, compared to about 34,000 fatalities caused by car crashes. The study concluded that one in five Americans were in danger from car pollution, especially those residents living near roadways.

In addition, there is anecdotal evidence that cars may cause deaths and injuries in other ways. For example, when car components overheat or fail to act as expected, they may cause burns and other injuries. In addition, some research has suggested that some components in new cars – even in car interiors — may actually be carcinogenic.

Car crashes caused by drunk driving, distracted driving, and other forms of negligent behavior cause far too many tragedies on our roads. In addition, cars themselves can be a danger and a hazard to drivers and other road users.

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A Safer Morning Commute: Reducing Your Risk of a Traffic Crash in Hollywood or Your Community

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

Your morning commute is filled with unseen dangers. The distracted driver next to you worrying about a morning meeting or your own fatigue combined with heavy traffic can all conspire to cause a serious traffic collision in Hollywood or your community. To stay safe on the roads as you head to work, try these tips for a safer drive:

1) Use public transport. Public transportation accidents in Hollywood and other Florida communities are far rarer than car collisions. Even switching to public transport part of the time can reduce your chances of an accident by giving you a break from a harrowing commute.

2) Car pool. Just as with public transport, having someone else take care of the driving some of the time gives you a break and lets you rest. It is also better for the environment.

3) Take care of your health. If you’re dragging yourself to your car every morning because you’re tired, you’re putting yourself (and everyone else sharing the road with you) at risk. Fatigued driving in Hollywood and other cities is a leading cause of trucking and car crashes. If you feel unwell or tired, don’t drive to work. Take public transport or choose another option, and visit a doctor to make sure there isn’t a health concern that needs treatment.

4) Take care of your time with proper time management. Being overwhelmed and exhausted makes you an ineffective worker and a dangerous driver. Cross off some things from your to-do list and delegate others so that you can get everything done in a reasonable time frame and not end up so distracted that you cause a collision.

5) Drive defensively and focus only on driving. Put away anything that may distract you. Your morning commute is not the time to go over the notes for the big meeting or the time to review your to-do list for the day. Focusing on the road and on your driving is especially important during the morning and evening rush hours, due to the traffic.

6) Vary your route. It may be harder for your mind to wander if your morning commute varies slightly. You don’t want to get so comfortable on your morning drive that you don’t notice what’s going on around you.

7) Exercise before you drive. A few stretches or some low-impact exercise can wake you up and can make it easier for you to focus on driving.

8 ) Do your homework. Your morning commute can be a lot less stressful if you prepare ahead of time. The night before, pack up anything you need for work as well as anything your children need for school. Consider making breakfast ahead so that you can grab a quick but healthy morning meal without needing a lot of time. In the morning, check the weather forecasts and traffic reports quickly to make sure that there are no surprises on the roads.

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Your Morning Commute in Homestead or Your City: Are You at Risk of a Collision?

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

Your morning commute could put you at risk of a car collision in Homestead or your city. Each morning, T-bone accidents, broadside collisions, and rear-end crashes occur in Homestead and across South Florida as people hurry to get into work. Studies show that besides weekends, mornings and evenings have higher instances of crashes, and some studies suggest that your morning commute could put you at risk of a crash.

There are many things that contribute to car accidents during the morning commute:

1) Traffic. When everyone in rushing to get to work for business hours, there is a usually more traffic. In turn, the risk of accidents increases, as does the risk of chain reaction crashes because there are more cars on the roads. When traffic increases, some motorists are also more likely to lose their tempers, which can lead to crashes.

2) The morning school run. Parents dropping off children at schools increases traffic around area high schools and elementary schools and can increase the risk of a pedestrian accident or other traffic collision. Parents can reduce the risk of this type of accident by using school drop-off zones to reduce traffic and to keep children safe.

3) Distracted driving. Mornings can be hectic and many drivers may be thinking about the day ahead and all that needs to be done rather than about driving. Some drivers get to work after their morning routine that they don’t remember the drive in. Driving defensively and making an effort to focus on driving can help prevent distracted driving. Delegating tasks and practicing better time management can also be a big help. Some motorists find it useful to vary their morning commute so that they do not drive on “auto pilot” each morning.

4) Fatigued driving. Many drivers feel exhausted by the workweek or not fully awake by the time they hop in their cars. Fatigued driving is a major risk factor for early morning accidents. Getting a proper night of rest is the best way to prevent this hazard. If you frequently find yourself fatigued, it is important to get medical help, since sleep disorders or other conditions could be resulting in fatigue and a greater risk of car accidents. The most important way to prevent fatigued driving in Homestead and other communities, though, is to change attitudes. Drivers need to take fatigued driving as seriously as drunk driving, since researchers have shown that fatigue affects response times and judgment similarly to alcohol. If you are tired, take an alternative form of transportation to work and skip the morning commute. Do not get behind the wheel of the car if you are too tired or too distracted to focus properly.

There are other things that you can do to prevent a serious morning traffic accident in Homestead or your community. For example, you could try carpooling, which allows you to sit back some of the time and let someone else drive. You can also take public transportation to and from work at least part of the time, if it is possible. Not only is it more eco-friendly, but it is far less risky. There are far fewer train and bus accidents in Homestead than there are car collisions.

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Dealing with Disfigurement or Scarring After a Car Collision in Hollywood or Your Community

Published on: April 1, 2014 | By Flaxman Law Group

Being involved in a serious traffic crash in Hollywood or your community can be a devastating experience. You may suffer serious injuries, including whiplash, head injuries, spinal cord trauma, fractures, and other types of injuries. Some of these serious injuries can affect your ability to live your life fully and return to work.

One type of injury that few people discuss is disfigurement and scarring. While not life-threatening in and of itself, scarring and disfigurement can be an extremely difficult injury, and this type of injury may happen in conjunction with other traumatic injuries. For example, if you have suffered serious burn injuries as a result of a car or trucking collision in Hollywood or your community, you may need physical therapy and you may suffer mobility issues as well as severe pain. In addition to all of this, you may need to deal with the challenges of serious scarring.

Scarring and disfigurement can be extremely traumatic. In some cases, patients who have suffered severe injuries feel so self-conscious about their appearance that it affects their self-confidence and their relationships. In some cases, patients with severe scarring can have difficulty leaving their home or may struggle with serious depression. Patients may find that strangers and even people that they know react negatively to their appearance, creating even more challenges.

These types of injuries can include:

•Lacerations
•Scarring
•Burns
•Facial injuries
•Dental injuries
•Eye injuries
•Disfigurement
Unfortunately, patients who have sustained these types of injuries often find that they have a hard time getting the support and assistance they need. Insurance money, for example, may not fully cover the expensive treatments needed to heal scarring. In some cases, car insurance and health coverage providers may argue that so-called cosmetic treatments are not covered by a plan. In addition, patients may be made to feel that scarring is somehow less serious than other types of trauma.

This is simply not the case. Scarring and disfigurement can be debilitating and if your injuries were caused through someone’s negligence you should not have to pay for someone’s recklessness. Scarring can be a tremendously debilitating issue and one that is emotionally very difficult. If you are facing this type of injury, you deserve support and assistance.

If you have suffered your injuries in a car or motorcycle accident in Hollywood or another Florida community, contact a personal injury attorney to find out what legal remedies may exist in your case. You may be able to pursue a legal claim so that you can recover money that can help you pay for the treatments you may need.

There are treatments available for scarring and other types of injuries, but these can be expensive. You may need to visit a cosmetic surgeon for skin grafts, fillers, or other treatments. If you have sustained many types of injuries, you may need extensive medical treatment and your scars may require multiple treatments as well as months of healing time. Seeking fair compensation can help you afford quality medical care, improving your chances of a better recovery.

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Wrong-Way Car Accidents in Hollywood and Florida

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

In early February of this year, wrong-way car accidents killed eleven people in two separate accidents in Florida and California. Unfortunately, deadly wrong-way traffic accidents are a serious risk in Hollywood and across the country.

According to the National Transportation Safety Board (NTSB), wrong way car accidents are one of the most serious crashes that can occur on our roads. In many cases, these accidents occur at high speeds on divided highways and due to the speed involved, serious accidents, fires, and fatalities are the common outcome.

The NTSB reports that while wrong-way car and truck collisions on highways only account for about three percent of all highway accidents, they are far more likely than other crashes to be fatal. In fact, up to 22 percent of these accidents are fatal, compared to the 0.3 percent of all highway collisions that prove fatal. There are a few reasons why these accidents tend to be so deadly:

•On highways, about 80 percent of wrong-way crashes are head-on collisions, which have a very high rate of injury and fatality
•There is often speed involved, which can increase the force of impact
•On highways and exit ramps, wrong-way collisions often become multiple-vehicle crashes
•Due to the strength of impact in these cases, fires and severe damage to the car often occur, causing even more serious injuries
One concern for the NTSB and other agencies is that the number of fatal wrong-way collisions has remained relatively flat over the years – about 360 lives are claimed through these accidents each year. While campaigns have been successful in reducing the number of drunk driving accidents in Hollywood and other communities and while the number of fatal trucking accidents has dropped slightly in recent years, this type of collision is still a concern.

According to the NTSB and other agencies, there are three areas of focus that could help reduce this deadly type of car and truck collisions in Hollywood and other communities:

1) Reduce drunk driving accidents. The NTSB reports that in 59 percent of wrong-way accidents studied between 2004 and 2009, drivers had blood alcohol levels over two times the limit. In an additional ten percent of the accidents, drivers had blood alcohol limits above the legal limit of .08 but under .15. Since alcohol plays such a significant role in these accidents, the NTSB would like to see universal rules that would require first-time DUI offenders in all states to be required to use ignition interlock devices. These devices are installed on a car’s dashboard and will not allow a driver to start the car if they have been drinking.

2) Address elderly drivers. The NTSB found that elderly drivers over the age of 70 accounted for 15 percent of wrong-way collisions between 2004 and 2009. In contrast, drivers over the age of 70 represented only three percent of the drivers headed the right way in these collisions.

3) Consider highway design. Exit ramps are the most common site of wrong-way accidents, although some of these crashes also occur when drivers make illegal U-turns or use an emergency turn-around. Improved signage and markings as well as more barriers to prevent wrong-way driving could be helpful in preventing collisions.

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