Item: Flaxman Law Group
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Author: Clara Barman

Big Mistakes You Could Be Making After a Car Accident

Published on: January 7, 2014 | By Flaxman Law Group

Being in a car accident in Homestead or any community is one of the most terrifying experiences you will ever face. After the initial squeal of brakes and the impact, you may be facing an angry motorist, serious injury, the sound of police sirens, and a trip to the hospital. In this type of situation, mistakes get made. Unfortunately, mistakes made after a traffic accident in Homestead or your community could haunt you for years to come because they could affect your ability to secure fair compensation for your injuries and property damage. If you are in a crash, be sure to avoid these common errors:

Car Accident Mistake #1: Leaving the Scene of the Accident

If you are in a minor accident, it may not seem necessary to stop, but it is the law. What happens, though, when the other driver waves the accident away and wants to drive away without exchanging contact information? In this situation, it is still important to offer assistance, report the accident, and exchange contact information. You don’t want to be accused afterwards of leaving the scene of an accident.

Car Accident Mistake #2: Saying the Wrong Thing

It’s easy to lose your calm after an accident, behave aggressively, or make other mistakes that could hurt your claim later on. Even if you believe that the accident was the other driver’s fault, stay calm. By the same token, remain calm even if the other driver accuses you of causing the accident. Do not apologize, even if you want to calm the other motorist down. In some cases, that apology may be seen as an admission that you caused the accident. What you should ask is “Are you injured?” and what you should state are the facts you need to exchange contact information and report the accident.

Car Accident Mistake #3: Not Reporting the Accident Right Away

The other motorist may claim that they want to just have insurance carriers handle the claims process, but reporting the accident is an important way to document the accident happened – especially if it turns out that the other driver does not have insurance.

Car Accident Mistake #4: Not Documenting the Accident

After a car or truck accident in Homestead, there is no such thing as too much documentation. In addition to exchanging information with the other driver, be sure to take photos of the accident scene as well as get contact information from any witnesses. Try to write down as much as you remember yourself – including details about the other car and driver, the time of day, where the accident occurred, and any other information you can remember.

Car Accident Mistake #5: Not Taking Care of Details After the Accident

After the crash, you will have a lot to do and you will want to focus on three main areas: health, insurance, and legal protections. First, get a medical checkup immediately after the accident, even if you are not sure that you are injured. You may have been injured and simply not be presenting symptoms right away, so you will want to stay alert for any symptoms that do develop. Second, you will want to contact your insurance company right away and follow up about your claim. Finally, you will want to contact a personal injury attorney in Homestead or your community if you have been injured, to ensure that you will get fair compensation for your injuries.

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Reducing Your Chances of a Serious Injury In a Car Accident in Hollywood

Published on: January 2, 2014 | By Flaxman Law Group

At Flaxman Law Group, we hope you will never have to experience a car accident in Hollywood or any city. However, we also know that most drivers will at some point be in a collision. Even if you obey traffic laws scrupulously and are an excellent driver, you may still be affected by drunk drivers in Hollywood — or by reckless motorists. For these reasons, it is a good idea to review ways you can prevent serious injury if you are in an accident. While you may not be able to prevent all injury, you may be able to take steps that keep you from sustaining a serious spinal cord injury, fatal injury, or brain injury in Hollywood or your city.

Even if a collision is imminent, there are several things you can do to increase your chances of surviving:

1) Stay calm and keep movements smooth. Staying in control is difficult when you panic but smooth steering and braking is important in preventing further injury and increasing your chances of minimizing the crash.

2) Choose the best course of action. You may have only a fraction of a second to make a choice, but you do have a decision to make about which mixture of steering, braking and accelerating can help you possibly keep injuries to a minimum.

3) Brake correctly. If you have anti-lock brakes, steer as you normally would and hold the brakes firmly. You may feel the brake pedal move as your brake system pumps the brakes for you. If you don’t have anti-lock brakes, push the brakes firmly and release. Avoid slamming the brakes, as this can cause the brakes to lock and can cause the car to skid, which can cause a more serious crash. If you do feel the car go into a skid, ease up on the brakes and steer as smoothly as possible, since jerky steering can contribute to skids.

4) Reduce your chances of a side-impact collision. Side-impact crashes in Hollywood and other communities statistically lead to more serious injuries, since passengers and drivers have no crumple zones on the side and there are fewer levels of protection. Head-on collisions with immobile objects or other cars are also more likely to lead to serious injuries, so avoid these types of collisions if at all possible.

5) Do what you can to control the car. Losing control of the car can increase your chances of serious injury, since you will have no way to minimize the impact or to take evasive steps if you can’t control your vehicle. One of the most common losses of control in an accident involves skidding. To avoid this, keep your hands firmly on the steering wheel and avoid jerky movements or sudden braking. If you do find yourself sliding, stay calm and steer in the direction of the skid. Wait until you are no longer skidding before you try either the brake or gas pedals.

6) Minimize injury after the crash. If you are in an accident, turn off your engine. Under Florida law, if you are in a minor accident, you are expected to move your car off the road to prevent a secondary accident. If you are in a collision with a truck or car that may have been carrying dangerous goods or something flammable, do not smoke and move away from the vehicles if there is a leak.

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New Year’s Resolutions to Help You Prevent Car Accidents in 2014

Published on: December 31, 2013 | By Flaxman Law Group

At this time of year, you may be setting resolutions to make 2014 your best year yet. Some resolutions, however, can help you lead not only a better life but a safer, longer one as well. There are many goals that you can create, for example, that can help you prevent traffic collisions in Hollywood or your community. If you are setting resolutions, we hope you will consider adding the following intentions to your plans for the year:

1) Get rid of distractions before you get in the car. Each time you buckle up, take a look around your car and get rid of any distractions – turn off your cell phone, put any pets in the car in a kennel, and get rid of anything else that could take your eyes off the road or your mind off of driving. Reducing distracted driving is everyone’s responsibility and it could save many lives each year.

2) Have several ways to get to your destination if you have been drinking or are tired or unable to drive safely. Many drunk driving accidents in Hollywood and other communities, for example, can be prevented if everyone had several ways of getting home. Always have extra money in your wallet for a cab (or a bus schedule) or have a list of friends in your phone that you can call for a safe ride home. Getting home safely doesn’t just mean getting home after drinking, either. You should use these get-home-safe options if you are too sick or too fatigued to drive or are too upset or distracted to drive home safely. Fatigued driving and distracted driving in Hollywood is just as dangerous as inebriated driving.

3) Take care of your health. You may already have New Year’s resolutions to take care of your health. You may plan on losing weight, for example, or starting to exercise. Taking care of your health, however, will do more than just allow you to fit into nicer clothes. It can make you a safer driver, too. Each year, people are killed due to drivers who are unhealthy and have a medical emergency while driving. Taking good care of yourself helps keep you safer on the roads and in your everyday life.

4) Keep your car in good condition. Taking your car in for scheduled maintenance takes a little effort and time, but it also ensures that your car is safe and reacts as needed for you to avoid an accident.

5) Take a racing class. Maybe some of your resolutions have to do with living a more exciting life. Maybe you want to travel or take exciting new classes. Taking racing classes not only is great for excitement, but it can help you become a better driver, too. It’s a great present to give to yourself in the new year.

6) Volunteer with an organization dedicated to preventing car accidents. Organizations such as MADD and others are always looking for volunteers and by helping you could be helping to prevent injuries and collisions.

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Six Simple Steps That Can Help You Avoid Car Accidents and Injuries

Published on: December 26, 2013 | By Flaxman Law Group

Car crashes in Homestead claim far too many lives each year. Many of traffic accidents also lead to serious injuries in Homestead; brain injuries, spinal cord injuries, fractures, amputations, and other serious injuries each year affect people’s lives for a lifetime, often due to distraction or some other preventable collision cause. While it can seem like little can be done to prevent car and truck accidents, the reality is that you can do several things to prevent crashes:

1) Carefully consider the car you drive. It’s easy to get lured in to car marketing when it comes to style, but when choosing a car think safety first. Buy the safest car you can afford and be sure to maintain it correctly, since your car is far more likely to perform correctly and to help you avoid an accident if it is kept in good condition.

2) Get into the right frame of mind and physical condition before you drive. Your drive is about a lot more than just your car. If you are upset or distracted, you are likely to make mistakes or drive aggressively, both of which can lead to a car or truck accident in Homestead. If you are tired or ill, you may simply drowse off at the wheel or may have such poor response times that you end up causing an accident. Make sure that you are in as good condition as your car before you hop in your vehicle. If you are not in physical shape to drive or are too upset carpool or use public transit to get to your destination you could end up saving a life or preventing a collision.

3) Take driving as seriously as you take your job. Many people see driving as just part of their day, but for most of us, driving is the most dangerous thing we do all day. When you drive, you are driving a piece of heavy weaponry. In the event of an accident, your car has enough force and weight to seriously injure or kill someone. Do not multi-task when you drive – take driving seriously.

4) Drive defensively. Driving defensively and considering three moves ahead as you drive not only helps you avoid distraction, but it lets you anticipate and react to dangers so that you can avoid a collision. Many driving instructors and safety experts agree that defensive driving is one of the best ways to avoid collisions.

5) Get additional training. If you have had a few near-misses when it comes to collisions or if you have a new health condition since you last had training, get additional training. A few hours with a professional driving instructor costs about as much as a nice dinner, but it could give you tips and hands-on training that could save your life. It is well worth the investment and in some cases you might even be able to save on car insurance costs if you get refresher courses.

6) Turn off cell phones and other distractions each time you get behind the wheel. Getting rid of distractions is one of the simplest ways you can avoid a collision – and one of the most effective.

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Preparing to Travel Out-Of-State? Prepare for Different Road Risks

Published on: December 23, 2013 | By Flaxman Law Group

Florida drivers have some advantages when it comes to driving. They never have to deal with winter road conditions, for example, and some of the other dangerous conditions that drivers have to face in other states. If you will be driving out of state some time before the New Year or early in 2014, you need to take a few extra steps to avoid car accidents if you are a Homestead driver:

1) Get your car tuned up. Keeping your car in good condition can help you avoid car collisions in Homestead, and it becomes even more important on the roads. A well-maintained car is more likely to respond as you expect it to, which can help you avoid crashes. If you will be traveling through unpaved roads or harsher weather conditions out of state, it is also important that your car can respond to those conditions.

2) Prepare for winter driving if you will be driving in any state with snowy or icy conditions. If you will be driving anywhere where ice and snow are a possibility, you will want to invest in a good set of winter tires. These have different treads than all-season tires and can help you avoid a car or truck accident. In Homestead, you may not need winter tires, but these types of tires can grip the road better, helping you avoid sliding and allowing you to brake correctly. If you will be driving on unpaved roads that could have snow or ice, it is important to get studded winter tires. These tires have tiny spikes that can dig into ice and snow, giving you a better grip. You will also want to replace your windshield fluid with a formula that can withstand freezing temperatures – this will help keep your windshield clear, even in ice and snow.

3) Prepare yourself for a long drive. Getting your car ready is only part of the equation. You also need to be ready yourself, and that means getting into good physical shape. Make sure that you get plenty of rest before you drive – fatigued driving is a leading cause of traffic collisions in Homestead and across the country. Make sure that you are healthy and that you plan your route so that you get adequate rests and breaks during your drive.

4) Get familiar with your route. Plan your route well in advance of your drive. If possible, use a feature such as Google Maps or Google Street View to get a sense of what your route will look like. This can allow you to be less distracted by checking maps as you drive. Check weather conditions and construction on your route and have alternate routes available so that you can stay confident behind the wheel. Give yourself lots of time to get to your destination so that you are not rushing.

5) Pack a travel kit. Your kit should include flares or a flashlight, a first aid kit, water and snacks, a cell phone, numbers of hotels and other amenities along your route, a road-side emergency kit, a blanket, and anything else you may need if you run into car trouble or find yourself in an accident.

6) Refresh your winter driving skills. Before you drive, consider taking even an hour-long refresher session with a driving instructor. If you have never driven in snow and ice before, especially, it can be useful to learn how to brake and drive in winter weather.

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‘Tis the Season to Focus on Preventing DUI Accidents in Homestead and Other Communities

Published on: December 19, 2013 | By Flaxman Law Group

At this time of year, law enforcement are concerned about DUI/DWI accidents in Homestead and other Florida cities. In December, not only are traffic accidents in Homestead more common overall – thanks to the pressure of this time of year as well as heavier traffic – but many holiday events include alcohol and DUI accidents are more common as a result.

All Homestead residents have a role to play in preventing these types of car accidents. You can help by:

1) Talking with teen drivers about the dangers of car accidents. If you have a young driver at home, talk to them about what they can do to prevent DUI car accidents in Homestead. For example, you might want to have your teen drivers sign a pledge not to drink and drive and you may want to make it clear that your children can always call you for a safe ride home – no questions asked.

2) Speaking with others about your concerns. Make sure that friends and family know about your commitment not to drink and drive. If you see someone drinking at an event, offer them a safe ride home or offer to share a cab. Speaking up shows that preventing DUI accidents matters to you.

3) Volunteering time with an organization dedicated to stopping DUI accidents. Many communities have safe-ride-home programs at this time of year and you can volunteer to give drivers a safe alternative home. Advocacy groups such as MADD also step up their awareness campaign efforts at this time of year and may be able to use some help.

4) Hosting holiday events responsibly. If you are hosting any holiday event where alcohol will be served, you have a responsibility to make sure guests get home safely. Hire or designate a driver, make arrangements to let guests stay at home, or arrange taxis for guests when they leave. Take steps to ensure that your guests can get some safely even if they have been drinking.

5) Always having a few options for getting home safely. If you will be attending any holiday events this year, make sure you have several options to get home safely – even if you think you won’t be drinking. Even if you do not expect to drink, you may end up doing so. In addition, having several routes home increases the odds that you will get home safely. For example, consider having money on hand for a cab, a list of friends you can call for a ride home, and a designated driver. Even if your designated driver ends up drinking or ends up too tired at the end of the night, you will still be able to get home safely.

6) Being aware of the risks of DUI accidents. Many people think that having a drink or two is fine and will not affect their driving. Unfortunately, this attitude causes serious car and truck accidents in Homestead and across the country each year. Even if you have one drink, it could affect your coordination and alertness – especially if you have a thin frame or if you are tired as well. Alcohol can also react with some medication to be even more deadly. The safest thing to do is to avoid driving if you have had anything at all drink. Even one drink can increase your chances of an accident.

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Hosting Holiday Events? Prevent DUI Accidents and Avoid Liability

Published on: December 17, 2013 | By Flaxman Law Group

If you are hosting a holiday party and will be serving alcohol, you have a role to play in preventing drunk driving accidents in Hollywood or your community. In fact, preventing DUI accidents not only makes you a good host – it can also help prevent legal hassles. In some cases, in DUI personal injury lawsuits in Hollywood and other cities, third parties can be held liable if their actions contribute to a car collision. Keeping your friends and family safe is important, and it can also help you avoid a legal battle.

If you are hosting a holiday event, there are several things you can do to help prevent car accidents after the fact:

1) Serve alcoholic drinks earlier in the evening, and then switch to other options. This allows guests time to sober up if they have had only one or two drinks. It also prevents guests from getting so inebriated that they are a danger because they think they can drive themselves home. Keep in mind, however, that someone who has had several drinks may still not be safe to drive home if they have simply switched to non-alcohol drinks. It may take several hours to sober up.

2) Provide attractive, non-alcoholic drinks for designated drivers and others who do not want to drink. Make the drinks as appealing as possible and make them plentiful, so that designated drivers are not tempted to drink.

3) Have at least one of the hosts refrain from drinking, so they can help provide assistance after the party. If everyone is drinking, it may be harder to notice dangerous behaviors or to stop a drunk driver.

4) Have several options for people who want to get home safely. Of course, anyone who drinks should have a plan to get home safely while avoiding a DUI car crash after your Hollywood party. However, being a good host means giving people options. If you are in the city, this may mean having money on hand for taxis or buses. If your party will run very late and is located remotely, hire a driver or make room in your home for overnight guests. Having several options available makes it easier to encourage guests to do the right thing.

5) Ask guests to drop keys off at the door and do not let anyone drink and drive. Gathering keys at the start of the party ensures that no guests can slip away if they have been drinking. If guests do want to leave, hosts can evaluate their condition and can stop any guests who cannot drive home safely.

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Why the Texting Ban Might Not Go Far Enough to Stop Car Accidents

Published on: December 12, 2013 | By Flaxman Law Group

After many years of trying to pass a texting ban, Florida finally signed a ban into law this year. Coming into effect on October 1, this law made texting while driving a secondary offense. This means that authorities can only pull over a motorist who is texting if they have committed another infraction.

The law charges a $30 fine for a first offense. Under the new law, drivers can text while the car is stopped (even at a red light) and can still use GPS systems and can make phone calls while driving. Under the new law, it is only in case of serious car accidents causing fatalities or injuries that prosecutors can seek phone records to prove that a driver was texting. As a result, proving texting while driving may be difficult.

While the Florida Highway Patrol says that the new law with be a deterrent to people who text and drive, others are not so sure. Some claim that the law does not go far enough in persecuting those who engage in risky behaviors that lead to car accidents in Homestead and other cities. They also say that the penalties are too light to really change behaviors and prevent traffic accidents in Homestead and across Florida.

There is certainly some evidence about the dangers of distracted driving. The Florida Department of Highway Safety and Motor Vehicles reports that in 2012 alone there were 4841 car collisions related to cell phones. The National Safety Council concluded that across the U.S. there is a cell-phone-related crash every 24 seconds, which amounts to about 1.3 collisions annually. And the National Highway Traffic Safety Association reports that cell phone use increases the risk of an accident 23 times.

According to some safety experts, Florida’s texting ban could be more vigorous. Twelve states currently ban any use of a handheld phone outright and some would like Florida to follow suit. In addition, there are federal laws in place that prevent commercial truck drivers, bus drivers, and other commercial vehicle operators from using a cell phone while driving.

Others note that civil lawsuits can step in where the law does not. There have been a number of high-profile civil lawsuits against distracted drivers who have caused traffic accidents because they were using a cell phone while driving. In a New Jersey case earlier this year, a judge even deemed that the person sending a text message that leads to a car accident can be held partly liable. Some victims of serious accidents have had success getting compensation by working with personal injury attorneys in Homestead or their communities.

With time, Florida may change and toughen its texting ban. One legislator in the state has already suggested making the texting ban a primary offense, for example.

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Taking Your Pet With You When Visiting For the Holidays? It Could be a Traffic Risk

Published on: December 10, 2013 | By Flaxman Law Group

If you are traveling for the holidays, you may have plans to take your pet with you. If you are traveling by car, however, bringing your dog or car could prove dangerous. Pets in the car can be a considerable distraction and according to the National Highway Transportation Safety Administration (NHTSA), there are over 5500 fatalities and more than 450,000 injuries annually due to distracted driving. According to the Automobile Association of America (AAA), 31% of polled drivers have admitted to being distracted by their pets while behind the wheel. Experts agree that pets cause thousands of car accidents each year, although there are no firm statistics about these types of car accidents in Hollywood or other communities.

There are many reasons why pets can be a distraction in the car:

•They can climb onto the driver’s lap or try to take the driver’s attention away from the road
•Smaller pets can get underfoot or even under the gas or brake pedals, causing a collision
•A driver may become so distracted by what the pet is doing in the car that they lose control of the vehicle
•A pet can get in the windows, obstruction visibility
Pets not only cause accidents, but in the event of an accident an unrestrained animal in the car becomes a danger to everyone. In the event of a crash, a pet can be seriously injured while being flung around the inside of a car. A pet also becomes a dangerous projectile inside the car, potentially causing harm to passengers. A 60-pound dog, for example, has the projectile force of 2700 pounds if a car accident occurs at 35 mph – even more at higher speeds. An animal can also scratch or bite in the event of a collision, causing injury that way. In some accidents, animals dart out of the car and cause additional crashes while in some cases they may prevent emergency personnel from coming near victims.

All in all, unrestrained pets can be a serious problem when it comes to car and truck accidents in Hollywood.

Safety experts and animal welfare advocates agree: when driving with your pet, keep your pet restrained. Both you and your pet will be much safer from a traffic accident in Hollywood if your pet is in a crate, carrier, harness, or pet safety restraint. Your vet can recommend safety options that could work well for you and your pet.

According to experts, pet travel has increased 300% since 2005. With more of us traveling with cats and dogs, it is important to be aware of the dangers. During the holidays, especially, there are more people on the roads and more people traveling with pets to holiday events and family get-togethers. It’s a good time of year to remember pets safety and to take precautions to ensure that both you and your pet stay safe.

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What Can Hollywood and Florida Do to Prevent Pedestrian Accidents?

Published on: December 6, 2013 | By Flaxman Law Group

A study conducted by the Florida Department of Transportation by the Center for Urban Transportation Research at the University of South Florida concluded that in 2011 Florida had twice the national rate when it came to pedestrian accident fatalities and triple the rate of fatal bicycle crashes. Obviously, more needs to be done to ensure that roads can be shared safely. Many have advocated for better safety in Hollywood, arguing that efforts need to be made to stop Hollywood pedestrian accidents.

Safety experts have suggested many improvements, including suggestions such as:

1) Create wider walkways. Some communities across the country are creating asphalt eight-foot-wide multi-use paths, which provide more space for pedestrians and create a larger space between pedestrians and cars.

2) Set up pedestrian barriers. Medians or refuge islands can help keep pedestrians safe during street crossings.

3) Improve lighting. Good lighting along roadways could potentially help motorists see pedestrians more clearly, helping to prevent traffic accidents in Hollywood.

4) Increase the number of sidewalks. Adding sidewalks, according to some estimates, costs $20 000 or more per block. However, in areas where there are no sidewalks in Hollywood, traffic accidents are more likely because cars and pedestrians must share the road. The Federal Highway Administration reports that about 8% of the estimated 4500 pedestrian fatalities that occur across the country each year are caused while pedestrians are walking on roadways. According to the same source, creating walkways separate from the roads could decrease up to 88% of these types of collisions caused by sharing the road.

5) Slow traffic. Techniques such as curb extensions and striping can reduce traffic speeds, as can better enforcement of speed limits. Speeding not only increases the risk of car accidents in Hollywood and other communities, but it also increases the risk of fatal injuries in the event of a collision.

6) Make an effort towards visibility. Good road design and maintenance includes removing any barriers that could prevent a motorist from seeing a pedestrian. This may mean cutting back hedges and trees or removing larger obstacles.

7) Space crosswalks closer together. Spacing crosswalks far apart – half a mile or more – increases the likelihood that pedestrians will jaywalk rather than walking to the closest crosswalk to cross safely.

8) Improve crosswalk lights. Increasing the green or “WALK” time of pedestrian lights can ensure that pedestrians have enough time to cross to the other side of the road – even if they are young or elderly and need more time to cross. There are also microwave or infrared detectors that can sense slower-moving pedestrians and extend lights as needed so that pedestrians are not caught in the middle of the street when the light changes. Some communities have also found success by creating “pedestrian zone” crossing on body streets. In these situations, road traffic in all directions comes to a complete stop regularly so that pedestrians can cross in whatever way they wish. Currently, safety experts say that lights are designed only with motorists in mind.

What do you think would improve pedestrian safety?

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