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

Will Florida’s Texting Ban Save Lives?

Published on: December 4, 2013 | By Flaxman Law Group

After years of trying to pass texting bans, Florida has created a law, known as Statute Section 316.305 or the “Florida Ban on Texting While Driving Law.” This law went into effect on October 1 of this year and makes it a secondary offense for drivers to text while driving. Those who are caught texting and driving will have to pay a fine. Those who text while driving in school zones and those who cause accidents while texting will also have points against their license – as will repeat offenders. Many praise the legislation as a step in the right direction for preventing traffic accidents in Hollywood and across Florida.

Many experts say that the texting ban is long overdue. Now, only Montana, South Carolina, and Arizona still permit texting while driving. Indeed, research has shown that distracted driving is a pressing issue in Florida and across the country. The Florida Department of Transportation (FDOT) reports that 448 000 people were injured and 5474 people were killed in the US in 2009 due to distracted driving. In a 2010 FDOT poll, 64% of respondents cited distracted driving as the most pressing traffic issue in Florida. According to the Florida Department of Highway Safety and Motor Vehicles, distracted driving contributed to more than 2000 car collisions in Florida in 2010. Distracted driving that year was linked to 1474 injuries, seven deaths, and 542 instances of property damage. Despite this, many attempts to pass a texting ban in Florida have not been successful before this year.

Now that the texting ban is in place, can we expect to see fewer car and truck accidents in Hollywood, Miami, and other Florida cities? Not necessarily, say experts.

Part of the problem is that the law only addresses texting while driving – not the many other types of distractions that also cause car accidents and motorcycle accidents in Hollywood and other cities each year. The National Highway Traffic Safety Administration (NHTSA) and others agree that distraction while driving includes not just texting but any activity that takes the focus from the road and from driving. According to safety experts, distracted driving can include:

•Speaking on a cell phone
•Speaking with passengers
•Retrieving something from the floor, glove compartment, or back seat of the car
•Grooming
•Checking maps, GPS systems, or reading
•Drinking and eating
•Daydreaming
•Watching a video
•Turning to look at a car accident or billboard
•Adjusting a GPS system, on-board computer, MP3 player, iPod, CD player, or any other in-car technology
Other safety experts note that the texting ban is too lax, resulting in fines that are too small and not giving police enough authority to pull over anyone they believe is texting while driving. Many would like to see tougher penalties for the offense.

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What Happens if Your Car Accident Was a Workplace Accident?

Published on: November 28, 2013 | By Flaxman Law Group

Many Florida workers drive as part of their job. For example, shuttle bus drivers, truck drivers, and other employees have driving as their primary work description. However, many other employees also have to fight traffic as part of their job. Reporters may be shuttled from news story to news story in a company vehicle, for example. Even office employees may be asked to run an errand or drive the company vehicle to pick up a client, for example. Of course, accidents can occur and can create some confusion for employees who have been injured.

What happens when a traffic accident occurs on the job in Hollywood or anywhere in South Florida? In some cases, it is clear that the accident was work related. When a commercial truck driver, for example, is in a truck accident in Hollywood, it is clear that theirs is an at-work injury. In these cases, drivers are covered by workers’ compensation.

Anytime that you are injured in a car or traffic accident in Hollywood or any Florida community because you were doing something during work hours that is part of your job, you should be covered by workers’ compensation. You may also have the option of pursuing a legal claim against the at-fault driver or third party. Unfortunately, it is not always easy for injured workers to get the compensation they deserve. One problem is that insurance companies and employers sometimes claim that the accident occurred when the employee was not performing work duties or did not occur during work hours. Another problem is that workers’ compensation benefits may not cover the full costs of your injuries, especially if your injuries were severe.

If you think you are covered or think you have a claim, it is important to consult with a personal injury attorney in Hollywood or your community to protect your rights and review your options. A personal injury attorney can help you determine whether you qualify for workers’ compensation and can help you pursue a legal claim if you qualify. He or she can help you review your options for pursuing compensation, so that you understand exactly what you can do in your situation. Crucially, a lawyer can also represent you with insurance companies or in court, helping you seek the fairest compensation possible under the law.

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Are You Having Problems Getting Insurance Money After Your Car Accident?

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

If you have been in a car accident in Homestead, of course you expect your insurance agent to help you. After all, most insurance companies emphasize how caring and fast they are in helping you after an accident. You pay your insurance premiums on time with the expectation that if you ever need your insurance company you will be able to get fair compensation for your injuries.

Unfortunately, it is important to keep in mind that car insurance companies are in the practice of making money. Their main obligation is to their shareholders and to their bottom line. In addition, Florida is known as one of the states with the highest numbers of car insurance fraud in the country. Both of these factors mean that thousands of car owners in Homestead have trouble getting fair compensation from their insurance companies after a traffic accident in Homestead or their community. Insurance carriers are concerned about fraud and looking to resolve claims inexpensively and quickly.

You may have several types of problems if you try to file a claim with your car insurance company:

•You may have a hard time determining whether your compensation will cover your costs
•Your injuries may be undervalued
•Your insurance company may delay paying you your insurance money
•Your company may claim that you do not qualify for insurance money
•Your insurance carrier may allege that you’re committing insurance fraud
It can be extremely frustrating to be seriously injured in a car or truck accident in Homestead and to find that you are unable to collect insurance money for injuries that you feel are covered by your policy. It can also be very difficult in these situations to argue with your insurance company. They may simply claim that you don’t understand your policy or may allege that they understand the law better than you do.

In these situations, is important to consult with a personal injury attorney in Homestead or your community who is familiar with insurance law. A Homestead insurance law attorney can review your case and can help you find out whether your insurance company is dealing with you in good faith. If your insurance company is doing something unethical, your attorney can pursue a claim on your behalf. Your attorney may also be able to help negotiate with insurance carriers so that you get a fairer claim amount. If you qualify, a lawyer can also help you launch a personal injury claim so that you can seek compensation from all liable parties in your case.

Keep in mind that Florida laws are designed to protect you – but you may need someone who really understands the law to get the full protection you deserve.

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Traveling to See Family? Prevent Car Accidents on Your Road Trip

Published on: November 21, 2013 | By Flaxman Law Group

The holiday season often means traveling to see family. While these joyous reunions are a big part of the holiday season, they also pose a risk of traffic accidents in Homestead and other communities. To prevent this tragedy from happening to you, make sure that you:

1) Prepare your home for accepting family and visitors. This means providing plenty of safe parking options as well as drive-home-safe options if you will be serving alcohol. Have money on hand for cabs, designate a driver, and create extra space for cars on your property if needed. Take steps to prevent DUI accidents and other collisions in Homestead or your community.

2) Plan your holidays carefully. It’s impossible to do everything around the holiday time, and the more you overbook yourself the more fatigued and distracted you will be behind the wheel. Unfortunately, distracted driving and fatigued driving can be an especial concern during the holidays. To prevent a car accident in Homestead or your community, make sure that you delegate tasks and only focus on those holiday events that have meaning for you. Reducing your to-do list at this time of year can make you a safer driver.

3) Prepare your car for the weather conditions. Will your holiday plans mean driving outside of Florida? Check the weather. If there will be snow or ice at your destination, make sure that your car has good winter tires. While all-season tires do provide some traction and grip on the roads, on icy and snowy roads they are often not enough. If you’ll be driving on unpaved snow-covered roads, especially, you will need studded winter tires. While these are an investment, they are much safer because they have tiny spikes that dig into the ice and snow to prevent sliding and car accidents. Get a tune-up before you travel, as well. If you’re traveling to a colder climate, make sure that you get your car prepared for the weather. For example, make sure that your windshield washer fluid is able to withstand freezing temperatures and make sure that your car’s brakes and other systems respond correctly to help prevent a car accident.

4) Use online resources to plan your trip. Choose your routes carefully if you’re going on a road trip to see family or friends for the holidays. Google Maps is one resource that can help. This free, online service allows you to establish different routes to your destination and even allows you to estimate the length of time it will take you to drive as well as alternate routes and construction conditions. Google Maps even allows you to Street View your route, so that you can virtually drive to your destination on your computer screen. During this once or twice before you get in the car prepares you for your drive and reduces the chances that you will get lost and distracted.

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Plan Now to Avoid Holiday-Related Drunk Driving Accidents

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

Now that holiday decorations are going up and many people are making their holiday plans, it’s time to take steps to prevent holiday-related drunk driving. Unfortunately, the holidays are rife with drunk driving car and traffic accidents in Hollywood and other communities. With so many parties and events happening, many people make poor decisions after drinking. You don’t want to become one of the families devastated by a terrible loss around the holiday season. Right now, you will want to:

1) Plan ahead to figure out transportation to and from the various events you will be attending. As the invitations for parties and events come in, mark them on a calendar and carefully plan transportation to and from each party. Now is the time to rent a car or driver if you need it or to arrange carpooling to special events. You also want to budget for taxi fare or hotels if you cannot get home safely after a specific party or special event. Get a list of bus routes and other public transportation so that you can find a safe way home.

2) Set up a system for getting home safely. You are less likely to drink and drive if you have many ways of getting home safely that don’t involve you driving. If you know you will be likely drinking at an event, consider leaving your car at home and taking public transportation, taxi, a friend’s car, or another way to the event. This will reduce the temptation to drive later. Even if you’re not sure whether you will be drinking, have a get-home-safe system. Have a list of numbers you can call for a safe ride home, have extra money on hand for cab fare or hotel rooms, or find other solutions to get home safely.

3) Talk to your teen drivers and family about safe driving. If you have a new driver in your home, talk to them now about getting home safely after holiday events. Even if your teen is under the legal drinking age and you assume they will not be drinking, keep in mind that most teens do drink before the age of majority. Make sure they know that they can always call you and other family members for a safe ride home – no questions asked.

4) Get your car tuned up. Even if you’re responsible about avoiding drunk driving accidents, keep in mind that car accidents in Hollywood can still happen if your car is not in great shape. This is a good time to get your car tuned up and ready for all of driving you may need to do to get to family events.

5) Prepare yourself for any cold-weather driving you will be doing. In Florida, we are fortunate enough not to have to deal with snow and ice on the road most of the time. However, if you will be driving to a family event or another holiday event outside of Florida, keep in mind that you may be driving through snow and ice. Make sure that you get winter tires or studded winter tires that will better grip the road. Also, consider refreshing your winter driving skills to ensure that you can get home and to your destination safely.

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Bicycling For Health? How Not to Get Involved in a Traffic Accident

Published on: November 14, 2013 | By Flaxman Law Group

Bicycling is a great exercise. While spin class is often seen as a great way to lose weight and get aerobic exercise, nothing quite beats the experience of bicycling outdoors, in the fresh air. South Florida residents in Homestead are especially lucky to have many beautiful residential streets as well as a mild climate to enjoy. Unfortunately, Florida does not have a great reputation for bicycle safety. In fact, South Florida has for many years been rated one of the top areas of the country for fatal bicycle and pedestrian accidents.

If you are bicycling for your health or for enjoyment, you will want to take a few steps to ensure that you avoid getting involved in a bicycle accident in Homestead:

1) Stay visible. You are more likely to be in a car or truck accident in Homestead if cars can’t see you. Unfortunately, many motorists are not looking for bicycles, and this oversight can easily lead to collisions. Make it as easy as possible for cars and trucks to see you. This means wearing light, reflective clothing and using lights and reflective stickers on your bicycle – especially if you’re bicycling at night or poor lighting conditions. Make eye contact with drivers, to ensure that they can see you.

2) Follow the rules of the road. Signal before turning and always drive with traffic. Obey traffic rules, just as you would if you were in a car. While bicycles are far more flexible than cars, keep in mind that motorists cannot see you if you are somewhere where they don’t expect it to be – such as driving off of a sidewalk onto the road or driving through a red light.

3) Choose your routes carefully. Where possible, drive on bicycle lanes or if you would like a relaxing bicycle ride, choose one of the many parks in Florida that have bicycle paths. Avoid areas with high volume, fast traffic and no bicycle lanes, especially if you will be bicycling at night.

4) Take bicycling as seriously as you take driving. Would you drive drunk? Would you drive while texting or driving distracted? Would you drive with headphones on? If you would not do it in a car, don’t do it while on a bicycle. Distracted driving, fatigued driving, and drunk driving in Homestead and other communities cause not only car accidents but bicycle accidents as well. Keep your entire focus on bicycling, especially if you are sharing the road with larger vehicles.

5) Wear a helmet. While a helmet will not help prevent a crash, it can help prevent serious head injuries if you are in Homestead bicycle accident. Wearing a helmet, safety experts agree, is one of the best ways to prevent head trauma and injury. Wear one every time you hop on your bicycle.

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Recovering from Spinal Cord Injuries After a Car Accident

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

Car accidents in Hollywood often lead to serious injuries, and one of the most devastating injuries to sustain is spinal cord trauma. Spinal cord trauma is a lot more than just a back ache or a back injury. In many cases, spinal cord injuries in Hollywood leave patients unable to walk, unable to move, and unable to resume daily tasks.

Serious spinal cord injuries can result in permanent injury, leaving the victim unable to return to work and requiring around-the-clock care. Some people suffer paralysis a result of spinal cord injuries, while others require multiple surgeries as well as months or even years of rehabilitation in order to regain lost mobility.

If you have been in a car or truck accident in Hollywood or in any community, is important to check for any spinal cord trauma or damage right away. Even if you think you have not been injured, seek medical help and evaluation quickly after your collision. In some cases, soft tissue injuries and other serious injuries may not show symptoms right away but may still be very severe. A doctor can run scams and other tests to determine whether there has been any spinal cord trauma.

If you have suffered spinal cord injury as a result of your traffic accident, your Hollywood doctor will likely order tests and you may need to visit specialists for diagnosis and treatment. Depending on the nature of your injuries, you may need surgery, rehabilitation, or other forms of medical care. While stem cell research and other forms of research have been finding new solutions for spinal cord injury patients, rehabilitation often remains the cornerstone of treatment. Today, many patients work to regain some mobility and then learn to live with changed mobility for the rest of their lives.

If you will need a wheelchair, you may also need to work to make your home accessible and you may need to learn to get around with your new injury. Due to the severe nature of spinal cord trauma, many patients find that these types of injuries are very expensive. In fact, spinal cord injuries are among the most expensive injuries that people tend to sustain in car accidents. A very severe injury may mean more than $100,000 in medical expenses in the first year alone. Someone who has suffered a severe, permanent spinal cord injury may require around-the-clock care for the rest of their life, costs that can easily add up to more than a million dollars.

If someone’s recklessness or negligence has caused your car accident and your injuries, you may wish to speak with a personal injury attorney in Hollywood or your community in order to find out what legal options you have so that sure you don’t have to pay for these costs yourself.

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Avoiding Right of Way Accidents in Hollywood

Published on: November 7, 2013 | By Flaxman Law Group

Right of way car accidents in Hollywood often happen because a driver is distracted and does not yield right of way or because a driver is confused about who has right of way in specific situations. For too many head injury patients in Hollywood – not to mention patients who have suffered other serious injuries – it can be upsetting to realize that their injuries and accident were completely preventable.

There are a few situations where right of way accidents in Hollywood are especially likely to happen, and if you understand right of way in these situations you will be armed with the knowledge you need to potentially prevent some serious collisions:

1) Making a red turn on a red light. Some intersections have signs showing that you cannot make a right turn on a red light. Obviously, at these intersections you cannot turn right when the light is red. At intersections where there is no such sign, you must stop at the red light and yield to any oncoming traffic that is proceeding on their green light. This means that you must yield to vehicles making a left turn on a green light and cars proceeding through the intersection.

2) Left turns. Left turn car crashes in Hollywood often occur because someone does not yield right of way. On a left turn, you have right of way when you have a protected left turn (indicated by a green arrow or flashing green turning light). Unless you are making a protected left turn, you must yield right of way to any traffic that has a green light – this includes vehicles traveling through the intersection on a green light and anyone making a right turn on a green light.

3) Parking lots. Many parking lots have no signs, lights, or even lanes and this can make right of way confusing. You have right of way in a parking lot if you are driving the main route in a parking lot that eventually leads to a street. Cars that are backing out of a spot must yield right of way to cars that are leading moving through the parking lot. In fact, any time you back out of a parking spot – whether a driveway or a parking spot on a street – you must yield right of way to traffic already moving. Vehicles that are entering the main lanes of a parking lot from smaller lanes must yield to any traffic that is on the main lane leading to a street.

4) Merging. Cars merging from an exit ramp, merging into a new lane, or merging onto a street or road must always yield right of way to traffic moving forward. In some cases, vehicles will move out of the way to allow someone to merge, but this courtesy does not change the fact that the vehicle that is merging does not have right of way.

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The Link Between Short Yellow Lights and Car Accidents

Published on: November 5, 2013 | By Flaxman Law Group

According to the Insurance Institute for Highway Safety (IIHS) and a recent article on MSN, shorter yellow lights can increase the risk of car accidents. In Hollywood and other Florida cities, this may be an especial risk since many Florida municipalities have decided to shorten the amount of time allowed for yellow lights.

Many drivers assume that traffic lights are constant and that the duration of the lights is chosen for safety. However, many municipalities can and change the duration of traffic lights. Many motorists want shorter lights because they are impatient at intersections. Unfortunately, research by the IIHS has shown that shorter yellow lights can lead to a greater risk of accidents.

These accidents can be especially deadly because they occur at intersections. When car and truck accidents in Hollywood take place at intersections, they tend to be side-impact collisions and other types of crashes that tend to carry a higher risk of injury. These accidents also tend to be more serious because many accidents at intersections involve higher speeds and therefore greater force.

According to the IIHS, running red lights causes hundreds of deaths and tens of thousands of injuries each year. Increasing the length of yellow lights by just one second, the IIHS reports, can reduce red light running by one third. Yellow lights, quite simply, give drivers more time to get through an intersection or stop safely.

According to a recent item in Florida’s 10 News, Florida cities such as Tampa and others have been reducing the length of their yellow lights, because they are basing length on speed only rather than considering traffic and other variables. Some allege that the changes are meant to bring in more revenues from red light cameras, since reducing a yellow light by only 0.5 seconds doubles the number of people who can be caught by cameras running a red light.

There are already plans under way, according to the news program, to increase the length of yellow lights in Florida. In the meantime, motorists can take steps to prevent traffic crashes in Hollywood and other cities by:

•Driving at speed limits
•Avoiding distracted driving
•Slowing down when approaching intersections
•Scanning ahead for intersections and other situations so that they are prepared to stop

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New Studies Provide Insights and Could Help Prevent Car Crashes

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

New research is being published all the time that could help prevent future car accidents in Homestead and other cities. This past month, some of the more interesting findings included:

1) A study showing that driverless cars may be more reliable than even professionally trained drivers. Google released two research studies at a conference in California, showing data from the Google driverless cars already on the road. The cars have already logged hundreds of thousands of driving miles and have proven far safer than human motorists. According to the studies, the driverless cars keep a safer driving distance and brake more smoothly than even professional drivers. Many people already predict that the cars will eventually help prevent traffic accidents in Homestead and other communities but many safety experts still would like to see more independent studies of the cars.

2) A study has shown that even some driverless cars on the roads could prevent collisions and injuries. According to a new study by the Eno Center for Transportation, if only 10% of the vehicles on the roads were driverless, traffic fatalities could be reduced by 1,000 annually and we might see up to $38 billion in savings in collisions. If 90% of the vehicles on the roads were driverless, 21,700 fatalities could be prevented each year and $447 billion could be saved.

3) New research shows the dangers of drivers who are under the influence of drugs. A new study from the Columbia University Mailman School of Public Health concluded that drivers who are under the influence of drugs while driving have a tripled risk of a fatal car collision, when compared with their drug-free counterparts and combining alcohol and drug uses means that drivers increase their risk of a deadly crash by 23 times compared to sober drivers. Researchers reached these findings by reviewing accident data from the US government.

4) Drivers in older cars may be more likely to be in a fatal accident. A new study from the National Highway Traffic Safety Administration concluded that drivers who are in a car that is at least 18 years old are 71% more likely to die in an accident when compared with drivers who drive cars that are no older than three years. Drivers in a car that is 8 to 11 years old are 19% more likely to die in an accident when compared with drivers in a newer car. Drivers in a car that is 4 to 7 years old have a 10% higher chance of being in a fatal crash when compared with motorists in newer cars.

5) Cars with more safety features do not necessarily mean a reduced number of car accidents. According to a study conducted by Dr. Fred Mannering at Purdue University, there was no significant reduced number of car accidents on the roads between 1992 and 1997 that could be attributed to safety features such as ABS brakes. According to Dr. Mannering, drivers who have these features on their cars may not be experiencing a reduced number of accidents because they are overconfident because of the features.

Have you been injured in a car or truck accident in Homestead or any other community? Contact a personal injury attorney who can help.

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