Item: Flaxman Law Group
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Author: Clara Barman

Unique Summertime Risks for Car Accidents in Davie and Other Florida Cities

Published on: June 20, 2013 | By Flaxman Law Group

While summer brings exciting festivals and beautiful weather to Davie and other parts of South Florida, it also brings some unique road hazards for local motorists. Unfortunately, traffic accidents in Davie and other Florida communities are more of a risk at this time of year for a number of reasons:

1) Roadwork. Summer often means additional construction and roadwork projects, and while these bring jobs to the area they can also cause traffic delays and car accidents in Davie and other communities. To avoid the hassle and the risk, avoid construction areas where possible by checking your route before you drive. If you do find yourself approaching a roadwork area or construction area, slow down and follow any signs posted. Use extra caution in these areas, since more traffic can mean a greater risk of traffic collisions and pedestrian accidents.

2) Children and minors. Once schools are out, children and minors often head outdoors to enjoy their summer. This can mean more children in yards and in parks as well as more teen drivers on the roads. Keep this in mind and use extra caution to prevent pedestrian and bicycle accidents in Davie or your community.

3) Car trips. Road trips are a big part of summer fun, but they can also pose some dangers. Driving over long distances and into areas you are not familiar with can mean a greater risk of collisions, especially if fatigue also becomes a factor. If you do decide to go on a longer trip, plan well in advance. Review your route so that you do not have to look at a map as you drive. Get plenty of rest before you start your trip and take regular breaks during the drive to rest, stretch, hydrate, and eat.

4) Drinking and driving. Drinking and driving accidents in Davie and other Florida communities continue to be a problem, unfortunately, despite education and awareness campaigns. Summer can mean a greater risk for these types of traffic collisions, unfortunately, due to the number of outdoor parties, weekend get-togethers, and holidays at this time of year. To prevent being injured in a DUI accident, make a plan now to get home safely from summer events and BBQs.

5) Animals on the roads. Many animals have young at this time of year and are generally more active, meaning that animal-related car accidents can become more common. If you drive in more remote areas and at dawn and dusk, especially, you may be at greater risk of an accident.

6) Heat and weather conditions. Heat can exacerbate fatigue and drowsiness while bright sunlight can cause headaches and visibility problems. It is important to use air conditioning or to roll your windows down in order to prevent heat exhaustion in the car. Wear sunglasses to prevent glare problems and have water bottles in your car so that you can stay hydrated during your day.

7) Additional traffic. Southern Florida usually sees an influx of tourists and visitors during summer months, and this can mean crowded roads as well as more car collisions in Davie and other local areas.

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Lack of Sleep Could Be Leading to Serious Personal Injury and Car Accidents in Fort Lauderdale and Other Cities

Published on: June 18, 2013 | By Flaxman Law Group

About 20% of Americans report feeling severe fatigue at least a few times a week. This fatigue, according to respondents polled, is serious enough to affect everyday performance. According to Jane E. Brody at the New York Times, lack of sleep can be one of the most dangerous conditions, leading to:

1) Slower metabolism. According to Brody’s research, lack of adequate sleep can result in an additional ten pounds of weight gain per year. Weight gain can lead to a number of serious ailments, including high blood pressure, cardiac disease, sleep apnea and other illnesses which can create symptoms which can cause car or truck accidents in Fort Lauderdale and other communities. Safety experts agree that safe driving requires a healthy driver, and good health is simply not possible without proper sleep.

2) A lower life expectancy. People who have poor sleep patterns and habits are more likely to suffer from serious disease and more likely to be in a serious accident, according to many research studies. Getting enough shuteye can help you leader a healthier – and longer – life.

3) Slower learning. Adequate sleep is needed for memory pathways to work correctly and for new learning to become encoded in the brain. Young drivers who do not get adequate rest may be at an additional risk, as they are still learning to drive and inadequate sleep may prevent them from learning correctly.

4) Poorer decision making. Research by Dr. Timothy Roehrs has found that sleep-deprived test subjects make more poor decisions when compared with well-rested subjects. On the road, poor decisions can easily lead to a truck or car accident in Fort Lauderdale or your community, which is yet another reason to get plenty of sleep.

5) Slower response times. Many safety experts agree that fatigued driving is just as dangerous as drunk driving in Fort Lauderdale and other communities. Drunk drivers are at risk of falling asleep behind the wheel or causing a car accident due to slow response times and poor decision-making. The same is true for fatigued drivers. Cold air and caffeine do not help – only rest can help prevent the risks of fatigued driving.

Getting enough sleep is not always easy. Hectic schedules, stress, noisy city streets, and illness can all conspire to affect quality of sleep. If you have trouble sleeping, there are several things you can do:

•Visit a doctor to see whether there is a medical reason or a possible solution for your sleep problems
•Create a peaceful bedroom and use earplugs or a sleep mask to block out lights and noise
•Arrange your schedule and delegate tasks so that you have enough time for sleep

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How to Avoid Being the Victim of a Staged Car Accident in Miami or Florida

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

Unfortunately, Florida has earned a reputation for insurance fraud and staged car accidents. A number of frauds of this type have been uncovered across the state over the past few years and insurance carriers have scrambled to address the issue. Many people continue to be the victims of these types of scams, however, and in some cases are seriously hurt because a fraudster is trying to get insurance money in a scam. According to experts, there are several things you can do to prevent being a victim:

1) Be prepared for an accident before it happens. Have a good insurance policy in place so that you are protected in the event that you are in a car or truck accident in Miami or anywhere else. In your car, keep a camera. This way, if you are in a collision you can take photos of any injuries at the scene as well as all cars from every angle. In the event of a staged car crash, hard evidence is often enough to prove the scam and protect you.

2) If you are in a car collision, take down as much information as you can. Take photos, exchange information with other sat the scene, and note your first impressions as well as any details you remember.
3) Get referrals from people you trust. If you are in a traffic accident in Miami or any other community and need medical attention, a car mechanic, attorney, or another professional, do your research. Do not just accept referrals without checking them out. A common form of fraud is for scammers to refer targets to specific auto shops, attorneys, or medical professionals who are part of the scheme and will overcharge for basic services.

4) Trust your instincts. If you feel that something is not quite right, trust that gut instinct. Take down as much information as you possibly can and refuse to sign any paperwork until you have checked out the situation or have had the issue investigated.

5) Consult with an attorney for legal advice. Being accused of causing a car accident (a common tactic with fraudsters) can seriously affect your insurance rates and your driving record. If you are seriously injured in a car or truck collision in Miami or any community, you will want to consult with a personal injury attorney. If a scammer’s actions have caused your injuries, a personal injury attorney in Miami or your city can investigate the incident, can build a strong case, and can pursue compensation so that you do not have to pay for lost income, medical costs, and other expenses yourself.

Insurance fraud hurts everyone, but it is especially difficult for innocent victims. It is already frightening to be in a car accident, but it can be even more troubling to realize that you have been the victim of fraud. Since staged car accidents happen in a fraction of a second, any miscalculation or error on the part of a fraudster can cause serious and even life-threatening injuries to you and your passengers.

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Staged Car Accidents in South Miami and Other Miami-Dade County Communities a Growing Concern

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

According to the executive assistant U.S. Attorney for the Southern District of Florida, the most significant type of insurance fraud in Southern Florida is staged car accident fraud. Recently, authorities arrested 26 people and charged 33 people and arrested 26 as part of an investigation into a staged-accident ring that involved multiple groups in Miami-Dade county and Palm Beach county. According to experts, staged car accidents deprive the insurance industry of billions of dollars in fraudulent claims and put innocent motorists and pedestrians at risk of real injuries.

Staged car accidents often increase during times of economic instability, as people turn to fraud for economic gain out of desperation. Staged car accidents can be quite elaborate and can involve multiple fraudulent parties, including doctors, fake witnesses, motorists, and more. Unfortunately, in some cases it is more than just insurance companies who get harmed. Innocent bystanders can also be harmed since fraudsters are still essentially creating a car accident in South Miami or another community. While fraudsters plan carefully so that it appears as though they are injured when they are not, in some cases the target of the fraud suffers serious spinal cord injuries, head injuries, or other injuries as a result of the staged accident.

Staged accidents can take many forms:

1) The lane change accident. In this type of staged car accident, the fraudster will wave you ahead as you attempt to change lanes. When you make the pass, however, he or she will step on the gas and cause a collision, later denying that he or she waved you ahead and leaving you liable for the car crash.

2) The T-bone accident. In this type of staged car accident, a fraudster will wait until you enter an intersection and will step on the gas, t-boning your vehicle. In this type of staged traffic accident in South Miami and other communities, the fraudster will often work with fake witnesses, who will be on the scene to allege that you were the one to run a stop sign or red light.

3) The hem-in. In this type of staged car accident, fraudsters will stop suddenly in front of a target car, with an additional fraudster beside the target car so that the driver cannot swerve to prevent the accident.

In addition to these situations, fraud can occur at other levels, as well. For example, fraudsters may work with chiropractors or others to make claims for injuries which did not occur. Another common scam is for fraudsters to make fake referrals to mechanics, medical professionals, or attorneys. These individuals, if they are in on the scam, may end up charging the target extra money.

Being the target of a staged accident is frightening and upsetting. In many cases, victims are blamed for the accident and may face increased insurance costs. In addition, staged accidents can still mean that victims are rushed to an emergency room in South Miami with head injuries, spinal cord injuries, burns, and other serious injuries.

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This is the Time of Year to Look Out for Animal-Related Car Accidents in Hialeah and Other Florida Communities

Published on: June 8, 2013 | By Flaxman Law Group

At this time of year, drivers need to be more aware of animals on the road. Many types of animals, including deer, have young at this time of year and are more active near road areas due to this fact. The warmer weather and end of school can also mean that pets are allowed to leave the house more often, and some may find their way into roadways. Both situations can and do cause car accidents in Hialeah and across Florida. According to DOT (the Department of Transportation) there are several things that drivers can do:

1) Use extra caution if you drive in the evening and early in the morning. Many types of animals are more active during these hours. In addition, visibility can be more challenging during these hours, increasing the risk of a car collision.

2) Slow down and pay attention. Distracted driving leads to many car and truck collisions in Hialeah and other communities each year. Speeding and driving distracted increase the risk of an accident because drivers may not see an animal in time and may be unable to avoid a collision.
3) Use extra vigilance if you are a motorcyclist. Animal-related motorcycle accidents in Hialeah and other communities are especially deadly. A motorcyclists who swerves to avoid a pet may lose control of the bike and be thrown from the motorcycle. A collision with a larger animal, such as a deer, can easily prove fatal.

4) Buckle up. You are less likely to be seriously injured in accident if you wear a safety belt. A seat belt can keep you in the car and in your seat in the event of a crash, minimizing your risk of life-threatening head injuries.

5) If you see an animal by the side of the road, slow down. Blow your horn with one long blast to scare the animal away. Check to make sure the roadway is clear before proceeding. Keep in mind that many animals travel in groups, especially at this time of year, so if you see one animal stay extra vigilant and look for signs of younger animals or additional animals in the same area.

6) If you see an animal on the road, stop the car. Brake firmly and avoid swerving your car, as it can confuse the animal and can cause it to run in front of your car. Do not expect the animal to run away – some animals get confused by the glare of headlights and may freeze in the road rather than moving. Wait until the animal has left the road before proceeding, checking first to make sure that other animals are not entering the roadway.

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Michigan Law Change Shows that Helmet Laws Could Protect Riders Involved in Car Crashes in Miami and other Cities

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

What happens when a motorcycle is in a car crash in Miami? In many cases, the motorcycle rider is thrown from the motorcycle. In many cases, riders are rushed to emergency rooms in Miami as spinal cord injury patients or brain injury patients. Some do not survive.

In Florida, riders under the age of 21 are not obligated to wear a helmet. Many states have similar laws. In the past year, Michigan has changed its laws to similar legislation after having mandated helmet use for all riders for more than four decades. The results of the law change have been eye-opening. In the year since the law has changed, the amount of medical claims per motorcycle accident has risen 34%.

The Insurance Institute for Highway Safety has told the media in interviews that the increase in medical claim amounts is attributed to the fact that riding without a helmet increases the risk of a head injury. Research by the Insurance Institute for Highway Safety had found that the severity of injuries increases after mandatory helmet laws are reduced or withdrawn. Other research has suggested that these types of legislative changes increase fatality rates.

The Motorcycle Riders Foundation and other motorcycle organizations note that these studies do not address the real risks of motorcycle accidents – risks they say are caused by car and truck accidents in Miami and other cities that are caused by motorists. These groups note that the laws still allow motorcycle riders to wear helmets. According to some motorcycle safety advocacy groups, the reported increase in sever motorcycle crash injuries on undertrained and unlicensed riders. Some experts allege that more riders are riding without a special motorcycle license or not taking the required safety courses, putting them at greater risk of traffic accidents in Miami and other communities.

Laws like the one in Michigan do seem to change rider’s attitudes about helmets. In the four years before the new law went into effect, according to the University of Michigan’s Transportation Research Institute, 98% of motorcyclists involved in crashes were wearing helmets, compared with 74% in the days following the law change. According to a study conducted by the National Highway Traffic Safety Administration, in states where helmets are required, 97% of riders wear them, while in states with fewer helmet laws have 58% of motorcyclists wearing the head protection.

Across the country, motorcycle fatalities have increased over the past 15 years. In 2012, there were 5000 fatalities associated with this type of traffic accident, according to reports from the Governors Highway Safety Association. That year, motorcycle fatalities accounted for over 14% of all traffic deaths.

Safety experts agree: if you want to prevent a serious head injury in Miami or your community, wear a helmet whenever getting on a motorcycle or bicycle. If you are in a motorcycle or bicycle accident in Miami or your community and that accident involves a car, the force and size of a car can cause fatal head injuries. A helmet can help prevent many of those injuries; it is currently the best protection riders have.

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Fatigue a Key Risk Factor for Young Drivers in Car Accidents

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

According to a new study led by Alexandra Martiniuk of the George Institute for Global Health, young drivers between the ages of 17 and 24 who slept six hour or less per night had a 21% increased risk of being in a car collision when compared with young drivers who had over six hours of sleep. The study was based on information collected from over 20 000 drivers.
According to the study, 86% of fatigue-related accidents involving young drivers occurred at night, between 8 pm and 6 am. Young drivers who did not catch up on sleep during the weekends fared even worse; they had a 55% of being in a single-car accident.

Experts agree with the findings, noting that fatigue slows response times and makes any driver more likely to crash. In some cases, fatigue can also cause a motorist to fall asleep while driving. Although it has not been studied extensively, some experts believe that teens and younger drivers may be even more at risk when it comes to fatigued driving. Some believe that this is due to the fact that teens and younger drivers have less experience with driving, so fatigued driving puts them more at risk of a car accident in Coral Gables and other communities.

In the US, about 20% of all car accidents are thought to be caused by fatigued driving. This means that about 8000 fatalities, 1 million car accidents, and 50 000 injuries can be attributed to fatigued drivers.
According to many experts, parents play a key role in helping young drivers avoid fatigue-related accidents and injuries. Parents can help by:

•Setting a good example by driving only when fully alert and focused.

•Setting firm rules about drinking and driving, distracted driving, and fatigued driving. Rules with consequences can help prevent a young driver from taking risks that can result in a car or truck accident in Coral Gables.

•Explaining to teens what distracted driving, fatigued driving, and drunk driving are. In some cases, teens may assume that having one drink is ok or may think that driving when tired are okay as long as they are not “too” tired.

•Helping your child with time management. According to many experts, teens and college students face long days of studies, social activities, and extracurricular activities. Juggling too many tasks at once and not managing time well can lead to sleepless nights.

•Getting help in situations where a child is overwhelmed or seems to be having trouble sleeping. Sleep disorders and other health issues can exacerbate the problem.

•Offering drives home late at night or encouraging tired drivers to take an alternate route home. These options can help prevent a traffic accident in Coral Gables or your community.

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Your Age Can Affect Your Likelihood of Surviving a Car Crash in Miami

Published on: May 29, 2013 | By Flaxman Law Group

A new report from the National Highway Traffic Safety Administration (NHTSA), based on 50 years of accident information, reveals that different age groups have different chances of surviving a car accident. If you are in a car accident in Miami or anywhere in Florida, these numbers could be significant:

•Female motorists between the ages of 21 to 30 have a 29.2 percent higher risk of being killed in a car accident than male motorists in the same age group involved in similar accidents.
•By age 70, women and men have the same risk of sustaining fatal injuries in a car collision.
•Female motorists between the ages of 65 and 74 have a 1.4 percent lower risk of being killed in a car collision when compared with male motorists in the same age group involved in similar accidents.
•The overall risk of female passengers and drivers being killed in a car accident in 17% higher when compared with male passengers and drivers in the same accident.
•The overall risk of being killed in a car accident increases with age. A 75-year-old male driver or passenger is four times more likely to die in a car accident when compared with a 21-year-old female in the same type of collision. A 75-year-old male driver or passenger is five times more likely to die in a car accident when compared with a 21-year-old male in the same accident.
•Between 1995 and 2002, the risk of sustaining fatalities in a car accident for all age groups decreased 42%.

According to the NHTSA, the numbers can be explained by physical differences over time and between men and women. Younger women, for example, are smaller than men, generally, of the same age. In a car accident, this can mean that women are more likely to be thrown from the car and more likely to sustain life-threatening head injuries in Miami or their community. For older drivers, female drivers and passengers have a slightly lower fatality rate, according to the NHTSA, because women in their later years tend to be healthier, on average, than their male counterparts. Across all age groups, car accident fatalities have declined in part due to more universal seat belt use and car safety improvements.

Of course, age alone does not determine one’s ability to survive a traffic accident in Miami or any community. There are many things that individuals can do at any age to increase their chances of surviving a car or truck accident in Miami or their community. For example, wearing a seat belt and getting proper driver training can reduce the risk of serious injury. Following the rules of the road and driving carefully can also reduce the risk of being in a car collision in the first place. Motorists at all age groups can also take care of their physical fitness and their health to improve their chances of surviving an accident.

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How Significant is Fatigued Driving as a Cause of Car Collisions in Coral Gables and Other Communities?

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

A study of driver fatigued was recently conducted by the Virginia Tech Transportation Institute in association with the National Highway Traffic Safety Administration. The researchers concluded that fatigued driving is a leading cause of car accidents. If you have been driving while sleepy, assuming that it does not put you at an increased risk of a car crash in Coral Gables or your community, the study’s findings may be eye-opening.

Researchers in the study examined 100 vehicles in the Washington DC and Northern Virginian region. The cars were especially equipped with technology ranging from accelerometers to sensors, video and radar, and special lane-tracking software. The technology allowed researchers to not only rely on self-reporting of fatigue from drivers but also allowed them to track drivers who closed their eyelids, yawned, nodded off, or otherwise exhibited signs of fatigued.

The technology was significant because most studies on fatigued driving rely on motorists to self-report signs of fatigue. This technology allowed researchers to actually track signs of fatigue – whether drivers were aware of them or not. While traditional studies have estimated that fatigue causes 2-3% of accidents, the Virginia Tech Transportation Institute study found that fatigued drivers account for 20% of car accidents. Researchers further found that younger drivers (between the ages of 18 and 20) were more likely to be in fatigue-related crashes. The study also concluded that fatigue-related car accidents are more likely to occur during the daytime.

Researchers at the Virginia Tech Transportation Institute concluded that motorists who are even only moderately tired when driving are four times more likely to be a collision when compared with rested drivers.

More studies are already underway into fatigued driving, but in the meantime experts agree that avoiding fatigued driving is vital. If you want to avoid being in a car or truck accident in Coral Gables or your community, you will want to:

•Get a good night’s sleep
•Visit your doctor if you notice daytime fatigue or another symptom of a sleep disorder
•Get prompt treatment for sleep disorders
•Do not drive when you are tired
•Rely on public transportation or carpooling if you have a hectic schedule and often work late
•Use extra caution behind the wheel if you work shifts that change your sleep patterns and make you more prone to fatigue
•Do not assume that energy drinks or coffee will make you safer behind the wheel if you are tired – they will not
Studies have already concluded that driving fatigued is as dangerous as driving under the influence, because it can impair your judgment and slow response times in similar ways. Avoid drunk driving accidents in Coral Gables or your community by not driving after drinking, and avoid fatigue-related crashes by not driving when you are tired.

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New Study Suggests Distracted Driving in Florida and Across the Country May be More Pervasive Than Once Thought

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

With Florida poised to potentially pass legislation which would allow police to charge drivers for texting behind the wheel, there is renewed interest in the issue of distracted driving. While motorists and experts agree that distracted driving is major issue leading to car collisions in Fort Lauderdale and other cities, however, there is some disagreement about how distracted driving can be defined. The media tends to focus on mobile devices and while these distractions can certainly be a danger on the roads and lead to many traffic accidents in Fort Lauderdale and other cities, most experts agree that distracted driving is a much bigger problem.

A recent study from Erie Insurance confirms this. The insurance companies reviewed data from the Insurance Institute for Highway Safety and concluded that one in ten traffic collisions across the country are caused by distracted driving. According to the study, the most common causes of distraction were:

•Daydreaming or loss of focus (associated with 63% of fatal distraction-related car accidents between 2010 and 2011)
•Cell phone use (12%)
•Outside distraction (7%)
•Passengers (5%)
•Drinking or eating while driving (2%)
•Adjusting car controls or devices (2%)
•Moving items inside the car (1%)
•Smoking (1%)

The problem with these types of distractions is that it is impossible to pass legislation to target these types of behaviors. It is impossible to tell, for example, if a driver is daydreaming or simply not focused on the road – even though this appears to be the biggest danger behind the wheel. While a texting ban may help prevent some truck accidents in Fort Lauderdale and other cities, there is no legal way to address all the possible types of distractions that can lead to collisions.

Instead, it is up to motorists to take the steps necessary to prevent accidents caused by distraction. According to Erie Insurance and other experts, there are a number of things that drivers can do to avoid being in (or causing) a distracted-driving collision:

•Pull over to make phone calls or use mobile devices
•Keep your mobile devices turned off while you drive
•Do not drive when you are having trouble focusing or when you are fatigued
•Provide a good role model for your children by driving responsibly
•Never drink or eat while driving – pull over and eat in your car if you go through a drive-through
•Adjust your mirrors, radio, and other controls before you start to drive
•Secure pets in a cage or kennel while driving – this makes the drive safer for you and your pets
•Keep your windows rolled up on warm days to prevent debris and insects from flying in your car
•Wear sunglasses when driving on sunny days
•Keep the interior of your car tidy

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