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

Are Bicyclists Killed in Miami Car Accidents Having Trouble Getting Justice?

Published on: April 10, 2012 | By Flaxman Law Group

According to a recent investigative report, very few New York City bicyclists killed or injured in car accidents ever get justice. In fact, in 2011 the Big Apple saw 21 bicyclist fatalities, but only two drivers were ever arrested in these cases. While similar numbers are not available for Miami, anecdotal evidence suggests that bicyclists in Florida also have a similar problem getting justice after an accident. There are many possible reasons for this:

1) According to some groups, including Transportation Alternatives, police are not tough enough on motorists. In many cases, budget cuts may mean that police have few resources for bicycle accidents. In 2008, bicyclist Rasha Shamoon was struck and killed by a motorist who had six prior traffic infractions. Despite this, police did not conduct accident reconstruction, made errors in the police report, and concluded that Shamoon was at fault. The bicyclist’s family took the case to court, where it was shown that Shamoon was not speeding, as police claimed, and the court found the driver 95% responsible for the accident.

2) Bicyclists are often assumed at fault. Some individuals assume that bicyclists take risks and are often at fault of accidents. Unfortunately, this kind of thinking can influence investigations into Miami traffic accidents that involve bicyclists.

3) There is a great disparity between bicycles and cars. In a Miami car accident involving two cars, the damage to both vehicles and parties can be comparable. In a Miami bicycle accident, however, the bicyclist is often killed or seriously injured, making it hard for that victim to provide their own statement of events during the investigation. As well, while such accidents often cause little damage to the car or truck, in some cases these accidents become hit and run accidents, making it harder to catch the driver and bring them to justice.

4) Bicyclists are not insured. In a Miami car accident involving two vehicles, insurance carriers need careful police reports and there are often insurance investigations as well. In a case involving a bicyclist, especially if the bicyclist is found at fault, there may not be the same investigation unless the bicyclist’s family works with a Miami personal injury attorney and filed a civil suit.

5) Laws. Since cars are so prevalent, laws have been passed to ensure that not all traffic violations are criminalized. This can make it harder for bicyclists and their families to argue that an accident was in fact vehicular manslaughter or another serious crime.

If you are a bicyclist injured in a Miami traffic accident, it is important to speak with an experienced Miami personal injury attorney about your case as soon as possible. A good attorney can gather evidence about your case and can investigate the cause of the accident so that you are not held at fault if the collision was caused by a motorist. A good attorney can also help you understand the steps you need to take to pursue fair compensation. It is common for a Miami bicycle accident to be very expensive. In addition to high medical bills, there are often transportation costs and lost pay to consider. A good attorney can help you understand the true costs of your injuries and can work with you as you pursue justice.

Continue reading →

Things to Keep in Mind After a Davie Car Accident

Published on: April 3, 2012 | By Flaxman Law Group

A Davie car accident can be one of the most frightening events of your life. Unfortunately, Davie traffic accidents are among the most common causes of serious injuries and these accidents cause far too many fatalities and injuries each year. One of the most important things to do after your Davie car accident is to seek medical attention right away. According to experts, there are a few things to keep in mind as you seek medical attention:

1) Do not dismiss symptoms or assume that you are fine after a Davie car accident. Even a minor car accident can cause permanent injuries to soft tissue, muscles, and your back and neck. In some cases, you may not display any symptoms but may still have serious or even fatal injuries. Some Davie brain injury patients, for example, do not display any symptoms initially, even when they have suffered severe and potentially life-threatening brain trauma. In some cases, symptoms develop gradually and you may have trouble getting insurance coverage for your symptoms if you do not seek help quickly and start the documentation process. Even if you have been in a relatively minor Davie traffic accident, it is important to seek medical attention promptly.

2) Choose your doctor carefully. You generally will be able to select the doctor of your choice for medical treatment. Look for a specialist with experience in the type of injury you have sustained.

3) Consider long-term care. In many cases, a Davie car accident requires long-term care, especially if you have sustained a brain injury, whiplash, a broken bone, or other serious injury. In these cases, it can take months of follow-up visits and months of care to recover fully. It is important to consider this when evaluating any insurance coverage you are offered – you need to make sure that you are compensated for long-term care as well as immediate care. In many cases, it may take the help of a Davie personal injury attorney to negotiate with your insurance carrier in order to get the compensation you need to cover all your medical costs.

4) In some cases, getting legal help is as important as getting medical help. A Davie personal injury attorney can help apprise you of your rights, can help you negotiate with insurance carriers, and can help you understand the value of your case. If you have been in a serious accident with multiple liable parties, it may require legal action to get all the compensation you need to cover all your accident-related injuries. Your physicians and insurance company are protected by teams of attorneys – don’t you deserve legal assistance to protect your rights as well?

Continue reading →

Seatbelts Can Cause Injuries in North Miami Beach Car Accidents

Published on: March 29, 2012 | By Flaxman Law Group

Subaru is recalling 275,000 Foresters, due to a problem with the SUVs locking retractors for the seatbelt systems. According to Subaru, the recall affects Foresters with model years between 2009 and 2012. The problem seems to be that the automatic locking retractor installed in the rear seats of some models may not allow for child safety seats and may not adhere to locking requirements. So far, Subaru has not noted whether any injuries have been caused by the problem.

It is expected that the recall should be launched by the middle of April. Subaru will be replacing the seat belt assembly for the rear center seat belt on all affected models with a new automatic locking retractor gear and with new seat belts that have shorter lengths. Customers and dealers will be notified of the recall and will be given instructions at that point for replacing the system. Due to the number of vehicles involved, the recall will occur in stages. Some owners may need to wait until 2013 to have the problem fixed.

The recall highlights the importance of seat belt safety in preventing North Miami Beach car accidents. Seatbelts are one of the most important safety features in any car – even given the new safety features available on newer models of cars – because seatbelts and safety belts help keep passengers and drivers safely in the car during a North Miami Beach traffic accident. Without a seatbelt, passengers and drivers are likely to be thrown about the vehicle or even ejected from the vehicle, which often leads to serious North Miami Beach brain injuries, spinal cord injuries, broken bones, and fatal or permanent injuries. Most experts agree that wearing a safety belt is one of the easiest, simplest, and most effective ways to prevent serious injuries in a car accident.

However, despite the importance of seatbelts, they are not without their drawbacks. Safety defects – such as potentially the one affecting Subaru – can mean that safety belts do not work as expected in an accident. In this situation, it is possible for passengers and drivers to sustain serious or permanent injuries. When this happens, however, Florida law does protect victims. Victims who have been injured due to a safety belt defect can often seek legal action against car manufacturers who knew about the defect but failed to act in time.

Seatbelts may have other issues, even if they are not defective. For example, seatbelts are only meant to work for adults. Children can be seriously injured by a seatbelt, as it can cut into the neck, shoulder, and abdomen area of a child. For this reason, it is important to always let children sit in the backseat and to always use age-appropriate child safety restraints instead of seatbelts when children are passengers in a car. Adults who are below average height may also wish to consider how seatbelts fit them. In some cases, adults below average height can also have problems during a car accident if the seatbelt cuts into their chest, back, or facial area, causing injuries. It is important for adults to carefully adjust their seat and seat belt so that it fits correctly.

Continue reading →

Fort Lauderdale Car Accidents Involving Police Cars

Published on: February 18, 2012 | By Flaxman Law Group

According to an investigative report by the Sun Sentinel, at least 21 people in Florida have been seriously injured or killed by speeding police vehicles since 2004. In some cases, the speeds do not seem justified. In 2008, 20-year-old Erskin Bell Jr. was left severely brain damaged when a police car rear-ended his vehicle at 104 mph. A subsequent investigation showed that the police officer behind the wheel, Mark Maupin, was not responding to a call and was not taking part in a pursuit when he lost control of his police car. Maupin had a history of accidents and speeding violations on the job, but after the Bell accident the only punishment he received was to lose his license for 90 days. Maupin was also injured in the crash.

According to the Sun Sentinel investigation, seemingly unnecessary speeding is one of the most disturbing trends when it comes to Florida car accidents involving police cars: in most of the 21 cases involving a serious car accident with a police car, the officers involved were responding to a routine call or were simply driving too fast. In most cases, they were not speeding due to an urgent situation. The investigation also found that police officers involved in these 21 accidents tended to face low criminal sentences, ranging from no jail time to no more than 60 days in jail, even when the car accidents they caused were fatal.

The problem of speeding police cars also causes a heavy toll for police officers. Of the people killed by police cars between 2004 and 2011, seven were police officers. In some cases, their vehicles were traveling as much as 61 mph above the posted speed limit at the time of the accident. Obviously, the Sun Sentinel report is disturbing, as many of these accidents that lead to serious accidents appear to be highly preventable.

There is no doubt that law enforcement personnel do a terrific job in keeping communities safe. They work tirelessly to uphold the law and help individuals. In many cases, they risk their lives for others. In some situations, police officers and other emergency vehicles do need to speed. If they are chasing someone who is dangerous or trying to get to a life-threatening situation, speed of course can save lives. And emergency responders do get special training to ensure that they do get to emergency situations quickly in order to save lives.

At the same time, when families lose loved ones due to the situation described by the Sun Sentinel, these types of losses can be devastating and angering. These accidents can cause serious injuries, including Fort Lauderdale brain injuries, spinal cord injuries, and fatalities. In many cases, victims who have been injured by emergency responders face tremendous challenges when it comes to recovering compensation for injuries and other costs. Community governments and their employees are protected and have teams of experienced attorneys working for them. If you have been injured in a Fort Lauderdale car accident, it is important to speak with a qualified Fort Lauderdale personal injury attorney who can defend your rights and can seek compensation for your injuries, so that you do not have to bear the burden of medical costs and other expenses yourself.

Continue reading →

What To Do if You are in a Hit and Run Cooper City Car Accident

Published on: January 12, 2012 | By Flaxman Law Group

There are few things more intimidating than being in a hit and run accident. One minute you are driving to your destination and the next minute you have been in a Cooper City car accident. Before you can exchange information, the other driver is gone, leaving you shaken and frightened. If you are in this situation, there are several things you need to do:

1) Get immediate medical help for yourself or anyone who is injured. Your first priority should be to get immediate medical attention. Some injuries, such as severe blood loss and Cooper city spinal cord injuries require immediate medical assistance or they will become fatal. Call 911 and get medical help. Be sure to keep a copy of any medical records or emergency room records if you can, as this can help you document your injuries and prove your injuries if your case goes to trial. Even if you do not think you are injured, it is a good idea to see a doctor within a few hours of your accident, just to rule out injuries. Some common injuries, including Cooper City brain injuries, may not show immediate symptoms but may be fatal if left untreated. It is always better to err on the side of caution when it comes to your health.

2) Write down any facts that you remember about the accident and take photos of the scene if you can. If you remember any details about the hit-and-run driver or their car, write this down before you forget. If you can, take pictures of the immediate area with a cell phone camera or a camera. The more evidence you gather, the more information attorneys and investigators will have.

3) Get the contact information of any witnesses at the scene. Witnesses may have seen something that you didn’t, and can help you find the hit-and-run driver who has injured you.

4) Report the incident to police. Leaving the scene of a Cooper City traffic accident is a crime and it is punishable by law. Even if your car was parked when the accident took place, the other driver is obligated to leave contact information on your vehicle. As with your medical records, get a copy of the police record if you can, as this can help you document your case. Police authorities can help you investigate the accident and may even be able to help you find the hit-and-run driver who has injured you. This can be especially important in ensuring that the same driver does not injure other people in a Cooper City car accident again.

5) Contact a Cooper City personal injury attorney with experience in hit and run accidents. Contacting a personal injury attorney is important, as attorneys can work with private detectives to further the investigation into your case and increase the chances that the hit-and-run driver will be caught. A Cooper City personal injury attorney can also help represent you, can help you navigate the insurance claim process, and can generally ensure that anyone who is liable for your accident is held accountable so that you do not have to pay all the costs of your accident yourself.

6) Contact your insurance company. Depending on your coverage, you may be covered for hit-and-run accidents and underinsured drivers. Contact your insurance company to find out whether you are covered in part or in full for the costs of your accident. If you have retained the services of a Cooper City personal injury attorney, your attorney can also help advise you on the best way to proceed with your insurance company, which is another important reason to retain the services of an attorney in hit-and-run cases.

Continue reading →

It’s Not Just About Miami Car Accidents: Preventing Common Childhood Car-Related Injuries

Published on: December 8, 2011 | By Flaxman Law Group

While Miami car accidents are one of the leading causes of fatalities for children and teens in the city, parents need to worry about much more than just Miami traffic accidents. Miami children and minors are subject to many car-related injuries, although the good news is that many of these injuries are preventable:

1) Hyperthermia / Heatstroke. While children in Miami rarely need to worry about hyperthermia, heatstroke is a serious concern for children left in the unforgiving Miami heat in a car. Even leaving a child alone in a car for a few minutes can be dangerous, as on a hot day the temperature in a vehicle can quickly reach dangerous levels. The obvious solution is to never leave a child unattended in a car. However, with parents more busy than ever before, it is also important to routinely check the back seat of a car before walking away. Unfortunately, there have been a number of tragic cases where a parent has simply forgotten a child in the back seat of a car.

2) Backovers. Small children sometimes play in driveways or near cars, and smaller children may not be visible to drivers who are backing up. Each year, tragedy strikes when children in this situation are hit and killed or seriously injured. In many cases, it is a parent or family member who injures the child, further adding to the pain and suffering of the family. Today, there are devices which can be installed in most cars which show the driver exactly what is behind the vehicle so that these types of Miami pedestrian accidents do not take place. In many cases, these devices are less than two hundred dollars and can help save a life.

3) Power Windows. Children who play with power windows can easily get their hands or other body parts stuck in the window, causing broken bones and other injuries. Newer models of cars have child-safety locks and windows to keep children in the back seat safe.

4) Seat Belt Entanglement. In the event of a Miami truck accident or car accident, a seat belt can save your life – if you are an adult. Unfortunately, for children, seat belts can be very dangerous. They can wrap around a child’s body and cause injuries. They can also cut into a child’s neck and head, causing injuries. For these reasons, it is important to put children in age-appropriate child restraints.

5) Vehicle Rollaway. Rollaway usually occur when a child accidentally disengages a parking break, causing the car to roll. This is another important reason to never leave children unattended in a car. Keeping children in the backseat of the car can also ensure that they cannot touch anything on the dashboard that can affect the car itself.

6) Trunk Entrapment. Trunk entrapment occurs when children climb into a trunk – often while playing – and become stuck. If children are not found in time, they can suffocate or suffer hypothermia or heat stroke. Most newer cars have trunk release levers in the trunk. These can usually be installed on older models. To prevent truck entrapment, it is also important to lock the trunk of your vehicle when the vehicle is not in use.

Continue reading →

Have You Been in a Miami Car Collision? Here Is What You Need to Know

Published on: November 18, 2011 | By Flaxman Law Group

Miami car accidents occur in the city every day, and unfortunately some of these collisions have a long-term or even life-long impact on victims. In some cases, Miami traffic accidents can cause permanent injuries or severe financial distress for those who sustain serious burn injuries, brain injuries, and other serious injuries in the crash. According to experts, there are several things you can do after a Miami accident to protect yourself:

1) Do the right thing immediately after the accident. Stay at the scene of the accident, call for emergency help for anyone who needs it, and get the contact information for every driver involved and for any witnesses at the scene. If you have a phone camera, take photos of the scene and the damage as well. Call authorities if the accident is significant or if anyone is hurt.

2) Know that you have a choice about towing and mechanics. If police arrive at the scene, they may recommend a tow service if your car is too damaged to drive. To reduce costs, however, you do have the right to choose your own service. As well, while your insurance company may recommend a mechanic, you also have the right to take your car in to any qualified mechanic you wish.

3) Get medical care – just in case. If you have whiplash or any injuries that do not manifest themselves right away, it is best to start documenting and to start getting medical treatment right away.

4) Call a qualified Miami personal injury attorney first. This should be one of the first calls you make. Many victims call their insurance carrier first, but calling an attorney ensures that your attorney can start gathering evidence in your case right away. Calling a good attorney first also ensures that you have someone to work on your behalf, negotiating with your insurance carrier and reading over documents before you sign them. As well, keep in mind that there is a statute of limitations if you do decide to pursue a legal claim following a Miami drunk driving accident or car accident. The sooner you speak with an attorney, the sooner you can file your claim and the more chance your attorney has of gathering important information to support your case.

5) Keep as many records as possible. The more information you have on paper, the better. Taking photos of your injuries, keeping a journal of your injuries, and costs and keeping careful records of anything is invaluable in case you decide to file a claim. Even if you decide not to pursue legal action, proof of your injuries and your case may be required by your insurance company, so keep records – and don’t toss them out when you get better. You may need them years after the fact.

6) Assemble a team you trust and follow their directions to the letter. If you have been injured, find a terrific Miami car accident attorney and an excellent doctor. Follow their instructions carefully and follow up with these professionals regularly. Both these professionals can help you heal from your injuries and can help you face a brighter future – but only if you cooperate.

7) Be very, very honest. Exaggerating injuries or being dishonest about existing conditions can be very harmful. Due to the risk of insurance fraud, insurance carriers frequently hire private detectives to investigate claims. Since Florida and Miami lead the nation in fraudulent car insurance claims, claims from the state may be met with special scrutiny.

Continue reading →

The High Costs of Miami Automobile Accidents

Published on: November 3, 2011 | By Flaxman Law Group

According to an AAA review of 2009 traffic accident data, car accidents and other road accidents cost the US $299.5 billion in 2009. That represents a doubling of the cost of 2005 crashes. According to the AAA, Miami car accidents as well as accidents in Chicago, Los Angeles and New York reported the highest number of injuries. Miami can also be one of the most expensive places for car crashes. According to the AAA, the per-resident cost of car accidents in Miami-Fort Lauderdale is $2,016, which is higher than the costs in San Francisco and all other large cities. There are many things that contribute to the high costs of Miami automobile crashes:

1) More congestion. As a larger city, Miami sees quite a lot of foot traffic, bicycles, motorcycles, trucks, cars. With all of these travelers sharing the road, it is no surprise that Miami sees quite a few Miami pedestrian accidents, bicycle accidents, and other traffic accidents. Where there is congestion, tempers tend to flare, and a larger concentration of vehicles and travelers can increase the risk of Miami car accidents and other traffic accidents.

2) Higher living costs. The cost of living in Miami can be higher, which can mean that the impact of income loss after a Miami truck accident or car accident may be more keenly felt. Trying to get by on savings, personal loans, or credit cards after a Miami traffic accident can be much harder, simply because there are higher costs to contend with.

3) Higher numbers of car accidents. Miami sees more traffic crashes than a smaller city, and the larger number of accidents increases the risk and also the insurance costs for everyone.

4) High speed areas. Miami has many overpasses, freeways, and high-speed roads in order to facilitate traffic movement. Unfortunately, high-speed areas can also mean more high-speed accidents, which tend to be accidents leading to fatalities and more serious injuries.

5) Insurance fraud. Unfortunately, Miami has the dubious distinction of being home to large numbers of insurance fraudsters. In fact, Florida leads the nation for insurance fraud. Insurance fraud delays insurance payout claims for even legitimate cases, as all claims coming from Florida are treated with a degree of suspicion. As well, insurance fraud increases the cost of insurance and car accidents for all Florida motorists.

6) A high number of fatal car accidents. According to the AAA, an average fatal car accident costs $6 million. The AAA considers the costs of accidents by tabulating property damage, lost income, medical expenses, reduced daily or household activities, costs of emergency services, traffic delays, rehabilitation, lost work productivity, legal and administrative expenses, lost quality of life, and pain.

According to the AAA, reducing the cost of accidents begins with reducing the number of accidents. The AAA suggests adding modern roundabouts and placing barriers on two-way roads to prevent accidents. In addition, the AAA promotes the use of rumble strips to reduce the toll of traffic accidents.

Continue reading →

Property Loss in Miami Car Accidents

Published on: November 1, 2011 | By Flaxman Law Group

If you have been in a Miami pedestrian accident or car accident, you may consider yourself lucky if you have sustained no serious injuries. After all, Miami car accidents and traffic accidents are among the leading causes of injuries in the city. However, while injuries are catastrophic and can lead to months or even years of anguish and medical bills, property loss in Miami car accidents is also a serious problem. Even if you walk away from a car accident without a scratch and are incredibly lucky to suffer no injuries, the property loss involved in a Miami car accident can still lead to considerable costs:

1) The repair costs of your car. If your car can be repaired, the costs of repairs can easily add up to hundreds or thousands of dollars. You need to ensure that your insurance carrier covers all the costs of repairs, including the costs of follow-ups with your mechanic.

2) The financial impact of losing your car. In addition to losing your car or having your car totaled, not having a car can be expensive. For example, you may need to pay for a rental car or for taxis in order to get around while your car is being replaced or repaired. This can add up substantially, especially if you have a long commute to work every day.

3) Replacement costs. If your car is beyond repair, the costs of replacing a car can be substantial. Simply replacing the current value of your car is not enough, as the current value of your car will not likely get you a similar vehicle.

4) The impact of loan payments. Even while you do not have use of your car, you may need to continue to make loan payments if you have financing on your vehicle. If you have a leased vehicle, the accident may affect your ability to turn in your vehicle at the end of your lease period. Your costs, furthermore, will remain the same even if the value of your vehicle plummets because of the accident. Even if your car is worth substantially less because of the accident or even if your car is totaled, you will still owe loan or lease payments, which you will need to continue to make. It is important to ensure that insurance covers these costs, or these costs will be coming out of your own pocket.

5) Diminished value for your car. Even if you are in a minor accident and are able to repair your car, you need to be aware that your car will be worth less. If you decide to sell your car at some point, the fact that it has been in a car accident will reduce the value you can expect to recoup. Insurance carriers will not usually pay for diminished value, but this can cost you hundreds or even thousands of dollars in lost money if you need to sell your car. A qualified Miami personal injury attorney can work to ensure that these types of costs are at least partly covered with a fair settlement offer.

6) Insurance costs. Once you have been in a Miami traffic accident, you can expect your insurance premiums to increase – increases that may last for years or a lifetime.

Continue reading →

Why You Need to be Prepared for a Miami Car Accident

Published on: October 27, 2011 | By Flaxman Law Group

For many motorists in Miami, car accidents are just not a daily consideration. Many motorists assume that as long as they drive safely, their risk of being in a car accident is quite low. Unfortunately, each day, Miami truck accidents and car accidents occur to even good drivers. Statistics show that the longer a motorist is on the road, the greater their chances of being in a car accident. Since Miami is a large city with a large volume of traffic, unfortunately, the risk of Miami car accidents and traffic accidents is that much larger.

One problem is that many motorists drive far less safely than they believe. Driving while under the influence or driving while distracted can lead to a car accident – no matter how strong a driver you think you are. It is important for motorists in all cities, especially large cities like Miami, to ensure that they are driving as safely as possible. This means shutting off all mobile devices before getting behind the wheel. It can also mean occasionally taking refresher courses or getting driving skills reevaluated as necessary to ensure that you are still doing everything you can behind the wheel in order to stay safe.

Unfortunately, even being an extremely safe driver does not guarantee that you will never be in a Miami car accident. Even if you drive safely, other motorists may take risks that result in a car accident. Even if you do not drink, for example, other motorists may make poor decisions that lead to Miami drunk driving accidents that affect your vehicle as well. Learning to drive defensively is one way to ensure that you can respond quickly to avoid a collision. However, even defensive driving and excellent driving skills will not prevent all accidents.

In addition, Miami has the unfortunate distinction of being one of the cities with the highest rate of staged car accidents. Insurance fraud is unfortunately on the rise in Miami, and this means that criminals choose to get innocent motorists involved in car accidents by rear ending them, by breaking suddenly, and by engaging in other reckless behavior in order to make false insurance claims. Unfortunately, if you’re targeted by an insurance fraudster, you could still sustain a serious car accident and serious injuries.

For all these reasons, it is important for all Miami motorists to be prepared for car accidents at all times. This means that you should have adequate insurance coverage, and you should have an emergency kit in your car. Your emergency kit should contain a disposable camera for taking photos of the scene, a pen and paper for taking down insurance information and contact information from the other driver, and a first aid kit that allows you to treat any minor wounds on site. Reviewing what you need to do if you are in a Miami car accident is also a smart move, and ensures that you are ready if the worst happens.

Continue reading →