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

Is Poor Adherence to Safety Guidelines Causing Children to Be Injured in Miami Gardens Car Accidents?

Published on: August 9, 2012 | By Flaxman Law Group

Across the country, each year over 140 000 children are admitted to emergency rooms due to injuries caused by car accidents. Car accidents remain the leading cause of death for children older than three years of age. Despite these statistics, many pediatricians and childcare experts note that the majority of parents are not correctly securing their children into car safety restraints.

According to experts, a big part of the problem is that the safety guidelines when it comes to children and cars is confusing – and changes often. The safety seats of just a few years ago have been replaced with new guidelines and new devices. Worse, the laws concerning child safety restraints vary by state. Pediatricians and experts recommend that parents follow the guidelines available through the American Academy of Pediatrics (AAP). The AAP guidelines are clear and tend to be conservative, which adds some extra precaution. AAP guidelines suggest:

1) Children under two years of age should be placed in a rear-racing car seat. This protects a young child most in the event of a Miami Gardens car accident.

2) Children over the age of two should be placed in a front-facing car seat until they reach the weight limit for the seat.

3) Children should use booster seats until they can sit at 57 inches tall (usually this is by about age 11). This is because the rear seat belts are more likely to cut into a child’s neck, face, and chest area in the event of a Miami Gardens truck accident or car accident, possibly causing serious injury. Seat belts are designed for adults, and a booster seat ensures that a child has the height needed to stay safe in an accident.

4) Children should not sit in the front seat until they reach the age of 13 years of age. The rear seat is the safest place for a child in the event of a Miami Gardens traffic accident. In the event of an accident, the child is more likely to hit the soft front seat rather than crash into a dashboard. Since children may not be as tall, air bags in the front seat can also pose a hazard, potentially causing Miami Gardens head injuries in the event of a car collision. Keeping a child in the back seat helps prevent this. In the event of a head-on crash, children will also be more protected in the back.

According to a survey completed by Dr. Michelle Macy of the C.S. Mott Children’s Hospital at the University of Michigan, only about 3% of children between the ages of 1-3 were correctly seated in rear-facing car seats. In the survey of 22 000 children between 2007 and 2009, Dr. Macy also found that only 10% of children between the ages of 8 and 10 were using booster seats.

According to Macy, in addition to following AAP guidelines, it is important to select a car seat with the highest weight capacities possible. This makes the car seat safer for the child and allows a parent to use the car seat for longer, which is financially better for the family as well.

Continue reading →

PIP Changes Mean Different Options for Those Injured in a Miami Car Accident This Month

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

As of July 1, Florida has introduced changes to its PIP coverage, so anyone who is involved in a Miami car accident from this month forward can expect some changes. PIP (Personal Injury Protection) coverage, also commonly called “no-fault” coverage, ensures that if someone is injured in a Miami traffic accident or Florida traffic accident they have medical care paid for promptly, regardless of who caused the car collision.

While the system is intended to ensure that everyone has money for needed medical care without a complex claims process, there have been criticisms of the system. Florida has come under fire for having one of the highest instances of insurance fraud in the country, and many claim that this is because the PIP coverage system is easy to abuse. In recent years, many fraudsters have been accused of staging Miami truck accidents and car accidents and even working with clinics to get the maximum $10 000 payout for even minor or fake injuries. The insurance has also become very expensive.

As a result of the criticisms, Florida legislators have made some changes. Starting July 1, those injured in a serious car accident will only be able to claim the maximum $10 000 PIP amount if they have an “emergency medical condition.” Less serious injuries will have a maximum coverage of $2500. In addition, only dentists, medical doctors, and osteopaths will be able to declare an injury an “emergency medical condition.” Chiropractors will not be permitted to make the decision.

As a result of the new rules, car accident victims in the state will need to seek medical treatment within 14 days of their initial injury and accident. If they fail to do so, they will not qualify for PIP benefits at all. In addition, the new changes will mean that treatments such as massage and acupuncture will not be covered by PIP.

Experts have criticized the new rules, saying that it may be harder for some Miami motorcycle accident and car accident victims to get treatment for their injuries. For example, some victims may not notice symptoms until after the initial 14 days have passed. In addition, soft tissue injuries – which can be painful and expensive to treat – do not qualify as emergency medical conditions. Even some doctors have questioned the new rules, pointing out that the $2500 cap for non-emergency conditions is troubling since some tests – including MRIs – can cost more than $1000 alone.

It can be challenging to recover after a Miami car accident – and even more so if your insurance does not cover the full cost of your injuries. The new rules are confusing for many accident victims and may not allow for enough compensation to pay for medical care. It is more important than ever before to be aware of all your options before you make any decisions in your case. If you are seriously injured in a Miami traffic accident, contact a Miami personal injury attorney to at least review your options and your possible costs.

Continue reading →

How Will New Insurance Reforms Affect Miami Car Accident Lawsuits?

Published on: April 17, 2012 | By Flaxman Law Group

A number of new reforms have been made recently to Florida car insurance laws. Some of those changes will affect Personal Insurance Protection (PIP), changing which medical professionals can offer medical care and diagnosis for car accident victims and potentially changing how much PIP money car accident victims can receive. The changes have been made to reduce insurance fraud in the state, which is currently very high.

Another important change to Florida’s insurance laws has to do with the lawsuits filed after a Miami car accident or any Florida car accident. In many cases, these lawsuits are filed because medical practitioners and insurance carriers cannot agree on the amount of money doctors are owed for a patient’s care.

The changes to the law consider the Medicare fee schedule when outlining how some medical costs should be tabulated. In addition, the new law allows insurance carriers investigate possible insurance fraud to examine victims under oath. The changes also no longer allows judges to dramatically raise the fees awarded to attorneys representing plaintiffs.

Legislators claim that the changes address some of the disagreements which cause lawsuits and claim that the changes could prevent lawsuits. However, other experts claim that the changes will only create new issues of disagreement and may actually lead to more legal action. The Florida Justice Association predicts that the changes to PIP will actually increase the number of lawsuits after car accidents. The agency notes that the new “emergency medical condition” definition is especially likely to cause disputes. That change allows only certain medical practitioners to determine whether a traffic accident victim’s injuries are an “emergency medical condition” or not. Those patients with an “emergency medical condition” will qualify for the full $10 000 in medical benefits while others will get only $2500 in PIP benefits. According to the Florida Justice Association and some Miami personal injury attorneys, the disparity between benefits as well as the new definition will likely lead to legal disagreements in cases where a victim may have been misdiagnosed. Currently, there is no list of injuries deemed emergency medical conditions, and it is likely that Florida judges will eventually determine this over the course of many cases.

Legislators claim that they need to reduce the number of lawsuits related to PIP because these legal actions increased insurance costs and also slow down the claims process. Lawmakers also hope that the changes will reduce insurance fraud in the state.

The new laws will mean that victims who are injured in Miami car accidents may get less in PIP benefits than they might have received a few years ago. This may make contacting a personal injury attorney after a Miami traffic accident more important than ever before. Car accident victims who have sustained an injury due to someone’s recklessness or negligence will still be able to pursue legal action, and this action may be more important than ever before to ensure that victims are compensated for medical costs, lost income, and other expenses related to their injuries.

Continue reading →

What New Insurance Rules Mean for Future Miami Car Collisions

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

According to Governor Rick Scott and legislators, reducing the amount of car insurance fraud in the state is a top policy for this year. Florida is the nation’s leader when it comes to many insurance scams, and a recent report suggests that a few food truck vendors have been taking part in the scam. Earlier in April, the Division of Insurance Fraud reported that 15 vendors have been using food trucks to stage fake car accidents in order to collect insurance money.

As a result of the insurance fraud problem, new rules have been instituted in Florida to make insurance rates more affordable while also reducing lawsuits and changing how insurance works in the state. So far, experts are divided about whether the insurance changes will help or hurt victims in Miami car accidents.

Many of the changes will be implemented this summer, but it may take until 2013 for the full impact to be seen. The new law, HB 119, will require insurance carriers to slash car insurance personal injury premiums by at least 10% by later this year and by 25% by the year 2014. However, insurance carriers will be able to request exemption from the cuts in some cases. In addition, the law will not allow acupuncturists and massage therapists to treat patients through personal injury protection (PIP). In addition to these changes, a new anti-fraud task force will be put into effect this summer and medical clinics treating car accident patients will face stricter licensing mandates. Long-form accident reports will be used more often and penalties for insurance fraud will be tougher as well.

Starting in 2013, those injured in Miami traffic accidents – or in any Florida car accident – will have 14 days to get initial medical treatment. If those people are found to have an “emergency medical condition” by a dentist, medical doctor, osteopathic physician, advanced registered nurse practitioner, or doctor assistant, they will be eligible for the full $10,000 PIP offers. Those who are not diagnosed with emergency medical conditions will be eligible for only $2,500 under the new PIP rules. Unfortunately, this means that those who suffer soft-tissue injuries will only be able to claim this amount, even though soft-tissue injuries can be long-term and can cause severe pain as well as considerable missed work.
Some medical experts are worried about the new rules, noting that medical professionals will be expected to perform needed medical treatment for $2500 or less. With current medical costs, where an MRI alone costs up to $1400, this can be a problem. Some medical experts are also concerned about the new limit on how quickly car accident victims can seek help, noting that serious symptoms may not develop until after the initial 14 week window. Legislators point out that PIP is only intended to cover initial, emergency care. They note that accident victims will still be able to turn to other insurance, such as at-fault insurance, for coverage.

Currently, it is not known exactly how the new changes will actually impact Miami truck accident and traffic accident victims. Even Miami personal injury attorneys do not necessarily agree about the full implications of the changes. While some legislators are hopeful that the PIP reforms will reduce insurance fraud, some experts worry whether the changes will make it even harder for victims to get the support they need, especially as medical costs increase.

Continue reading →

Would Florida Booster Laws Help Prevent Injuries in Aventura Car Accidents?

Published on: January 26, 2012 | By Flaxman Law Group

Currently, Florida is one of only three states with no booster seat laws. Most other states have legislation in place making it mandatory for parents to place children over the age of four in booster seats. California has one of the toughest laws, requiring children over the age of four to use booster seats until they are 4 feet 9 inches high or until they are eight years old (whichever comes first). The car club AAA and legislators have been pressuring Florida to pass a booster seat law, arguing that such legislation would help prevent injuries to children involved in car accidents.
The idea behind age-appropriate safety restraints is based on the premise that car safety systems – including car seat belts and air bags – are designed for adults. In fact, these same safety systems, which can help prevent an Aventura brain injury for an adult victim of a car accident, can be life-threatening to children. Since children are smaller, air bags that deflate in an accident can easily suffocate them or cause head injuries. In an Aventura car accident, seat belts can cut into a child’s neck and cause serious injuries. That is why age-appropriate safety restraints are needed.

However, the laws surrounding child safety restraints can be confusing. Small babies are placed in rear-facing infant car seat. Eventually, a child is graduated to a harnessed rear-facing seat and then to a forward-facing seat. However, when children should move from one restraint system to another is not entirely clear. Car seats are based on height, weight, and the age of a child. Since children grow at very varied rates, a child may exceed the weight measurements for a safety seat but still meet the age and height requirements for a different seat. This can be quite confusing to parents trying to make the safest choice for their children.

Most experts agree that children at some point should be placed in a booster seat. This is a cushion that elevates the child so that airbags and seatbelts cannot harm the child in the event of an accident. Some booster seats also come with backrests and armrests. All models are strapped into the car with the car’s seat belt. However, there is a wide range of disagreement about how long a child should be placed in a booster seat. Georgia has a law requiring all children between the ages of four and eight to be placed in a booster seat while in a car. Some experts, however, argue that children do not fit correctly and safely into an adult seat belt until they are ten or even twelve years old.

An adult seat belt that fits correctly goes across the thighs. If a seatbelt cuts across the stomach, as it does on many children, and the car is involved in an Aventura car accident, the belt can cause internal injuries. The upper part of the seat belt should be positioned across cross the center of the wearer’s chest. For smaller adults and children, the seat belt cuts across the neck, potentially causing life-threatening injuries if the car is in an Aventura traffic accident. A booster seat raises a child so that the seat belt is positioned safely. Models with head rests and back rests also cushion the head and protect it in an accident. According to SafetyBeltSafe USA, correct booster seat use for a child who does not fit correctly into a seat with a seatbelt can help reduce childhood Aventura personal injuries by as much as 45 percent in the event of an accident.

Continue reading →

Would New Law Reduce the Number of Medley Car Accidents or Merely Increase Costs?

Published on: January 24, 2012 | By Flaxman Law Group

Governor Rick Scott and other legislators are currently supporting HB 119, a proposed law which would require anyone injured in a Florida car accident to seek an evaluation at a hospital or clinic. The proposed law is aimed to help reduce the instances of insurance fraud, which according to the Insurance Institute total $1 billion annually. Florida has been noted to be one of the leading locations in the country for insurance fraud, with more instances of car insurance fraud occurring here than anywhere else.

The new proposed law would take aim at insurance fraudsters in a number of ways. The law would limit the choices those injured in car accidents would have about where to seek medical treatment. This is significant because in Florida instances of insurance fraud have been found to involve large networks of unscrupulous doctors and other professionals. Fraudsters work with clinics and medical professionals who overcharge for routine exams and charge for medical exams and treatments not given. Advocates of HB 119 claim the new law would eliminate these medical fraudsters by forcing victims to go to legitimate clinics and hospitals, making it harder for overcharging to work.

There is no doubt that car insurance fraud is a serious problem. In addition to the high cost of fraud – which is passed down to all drivers in the form of increased insurance premiums – insurance fraud in Florida can be a threat to public safety, as well. In some cases, fraudsters cause a minor accident, such as a rear-end collision – in order to claim an injury. Unfortunately, this is a dangerous game, and bystanders could be seriously injured in Medley car accidents or Medley pedestrian accidents caused by a fraudster looking to cause an accident in order to make a fraudulent claim.

In addition, the instances of insurance fraud in the state are negatively affecting those who are legitimately injured in Florida traffic accidents. Some residents of Medley, for example, find that their claims are treated with some suspicion and it can take some time for legitimate claimants to get their claim amounts, even if they are genuinely injured. Some victims have worked with Medley personal injury attorneys to negotiate with insurance carriers in order to ensure a fair, on-time claim recovery.

Opponents of the law, however, claim that the new law might not be the best solution. They point out that not every car accident victim with a minor injury can afford a visit to a hospital emergency room or a clinic, and this will especially be a cost concern for those without insurance. They also note that those who really want to defraud the system will still find ways to do so. Further, opponents of the bill have expressed concerns that having car accident victims with minor injuries report to hospital emergency rooms could potentially clog up emergency departments and make it harder for those who are seriously ill to get medical care.

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 →

Uninsured and Underinsured Drivers Can be a Risk in a Florida Car Accident

Published on: August 9, 2011 | By Flaxman Law Group

According to the Insurance Research Council, one in four Florida drivers is on the road with no car insurance. Across the US, one in six drivers do not have insurance, making Florida one of the top five states in the nation when it comes to uninsured drivers. Only New Mexico, Oklahoma, Mississippi, and Alabama have a higher percentage. In addition to these numbers, many more drivers on Florida’s roads are underinsured.

Underinsured and uninsured drivers pose a huge risk for all drivers. Florida mandates that all drivers carry a minimum amount of insurance, which covers medical injuries and other injuries to the driver and passenger as well as coverage for property damage to another car. Drivers are free to buy additional insurance as well. Florida law does not require drivers to buy coverage for any medical costs to passengers of the other vehicle involved in a car accident. Drivers who do not have this type of coverage are considered underinsured, since if they are in an accident, their insurance will not pay for the medical costs and injuries they cause another person.

If you are in a Florida car accident caused by an underinsured or uninsured driver, you may have considerable challenges in recovering the costs of injuries, medical expenses, property damage, and other injuries sustained in the car crash.

Florida is a “no-fault” state, meaning that victims who sustain an accident in a car accident can get compensation for medical costs and lost wages in the event of a car accident. The payout is usually quick, since insurance companies do not consider liability when assigning claim amounts. As well, payout comes from the driver’s own insurance company, not from the company of the other driver. Therefore, even if the other driver is uninsured, the victim can still get some compensation. However, only small claims of under $10 000 qualify, in most cases, for no-fault benefits.

Serious accidents usually involve lawsuits and legal claims, since no fault benefits do not cover the substantial medical costs and lost income involved. In these cases, the victim will sue the at-fault driver for damages. If the at-fault driver has good insurance coverage and personal assets, the injured driver can get compensation through these means. If the at-fault driver is uninsured or underinsured, the injured driver may need to seek recovery from their own insurance company.

If you drive in Florida, you may wish to speak with your insurance provider about additional coverage that will protect you in the event of a car collision with an underinsured or uninsured driver. While many drivers are upset that they need to pay extra for someone who negligently does not obey the law in getting car insurance, the fact is that many drivers in Florida do not have adequate insurance to protect you and your family in an accident. If you are in an accident with this type of driver, having your own coverage can help pay for medical care and lost income for you and your family.

The claims process in a Florida truck accident or car accident involving an uninsured driver can be very complicated. In some cases, drivers with no insurance will leave the scene of an accident because they do not want to admit that they have broken the law and not taken out car insurance. For these reasons, it is important to secure a Florida car accident attorney immediately after your accident if you believe that the other driver is uninsured or underinsured.

Continue reading →

Florida Car Accidents Involving Golf Carts

Published on: June 28, 2011 | By Flaxman Law Group

According to the National Golf Cart Association, golf carts are becoming a very popular mode of transportation – and not just on the course. Many people are in fact using the golf carts on public roads, in order to run errands or just to get around. Thanks to increasing gas prices and an increasing number of retirees, there is a huge growth in golf cart use, especially in residential areas. In fact, in some Florida residential communities, golf carts are a more popular form of transportation than cars.

Unfortunately, there is also growing concern about the number of car accidents involving golf carts. According to a research study completed at the University of Alabama at Birmingham, between 2002 and 2005, there were 48,000 golf cart-related injuries reported across the US. Men between the ages of 10 and 19, as well as people over the age of 80, were most likely to be in these types of accidents. According to police authorities, the National Golf Cart Association, and other experts have several suggestions for preventing these types of injuries:

1) Create new rules and safety instructions. According to the University of Alabama at Birmingham study, safety instructions are not adequately provided by golf cart retailers and manufacturers. Researchers felt that such instructions as well as safety standards for golf cart users would help to prevent accidents.

2) Create educational awareness programs for drivers and golf cart users alike. According to authorities, many golf cart users treat golf carts just like cars, and this can be dangerous. According to experts, golf carts should not be used of higher-traffic or higher-speed roads and even a turn at 11 mph can cause a golf cart user to be ejected from the cart. Drivers must also be taught to share the road with golf cart users and to be aware that such vehicles may be sharing some roads.

3) Enforce traffic rules and keep statistics. Many municipalities do not keep records of golf cart accidents, the way they do for Florida truck accidents and car accidents. More careful record keeping and stricter enforcement of rules for both golf cart users and drivers can help prevent many accidents.

Continue reading →

Two Bills in Florida Could Affect Car Accident and Florida Products Liability Cases

Published on: April 12, 2011 | By Flaxman Law Group

Two bills have been introduced in the Florida Legislature which would allow drivers and product manufacturers to share liability in products liability cases. These bills would let juries hear evidence about any role the driver played in causing a Florida car accident, even if the accident was partly caused by a defective automotive product.

Currently, Florida laws place the liability of defective products with manufacturers. Therefore, if under current laws a driver is in a car accident in a car with a defective part, only the manufacturer is held liable – not the driver. This is seen as the risk of doing business in the industry.

The two laws, including Senate Bill 142, have already been approved by Senate. Senate Bill 142 would make changes to Florida Statutes § 768.81. If passed, the bill would require juries in automotive products liability cases to consider the potential liability and fault of all parties – including the driver – before determining the distribution of damages.

Bill HB201 has already been given approval by the Florida House Civil Justice Subcommittee. This bill will allow evidence of fault to be presented in all automotive products liability cases in Florida where no defective product can be defined. This bill will allow liability to be allotted to all parties found to be partly responsible to the accident.

The bills have caused some debate. Some feel that the bills are fair because they take into consideration driver negligence rather than assigning all fault to manufacturers. However, some attorneys have expressed concerns that if passed the new legislation will deflect attention from poorly made or defective automotive parts by blaming drivers.

Continue reading →