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  • Why it’s not safe to text at red lights

    At this point, most drivers understand how dangerous texting while driving can be. However, they know that they’re not going to stay off of the phone entirely. Instead, many drivers will wait until they hit a red light to use their phones. Checking social media notifications or text messages at a stop light may seem harmless, but is it? No, not really.

    Your brain can stay distracted longer than you probably realize

    Because of technology, it’s become harder for people to put down their phones. Many apps and pieces of information created for smartphones are intended to be habit-forming, encouraging users to check them frequently.

    As a result, drivers may find it more difficult to resist replying to a text message or updating their social media while waiting at a stop light. It may even feel safe to do because the car isn’t moving.

    However, texting while at a red light is dangerous, and it is advisable for drivers to avoid doing so. It may be hard to tell, but the brain can remain distracted for the next 27 seconds, on average, after completing a distracting task like using a phone.

    Yes, putting the phone down may reduce both the physical and visual distractions that come with looking at a screen, but the brain does not just return to driving mode after. The cognitive distraction can last for around half a minute.

    This means that drivers could make serious mistakes and cause crashes even after putting away their phones because their brains are still focused on the digital interactions they’ve just had instead of on driving safely.

    What you can do

    The problem of distracted driving persists, but it becomes harder to address when some drivers don’t realize that what they’re doing is just as problematic. Texting at a red light is not worth the risk of crashing into another driver. To avoid distraction, drivers can wait to use their phones until they get to their destination.

  • Who pays for the damages I suffered in a car accident?

    Florida laws require drivers to have $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). It should allow drivers quicker access to compensation when they suffer injuries in a car accident. Your insurance provider should compensate you for medical costs, regardless of who is at fault. They will also pay a percentage of the income you lost while recovering from the car accident. You must file the claim within two weeks of the car accident.

    The problem is that car accidents can cause serious damage to the victim and vehicle. Your coverage may not be enough. If another driver is liable for the accident, you should look to them and their insurance provider for compensation.

    Insurance companies can undervalue your personal injury claim

    Insurance companies also provide liability insurance coverage to individuals. If the insured individual was negligent or acted wrongfully and it caused another harm, their insurance company should compensate the victim. However, insurance companies lose money when they pay a victim’s personal injury claims. You might have to fight for damages, even when the policyholder is so obviously at fault.

    An insurance company can hire an insurance adjuster to look for ways to devalue or deny your claims. Here are the different tactics an insurance company can use to reduce the amount they must pay in a settlement:

    • The insurance company will pressure you to accept a quick and early settlement offer
    • The insurance company can use Florida’s pure comparative negligence laws against you and shift the blame
    • The insurance company can claim your injuries were not caused by the accident
    • The insurance company can find ways and use a medical lien to lower your medical costs on paper
    • The insurance company can also delay claims and use the statute of limitations laws in their favor
    • The insurance company can also downplay your injuries

    Remember, if you are the claimant, the insurance company is not your friend. You should not sign or agree to anything without fully understanding the legal repercussions.

    Never settle for less

    It might be enticing to settle on the initial offer immediately, but your claims may be worth much more. These companies have the means to fully compensate you according to the coverage of the policyholder. Besides, if the negligent driver does not have the insurance coverage applicable to your case, you can also pursue a personal injury lawsuit against them. The best-case scenario is that their insurance provider will pay the maximum coverage, and the driver will cover the rest of the damages you suffered.

  • Many traffic fatalities are speed-related, safety officials warn

    Haste makes waste, a popular saying goes. That saying rings true in new data published by the National Highway Traffic Safety Administration (NHTSA). The agency found that speeding-related fatalities have reached a 14-year high in 2021.

    According to the NHTSA, motor vehicle speeding accounted for almost a third of all traffic-related fatalities in 2021. About 12,330 people died in speed-related crashes in 2021, accounting for 29% of all traffic fatalities that year.

    NHTSA published the data as part of its new speeding prevention campaign, which will run from July 10 to 31.

    Why are speeding accidents so fatal?

    Speed is one of the most significant factors in any collision. High speed increases the braking distance of motor vehicles and reduces the ability of road safety structures, such as concrete barriers and guard rails, to stop a runaway automobile. Speed also increases the impact and damage caused by a vehicle collision, significantly raising the chances of injury or death. And moving too quickly reduces the time a driver needs to react to a collision risk.

    Many drivers caught speeding were also found to be intoxicated at the time of the accident. NHTSA data found that 43% of speeding drivers in the 25 to 34 age range were alcohol-impaired – the largest of the age groups surveyed.

    Speeding accidents aren’t just fatal but very expensive too. In a previous report, the NHTSA said that speed-related crashes led to $46 billion in economic costs in 2019. These expenses include medical, legal, emergency services, property damage and insurance administration costs, as well as work and productivity losses.

    If a loved one died in a fatal automobile accident caused by speeding, you could hold the other driver responsible for the wrongful death through a lawsuit. The damages claimed from a lawsuit may not be able to bring back the deceased, but it can help deal with the economic burdens the surviving family may face. But wrongful death lawsuits can be tricky to navigate. A legal adviser may be able to guide you through the lawsuit process, explain how state laws affect your case and represent you in court.

  • Wrongful death damages: how do courts distribute proceeds?

    Wrongful death cases can be lengthy and exhausting, especially for the victim’s surviving family, who are simultaneously mourning their loved one’s death. So, when the case ends and the court awards the rightful damages, it can bring a sense of relief to the family.

    But the process does not end there. Interested parties still have to go through the distribution process. Florida sets the rules for the awarding of wrongful death damages.

    Directly to the survivors

    Usually, the court distributes wrongful death proceeds directly to the decedent’s surviving spouse and children. The survivors have the right to receive the following damages:

    • Loss of support and services from the date of death, present and future
    • Loss of spousal companionship and protection
    • Loss of parental companionship and guidance
    • Pain and suffering

    A survivor who covered the decedent’s medical and funeral expenses can also recover the amount paid. Note that the distribution is subject to the court’s consideration of evidence of remarriage of the decedent’s spouse.

    The estate can receive damages too

    While some states only allow the award of wrongful death damages to the surviving family, Florida laws allow the decedent’s personal representative to recover damages for the owner’s estate. Damages that the estate may recover include the following:

    • Loss of earnings of the deceased, after subtracting loss of support from the amount
    • Loss or prospective estate net accumulations
    • Funeral expenses if the estate paid for the same

    If both the estate and a survivor spent money to pay for the funeral expenses, the court shall pay the survivor first.

    While the law is straightforward regarding who receives the proceeds of the wrongful death claim and which damages go to whom, it can still be confusing. Consulting with a legal professional can help you ensure you will receive the damages you are entitled to.

  • Internal organ injuries: Common types caused by car accidents

    What is not visible to the naked eye is more difficult to detect and treat. Internal organ injuries are some of the most dangerous injuries anyone can incur after a tragic car accident. It’s even more concerning to think that they won’t be easily noticeable and only be discoverable hours or days later.

    The Florida Highway Safety and Motor Vehicles department revealed 401,533 car collisions in 2021, out of which were 3,445 deaths and almost 164,000 injuries.

    Unfortunately, when your body forcefully hits even safety devices, like seat belts and air bags, you may also be at risk of internal organ injuries. 

    Suffering from the inside

    A traumatic brain injury (TBI) – A result of a violent blow, jolt or bump to the head disrupting the brain’s functions – is one of the most common internal organ injuries. As shown by the Centers for Disease Control and Prevention, approximately 190 Americans died daily from a TBI injury in 2021.

    Aside from a traumatic brain injury, other internal organ injuries caused by a car accident include:

    • Collapsed or punctured lungs: Due to fractured ribs
    • Ruptured spleen: Due to a forceful blow to the stomach
    • Internal bleeding: Due to severely traumatized blood vessels, arteries or veins
    • Lacerated liver and damaged kidney: Both due to blunt or penetrating trauma

    It is urgent to seek immediate medical attention. You wouldn’t want to learn that your symptoms – bruising, shortness of breath or accelerated breathing, blood in your stool or urine, abdominal swelling and pain in your chest – have escalated to the point of irreversible damage. Also, you must have medical treatment within 14 days of your car accident to claim your “personal injury protection” (PIP) insurance coverage benefits.

    As a no-fault car insurance state, Florida law imposes that your PIP policy must pay for your medical needs. This provision applies regardless of who is at fault. So, you may claim 80% of medical expenses, 60% of lost income and death benefits worth $5,000.

    Lifelong healing process

    More than the physical pain you must endure, you must also deal with deep emotional and mental distress caused by the accident. It helps to have a legal team who will walk you through seeking compensation for your overwhelming long-term care bills. It will be a long process toward recovery, and it starts with taking comfort that you’re not facing this alone.

  • Seeking medical attention can help you recover damages

    It is easy to minimize your injuries after a vehicle crash, what with all the other concerns you have to deal with simultaneously. But apart from your car, you should also have yourself checked. Even if you feel fine, seeking medical assistance right after an accident offers benefits beyond ensuring you are well.

    Delayed symptoms are common after a car crash

    Many vehicle accident victims only start to experience delayed symptoms after days or weeks have passed. They may have also aggravated their injuries by failing to seek medical attention earlier.

    Treating injuries way after an accident happens is not only expensive but can also be frustrating, knowing that it was not your fault. However, because you took too long to go to a doctor, it is possible that you will not be able to hold the driver who caused your injuries liable.

    Visits to the doctor serve as proof of injury

    The sooner you go to the doctor after an accident, the easier it will be to demonstrate that the accident was the cause of injury. The at-fault motorist’s insurance provider will make every effort to avoid paying you or to pay you less than you are entitled to. If you wait too long before obtaining medical treatment, they may blame your injuries on anything else other than their client.

    Similarly, if you wish to take legal action to recover the cost of your damages and medical expenses, putting off treatment will make it very difficult to establish that the other motorist was to blame. The court may determine that your injuries are not as severe as you claim since you did not feel the need to seek medical assistance right away.

    After an accident, some people avoid medical attention because they either downplay their injuries or are afraid of being told the truth about the severity of their injuries. However, doing so has no benefit. Instead, you would be endangering your health and losing any claim you have to sue. Knowing about your injuries sooner is preferable to paying much more expensive bills later on because they have gotten worse.

  • Suing for wrongful death after a motorcycle accident

    Losing someone you care about due to the carelessness or bad choices of another is incredibly heartbreaking. You most likely want that individual to take responsibility for their actions. You may be able to sue them for wrongful death, but you must prove their negligence, which is usually a challenge.

    Who can file?

    In Florida, only the personal representative is eligible to file a wrongful death lawsuit on behalf of the deceased’s surviving family members. If the deceased person has a will, the personal representative they appointed before their passing may file a claim. In the absence of a will or a designated representative, the court will appoint someone for them.

    Even if the individual filing the claim is the personal representative, the damages of a wrongful death claim are paid to the victim’s estate and beneficiaries. The victim’s beneficiaries may include their spouse, minor children, living parents and dependent relatives.

    What qualifies as a wrongful death claim?

    While the loss of a loved one may always feel wrong, there are some legal conditions that must be met to claim wrongful death:

    • A family member died because of someone else’s negligence or intentional misconduct
    • The deceased person’s wrongful death resulted in financial loss for their surviving family members

    To be negligent is to fail to take the usual safety measures or exercise the level of care that a reasonable person under similar circumstances would take. Drunk driving, distracted driving, speeding or beating a red light are just examples of negligent behavior on the road.

    However, in some cases, the person liable for the accident is not another motorist but the entity responsible for maintaining the road or the manufacturer of the vehicle. This may apply if there were a lack of road signage or defects in the vehicle. An attorney can help you figure out who is at fault and evaluate the strength of your case.

    It is completely understandable to find the legal process overwhelming, especially when you are still coping with the loss of your loved one. You may even think that filing a wrongful death claim is not worth pursuing. However, if your loved one’s death was the product of someone else’s wrongdoing, filing a case may help you and your family get compensation for your financial losses and bring justice to your loved one.

  • Traffic safety agency underestimates the life-saving potential of side underride guards for trucks

    Underride crashes are some of the most terrifying types of automobile collisions. They happen when a passenger vehicle (often a car with a lower ride height) collides with a truck or its trailer, resulting in the vehicle running underneath the truck or trailer’s body. If the passenger vehicle is lucky, it hits one of the truck’s axles, preventing it from going entirely underneath. Otherwise, the truck’s bottom shears off the vehicle’s roof and hits the driver and passengers – often with fatal results.

    One way to prevent these fatal accidents is to install side underride guards, which prevent colliding cars from going completely underneath trucks in a collision. Unfortunately, these safeguards aren’t a standard issue on all trucks. The nation’s top traffic safety authority is also hesitant to make underride side guards a requirement.

    The National Highway Traffic Safety Administration (NHTSA) recently published a preliminary cost-benefit analysis of requiring side guards. The report estimated that it would cost between $973 million and $1.2 billion to equip all large trucks in the U.S. with side guards and that the move would only prevent 17 fatalities and 69 injuries per year.

    In response to the report, the nonprofit Insurance Institute for Highway Safety (IIHS) issued a statement calling out the NHTSA for underestimating the life-saving functions of underride side guards. IIHS pointed out that NHTSA’s estimates didn’t account for other relevant crash types, such as crashes at speeds greater than 40 mph or crashes involving more than one vehicle or truck. The nonprofit additionally stated that NHTSA’s testing used speed limits and police-estimated pre-crash speeds rather than actual speed data recorded from real crashes.

    A senior IIHS researcher said that side guards could save more than ten times as many lives as the NHTSA had estimated.

    Responding to underride collisions

    Until the NHTSA reconsiders and makes side guards mandatory for all large trucks, underride truck crashes will continue to be a risk. The IIHS noted that in 2021, there were 488 passenger vehicle occupant fatalities in collisions that involved hitting the side of a tractor-trailer.

    While surviving an underride crash is possible, most have proven fatal. Tests have shown that slamming into the side of an unguarded tractor-trailer can result in fatal upper body crushing injuries and dismemberment, as the roof and passengers get sheared by the bottom of the truck or trailer.

    If you have a loved one who died from an underride truck collision, consider filing a wrongful death lawsuit against the truck driver and operator with the help of a personal injury lawyer. A lawsuit can hold the driver and operator accountable for the death, and they must pay compensation.

  • Why are elders at risk of severe fall injuries?

    Everyone might slip and fall at some point in their life. Children or toddlers could fall as they learn to balance and walk properly. Athletes might tumble while competing or practicing. These individuals might suffer physical harm during these incidents, but they could be mild and require little to no medical care. However, other age groups could have significantly different challenges.

    Elders tend to suffer from serious harm because of their age and health conditions, making them more prone to experiencing bad falls. Sometimes, their medication could affect their coordination and balance, increasing their risks. Around three million elders go to the emergency room annually for injuries caused by falls. Also, one in five fall incidents leads to severe physical harm, such as head trauma and broken bones. Their injuries tend to require extensive medical care, resulting in considerable expenses that might be too much for them to cover.

    Medical costs for falls accumulated over $50 billion in 2015 alone, with only 75% of it receiving Medicare and Medicaid coverage. If a slip-and-fall hospitalizes an older adult, their resources might not be enough to pay for their treatments.

    Protecting elders with prevention

    Fortunately, older adults and their families could take preventative measures to avoid fall injuries. They could pay attention to preventing foot pain with quality footwear, clearing potential obstructions on the floor and improving balance with light exercise.

    However, they might only implement these steps at home. In public, risk factors could be unpredictable, especially in places of business. If an elder falls in a grocery store or shop due to someone else’s negligence, they might be able to pursue compensation, depending on the circumstances. Doing so could help cover their expenses, especially if they sustained severe injuries.

  • What is aggressive driving behavior, and why is it unsafe?

    Feeling frustrated, tired and stressed is normal. These emotions could come from various situations. However, they could have severe consequences if left uncontrolled, especially when driving.

    Aggressive driving happens when someone intentionally exhibits dangerous road maneuvers and practices to elicit reactions from other drivers or vent their anger. Doing so could dramatically increase road safety hazards, risking collisions that might cause physical harm or fatalities. A driver’s aggression could translate into illegal or unsafe practices, including the following:

    • Speeding
    • Tailgating
    • Cutting off other drivers
    • Running a red light
    • Switching lanes without using any signals
    • Deliberately shifting in and out of traffic
    • Purposely blocking other drivers from passing or changing lanes

    These examples of aggressive driving could result in road accidents that could harm others and cause considerable damage. Additionally, these practices could cause road rage incidents. Unfortunately, these events might escalate into fights that could lead to injuries or death.

    Aggressive driving is common

    In the United States, it is common for angry drivers to engage in aggressive driving behavior. Millions have admitted to switching lanes, exceeding the speed limit and running red lights to target other drivers. Committing these unsafe habits out of anger or irritation could provide temporary satisfaction, but one collision or altercation could leave life-altering effects on the involved parties.

    How to face an aggressive driver

    Facing an aggressive or angry driver in public could be a scary experience. However, staying calm and maintaining a safe distance from these people is best. By practicing best driving practices, you could get through the situation unharmed. Still, if the driver targets you, follows you and makes you feel unsafe, call the local authorities immediately to de-escalate the encounter.