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  • Why many car accidents occur

    Driving carefully and focusing on the road could help a Florida commuter avoid an automobile accident. Sometimes, drivers must pay attention to others who are operating their vehicles recklessly. Government-compiled data shows that reckless behaviors contribute to many accidents annually.

    The reasons for crashes

    Government entities keep track of accidents and their causes. Studying the reasons for accidents may help find solutions to the underlying factors. The National Highway Traffic Safety Administration noted that more than 6.7 million traffic accidents occurred in 2019, with a significant number being preventable. A deeper dive into the data reveals the frequent reasons for vehicle crashes.

    The roads will never be free of speeding vehicles. Agitated, stressed or impatient drivers may press down on the gas pedal and drive at an unsafe speed. Hazardous road or weather conditions might not deter them. The same may apply to other traffic violations that increase accident risks, including impaired driving, leaving someone open to criminal and civil consequences after a collision.

    Other causes and concerns

    Distracted driving continues to be a problem. A driver who pays more attention to an infotainment touch screen than traffic could cause a collision. Someone could also become distracted while driving by glancing away from the road when something inadvertently catches their attention. Those who cause motor vehicle accidents because they are too tired to concentrate may face civil actions after a collision.

    The resultant accidents could be a rear-end or head-on collision, or they may involve rollovers. Some crashes could result in a vehicle hitting a pedestrian or bicyclist. Ultimately, if a reckless driver causes harm, there could be civil or criminal consequences.

  • What are Florida’s wrongful death laws?

    Losing a loved one is hard for any Florida resident, but it’s a different pain category when the loss is due to wrongful death. Unfortunately, there is no way to get your loved one back, but you have the right to file a wrongful death lawsuit. These are the laws in the state.

    Understanding wrongful death

    Wrongful death occurs when a person dies because of someone else’s negligence, recklessness, or intentional violence. Unlike criminal homicide cases, wrongful death is a civil action. If a lawsuit against the liable party is successful, the victim’s surviving family members recover compensation for various damages.

    Florida’s wrongful death laws

    In Florida, the decedent’s representative can file a wrongful death lawsuit on the family’s behalf. The statute of limitations for filing is four years from the date of the victim’s death.

    Damages in a wrongful death lawsuit include both economic and non-economic damages. Monetary damages include medical expenses while the victim was still alive, funeral and burial costs, lost wages and earning capacity. Non-economic damages include the decedent’s pain and suffering before their death and those suffered by the surviving family members: loss of companionship, loss of consortium, loss of support and guidance and mental anguish.

    In some cases, the victim’s survivors may also recover punitive damages if a wrongful death claim is successful. The court might do that not to compensate the family; if the defendant’s actions were particularly egregious in causing the death, punitive damages might be awarded to punish them.

    You have cause to file a wrongful death claim if your loved one would have been able to file a personal injury claim if they had lived.

  • Car accident deaths: damages for the victim’s family

    It is difficult for the surviving family of a motor vehicle crash victim to pick up where they left off since the death of a loved one significantly changes the family’s dynamic and lifestyle. If the member involved in the motor vehicle crash is the household’s primary source of income, the family would also have to adjust significantly to continuously provide for their well-being. With this issue, they may consider seeking damages against the driver at fault.

    “No-fault” rule and exception

    Generally, Florida is a no-fault car insurance state. This means that the drivers will recover compensation from their respective insurers no matter who is at fault. However, an exception is if the victim suffers a permanent injury which includes death. In this case, the victim’s family may bring a claim against the at-fault driver.

    Common damages

    Florida laws protect the family members of car wreck victims and allow them to recover damages for the loss of their loved ones, given the circumstances of the crash permit them to do so. Common compensation that the law entitles families of victims to receive may include:

    • Medical bills
    • Funeral and burial costs
    • Pain and suffering
    • Loss of income
    • Punitive damages or the defendant’s payment for the offense
    • Property damage

    Seeking compensation for the loss of a loved one can be a tedious process. But knowing that there are damages available for the surviving family members of victims can ease any financial worries that they may have.

  • Flying wheel accidents often cause death or serious injury

    The semi-tractor trailers that transport goods to stores and warehouses in Florida and around the country usually have 18 wheels, and each of them weighs about 100 pounds. When a wheel falls off while a truck is in motion, other road users rarely have time to get out of the way and avoid injury. Flying wheel accidents, as they are called, are often fatal, and the victims are sometimes pedestrians, cyclists, construction workers or first responders.

    Causes of flying wheel accidents

    Determining what caused a truck wheel to fall off is sometimes difficult, and truck inspectors, engineers and metallurgists may have to be called in to help identify the problem. If the truck crashed after losing one or more of its wheels, the investigation could be even more challenging. Some of the most common causes of flying wheel accidents are:

    • Rusty or broken axles
    • Wheel bearing failures
    • Hub separations
    • Tire defects
    • Inadequate maintenance
    • Botched repairs

    Catastrophic injuries

    A flying truck wheel can cause death or serious injury to vehicle occupants as well as pedestrians. In June 2018, a 25-year-old man was killed when a wheel flew of a truck and struck his SUV on Interstate 95 near Oakland Park. According to the Florida Highway Patrol, the wheel struck the vehicle after bouncing over a concrete wall. The commercial vehicle accident was blamed on a catastrophic tire failure.

    Negligence

    Mechanical failures are sometimes unavoidable on a machine as large and complex as a semi-tractor trailer, but negligence is often to blame when one of these vehicles loses a wheel. Rusty axles, worn wheel bearings and defective tires are all issues that could be prevented by proper maintenance or detected during regular truck inspections. When these steps are not taken, flying wheel accidents that kill or seriously injure other road users become far more likely.

  • Understanding the effects of different types of brain injuries

    Accidents that cause brain injuries usually require victims to receive physical therapy as part of their medical treatment. Knowing the type of brain injury that you or a Florida loved one may have sustained is crucial in determining the right course of medical attention, along with assessing damages you could seek in a lawsuit when the accident was caused by the negligence of another party.

    The three types of brain injuries

    The three classifications of brain injuries are a traumatic brain injury (TBI), a hypoxic brain injury and an anoxic brain injury. TBIs receive much attention because of their frequency in motor vehicle accidents and other incidents. They result from sudden trauma when the head violently collides with something or an object penetrates the skull. Mild TBIs include concussions and generally need little treatment. However, severe TBIs can require physical, occupational, or speech therapy, plus psychological and social support.

    Hypoxic and anoxic brain injuries are not as well known, but both involve the brain’s oxygen supply. When the oxygen supply is severely diminished but not completely cut off, a hypoxic injury can occur. Cardiac arrest, strangulation or other systemic interruptions can reduce oxygen supply. Anoxic injuries happen when the oxygen supply is completely cut off. Hypoxia can result in psychological, neurological, and physical abnormalities, while anoxic injuries result in impaired memory, attention, and slower mental processing.

    Brain injuries can change the course of your life

    Brain injuries frequently result from the negligence of others. TBIs can occur under many circumstances, including premises mishaps and car crashes. Medical errors resulting in a lack of oxygen, or incidents involving attempted drowning can also cause brain injuries.

    Filing a claim against a negligent person or the perpetrator of a crime resulting in a brain injury can help pay for treatment. Make sure you have thorough records backing your claim.

  • Understand the importance of a concussion protocol

    If you’re an athlete or involved in any physically demanding activity in Florida, it’s important to understand a concussion protocol. This set of guidelines is designed to diagnose, treat and manage concussions rapidly. It’s crucial in preventing and reducing the risk of long-term brain damage and injury.

    Concussion are common injuries in athletics

    Brain injuries can occur as a result of a blow to the head, neck, face or upper body. When this impact occurs, your brain basically bounces around inside your skull. Concussions are one of the most common types of brain injuries and can range from mild to severe. Symptoms may include headache, dizziness, nausea, confusion, memory loss and sensitivity to light or noise.

    Testing for a concussion

    It’s crucial to seek medical attention if you suspect that you experienced a head injury. The concussion examination protocol begins with a thorough evaluation by a healthcare professional who specializes in brain injuries. This can include a physical examination, cognitive testing and imaging studies. The healthcare professional will then determine the best course of action for treatment, which may consist of rest, medication and physical therapy.

    Preventing concussions

    In addition to seeking medical attention, it’s essential to take steps to prevent concussions from happening in the first place. This includes wearing proper protective gear, such as a helmet, while participating in sports or physically demanding activities. It’s also important to educate yourself and others on the signs and related symptoms of a concussion and to seek immediate medical attention if you suspect that you have one.

    Stay safe and play smart

    A concussion protocol is a crucial aspect of preventing and managing concussions. Seeking medical attention and taking preventative measures can significantly reduce the risk of long-term brain injury. Remember that your brain is one of the most important parts of your body, so take care of it.

  • Spotting drivers who might be distracted

    When driving on Florida roads, you might expect other drivers to abide by the laws and regulations just as you would. However, there could be drivers who are distracted while they are behind the wheel. Here are a few ways to spot and try to avoid them.

    Lane maintenance

    One of the ways that you can sometimes determine if a driver is distracted on the road is by how they maintain their position in their lane. Swerving from one side of the lane to the other or from one lane to the other and into oncoming traffic can lead to car accidents, some of which could be severe. You can avoid this type of driver by letting them safely pass your vehicle or by being alert as to which direction they are going so that you can move to the safe side of the road.

    Speed

    While some circumstances could necessitate the need to speed up and slow down while driving, you’ll likely maintain a constant speed for the road conditions. A distracted driver might try to slow down while they are on the phone, talking to a passenger, or performing other activities in the car so that they can still pay attention to the road. Once the driver has completed their task, they might speed up again. A way to avoid this situation is to stay back a few car lengths, which can prevent you from slamming on your brakes.

    Although driving in most areas is safe, there could be times when you encounter a driver who is distracted and could cause an accident because of their actions on the road.

  • Who is at fault for a T-bone car accident?

    Car accidents are a regular occurrence in Florida and around the country. T-bones rank as some of the most common, and they can leave the occupants of the vehicle hit from the side reeling with serious injuries. Establishing who’s at fault for these collisions helps when a victim files a lawsuit.

    Determining fault for a side accident

    Side accidents, also known as T-bones, are dangerous because cars lack the safety features typically found on their fronts and backs. Drivers and passengers alike can sustain catastrophic injuries as a result. Unlike rear-end collisions, it’s not always obvious to tell who caused a side car accident.

    Evidence can show who’s at fault for a T-bone. Photos showing the aftermath of the accident can show the damage while video footage can show the accident as it happened and determine whether a driver acted recklessly or negligently.

    Police reports explain the details of what happened and include any traffic violations and citations issued to drivers. Eyewitnesses often make or break car accident claims; as impartial third parties, they can attest to how the accident occurred and who was at fault.

    If you were injured in the accident and sought medical attention, your medical records can show the extent of how the accident affected you. This evidence should be included with your medical bills.

    In some cases, an investigation might be necessary to determine fault for this type of car accident.

    Causes of side accidents

    Negligence such as distracted driving, ignoring traffic signs and signals and improperly-timed turns often causes side accidents. Driving under the influence of alcohol or drugs, aggressive driving, road rage and reckless driving are also common culprits. If a driver is found to be guilty of any of these categories after a T-bone, it could more easily establish liability.

  • What you need to know about motorcycle ABS

    Motor vehicle accidents involving motorcycles often result in fatal injuries. The state of Florida alone averages over 500 deaths from motorcycle accidents every year. The presence of antilock braking systems (ABS) may reduce the number of fatal motorcycle crashes.

    Purpose of ABS

    If you need to brake suddenly while on a motorcycle, you can destabilize it. This leads to one of the wheels locking and the motorcycle sliding or overturning. This often leads to fatal motorcycle accidents. The ABS system stops wheel locking on motorcycles. This increases the motorcycle’s stability.

    Methods used by ABS

    When you apply a hard brake, the ABS systems analyze whether it may turn into a skid. If a skid becomes likely, the ABS system begins to alternate between releasing and applying brakes. This allows the driver to come to a stop without losing complete control.

    ABS in cars vs. motorcycles

    The National Highway Traffic Safety Administration began requiring all new passenger vehicles in the U.S. to include ABS in 2013. Models made before 2013 may still include ABS. The government required most commercial trucks and busses to include ABS beginning in 1999.

    For cars that do not feature ABS, owners may experience a simple slide that may result in a crash. Motorcycle owners without ABS may slide and fall off their vehicles.

    ABS in motorcycle statistics

    Studies of motorcycle crashes by the Insurance Institute for Highway Safety found these encouraging statistics about motorcycles with ABS installed:

    • The fatal crash rate decreases by 22% on motorcycles with ABS.
    • Accident insurance claims reduce by 21% on motorcycles with ABS.
    • ABS improves stopping distance on wet and dry surfaces.
    • ABS helps new and experienced drivers stop more quickly.

    Purchasing a motorcycle with ABS included may cost a little more until the systems become mandated. But taking this extra step may save your life.

  • The impact of a brain injury

    Every year in Florida, thousands of people experience traumatic brain injuries. Some result in death or leave victims comatose. But what you may not know is that the long-term impact of a traumatic brain injury (TBI) can alter a person’s life even if they’re not completely incapacitated.

    The devastating impact of a TBI

    With a brain injury, it can be harder to understand the full consequences in comparison with most other injuries and illnesses. An injury to the brain can have impact in ways both physical and mental.

    So much of who we are is governed by the brain. Speech and language, the ability to learn, our emotions and moods, our ability to think – all of these are potentially at risk from a traumatic brain injury.

    TBIs are responsible for thousands of people needing assistance to live for the rest of their lives. A TBI can take away a person’s independence forever, and rob them of their plans, hopes and dreams for their future.

    Not all TBI effects are obvious

    One of terrifying aspects of a TBI is that it can fundamentally change a person’s personality or ability to navigate their daily life.

    It’s very apparent when a person suffers a TBI and then struggles with basic speech or the ability to reason. But it’s not quite as clear when a TBI causes a person to lose their temper more easily or struggle with responsibilities they used to be able to handle.

    In some cases, the effects of a TBI may linger for weeks or months and may involve a lengthy rehab process. But in other cases, the TBI will subtly (or not so subtly) alter that person for the rest of their life.

    Traumatic brain injuries are among the most heartbreaking and unpredictable injuries possible. The effects might be momentary or for life, and could be minor or completely incapacitating.