Florida Truck Accident Attorney
| lazaruslaw-2 | 0 Comments | TRACTOR TRAILOR ACCIDENTS, Truck Accidents, Uncategorized | , ,

Driverless Vehicles – Who is at Fault when they Crash?

Things that seemed technologically impossible years ago are now every-day commonalities as advances in science, computers, and engineering continue to grow.

No one would have believed that people would all be carrying portable phones and computers around with them, and the thought of driverless cars and trucks was a fantasy until just recently.

But the fantasy has become reality and prototypes of cars controlled by computers are now out on the road. Unfortunately, with every advancement there are sometimes very costly errors.

Florida Truck Accident AttorneyThe first reported death in a Tesla Model S crash while the Autopilot was activated has been shaking the Tesla and self-driving car community. The tragic accident happened May 7th in Florida, news outlets only learned of the event last week when Tesla revealed that the U.S. National Highway Traffic Safety Administration (NHTSA) launched preliminary evaluation in Tesla’s Autopilot system.

The investigation is in the very early stage, but it’s possible that the car’s forward facing camera, sensors, and radar interpreted the truck to actually be a bridge, and therefore “assumed” the car would be able to drive under it. What actually happened is the impact tore the roof off the car, and then it lost control. There is a possibility the driver of the car was watching a movie when the accident occurred.

This type of tragic incident is opening a whole new arena in the legal world, which is called robotics law.

Most advances in automobile technology such as seat belts, airbags, and anti-lock brakes were designed to improve safety but still relied on an action by the driver or passengers in order to function. Now the responsibility rests with a machine and it is very murky as to how this will affect court cases.

A division of the U.S. Department of Transportation, the Federal Motor Carrier Safety Administration (FMCSA) regulates nearly all aspects of the trucking industry. How cars and trucks will deal with the infusion of driverless vehicles remains to be seen, as the legal profession also ponders and debates these issues over the next several years.

The Law Firm of Lazarus and Lazarus specializes in accidents involving commercial trucks and has for over 20 years. It is a unique and complex area of the law where special regulations and guidelines apply, and both Gary and Arleen Lazarus are eminently qualified to handle these situations. Please call their Fort Lauderdale office at 954-356-0006 if you or someone you know has been involved in a serious truck-related accident.

| lazaruslaw-2 | 0 Comments | TRACTOR TRAILOR ACCIDENTS, Uncategorized | ,

Why Cars and Trucks Collide

If We Understand Why Crashes Happen, We Can Take Steps to Avoid Them

Americans love to drive. Perhaps no invention affected American everyday life in the 20th century more than the automobile.

Although the technology for the automobile existed in the 19th century, it took Henry Ford to make the useful gadget accessible to the American public. Ford used the idea of the assembly line for automobile manufacturing. He paid his workers an unprecedented $5 a day when most laborers were bringing home two, hoping that it would increase their productivity. Furthermore, they might use their higher earnings to purchase a new car.

highway-trucksAnd so the love affair between Americans and their cars began. Even when new mass-transit systems are designed and constructed for travelers and commuters, large numbers of people prefer to drive on their own.

The creation of the interstate highway system not only allowed people to travel long distances in their cars, it permitted the cross-country delivery of goods by large commercial trucks. The blend of cars and trucks on the same roads has created the inevitable problem of collisions between the two, and these collisions often have deadly consequences.

Sharing the Road

The reason car vs. truck collisions are so devastating is simple physics. Passenger cars gained about 414 pounds in 26 years. In 1980, the average weight for passenger cars was 3,041 pounds, but it rose to 3,455 pounds by 2006.

The average weight of an 18-wheel tractor trailer on the road in the U.S. is 80,000 pounds.

When crash investigators examine what causes accidents, they look at the “critical reason” and the “associated factors” – two different things. For example, if a deer ran out in front of your car and you hit it, that would be the critical reason for the crash. However, an associated factor may be that it was raining and that caused you to not see the poor animal.

Some Statistics

For cars and trucks these are the critical reasons for crashes:

Trucks Cars
Non-Performance (sleep, sick) 3% 16%
Recognition (inattention) 35% 30%
Decision (speed, aggressive) 42% 24%
Performance (overcompensate) 7% 19%
Vehicle (brakes, tires, lights) 8% 4%
Environment (roadway, weather) 4% 3%
Unknown 1% 1%
Total 100% 100%

These are some of the associated factors – note that there can be more than one, so the totals exceed 100%:

Factors Trucks Cars
Brake problems 27% 2%
Traffic flow interrupted 25% 25%
Stop required before crash 21% 6%
Unfamiliarity with roadway 19% 10%
Inadequate surveillance 16% 14%
Traveling too fast for conditions 15% 11%
Illegal maneuver 12% 18%
Felt under work pressure 10% 3%
Distraction (Internal or External) 10% 10%
Inattention 9% 9%
Fatigue 7% 15%
False Assumption 6% 3%
Cargo Shift 1% NA
Illegal drugs 0.40%  3%
Alcohol use 0.30% 9%

You don’t have to be a government expert on traffic safety to notice a few interesting things. First of all, it seems that brakes on trucks are a big problem, and/or trucks need to reduce their speed. Also, it seems that alcohol and drug use is not a common cause for crashes among truckers. Passenger vehicle drivers still have some work to do on that issue.

If you drive a passenger vehicle, please pay attention to the fact that lack of rest is a big issue in crashes, as is lack of attention (which includes texting). Make a conscientious decision to eliminate those from being possible while you are driving, and you have significantly increased your chances of having a longer life.

Truckers, maintain your trucks. Try to avoid stress from the pressures of deadlines and competition. It’s understandable that you want to rush, but is it worth your life, or the lives of others?

Accidents involving truck have many special issues associated with them, and the Law Firm of Lazarus and Lazarus has reserved a major part of their practice to this complex arena. If you or someone you know has been involved in a crash involving a truck, we would be happy to sit down and discuss your situation. You may reach Gary or Arleen Lazarus by calling 954-356-0006.

Florida Motorcycle Accident Attorney
| Gary T. Lazarus | 0 Comments | MOTORCYCLE ACCIDENTS, Uncategorized | , ,

Motorcycle Safety is a Two-Way Street

Working Together Towards a Solution Will Save Lives

Two_Way_StreetWe have posted a lot of data on motorcycle accidents, injuries, and fatalities. The news is never good and it’s getting worse because accidents are becoming more frequent.

We are asking automobile drivers and motorcyclists to take a few moments today and learn 3 things they can be done to make the roads safer for everyone.

Automobile Drivers:

  • Never, ever, text and drive. Distracted driving in one form or another is likely the primary cause for drivers not seeing motorcycles. Turn your phone off when you drive and take care of messages when you arrive at your destination. Nothing is more important than focusing on the road and your surroundings.
  • Look twice. When you go to pull out onto a high-traffic road, check for oncoming traffic. Then look again. In the instant you begin pulling out, a motorcyclist may have moved into the lane you are intending to occupy. Check twice, save a life.
  • Use your mirrors. Both side-view and your rear-view mirrors are there for a reason. Adjust them before you start driving and make sure they are properly lined up. Look carefully for motorcycles before you change lanes. Lane changes by cars into the pathway of motorcycles is a common catalyst for serious crashes.

Motorcyclists:

  • Don’t buy more bike than you can handle. There are no clear statistics for this, but many accident investigators believe that some people ride motorcycles that are simply too large and too powerful, and they crash. If you are 5’7” and weigh 160 pounds, you probably should not consider buying a 197 horsepower Yamaha V-Max. It’s not an issue of how tough you are, it’s buying the right bike to maximize performance and safety.
  • Invest in Anti-Lock Brakes. This is a proven life-saving advancement and it’s worth the cost. The reason is simple: Locking up the brakes in a panic stop robs the rider of any steering control. That can easily lead to a skid and crash, which can result in serious injury. ABS helps you retain steering control during an emergency stop, and it can be especially valuable in slippery conditions.
  • Wear the right gear. Jeans, a T-shirt, and sandals are recipes for a painful disaster on a bike. Specially designed jackets with rugged padding and breathable mesh material provide protection as well as ventilation for riding in warm weather. You’ll also want effective eye protection; don’t rely on eyeglasses or a bike’s windscreen. Use a helmet visor or goggles. And keep in mind that car drivers who have hit a motorcycle rider often say they just didn’t see them, so choose gear in bright colors.

Working together, we can save lives.

The Law Office of Lazarus and Lazarus has been helping the victims of motorcycle accidents for over 20 years and we understand the special circumstances that go along with these serious incidents. If you or someone you know has been involved in a motorcycle crash, please reach out to Gary or Arleen Lazarus by calling 954-356-0606 and we will be happy to meet with you promptly and confidentially.

Florida Motorcycle Accident Attorney
| Gary T. Lazarus | 0 Comments | Motorcycle Accident Attorney, MOTORCYCLE ACCIDENTS, Uncategorized | , ,

What are the Primary Causes of Motorcycle Crashes?

Most people have strong feelings about motorcycles and many rank riding one with skydiving, “There is no way I would ever do that. It’s too dangerous.”

But ask a motorcycle enthusiast, and they wouldn’t even think of traveling by any other means.

Everyone has opinions, but let’s look at the facts and the statistics.

The top two causes for motorcycle crashes are speeding and driver inattention. But in both cases it’s more often the other driver, not the motorcyclist.

Speeding is one of the leading causes of motorcycle accidents, because speeding drivers do not have time to slow down or react to vehicles around them, including motorcycles that may be difficult to see because of their size. Many motorcycle accidents involving speeding driversFlorida Motorcycle Accident Attorney result in serious or even fatal injuries, since motorcycles offer little or no protection to riders in the event of a crash.

In several studies motorcyclists have been rated as the most careful and courteous drivers on the road. Most people riding motorcycles exercise exceptional caution and are more alert than automobile drivers due to the basic instinct of self-preservation.

Driver inattention includes drivers who are preoccupied on their cell phones and therefore put motorcyclists in jeopardy, sometimes causing deadly accidents. A survey commissioned by AT&T found that seven in 10 people engage in smartphone activities while driving, mostly texting and emailing, although surfing the web, tweeting, video chatting, and posting to social media are also prevalent. About one in seven drivers admitted to being on Twitter while behind the wheel.

Driver inattention also includes lane changes, which are a top cause of motorcycle crashes. Automobile drivers simply do not take the time to check both rear-view mirrors before they move into another lane.

In 2013 motorcyclists were about 26 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and five times more likely to be injured, according to NHTSA.

Of the 4,668 motorcyclists killed in traffic crashes in 2012, 94 percent (4,399) were riders and 6 percent (269) were passengers.

The bottom line is that the best way to save lives is to slow down, pay attention, and never text and drive at the same time. Look twice, save a life.

Lazarus and Lazarus has devoted a substantial portion of our legal practice to help the victims of motorcycle crashes. We understand the special circumstances involved and our knowledge of the law and motorcycle insurance issues is extensive. We are here to help victims get through any injury-related problems and we always do our best to see that every client receives the maximum compensation available and appropriate for their injuries, losses, and pain. Please call us if we can help – 954-356-0006 and ask for Gary or Arleen Lazarus.

Florida Personal Injury Attorney
| lazaruslaw-2 | 0 Comments | Florida Personal Injury Attorney, Uncategorized | , , ,

Let’s not “Visit” the Emergency Room

The dictionary defines the word “visit” as “an act of going or coming to see a person or place socially, as a tourist, or for some other purpose.” Most visits are pleasant experiences, right?

The U.S. Center for Disease Control, which works to keep us healthy also keeps track of injury statistics. They call going to the emergency room a “visit” but there’s not too much pleasant about being treated at the emergency room. Those are visits we can live without.

Florida Personal Injury AttorneySome of the types of injuries and statistics for emergency room visits are surprising, but understanding them might help us and our loved ones avoid visits to the ER. Sometimes injuries are our own fault and sometimes they are due to someone else’s – that’s when a personal injury attorney can help.

Let’s look at some numbers:

Nationwide, in 2011 there were 136.3 million ER visits. 40.2 million were related to injuries. The rate of people visiting the ER was 44 per 100 people, so if you’re an average person, you had slightly less than a 50% chance of going to the ER.

In Florida, the reasons for going to the ER are interesting.

The number one cause for going to the ER – non-fatal injury – is listed as “fall.” Now, a large number of these incidents are in the upper-age segment of the population for obvious reasons, but it is also number one for ages 10-14, probably skateboard and bicycle mishaps.

The number two reason for going to the ER in Florida across all age groups is “struck by.” Struck by? What is struck by? Some research shows that people are struck by many things including Struck By: car, truck, bus, train, boat, golf cart, golf club, forklift, crane, mobile platform, bicycle, tire, flying piece of X, garage door, door opening, rock, another person, mail carrier, farm equipment, falling objects, motorcycle, stock items, batted ball, lawn mower, scaffolding, pressurized hose, hammer head, etc…..

So, it’s probably a good idea to avoid everything on that list. You’d have to stay home under the bed.

Number three is motor vehicle accidents, which we write about often. Wear your seat belts, slow down, don’t text and drive, and never, ever drive if you have been drinking.

Number four is interesting but not surprising in Florida: over-exertion. The heat and humidity can wear you down and wear you out fast if you’re working or exercising above your tolerance. Always see a physician before starting a work-out regimen and stay hydrated. Take regular breaks of you’re working outside in the heat and when you feel that something hurts, stop.

Many visits to the ER can be prevented by exercising good judgement, but sometimes you can’t prevent an injury because they are often caused by someone else’s negligence. Some of the more common injuries resulting from negligence are falls due to unsafe conditions, being struck by unsecured objects, defective products, and assaults by other persons.

If you slip due to a puddle on the floor and you are injured, this is not necessarily a clear-cut “slip and fall” injury. There are legal issues such as duty of care, premises liability, security precautions, and a host of other circumstances to consider in any injury situation.

The Law Firm of Lazarus and Lazarus has been advising and helping victims of injuries in south Florida for over 20 years. Gary and Arleen Lazarus are eminently qualified personal injury attorneys who will listen to the circumstances of your injury and discuss options which may help you receive any compensation that is appropriate under the law. You can reach the firm by calling 954-356-0006.

 

| lazaruslaw-2 | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized | , ,

Overseas Health and Accident Insurance for Cruise Passengers

Two important things to think about whenever you travel overseas are (1) local laws and (2) insurance coverage.

Foreign laws are quite different than U.S. laws and anyone traveling abroad would be wise to study them, especially criminal laws. For example, with marijuana regulation lightening up in America, one might think that the rest of the world is going the same way.

That’s not entirely accurate.

For example, if you are going to Thailand, you may want to know that in Thailand, possession of category one drugs for the purpose of sale carries the death penalty!

People going on a cruise often think that the cruise company will have all bases covered should anything happen, like an illness, accident, or a minor legal issue. That, too would be an incorrect assumption. If you’re on board the ship and have a health issue, most ships have doctors and a medical facility. At a port-of-call you might be on your own.

On a recent B&O Cruise several passengers were injured while off-ship on the island of Vanuatu when their bus struck another vehicle. The report said “of the 12 tourists injured in the accident, 10 of them were seriously injured enough to warrant air ambulance evacuations to Brisbane. Several of the tourists involved in the crash suffered head injuries and multiple fractures.” Brisbane is 1200 miles from Vanuatu, which is quite disconcerting.

So, what can you do to make sure you are covered for any mishaps, accidents, or emergencies that might happen while far from home on a cruise? It might be a good idea to look into some quality insurance coverage.

There are three types of insurance related to international travel:

  • Travel Insurance insures your financial investment in your trip. Typically it covers such things as the cost of your lost baggage and cancelled flights, but it may or may not cover costs of medical attention you might need while abroad.
  • Travel Medical Insurance covers the cost of various levels of overseas medical treatment.
  • Medical Evacuation Services provides air ambulance, medical evacuation or medical escort service coverage for overseas travelers.

Before you buy new coverage, check your own insurance. Some policies will cover you abroad, some will not. The U.S. State Department has a link to a page on their website that offers a list of companies that will provide coverages. Blue Cross offers travel health insurance here.

As you can see, this is all a very complex area to understand. When someone is injured or is the victim of a crime while on a cruise away from the U.S. it’s always a complicated issue.

The Law Firm of Lazarus and Lazarus has been dealing with victims of negligence by cruise line companies, foreign medical personnel, hotels, and other transportation providers for over 20 years. We are one of the most highly regarded firms in the area of maritime law and we deal with U.S. and foreign law enforcement as well as insurance companies to make sure our clients are protected. Please reach out to us by calling 954-356-0006 and ask to speak with Gary or Arleen Lazarus.