Category: <span>Fort Lauderdale Accident Attorneys</span>

Accident statistics have advanced to the point where we have a good idea how many accidents happen because of temporary driver impairment (drugs, alcohol, etc) and driver distraction (texting or talking on the phone) but we don’t have accurate data regarding how many accidents are caused by poor vision. Even though the first thing many people say after an accident is “I didn’t see them” we don’t test people’s vision after an accident to see if indeed they didn’t see the other car or the pedestrian because they simply can’t see well.

When someone applies for a driver’s license in Florida for the first time they much pass a written test, a driving test, a hearing test, and a vision test. After that they can renew their license every eight years with no further tests, until they reach the age of 80. Customers who are 80 years of age or older and are not eligible to renew their driver license online are required to pass a vision test.

Requiring elderly drivers to have their vision checked is probably a good idea, but eye problems happen in people of all ages. For example, is it difficult for you to see at night, especially while driving? Is it tough to find your way around in dark places, such as movie theaters?

That is likely night blindness. It’s a symptom, not a problem in its own right. Nearsightedness, cataracts, keratoconus, and a lack of vitamin A all cause a type of night blindness that doctors can fix. Some people are born with this problem, or it might develop from a degenerative disease involving the retina, and that usually can’t be treated. If you have it, you’ll need to be extra careful in areas of low light. Retinal detachments can occur to people at any age, and it is a dangerous situation that can result in blindness if not treated immediately.

Lazy eye, color blindness, cataracts, crossed eyes, and glaucoma are all vision problems that can happen to anyone at any age, and they can all cause a reduction in a driver’s ability to see the road as well as they should. Even someone who works long hours at a computer can have blurred vision and should probably not drive.

The solution: see your eye doctor regularly. A thorough exam will spot any irregularities or disease and early treatment may correct or stop the progress of damage.

Fort Lauderdale Accident Attorneys

The Law Firm of Lazarus and Lazarus helps people who have been injured in automobile, truck, and motorcycle accidents and we have over 25 years of experience getting results. If you have been involved in an accident and have questions, please call us at 954-356-0006 and we’ll listen to you.

You probably remember a tragic incident last year when a Florida man drown in a pond while others recorded his struggle to survive on video. The Cocoa Police Department had recommended to the state attorney’s office that the group face charges of failure to report a death.
But recently the state attorney’s office announced that the group will not be criminally prosecuted. While there is a statute requiring people to report a dead body (Florida Statute 406.12), there is not a law requiring to report a person in distress or danger.

The situation is different in the case of an automobile, truck, or motorcycle accident. Florida Statute 316.062 “Duty to give information and render aid” say, in part:  “…..and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.”

We understand that not everyone is a trauma surgeon or nurse and no one expects you to perform miracles on an injured person, but using common sense you may be able to save someone’s life. If you are concerned about personal liability, Florida’s “Good Samaritan Act (Florida Statute 768.13) says in part: “Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency………….shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.”

Did you know you can visit the Broward County chapter of the Red Cross website and click “Take a Class” to sign up for CPR, first aid, and other very important classes? This kind of training and knowledge may help you save someone’s life someday, not necessarily someone involved in an accident, but someone in your own family or circle of friends!

Fort Lauderdale Accident Attorneys

If you’re involved in an accident and you have done your duty about notifying the police, helping others, notifying your insurance company, and giving information to authorities you’ll want to call an attorney. We can’t count the number of times people have told us, “I really wish I would have called you” over the years. An experienced accident attorney will help protect your rights and guide you through the process of getting compensation for your damages and injuries if appropriate. We can be reached at 954-356-0006 7 days a week.

FYI: The Good Samaritan Act also applies to giving aid to animals! So help an injured dog or cat if you see one, it’s the right thing to do.

When you are hurt in an automobile, truck, or motorcycle accident you may suffer injuries that are serious enough to alter your life in a dramatic way. People are often unable to work after an accident, it’s difficult to pay medical bills and household expenses and they need relief immediately. Creditors, mortgage companies, and landlords expect to be paid and they are not concerned about your misfortune.

If you are involved in an accident that was not your fault it seems reasonable that you should receive compensation for lost time from work, pain, injuries, and damages to your vehicle immediately. But, that’s not usually the case. So, what can you do?

There are many options, and each one is going to depend on the specifics of the case. The first thing to do is to seek out an experienced attorney who has a history of helping people in these situation and who gets results.

Your attorney will examine every detail related to the case, including physical injuries, property damage, and insurance coverage. Often insurance companies don’t want to pay and we have to be persistent. The process must move expeditiously because time is money and we will not stand by while our client is in financial or physical distress. A qualified attorney will understand that your need for justice is first and foremost, but that speed is also very, very important. Many people will face financial hardships while everything is sorted out and they may turn to borrowing money to cover their bills. When this happens some victims may consider personal loans, using their credit cards to live on, or even a lawsuit loan.

Lawsuit Loans – A lawsuit loan (also called a lawsuit cash advance, litigation financing, lawsuit funding, and settlement funding) is a cash advance against a future lawsuit judgment or settlement award. You will want to move very carefully before you choose lawsuit funding. Borrowing against a future settlement or judgment can help you deal with short-term financial hurdles but may cost you a lot in the long run.

Once again, the best thing to do is obtain advice from a professional who has dealt with these situations over a period of many years.

One of the first things we do at Lazarus & Lazarus is establish expectations. We lay out in plain talk what the case looks like and what our clients can expect in terms of our performance, and we write down a timetable for each case. We have learned that it’s wrong to raise expectations by making unrealistic promises. On the other hand, we work very hard to build a solid and strong case for every client so that it has the best chance to establish the truth and get the results and compensation that are appropriate.

Reaching out to us is easy, just call 954-356-0006 and we’ll be happy to set up a confidential consultation.

Florida Highway Patrol troopers and rescue workers were amazed when a driver and his passengers survived a serious crash at a tollbooth on the Florida Turnpike recently. Early indications are that the driver fell asleep at the wheel and the vehicle plowed into some crash absorbers, narrowly missing a pay lane where a another vehicle was stopped. The story in the Miami Herald contains a video of the crash, but warns “the following video contains graphic content.”

How common are “asleep at the wheel” crashes? It’s difficult to ascertain whether a driver was nodding off before a crash because there are no medical tests to help, like there are for determining blood alcohol level. But a recent AAA study reveals that driver fatigue is a factor in 1 of 10 accidents, and the problem seems to be getting worse over time.

The Centers for Disease Control and Prevention says that 35 percent of American drivers sleep less than the recommended minimum of seven hours a night.

Summer is the traditional time for long trips in the car to reach various vacation spots, so it’s a great time to prepare for a common sense schedule of drive time, rest time, meal time, and sleep time. It’s a good idea to drive during the time you are usually awake so you aren’t knocking your body’s internal clock out of whack. If you normally sleep at night, then sleep at night during your trip. Arrange to take turns with another driver if possible, and drive in 2-3 hour segments before taking rests.

Many drivers have a tendency to “push it” until they reach the next destination, but don’t do it. The minute you feel sleepy get off the road and rest.

The National Sleep Foundation says these are warning signs that you are getting fatigued and you should stop driving:

1. Difficulty focusing, frequent blinking, or heavy eye lids.
2. Daydreaming; wandering/disconnected thoughts.
3. Trouble remembering the last few miles driven; missing exits or traffic signs.
4. Yawning repeatedly or rubbing your eyes.
5. Trouble keeping your head up.
6. Drifting from your lane, tailgating, or hitting a shoulder rumble strip.
7. Feeling restless and irritable.

We are experienced motor vehicle accident attorneys in south Florida for over 20 years and we have worked with many victims of sleep-related serious crashes. Please call us if you have been involved in any car, truck, or motorcycle accident and you’re not sure about what you can do to take care of your injuries and damages. We’re available all the time by calling 954-356-0006.

Have a safe summer!

A tragic crash in Delray Beach on April 29th killed four people and apparently involved a pickup truck crashing into the rear of a minivan, which was stopped at a traffic light. The investigation is going to be extensive and details are sketchy, but one local news report said the driver reported the “pickup suddenly lurched into high speed.”

We cannot imagine anything more horrifying than driving down the road when suddenly your car accelerates even though you do not have your foot on the accelerator. What do you do?

Sudden Unintended Acceleration

First, a history of the problem, because it has happened many times and is sometimes caused by vehicle defects. Here are a few situations involving large numbers of cars:

• 1987: The 1982-1987 Audi 5000s sales in the United States fell after recalls linked to sudden unintended acceleration. There were 700 accidents and 6 deaths.
• 2006: The 2004 model year Ford Mustang Cobra was recalled by Ford for accelerator pedals that failed to return to idle after being fully pressed.
• 2009-2011: Several vehicle models were recalled in the 2009–2011 Toyota vehicle recalls, which resulted in suspension of production and sales of many of Toyota’s most popular models, including the Toyota Corolla, Toyota Camry, Toyota Tacoma pickups, Toyota Avalon, Toyota Matrix, Pontiac Vibe, and more.

Now, what do you do if your car or truck suddenly accelerates forward while you’re driving? Popular Mechanics Magazine offers these suggestions:

Step 1 /// Press the Brake Pedal, Hard
The first thing to do–immediately–is press as hard as possible on the brake pedal. Do not pump the pedal, but simply keep steady, hard pressure. Use all the strength your leg can muster. The brakes will require significantly more force than normal because when the engine throttle is wide open, there’s no engine vacuum to power the brake booster. The car won’t slow as quickly as normal, either, but it will reduce speed. In every car, the brakes are more powerful than the engine, so eventually the brakes will win.

Step 2 /// Get Into Neutral
The next step is to shift the transmission into neutral. If the throttle is stuck wide open, the engine will rev alarmingly high. Do not worry about hurting the motor, there’s an electronic rev limiter that will automatically keep the engine spinning high enough to kill it. With the engine power now disengaged from the drive wheels, the brakes will have a much easier job.

Step 3 /// Turn Off the Car
You’re well under control now, but just to be safe, shut off the engine. Since some modern cars have push-button starters, like many Lexus models, you may have to hold the button for three seconds to cut the engine. And you should be aware that the brake-pedal pressure may increase when the motor stops running. As safely as possible, pull the car off the road and call a tow truck. There’s no sense driving the car again until the mechanical problem is found and fixed.

As strange as this may sound, they also say it’s a good idea to practice these three steps.

Performing well in any panic situation comes down to being prepared. So find an empty parking lot and practice these techniques. To simulate a stuck throttle, you’ll have to keep the throttle pinned with your right foot and use your left foot to work the brakes. After a few go-arounds, you’ll get the idea.

The Law Firm of Lazarus and Lazarus has worked with victims of car, truck, and motorcycle accidents where there were issues with auto manufacturer and repair defects involved. We are very experienced investigating the reasons for vehicle crashes and we are fully capable of dealing with manufacturers, dealerships, and auto repair shops in order to get the facts.

If you believe an accident you have been involved in was due to a defect in design, manufacture, or repair, we can help. Call us at 954-356-0006 and we’ll arrange a confidential consultation at your convenience.

Road rage is a serious problem, and in south Florida it can be very hazardous to your health. This week an incident in Broward County started with one driver cutting off another and concluded with one driver getting hit in the head with baseball bats. Miami Herald story – click here.

The victim in this case apparently got out of her vehicle to go face-to-face with the other driver, and what we will say about this response is don’t do that. Ever. We all pay taxes for police protection, so call the police. The driver who was beaten has serious head injuries, a broken nose, and will possibly require long-term medical care. News reports say she stepped out of her vehicle to record the incident on her cell phone, and once again our advice is don’t do that. Stay in your car and call police. You never know what weapon another driver might have, a bat, a knife, or a gun.

If you see a problem developing with another driver on the road and you feel he or she may confront you, try to diffuse the situation. Nod, smile, say you’re sorry. Even if you aren’t and it wasn’t your fault. It’s better to swallow some pride than to end up in the hospital.

“A clever person solves a problem. A wise person avoids it.” Albert Einstein

Because Albert was just about the smartest person to have ever lived, it’s a good idea to model our advice on road rage after that quote. How do you avoid road rage, including your own?

Here are a few tips from the Progressive Insurance Company:

Protect yourself.
If you are dealing with an aggressive driver, make sure your doors are locked. If you’re stopped in traffic, leave enough room to pull out from behind the car you’re following. If an aggressive driver confronts you, dial 911 or go to the nearest police station.

Don’t take it personally.
Be polite and courteous, even if the other driver isn’t. Avoid any conflict, if possible. If another driver challenges you, take a deep breath and move out of the way! Never underestimate the other driver’s capacity for causing mayhem.

Reduce your own stress.
Allow plenty of time for a trip and listen to soothing music when you drive. Make sure your seat position and climate are both comfortable for you. And mostly understand that you cannot control traffic, only your reaction to it. In the end, you may find that personal frustration, anger and impatience are the real danger zones on the highway.

Report aggressive drivers.
Some states have a phone number that you can use to report dangerous driving to the appropriate law enforcement agency. Keep the number handy on your cell phone. If you make a call, be sure you give a vehicle description, license number, and the location and travel direction. You could prevent a tragedy.

Be a courteous driver.
You can set the example, which can help make our roads safer.

Control your anger.
Don’t take traffic problems personally.
Avoid making eye contact with an aggressive driver.
Don’t make obscene gestures.
Don’t tailgate.
Use your horn sparingly — even a polite honk can be misinterpreted.
Don’t block the passing lane.
Don’t block the right turn lane.

Fort Lauderdale Accident Attorneys

The attorneys at Lazarus and Lazarus are here to answer questions if you have been involved in an accident or a road rage incident. Our primary duty is to our client and we work very hard to make sure your rights are protected. Call us at 954-356-0006 if you have an issue you would like to discuss with us.

Who is Responsible When There is no Human Driver?

A near-miss between a self-driving Tesla and a Phoenix motorcycle police officer last year raised eyebrows in the motorcycle community even though there were no damages or injuries.

According to USA Today: The officer, who was in front of the Tesla, stopped for a traffic signal, police said. After also stopping briefly, the Tesla began creeping forward, prompting the officer to jump off his motorcycle and move away. The officer later estimated the car was moving at about three miles per hour, police said. There were no injuries or damage.

Recently The Mercury News reported: General Motors is in a race to be the first company to mass produce self-driving cars, but a recent crash with a San Francisco motorcyclist has illustrated the tricky challenge of assigning blame when an autonomous vehicle gets in an accident.

There are several other incidents in the news, some involving very serious injuries.

Self-driving cars operate using sensors and those sensors are calibrated to “see” cars, trucks, and trees. Obviously they won’t tell the car to slam on the brakes if a pigeon crosses the road, but somewhere between a large truck and a bird is a motorcycle. Are these cars going to be able to detect a motorcycle when one is riding alongside on the highway? Can they detect a dog that may run out in the road?

There have been many reports about hackers that have a ability to break into a driver-less car’s navigation system and remotely disable it. We can’t imagine the panic a person would feel if their car suddenly accelerated on its own as it approached a red light, nor the damage that could be done to people and property.

Floridians have a right to know if these new vehicles are a danger to motorcyclists, bicyclists, pedestrians, and everyone, and what protection we have if they cause an accident with injuries or worse.

Fort Lauderdale Accident Attorneys

Self-driving cars may be the future of travel and they may someday be perfected. In the meantime, we will work diligently to help people who are injured in accidents with these vehicles. If you have questions, please contact us at 954-356-0006 and thank you.