| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Auto Accident on Expressway Kills Two in South Florida

On Friday, October 9, two men were killed in a car accident on the Palmetto Expressway near NW 122nd street in Hialeah, Florida. According to the Miami Herald, the auto accident occurred at about 4 a.m., pinning one man under a boat and leaving another driver dead. Heavy traffic problems resulted.

According to the Florida Highway Patrol, a Ford pick- up truck, towing a boat, pulled over on the shoulder and a red vehicle pulled off in front to help. While the men were underneath the boat, a Chevy Malibu went out of control and hit the boat, which fell on the men, killing one. Apparently, the second man ran in the red vehicle was frightened and drove off.

The driver of the Malibu was also killed, while the passenger in the Malibu was taken to Jackson Memorial Hospital in Miami. Police are still investigating, and FHP has determined that the boat and the truck were stolen. The police also found a bag of marijuana near the Chevy and three bags of a substance which they are testing for cocaine.

Our blog posting entitled “Florida Auto Safety: Move Over Law Saves Lives” discussed laws and safety tips which drivers should follow to avoid tragedies such as this one. While one can’t control an out of control vehicle or other outside factors, drivers should always remember to move far over to the side of the road when checking for damage to your car or any cargo you may be towing, and to be mindful of other drivers while parked on the shoulder.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Pedestrian Killed in South Florida Auto Accident

On Tuesday, September 29, 71-year-old Fort Lauderdale resident Judith Testa was struck by a vehicle and severely injured while crossing the street near East Commercial Boulevard. Unfortunately, it was reported today that Testa died from the pedestrian accident. She was apporxiamtely a block away from her apartment.

According to police, 31-year-old Natalie Affiany of Coral Springs, Florida was making a left turn near the intersection and struck Testa. Ms. Affiany’s driving records showed that she was driving on a suspended license.

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Statistics show that South Florida is prone to high rates of pedestrian accidents. The Florida Highway Safety and Motor Vehicles Traffic Statistics Report is a great source of this statistical data. The Report states that there were 8,471 pedestrian crashes in Florida last year, with 7,878 crashes resulting in injury and 502 crashes resulting in death. While these numbers reflect a considerable increase since 2007, fatalities decreased approximately 5% from 2007. In fact, the information in the report clearly evidences that Miami-Dade and Broward County had the two highest numbers of pedestrian fatalities statewide last year (66 and 51, respectively).

So far, no charges have been filed yet in this incident, but police are asking for your help. If you have any information about this incident contact Coral Springs Traffic Homicide Investigator Jill Hirsch at 954-828-5753. You can also contact Broward County Crime Stoppers at 954-493-TIPS (8477).

Large cities like Fort Lauderdale and Miami are prone to heavy traffic, so whether you drive or, like many others, prefer to walk the streets, you can do your best to avoid risk of injury to yourself and others by following traffic signs, observing the rules of the road and keeping a sharp eye out for crossing pedestrians and oncoming traffic.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, MOTORCYCLE ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Florida Personal Injury Checklist

You are driving down the road in Broward County, wearing your seatbelt and obeying all traffic signals and laws. The last thing you thought would happen is a car running a red light and striking your vehicle at the intersection. You advise the Officer at the scene of your statement and the other driver is cited at fault for the accident. You are injured so you go to the ER. You are waiting to be seen and so many things are running through your mind…am I going to be OK…what about my car…how am I going to get to work…etc… These are questions our South Florida firm answers everyday when we speak with our prospective clients for the first time. In an effort to help our prospective clients we have compiled a checklist of sorts that can be used by anyone who is injured in an accident in the State of Florida.

1. Be truthful to everyone about any physical limitation you now have. In order for your doctors and attorney to help you with your case we need to know about all of your symptoms.

2. Don’t accept a check or sign a release from an insurance company for your property damage claim unless you are sure you know exactly what it covers. Sometimes insurance companies will attempt to get you to release “any and all claims” – including your personal injury claim when you are only settling your claim for property damage. Please check with your attorney if you’re not sure.

3. Do not hide past accidents or injuries from your lawyer. Insurance companies have access to accident information in a central database, so the other insurance company will more than likely find out about your prior medical history and accident.

4. We find that it is extremely helpful when clients keep a record of how they feel. A diary is an excellent way to organize this information. The diary should contain notes of their doctor and therapy appointments, medications, and inability to work and enjoy any of the activities that were enjoyed and participated in before the accident. In real life there are few “cant’s” after an accident. Most people recover the ability to perform most activities, unless they are bedridden. But generally, if they have limitations, it’s because they can’t do the activity as long, as hard, or as strongly as they used to. A diary which reflects these limitations is important to your injury case because they can really show the adjuster how you have been affected on a daily basis as a result of the accident.

5. Do not try and deal with pain. See a doctor or go to the ER immediately after your accident. Tell your doctor everything: about how the accident occurred, and advise him or her of any past accidents or medical conditions.

6. Video cameras can be hidden anywhere. You may not know you are being videotaped and it could be at anytime or in any place. We have seen this many times. You will lose all credibility if you claim you cannot perform a certain way and then are caught “on tape” doing those exact things or something similar. If you are honest and truthful about your injuries and limitations this invasion of your privacy will only bolster your case. Go on as usual if you see someone following you and let them record for all to see how your injuries have affected your ability to perform your normal everyday functions. This will be your best evidence.

These are just a few of the things we routinely go over with our clients so they can be educated on what they can do to help us to obtain the maximum recovery possible for their individual case. Insurance companies are for profit businesses and in order for us to obtain fair, speedy and just compensation to persons injured through the fault of another (the insurance company’s policyholder) we have to do everything we can do to present a case in the light most favorable to our clients and convince the Insurance Companies that our clients are entitled to be paid a fair, speedy and just settlement as a result of their insured’s negligence. If you want to read more about what not to do after you are in an accident you can read an article in our blog : “Florida Auto Accidents: The Mistakes People Make” dated June 26, 2008.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Florida Auto Safety: Move Over Law Saves Lives

On Monday, June 23, 2008, a statewide campaign was instituted by the Florida Highway Patrol to spread awareness of Florida’s Move Over Law. This law is designed to protect Police Officers, Emergency Workers and Pedestrians at the scene of accidents from being struck by vehicles on Florida roads. The Move Over Law states that a driver must vacate the lane next to where a law enforcement vehicle has stopped on the side of a road with its lights flashing. During the weeklong campaign officers will issue warnings to motorists through Wednesday and on Thursday will begin issuing tickets for violations.

Florida’s Move Over Law was meant to prevent tragedies such as these:

• A case in Miami recently when Rescue crews amputated a man’s leg on a Miami highway after he was crushed between two vehicles. The accident occurred while the man was checking the damage to his car after he was struck from behind by a sport utility vehicle. Another vehicle then crashed into the SUV, pinning the man.

• According to Florida Highway Patrol three people were killed since the Memorial Day weekend while checking their vehicles for damage after a crash in the middle of a road.

• A Road Ranger was critically injured while assisting a motorist on the Palmetto Expressway. The Road Ranger was assisting a vehicle that was disabled when another car struck the Ranger’s truck, which then in turn struck the Road Ranger.

Tragedies such as these can be been avoided if all drivers adhere to the following safety precautions:

1. Drivers should move their cars to the side of the road before checking for damage after minor accidents;
2. Drivers should vacate the lane next to where a law enforcement vehicle has stopped on the side of the road; and 3. Drives should vacate the lane next to the scene of an auto accident.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, MOTORCYCLE ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Florida Auto Accidents: The Mistakes People Make

Quite often during meetings with our clients in our Fort Lauderale and Weston offices, we are frequently asked the question: What do I do when I am injured in a car accident in the State of Florida? The answer to that question in our opinion is better answered by providing our clients with a very short list of things they should never do. These are the mistakes that we are often faced with when clients first come to our office and we find that they have:

1. Failed to report the accident to the Police and to the insurance company;
2. Failed to document their Injuries to the Police, Rescue, and the insurance company;
2. Failed to take photographs of their injuries and property damage;
3. Failed to go to a doctor to document their injuries;
4. Made a signed or recorded statement to their own insurance company without first seeking legal advice; and 5. Made a signed or recorded statement to the party at fault’s insurance company without first seeking legal advice.

These may seem like fairly simple things that need to be done at the time, but at the time of an accident most people are upset, anxious and sometimes injured and as a result may not be thinking clearly. If you take our tips and follow them you will at least have ensured that the necessary information is being documented properly at the outset of your case. This documentation is essential in helping our offices to be better able to resolve your case either through settlement or litigation.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, DUI DRIVER, HIT AND RUN DRIVER, INSURANCE COVERAGE, PEDESTRIAN ACCIDENTS, Uncategorized

South Florida Hit and Run and Drunk Drivers

Within the past few weeks the police in the Fort Lauderale area have been investigating two instances of pedestrians being injured in vehicular accidents. In the first instance, law enforcement is attempting to locate a car that a surveillance camera caught hitting a pedestrian, Marshall Clinton, 51,and then driving away. The crash happened about 11 p.m. Friday, May 23, 2008 as Mr. Chilton crossed the street. Marshall Chilton, 51, was admitted in the hospital with broken bones and is expected to recover.

In a second incident in Fort Lauderdale, a man is accused of killing a woman, Ms.Kathleen Gosnell, 60, and injuring Mr. Raymond Haruben, 63, after striking them with his vehicle on Thursday, May 22, 2008. Toxicology reports confirmed that he was Driving Under the Influence of Alcohol (DUI). Steven Kopson, 53, of Fort Lauderdale, was charged with manslaughter while driving under the influence of alcohol, among several charges.

Both these incidents raise the question, “If I am a pedestrian in an accident who was struck by a hit and run driver- who will pay for the treatment and pain and suffering I have sustained through no fault of my own?” The answer is that even though you are a pedestrian, your own PIP and UIM insurance will ensure that you are fully protected and covered for your injuries even though you weren’t driving your vehicle at the time.

The importance of PIP coverage and UIM coverage on your automobile policies is especially important when you are a pedestrian and you you are struck by a hit and run driver. It is in that instance that your own insurance coverage is there to protect you. Your PIP Insurance or Personal Injury Protection Insurance will cover the first $10,000.00 of your medical bills and your UIM Insurance will afford you coverage for everything over and above the first $10,000.00 up to the limits you choose.

What if your injuries are serious and you need treatment well over and above $10,000.00 and what about pain and suffering, wrongful death and lost or diminished capacity to earn a living? UIM coverage is the only coverage that will protect you if the party at fault in an accident either is unknown, has no Bodily Injury coverage (which is not required in the State of Florida) or has a minimal amount of Bodily Insurance Coverage. In effect you can seek compensation for your injuries and damages from your own insurance company should any of these circumstances occur, but only if you have UIM Insurance coverage.

If you would like to read further about this issue, we have addressed the Florida UIM and PIP Insurance issue in a previous article on our blog entitled: “Florida No-Fault, Med Pay and UIM Insurance” dated May 12, 2008. It is our hope that all Florida drivers will contact their insurance agents and demand a quote for UIM coverage on their policies. That way, should the unfortunate happen and you are injured in an accident caused by an uninsured driver or underinsured driver, you won’t have to worry about your financial future being decimated by medical bills.

If you have any questions about these issues please feel free to call our offices. We want every Florida driver to be aware and informed about their right to protect themselves through proper and FULL automobile insurance coverage.