Category: <span>AUTO ACCIDENTS</span>

You see your friend’s car with a dent in the door and he says “I had an accident, but it wasn’t my fault.” Certainly police officers hear that all the time, irate drivers pointing fingers after a fender-bender assert their innocence, and attorneys hear it when clients visit them for a consultation.

Establishing liability (or negligence) in a personal injury case is not always as easy as it may seem to the drivers involved. This is why having an experienced, qualified attorney on your side is so important.

The online legal news source legalexaminer.com published some key elements involving how negligence is determined:

Establishing Negligence – by Nathaniel Fick
The main aspect of establishing liability in an auto accident case is proving negligence, and there are certain situations and types of accidents where liability is relatively clear-cut. These include:

Rear end collisions. The basic rules of the road require that vehicles keep a safe following distance from one another, so the vehicle that rear ends another will almost always be found liable. The law imposes duties of care on both drivers of lead vehicles and drivers of following vehicles. The operator of the leading vehicle must exercise the same degree of care to avoid injury to the vehicle behind him or her.

Left turns. Generally, a car making a left turn is usually held responsible when there is a collision with another vehicle coming straight from the other direction, although there can be exceptions, such as if the vehicle traveling straight was speeding or running a red light.

Accidents involving impaired drivers. Although a drunk driver’s fault is not automatic, the fact that they were under the influence of alcohol and/or drugs and arrested for DUI will make it hard for them to escape at least some degree of liability.

When a car hits a pedestrian. Drivers are required to be extra cautious when pedestrians are present, but pedestrians are not held blameless in all situations, such as when they don’t use a designated crosswalk or walk along a busy freeway at night wearing dark clothing. Full article at legalexaminer.com

Since 1991 the attorneys at Lazarus and Lazarus have been effectively fighting for the rights of personal injury victims throughout the state of Florida. They are experts dealing with issues involving negligence, liability, injuries, and damages.

With offices in Fort Lauderdale, Weston and Orlando, Lazarus and Lazarus attorneys are available to meet with you and discuss your case. Calling 954-356-0006 will put you directly in touch with an attorney who can answer your questions and guide you through the process of establishing facts and protecting your rights.

Edited by Dergle Mumpton

In June, two people were killed in a five vehicle accident on State Road 54 in Odessa. 16-year-old Matthew Capelo-Fine of Trinity was driving a BMW Sedan east towards Lake Polo Drive when he unexpectedly lost control of the car and skid across a median. After he crossed the median, Capelo-Fine struck a westbound Hyundai carrying five people. According to the Florida Highway Patrol, Capelo-Fine’s sedan began to spin following the initial crash. Capelo-Fine’s vehicle then hit a PT Cruiser that was sent spinning into the Hyundai he collided with initially. Meanwhile Capelo-Fine’s BMW continued on to strike a Nissan Altima. A nearby Chevy Impala also received damage to its windshield when it was struck by flying debris.

Unfortunately, Capelo-Fine died at the scene of the accident. 91-year-old Anna Davis, 13-year-old Collene Carberry, 15-year-old Jilly Horaneck, and the driver of the Hyundai, 71-year-old Joseph Furphy, were transported by rescue crews to Tampa General Hospital where Davis later died. Both Furphy and Horaneck reportedly suffered serious injuries in the crash and Carberry received only minor injuries. Although the cause of the collision is still under investigation, alcohol is reportedly not a suspected factor in the accident.

In Florida, we often spend countless hours in our automobiles every week. Unfortunately, with so many drivers and passengers on the roads, motor vehicle collisions are a fact of life. Every year, auto collisions are one of the leading causes of personal injury and death in the State of Florida. Injuries sustained in a car accident may be minor or they may be catastrophic. Car crashes are frequently caused by inattentive or inexperienced drivers, defective vehicles, weather, road debris, speeding, fatigue, and aggressive or impaired driving. If you or a loved one was injured through no fault of your own in a motor vehicle accident, you may be eligible to receive compensation for your injuries, medical expenses, lost wages, and any resulting disability. If you were hurt or lost a loved one on a Florida roadway, you should contact an experienced Florida car accident lawyer to help you file a claim against the negligent party.
Read more “Two Killed, Several Injured in Five Vehicle Crash Near Tampa”

A recent report from the Florida Department of Law Enforcement states Florida Highway Patrol officers made errors in connection with a January 29, 2012 accident that killed 11 people on Interstate 75 near Gainesville. On the day of the multi-vehicle crash, the interstate was closed through Paynes Prairie State Park prior to the accident due to a mix of fog and smoke from a nearby wildfire. According to the report, Sgt. Bruce Simmons was reluctant to reopen the interstate and warned Lt. John Gourley that poor visibility was likely to return. In a conversation recorded on Simmons’ in-vehicle video equipment, he told a deputy from a local Sherriff’s Office that his warning fell on deaf ears. Gourley allegedly ordered that the roadway be reopened because he believed keeping the interstate closed through the dark, unlit stretch of road also created a potentially hazardous situation for drivers. Gourley was reportedly concerned about creating secondary wrecks like those he had investigated in the past. Gourley was also allegedly concerned about a lack of suitable alternative routes for drivers. Department of Law Enforcement investigators stated Officer Gourley made the decision to reopen the interstate without any sort of proper formal training.

Although the Florida Forest Service and the Florida Department of Transportation reportedly supported reopening the roadway, the accident investigation report placed blame on the Florida Highway Patrol due to a lack of effective safety guidelines and procedures. The report stated troopers refused to share information that was vital to decision-making with one another prior to the pile-up accident. The investigation report also said troopers failed to adequately monitor conditions on the interstate after it was reopened. As a result, more than 12 passenger vehicles, six semi-trucks, and a motorhome crashed in six different pile-up accidents on the dark roadway. Several vehicles burst into flames. In addition to the dead, 18 people were hospitalized for their injuries.

The investigation report suggested that the Florida Highway Patrol adopt written and mandatory guidelines for reopening roadways when visibility is poor. It also suggested the state add signs along the interstate to warn drivers the roadway through the State Park may be hazardous. The Florida Legislature recently appropriated about $4 million to improve interstate warning signs in areas where visibility may be diminished throughout the state.
Read more “Report Says Florida Highway Patrol Erred in Reopening I-75 Before Deadly Gainesville Crash”

A study recently published by the Society of Automotive Engineers (SAE) found that driver misuse of turn signals contributes to approximately 2 million car crashes in Florida and elsewhere throughout the United States each year. The study found drivers fail to use their turn signals when making lane changes or leave their signals on after changing lanes about 48 percent of the time. It also found that one quarter of the time, American drivers do not signal before making a turn. This means U.S. drivers fail to properly use turn signals approximately 2 billion times every day.

Distracted driving such as talking, texting, using email, or even eating behind the wheel is a hot topic in the news lately. In April, United States Department of Transportation Secretary Ray LaHood called for federal legislation that would ban cell phone use while driving. Still, only about 950,000 U.S. accidents are blamed on distracted driving each year. That is less than half the number associated with misuse of turn signals.

The SAE turn signal study was reportedly the first of its kind. Police and other law enforcement officers allegedly tend to refrain from enforcing turn signal requirements and instead focus more on compliance with speeding and other laws. The author of the study report, Richard Ponziani, stated although turn signals are highly effective for communicating with other drivers and avoiding collisions, their lack of use has reached epidemic proportions. He also said drivers should view their duty to use turn signals in the same way they view their obligation to stop for red lights.

The SAE study suggested the use of smart turn signal technology may be useful in avoiding collisions. Ponziani said a turn signal that shuts itself off after a specified period of time or after detecting a lane change could be helpful to drivers and contribute to roadway safety. Additionally, a system that reminds drivers who regularly fail to use their turn signals may also aid in preventing crashes. According to Ponziani, incorporating smart turn signal technology into new vehicles may actually be cheaper than current turn signal mechanisms. He believes implementing such technology would not only reduce the nation’s accident rate, but may also make drivers more courteous.

Unexpected automobile accidents can happen at any time. If you or a loved one was hurt in a motor vehicle collision as a result of another driver’s inattention or carelessness, it is a good idea to contact a knowledgeable Florida car accident attorney as soon as you are able. You may be eligible to receive compensation for medical bills, pain, suffering, disability, lost wages, and other damages based on the severity of your injuries.
Read more “New Study Finds Failure to Use Turn Signals More Dangerous Than Distracted Driving in Florida, Nationwide”