South Florida Injury Attorney Blog

Millions of drivers could be driving on tires that are likely to blow out without warning due to a safety defect. Tire valve stem manufacturer Dill Air Control Products announced Dec. 9 that it is recalling millions of tires with the defective stems, which were sold with cracks. About 200,000 tires are implicated in the recall, but because the manufacturer doesn’t know which ones are which, about two million are included in the recall. The affected tires were sold between November of 2006 and July of 2007 and should have the word “DILL” stamped on the cap of the valve stem (the area where drivers inflate their tires). If you have these tires, you can visit the retailer that sold you the tires for a free inspection and possible replacement. Detailed instructions and more information are here.

Unfortunately, the recall comes after a blowout blamed on a defective valve stem claimed the life of a Florida man. According to Orlando television news station WESH, Robert “Chip” Monk died in 2007 when a tire on his car blew out unexpectedly on Interstate 75. Blowouts can cause motorists to lose control of their vehicles, especially at highway speeds, leading to a serious accident. Monk’s wife, Sara Monk, hired an attorney who traced the cause of the accident to a defective tire valve stem imported from China. Dill Air Control Products admitted to Monk’s attorney that it knew about the problems in the summer of 2007, but did not tell federal regulators or the public until May of 2008. Sara Monk has sued.

This story is a sad example of the tragedies that result when we trust cars and auto parts that turn out not to be so trustworthy. Even the most careful drivers can’t avoid serious accidents if they’re driving with vehicles or parts that betray them. And when manufacturers fail to report problems, due to embarrassment or concerns about profits, they betray their customers a second time. Federal regulators are charged with investigating defects and ordering a recall whenever necessary, but unfortunately, they cannot be everywhere. Even so, thousands of consumer products are recalled each year, including cars and trucks and their parts and accessories, such as child safety seats.

Because of the risk that manufacturers will choose profits over customer safety, Florida laws hold manufacturers strictly liable for injuries caused by safety defects in their products. A Florida defective products lawsuit holds manufacturers legally and financially liable for the injuries they cause, including wrongful deaths and permanent disabilities. It can also help compensate victims for the losses they’ve sustained, including financial injuries like repair costs and missed work, as well as emotional losses like the loss of a loved one’s love and care. If you or someone you love has been hurt by a defective product and you’d like to learn more, you can contact my firm, Cohn, Smith & Cohn, for a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , product defects

Bookmark:

A new study by the University of Utah confirms what Florida car accident lawyers have known all along: Talking on the phone while driving is more dangerous than talking to a passenger. The study used drivers between the ages of 18 and 26, using a sophisticated driving simulator that mimicked highway traffic conditions. The drivers were divided into three groups: Drivers using a hands-free headset to talk on the phone, drivers talking to a “passenger” in the next seat and drivers who didn’t talk at all. All three groups were instructed to leave the highway at a specific exit, and the talkers were asked to tell their conversation partners about a near-death experience they’d had.

The results: About half of the drivers who were talking on the phone missed their exits, while only one-eighth of those with passengers did. (The study found no substantial differences between drivers talking with passengers and silent drivers.) Speaking to the Washington Post, the study’s authors suggested that this could be attributed to “inattention blindness,” in which the brain literally cannot process as much visual information because it’s performing another cognitive task. In a separate press release, they also suggested that talking on the phone could limit a driver’s memory of which exit to take. And they pointed out that a passenger present in the car can drop or change the conversation to help the driver focus, which may also be a factor.

The state of Florida doesn’t currently have any laws forbidding drivers from talking on the phone, either with a handset or with a hands-free headset, although some lawmakers have considered it. But even if there’s no ticket or criminal penalty, talking on the phone while driving could still harm drivers involved in a Florida auto accident lawsuit. If research like this continues to show that drivers on the phone are actually impaired, it could be strong evidence in court that the driver was behaving carelessly or recklessly. And if that’s proven, drivers who were using a phone or other device during an accident could face substantial legal liability.

Perhaps even more importantly, hanging up the phone while you drive can help you avoid being part of a serious auto accident in South Florida. Car crashes cause deaths and very serious injuries, including brain damage, spinal injuries and serious burns that can cause lifelong scars. If hanging up for 30 minutes can help avoid these kinds of tragedy, I believe that’s a sacrifice worth making. If you or someone you care about was involved in a serious Florida auto accident caused by someone else’s carelessness, you have the right to hold that person legally and financially responsible for the results. For a free consultation with the experienced attorneys at Cohn, Smith & Cohn, please contact us today.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents

Bookmark:

Three Florida metropolitan areas top the list of cities where teenage drivers are most likely to crash during the holidays. A study released Dec. 3 by Allstate Insurance identified the top 10 deadliest metropolitan areas for teen drivers during the holidays, as measured by the number of teens who crash between Thanksgiving and New Year’s Day. The study used the insurer’s own claims data as well as federal crash statistics and data from the U.S. Census Bureau.

The results showed three Florida metro areas topping the list of the most dangerous cities. The Tampa-St. Petersburg-Clearwater area topped the list, followed by Jacksonville and then Orlando-Kissimmee. Other metro areas on the list included Kansas City, Birmingham, Ala., Phoenix and Las Vegas. By contrast, the safest city for teens to drive in during the holidays was Salt Lake City, followed by the San Francisco, Cleveland and Portland, Ore. metro areas. More details are available in MS Excel form here. Pointing out that traffic crashes are the leading cause of death for teenagers, Allstate called for teens to pledge to drive safely during the holidays and for states to adopt graduated driver licensing laws, if they have not already done so.

Allstate is right to be concerned about teen drivers, who have less experience than adult drivers with driving in general, alcohol and the challenges of driving in bad weather. But accidents during the holidays should be a concern for drivers of every age. Police agencies set up sobriety checkpoints on holidays for a reason; the probability of intoxicated driving goes up when drivers are going to holiday parties and taking time off work. Unfortunately, teens aren’t the only ones who make bad decisions about alcohol and driving. And when drivers of any age get behind the wheel after drinking (or using drugs), they’re running a substantially greater risk of being involved in accidents that can hurt or kill them and the innocent drivers around them.

As a Florida auto accident lawyer, I encourage drivers of all ages to take traffic safety seriously during the holidays, even if that means turning down one last drink or catching a ride home with someone else. Car and truck accidents can cause wrongful deaths and very serious injuries, including brain damage, severe burns and paralysis. Under those circumstances, it’s hard to feel merry. If you or someone you love has been hurt in a car crash you believe was someone else’s fault, Cohn, Smith & Cohn would like to help. Contact us today for a free consultation on your rights and your case.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents

Bookmark:

The Miami Herald reported an auto accident with an unusual twist: The accident spilled pesticides and rat poison all over the highway. The vehicle involved was a pickup truck, which rolled over for reasons not specified by the newspaper. The spill closed westbound lanes of Interstate 595 for an hour while workers cleaned it up. Fortunately, the man’s injuries were not life-threatening.

Those of us who live in South Florida have another reason to be thankful: The spill didn’t do any lasting damage to the environment or the roads we use every day. Under different circumstances, a spill of a toxic material like rat poison could become a major disaster. Toxic spills aren’t just harder to clean up; they’re also dangerous for everyone in the area, regardless of involvement with the accident. A spill involving the local water supply could make drinking water and farmland unsafe for weeks or longer, not to mention the effects on wildlife. Statistics on toxic spills are difficult to track down, but according to the Federal Motor Carrier Safety Administration, about 11% of accidents with large commercial trucks -- semis, tractor-trailers or 18-wheelers -- involve a spilled load of any kind.

It’s also worth noting that a rollover accident is surprisingly common for pickup trucks like this one. By now, most people know that SUVs are unusually likely to be involved in a rollover accident, even during normal driving. What you may not know is that pickups are right behind them in the rollover rankings, representing 27.8% of all fatal rollovers in 2006. (SUVs represented 35.1%.) Both are part of a category of vehicles the federal government calls “light trucks.” Rollovers are so feared because they expose drivers and passengers to very serious risks. In a rollover, vehicle occupants are thrown around the inside of the cabin, exposing them to brain and spinal injuries from the impacts, as well as puncture wounds from deformed or broken metal and glass. If they are not wearing seat belts, they may also be thrown from the vehicle, causing death or very serious injuries.

Traffic accidents are so common that many of us have forgotten just how dangerous they can be. Unfortunately, a car crash can be a life-changing event, killing its victims or causing brain damage, spinal injuries and other injuries that lead to permanent disability. If the accident was caused by another person’s careless behavior, victims have the right to hold that person legally responsible with a Florida auto accident lawsuit. The Pembroke Pines law firm of Cohn, Smith & Cohn has substantial experience with these claims, including claims for serious medical conditions. If you’d like to speak with us to learn more about your injuries and your legal rights, please contact us today to set up a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , large truck accidents

Bookmark:

The widow and three daughters of a North Miami Beach police officer killed in an auto accident won $8.07 million in a Florida auto accident lawsuit Dec. 6. As the Miami Herald reported, the lawsuit stems from an accident that took place in the summer of 2004 here in Pembroke Pines. The victim was driving west on Pines Boulevard when a young woman on a side street ran a stop sign. To avoid hitting the other car, the victim swerved, landing in a drainage ditch by the side of the road and crashing into a palm tree. He was thrown from the vehicle and died in the hospital seven days later.

The victim’s family sued the other driver for her negligence in running the stop sign. It also sued the Florida Department of Transportation for adding a drainage ditch and royal palm trees by the side of a road where the speed limit exceeded 50 mph. This violates FDOT’s own safety rules, the suit claimed. At trial, the jury apportioned 55% of the blame for the accident to the young woman and 15% to FDOT, leaving 30% of the fault for the victim himself. The original jury award of $11.5 million was thus reduced by 30%, to $8.07 million.

This case is a good reminder that the causes of Florida auto accidents sometimes go beyond mistakes by the humans behind the wheel. Accidents caused by bad roads are rare compared to accidents caused by bad driving, but they absolutely do happen. Roadways may be defectively designed if they offer drivers an insufficient view of other vehicles, don’t contain needed traffic signals or have other problems, as in this case. They can also be defectively maintained because of weather, debris, construction or other hazards left in the road for an unreasonably long time. In either case, the culprit is not the other driver but a state, local or federal agency, which may have substantially more resources than most drivers.

Florida wrongful death lawsuits are hard, because no amount of money can truly compensate a family for the loss of a loved one. But financial penalties are how the civil courts punish serious wrongdoing, including wrongdoing that takes a life. Many times, survivors also face many practical financial problems in the wake of a death, including the unexpected loss of an income, steep medical and funeral bills and other costs they never planned for. And of course, a Florida auto accident lawsuit also allows victims to claim compensation for emotional injuries caused by the sudden and irretrievable loss of someone they loved. If your family has been victimized in this way and you’d like to learn more, please contact Cohn, Smith & Cohn today for a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents

Bookmark:

A family in the Tampa area is upset after employees of the dealership that was supposed to repair their car got it involved in an auto accident in St. Petersburg. Tampa Bay’s WTSP reported Dec. 10 that the Fisher family is asking for a new car after Crown Honda dealership employees involved their Honda Civic in an accident while test driving the vehicle. The family had brought in the car to investigate a “check engine” light and signed a standard form allowing the dealership to test drive it. That’s what the dealership says it was doing when another driver ran a red light and smashed into the car, doing $7,000 worth of damage.

No injuries were reported, fortunately, and the article does not suggest that the dealership employees were at fault for the crash itself. However, on hearing about the accident, the family immediately noticed that the time of the accident was 10:21 p.m. Asked what the employees were doing with the vehicle so late, the dealership admitted that they took it to an after-hours flag football game, to check for problems as they drove. The dealership says it frequently sends technicians home with vehicles in for repair, in order to see if they can reproduce the reported problems, and that it notifies its customers when it does this. The Fishers claim they got no such notification.

Regardless of the legalities, full disclosure seems like the best policy if dealerships plan to take repair cars out after hours. But depending on the circumstances, the dealership might also be liable in any Florida auto accident lawsuit the Fishers choose to file. The article notes that the mother of the family signed a waiver authorizing a test drive -- but she doesn’t feel that the 10 p.m. football trip counts as a test drive. A jury might agree, especially if the language of the waiver was misleading or there’s evidence that “test drives” generally take place during business hours. It’s hard to say without more information than the article could provide.

However, what is clear is that the Fishers still have a claim against the driver who ran the red light. In Florida and other states, it doesn’t matter whether the car is borrowed; a driver who causes an accident is still liable for any damage and injuries. If the at-fault diver is uninsured, victims may still be covered by their own UM/UIM or comprehensive auto insurance, even if none of the insureds were driving. If insurers refuse to pay these legitimate claims, Cohn, Smith & Cohn can help accident victims file a Florida auto accident lawsuit to claim the settlement that’s rightfully and legally theirs. If you’re in this situation and would like to speak to an experienced Florida attorney about your options, please contact us to set up a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , insurance coverage

Bookmark:

A medical study published in the Archives of Ophthalmology found a link between Florida's mandatory vision tests for older drivers and fewer fatal car crashes. According to MedPage Today, doctors from the University of Alabama found a 17% decline in fatal crashes involving drivers age 80 and older in Florida, after a 2004 law required them to take a vision test every time they renew their licenses. Statistically, older drivers are involved in more collisions per miles traveled, and they are a fast-growing group, both in Florida and nationwide.

The study used data from the National Highway Traffic Safety Administration, a federal agency that studies traffic accidents nationwide, to compare Florida car crash fatality rates from before (2001-2003) and after (2004-2006) the law took effect. To rule out confusion caused by population changes, they adjusted their results for age, race and sex. They also compared the Florida numbers to numbers in Alabama and Georgia, neither of which had a similar law during the time period under study, and neither of which showed a significant change in fatal accidents involving older drivers.

The researchers found that while overall Florida car crash fatalities actually increased 6% after the vision testing law took effect, fatalities involving drivers 80 and older declined 17%. However, they did not find that the law had directly caused the decline in fatalities. The study noted that only 6.7% of the older drivers had their license renewal denied for any reason, including passing the vision test. Other possible explanations the researchers identified for the decline:
• More than three-fourths of the drivers who failed got vision care that helped them pass when they retook the test.
• Drivers who knew they would not pass could have declined to take the test at all.
• Human testers may have identified problems not related to vision in some drivers.
• The results may have been part of a larger trend unrelated to vision testing.

The article notes that other research has suggested older drivers may have other medical or cognitive problems contributing to their higher rate of accidents.

Mandatory testing for older drivers is a sticky subject in Florida, given our population of older folks and retirees. I am sympathetic to the idea that there's a fine line between sensible public safety measures and age discrimination. As the article notes, more research is needed to definitively identify what causes the statistically higher accident rates for older drivers -- not just the factors that correlate with it. Taking away a person's driver's license should not be done lightly, given the very real issues of practicality and self-sufficiency that it raises.

However, a decline in fatal accidents in any group is something to cheer -- especially if it goes against the overall trend, as in this case. As a Florida auto accident lawyer, I have personally seen that car crashes cause wrongful deaths, brain damage and other life-changing injuries. If this law does nothing else but identify folks who need to get new glasses or contact lenses, it's still a good law. If research turns up evidence that people from all age groups could benefit from mandatory vision testing, or that older folks should have a different kind of intervention, I would support laws on those as well.

If you've been seriously hurt or lost a loved one in a car accident in South Florida, please contact my firm, Cohn, Smith & Cohn, for a free consultation on your rights and your case.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents

Bookmark:

The Tampa Bay Tribune recently ran a truly tragic story about a fatal pedestrian accident in St. Pete Beach. A man and his wife were walking to the store when they were hit by a van that swerved onto the sidewalk for no obvious reason. The man survived; the woman died, leaving behind her husband and three children, as well as a mother in the Tampa area. Blood testing showed that the driver of the van had four prescription drugs in his system, including Valium and Xanax. He told police that he was not under a doctor's care. But after two doctors decided that the levels of the drugs in his system weren't high enough to impair him, the prosecutors in the case declined to charge the driver with any crime. He has received only a ticket for reckless driving.

I can only imagine how difficult it must be for this family to live with this situation, and to accept the prosecutor's decision in this case. My heart goes out to them. I am not a criminal lawyer and it would be inappropriate to judge the driver's criminal culpability, especially since the article couldn't have included all of the relevant facts. But as a Florida wrongful death attorney, I do know that sometimes the civil courts can do a job that the criminal courts cannot or will not. Families may not be able to file criminal charges over a prosecutor's objections, but they do have the right to pursue a wrongful death lawsuit.

A wrongful death lawsuit cannot bring victims of a wrongful death back, although we wish it could. Instead, it seeks to hold wrongdoers legally and financially responsible for their actions. By taking them to court, families who have lost a loved one unexpectedly can hold wrongdoers accountable under the law and sometimes prevent other families from experiencing the same loss and anguish. They can also help to replace an income unexpectedly lost, and the cost of household help, like baby-sitters, that might be necessary if the victim is a young parent, as in this case. And finally, a Florida wrongful death lawsuit also allows victims to claim compensation for the loss of their loved one's care, companionship, love and other emotional benefits.

Because a lawsuit isn't seeking to put anyone in prison, the burden of proof is lower in a wrongful death lawsuit than it would be in a criminal case. That means families may file a wrongful death claim even when there is no criminal prosecution, as in this case -- although families can and frequently do pursue both kinds of case. If you've lost someone you care about through another person's carelessness or illegal behavior and you’d like to learn more about your options, my firm, Cohn, Smith & Cohn, would like to help. Contact us today for a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , wrongful death

Bookmark:

A woman in the Orlando area was killed in late October when she was hit by a man in an SUV. According to the Orlando Sentinel, the victim and her husband were riding across the Granada Bridge in marked bike lanes when she was struck from behind by the driver. Her husband was not injured and the driver stopped at the scene.

With so many people seeking alternative transportation in this time of rising gas prices, this sort of accident bears attention. It's worth noting that the victim was in the bike lane -- right where she was supposed to be -- and that she was struck from behind. According to a study of Orlando-area bike accidents (PDF) by a partnership of regional transport agencies, only 5% of fatal bicycle accidents happened when the cyclist was in the bike lane, and even fewer were rear-end accidents. Judging only by this very short article, it looks like the problem was in the SUV.

Finding the correct lane and staying in it protects everyone -- car, truck, motorcycle, bicycle and pedestrian -- from serious accidents. The difference is that bicyclists don't have heavy gear, seatbelts or airbags to protect them. They still have the responsibility to take care -- the Orlando study notes that intoxication and lack of lights at night are factors in multiple cyclist fatalities -- but drivers have a responsibility to take care too. Florida has generous bicycling laws that require drivers to leave three feet at the side of the road for cyclists, not counting gutters, and allows them to cross a center line to do it. Sharing the road in this way only takes an extra moment and could prevent a deadly accident like this one.

If you were hurt in a bicycle accident with a careless motorist, you have the right to hold that person responsible for the results -- medical, financial and personal. The Florida bicycle accident lawyers at Cohn, Smith & Cohn can help. To learn more about your legal options, please contact us today for a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , bicycle accidents , wrongful death

Bookmark:

A bereaved husband insists that "road rage" was responsible for his wife's fatal motorcycle crash in Volusia County Oct. 18. Susana Marques of Caracas, Venezuela was visiting our country as part of the Latin American Motorcycle Association. According to the Daytona Beach News-Journal, they were on their way to a Biketoberfest event in Deltona, riding in a group of about 50, when a woman in an SUV entered the bikers' lane, forcing Carlos Marques to hit the brakes. He and his wife were thrown from their bike. Susana Marques died at a hospital later; Carlos Marques was injured.

The road rage allegations pit the club against the Florida Highway Patrol. The bikers say the woman in the SUV repeatedly cut into their lane, intentionally forcing them to brake; the FHP claims the cause of the accident was the lack of time Carlos Marques had to brake. In my opinion, as a long-time motorcyclist and an experienced Florida motorcycle accident lawyer, the FHP's statement is a bit like being told a death was caused by the victim ceasing to breathe. He clearly didn't brake in time -- the question is why. The motorcycle club rides with video cameras that may hold the answer to that question, fortunately.

The FHP also pointed out that the bikers were riding in the left lane in violation of Florida law. While this might be an explanation for the road rage the club alleges, it is in no way an excuse -- particularly since that law is not consistent across the United States and routinely ignored even by Floridians. Intentionally cutting someone off is a dangerous and irresponsible way to drive. When it causes a death or a serious injury, it might also be a crime. My heart goes out to the Marques family and the entire club.

Bikers are generally sensitive about aggressive behavior by drivers of cars, trucks and SUVs, and there are good reasons for it. One is that a motorcyclist will almost always sustain the more serious damage in an accident with a car, simply because of the weights of the vehicles and the biker's lack of a steel cage. The other is that some drivers really do have a personal problem with motorcycles, because of outmoded stereotypes or misconceptions about how the law applies to bikes. But neither is an acceptable reason to use your car as a weapon. If you're a biker who's been seriously hurt in an accident with an irresponsible cage, you may be able to win compensation for your injuries and costs. Contact us at Cohn, Smith & Cohn to discuss your accident and your legal rights.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , motorcycle accidents , wrongful death

Bookmark:

This week (Nov. 10-16) is Florida Spinal Cord Injury Awareness Week, and the South Florida Sun-Sentinel noted the date with an inspiring article on former auto racer Darrell Gwynn. Gwynn, a National Hot Rod Association champion and son NHRA champion Jerry Gwynn, was paralyzed in 1990 in a racing accident. He also lost his left arm in the crash.

However, Gwynn declined to let his injuries stop him from living his life. After spending more than six months in hospitals and eventually recovering from his accident, he took on the responsibility of managing his racing team. In 2002, he started the Darrell Gwynn Foundation, a nonprofit organization for people with spinal injuries. In addition to providing wheelchairs and other medical equipment to those who can't afford them, the foundation helps to fund research to cure spinal injuries and teaches young people how to avoid a serious spinal injury. In fact, it was the foundation that successfully lobbied our state legislature to recognize Florida Spinal Cord Injury Awareness Week.

Gwynn told the Sun-Sentinel that he has two great passions in his life: racing and fishing. He combines those passions by helping to run the Hot Rods & Reels charity fishing tournaments, two Florida events that bring together recreational anglers with NASCAR drivers. One, at Homestead-Miami Speedway, will take place this Saturday, Nov. 15. The funds it raises benefit the Darrell Gwynn Foundation as well as Speediatrics, an organization that aims to ease children's stays at two Florida hospitals by adding racing themes to their children's wards.

Spinal cord injuries are extremely serious, life-changing injuries. The spinal cord is an essential part of the human nervous system, and when it's damaged, the victim can be partially or completely paralyzed. That means becoming wheelchair-bound, relearning some of the most basic tasks of life, and sometimes having to change or abandon a career. It also means lifelong medical care and a higher risk of certain medical problems. If the injury was caused by someone else's carelessness, victims can and should hold that person legally responsible for the results with a Florida spinal cord injury lawsuit. If you'd like to speak with an experienced Florida attorney about making this type of claim, please contact my firm, Cohn, Smith & Cohn, as soon as possible for a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , spinal injuries

Bookmark:

A worker helping to widen the Florida Turnpike was hurt recently in an unusual accident with a vehicle that failed to slow. According to the South Florida Sun-Sentinel, the worker was standing in the northbound lanes when a pickup truck in the southbound lanes slammed into the concrete median. The impact threw a sign leaned against the median on the northbound side into the worker's legs, causing a compound fracture. Fortunately, no one was killed.

As I wrote here in September, Florida is not seeing enough compliance with our Move Over Law, which requires driver to slow down substantially, and move over a lane when possible, when emergency vehicles are at the side of the road. Construction crew members are not emergency workers, but the principle is the same. Indeed, FHP Lt. Roger Reyes told the Miami Herald that this accident illustrates the importance of slowing down for people at the side of the highway. That includes ordinary folks dealing with a flat tire or another emergency. It's a small courtesy that makes a big difference to the people on the side of the road and possibly also to you.

As a Florida auto accident lawyer, I also noted with interest that the driver of the pickup truck was cited for careless driving and for driving with a suspended license. When my clients tell me about their conversations with auto insurance companies, they often mention that the claims agent asked if anyone at the accident got a ticket, or was cited or arrested. They're interested because a ticket shows that the police thought there was careless, reckless or illegal behavior involved in the accident, and that makes it easier to determine who was at fault. It can also be an important factor in a Florida car crash lawsuit.

Car wrecks can be devastating, causing deaths and permanent brain damage, paralysis, severe burns and other life-changing injuries. If you were hurt in a crash caused by someone else's careless behavior, you have the right to sue that person for financial compensation for your costs and your injuries. To learn more about your rights as an accident victim, you can contact our firm, Cohn, Smith & Cohn, for a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents

Bookmark:

The South Florida Sun-Sentinel ran a short article recently on a jury's award to a woman who was involved in an accident with an uninsured driver. According to the article, the plaintiff in the case was rear-ended by an uninsured driver on Military Trail in West Palm Beach, causing neck and back injuries. The plaintiff had uninsured motorist insurance, but according to the article, her insurer refused to pay that part of her claim, making a settlement offer her lawyer called "exceedingly low." Instead of accepting that settlement, which would have barred any more payments from her insurer from the accident, the plaintiff filed a lawsuit against her insurance company and recovered far more.

This story underscores one of the most basic and important tenets of Florida auto accident litigation: Do not trust the insurance company. Insurance companies, like all businesses, like to avoid spending money, and paying a claim from a serious accident costs serious money. For some victims, that means the insurer will find weak or trumped-up reasons to deny their claims, even if they've faithfully paid their premiums and even if they clearly have the coverage. Uninsured/underinsured motorist claims are especially notorious as likely candidates to be unfairly and illegally denied, especially if it was a hit-and-run driver, who legally counts as an uninsured driver but frequently is not treated as one.

This is an especially big problem because uninsured motorists are unlikely to have enough money to pay the costs of the accident themselves. It doesn't help that the uninsured or hit-and-run driver is often at fault for the accident, as in this case. The victims of these accidents are essentially victimized twice in this situation -- once by the careless drivers who hit them and again when their insurance company breaches its own contract. Often, they have no choice but to file a Florida car crash lawsuit to recover the money they need to pay for medical treatment, car repairs and other costs of the accident.

While I am pleased that Florida juries see through insurers' dirty tactics, I'm disappointed that drivers are continually forced into court to get what they're legally owed. A car wreck is already a traumatic, expensive and sometimes life-changing experience; victims don't need to fight red tape too. If you were hit by an uninsured, underinsured or hit-and-run driver in South Florida and you're facing this situation, you have rights. Contact our firm, Cohn, Smith & Cohn, for a free consultation to learn more about them.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents

Bookmark:

A recent article in the Tampa Bay Tribune explores in detail one of the ugliest statistics about our state's traffic safety: In 35% of Florida car accidents, someone leaves the scene without stopping, according to 2006 numbers from the state Department of Highway Safety and Motor Vehicles. By contrast, the National Highway Traffic Safety Administration reports that California, another high-population state, had a hit-and-run rate of just 18% in 2002.

The article goes into detail, following one of St. Pete's two police investigators who work on hit-and-run accidents. The author, Jeff Klinkenberg, goes into detail about some of the trouble a hit-and-run can cause even in accidents that only cause property damage: High expenses for repairs that you didn't cause or expect. When an injury or a death is involved, both the costs and the feeling of betrayal are multiplied significantly. And despite what some Florida drivers seem to think, leaving the scene of an accident is always a crime, even if it only caused property damage. If the perpetrator is caught, he or she can expect higher insurance rates and points on his or her license; criminal charges are certain if there was a death.

According to the article, people leave the scene mainly out of fear of getting caught for other crimes, including driving drunk, driving on a suspended license, not having insurance or unrelated crimes. Younger drivers may be concerned about getting in trouble with their parents, while very elderly ones might truly not have noticed the accident. But as you know, none of these are excuses. In fact, they can make the consequences of a hit-and-run much worse if the perpetrator is caught. As with so many things, honesty is the best policy in auto accidents.

Because I work every day with Florida auto accident victims, I see firsthand the effects of drivers' irresponsible decisions to leave the scene of an accident. In addition to sticking victims with the repair and medical costs and betraying their trust, it can also cause problems with insurance coverage. If you or someone you love is a victim of a careless Florida driver who hit a vehicle and kept going, you have the right to help and answers. Contact my law firm, Cohn, Smith & Cohn, for a free evaluation of your case.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents

Bookmark:

If you have been reading the news in South Florida recently, you have probably read allegations that a firefighter on the scene of a bad automobile accident stole the severed foot of a victim. According to the South Florida Sun-Sentinel, the firefighter was among those responding to the scene of an accident on I-95 in Port St. Lucie, in which a man lost control of his pickup truck and eventually crashed into a tree. His foot was severed in the accident. The normal procedure is to bring a severed limb to the hospital if there's a chance that it can be reattached, the paper reports, but in this case, it didn't find its way to the hospital until Wednesday. The firefighter is currently under investigation by her own fire department and the Florida Highway Patrol.

While I cannot imagine why someone would do this, it's almost beside the point. Even if this firefighter had good reasons for her actions, she has exposed her county to a ton of legal liability. Judging solely by the facts in the article, the county government had nothing to do with the original accident. If the victim in any Florida accident is mostly or entirely responsible for his own injuries, Florida law would reduce the amount of money he could win by the percentage of fault he bears. That is, if a jury decides he is 90% at fault, he can only collect 10% of any judgment he wins in a Florida car crash lawsuit. (Needless to say, this is just an example; I do not have all of the facts a jury would use to determine this.)

Normally, that would be the end of it. But because this firefighter interfered in a fairly unusual way, she has put herself and her department in danger of becoming defendants in a different sort of lawsuit -- one over her interference with his right to his own foot. And because county governments tend to have much more money than individuals, they make attractive defendants. If there was any chance that the foot could be reattached, this man has a major claim, of course. But even if there was not, he and every other Floridian has the right to make decisions about his own body and property.

Amputations are not the most common injury from a car or truck accident, but as you can see, it's far from impossible. Serious auto accidents can be brutal, leaving victims disabled by spinal damage or brain damage, severe burns or other catastrophic injuries. If you've been hurt in an auto accident by someone else's carelessness, including the carelessness of government agencies, you have the right to hold those people responsible for the results.