Articles Posted in Motor Vehicle Accidents

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Florida has one of the worst track records for safety of its bicyclists and pedestrians. Talking to a Palm Beach injury lawyer as soon as possible following bicycle accidents or pedestrian accidents is important to begin building a case that maximizes your chance of obtaining fair compensation against the negligent drivers who inflicted harm. Palm Beach injury lawyer bicycle accidents pedestrian accidents

Of the 394,000+ crashes reported in Palm Beach County last year, 10,300 were pedestrian accidents and 8,400 were bicycle accidents, according to the FLHSMV. Of the 3,400 people who died in Palm Beach traffic crashes in 2023, bicyclists comprised 227 of them, while pedestrians accounted for 790. Bicyclists and pedestrians are far more likely than other road users to be seriously hurt or killed when they’re in a crash (compared to other motorists). It’s also exponentially more likely that the drivers involved in pedestrian and bicycle accidents will leave the scene in a hit-and-run.

Investigators conclude a myriad of causal factors in these cases, including distracted driving, speeding, failure to yield or impaired driving. But almost always, it comes down to driver error. And even if the bicyclist or pedestrian was partially at-fault, they can still pursue compensation, so long as their percentage of comparative fault doesn’t exceed 50%. (Even if a bicyclist or pedestrian is half responsible for the accident, they can still collect damages on the other 50% from the at-fault driver – which can be a substantial sum considering how many result in serious consequences like traumatic brain injury, spinal cord injury, broken bones and internal organ damage.)

Avenues of Compensation in Florida Bicycle Accidents and Pedestrian Accidents

Injured bicyclists and/or pedestrians have a few potential avenues they can pursue for compensation.

The first is PIP, or personal injury protection coverage. As outlined in F.S. 627.736, is no-fault protection that provides up to $10,000 in coverage (80% of medical bills and 60% of lost wages up to that $10,000), regardless of who was to blame. The nice thing about PIP is you don’t have to prove negligence. You may be able to collect PIP from the driver’s policy or your own. Even though you weren’t in a car at the time of the incident, your own PIP car insurance will likely still consider the incident a coverable offense if you were struck by a motor vehicle. Continue reading

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Passengers injured in West Palm Beach car accidents may have multiple avenues of pursuing compensation, depending on who was at fault, how serious their injuries were and the type of insurance coverage available. One of those avenues is against the driver of the vehicle they were in. West Palm Beach car accident lawyers

Florida car accidents are unfortunately an everyday occurrence. Nearly 400,000 were reported statewide last year, more than 26,000 of those in Palm Beach County, according to the Florida Department of Highway Safety and Motor Vehicles. In Florida, more than half of all fatal vehicle crashes involve a single vehicle. As most crashes are caused by driver error, passenger claims against drivers are fairly common.

If a passenger is injured due to the negligence of the person driving, they can file a claim for financial compensation to help with hospital bills, lost wages, etc. However, as West Palm Beach car accident lawyers, we’re aware that sometimes passenger plaintiffs are hesitant to do so if the driver is someone close to them – relative, friend, colleague, etc.

If this is how you’re feeling, here are a few things to consider: Continue reading

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As West Palm Beach personal injury lawyers, we recognize that cases involving rear-end collisions are not only some of the common, but sometimes the most serious. It’s important to understand why they happen, the typical injuries they cause, who is usually liable and what civil claims could be worth.West Palm Beach personal injury lawyer rear end crashes

Our goal here is to ensure clients – and even potential clients – understand the basics so they’re better empowered to navigate the aftermath and seek appropriate compensation.

What Causes Rear-End Crashes

Rear-end collisions occur when the front of one vehicle strikes the back of another.

According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes account for 29% of all crashes and result in a substantial number of injuries and fatalities every year. Rear-end collisions in which the lead vehicle is stopped or moving very slowly prior to the crash account for most of these cases.

Common factors cited in rear-end crashes include:

  • Distracted driving. The leading cause of rear-end crashes is driver distraction. This includes texting, talking on the phone, eating, or any activity that diverts attention from the road.
  • Tailgating. Following too closely behind another vehicle reduces the reaction time needed to avoid a collision if the car in front stops suddenly.
  • Speeding. Higher speeds decrease the amount of time a driver has to react to sudden stops or changes in traffic flow, increasing the likelihood of a rear-end collision.
  • Weather conditions. Poor weather conditions like rain, fog, or ice can make it harder to stop quickly, leading to more frequent rear-end accidents.
  • Sudden stops. Unexpected stops by the lead vehicle, whether due to traffic signals, pedestrians, or other obstacles, can result in a rear-end crash if the following driver is not paying close attention. (That doesn’t mean the rear driver isn’t responsible. They are expected to anticipate the possibility that the driver ahead of them will make sudden stops and maintain an assured, clear distance.)
  • Mechanical failures. Brake failures or other mechanical issues can also cause rear-end collisions.

Injuries That Result From Rear-End Crashes

Injuries in rear-end crashes can range from minor to severe, depending on the speed of impact and other factors. Continue reading

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As West Palm Beach car accident lawyers, we’re closely familiar with the outsized danger posed by side impact collisions. Even though side impact crashes tend to be less common than front impact crashes, they tend to be much more serious. Determining fault requires analysis of right-of-way, traffic signals, speed, and road conditions (inclement weather, debris, low visibility, etc.). Other factors include driver impairment and distraction and whether the injured person was wearing a seatbelt. Palm Beach car accident lawyer explains fault in side impact collisions

Side impact collisions are a type of motor vehicle crash where the side of one or more vehicle is impacted.

Sometimes referred to as T-bone accidents, we often see these at intersections, parking lots, and in scenarios where two cars or other vehicles pass each other on a multi-lane road.

Why Side Impact Crashes Are So Serious

According to a 2016 study, side impact collisions accounted for about 30 percent of total crashes, but 35-45% of passenger fatalities and serious injuries, compared to 55% in head-on collisions. Even in newer, safer cars and at lower speeds, side impact crashes still tended to have higher injury rates.

Factors that can make side impact collisions more serious:

  • Fewer built-in protections. When a car is struck head-on or even in a rear-end crash, both the driver and passengers have greater distance and structural protection from the point of initial impact compared to a side-impact crash – particularly for those on the side that is struck directly.
  • More vulnerable body parts impacted. Most rear- and front-impact crashes tend to result in serious injuries to the legs and feet, while side impact crashes tend to hit the chest and head harder.
  • Minimal avoidance action. A driver who is struck on the side by another may not even see the other car coming – and therefore may take little evasive/avoidance action to minimize the crash.
  • Vehicle size disparity. More than half of all new vehicles purchased in 2021 were SUVs. Anytime passenger cars collide with light trucks or SUVs, it’s former that usually sustains the greatest damage – regardless of which was the striking vehicle. But when a smaller vehicle is struck on the side by a larger vehicle, the damages tend to be very significant.

According to one study by the Association for the Advancement of Automotive Medicine, rear seat occupants were most likely to suffer the most serious injuries in side impact crashes. Continue reading

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Florida is one of the deadliest places in the U.S. to travel by foot. In a single recent year, there were more than 10,000 pedestrian accidents in Florida – 765 of those fatal. Palm Beach pedestrian accident lawyer

In a recent national analysis of pedestrian accidents by the Governors Highway Safety Commission, researchers reported that among pedestrians 16 or older killed in crashes involving a motor vehicle, nearly one-third of the pedestrians had a blood-alcohol concentration of 0.08% or greater. By comparison, 19% of pedestrian accident fatalities involved a driver who was drunk.

To be clear: Only one of those is against the law. As long as someone isn’t underage or disorderly, it’s not  illegal to walk in public while impaired. In fact, walking home (versus driving) is considered a smart choice for those who have been out imbibing.

It’s true that drunk pedestrians may be more prone to violating certain traffic safety rules. But their impairment alone is not evidence of negligence. Even if they did err, they’re unlikely to hurt anyone but themselves. That’s why drivers still bear the brunt of the responsibility. Even if pedestrians do make a make a misstep, that does not mean they cannot file a Florida pedestrian accident lawsuit (or that their survivors cannot file a wrongful death pedestrian lawsuit).

As our Palm Beach personal injury lawyers can explain, the impairment of a plaintiff pedestrian can be used by the defense as evidence of comparative fault in a lawsuit. However, it doesn’t absolve the driver of liability for their own negligence.

Unfortunately, the issue of comparative fault in Florida injury cases has become a much bigger sticking point in recent years, thanks to recent legislative changes. So if you are a pedestrian who was injured while impaired, it is important to hire a personal injury lawyer who knows the proof burden you’re facing — and how to effectively push back on those claims of comparative fault.

Changes in Florida’s Comparative Fault Law

Up until fairly recently, Florida was a pure comparative fault state with respect to negligence claims. Continue reading

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Most Palm Beach car accident injury claims do not go to trial. Palm Beach car accident lawyer

Of course, every case is different. If your Palm Beach car accident lawyer has taken the step of filing a personal injury lawsuit on your behalf, there’s always a chance it will wind up before a jury. But even then, it’s unlikely.

Most Florida car accident cases are actually resolved without the need for litigation (filing a lawsuit) at all. Hiring a South Florida personal injury lawyer doesn’t make the prospect of a lawsuit or trial any more likely. Actually, we may be able to minimize the chance of a courtroom confrontation because we’re adept at negotiating effectively with insurance companies to fight for fair outcomes for our clients. Often the sooner we are brought onto a car accident case, the better the odds we can resolve it without going to court.

Still, we approach every case as if that’s a possibility. From the very outset, we’re meticulous in our investigation, evidence-gathering, researching, interviewing eyewitnesses and consulting with expert witnesses. We’re never bluffing to insurers about our preparedness to escalate to the next level if necessary. But trial is not a common – or even preferable – outcome for most parties involved, usually. If we can settle car accident claims fairly without filing a lawsuit – and especially without going to trial – that’s typically our aim.

Why Palm Beach Car Accident Cases So Rarely Make it to Trial

Some of the reasons why your Palm Beach car accident case is unlikely to go before a judge and jury: Continue reading

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South Florida has a reputation for being somewhat risky. It’s got a plethora of alligators, firearms and hurricanes. But as it turns out, one of the riskiest things you can do here is take a stroll. West Palm Beach pedestrian accident lawyer

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are an average of more than 9,300 pedestrian accidents in this state every year. As a result of those, more than 5,800 pedestrians are injured (more than 1,360 of those injuries are serious), and nearly 800 die. Risky driver behaviors, such as speeding, drunk driving, and distracted driving, contribute to these incidents and have been on the rise.

From 2010 to 2021, the pedestrian death rate in Florida rose nearly 80%, while other types of traffic fatalities increased by 25%. Florida has the third-highest rate of pedestrian deaths nationally in 2021. (In some recent years, it’s ranked No. 1.) That same year, state lawmakers passed a measure requiring the state driver education test to include a minimum of 25 questions on pedestrian and bicyclist safety.

Continue reading

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For the majority of adult working Americans, driving is a means to work — and a means for work. This is true despite the rise in remote work in recent years. If you are involved in a Palm Beach car accident while driving for work – or are hit by someone who was driving for work – there may be additional legal considerations for any subsequent personal injury claims.Palm Beach car accident attorney

The U.S. Census Bureau reports that 79% of Floridians commute to work by car each day, and the average commute time increased from 25.6 minutes in 2021 to 26.4 minutes in 2022. During that same time, the percentage of people working from home went from 18 percent to 15.2 percent.

The U.S. Bureau of Labor of Labor Statistics reports that among civilian jobs, approximately 30 percent require driving some type of vehicle for work. About 21 percent drive passenger vehicles, while 9 percent some type of commercial vehicle, such as a tractor-trailer or construction vehicle. Some occupations, such as trucker, delivery person or policing, primarily involved driving.

As our Palm Beach car accident lawyers can explain, when a car crash occurs involving someone who is working, viability of legal claims may depend on:

  • Whether the driver was an employee of the company (as opposed to an independent contractor).
  • To whom the vehicle belonged.
  • Whether the individual was actively engaged in a work-related function at the time of the crash (as opposed to simply commuting to or from work).

The reason this is important to investigate is that when an employer can be held accountable for a crash, there is a greater potential for higher damages. That’s because employers tend to carry higher liability insurance for their employees than those people would as individuals. Continue reading

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Millions of residents, vacationers, and business visitors in Florida rely on ridesharing services like Uber. The company itself reports contributing $1.1 billion in gross state product to Florida’s economy – and that doesn’t even include the UbeEATS branch of the business. But those who rely on Uber and other rideshare services should understand how the state’s new comparative fault standard may impact their Palm Beach personal injury claims.

Let’s start by explaining what comparative fault is, and how it’s changed in Florida in the last year.Florida Uber accident lawyer Palm Beach

Comparative fault in principle is the idea that everyone should be responsible for his or her own wrongdoing. So if you’re injured in a car accident caused by a drunk driver but your injuries were exacerbated by the fact that you were speeding, the drunk driver would not necessarily be 100% liable to pay for your damages. A finding of comparative fault proportionally reduces damage awards to whatever extent the plaintiff is responsible for their own injuries. So if there is a finding of 20% comparative fault due to your speeding, you can only collect up to 80% of your total damage awards.

Different states have different rules about how comparative fault is applied. Prior to last year, Florida followed a pure comparative fault model. That means that even if you were 99% at fault for your own injuries, you could still collect the remaining 1% of damages from the other at-fault party. Obviously that wouldn’t be an ideal scenario, as it would dramatically reduce your damage award. But the idea with a pure comparative fault model is that a person who is 45% responsible for causing an accident shouldn’t be off the hook completely simply because the person hurt was 55% responsible. Continue reading

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Reckless drivers have caused damage and death on our roads as long as there have been motor vehicles. Although Palm Beach car accident lawyers can attest it had been getting safer in recent decades, we’re now in the midst of one of three historically huge spikes in U.S. traffic deaths. Palm Beach car accident lawyers Florida roads getting deadlier

As detailed in a recent analysis by The New York Times, the first uptick occurred early in the 20th century, when cities were first flooded with large numbers of new, unskilled drivers. The second occurred at the midcentury mark, with the unveiling of the freeway system and powerful vehicles that could go from 0 to 60 mph in mere seconds. Nearly 51,000 traffic deaths were reported in a single year in the 1960s, rivaling the number of U.S. soldiers killed in combat during the entirety of the Vietnam War.

From 1972 to 2011, traffic deaths started declining. Vehicles got safer. The government began requiring stronger roofs and doors. Seat belt laws were passed. Airbags became standard. Medical advances were made. Crashes that would have killed people in the 1960s now only result in a broken leg. Accountability for bad driving behavior, like DUIs and later cell phone use, got more stringent. Young drivers were required not only to pass driver’s education courses, but also to complete graduated driver’s license schedules before being granted a full license.

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