Car Accidents

Rear End Collision Creates Rebuttable Presumption, Not Immune From Challenge

January 30, 2018 | by David J. Halberg, Esq.

Courts in Florida have established a legal concept known as “rebuttable presumption” when it comes to rear-end collisions. The rebuttable presumption is that if a vehicle strikes another from behind, the rear vehicle was presumptively negligent, though that can be rebutted. There are some specific exemptions to the rule, and motorists filing claims should pay attention to these. car accident lawyer

This rebuttable presumption can make it easier for plaintiffs in these cases to prove liability, and it can also make it tougher for the defendant to prove comparative fault. Florida is a pure comparative fault state. That means whatever percentage of fault is shared by the plaintiff will proportionately reduce the amount of damages paid by the defendant – up to 99 percent. So for instance, if you were 40 percent at-fault for a crash and the defendant was 60 percent at-fault, defendant would only be responsible to pay 60 percent of your total damages.

Some of the grounds on which the rebuttable presumption can be challenged (per the 2007 ruling in Dept. of Highway Safety and Motor Vehicles v. Saleme) are:

Evidence of mechanical failure by the rear vehicle (in which case, the vehicle manufacturer may be liable);
Evidence/ testimony of an unexpected or sudden stop or lane change (drivers must anticipate these scenarios to an extent and maintain a safe distance from vehicles ahead; defendants must prove the stop or lane change truly both sudden and unexpected);
Evidence the vehicle was not stopped legally on the roadway.

Personal Breathalyzers Proven to Reduce Drunk Driving Accidents

January 22, 2018 | by David J. Halberg, Esq.

Drunk driving is a major threat to Florida motorists, with the U.S. Centers for Disease Control & Prevention reporting nearly 8,500 people were killed in Florida drunk driving accidents between 2003 and 2012. The rate of people who self-report driving after having too much to drink in Florida is 2.1 percent, compared to the national average of 1.9 percent. Florida allows sobriety checkpoints and ignition interlock devices for repeat offenders, but there may be another way to combat the problem. It starts with targeting those repeat offenders. DUI injury lawyer

A 2010 study published in the American Journal of Public Health revealed that a person arrested for DUI once was 615 times more likely to be arrested again for the same offense compared to someone who was never arrested for impaired driving. Given that risk, authorities in Colorado (where 40 percent of DUI arrests involve repeat offenders) the state is trying something new.

The Miami Herald reports the state’s department of transportation distributed 475 personal breathalyzers to residents of the state who had previously been convicted of a drunk driving offense. These devices allow individuals to test themselves to determine whether they had surpassed the legal alcohol limit, indicating they were not safe to drive. That was over the summer. Continue reading

Drowsy Driving is a Killer on Florida Roads

December 21, 2017 | by David J. Halberg, Esq.

In the midst of the bustle of the holidays, it’s not uncommon for drivers to sacrifice sleep to get where they’re going. While there is a great deal of (deserved) focus on distracted driving and drunk driving during the holidays, drowsy driving is another – often overlooked – catalyst for car accidents in Florida that deserves some attention. car accident attorney

A study by the AAA Foundation for Traffic Safety reveals that 21 percent of all fatal crashes involved a driver who was fatigued, as did 13 percent of all car accidents in which a person was hospitalized for personal injury. That amounts to 109,000 injury crashes and 6,400 deadly crashes every single year attributed to a sleepy driver.

Although a number of states have enacted laws that classify drowsy driving as a criminal offense when it results in a death, Florida is not among those. However, drowsy driving can still be considered negligence if the individual knew or should have known they were too tired to drive. That’s because every motorist has a legal duty of care to other drivers to use reasonable caution behind the wheel. Driving while tired can be considered a breach of that duty because it is a failure to use reasonable care. Still, such claims can be difficult to substantiate, which is why it’s important to have an experienced South Florida injury attorney on your side who can carefully assess the merits and strength of your case. Continue reading

Bankruptcy of Negligent Driver Does not Negate UIM Insurer’s Liability

October 15, 2017 | by David J. Halberg, Esq.

Roughly 3 million people are injured annually in car accidents across the U.S. Meanwhile, there are approximately 800,000 bankruptcies filed every year, according to the Administrative Office of the U.S. Courts. In some instances, people who cause car accidents soon thereafter file for Chapter 7 bankruptcy. Except in cases of drunk driving injuries, a Chapter 7 bankruptcy can effectively releasing a negligent driver from the obligation to pay for personal injuries they caused prior to the bankruptcy filing. car accident attorney

However, as a recent case weighed by the Alabama Supreme Court illustrates, that does not mean injured crash victims are without options. Although this is an out-of-state case, there is the potential for similar cases to arise in Florida, and justices are known to look to sister court rulings when weighing similar legal issues.

According to court records, a husband and wife (plaintiffs) were injured when their vehicle was rear-ended by a vehicle driven by defendant driver. Plaintiffs sued defendant, alleging her negligence caused the crash and their injuries. Their complaint also named their own auto insurer, as they sought to recover underinsured motorist (UIM) benefits. Continue reading

Prevent West Palm Beach Motor Vehicle Crashes by Not Texting or Talking on the Cell Phone

December 20, 2011 | by David J. Halberg, Esq.

Last week, our West Palm Beach personal injury law firm reported that the National Transportation Safety Board is calling for all states to ban texting and cell phone calls while driving. We also wrote about the upcoming debate among Florida lawmakers regarding whether or not to ban texting in the state.

This week, we’d like to blog about a recent National Highway Traffic Safety Administration survey on the distracted driving habits of Americans. Over 6,000 drivers participated. Per the results:

• At any moment, nearly one out of every 100 drivers is e-mailing, texting, surfing the Internet, or doing something else with a hand-held device while operating a motor vehicle.
• Most of those surveyed admitted to answering phone calls while driving.
• Close to two out of every 10 drivers surveyed admitted to e-mailing or texting. Drivers in the 21-24 age group were most likely to text while driving.
• Over 50% of drivers don’t believe that making a call affects their driving performance.
• About 25% said they don’t think that e-mailing or texting impacts their driving.
• 90% of drivers don’t like it if the person driving the car they are riding in is e-mailing or texting • More drivers said they read texts over sending them.
• Two times as many drivers admitted to answering calls over making them while operating a motor vehicle.

As evidenced by the survey results, most drivers think that they can text or talk on the phone safely while driving. Unfortunately, this is not the case. Cell phone conversations and texting takes a motorist’s attention away from the task at hand, which means he/she is not 100% focused on the task at hand. This can make it hard to avoid causing or becoming involved in a South Florida traffic crash. Remember that it takes just a few seconds for a catastrophic Miami motor vehicle accident to happen-those same seconds that a driver’s eyes are off the road in order to read an e-mail or dial the phone.

Over the last couple of years, Federal, state, and local safety officials have made a concerted effort to educate people about the dangers. Yet even when there are laws limiting cell phone use or banning texting, some people can’t seem to stop themselves, which places everyone in danger.

Drivers can no longer say that they didn’t know that distracted driving can kill people. As the victim of a distracted driving accident, you may be able to pursue Palm Beach traffic crash damages from the negligent motorist.

More drivers texting but few think it’s dangerous, survey says, The Denver Post/AP, December 9, 2011
NTSB pushes for nationwide ban on cellphone use for drivers, The Washington Post, December 14, 2011
National Distracted Driving Telephone Survey Finds Most Drivers Answer the Call, Hold the Phone, and Continue to Drive, NHTSA (PFD)

More Blog Posts:
As NTSB Recommends Full Cell Phone While Driving Ban, Florida Again Considers Whether to Make Texting Illegal, South Florida Injury Lawyer Blog, December 13, 2011
Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011
West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011 Continue reading

As NTSB Recommends Full Cell Phone While Driving Ban, Florida Again Considers Whether to Make Texting Illegal

December 13, 2011 | by David J. Halberg, Esq.

In the upcoming legislative session due to start next month, Florida legislators will once again consider whether texting should be banned in the state. Right now, Florida is one of 15 US states that haven’t made texting while driving illegal. Florida is also among the few states without any type of restriction on cell phone use while driving. Our Miami personal injury law firm is familiar with the types of catastrophic South Florida car crashes that can occur because someone was distracted driving.

This time around, however, lawmakers who favor a statewide texting ban may be coming into the debate with the extra support they need following today’s recommendation by the National Transportation Safety Board that use of cell phone and text messaging devices while driving be made illegal throughout the US-unless, of course, there is an emergency situation. Although the NTSB cannot impose state laws, its recommendations are taken seriously by lawmakers.

The federal safety board called is calling for the ban because it says distracted drivers are threatening public safety. According to a National Highway Traffic Safety Administration survey, distracted driving was a factor in at least 3,092 US traffic crashes last year and at any moment during daylight hours, close to 1 out of 100 drivers is using handheld phones. NTSB member Robert Sumwalt even went so far as to call distracted driving the “new DUI.”

When explaining the need for a nationwide ban, the NTSB cited the tragic multi-vehicle Missouri traffic pileup in August 2010 involving a tractor-trailer, a pickup truck, and two buses. More than 30 people were injured and two people killed, including the 19-year-old driver of the pickup, who, within 11 minutes, sent or received 11 text messages. The other victim that died was a 15-year-old that was riding the school bus.

Texting, emailing, and talking on the cell phone are dangerous activities when done while driving. You want to work with a Palm Beach car crash law firm that knows how to prove that the other party’s negligence caused your injuries or a loved one’s death. Just because these driving habits are still legal in Florida does not mean you cannot recover damages.

Cellphone ban while driving? The tragedies behind the issue, Los Angeles Times, December 13, 2011
NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

More Blog Posts:
Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011
West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011
Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011 Continue reading

Boynton Beach Car Crash that Injured Elderly Couple Was Caused By Teen Driver That Ran Red Light, Says Palm Beach County Sheriff’s Office

December 8, 2011 | by David J. Halberg, Esq.

According to authorities, 18-year-old Alexander Worrall caused the Boynton Beach car accident on Wednesday that left an elderly couple with serious injuries when he ran a red light. The traffic crash occurred at the intersection of Military Trail and Old Boynton Beach Boulevard. The couple, 85-year-old Maurice Gartman and his 82-year-old wife Evelyn, is receiving treatment for their serious injuries at Delray Medical Center.

Palm Beach County Sheriff’s investigators are trying to determine whether Worrall was intoxicated when the Boynton Beach traffic crash happened.

Red Light Running
According to the National Campaign to Stop Red Light Running, about 153,000 people were injured and nearly 900 others killed in the US in 2007 because drivers failed to stop at a red light. Meantime, the Insurance Institute for Highway Safety reports that red light running is a leading cause of urban collisions.

The most common reason why people run red lights is because they are in a “hurry” to get to their destination. However, what they forget in their rush to get to where their going is that red light running may actually prevent them from arriving at their destination. In the Institute’s 2009 analysis of deadly red light running accidents, it found that those most likely to run a red light were usually male and belonged to the under 30 age group. Many were involved in previous crashes, had a story of drunk driving, or received citations for speeding and other moving violations.

Our Boynton Beach car accident lawyers have seen the devastation that red right running can create in the lives of victims. Pedestrians, bicyclists, and the occupants of vehicles that had the right of way are the ones that end up suffering.

Authorities: Teen to blame for wreck that sent elderly couple to hospital in suburban Boynton Beach, The Palm Beach Post, December 8, 2011
Red Light Cameras, Insurance Institute for Highway Safety
Red Means Red

More Blog Posts:
Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011
West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011
Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011 Continue reading

Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle

December 5, 2011 | by David J. Halberg, Esq.

A 26-year-old Coconut Creek woman was killed on Thursday in a Broward County, Florida car accident. Amanda Smith was ejected from the Jeep she was a passenger in after the vehicle collided with a Lighthouse Point police cruiser.

Smith was not using a seat belt at the time of the Pompano Beach car crash. After being thrown from the auto, she was partially pinned under the Jeep, which had tipped over. Smith died at the collision site. She leaves behind her father and two sons, ages 5 and 6 months.

Boca Raton resident Gary Judd Costa, who was driving the Jeep, has been arrested. He is charged with DUI, possession of a controlled substance, and failure to exercise due care. He and Lighthouse Point Police Officer Mark Riemer sustained minor injuries.

According to police, Costa lost control of his Jeep on the Federal Highway. He then hit the concrete median before colliding with the police cruiser.

If someone you love was killed in a Broward County traffic crash, you may have reason to pursue damages from other liable parties. Because Florida is a comparative negligence state, even if the victim played a role in causing his injuries, compensation from any other liable parties for whatever percentage of the collision is deemed to be their fault is still possible. For example, if a Pompano Beach car accident victim is found be 30% at fault for his/her injuries, then the other responsible party can still be held accountable for 70% of whatever damages are awarded. Florida’s comparative negligence standard has been in effect since 1973.

Not all states follow this type of law. For example, some states follow the contributory negligence standard. Under this law, if an injured party is found even a little liable for his//her injuries, then he/she cannot recover any compensation.

Dad mourns daughter killed in police car crash, Sun-Sentinel, December 4, 2011

More Blog Posts:
Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011
$2.25M Palm Beach Car County Accident Verdict Awarded in Boynton Beach Wrongful Death, South Florida Injury Lawyer Blog, March 18, 2011
Mother Files Florida Pedestrian Accident Lawsuit Against Alleged Drunk Driver Over Daughter’s Wrongful Death, South Florida Injury Lawyer Blog, November 17, 2010 Continue reading

Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager

October 7, 2011 | by David J. Halberg, Esq.

The family of Eyder Ayala is suing University of Miami college student Ivanna Villanueva for Miami-Dade wrongful death. Ayala, 68 was killed on Sunday when the vehicle she was riding was rear-ended by the vehicle driven by Villanueva, 19.

Police say they believe that the University of Miami college student may have beeb under the influence of alcohol at the time. They say that she appears to have been driving at a high speed. According to CBSLocal.com, the impact of the crash was so severe that the trunk Ayala’s vehicle ended up in the front seat. She died at the Coral Gables car accident site.

Toxicology results are still pending, so it is not known at this time whether Villanueva will be charged with DUI. She is, however, charged with reckless driving and vehicular homicide. Meantime, Villanueva is out on bond and is under house arrest.

Decline in Florida Motor Vehicle Crashes Reported

September 29, 2011 | by David J. Halberg, Esq.

According to the state’s Department of Highway Safety and Motor Vehicles, there has been a 4.6% drop in the number of Florida traffic deaths. Compared to 2009, when there were Florida 2,565 motor vehicle fatalities, there were 2,444 Florida traffic deaths reported in 2010. That’s a nearly 31% drop since 2005. County wise, the number of traffic fatalities also went down in Miami-Dade, Palm Beach, and Broward Counties last year.

2010 figures also show, however, that the number of Florida pedestrian deaths have gone up by 3.5%. There were 482 pedestrian fatalities in 2009 and 499 Florida pedestrian deaths in 2010.

Other 2010 Florida Traffic Facts: