Motor Vehicle Accidents

When Road Rage Results in Serious Florida Car Accident Injuries

June 20, 2021 | by David J. Halberg, Esq.

Road rage puts motorists at high risk of serious injury and death. And studies show people are aware that aggressive driving behavior is a major problem that contributes to traffic fatalities – yet 75 percent of U.S. motorists admit to driving aggressively. A higher percentage than that admitted in a survey to experiencing anger, aggression or road rage at some point behind the wheel in the 30 days prior. West Palm Beach road rage

It’s most commonly punctuated with tailgating, honking or yelling, though it’s defined as any extreme anger or aggression intending to create or cause physical harm. It might also involve:

Speeding in heavy traffic.

Florida’s No-Fault Car Insurance Law May Be Steering Toward an Exit

May 27, 2021 | by David J. Halberg, Esq.

Florida lawmakers want to put the brakes on the state’s decades-old no-fault car insurance law. Both the state Senate and House passed a measure that would repeal the seventies-era statute requiring personal injury protection (PIP) coverage in favor of a system that would instead require all drivers to carry bodily injury liability coverage. West Palm Beach car accident lawyer

Our West Palm Beach car accident attorneys know the decision, which is now in Gov. Ron DeSantis’ court, could have a significant impact in the way we pursue damages in Florida car accident cases.

This state is one of only a handful remaining that uses the no-fault system of car insurance. As it stands, all vehicle owners are required per F.S. 627.736 to purchase PIP, which offers up to $10,000 in medical expense and wage loss reimbursements per crash and $5,000 for funeral expenses, regardless of fault. Those figures have stayed the same since 1979 (seven years after the law first went into effect), failing to keep a realistic pace with current medical expenses and other costs. Further, a more recent update to the law caps the recovery amount to $2,500 if the injuries don’t require emergency treatment. Continue reading

Survey: Florida Teen Drivers Among the Riskiest on the Road

May 15, 2021 | by David J. Halberg, Esq.

Teen drivers are notorious for being accident-prone. Their biggest disadvantage is their lack of experience, but they’re also poor judges of risk and are more likely to engage in hazardous behaviors behind the wheel, such as speeding and texting. A recent survey by consumer motorist researchers at Co-Pilot revealed teens in Florida are among the highest risk nationally, being more likely to drink and text while driving and less likely to wear a seat belt. Palm Beach car accident lawyer

The analysis looked at numerous risky driving behaviors, and ranked Florida teens 13th in the country. Nearly 8 percent don’t wear their seat belts, 6 percent admit to drinking and driving at some point in the last 30 days and 36 percent confess to texting and driving. All of these are illegal and increase the risk of a crash (or severity of injuries).

Florida, like many states, has numerous safeguards to help reduce the risks posed by teen drivers. For example, we have a graduated licensing process intended to help teens work up their experience level on the road with guidance from an older, responsible driver and fewer in-vehicle distractions (fellow teen passengers).

Insurers are likely to charge much more for teen coverage too, which is understandable, but the high rates can backfire.

As longtime Palm Beach car accident lawyers, we know teens are also less likely to have adequate insurance to cover the damages if they cause a crash. Frequently in such cases, we pursue vicarious liability against the teen driver’s parents as owners of the vehicle. Vehicle owners can be held liable – even if they weren’t driving – because in Florida, vehicles are considered dangerous instrumentalities. Continue reading

Liability in Drowsy Driving Florida Car Accidents

April 22, 2021 | by David J. Halberg, Esq.

Many Floridians are tired, overworked or even exhausted. Behind the wheel, this can be deadly. The National Highway Traffic Safety Administration reports nearly 700 people are killed annually in drowsy driving accidents. The true number is probably much higher. Unfortunately, driver fatigue isn’t as easy to ascertain as conditions like alcohol impairment, even though the effects are similar. An earlier analysis indicated nearly 40,000 accident-related injuries in the U.S. annually are caused by sleepy drivers. West Palm Beach car accident lawyers

In Florida recently, three people – including two sisters – were tragically killed in an overnight highway crash while returning from vacation. Authorities speculated drowsy driving was the cause.

“We believe this driver may have been just tired,” an FHP official told the local news station. “Just drowsy. He did not state that, but that’s indicative of this type of crash that we see especially in the overnight hours.”

How Does Sleep Affect One’s Driving Abilities?

As noted by the Sleep Foundation, drowsiness can have a significant impact on a driver’s judgment, coordination, attention, vigilance, decision-making skills, and reaction time. Continue reading

How Serious Does My Injury Need to Be to File a Florida Injury Lawsuit?

April 5, 2021 | by David J. Halberg, Esq.

Personal injury litigation is the most common type of civil action in Florida courts. Car accident claims in particular are ubiquitous. Many of these will be settled prior to trial, but it’s important to understand that unless your degree of injury meets something called the “serious injury threshold,” your case won’t gain much traction. South Florida injury attorney

Florida is one of the few states that adheres to a no-fault system when it comes to car insurance. Vehicle owners are required to purchase personal injury protection (PIP) coverage, as outlined in F.S. 627.736. This provides up to $10,000 in coverage for medical bills and lost wages incurred in a crash, regardless of who caused it. Property damage liability coverage is separate.

For minor car accidents, PIP coverage may be more than enough. But if someone suffers serious injuries, that amount won’t go very far. Still, Florida law sets a serious injury threshold for personal injury recovery in car accident cases. In other words, your injuries must meet certain criteria in order to pursue damages against the at-fault driver. Some bruising on your arm and face probably won’t cut it, but if you’ve suffered broken bones or torn tendons, it might. Continue reading

Pregnant in a Car Accident? South Florida Injury Lawyers Offer Insight.

March 23, 2021 | by David J. Halberg, Esq.

Any car accident can be traumatic and stressful. But when you are pregnant, all of this is compounded two-fold. The U.S. Centers for Disease Control & Prevention reports that car accidents are a top cause of injury and death for pregnant women and a leading cause of traumatic fetal death. pregnant car accident Florida

As our West Palm Beach car accident attorneys can explain, crashes can present unique and scary complications for both mother and child. Knowing some of these unique risks and what should be done immediately after can help empower victims and increase your chances for fair compensation from negligent drivers.

See a Doctor – Even if You Feel Fine

First thing’s first: If you’re in a crash, get to the doctor right away, even if you aren’t transported to a hospital via ambulance. This is a critical precautionary measure for both you and your unborn child. Continue reading

Understanding Comparative Negligence in Florida Injury Lawsuits

January 30, 2021 | by David J. Halberg, Esq.

You are driving down Clematis Street in West Palm Beach after work. You glance down to briefly look at your phone and respond to a text. Out of nowhere, a drunk driver veers into your lane from the opposing direction. You suffer serious and lasting physical injuries as a result of the car accident. Florida comparative negligence

Does the fact that you were texting and driving mean you can’t pursue damages from the drunk driver?

In Florida, the answer is “no.” The reason is because of Florida’s adherence to the negligence standard of pure comparative fault.

What does that really mean?

As our West Palm Beach injury lawyers can explain, per F.S. 768.81, it means that whatever percentage you were negligent, your financial recovery will be reduced by that amount.

So let’s take the above hypothetical car crash scenario. If you filed a personal injury lawsuit and the jury found you 25 percent negligent for the crash because you were texting and driving, your total damages would be reduced by 25 percent. So let’s say the court decided the case at your favor and determined you incurred $200,000 in damages. The drunk driver was 75 percent at fault. Your total damage award would be reduced by $50,000 (25 percent), so the most you would receive is $150,000. Continue reading

Report: Distracted Driving Crashes Skyrocketed in 2020

December 15, 2020 | by David J. Halberg, Esq.

A shocking 57 percent of all motorists were using their cell phones within one minute of crashing this year, according to a recent study by transportation analytics firm Zendrive. Nearly 17 percent of motorists in crashes had been using their phones in the five-second window just before. car accident lawyer

Study authors culled data from more than 86,000 crashes that took place in the U.S. throughout this year. What they found was that not only were there record-setting crash rates – even amid pleas to stay home and social distance – but that these very often included some form of distracted driving. Even more troubling, distraction appeared to grow worse as the year wore on.

Of course, distracted driving is a problem that existed long before 2020. Unfortunately, it seems likely to continue being a scourge for years to come. The upheaval in travel patterns of late serves only to highlight this longstanding issue.

Sending a single text message can tear a driver’s eyes away for nearly 5 seconds. If you’re traveling 70 mph (the maximum speed on most Florida highways), that’s like traveling 1.5 football fields completely blind. While a blood-alcohol level of 0.08 percent is associated with a 12.5 percent reduction in reaction times, sending a text message or engaging on a social media site is associated with a 38 percent reduction in reaction time.

As we prioritize the health and safety of our community in many other ways in the coming year, our South Florida injury lawyers urge everyone to do so on the road as well. Continue reading

South Florida Injury Lawyer: Don’t Drive Drunk on Thanksgiving

November 23, 2020 | by David J. Halberg, Esq.

Holidays are often cause for gathering, good food – and spirits. Although we typically think of New Year’s Eve as the most boozy, it’s Thanksgiving weekend that has the worst track record for drunk driving crashes and deaths. Thanksgiving drunk driving

More than 800 people died on U.S. roads over the Thanksgiving holiday weekend (Wednesday evening to Sunday evening surrounding the fourth Thursday in November) in a recent five-year period. That’s according to the National Safety Council and the National Highway Traffic Safety Administration (NHTSA). Even more were seriously injured in drunk driving crashes. Forty-five percent of drivers involved in fatal drunk driving crashes over the holiday weekend were between the ages of 21 and 34.

Some have taken to calling these alcohol- and marijuana-laden holiday gatherings “Blackout Wednesday” and “Danksgiving.”. Upserve reports bar sales for beer increases 270 percent for for beer 114 percent for liquor over the Thanksgiving holiday. Continue reading

Florida Dangerous Instrumentality Doctrine in Car Accident Cases

November 5, 2020 | by David J. Halberg, Esq.

If you’re thinking of allowing someone to borrow your car, you may want to think twice. Florida’s longstanding dangerous instrumentality doctrine allows vehicle owners to be held vicariously liable for the negligent actions of those permitted to operate their vehicle. It can even apply to Florida vehicle owners when crashes occur in other states (more on that later). Palm Beach car accident lawyer

The dangerous instrumentality doctrine holds that an owner of an inherently dangerous tool can be legally responsible for any injuries that result from operation of that tool. Most people don’t consider cars to be “tools,” but they were established as such by the Florida Supreme Court in the 1920 decision of Southern Cotton Oil v. Anderson. The effect of that ruling was that vehicle owners could be subject to strict vicarious liability, meaning that basically the owner – and everyone whose name is listed on the title – could be held financially responsible for a crash as if they themselves were in the driver’s seat. Continue reading