Articles Posted in Motor Vehicle Accidents

Although both municipal and school buses are relatively safe forms of travel, school bus injuries often spike at the beginning of each school year. It’s important for parents to understand the unique challenges of filing these cases, how fault is determined and what to expect. school bus accident lawyer

Recently, a teen driver was cited in a Lehigh Acres school bus accident when he struck a bus on the very first day of school, resulting in injuries to a second grader. According to the Associated Press, the teen allegedly ran a stop sign, slamming the bus and pushing it into a ditch. An 8-year-old was taken to the hospital with minor injuries and the bus driver was hurt as well. Five students were on board at the time of the accident, with four of those wearing a seat belt.

Although every accident is different, there are some unique factors that more frequently play into causation of bus accidents and exacerbation of injuries to occupants and pedestrians. These include:
  • Frequent stops;
  • Bus drivers who are fatigued;
  • Improperly-maintained buses;
  • Frequent stops;
  • Child pedestrians interacting with traffic;
  • Lack of child occupant restraints (seat belts) on many buses;
  • Higher-than-average rollover risk.

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A Palm Beach County wrongful death lawsuit is the second in three months against automaker Tesla Inc. involving its driver-assisted Autopilot feature – one that plaintiffs say give drivers a false sense of security and fail to live up to the express and implied promises made to consumers. truck accident lawyer

According to Insurance Journal, plaintiffs in Banner v. Tesla allege the 50-year-old driver of a Tesla sedan was killed in March when the vehicle, using the Autopilot feature as advertised, failed to steer or brake in order to avoid striking a semi-tractor trailer that had run a stop sign on a South Florida highway.

The system had been engaged for at least 10 seconds prior to the crash. His survivors say the vehicle manufacturer is and has been aware that the system was defective, yet continued to sell it anyway. They are also suing the driver of that semi-truck for negligence in causing the truck accident. Continue reading

Amid concerns that large trucks driven by tired operators pose a greater-than-ever risk to Florida motorists, federal officials are contemplating loosening existing rules. As our West Palm Beach truck accident lawyers well know, driver fatigue is cited in hundreds of the thousands of deadly truck crashes each year. truck accident attorney

Despite the Federal Motor Carrier Safety Carrier’s implementation of many new rules and regulations pertaining to trucking rules and regulation – including Hours of Service rules designed to reduce drowsy driver accidents, there has been a 20 percent jump in the number of commercial truck crashes over the last 10 years.

Rules such as those for Hours of Service and mandated electronic logging devices (ELD) were introduced to curb the practices of so many trucking carriers that reward drivers based not only the amount of time they drive, but rather on the miles driven. Many industries truck drivers to push the envelope to make their living. Continue reading

Whether we’re talking about a tractor-trailer or merely the junk in your trunk, failure to properly secure loads to your vehicle is a crime in Florida. That means it has to withstand the wind, railroad tracks, a pothole-pocked roadway – all the common things can loosen those items and turn it into road debris if it isn’t properly strapped down.unsafe trucks

Falling or shifting cargo such as ladders, furniture, tools, tarps and building materials can cause serious South Florida crashes resulting in catastrophic injuries and even death.

AAA reported that over a recent four-year stretch, more than 200,000 crashes were caused by unsecured debris on U.S. roads. These resulted in approximately 39,000 injuries and 500 deaths during that time frame.

Of those incidents:

  • 37 percent of all deaths were caused by drivers swerving to avoid the object, typically overcorrecting and causing the driver to lose control.
  • One-third occurred between 10 a.m. and 4 p.m. – when many are hauling/moving heavy items like construction equipment or furniture.
  • Most occurred on Interstate highways, which makes sense given that driving at increased speeds heightens the risk for vehicle parts to become detached.

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A coalition of freight and logistics firms recently testified before Congress on the urgent need for improved trucking standards and safety, noting that while large trucks our indispensable to our economy – they’re killing us. truck accident attorney

In the last year reported per federal data, there were 415,000 large truck accidents, within which:

  • 4,761 people died
  • More than 600 truck drivers were killed
  • 148,000 were injured.

Further, more truckers were killed in 2017 crashes than in any other year in the past decade.

In recent testimony before the House’s Infrastructure Sub-Committee on Highways and Transit. The trucking Alliance spoke at a hearing titled, “Under Pressure – the State of Trucking in America.” Members of the Trucking Alliance in a prepared statement said the greatest pressure on the trucking industry should be on reducing these truck crashes and the deaths and injuries that result. Continue reading

Professional golfer and Florida resident Tiger Woods and his girlfriend, who manages a restaurant owned by Woods, have been named defendants in a wrongful death lawsuit stemming from the drunk driving death of an employee in December, The Miami Herald reports.Florida drunk driving death lawyer

When drunk driving results in death, there are a number of avenues through which a Florida wrongful death lawyer may seek to establish liability. Typically, this includes the drunk driver, the owner of the car, the host of an underage party and sometimes, the vendor that sold or served the alcohol.

That last one is formally known as a “dram shop lawsuit.” Continue reading

Florida medical malpractice law needs to change. That’s the stance of the surviving family of a U.S. Marine veteran who died after allegedly receiving negligent medical care following a South Florida motorcycle accident. Despite this, the man’s survivors haven’t been able to file a medical malpractice wrongful death lawsuit because of a provision of Florida statute that prevents such claims from being brought by anyone accept for a spouse, minor children or parents of an adult under the age of 25. West Palm Beach medical malpractice lawyer

The specific law in question (which our West Palm Beach wrongful death lawyers can explain has been in place for nearly three decades) is F.S. 768.21. Its effect is that if a person dies as a result of suspected medical malpractice, there will be no recourse if the patient was unmarried, over the age of 25 or had no minor children. It is a law ripe for challenge considering the very same acts of negligence that would underlie a medical malpractice injury lawsuit would be grounds for litigation – if the person lives. There are no available avenues for accountability, however, if that same individual dies as a result of medical negligence.

NBC-5 in West Palm Beach reports the patient in question was a 32-year-old man from Port St. Lucie, a veteran with a fiancee who was helping to raise her 3-year-old daughter, whom he planned to adopt. He was involved in a Florida motorcycle accident. He reportedly hit a deep pothole, swerved to avoid striking a friend’s motorcycle and in so doing put his leg down when he crashed, resulting in a broken leg. Continue reading

Distracted driving leading to South Florida car accidents has long been a serious problem, especially since smartphones have become so ubiquitous. But while government data puts the number of distracted drivers at roughly 660,000 a day, a recent analysis by Zendrive says it’s 100 times worse. The revelation isn’t exactly stunning to our West Palm Beach car accident attorneys, but it’s nonetheless concerning.West Palm Beach Car Accident Attorney

In a study of 2 million drivers traversing some 4.5 billion miles of road over the course of the three months, Zendrive (a motorist behavior analytics firm) concluded that:

  • 60 percent of drivers use their phone at least once daily while operating a vehicle.
  • 40 percent of drivers do so every hour.
  • 69 million drivers use their phones every day.

What’s more the number of drivers distracted by smartphones has increased 10 percent in the last year. Most drivers – nearly 9 in 10 – agree distracted driving is a serious issue, but only half admit to engaging in this behavior. In fact, 90 percent consider themselves safe drivers. Analysts determined those considered “heavy phone users” – those who spend three times more than the average – engaged in phone use while driving – spent nearly one-third of their time ignoring the road. Continue reading

From the time they burst onto the traffic landscape, ride share services like Lyft and Uber have been touting their success in driving down the number of drunk drivers and making streets safer. However, Southeast Florida auto accident lawyers are aware of a growing body of evidence suggesting in fact the opposite may be true. South Florida Lyft accident lawyer

In cities throughout Florida – indeed, throughout the country – there is evidence that Uber and Lyft drivers create more danger in cities where they opposite – for a myriad of reasons.

Uber and Lyft accidents in Miami, Fort Lauderdale and West Palm Beach have been mounting, as too has litigation. Both companies offer a maximum $1 million of insurance for bodily injury liability and/or wrongful death caused by rideshare drivers.

Among the factors cited in Uber and Lyft accidents: Continue reading

Drunk driving accidents in Florida claim thousands of lives – 12 percent more than the national average. West Palm Beach injury attorneys know it’s a serious problem especially in South Florida. When it comes to liability, obviously the drunk driver can be held responsible, but there are circumstances under which others can be held responsible too.West Palm Beach drunk driving injury lawyer

For example, there are dram shop liability cases, which in Florida per F.S. 768.125 only includes vendors who served alcohol to individuals who are either under the age of 21 or who are known to be habitually addicted to alcohol. Other states have broader laws for what encompasses liability.

There may even be circumstances when one’s employer can be responsible. For example, some employers have been deemed liable for alcohol-related injuries (primarily drunk driving accidents) if they encourage employees to drink on-the-clock or compel workers to attend after-hours events consuming alcohol with clients, etc. These aren’t always slam-dunk cases, but a recent ruling out of Oregon shows that employers won’t necessarily be automatically entitled to a summary judgment either. Continue reading