car accident lawyer

Do I Have Grounds for a Personal Injury Claim for a Florida Car Accident?

July 25, 2019 | by David J. Halberg, Esq.

Most of us have been in a car accident at some point or another. (If you haven’t, consider yourself lucky – or due for one soon, statistically speaking; car insurance companies estimate every driver files a claim about once ever 17 years.) If you have been in a crash, you may have been asked more than once whether you plan to sue. car accident lawyer

When it comes to auto accidents, Florida is a no-fault state. What that means is that rather than pursuing a claim against the driver who was at-fault, it’s your own auto insurance company that is responsible for compensating you after the crash. This falls under the provision of state law (specifically F.S. 627.736) regarding personal injury protection insurance (or PIP). However, this only covers up to $10,000 in medical and disability expenses and only $5,000 in death benefits.

If you’re injured to the point you are required to take more than few weeks off work, have lasting disabilities or are disfigured, this won’t be nearly enough. Yet it is only if one meets the serious injury threshold, as outlined in F.S. 627.727 that he/she may step outside the no-fault system to claim damages from the at-fault driver (or his/her own uninsured/underinsured motorist coverage). Continue reading

Distracted Driving Costs Lives – And It’s Worse Than We Thought

April 20, 2019 | by David J. Halberg, Esq.

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.

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

Auto Insurer Liability Capped in Crash Case Duty to Defend Breach

April 21, 2018 | by David J. Halberg, Esq.

Auto insurers in Florida have two duties with regard to their insureds:

A responsibility to indemnify, or pay damages for which insured would otherwise be liable (up to policy limits);
Duty to defend insured from legal action (i.e., hire a lawyer and help mount a defense).

Even if an insurer argues it doesn’t have a duty to indemnify (the incident is not one that is covered or the person is not one for whom coverage should be extended), there is often still a duty to defend. Failure to adhere can be a form of bad faith insurance. This could ultimately be an issue for plaintiff to deal with directly if the at-fault driver assigns whatever claims he or she might have had against the insurer for this over to plaintiff as part of whatever settlement is ultimately reached.

Insurers are within their rights to outline the parameters under which they will provide coverage, and there are unfortunately a host of rules and exceptions in almost every policy. However, many times insurers will interpret their policies a bit more broadly than they should, which is why it’s important to have an experienced car accident attorney in South Florida who will fight for you and take them to task. 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