Florida Injury Lawyer Blog

I was saddened to learn of the tragic car accident that killed a University of Miami student yesterday. Dino Ghilotti was a passenger in a car just a few blocks from campus. The fatal accident happened at 4:37 in the morning at the intersection of Bird Road and San Amaro Drive, just a block from the Coral Gables campus. Para información en español.

According to the Florida Department of Transportation, intersection accidents account for nearly 40% of traffic crashes every day. It would seem that those accidents are random and unpredictable. While the facts are unknown as to how Mr. Ghilotti was killed, intersection accidents are far more predictable than one might imagine.

The University of Central Florida's Department of Civil and Environmental Engineering performed an analysis of Florida's intersections to see if there are patterns or similarities that make certain intersections more dangerous than others. To perform this analysis, the department examined nearly 30,000 accidents at over 1500 intersections, in six Florida counties, over three years.

They then divided the different intersections into three separate categories:

1. Types of intersections classified by the number of lanes, the angles, traffic signals, and speed limits.

2. Volume of traffic passing through the intersections, calibrated to the Miami Dade and Orange County Annual Average Daily Traffic (AADT) figure.

3. Kinds of crashes that occur at each intersection, and how the time of the accident, crash angles, and points of impact, correlate with fatality.

The study found that there are 45 distinct common types of intersections in Florida and that a mathematical formula that can predict with statistical reliability which specific Florida intersections are more likely to be the sites of fatalities. Read the Final Report.

One would hope that such information was easy to obtain, but the researchers found that the Cities, Counties, and the State of Florida do not share a common data bank of important accident information, such as road speed, lanes, and angles of impact, making the research far more complicated than necessary.

Ultimately by studying the data from 413 intersections in Miami-Dade County, the UCF engineers found that rear-end collisions at intersections are the most common with head-on being the least common. Most accidents at intersections happen in broad daylight on dry streets as opposed to at night or when streets are slick. January has the most intersection accidents in Miami Dade, and December the least. Fridays are the most dangerous days of the week, and Mondays are least dangerous.

The good news is that the FDOT has implemented several initiatives that have lowered the number of intersection car accidents resulting in serious injuries and deaths by the following measures:

• improving traffic signal visibility

• verifying that the sequential timing of traffic lights is correct

• installing additional pedestrian countdown signals

• initiating additional road safety audits

• and providing more driver pedestrian education

I have investigated traffic accidents involving pedestrians, cars, motorcycles, trucks, bicycles across the State of Florida for over twenty years. I suggest that the FDOT share the data about which intersections across Florida are the most dangerous with the drivers who are on the road by identifying those intersections with warning signs. A standard warning sign should be placed at the approach to each intersection, simply advising drivers to pay extra attention. In addition if particular intersections experience more accidents than others, they should be immediately redesigned. Let the FDOT identify, for example, the 10 most dangerous intersections in Florida, install warnings, and then show us how they are making our roads safer.

I am extremely disappointed by how the FDOT is neglecting to protect us as I expressed my in the Huffington Post in "FDOT Must Take a Hands-on Approach to Safety." For example, the FDOT's website depicts a Dashboard proclaiming their success in minimizing fatalities in car, bicycle, and motorcycle accidents by comparing their goals to the actual data. The goal for reducing bicycle accidents, for example, was to decrease them by 5%. In reality they are up .7%. But what is worse is the FDOT's Performance Data itself is obsolete and has not been updated in three years. It is no wonder that Florida's roads are as dangerous as they are when our FDOT cannot maintain and update its own website, much less regulate our fatal intersections.

It's about time. Thanks to Florida's slow acting Legislature we will soon finally become the 40th state to ban texting and emailing while driving. In light of the number of deadly car accidents in Florida, I don't understand what took so long. SB 52, also known as the bill that "Bans Texting While Driving," will subject Florida drivers to a non-moving violation if found guilty of texting and driving for a first time offense. Those who are caught texting and driving a second time within a five-year period will be assessed a fine and points.

Assuming Governor Scott signs SB 52; it goes into effect on October 1, 2013. As a Broward car crash attorney I find it ridiculous and dangerous to delay this law. Doing so only permits Florida's drivers to text and drive all summer long.

This bill was originally filed in November 2012, but it has taken nearly a year and five amendments to plow through Florida's lumbering legislative process. The bill would have been unanimously passed sooner were it not for its inexplicable rejection by Republican Senator Joe Negron. If you feel like asking Senator Negron why he opposed this lifesaving measure, I suggest you email him.

When our South Florida personal injury lawyers investigate a traffic accident, we always try to obtain the cell phone billing records of the defendant driver to verify if he or she was using their cell phone or texting before the impact.

Politics almost derailed SB 52 at the last minute when an amendment was included restricting the admissibility of a person's billing records to determine if a violation of the no texting law was committed in all Florida traffic accidents, except where the crash resulted in death or personal injury.

I have personally investigated thousands of traffic accidents over the last 22 years involving bicycles, trucks, pedestrians and rental car crashes. There is no reason why this law should have to wait until October to be in force - it should be effective immediately.

A recent study showed that most drivers who admit to texting believe that they only do it at stop signs and red lights or only read texts while driving. In actuality, these same drivers were found to be texting at least 10% while actually driving outside of their own lane.

Parents have an obligation to refrain from texting, especially with their children in the car. Children who grow up watching their parents' texting and driving are more likely to believe that this is acceptable behavior behind the wheel.

According to the Mayo Clinic, texting while driving is more than 20 times more dangerous than driving alone. Especially for teens who are less experienced drivers and less likely to be able to appreciate and react to an unexpected hazard. Nearly 82% of Americans between 16-17 years of age own cell phones. Worse, most admit to talking and texting while driving. Unfortunately, most drivers do not understand the incredible risks involved in texting and driving.

There are a number of ways to help prevent yourself or your children from texting while driving. New apps like Safe Texting AR reads both text messages and emails out loud hands free and in real time. AT&T understands the importance of ending texting and driving and has an elegant solution that sends a customized message to friends that lets them know you are behind the wheel of a car moving at least 25 mph and cannot reply to texts at this time.

ATT&T also has a mobile app that will provide employers of large and small businesses to monitor their employees on the road by providing real time management and blocking of cell phone, emailing and texting use. This is especially crucial for businesses that rely on their employees to make deliveries and drive school buses.

We hope that Governor Scott signs this bill and makes Florida a safer place for everyone. I am sure if you look now at the last text you sent or received on your cell phone, you would agree that that text would not be worth dying for.

According to the US Census, nearly three million leased new and used vehicles are currently on our roads. In fact, in South Florida 60% of cars and trucks are leased rather than purchased. Leasing is just a fancy word for renting a car. Commonly, vehicles are leased from the financial servicing divisions of major auto manufacturers like Toyota, Honda, Dodge and Ford. Leasing is nothing more than a long-term rental agreement. During a lease period, the financing company maintains legal title to the car. At the end of a lease, the person who used the vehicle returns it to the company.

Florida's Supreme Court recently ruled in favor of these corporate giants at the expense of the injured in the case of Rosado v. Daimler Chrysler. This decision is so strong it should prompt both leasing companies and the rental car industry to send a thank you card and a dozen roses to a few justices. Their opinion clarifies and fortifies a leasing company's' corporate insulation from legal responsibility to people injured or killed by someone driving one of their vehicles.

Under Florida law, cars and trucks are characterized as "dangerous instrumentalities." Because motor vehicles are so dangerous, vehicle owners in Florida are legally and financially responsible for a Florida traffic accident that results in an injury or death caused by the operation of a vehicle they own, regardless of who is driving.

In 2005, the United States Congress enacted the Graves Amendment. It insulates the rental car and leasing industry from being sued when one of their leased or rented vehicles causes a traffic accident. The amendment was named after Missouri Congressman Sam Graves and was stuffed into a broader piece of transportation legislation signed by President George W. Bush. Arguably, this conflicts with Florida's Dangerous Instrumentality law.

On January 15, 2003, a Virginia law firm leased a car from Daimler Chrysler Financial Services. The four-year-lease required the law firm to maintain at least $100,000 of bodily injury insurance per person and $300,000 per accident.

When Terrell Parham drove the car to Florida with the firm's permission, he crossed over the median of a Florida highway and crashed into a car driven by Alejandro Rosado. Just one day before the crash, the insurance on the leased car had lapsed. Rosado was seriously injured from the traffic accident and sued Parham, the law firm, and Daimler Chrysler. Rosado claimed that Daimler Chrysler was legally responsible under Florida's dangerous instrumentality law.

The leasing company argued it was not responsible since the Graves Amendment is a federal law that takes precedent over Florida's law. Rosado argued that the Graves Amendment is unconstitutional and therefore should not apply. Since the Graves Amendment applies to both rented and leased vehicles, a finding of unconstitutionality in either a Florida leasing or a rental car injury case would invalidate the law for both businesses.

The trial court agreed with Daimler Chrysler and dismissed Rosado's case. Rosado unsuccessfully appealed to Florida's Second District Court, forcing an appeal to Florida's Supreme Court.

Sadly, the Florida Supreme Court also ruled in favor of Daimler Chrysler, stating that the Graves Amendment gives leasing corporations immunity from liability. This liability extends to the leasing corporations even when the mandatory liability insurance has expired. In other words, leasing corporations and rental car companies are not obligated to comply with Florida's financial responsibility law.

I agree with Justice Labarga's dissenting opinion - why should corporations like Daimler Chrysler enjoy the protections and benefits the Graves Amendment affords without the burden of maintaining liability insurance to compensate those who are hurt in accidents caused by their vehicles?

Corporations like General Motors, Ford, Avis and Hertz all make money from leasing and renting cars and trucks. By definition, their product is a "dangerous thing." Mr. Rosado was an innocent victim of a car accident caused by a dangerous thing that Daimler Chrysler owned and made money from. Businesses must be held accountable for any damage their property causes--and certainly, corporations should be held to the same standard as an individual who owns a car or truck. Sadly for Mr. Rosado and anyone else who gets hurt by a rental car in Florida and is left with medical bills, time off from work our Supreme Court does not agree.

Dear Miami Car Accident Lawyer:

I've been involved in a car accident in South Florida. It was kind of my friend's fault, who was driving, so I'm not trying to sue her or anything. Ever since the accident I am in pain. I don't have any health insurance and I haven't seen a doctor. I would like to see one but I just can't afford it. I'm afraid to go to the emergency room because I don't have the time or the money for a big bill. I don't think I am that badly hurt, but I wouldn't mind getting it checked out. How do I get my medical bills paid after a car accident? I don't own a car but I live at home with my mom who does and I don't want her insurance to get involved or nothing. Can you help?

Thanks,

Dear Kendall:

Thank you for your email. I am sorry you were involved in this accident but am very happy to hear that you are not seriously hurt. Based upon what you have told me, even though your friend may have been at fault for the accident, your mom's PIP insurance would be primarily responsible for paying your medical expenses (assuming that you live with her).

Many people who are hurt in Florida car accidents are surprised to learn that their own PIP insurance is responsible for the first $10,000 of their medical bills, even when they are not responsible for causing the accident. Your mother's insurance will be the first to pay since you live with her and she owns a car. There may be a deductible that will be applied to your bills. If you do not live with her, your friend's PIP insurance would be paying.

Florida's Governor Rick Scott recently revamped our PIP laws. His changes now make it much more difficult to get medical bills paid after a car accident. There are also a lot of new restrictions limiting what kind of healthcare provider will qualify for PIP payment. I blogged about this recently for the Huffington Post in my article "Rick Scott's PIP Dream Comes True."

I strongly recommend that you go to the emergency room or a medical doctor who is qualified to evaluate a trauma injury. Your health is much more important that the potential cost. I have had cases where a seemingly minor injury turned fatal. I don't want this to happen to you.

Our office offers free consultations to anyone needs a personal injury lawyer in Florida. Feel free to contact me at your convenience for any other questions you may have.

Respectfully,

Spencer Aronfeld

Injury lawyers in Florida refer their clients to "certain" doctors for a variety of reasons. Some lawyers have ongoing relationships with orthopedic surgeons, chiropractors, radiologists and neurologist. For example, when a client comes to our Miami law office for a slip and fall, car or truck accident, we recommend healthcare providers we know and trust. We do this because it is important that our client receive the proper diagnosis and treatment. In addition, we try to work with doctors who are ready, willing and able to participate and testify if needed.

Not surprisingly, most Florida doctors want nothing to do with a patient's personal injury claim. Often a client will call their own primary care doctors after an accident, only to be told that the doctor "does not treat personal injuries." Perhaps, the doctor knows that accident injury claims result in a greater scrutiny of medical records and bills. They also know that there is a high probability they will be subpoenaed to testify at a deposition or trial. Testifying can play havoc on a doctor's busy schedule; keeping them out of their office or off the golf course for a day.

There are also some Florida doctors and "accident clinics" that love personal injury cases. They have their entire practice set up to process insurance claims. Most of these accident clinics provide medical service on what is commonly referred to as a Letter of Protection, or LOP. An LOP is a contract between the health care provider, patient and lawyer promising that the doctor will get paid for all treatment, testing and reports from any settlement money.

People are shocked to learn just how much doctors charge when giving treatment on an LOP. However, since many injured victims have no insurance, treatment options are limited. I suggest you ask about treatment costs in advance and avoid going to an accident clinic.

Auto insurance companies are becoming increasingly skeptical of claimants represented by lawyers who frequently utilize the same group of doctors. They want to discourage injured plaintiffs and their lawyers from using certain doctors who make strong, credible witnesses at trial.

For example, GEICO is aggressively going after a South Florida personal injury law firm that is representing a woman in a uninsured motorist claim. GEICO is trying to find a financial relationship between the firm and a particular physician. They tried to take the deposition of the firm's office manager and requested copies of all LOPs, records of payment, phone records and depositions regarding every case in the firm's possession.

The firm asked the judge to stop discovery by moving for a protective order. The judge denied the request, ordering the firm to produce the records with the client names redacted. The firm appealed to the Fourth District Court of Appeal. The Fourth reversed the trial judge, holding that is improper to order lawyers to produce the requested documents without proof of a "financially beneficial relationship." However, the court seemed willing to allow more discovery so long as that kind of evidence is shown. Read the opinion here.

This case represents a new threat by the auto insurance industry to Florida's injury victims and their lawyers. It indicates a willingness to allow insurance companies to delve into a law firm's financial data. I hope this will not discourage lawyers from sending their clients to the best health care providers out of the fear of an aggressive and invasive examination of their finances.

Each year more than one million people die in traffic accidents worldwide. Pedestrians account for more than a third of all traffic fatalities. Dr. Motao Zhu, is an assistant professor at the Epidemiology and Injury Control Research Center at the West Virginia University School of Public Health. He just released a study that shows that men are 2.3 times more likely to get killed in a pedestrian accident than women. Why?

According to Dr. Zhu, men are more likely to cross streets with high speed limits, and more likely to be impaired by alcohol and drugs. He recently told the New York Times, that "most people know it's not safe to drive drunk, but it's not safe to walk drunk either."

Our Miami lawyers have investigated thousands of pedestrian accident cases across Florida over the last twenty years. Nearly every case involves a male victim who was not using a designated crosswalk. More than 75% of fatal pedestrian accidents happen at night with the victim wearing dark clothing. And unfortunately, many of victims and/or drivers were also intoxicated. We have also found an alarming number of pedestrian accident victims were hit while crossing the street while texting or talking on a cellphone.

Florida's pedestrians are governed by Florida Statute Section 316.130. It requires that people crossing the street follow and obey the same traffic signals as though they are driving a car or truck. Many people who get hit crossing the street in Florida mistakenly believed that pedestrians have the right-of-way over vehicles. This is not true. Actually, unless the person crosses at a marked crosswalk, pedestrians must yield the right-of-way to all vehicles.

We want you to avoid becoming a Florida pedestrian accident statistic and recommend the following safety tips:

1. Use the Crosswalk. It may take you a few extra minutes to walk to the end of the block to use a crosswalk, but it could save your life.

2. Use the Sidewalk. Whenever possible use the sidewalk rather than walking in the roadway.

3. Walk Facing Traffic. If there is no sidewalk walk on the shoulder facing traffic.

4. Walk Don't Chat or Text . Avoid talking on cellphones or texting while crossing the road. Texting can distract pedestrians just like drivers. Even a momentary distraction can be fatal.

Geico won a significant victory in Florida's 2nd District Court of Appeal when it got a million-dollar Pinellas County jury verdict overturned. Polly DeGrandchamp, sustained a neck injury in a rear-end car accident in Tampa. Fortunately, unlike most Florida drivers, she had purchased Uninsured and Underinsured Motorist Insurance from GEICO.

Florida law permits claimants, who are hurt in car or truck accident to seek damages for future medical expenses when the evidence shows that they are "reasonably certain to be incurred" and reasonably priced.

Following her car accident, Ms. DeGrandchamp sued GEICO to compensate her for future medical expenses to treat her neck injury. The Pinellas County jury returned a verdict in her favor for $1,250,000. Not surprisingly, GEICO was unhappy with the verdict, and filed a Motion for Remittitur under Florida Statute Section 768.43, which was denied. Motions for Remittitur or Additur allow a trial judge to reduce or increase a jury verdict that is not based upon the evidence. The trial judge denied GEICO's motion and GEICO appealed. The Second District Court disagreed with both the jury and trial judge and ordered a new trial.

Ms. DeGrandchamp had two doctors testify at trial that it was "reasonably certain" that, in the future, she would continue to have problems with her neck. This type of testimony is considered to be expert testimony. First, she had a interventional radiologist opine that patients like Ms. DeGrandchamp, need nerve-root blocks consisting of six shots and would need to return every year or so for further evaluation. However, the expert failed to testify as to Ms. DeGrandchamp's specific treatment needs. Her second expert witness also testified that she "probably" needed those injections and "possibly" surgery costing between $50,000-$60,000. However, he had no opinion on the cost of any other treatment.

During her lawyer's closing argument, he suggested that her future medical expenses would be in the $80,000-$90,000 range for an estimated life expectancy of 46 more years. There is no other explanation as to why the jury returned a verdict for $1,250,000. Read the entire opinion here.

This case is yet another example of the power of Florida's appellate courts to over-ride both a jury's verdict and rulings by a trial judge. GEICO dodged a million-dollar-bullet thanks to the Second District Court of Appeal. Now, Ms. DeGrandchamp will have to start all over with a new trial or accept whatever amount the trial judge ends up deciding is fair.

The most common kinds of car accidents in Florida are rear-end collisions. Anyone who spends a lot of time in traffic has either had or almost been involved in a rear-ender. I am a Miami car accident lawyer and have over 20 years of experience in helping people who have been involved in a rear-end accident.

Rear-end traffic accidents occur when one vehicle hits another directly from behind. Most commonly, these occur when a car or truck is stopped at an intersection, stop sign, or in traffic, and the following vehicle does not have enough time to brake, colliding with the first. According to the National Highway Traffic Safety Administration (NHSTA), a rear-end collisions occurs every 8 seconds. In fact, every year there are more than 2.5 million rear end accidents resulting in 40,000 fatalities.

When both vehicles are about the same size and weight, the amount of property damage is usually the same. However, if one of the vehicles is much larger than the other, the smaller and lighter vehicle will sustain more damage subjecting the occupants to more serious injuries.

Frequently, rear-end collisions happen without any notice to the front vehicle. These types of sudden impact give the occupants little to no time to brace themselves. When occupants are turned or reaching for something and not seated directly facing forward, they can be very seriously hurt. Most seat belts are designed to restrain passengers from rear-end impacts while facing directly forward facing.

People who get injured in a rear-end car accident in Florida will now face a more difficult legal battle to prove who is at fault. For more than 50 years, Florida courts have relied upon the case of Bellere v. Madsen, which held that defendants who run into the rear-end of a plaintiff's car while stopped for a traffic light or at an intersection were "presumptively" responsible for causing the accident. The Bellere case created the legal concept of the "rear-end presumption." The reason for the presumption was created was because of the assumed lack of knowledge as to how or why the accident occurred.

The Bellere case gave front car drivers a significant legal advantage with the presumption. However, over the years the presumption began to vanish, as courts recognized that evidence can be produced where a jury could conclude that the rear-driver was not the sole cause of the collision. The courts have used the presumption as an evidentiary tool in trials to facilitate the admission of a certain types of evidence of negligence and by filling a void where there is "relevant jury question on the issue of liability and causation."

On November 21, 2012, the Florida Supreme Court ruled in the case of Birge v. Charron that Florida's long standing presumption of negligence on the part of the rear driver can now be rebutted by evidence that the front driver in a rear-end collision was negligent and at fault in bringing about the accident. Now when evidence exists that rebuts the presumption, the issue of who is at fault is submitted to the jury. This ruling reduces the presumption to a mere legal inference which a jury can consider or reject, when finding negligence on the part of the rear-end driver.

This case also now expands the rear-end presumption doctrine in cases to other injured parties, where there is an absence of evidence that anyone other than the rear-end driver is at fault to claims made by the drivers or passengers in either vehicle. I believe that juries should be provided with all relevant evidence of how a car accident occurs and decide the case on the merits. Some truck accident attorneys in Florida think that this ruling will make it more difficult to win cases against the rear vehicle. I disagree, especially in cases that have evidence that the front car or truck made a sudden and unexpected stop, causing the collision. Injured drivers and passenger can now provide the jury with a strong argument that will overcome the rear-end presumption.

Driving while texting is far more dangerous than people know. If drivers knew how much a simple text message increased the likelihood of causing a deadly Miami traffic accident, I feel sure they would never do the two activities simultaneously again.

First of all, the number of people who die in my home state, Florida, on our highways is unacceptably high in general. According to the Department of Transportation, there are 40 percent more traffic deaths per vehicle mile here than the national average. Drug and alcohol use are contributing factors, but so are inattention and decision errors.

Nationally, the situation is also dire. The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) estimates that there are at least 3,000 deaths annually from distraction-affected crashes - and 18% of all crash injuries involve drivers who were using a cellphone. Texting while driving is the most dangerous activity. This is because it involves the use of your hands, eyes and intellect at once. Drivers who are texting cause 23 times more accidents than those who aren't distracted. Simply writing or reading a text takes your eyes off the road for 4.6 seconds. At 55 mph, that's like driving the length of a football field, blindfolded! It's extraordinarily risky.

Our Florida personal injury lawyers specialize in investigating traffic deaths. We believe no text message is worth a life. Distraction-caused crashes are completely avoidable. By simply putting our cellphones away we can reduce driver distraction, prevent injuries, and save lives.

As Denise McGriff was stopped at a red light in Broward County, she was confident that she had done everything she could do to protect herself and her family from being injured in a rear-end car accident. She was behind the wheel of a brand new Toyota truck with her seatbelt fastened, and had purchased what her car insurance agent described as "full coverage."

As she carefully waited for the light to change, her life was about to change as well. A young woman driving her mother's 12 year-old-car, lost control and slammed into her from behind. Mrs. McGriff was taken via ambulance to the nearest emergency room. Over $10,000 worth of diagnostic tests revealed a serious knee injury requiring surgery.

At least once a day we are hired by people who have been hit by a car, truck or van to investigate their claims. One of the first things our lawyers do to evaluate a Florida car accident is obtain and verify insurance coverage. Our clients tell us that they have "full coverage" relying on their trusted insurance agents to have protected them properly. In fact, "full coverage" is far from "required coverage" in Florida.

Car owners in Florida are only required to have Personal Injury Protection Insurance (PIP) and Property Damage (PD). PIP only pays the medical expenses of the driver and any passengers regardless of who is at fault. If a passenger is injured, the driver's insurance will cover them when a passenger does not have their own PIP.

Unlike most states, Florida does not mandate vehicle owners to carry Bodily Injury Insurance. This means that only hospitals and doctors are guaranteed payment. Without Bodily Injury Insurance the truly injured rarely obtain compensation for pain and suffering. Why do you think those clinics are always advertising on the radio for car accidents? They know regardless of who is at fault, there is $10,000 worth of PIP benefits available in nearly every Miami car accident.

As a personal injury lawyer in Miami, I recommend that if you own or operate a car, truck, or van in Florida, that you verify your insurance coverage immediately and confirm that you in fact have purchased Uninsured Motorist Coverage. In Florida, Uninsured Motorist Coverage is so valuable that the law requires anyone not purchasing it to sign a rejection letter, verifying they understand the significance of refusing it.

Compounding the confusion, Florida car insurance companies do not sell Uninsured or Underinsured Motorist coverage separately. One must first buy Bodily Injury Coverage to be entitled to purchase Uninsured Motorist Coverage. For those of us trying to save money, it becomes easy to say no to the additional expense. This is a mistake that can and does often end up costing the injured compensation in the future.
Mrs. McGriff unfortunately learned the truth about Florida's car insurance scam. She believed her insurance agent had sold her "full coverage." The driver who hit her did not have the Bodily Injury Coverage. Nor did Mrs. McGriff purchase Uninsured Motorist Coverage. This left Mrs. McGriff without compensation for her pain and suffering and her needed surgeries.

Do not let this happen to you or your family! It is very important to confirm your insurance before an accident as you cannot retroactively purchase this vital protection. There are a lot or personal injury law firms in South Florida. Aronfeld Trial Lawyers believe that by following this simple advice, we can provide the best legal protection for our clients before tragedy strikes. Miami, Fort Lauderdale, and the Keys are some of the most dangerous places in Florida to drive. Purchasing Uninsured Motorist Coverage is the only way to ensure that should an accident occur, you and your family will receive the compensation you are entitled.

Our lawyers are deeply saddened by accidents caused by drunk drivers. Recently, Tiffany Ann Woodham and her unborn baby girl were killed in Tampa, when they were killed when a van driven by an intoxicated driver struck the rear of her car. Doctors tried unsuccessfully to save her unborn baby girl by attempting to perform an emergency C-Section. Sadly, both mother and baby died. Our prayers go out to Ms. Woodham's family.

According to the Polk County Sheriff's Office, the driver of the van, 37 year old Thomas Dick of Tulsa, Oklahoma was charged with vehicular homicide, DUI manslaughter and several other charges. Dick was speeding and had a blood alcohol content of .131; almost twice the legal limit in Florida. Perhaps it is time we reconsider mandatory ignition interlocks on all vehicles. These devices prevent intoxicated drivers from starting their car.

Accidents caused by drunk drivers reinforce the need to find a better solution to prevent this from ever happening again. As Thanksgiving nears, more and more Floridians will be exposed to drivers under the influence. According to the Florida Highway Department of Safety and Motor Vehicles Traffic Crash Statistics Thanksgiving travelers experience more alcohol-related car and truck accident deaths compared to any other holiday.

The combination of traffic and drunk college kids is a deadly mix. Last Thanksgiving, our Florida Highway Patrol took 136 apparently drunk drivers off of state highways and issued nearly 5,000 more speeding tickets. The National Highway Traffic Safety Administration reported 431 traffic accident deaths, nearly half related to alcohol last year during the 4 day Thanksgiving holiday. And take note, Thanksgiving Eve, or Blackout Wednesday, is the biggest drinking night of the year for college students returning home for the holidays.

Thanksgiving night is the most traveled holiday time of the year by car. In fact, 61 percent of all passengers last Thanksgiving were killed between the hours of 6 PM and 6 AM. To survive this Thanksgiving, here is my number one Miami car accident lawyer safety tip: WEAR YOUR SEAT BELT. You think this is obvious? Fifty-one percent of the 22,187 passenger vehicle occupants who were killed in motor vehicle crashes last year were NOT wearing seat belts. Your family is expecting you for dinner. So, please buckle up.

In Florida, drunk drivers cause more than 20,000 pedestrians, motorcycle, car and truck accidents each year-killing 1000 people. Losing a loved one to a drunk driver is a needles tragedy, that leaves families shattered emotionally and financially. Why is stopping Florida's drunk driving accidents and fatalities so difficult?

Traditionally, we have tried to prevent alcohol related accidents with criminal convictions and use of the media. For instance, in Florida over 30,000 people a year are convicted for Driving Under the Influence. Most convictions occur in Tampa (3,256), Miami-Dade (2,274) and Duval (2,222). In spite of high conviction rates, Florida's alcohol related accidents, injuries and deaths continue to rise.

Media's role has played a significant role in DUI prevention by using billboards and television commercials paid primarily by Mothers Against Drunk Driving (MADD). This organization provides valuable resources for drunk and distracted driving prevention, data collection and lobbies Washington for additional funding. Recently, MADD called upon the Senate to consolidate the multiple Federal driving safety programs into the newly enacted transportation legislation MAP-21.

One of the primary goals of MAP-21 will be to incentivize states to mandate ignition interlock laws aimed at all convicted drunk drivers. Ignition interlocks are installed in vehicles to detect breath alcohol levels and prevent a car from starting if it a driver's blood alcohol concentration exceeds a pre-set limit. The technology is the same that is used by Florida law enforcement during roadside screenings. Florida Statute §316.193 requires that interlock devices be installed on any car used by a person arrested and convicted of Driving Under the Influence after July 1, 2002.

Unfortunately, increased DUI convictions, media attention and the use of interlocks is not working. It is time we focus on the real root cause of drunk driving- alcoholism. Alcoholism is a disease that afflicts nearly 14 million Americans. According to the U.S. Preventive Services Task Force, an effective and underutilized way to stop DUI accidents in Florida would be to provide more effective screening and treating of alcoholism by doctors and nurses.

For instance, America's primary care doctors and nurses are in an ideal position to screen patients and intervene for those who are abusing alcohol.This should be done at yearly check-ups or anytime they have patient interaction by determining if the patient is drinking too much. Many people are often surprised to learn how much alcohol they actually consume in a given week. Since the amount of liquid in a glass, can or bottle does not reflect the amount of alcohol one drinks. For example, all beers, wine and spirits have different percentages of alcohol.

According to the National Institute of Alcohol Abuse and Alcoholism, men who consume in excess of 14 drinks per week and women who consume in excess of 7 drinks a week are at risk. If it is deemed that the patient is at risk for alcohol abuse the doctor should provide counseling and intervention.

Florida's wrongful death law §768.21 provides additional protection for those injured or killed by drunk drivers by allowing victims the right to claim punitive damages to punish the wrongdoer. In Florida driving with a blood alcohol level in excess of .08 is considered intoxicated. §768.736 does not limit the amount of punitive damages that the injured is entitled to recover against a drunk driver.

Punitive damages are available if you have been hit by a drunk driver or a passenger in a car driven by a drunk driver. It is important to hire a Miami lawyer who sues drunk truck drivers to obtain the full value of your case.

Those injured while intoxicated may not be able to sue for an injury or death in Florida. Florida Statute §768.36(2) prevents the injured from recovering for his or her loss if at the time of the accident, the plaintiff was under the influence of drugs or alcohol and as a result is more than 50 percent at fault for his or her own harm.

Florida's Personal Injury Protection Insurance, or "PIP" is supposed to pay for medical bills and lost wages when you get hurt in a car wreck and meet the legal requirements. According to Florida Statute §627.736, to qualify for PIP benefits after a Florida traffic accident, the injured must be one of the following:

1. Named as an insured on the PIP policy, or
2. A family member who lives in the same household, or
3. The driver of an insured vehicle, or
4. The passenger in an insured car or truck.

Florida's auto insurance industry is notorious for refusing to pay PIP benefits or attempting to reduce the amount of the bill. When that happens, it is considered to be a breach of the insurance contract. Lawsuits filed against PIP insurance providers for this breach are called PIP suits.

Kevin Whitehead is considered to be one the most experienced and successful PIP Suit lawyers in Florida. He reveals some PIP Suit secrets that no insurance company wants you to know. For instance, most medical care providers ask their patients to assign their PIP insurance rights to sue the insurance company. The majority of PIP suits are filed on behalf of MRI Centers, Rehab Clinics, Doctors and Hospitals to collect for unpaid medical bills.

According to the Sun-Sentinel, since 2006 Broward County has had over 23,500 PIP suits filed. Nearly 6,000 PIP law suits have been filed against United Auto Insurance alone for denying claims. United Auto usually provides minimum coverage car insurance policies to high-risk, low-income drivers. According to United Auto CEO Richard Parrillo, UA has spent $80 million dollars defending PIP suits over the last 4 years. Perhaps the real reason for the rising cost of premiums is due to the insurance company's attorney's fees?

If you have been involved in an car or truck accident in Florida and your PIP insurance company is refusing to pay the medical bills, contact an experienced PIP lawyer to protect your legal rights.

Sadly, 300 people a year drown to death in their own car or truck in the U.S. alone. The third leading cause of death in Palm Beach County Florida is drowning in motor vehicles after crashing into a canal. In Florida, this happens to drivers that fall asleep behind the wheel and drift off the road or get hit by another car or truck. It only takes 6 inches to 2 feet of water to cause a vehicle to float off its wheels. And most cars can only stay afloat between 30 seconds and 4 minutes. Often electricity shorts out immediately after hitting the water.

Florida's most dangerous drownings occurs if a car goes nose down into a canal. The increased pressure on the doors make them impossible to open. Once the electricity goes off, panic sets in causing the occupants to consume more oxygen. Often they lose consciousness; making an escape unlikely.

Our Coral Gables PI law firm is committed to driver safety and the prevention of drowning injuries and deaths. We urge every vehicle owner to purchase an escape tool that can quickly punch out a window and cut a seat-belt. These tools can save your life by allowing you to escape from a sinking vehicle.

As a Doral car accident lawyer I strongly recommend LifeHammer which can be purchased at hardware stores and on Amazon for less than $15.00. What is great about the Lifehammer is comes with a mounting bracket to keep it in place within your vehicle's console until needed. I am not sure whey these types of devices are not required in all vehicles as they can save lives.

Here are 5 ways you can save your own life if your car or truck gets submerged in a Florida canal or flood.

1. Keep several escape tools in the car and one in the glove box. They can be hard to find in a panic situation.

2. Release your seat-belt immediately.

3. Open your window.You may have to wait until the car fills up with water to equalize the pressure inside the vehicle so you can release the door.

3. Keep your hand on the door handle at all times and keep trying to open it.

4. Escape together. Once the door opens; all passengers should hold hands and escape together.

5. Rehearse the escape drill with family and children before leaving on a trip.

Remember the primary goal in the event you find yourself in a sinking vehicle is to get yourself and your passengers out as quickly as possible. Under no circumstances should you sit and wait with the hope that help in on the way.

And now for the good news: the number of annual traffic fatalities in the United States has decreased since 1990 according to the U.S. National Highway Traffic Safety Administration. Yet Florida in general and Broward County in particular continues to rank amongst the most dangerous states in America.

The Florida Department of Highway Safety and Motor Vehicles keeps track of crashes and fatalities per Florida county. According to the FDHSMV County Crash and Fatality Rates, in 2009, 260 people died in Miami-Dade, making it the most dangerous county in Florida. An alarming, 74 of those who died in Miami car accidents were alcohol related compared to 58 in neighboring Broward County and 62 in Palm Beach County.

Since 2009 the number of people who die in Florida car, motorcycle, bicycle and pedestrian crashes continues to decrease. Most likely this has been influenced by economic conditions that have forced many to drive less frequently due to unemployment and the cost of fuel. Another factor is the increased safety of cars and trucks, the emphasis on wearing seat-belts.

The statistics clearly support that Florida's seat-belt laws can and do save lives. When drivers and passengers wear seat belts the number and severity of injuries is greatly diminished. In 2010 there were over 67,000 reported accidents. In Florida only 8.45% of belted drivers died compared to 17.48% of unrestrained drivers. The same is true of passengers where 49 belted passengers died compared to 142 unrestrained passengers.

Florida's seat belt law is clear: all front seat passengers must wear seat belts. Passengers 18 and under must be either restrained by a belt or in a child car seat. The law applies to all cars, pickup trucks, and vans operated on Florida roads. It is the responsibility of the driver to make sure that the passengers comply with the law.

Why is driving in South Florida so dangerous? It might be the number of tourists and those who have recently relocated from countries that have "less sophisticated" drivers. It might have something to do with the number of senior citizens with impaired vision, hearing and reflexes. I believe it is the combination of all these factors that make South Florida a very dangerous place to drive.

Our Fort Lauderdale car accident injury law firm is committed to keeping Florida's drivers safe and alive. We recommend the following safety tips to avoid being injured or killed in a car wreck:

1. Always wear a seat belt.
2. Stay off of cellphones.
3. Save texting for later.
4. Do not eat or drink while driving.
5. Do not smoke while driving.
6. Under no circumstances should you ever drink and drive.