Who is to Blame in a Rear-End Car Accident in Florida?

Dear Miami Car Accident Lawyer: Last night when I got a call that my grandfather was sick with pneumonia in the hospital and I needed to come right away. I was in a hurry to get there, and I forgot to put on my seatbelt. While waiting at the light, some old lady in a convertible Mini Cooper was putting on her lipstick. I could see this in my rear view mirror. The light turned green and all the cars started to move but someone ran the red light causing me to stop suddenly. Of course, that lady hit me. The cops came and the guy who ran the red light got a ticket- but so did I for not wearing my seatbelt. As far as I can tell the old lady did not get a ticket for hitting me- but I am not sure. The cops asked me if I was hurt- and I told them I was going to the hospital anyway to see my grandfather and I would have it checked out there. Which of course, I didn’t. Today when I woke up and was getting ready to go to work- I felt very stiff and sore. And now I want to see a doctor. My roommate says since I got the ticket and didn’t go right away to the hospital I missed my chance. What do you recommend I do? Hurt in Hialeah     Dear Hurt in Hialeah: Thank you for your email and I am sorry to hear you were involved in this accident. Most importantly, we recommend that our clients seek medical...

Restaurant Owner Out $2 Million After Son Causes Miami Auto Accident

Restaurant Owner Out $2 Million After Son Causes Miami Auto Accident Most people rarely think about the repercussions of using their personal vehicle for purposes other than their personal use. A case recently decided in the United States Southern District Court of Florida proves that the purpose and use of automobile plays a big roll in determining who is responsible for compensating the victim(s) in case of an accident. In the subject’s case, a young driver caused severe injuries to the female driver of another vehicle. The at-fault vehicle was owned by the driver’s father, who also owns a restaurant. The young driver stated that his vehicle was being used for personal reasons at the time of the accident. He argued that he was using the vehicle to pick up a family member from school. Their personal insurance company tendered their full policy limits of $100,000.00 to compensate the injured party. However, her injuries were so severe, that this amount did not adequately compensate her for her injuries, pain, and suffering. The accident happened during Christmas break and schools were closed for the holidays. The lawyers for the injured party thoroughly investigated the routes that the vehicle took for business purposes and it was determined that at the time of the accident, the vehicle was being used to run an errand for the restaurant. A jury found that the restaurant was also responsible for the injuries because the accident occurred while the driver was operating the vehicle within the scope of his employment with his father’s restaurant business. The jury returned a verdict of $2,000,000.00 to compensate the victim...

How Soon Should I Seek Medical Treatment After My Miami Car Accident?

Dear Miami Car Accident Attorney: I got rear-ended a couple of weeks ago by a lady in a big Audi as I was trying to park at Chipotle. I got out of the car- there wasn’t much damage to my car-and I felt a little shaken up– but not hurt. While I was eating my burrito I started to feel a little pain in my left knee. I used to play football in high school (tight end if you are wondering) so I have a very high threshold for pain. I decided to just shake it off. That night my knee started swelling up. My mom suggested I go to urgent care- but with the hurricane, my demanding job and Halloween, who has the time? It still hurts and now I’ve developed a limp. My friends tell me it is because I am favoring the other knee when I walk. It hurts to stand for long periods of time- and I am taking more and more Advils. I am also feeling a little depressed lately- I think it might be from the pain. Is it too late for me to do anything about this? I need your help. Thank you, Sore Knees in Sweetwater ________________ Dear Sore Knees: Thank you for your email. I am sorry to hear about your accident and knee pain. The most important thing we can recommend you do is to see a doctor, regardless of whether or not you have a case. You may have torn a ligament or tendon in your knee, and the longer you walk, run, sit, squat or rollerblade on...

Can I Make a Car Accident Claim Even If I Get the Ticket?

Dear Miami Car Accident Lawyer: At two o’clock this morning I got into a car accident in South Miami– at an intersection just off of US1. For some reason, the cop gave me the ticket, even though I told him my light was green. My car was totaled and now I am having a lot of neck and back pain. I don’t want to rack up a ton of medical expenses by going to one of those cheesy pain clinics that advertise on billboards. My friend told me that since I got the ticket, I could not make a personal injury claim- even if I wanted to. Need your help. Thank you, Ticketed at Two AM Dear Ticketed at Two AM: I am sorry you were involved in this Miami traffic accident, but am glad you contacted us. First and most important than your ticket and the potential car accident claim is to get your neck and back examined by a competent doctor. Given that your accident happened just last night- I would strongly recommend that you are seen at your nearest emergency room. I recommend Doctor’s Hospital in Coral Gables as they have an excellent ER and many of the best orthopedic surgeons in town. Hospitals are excellent places to get fast and sophisticated diagnostic testing like X-rays, MRIs, CT, and Pet Scans. Once you are discharged, they will make recommendations on who, where and when you should follow up such as an orthopedic surgeon, neurologist, pain management specialist or physical therapist. Or some combination of all these specialists. And don’t worry about paying your hospital bill, provided...

6 Ways to Avoid Getting Arrested for a DUI in Miami

Driving Under the Influence (DUI) arrests were down 10% in 2016 from 2015 according to Florida’s Uniform Traffic Citation Statistic.  In 2016, there were 3,156 arrests for Driving Under the Influence in Miami-Dade County, alone. Of those arrests only 13 were found to be not guilty, 725 were found to be guilty, and over 1000 more were dismissed for various reasons. Most of the people were arrested by City police officers (2,754) versus Florida Highway Patrol (389).  This represents a considerable decrease from 2015 where there were 3558 DUI arrests with 21 found to be not guilty. Given both the criminal and civil ramifications it is still hard to believe that anyone would get behind the wheel of a motor vehicle today- but sadly it still happens. Florida’s Highway Safety and Motor Vehicles Department has a very aggressive campaign called “Think Before You Drink” to educate drivers and passengers of drivers how to avoid drunk driving and drunk driving accidents in Miami, especially since there are many reasons that people celebrate and drink throughout the year.  With Halloween parties and the holidays just around the corner, our personal injury lawyers believe that having a strategy as to how you will get home is important before one begins drinking (even just one alcoholic drink). Here are 6 ways to avoid getting arrested for driving under the influence or causing a DUI accident: Always Plan How You Are Getting Home-Before the party begins.  Our personal injury lawyers recommend that you take UBER, LYFT or a taxi or bus to or from any event that you may drink at. Always Buckle Up-...

3 Ways to Prevent Teen Motor Vehicle Accidents and Injuries

My son recently received his Learner’s Permit to drive- and was bittersweet for a number of reasons- as a father seeing his son taking the next major step towards adulthood and independence- knowing that soon he won’t need me to drive him to the park, or pick him up from the bus stop after school. As a Miami personal injury lawyer- who has represented both teen drivers and their families who have been seriously hurt by others and the families of those who have been hurt and even killed by teen drivers- I worry. One reason is the statistics.  According to the Centers for Disease Control and Prevention, motor vehicle crashes are the number one cause of death for teens in our country.  In fact, in 2015, over 2000 16–19-year-old teens were killed and another 221,313 were treated in emergency rooms for injuries suffered in motor vehicle crashes.  This means that every day in our country six teenagers between the ages 16–19 die every day from car crashes. Since 1991 our Miami personal injury car accident lawyers have investigated thousands of motor vehicle crashes across the country and I believe that the great majority of them are preventable- especially those involving teen drivers. Number One: Seat Belts More than half of the teens (aged 16-19) who died in car crashes were not wearing seatbelts.  It is hard to believe that in today’s age people would still knowingly get behind the wheel of a car without first buckling up. But some teens have a sense of immortality- I guess we all did at that age- and may be so excited...
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