Articles Posted in Pedestrian Accidents

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Year-End Festivities and Staying Safe

New Year’s Eve and the celebrations that accompany it span the entire globe and just like almost every major city; Miami residents and visitors will be bidding farewell to another year while welcoming the start of another.  Unfortunately, New Year’s Eve festivities can sometimes get out of hand and celebration can turn to tragedy when negligence takes hold of a situation. The Perazzo Law Firm understands that one such act of negligence and perhaps the most common is driving while under the influence of alcohol or narcotics. Driving drunk or while intoxicated can lead to reckless driving, which in turn has the potential for tragedy behind the wheel. In order to stay safe and avoid an accident behind the wheel, the Perazzo Law Firm recommends that motorists opt for ride share services like Uber or Lyft. However, it is important to make sure that the Uber or Lyft driver is sober, and he/she is in fact the driver that appears on the rideshare app. The Perazzo Law Firm recommends that pedestrians take extra precautions when crossing at intersections or even when waiting to cross at a street corner. With regards to bicycle riders, the Perazzo Law Firm suggests they avoid riding in poorly lit areas and if possible, wear reflective or bright colored clothing. Riding in dark areas and wearing dark clothing makes it hard for drunk drivers to see them and this increases the chances of falling victim to reckless driving and negligence. When it comes to premises liability, bars, nightclubs and other public or private establishment owners and operators also need to take certain precautions to avoid New Year’s Eve ending in tragedy. Bar owners or operators need to take measures to make sure their patrons exit their establishments safely. For instance, a bartender should know when to stop serving a customer drinks that contain alcohol if that person is already in a state of drunkenness. Negligence on behalf of an establishment that serves alcohol can include allowing a customer to get behind the wheel of motor vehicle. In this case, measures should be taken to hire a rideshare service to safely take the intoxicated patron to where they need to go. In all, the Perazzo Law Firm suggests that individuals proceed into the new year with care and avoid acts of negligence that can end in an undesirable manner.

WHAT TO DO IN THE EVENT OF A CAR ACCIDENT

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CRASH TEST DUMMIES BEHIND THE WHEEL OF SMART CARS?

1661e426-8ea8-4d72-ac30-7f02bd902ffe-225x300Over 1,000 licensed drivers ages 18+ took part in a nationwide online survey to find out if smart cars are making drivers dumb through modern automotive gadgets like driver assistance Adaptive Cruise Control (ACC) and Lane Keeping Assist (LKA). According to the survey and its results, motorists behind the wheel of modernly equipped vehicles are taking more risks, especially when coupled with negligent cellphone use such as texting and driving. In fact, the results of the survey reveal that smart car drivers confess to using their cellphone negligently through video chatting and/or using apps while they drive. Texting and driving accounts for over 60% of drivers with ACC and/or LKA, with social media interaction accounting for over 50% of drivers. Obviously, this negligent use of cellphones while driving has led to distraction behind the wheel, which according to the National Highway Traffic Safety Administration (NHTSA), has resulted in 3,166 fatalities in 2017 nationwide and some 50,000 accident reports in Florida alone, which ranks 2nd nationwide behind Louisiana in terms of distracted drivers. According to EverQuote, just under 92% of all motorists in the U.S. use their cellphone while operating a motor-vehicle. In an interesting statement by the assistant vice-president in the Enterprise Research department at State Farm; “Innovations such as Adaptive Cruise Control and Lane Keeping Assist are designed to make our roadways safer and meant to assist drivers, not replace them.” It doesn’t take a rocket scientist to figure out that the constant construction works being carried in and around the Miami metropolitan area and the absurd traffic decisions taken by city officials, places motorists and pedestrians in ever-growing danger. Thus, and ironically enough, smartphones and smart cars seem to be making people dumber through neglect and overall distraction behind the wheel of a moving vehicle. Drive safe and let your cellphone ride shotgun and nothing more.

If you, a loved-one or friend has been in a car accident involving negligent cellphone use by a motorist in Miami, or in any of the Cities We Serve in Miami-Dade or Broward, Perazzo Law recommends contacting us ONLINE or CALL (786) LAWS-411 for a FREE initial consultation. Perazzo Law offers its personal injury clients ZERO-OUT-OF-POCKET fees.

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Perazzo-Law-Texting-and-Driving-Accidents-in-Miami-300x199TEXTING & DRIVING WILL SOON GET YOU PULLED OVER & TICKETED

Florida:  Texting & Driving is one of the leading causes of car accidents today, with thousands of accidents taking place everyday on Florida avenues, streets and highways. The Governor of Florida has recently signed a bill that will allow the authorities to stop motorists spotted texting & driving while behind the wheel and in motion. Nevertheless, drivers will be able to use their mobile device while their car, SUV, or truck are not in movement. Even though texting & driving has been illegal for many years now, cops have done little since they aren’t allowed to pull drivers over even if spotted texting & driving. In fact, there were only 1700 citations throughout 2018 to those caught texting & driving. Though the bill focuses on reducing the number of accidents caused as a result of distracted motorists using their cell phone to send & read text messages, it also aims to educate motorists on the grave consequences that come from texting & driving accidents in Miami & other cities where texting & driving accidents are more common. Motorists will not be allowed to text & drive but they will be allowed to use the cell phones to talk, use GPS services, check weather forecasts, and read emergency messages. As of January 1st, 2020, motorists caught with their fingers on the keypad will be issued tickets of $30 plus court fees. Repeat offenders will lose points & their licenses.

1661e426-8ea8-4d72-ac30-7f02bd902ffe-225x300Miami motorists have an incredibly hard time putting down their cellphones while driving. Motorists distracted by texting, voice messaging, talking and using GPS services also seem to add to the potentials of suffering an accident that may result in bodily injury to pedestrians, joggers, bike riders, etc. Florida ranks 2nd in the USA when it comes to accidents resulting from negligent use of cellphones behind the wheel, and despite cellphone use being worthy of a moving violation, it is not. Nevertheless, negligent cell-phone-use related accidents are on the rise on Miami streets and highways, with many of them leading to serious personal injury and even wrongful death. Using a cell phone behind the wheel can distract a driver enough to run over a pedestrian or rear-end a stopped vehicle. Though the driver may not suffer any injury, the victim may require medical attention, which can lead to medical costs and an insurance claim for compensation. The Perazzo Law Firm is vastly experienced in representing those that have fallen victim to motorist negligence as a result of cellphone use while driving in Miami. We strive to make sure our car accident victims and clients get the compensation they deserve for their injuries, damages, or losses.

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gavel-1238036-300x201TEXTING AND DRIVING COULD BECOME LAW

Just because law enforcement agencies in Florida aren’t pulling drivers over for it, texting while driving is actually illegal. But why exactly don’t they pull you over? Because the House has yet to decide whether or not to turn it into a law. This Thursday, the Florida Senate passed the bill that will give police officers the green light to stop and fine motorists caught texting while driving in Florida. Though not yet a full-blown law, it might soon be if the House approves turning the bill into law. According to the bill sponsor, the House will most likely accept the Senate’s proposal to allow police officers to stop drivers who are caught red-handed with their fingers tapping away at their smartphone screens. Though the bill doesn’t include reading off a cell-phone or using other devices while driving, it does prohibit drivers from actual texting. If passed by the House, motorists would have time to adjust to the new law by only citing a warning to motorists caught texting. Sadly, as of December 31st, 2019, drivers would be stopped and ticketed. According to the would-be law, drivers would get three points on their record, a $30 fine, plus fees to the costs of the court. Fortunately, loopholes exits. If a driver buys a Bluetooth hands-free phone, he/she can take a course on driver safety. Furthermore, the first offence would go unscathed. When passed, those in favor of the law expect accidents related to texting and driving to go down significantly. At present, a great number of pedestrian, bicycle, and motor vehicle accidents are the direct result of texting and driving. The bill, which last year only made it as far as the House, was denied due to concerns that police officers would have the legal right to invade the cell-phone owners privacy and raise concerns over racism or general prejudice with regards who police choose to pull over for allegedly texting while driving.

PERAZZO LAW SERVES THOSE INJURED IN ACCIDENTS DUE TO NEGLIGENT CELL PHONE USE IN MIAMI

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street-7-1199437-300x225PERAZZO LAW SERVES PEDESTRIAN ACCIDENT VICTIMS AND COMPENSATION CLAIMS IN MIAMI

FLORIDA: Today’s streets are no duck walk for Florida residents in cities such as Miami and Orlando; just two of the nine most dangerous places for pedestrians in the U.S., this according to the “Dangerous by Design’ report published by Smart Growth America and the National Complete Streets Coalition. According to the report, Florida pedestrians run a high risk of suffering severe personal injuries and even wrongful death by being run-over in the Miami-Fort Lauderdale-West Palm Beach area, which ranks 14th among the most dangerous places in America for walking. According to figures, there was a 35.7% increase in the number of pedestrian-related deaths in the ten-year period from 2008 to 2017, with over 49,000 reported fatalities across the U.S.A. With regards to Florida, close to 5.500 pedestrians died during that same time period. Ironically, traffic accidents declined by  just over 6% over the same ten years and can lead people to believe that driving is becoming safer than walking in Florida. Orlando ranks at the top in terms of Florida cities where pedestrian fatalities were reported, with 656 reported deaths from 2008-2017. Daytona Beach ranked 2nd, with Melbourne-Titusville and Sarasota-Bradenton ranking 3rd and 4th respectively.  The report aims to shed light on a truly terrifying trend for Florida pedestrians as the reasons for the increase in death rates can be attributed to social factors that combine with flaws in city infrastructure designs, which favored vehicles and not pedestrians. In other words, streets were originally designed for cars and not people, with the elderly ranking at the top when it comes to those killed in pedestrian accidents in Florida. It’s worth pointing out that most pedestrian accidents occur at intersections, at night, or within the minority communities.  The National Highway Traffic Safety Administration (NHTSA) reports that the rise in SUV and light truck use has led to more pedestrian deaths simply because being struck by these vehicles is more likely to cause fatal injuries. In order to revert this growing trend, experts believe that redesigning outdated urban streets is necessary to make cars and trucks less hazardous to Florida pedestrians. Experts believe pedestrian deaths can be averted by implementing intelligent solutions at urban crosswalks and intersections. Till then, pedestrians will have to keep their eyes peeled to the ever-growing traffic zipping through Florida’s urban areas like there’s no tomorrow.

PERAZZO LAW SHARES INSIGHT INTO PEDESTRIAN ACCIDENTS

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