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MEDICATIONS, ALCOHOL, AND MARIJUANA RELATED CAR ACCIDENTS

lawyer-perazzo-1-300x297MIAMI CAR ACCIDENT LAWYER SHARES NEWS ON DRIVING WHILE MEDICATED

Typically, car accidents are caused by negligent drivers who fail to observe rules of the road, failing to pay attention to other vehicles, distance between other cars, maintain their vehicles, exceeding the speed limit, etc. However, a driver’s ability to pay attention to the conditions of the road and the flow of the traffic can be affected by the carelessness of a trusted doctor or pharmacist.

We trust licensed and trained professionals without question. Whether its a doctor or a pharmacist or a mechanic, we assume the professional we hire to perform a service or prescribe medicine is trustworthy and holds our interest as a priority. However, at times these professionals make unintended mistakes or place their own interest and profit above the safety of their customers and patients. When it comes to prescribing medicine, it is easy to misdiagnose a disease. If a doctor fails to perform sufficient tests or fails to properly review findings, then an illness may be misdiagnosed, and the wrong medicine and treatment may be prescribed.

Even if a doctor properly performs all exams and prescribes the correct treatment and medicine, a mistake is still possible. Typically, a pharmacist who is not familiar with the patient or the patient’s medical history is charged with filling a prescription for medicine based on a doctor’s decision. A pharmacist may misread a prescription or fail to inquire as to what allergies or other medicine a patient may be taking. An allergic reaction or a mixture of medicines may lead to an impairment of ability to operate a motor vehicle.

When a motor vehicle collision occurs and causes an injury, the typical causes are assumed to be distraction or failure to safely operate a motor vehicle. Very few investigators inquire whether the driver of a vehicle may have been a victim of over medication at the hands of a careless doctor or pharmacist. A surprising number of motor vehicles is caused by drowsiness.

When making a claim for damages following a motor vehicle collision, the insurance adjusters representing the insurance company are quick to make an assessment and assign liability for the damage caused. If you have been a victim of a motor vehicle collision, it is important to consult a professional familiar with car accidents who will be able to properly investigate the case of the accident and provide you with any and all defenses that may be available.

At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Florida lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking to repair your home, you can rest assured our lawyers will be there for you.

If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights.


OUT OF CONTROL VEHICLES AND ACCIDENTS IN MIAMI

A constitutional ballot initiative presented by Make It Legal Florida was ruled misleading. Attorney General Ashley Moody ruled against the ballot after asking the justices to inform if the initiative would be fitting for a future ballot. The proposal by Make It Legal would have allowed Florida voters to determine if to permit Floridians, aged 21 and older, to possess and consume as much as 2.5 ounces of marijuana. The sponsor behind the initiative had raised $8.2 million for the effort, which is supported by Florida medical marijuana industry.  Additionally, Make It Legal Florida had also gathered over 556,000 of the 891,589 signatures necessary so that the measure can make the 2022 ballot. The initiative would have needed 60 percent of the vote in order to be added to the state Constitution had it made the ballot. Make It Legal Florida needs to redraft an entirely new amendment if they expect to make a future ballot. The lawyer representing Make It Legal, George Levesque, submitted a request for comment to the organization’s chairman, Nick Hansen. However, the requests for comment were not responded to by Hansen. In an unsigned opinion, five of the seven justices pointed out the use of the word “permit” in Make It Legal Florida’s initiative ballot summary. The justices contended that the amendment failed to effectively inform Floridians, that marijuana possession and consumption would remain illegal at Federal level despite being allowed under state law. “A Constitutional amendment cannot unequivocally ‘permit’ or authorize conduct that is criminalized under federal law,” Canady wrote. “A ballot summary suggesting otherwise is affirmatively misleading.” Matters such as these have been presented before the Florida Supreme Court on several occasions. According to Canary, when an amendment legalizing medical marijuana onto the 2016 ballot was being considering, the initiative supporters were able to steer clear of this snag. Ben Pollara, who ran the 2016 medical marijuana campaign, stated that Thursday’s decision by the Court highlighted the body’s rightward lean under Gov. Ron DeSantis. Three Court justices, all appointed by DeSantis, voted to strike Make It Legal Florida’s initiative from the amendment. Both the Florida House and Florida Senate filed briefs opposing the initiative. In 2021, New Jersey, New York, Virginia and New Mexico have made marijuana consumption legal, with at least 17 states and Washington D.C. legalizing its recreational use.


CANNABIS CONSUMPTION AND FLORIDA LAW

Recreational marijuana in Florida is legal. But what happens when negligent marijuana consumption leads to bodily injury, property damage, or losses, or wrongful death? In Miami, the Perazzo Law Firm understands the effects that negligent marijuana use can have on motorists, machine operators, service providers, and on any individual that consumes marijuana negligently. Marijuana that is high in THC can cause consumers to experience side-effects that can hinder the proper performance of tasks such as driving, operating machinery, or providing a public service. To fully understand the effects of marijuana consumption, no matter if medical or recreational, In the event of an accident, if the party at fault is suspected of negligent cannabis consumption, THC levels require lab testing of the cannabis consumed prior to or at the time of an accident would have to help determine negligent marijuana use that leads to personal injury and a possible personal injury claim for compensation.


CANNABIS CONSUMPTION AND DRIVING

In Miami, the Perazzo Law Firm staff of professional attorneys understand the effects that cannabis consumption, especially when containing high levels of THC, can have on the mental or physical condition of the marijuana user. But who’s to say stoners don’t drive well? While medical THC consumption offers many health benefits through cannabis pills, oils, edibles, and vapes; what negative effect can it have on those operating a motor vehicle or performing a task that requires focus for the well-being of others? Today, thirty-three U.S. states have made marijuana consumption legal, with only 10 states forbidding marijuana possession or consumption, regardless of medical prescriptions or foundations. In Miami-Dade, prosecutors have determined that the cost of charging those found consuming marijuana on a recreational basis is by far too expensive because of lab tests, court proceedings and other factors that make arresting someone on marijuana possession simply not worth the effort. In Florida, possession of 20 grams or less of marijuana is a misdemeanor, and such cases will not be prosecuted based on the lack of police crime labs in South Florida that are capable to testing for THC. At present, highway drug testing by the Florida Department of Law Enforcement labs are only able to test the presence of THC but lacks the ability to measure the about of THC, which is the chemical that gets users high. Regardless, a person in possession of 20 grams or less of cannabis and products containing 600 milligrams or less of THC would face reduced penalties. Currently, possession in these amounts is a first-degree misdemeanor, with penalties including a year in prison and a $1,000 fine. But how does driving under the cannabis influence become a legal problem? Today, Miami-Dade police officials can no longer stop motorists based on a cannabis stench present within a motor vehicle. So how does this affect other motorists or pedestrians if drivers are behind the wheel high as kites and cause an accident? In Miami, the Perazzo Law Firm understands the growing complication faced by Florida law enforcement agencies when it comes to legal recreational marijuana consumption which stems from not being able to detain users because of the new hemp law.


WHAT CAUSES DRIVERS TO LOSE CONTROL AND CRASH?

In Miami, the Perazzo Law Firm’s staff of car accident attorneys explain some of the reasons why Florida drivers lose control of their vehicles and cause bodily harm, property damage, and even wrongful death to third-party victims on Miami-Dade and Broward County roadways.

  • Did an out-of-control car or truck crash into your parked car.
  • While stopped at a traffic light, did an out-of-control car ram into you from the side.
  • Were you run over by an out of control vehicle while riding your bike.
  • Did an out-of-control car collide into various cars before crashing into a light post.
  • Did a trailer hitch become unhitched and crash into your parked vehicle?

The accident situations above occur when vehicles become out of control for one of many reasons. The personal injury staff of lawyers handling insurance claims for compensation from car accidents, provide professional insight into why Florida motorists lose control of their vehicles and crash.

If you or anybody you know has experienced bodily injury or damage to property because of an out of control vehicle, reach out to the Perazzo Law Firm in Miami-Dade NOW for a FREE initial consultation and ZERO OUT-OF-POCKET FEES to clients.


WHAT CAUSES A VEHICLE TO LOSE CONTROL?

The car accident lawyers at the Perazzo Law Firm, understand that modern. high-tech vehicles rely on much more than driver safety and responsibility behind the wheel given the sophisticated software applied to optimize modern vehicle features. For that reason, when the computer system and software in modern vehicles malfunctions, motorists may be unable to do anything to prevent an accident when their vehicle is out of control.

Faulty Airbags that cause vehicles to lose control

Though not a novelty to today’s modern vehicles, airbags are constantly evolving through advanced software applied to their deployment upon vehicle impact or collisions. For some time now, airbags have relied on computer software technology to determine deployment in  cars and trucks. However, faulty airbag software can cause an airbag to deploy on its own and for no apparent reason. When this occurs, the person behind the wheel of the vehicle who experiences a self-deploying airbag will almost certainly experience serious bodily harm that may result in loss of consciousness and result in the vehicle losing control. When an airbag deploys unexpectedly, airbag accidents may include facial injuries, which place self-deploying airbags as one of the main reasons for motorists losing control while driving. If you have suffered injuries from a self-deploying airbag, consult an experienced personal injury lawyer at the Perazzo Law Firm for legal advice on filing an insurance claim to cover personal injury, damages, or losses from a faulty airbag.

Mechanical failure and auto parts defects that cause vehicles to lose control: Poor maintenance of a motor vehicle can cause tires to blow-out, brakes to lock, and front axels to fall off. When any of these situations occur, a vehicle travelling at high speed will surely spin out of control and crash into other vehicles or objects. Tire, wheel, and front-end maintenance should be top priority for vehicle operators.

Tire Blowouts: When a tire blows out, especially the front tire, the vehicle will be naturally, through the laws of physics, be pulled towards the side of the blow out. A very common reaction by drivers is to hit the brakes. This is a big mistake and the main reason a car will spin out of control. It is recommended for a driver who experiences a front tire blowout, to maneuver the vehicle by firmly grasping the steering wheel and lead the car in its natural direction while slowly applying the brakes. When safe to do so, move the car off the roadway.

Brake Failure: Sometimes a vehicles brakes will not work. This is simply because of poor maintenance by the vehicle owner or poor services by a mechanic. Brakes need to be checked every six months to safeguard against a potential accident that involves brake failure. In the event of squeaking, grinding, or if the brake pedal hits the floor upon applying pressure, vehicle operators need to get their brakes serviced. Brake lines, the emergency brake, and brake fluid levels and the container should be inspected as well. When a driver needs to stop his/her vehicle and the brakes don’t respond, the motorists will lose control and collision will surely follow. At speeds, brake failure can result in a multivehicle accident that causes serious personal injury, damages, losses, or wrongful death. The Perazzo Law Firm in Miami-Dade recommends having your brakes and braking system inspected twice a year or upon any irregularities detected when applying your brakes.

Front-End Breakdown: Many motorists neglect the importance of their vehicle’s front-end and the dangers behind operating at high speeds without regular inspection. This can include taking the car to a mechanic to check that the front bumper won’t fall off or making sure your front axle won’t break off at high speed on the highway. Older vehicles that have received poor maintenance on behalf of owners or those vehicles serviced by negligent mechanics can lead to serious collisions such as rollovers when the front axle breaks off the tire.

Heart Failure and Emergency Medical Conditions: There are drivers that experience strokes or brain seizures while operating their vehicles. In Miami, when a health emergency event like this happens, the driver may faint or become unable to maneuver the vehicle safely amid traffic. On occasion, a motorists will fall asleep as a result of over-medication or fatigue. When this takes place, the unconscious driver will regain consciousness when crashing.

Drunk or Intoxicated Driving: Alcohol and illegal drugs can cause drivers to lose control of their vehicles. Driving under the influence of drugs and/or alcohol is the leading cause of traffic accidents in the U.S. Drugs and alcohol may result in an out of control vehicle. The Perazzo Law Firm strongly suggests that motorists refrain from drinking illegal quantities of alcohol or consuming drugs when driving on Miami roadways, avenues, and streets.


WHO IS RESPONSIBLE FOR AN ACCIDENT CAUSED BY AN OUT-OF-CONTROL VEHICLE?

No matter of fault, the owner of the registered car that lost control and caused bodily harm or property damages to third-party victims, is bound by Florida Law to carry PIP and PD insurance in the event of an accident. Some motor vehicle owners carry more complete insurance policies (see Insurance Policies for Florida Motorists) which will help cover more extensive costs from bodily harm or losses to victims. If the driver whose vehicle lost control is at fault, a personal injury lawyer will be able to determine the cause of the accident and whether the vehicle suffered a mechanical flaw that resulted from third party negligence, such as a part’s manufacturer or mechanic.

The Perazzo Law Firm guarantees highly dedicated personal injury representation that strives to obtain the best possible results they can deliver when handling your case and seeking fair compensation to achieve satisfaction from your insurance claim to cover injuries, damages, and losses.

IF YOU WERE THE VICTIM OR INVOLVED IN AN ACCIDENT WITH AN OUT-OF-CONTROL VEHICLE, CONTACT THE JONATHAN PERAZZO AT THE PERAZZO LAW FIRM ONLINE OR CALL (786) LAWS-411 FOR A FREE INITIAL CONSULTATION.

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