Florida Personal Injury Blog
MIAMI CAR ACCIDENT LAWYER SHARES INSIGHT ON SOME OF THE MANY CAUSES OF CAR ACCIDENTS IN FLORIDA AND WHY A CAR ACCIDENT LAWYER IS IMPORTANT AFTER AN ACCIDENT.
DISTRACTED DRIVER ACCIDENTS AND PREVENTION
When a motor vehicle accident in Miami occurs and there are injuries, the best accident lawyers in Miami will be able determine the cause of the accident and obtain just compensation from those at fault. The Perazzo Law Firm understands that distracted motorists cause most car accidents and is a leading cause of most accidents in Miami, Orlando, Ft. Lauderdale, and other areas of Miami-Dade, Broward, and Orange County. Though negligent cell phone use ranks at the top in terms of distracted drivers, there are other activities and factors that lead to accidents due to negligence. Nevertheless, there are many other reasons why drivers get distracted and crash. When they crash, not only are other vehicles on the receiving end of their negligence. Many times, cyclists and pedestrians fall victim to distracted motorists.
Some of the causes for distracted driver accidents:
Looking for something that has dropped: When something in a car is dropped, it will usually fall somewhere difficult to spot such as under or between the seats. Reaching under the seats while driving is a risky thing to do because it takes the driver’s attention off the road and any traffic around.
Looking for something inside a backpack or bag: Reaching into the pockets of a backpack or unzipping one, can cause a driver to lose sight of the traffic and other obstacles around. Drivers should refrain from looking through things while their vehicle is in motion and should opt for pulling over to search for something that may be buried at the bottom of a backpack or bag.
Activating Spotify or opening other apps:
PERAZZO LAW SERVES THOSE INJURED IN ACCIDENTS DUE TO NEGLIGENT CELL PHONE USE IN MIAMI
It’s a hard fact that motorists just can’t seem to be able to avoid using their cellphones while driving, be it either texting, leaving or listening to voice messages or talking while behind the wheel of their car, truck, or even their motorcycle or ATV. Motorists and GPS distraction also seem to go and hand and hand. 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 in fact a secondary offense which can lead to a citation once pulled over for a primary offense. 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. The Perazzo Law Firm has vast experience representing injured parties that have fallen victim to motorists negligently using their cellphones while driving in Miami.
TEXTING AND DRIVING LAWS
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.
Smartphones Riding Shotgun
Ever since the smartphone started riding shotgun in 2007 with the launch of the first iPhone, texting and driving has been an ever-growing cause of motor-vehicle related accidents in modern cities around the world. Negligent cell phone use while behind the wheel of cars, buses, trucks, recreational and construction vehicles is said to account for some 2.0 million accidents per year. According to statistic reports, over 650,000 motorists are distracted by cell phone use during daytime driving. Reports show that close to 400,000 individuals are hurt each year from texting and driving related incidents, with 25% occurring in major U.S cities such as Miami. According to research conducted throughout 2018, 69 % of motorists between the ages of 18 and 64 admit to using their cell phone while driving and admitted to being aware of the increased chances of crashing. A recent survey by AAA, revealed that 94% of teenage motorists admitted to ignoring the dangers that negligent cell phone use while driving represent. Teenagers also rank at the top when it comes to texting and driving fatalities, with more than 58% of all fatal accidents involving negligent cell phone use. Sadly, everyday in the USA, 11 teenagers die in texting and driving related accidents.
Texting and Driving Facts: 
- Texting takes five seconds away from a driver’s attention span.
- At 55 mph, it would take 300 ft. before a car can stop in time to prevent an accident.
- Close to 20% of all motorists surf the web while driving.
- Only 3 U.S. states do not have texting and driving laws in place.
- Motorists are 23 times more likely to be involved in an accident when using their cell phone while driving.
- 90% of teenagers reply or expect a reply to a text message or email within five minutes or less. This prompts negligence behind the wheel.
- Drivers that text or surf while driving are 8 times more likely to crash than those that do not use their cell phones behind the wheel.
- Distracted drivers killed 520 pedestrian fatalities in 2014.
- Almost 500,000 people are hurt each year because of negligent cell phone use while driving.
- Texting and driving while under the influence most often end in an accident.
- A texting and driving accident that ends in fatality to the accident victim, may lead to a murder charge.
- Texting and driving is more likely when there are no passengers in the vehicle.
- Eating, drinking, shuffling through a playlist, can be just as dangerous as texting and driving.
Pedestrians and Negligent Cell Phone Use
Pedestrians are also inflicting injury upon themselves through negligent cell phone use; either by either jaywalking (which accounts for a large percentage of pedestrian related fatalities) or by not being alert to distracted motorists as they cross at a crosswalk. The end results can be tragic. According to a recent study, Miami ranks as one of the most dangerous U.S. cities for pedestrians. Jaywalkers and the elderly are the most at risk of being run over by a car, motorcycle, or truck. Their chances of being killed increase when coupled with negligent cell phone use. Sadly, there seems to be no real cure for the addiction to cell phone use while operating a motor vehicle.
Perazzo Law Shares Insight into Cell Phone use Safety:
Texting while behind the wheel of a motor vehicle is a growing epidemic which can only be cured by the individual in control of their vehicle. Despite laws and bans on cell phone use while driving, it is very difficult for law enforcement agencies to keep a close eye on every driver on the road. Thus, Perazzo Law has put together a list of suggestions for motorists that can’t help using their phone while driving.
- If you are driving, refrain from texting or taking your eyes off the road. A collision can occur in the blink of an eye. If replying to or reading a text message is urgent, pull the vehicle over when safe to do so.
- Refrain from using your cell phone while operating your vehicle in congested traffic conditions or in areas where pedestrians and cyclists are taking part in recreational activities.
- Do not use your cell phone to text or read messages while driving in bad whether. Slippery roads make it harder to stop and rain on your windshield makes it harder to see. These factors greatly increase the chances of an accident.
- Watch out for jaywalkers or pedestrians that are looking down at their phones as well. Many times they will not notice oncoming vehicles as they cross at intersections or fail to notice traffic lights.
- Dogs and children are often victim to motorists distracted by negligent cell phone use. Do not use your cell phone in suburban areas as residents tend to be more relaxed and children play in the street.
- Do not read or write texts while operating your vehicle at high speeds. High speed collisions most often end in tragedy.
The National Highway Traffic Safety Administration (NHTSA) reports that texting while driving causes the driver to take his/her eyes off the road for approximately 5 seconds, which can be devastating when driving through urban areas and on high speed roadways. Braking and reaction times are fundamental to avoiding collisions with pedestrians, animals, or other vehicles. With eyes off the road and on the smartphone, stopping and reacting in time takes a back seat. For the average driver operating a car or light truck with good tires on a dry surface, the average rate for braking is estimated at 15 feet per second (fps). According to research, a car operating at 40 mph on a dry road, will need 80 ft. before coming to a full stop. This said, the reaction times and distances needed to brake become important and devastating factors that motorists need to consider while texting and driving. In a survey carried out by the NHTSA more than 90 percent of drivers are aware that texting while driving increase their chances of being involved in an accident. Sadly, there seems to be no real cure for the addiction to cell phone use while operating a motor vehicle.
TEXTING AND DRIVING LAWS
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.
The Perazzo Law Firm Car Accident Lawyers Explain what to do after an accident:
Whenever taking to the road, it’s important for vehicle owners and operators to make sure to have a first aid kit, a portable camera, flashlights, flares or warning triangle and a portable battery in the event of an emergency. Also, it’s important to have the vehicle’s insurance documentation and owner’s contact information in the event an accident or incident needs to be reported.
After an accident, it’s important to report an accident or incident as soon as possible, as delayed reporting is one the most common causes why insurance companies deny a claim. Having all pertinent insurance information and filing the accident report can help assist with payments for any needed treatment or lost wages while the claim or litigation is in legal process.
After a car, motorcycle, or truck accident, personal safety is of the priority. Contacting emergency services as soon as possible and report the incident with as much information possible so that responders can deliver proper assistance. Make sure to report any injuries to your passengers as well.
Motor vehicle accidents that involve an injury, death or appear to result in damage over $500 need to be reported to the authorities. Law enforcement authorities responding to an accident scene have the right to request your name, address, registration number, proof of insurance and driver’s license. You are also within your rights to request the name and the badge number of the responding law enforcement officer. It is also important note the names of the responding EMTs.
If you can, move your vehicle into a position that does not obstruct other motorists. When safe to do so, take pictures and notes of the scene of the accident as well as the damage to the vehicle(s) including pictures that will help in identifying the location of the accident as well as weather and road conditions. Attempt to obtain basic information from all the parties involved including other drivers, passengers and witnesses not involved in the accident. Make sure to take note of the location of the accident and the surrounding. Oftentimes, there may be traffic cameras around the scene of the accident, which will be important to accident reconstruction. Also note any businesses and residences that may be equipped with surveillance equipment.
Oftentimes an injury resulting from a motor vehicle collision may not show any symptoms for several days and it is important to seek treatment right away. It is important to keep detailed notes on the accident itself and any symptoms as well as treatment. Consult a physician and give a complete description of all injuries as soon as possible after the accident. Take pictures of the injuries and keep detailed notes of the symptoms, which will help the treating physician as well as assist in litigation for the purposes of providing accurate testimony.
Mistakes to avoid after a car accident
Driving a motor vehicle is an, almost unavoidable, necessity whether for work or recreation. Unfortunately, car accidents, which result in serious injuries, are becoming increasingly commonplace. If you have been in a car accident, it is important to be prepared and avoid some of the common mistakes, which may affect any compensation.
If you have been in a car accident, it is important to understand that the insurance companies involved will begin building their defense immediately. One pitfall to avoid is admitting fault. A simple statement offering an apology to another person involved can be used as an admission of fault when you make a claim. If you have been involved in a car accident, avoid using any language that may be construed as an admission of fault.
Another quite common mistake is failing to gather information from the time of the accident. It is important to take note of the names of all parties involved including contact information of any witnesses, police officers and first responders. It is also advisable to record the conditions of the road and the weather that may later be used to build your case when seeking compensation.
Another mistake is not seeking medical assistance as soon as possible. Not all car accidents involve serious and obvious injuries that require hospitalization. However, some injuries, especially to the spine, may not become obvious for some time after the car accident. Additionally, any delay in seeking treatment may be used against you during litigation.
It is also important to document the medical treatment for your injuries. Understand that an insurance claim can take some time to be processed. Litigation may take many more months, during which memories will fade and injuries may subside. Keeping a diary where you document injuries and treatment may become evidence proving the extent of the injuries and damages to property. During litigation, your deposition may take place over a year after the car accident took place. Being unable to prove your injuries and damages may reduce any potential compensation.
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 corporate industry. Our Miami personal injury 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 for a 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
At the time of the accident, or soon thereafter, the negligent driver’s insurance adjuster may seek a statement from you. Remember, they are looking for a reason to deny coverage and you should seek advice of an attorney before giving any statement beyond providing the basic facts of the accident. If you seek further information on how to prepare for, or what to do after a motor vehicle collision please do not hesitate to contact the lawyers at The Perazzo Law Firm. Our lawyers have dedicated their careers to representing victims of car accidents and are ready to fight for you.