COVID-19 FAQs

Articles Posted in Car Accident

Miami consistently ranks highly on the list of Florida cities with the most car accidents and crashes each year. This past year, Miami had more car crashes than anywhere else in the state of Florida. In a particularly concerning trend, fatal crashes in Miami have risen 14% between 2014 and 2021. One of the most accurate ways to measure the risks of fatal car accidents given disparities in populations of states is to measure deaths per 100 million miles traveled in a state. According to the Insurance Institute for Highway Safety, Florida has a rate of 1.60 deaths per 100 million miles traveled, placing Florida behind only a handful of other states when it comes to the risk of drivers and passengers being killed in crashes. According to the Florida Department of Highway Safety and Motor Vehicles, roughly 40% of all car accidents in Florida result in injuries.

It would serve Florida drivers and passengers well to know what factors can be used when calculating pain and suffering damages following a car accident. These factors include things such as recovery time, the severity of the injury, pain level, type of injury, and magnitude of the crash. These elements are weighed together to help deduce what the appropriate level of compensation should be granted in court following an automobile crash. A recent news article discussed a fatal three-car crash in Miami-Dade County from earlier this month.

According to the news article, the accident occurred when a fender bender between two vehicles escalated with a third vehicle striking the two other cars. The accident occurred overnight in West Miami-Dade County, with Florida Highway Patrol troopers and Miami-Dade Fire Rescue units responding to the scene of the crash around Southwest Eighth Street and 92nd Avenue just before 12:10 a.m. Police investigators stated that the crash began as a non-fatal fender bender that turned much more serious when a third vehicle struck the rear area of the other two vehicles and several pedestrians. Officials said that one person died at the scene. Three others were injured in the crash, with one person hospitalized. Officials said that the investigation into the crash was ongoing.

Florida consistently ranks highly on the list of states with the most traffic accidents each year. Specifically, one of the most accurate ways to measure risks of fatal car accidents given disparities in populations of states is to measure deaths per 100 million miles traveled in a state. According to the Insurance Institute for Highway Safety, Florida has a rate of 1.60 deaths per 100 million miles traveled, placing Florida behind only a handful of other states when it comes to the risk of drivers and passengers being killed in crashes. In Florida, roughly 40% of all crashes result in injuries, but most notably, fatalities stemming from car crashes have been on the rise since 2018. In particular, highway crashes can result in a higher fatality rate. Due to the higher speed limits, accidents on the highway can have more serious implications than slower-speed crashes.

When it comes to crashes and accidents, Florida drivers and passengers should be aware of the factors that can be used to calculate pain and suffering damages after a crash. These elements include but are not limited to the type of injury, recovery time required, necessary treatment, and the severity of the accident. These different factors can help determine the value and compensation in court after an auto accident. Many of these elements are tied together, as the more serious the accident, the more likely the recovery time will be longer. A recent news article discussed a fatal Florida highway accident from earlier this month.

According to the news article, the accident occurred when a stationary tow truck parked on the inside shoulder of State Road 408 was struck by a fast-moving pickup truck. The tow truck and a Florida Highway Patrol car were both parked on the inside shoulder assisting with a single-car accident with their emergency lights activated when a pickup truck driven by a 53-year-old Groveland man, carrying a 51-year-old man from Clermont as a passenger, lost control and struck the tow truck. Both the tow truck driver and the pickup truck driver were pronounced dead at the scene, while the passenger of the pickup truck was hospitalized with minor injuries. According to the authorities, both people inside the pickup truck were wearing their seatbelts.

Florida consistently ranks highly on the list of states with the highest number of hit-and-run accidents each year. Through August, Florida has already reported 52,791 hit-and-run car accidents throughout the state. Additionally, hit-and-run accidents have resulted in 11,494 reported injuries and 119 fatalities in Florida this year. There are many reasons why a driver may flee the scene after an accident. The primary motivating factor is likely that the driver wants to avoid the legal or financial consequences of the accident. Depending on the cause of the crash, drugs, alcohol, outstanding warrants, texting, or distracted driving, there could be serious legal ramifications, leading to the driver leaving the scene. Other reasons, such as lacking proper insurance, holding a commercial driver’s license, or driving the vehicle without permission, could result in significant financial consequences for the driver, leading them to flee the scene.

Florida drivers and pedestrians should be aware of some of the factors involved in calculating pain and suffering damages after an accident. Such elements can be used to determine the value and compensation in court after a crash or auto accident. (1) the type of injury and seriousness of the harm, (2) the amount of recovery time required, and (3) the necessary treatment required by the injury. These issues are related to each other. For example, generally speaking, if your injury is more serious, the recovery time and treatment required will be more elaborate, and will often result in greater compensation. Subsequently, if your injury is relatively minor and there is not a ton of pain associated with it, any damages awarded may be on the lower end. A recent news article discussed a fatal Florida hit-and-run crash that occurred in September 2022.

According to the news article, the accident occurred when an SUV struck a man crossing the street near the intersection of Krome Avenue and Southwest 320 Street, also known as Mowry Drive, in Homestead. The crash occurred early in the morning around 6:45 am. At the time of reporting, detectives were still searching for the driver, who fled the scene after striking the pedestrian. Surveillance videos show the car hitting the man crossing the street in the early morning hours before speeding off.

Taking simple steps such as wearing your seatbelt, especially in the front seat of the car, can significantly decrease your risk of fatal injury in the event of a car crash. On the other hand, driving or riding in a car without a seatbelt can cause an increased risk of dying in the event of a crash by as much as 45%. Each year, thousands of Florida drivers and passengers experience severe to fatal injuries in car accidents due to their failure to wear seatbelts. While it can be tempting to unfasten your seatbelt while the car is in motion, remember that doing so could have a major impact on not only your health in the event of a crash but also your ability to recover financial damages in the event of a car accident.

Florida drivers and passengers should be aware that the state makes use of pure comparative negligence when it comes to determining a victim’s recovery in the event of a car accident. Pure comparative negligence can have a significant impact on damages collected after an accident and it can take a skillful attorney can navigate the legal theory successfully. A recent local news article discussed a fatal Florida car accident that occurred in September 2022.

According to the news article, the accident occurred when a 2019 Ford Flex driven by a 78-year-old Florida man crossed the median line on Highway 42 going northbound. After crossing the median line, the Ford Flex struck the rear tires of a semi-truck trailer that was headed southbound. After striking the semi-truck trailer, the Ford Flex then crashed into a Ford Explorer that had pulled into the shoulder to try and avoid the crash. The 78-year-old Florida man driving the Ford Flex was pronounced dead at the scene. Two other people involved in the crash were transported to hospitals.

According to some metrics, Florida is the most dangerous state for pedestrians. In fact, researchers from the non-profit organization Smart Growth America (SGA) gave Florida a 201.4 rating on their pedestrian danger index, with Alabama coming in a distant second with a score of 174.6. This is in large part due to the fact that 5,893 people were killed in pedestrian accidents between 2000-2019 in Florida. In 2019, alone 713 pedestrians died in Florida. The SGA report found that older people, as well as those living in lower-income neighborhoods, are at the highest risk of being killed in pedestrian and car accidents. People of color are also at an exceedingly high risk of fatal pedestrian accidents. SGA reported that the number of fatalities among Black pedestrians was 82% higher than with white pedestrians from 2010-2019.

As people age, it can complicate their ability to avoid cars as pedestrians. Not only do older adults tend to physically move at a slower rate, but older people can often be injured or struck by cars because they have issues seeing or hearing incoming traffic. Additionally, many fatal crashes occur in the evening and away from city lights. Simply, the darker it is, the harder it is for motorists and drivers to see pedestrians on the road. A recent local news article discussed a fatal Florida pedestrian accident from September of 2022.

According to the news article, the accident occurred when an Orlando man exited his vehicle after crashing on the Florida Turnpike in Lake County. After exiting the vehicle, the man was struck and killed by an SUV in a separate collision moments later driven by a 24-year-old Florida woman. According to the Florida Highway Patrol, the fatal crash occurred on the Florida Turnpike at mile marker 276 around 9:45 PM following the initial crash. After the initial accident occurred, the driver then exited his vehicle, walked across the southbound lanes of the Turnpike, and crossed the concrete median, the crash report shows. As the victim entered the northbound inside lane of the Florida Turnpike, he was struck by the SUV. The man died at the scene after being struck by the SUV. According to law enforcement, both crashes are still being investigated.

By the virtue of their employment, law enforcement officers and other public safety officials often find themselves in situations that present a danger to themselves or other members of the public. When people are hurt or killed as a result of negligent police activity, it may be challenging to determine if the law enforcement officer or agency bears some civil responsibility for the loss. On one hand, police officers are human and are forced into dangerous situations very often, holding them accountable for any negligent acts would prevent police from properly performing their duties. On the other hand, law enforcement officers are tasked with protecting the public, and if an officer negligently or intentionally acts in a way that results in the death of an innocent person, there must be some consequences. Florida law addresses these considerations by operating within a framework that allows public employees, including police officers, to be sued personally for damages under some circumstances. A recently published news report discusses a jury verdict recently handed down in a wrongful death case filed by the family of a deceased teenager.

According to the news report discussing the recent jury verdict, the trial centered on the death of a 12-year-old boy who had been visiting the fair on the day he died. According to the report, police officers were called to the fair because some youths were causing a disturbance and committing small crimes. Although some of the youths were arrested or detained, the deceased boy was not accused of any criminal activity, however, the officer chose to eject him from the fair nonetheless. Instead of allowing the child to leave the fair through the exit, the officer forced him to go out of a side exit that had no safe pedestrian access and abutted a busy highway. When attempting to cross the highway, the boy was hit by a vehicle and was pronounced dead at the scene.

The boy’s family pursued a wrongful death claim against the officer and the department in Florida state court. According to the complaint, the officer was grossly negligent in forcing the young child out of the far and onto a busy highway, where he was ultimately killed. In responding to such claims, municipal law enforcement agencies often claim that qualified immunity protected them from being sued. Qualified immunity is a legal doctrine that protects public employees (including law enforcement officers) from legal liability for acts of negligence that occur while the employee is acting within the scope of their employment. Qualified immunity has been used in Florida to protect thousands of public employees from the consequences of their negligence, but the protection is not absolute.

It is common knowledge that riding a motorcycle is more dangerous than driving that same distance in a car or larger motor vehicle, but the discrepancy in safety might surprise you. Some sources claim that someone riding on a motorcycle is 26 times more likely to die in an accident than someone riding or driving in a car over that same trip. The increased level of risk presented by motorcycles on the road should lead drivers of cars and motorcycles to exercise extreme caution when on the road. The open nature of motorcycles and the smaller vehicle weight and profile mean that drivers should be extra vigilant and aware when they are more likely to encounter motorcycles on the road. A recently published local news report discusses a fatal motorcycle crash last month that killed two Harley riders.

According to the local news report, the accident occurred in Melbourne on Wickham Road when a 2012 Ford Focus driven by a 75-year-old Melbourne man exited the parking lot of a shopping center and attempted to cross Wickham Road to travel east onto College View Drive. Two men were riding on a 2001 Harley Davidson northbound on Wickham Road at the time when they struck the Ford Focus on the right side. Both of the motorcycle riders were taken to the hospital where they died according to police. According to the authorities, there is an ongoing investigation to determine if alcohol or drugs were a factor in the crash. The police did not say if the driver of the Ford Focus was injured in the accident.

Comparative negligence is the legal concept that parties in an accident are assigned the percentage of fault that they were responsible for in the accident. Under the pure comparative negligence theory, an accident victim can recover money from an equally or less negligent party. Under Florida law, accident victims can recover compensation from the other party, even if the victim is partially at fault, including fault that exceeds 51%. In practice, this means that even if the victim is found to be mostly at fault for an accident during a trial, they can still seek compensation for personal damages from the other party. If the claim is successful, the total damages awarded will be reduced by the victim’s percentage of fault.

Wrong-way car crashes refer to situations where one vehicle collides with another automobile while going in the wrong direction on a street, resulting in a violent collision between two incoming vehicles. According to AAA Foundation for Traffic Safety (AAAFTS), between 2010 and 2018 there were 2,921 fatal wrong-way crashes resulting in 3,885 deaths—an average of 430 deaths per year. Florida is not exempt from these types of accidents, ranking second out of all states with an average of 34.4 per year. A recently published CNN news report discusses a fatal wrong-way crash in Miami-Dade county.

According to the CNN news report, the accident occurred one early morning last month after a 30-year-old man was driving at a high rate of speed in the wrong direction on State Road 826. The police stated that the man was driving in the wrong direction at a high rate of speed for at least a mile before hitting another vehicle head-on, killing all five passengers in the other vehicle. There were four women and one man between the ages of 18 and 25 killed in the crash. The wrong-way driver was airlifted to Ryder Trauma with serious injuries according to the police. The highway patrol stated that he remains hospitalized and will be booked into jail once discharged and is being charged with several counts of vehicular homicide. Troopers are awaiting a toxicology report to determine if impairment was a contributing factor. If the driver was impaired at the time of the crash, more charges could potentially be filed.

According to the AAAFTS, the most common causes of wrong-way driving include drunk or impaired drivers, unlicensed drivers, older vehicles, and drivers over the age of 70 years old. The AAAFTS states that drivers with one or more of these factors are heavily present in the wrong way crashes. While these factors may seem relatively distinct, each one has the potential for a distracted or inexperienced driver more prone to making fatal errors. Although establishing fault in a wrong way driving accident may seem straightforward, many factors could impact a victim’s recovery. An attorney can help accident victims at all stages of the claims process, including by helping gather evidence, leading settlement negotiations, litigating, and appealing.

At any second, a small fender-bender can happen, disrupting the commute of those involved in the accident, and sometimes, disrupting the commute of those who are not directly involved. In these smaller fender-bender accidents, it can cause you the inconvenience of having to make an insurance claim and deal with car damage, and in some cases, caring for any injuries. In much scarier situations, automobile accidents can cause a lot of damage, including when it involves a head-on collision. You’ve probably seen an action movie where a high-speed chase is occurring, and a driver chooses to drive in the wrong direction for some period of time. But it’s not on an everyday basis that you see such wrong-way driving in real life. Wrong-way driving can lead to scary head-on collisions, and in the case that you observe a driver driving in the wrong direction, it can be extremely important to safely move off the road if possible and report local authorities.

According to a recent news report, a deadly multi-vehicle accident occurred in Leon County. Florida Highway Patrol received calls of a wrong-way driver, to which troopers responded and arrived moments after the initial calls. The troopers located a sedan that was facing eastbound in the westbound lane, and the vehicle was involved in a head-on collision with another sedan. Unfortunately, both drivers were pronounced dead at the scene. The Fire Department put out fires at the scene of the accident.

What are Common Causes of Head-On Collisions?

Head-on collisions, although less common than the everyday fender-bender, can happen for a variety of reasons. These types of collisions may occur because of a mistake, where one driver confuses the direction of traffic, for example. The collision may occur because of mechanical issues with a vehicle, such as a vehicle being unable to brake or turn properly. In other situations, head-on collisions may occur because of distracted driving or driving while under the influence of alcohol and/or drugs.

Continue Reading ›

Crosswalks and roadsides can be some of the most dangerous areas in Florida cities for pedestrians, bicyclists, and motorists alike. Traffic equipment failure, visibility obstructions, and negligent driving all contribute to the dangers that pedestrians face when walking near a roadway or crossing at a crosswalk. A crash that occurred late last month in Nassau county involving two vehicles and two pedestrians has left one 73-year-old St. Petersburg man dead, and another woman in critical condition.

According to the facts discussed in a local news report, two pedestrians were walking along the roadside when another vehicle approached from behind, striking the pedestrians and then crashing into a parked car. It is unclear from the article if speed or intoxication were at issue, although the article does not mention charges being filed against the driver.

Drivers must be attentive at all times while driving and keep on the lookout for pedestrians and other vehicles. During early mornings and late nights, it can be hard to see pedestrians along the roadside, however, it is especially important for drivers to maintain their attention on the road. Parked cars along a roadside, especially near an intersection, can obstruct both drivers’ and pedestrians’ views of the roadway, and increase the risk of an accident. Florida’s auto and pedestrian infrastructure is also in need of maintenance and improvement, and some intersections do not have properly functioning signage or traffic control devices.

Contact Information