Articles Posted in Car Accident

Most Florida drivers understand and respect the requirement that they move over to avoid the lane adjacent to a stopped police or emergency vehicle. When possible, drivers should steer their vehicle into another lane if there is an emergency vehicle stopped on the shoulder or the side of the road. Drivers may not know that it is equally important to stay away from any stopped or disabled vehicle on the side of the road. A recent fatal accident on the Florida turnpike was caused when the driver of a pickup truck struck a tow truck that was assisting a disabled vehicle on the shoulder of the turnpike.

According to a local news report discussing the crash, a tow truck had stopped on the shoulder of the Florida Turnpike in Lake County and was preparing to tow a disabled vehicle as a pickup truck approached. The driver of the pickup truck stayed in the lane closest to the tow truck and veered into the shoulder unexpectedly. The pickup truck struck the tow truck and the driver of the tow truck, who was outside of the vehicle at the time. After the initial collision, the pickup truck rolled, and the driver was ejected from the vehicle. Both the tow truck driver and the driver of the pickup truck were killed as a result of the collision. A passenger in the pickup truck survived but was taken to a local hospital in serious condition.

Florida Motor Vehicle Code Section XXIII(316)(26)(116)(1)(b) requires drivers to move over from the closest lane from an emergency, utility, or service vehicle that is stopped on the side of the road performing professional duties. Drivers who fail to follow the move over law can be cited with an infraction offense. In the event of an accident that occurs because a driver failed to follow the move over law, the driver can be found negligent and responsible for damages to any other drivers who are hurt or suffer property damage as a result of a crash.

A narrow, two-lane road is enough to make even the most skilled of drivers nervous. Sometimes, these roads lack a proper shoulder or only have an extremely narrow one. Often, no matter how carefully you drive on these roads, accidents happen. Unfortunately, because of the lack of space on two-lane roads, some of the accidents that take place are head-on collisions.

According to a recent local news report, two motorists were killed after a major head-on collision. Local authorities reported that the first vehicle, a sedan, was driving westbound when it veered suddenly into the path of an SUV driving in the opposite direction. Both drivers were killed in the head-on collision. The SUV driver was pronounced dead at the scene while the driver of the sedan was transported to a local hospital where he later was pronounced dead. A passenger of one of the vehicles remains hospitalized.

Although head-on collisions are rare compared to other types of car accidents such as rear-end accidents or hit-and-runs, the risk they carry should not be dismissed by drivers. Unfortunately, Florida, like other states, experiences its fair share of head-on collisions. Statistics estimate that only two percent of car crashes are head-on collisions, but that they account for well over 10 percent of driving fatalities. Thus, it is safe to say that head-on collisions are considered to be one of the most dangerous—and deadly—types of car accidents out there.

Following a car accident, it can sometimes be hard to ensure that all the necessary details are taken care of. The adrenaline from the accident paired with needing to exchange information with the other parties, taking photographs of the damage, vehicles, and the scene, and calling local authorities can be an overwhelming process.

Although there is a lot of discussion as to what to do immediately after an accident takes place, there is significantly less discussion about what happens after the logistical tasks of exchanging insurance information and cataloging the accident are over. Many people assume that after an accident happens, sitting in or near their disabled vehicle on the side of the road is safe while they figure out the next steps. Unfortunately, this is not always the case—and choosing to do so without moving your vehicle can often have deadly consequences.

According to a recent news report, a Miami woman was killed after being struck while sitting in her disabled vehicle. The woman had been in a separate accident earlier and was sitting in her sedan in the left-hand lane of the turnpike when two sedans crashed into her. The first sedan rear-ended the Miami woman’s vehicle, which forced it into the concrete median and spun it around. The second car struck the driver’s side of the Miami woman’s car. Local authorities pronounced the woman dead at the scene, and one of the passengers of the sedans suffered serious injuries.

Tesla has been leading the autonomous car industry, and while these cars are an alluring glimpse into the future, they also pose many dangers to road users. These dangers primarily stem from a driver’s overreliance on the vehicle’s technological ability to operate the car safely. A 2018 Florida Tesla autopilot accident is a prime example of the company’s claims and user overreliance.

In that case, a Florida driver was traveling in his Tesla in Autopilot mode when he bent down to look for his phone. Neither the driver nor the vehicle’s technology realized the road was ending. The vehicle flew through a stop sign and red light and slammed into a parked Chevrolet. The tragic accident took the life of a 22-year-college student. The woman’s estate filed a lawsuit against the company, arguing that the vehicles are “defective and unsafe.” In addition, the estate settled a lawsuit against the Tesla driver. This incident was just one of several fatal accidents involving Tesla vehicles operating on Autopilot mode.

The company explains that Autopilot mode is a system that allows the vehicle to accelerate, brake, and steer without a driver. While the company publicly touts their advanced technology or “driverless cars,” their website states that Autopilot mode is designed to “assist” the driver with “burdensome parts” of driving. Further, the website now states that “current” Autopilot features require “active” driver supervision. Despite its name, the vehicles are not autonomous, and the vehicle’s manuals warn operators not to use the function on city streets.

While walking is an excellent way for people to get around while improving their health, it also poses many dangers, especially in South Florida. According to a recent report by a pedestrian-safety organization, Florida ranks as the most dangerous state in the nation for pedestrians. South Florida, in particular, ranks as the 13th most dangerous region. The agency uses its Pedestrian Death Index (PDI) to rank states and metro areas. The PDI utilizes risk by calculating the number of people hit and killed by motorists while walking. Even when pedestrian accidents don’t result in fatal injuries, pedestrians tend to face the most serious of injuries after an accident. The most severe injuries include brain trauma, spinal injuries, fractures, lacerations, paralysis, and loss of limbs.

During the last data collecting period, South Florida experienced 1,675 pedestrian deaths, about 2.8 deaths per 100,000 Florida residents. The report revealed that older adults, people of color, and those residing in lower-income neighborhoods had the highest risk of fatal pedestrian accidents. Black residents suffered fatal injuries at a rate over 80% more than White and non-Hispanic residents. Low-income individuals are more likely to suffer fatalities because their neighbors often lack sidewalks and marked crosswalks. Further, older adults may experience serious injuries and fatalities because they often face challenges in sight, hearing, and movement.

Pedestrian accidents in Florida tend to occur more frequently at night and in cities. For instance, recent Jacksonville news reports described a tragic pedestrian accident. The pedestrian was struck by a vehicle around 2:40 a.m. while she was walking northbound on 1-95. A pickup truck hit the woman, and she died at the scene of the accident.

With more than 500 motor vehicle accidents occurring each day in Florida, these accidents make up the largest source of personal injury claims in the state. Last month, a tragic two-car accident killed a 13-year-old girl and one adult. Four others were injured in the fiery crash.

According to reports, the accident occurred when the driver of a pickup truck traveling eastbound in Volusia County failed to slow down while approaching an SUV traveling in front of him. The truck struck the SUV, which then flipped and exited the roadway before hitting a tree, where it caught fire.

The driver of the pickup truck and a 13-year-old passenger in the SUV were pronounced dead at the scene of the accident, with four others in the SUV incurring minor injuries.

After an accident, individuals may experience a sense of shock and fear, and these emotions can elicit statements and conduct that may not accurately reflect what the person is feeling. For instance, many people apologize after an accident, despite not being at fault for the series of events that led to the collision. Although it is a natural human emotion to apologize, it is vital that individuals limit what they say after an accident. While expressing remorse or saying sorry does not necessarily destroy a claim to damages, an at-fault party’s apology does not automatically impute liability on that person either.

Under Florida’s evidentiary laws, most out-of-court statements cannot be used as evidence during a trial. Evidence is permissible so long as it is relevant, yet some statements made outside of the courtroom are inadmissible as “hearsay.” However, some statements that an opposing party makes may be used against them during court proceedings. The permissibility of the statements depends on what the other party stated. For instance, if the at-fault driver gets out of their vehicle after an accident and states, “I am sorry this was all my fault,” that statement may be used against them. In contrast, a statement merely expressing remorse may not overcome the hearsay rules.

Apologizing may be an instinctual reaction and does not automatically amount to an admission of guilt. These critical distinctions have presented plaintiffs with evidentiary challenges during Florida car accident claims. Florida’s “apology statute” addresses when a statement may be used as evidence. Under the statute, “benevolent gestures” where one expresses sympathy regarding pain, suffering or death cannot be used as evidence in court. However, a gesture in combination with an admission of fault may be used as evidence. Courts will engage in inquiries to determine whether a statement is admissible.

Earlier this month, one man was killed and two others seriously injured when a pick-up truck careened into a crowd of people participating in a Pride parade. According to a local news report, the collision occurred in Wilton Manors, not far from Fort Lauderdale.

Evidently, the driver of the pick-up truck inexplicably began accelerating into the crowd of people. Most of the people in the area were able to avoid the truck; however, it struck three people. One man was killed and two others were seriously hurt.

Initially, the accident was thought to be a targeted attack against the LGBTQ community. However, upon further investigation, authorities discovered that the driver of the pick-up truck was a member of the Fort Lauderdale Gay Men’s Chorus and that it was an accident.