Articles Posted in Car Accidents

The majority of Florida car accidents involve a collision between two vehicles; however, accidents involving more than one vehicle tend to cause the most severe injuries and damages. In many cases, the force of the first impact leads to a series of additional accidents. Identifying the parties, establishing fault, and apportioning liability is often complex in these cases because the sequence of events may not be clear. It is crucial that Florida car accident victims contact an attorney if they have suffered injuries in a chain-reaction accident.

Identifying all of the individuals involved in a chain reaction accident can be difficult because the degree of injury and damage often vary. In some cases, a party that only suffered minor damages may leave the scene of the accident without providing their information. Further, in some situations, the initiating driver may flee the scene for fear of liability.

Establishing fault is a critical part of recovering after a Florida chain reaction accident. Individuals who file an insurance claim or personal injury lawsuit against another driver will need to establish liability. This requires that the injury victim present evidence of the series of events that led to their injuries. To maximize the chances of recovery, injury victims should identify all of the parties involved, including the motorist that began the chain of events. Florida injury victims can accomplish this by collecting eyewitness accounts of other motorists, passengers, and pedestrians, reviewing police reports, and assessing vehicle damage.

Many people associate weather-related car accidents with the northeast and other areas that are more likely to experience ice, snow, and sleet. However, poor weather conditions and driver negligence are two of the leading causes of Florida car accidents. Florida’s tropical climate frequently results in unexpectedly heavy rainstorms and torrential downpours. In fact, according to the Federal Highway Administration (FHWA), over 5,000 people die, and almost 450,000 people are injured every year because of weather-related accidents.

For example, recently, a Florida news source reported that a 19-year-old woman died after losing control of her vehicle and crashing into a boulder. Police officials stated that the woman was traveling east on a Florida road when weather conditions caused her to lose control of her sedan. Her vehicle spun clockwise and then swerved off the road. Emergency personnel transported her to a local hospital where she remained in critical condition, before tragically succumbing to her injuries.

Many drivers do not possess the experience and skill necessary to navigate sudden and unexpected inclement weather. Bad weather can prevent drivers from being able to see their surroundings, and their skewed depth perception can increase the chances of a collision. Further, heavy rain makes roadways slick and unsafe, and drivers often face difficulties maneuvering their vehicles during these conditions. Florida drivers should also be sure to keep on top of vehicle maintenance, as worn or damaged tires can cause hydroplaning or sliding.

Like most other states, Florida law requires all drivers to purchase a minimum amount of auto insurance. However, the statutory minimum—$10,000 of personal injury protection and $10,000 of property damage protection—are far lower than most other states. However, unlike many other states, Florida law does not require drivers to purchase underinsured or uninsured motorist coverage – also called UIM coverage – for car or truck accidents involving those with inadequate insurance. Understanding the importance of UIM coverage can help Florida drivers make informed choices when purchasing insurance, since insurance disputes are one of the most significant barriers for victims injured in Florida car accidents.

UIM coverage protects individuals when they are hit by a driver who has no car insurance or who does not have enough insurance to pay for the resulting injuries. For example, if Driver A is driving carefully and following the rules of the road but Driver B, driving recklessly, runs a stop sign and crashes into Driver A’s vehicle, Driver B is at fault and may be liable to Driver A for damages. Let’s say that the medical bills Driver A had to pay due this particular crash totaled $30,000, making Driver B liable for $30,000. If Driver B does not have insurance, or only has enough insurance to cover $10,000, Driver A may be stuck with no legal recourse and substantial debt.

This is where UIM insurance is helpful; in this situation, Driver’s A UIM insurance coverage could kick in and cover the rest of the costs, protecting Driver A from going into debt for an accident they did not cause. This example is not just hypothetical; a Georgia appellate court considered almost the exact same situation in a recent opinion. The situation often occurs in Florida as well. In fact, Florida has the second-highest rate of uninsured or underinsured drivers in the country, according to the Insurance Research Council, as well as one of the highest accident rates. Because of this, Florida drivers are strongly encouraged to purchase UIM insurance, even though the state does not require it. Not only can the insurance cover a driver if a tragic, costly accident does occur, but purchasing the insurance can grant peace of mind to drivers unsure how they would pay for the resulting damages if an uninsured or underinsured driver hit them.

Over the past few years, and ever since the popularity of bike shares has taken off, scooter shares have begun to crop up across the country. A Florida scooter share is a system by which users can rent electric scooters on a short-term basis. Most of the scooters are electric and dockless, meaning that they can be left anywhere. Thus, the scooters can be tracked by GPS, and users looking for a nearby scooter can use an app to search for a nearby scooter. For some, electric scooters are a great way to get around and enjoy the city; however, Florida scooter accidents have dramatically increased since scooter shares have come into existence.

As of earlier this year, there were scooter shares in Miami, Fort Lauderdale, Orlando, and Tampa. However, the companies that operate scooter-share are constantly looking for new opportunities. Many cities are reluctant to allow scooter shares, for fear of an increase in the number of serious scooter accidents. Most of the concerns surrounding scooter shares relate to the fact that inexperienced riders are able to take motorized vehicles out on the road with no training or supervision. Some have also raised the concern that the lightweight scooters could get picked up in the heavy winds of a hurricane, turning them into “flying menaces.”

Recently, cities across Florida have started to implement scooter-share bans. In fact, in a recent state appellate court decision, Panama City, Florida passed a law prohibiting the use of overnight scooter rentals. Because the dockless nature of the scooters allowed them to be left essentially anywhere in the city, this had the effect of preventing a scooter-share from opening. The company intending on opening up the scooter-share filed an appeal, and the city’s law was upheld. The court noted that the city had the right to pass the law “when the undisputed facts demonstrate that the restriction is for the safety of the city’s citizens and visitors.”

Distracted driving has become an increasing concern with the widespread use of cell phones for everything from talking to navigation to texting. There are about one thousand Florida car accidents each week caused by distracted driving. Florida is seeking to change that, in part through the state’s Wireless Communications While Driving Law, which took effect earlier this year. Under section 316.306 of Florida Statutes, drivers cannot drive while “manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device” or while sending or reading information “for the purpose of nonvoice interpersonal communication,” such as texting or emailing. Section 316.306 took effect on October 1st of this year. Under that section, drivers cannot drive while “using a wireless communications device in a handheld manner” in school zones or work zones. Drivers will be given a warning for violations under section 316.306 until the end of the year, but can be cited for violations starting on January 1, 2020.

The law was enacted in order to improve safety on Florida roads, to prevent crashes, to reduce injuries and associated costs, and to allow law enforcement officers to issue citations to drivers who are texting while driving. There are some exceptions under the law, such as when reporting an emergency and when receiving messages that are related to navigating the motor vehicle.

Florida is trying to reduce incidents of distracted driving through its campaign entitled “Put It Down: Focus on Driving.” Distracted driving can be anything that takes a driver’s eyes off the road (visual), hands off the wheel (manual), or mind off driving (cognitive). However, the Florida Department of Highway Safety and Motor Vehicles notes that texting is particularly dangerous, because it requires all three types of distraction (visual, manual, and cognitive). The Department’s 2018 statistics showed there were more than 52,000 distracted driving crashes in Florida that year, which amounts to over 1,000 per week. Florida drivers have to drive carefully and prudently, and drivers who fail to do so and cause personal injuries or property damage can be held liable.