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Articles Posted in Personal Injury

Whether you just got your driver’s license or have had it for years, there are some rules of the road that are so basic you will never forget. Come to a full stop on red, always use your turn indicator, never pass in a no-passing zone, and other regulations listed in the Florida Driver License Handbook are ingrained in the memories of most motorists. However, there is one source of confusion about one key point in state traffic laws: Right of way – who has it, who does not, and who is at fault when a violation leads to a crash?

The answers to these questions are far from clear, which is why it is critical to retain a Miami car accident lawyer to protect your rights if you were involved in a collision. Some general information can help you understand the basics about right of way and your legal options. 

What “Right of Way” Means

If you were injured in a car accident, your health care providers may engage in numerous different strategies to assist with the recovery process and ease your pain. However, besides undergoing surgery and taking pain medication, your doctor may recommend physical therapy to get you back to health. This continuing treatment involves regular appointments with a practitioner to safely return your body to its pre-accident physical state, so it is important from a well-being standpoint.

In addition, sticking with your doctor’s orders for physical therapy is also important for your legal rights. You may not think about it as an important factor, but skipping an appointment could affect your compensation. Trust a Miami personal injury attorney to handle the legal side of your claim, but some general information may be helpful.

Physical Therapy Can Speed Recovery

Being involved in a car accident is always frightening, but you could feel overwhelmed if the auto crash occurs in the heavy traffic of Miami streets. Unfortunately, these incidents are becoming more common. According to the National Highway Traffic Safety Administration (NHTSA), the number of collision fatalities in urban areas has risen considerably over the last 10 years, and has surpassed the number of deaths from rural accidents every year since 2016. 

Despite the chaos and vehicles speeding around you, it is essential to take proper precautions after a Miami car accident. Getting necessary medical care should be a priority, but other important considerations include:

  • Take a Deep Breath: If you are not knocked unconscious by the impact of the crash, your heart may be racing and your adrenaline skyrocketing. Your first instinct might be to jump out of the car out of a combination of aggravation, anger, and frustration. It is important that you do NOT act on this instinct, as you could be putting yourself in grave danger from the traffic coursing around you. Instead, take a deep breath, and then do a quick check to determine whether you are hurt and how badly.

Many US states have taken action against the dangers of texting and driving by enacting statutes that make certain types of cell phone use illegal while a driver is operating a vehicle. Florida’s approach is contained within the Florida Ban on Texting While Driving Law, which took effect in July 2019. Police now have primary enforcement to pull over a motorist if they observe violations of the law, and there are penalties for getting a ticket. However, if illegal cell phone use is linked to an injury-causing accident, victims cannot always rely on law enforcement observations when pursuing their right to compensation. Unlike a drunk driving accident where the motorist’s chemical rests reveal a blood alcohol content over the legal limit, there are issues of proof with a distracted driving crash. 

You cannot expect the responsible driver to admit to texting, so you – through your Miami car accidents attorney – will need to explore other options to get essential evidence. An overview of the key issues may help you understand the importance of proof in texting and driving collision claims.

Florida Law on Texting While Driving

If you were hurt in a car accident in Miami, you may experience lingering, chronic pain beyond the initial treatment you received for your injuries. Experts from the Mayo Clinic indicate that there are multiple medication options to alleviate the discomfort, such as acetaminophen, some NSAIDS, and other over-the-counter drugs. You may even receive a prescription for pain from your doctor, since narcotics, antidepressants, and steroids can be effective against pain. However, if you are looking for some alternative remedies for persistent soreness, some new advances in pain treatment may be of interest. 

You can read on for some information about the latest in care for chronic pain, though you might be concerned about the costs. Consult with a Miami car accident attorney about seeking compensation for your medical care, but here are a few options to discuss with your doctor.

Chronic Pain Treatment Focuses on the Nervous System

A number of construction workers were seriously injured this week when a crane-load of rebar fell onto them at a Brickell construction site. The crane was moving some rebar overhead when the load unexpectedly fell, injuring at least six workers at the Florida construction site, with two of those workers being impaled through the torso. At least one of the victims remains on a hospital ventilator, in serious condition. 

What Causes Florida Construction Accidents?

In the incident above, the rebar allegedly fell onto and injured the construction workers as a result of defective construction equipment. The Construction Company operating the site claimed on social media that the steel cage of the crane came loose while it was transporting the rebar overhead, resulting in the injuries to those workers positioned below. The Occupational Safety and Health Administration is currently investigating the incident, but if it turns out that defective crane equipment was the cause of the accident, then those injured may have legal recourse through a product liability claim in addition to their workers’ compensation benefits. 

People of all ages can sustain head trauma in an accident, but statistics from the Brain Trauma Foundation reveal that the risks for children are shockingly high. Every year in the US, 2.5 million individuals suffer traumatic brain injury (TBI) and around 50,000-60,000 children are hospitalized for these injuries. Plus, TBI is also the leading cause of death and disability among individuals under 18 years old, as they carry significant long-term physical and emotional implications.

Though you want to do all you can to protect your child when you know the risks of TBI, accidents can still happen. A Miami brain injury attorney can explain your legal options if your child was hurt, but knowing how these injuries happen may help you reduce the threat.

Top Causes of Traumatic Brain Injuries to Children

For a potential passenger, booking a trip through a Miami rideshare company is a simple process that involves just a few clicks on the mobile app. From the perspective of an Uber or Lyft driver, interacting with the app is slightly more complicated. The underlying reason is grounded in the relationship between a rideshare service – defined as atransportation network company’ (TNC) under Florida law – and the person who provides the services using his or her own vehicle. TNC drivers are independent contractors instead of employees, eliminating the possibility that you can pursue the rideshare company if you were hurt in a vehicle collision.

However, the distinction does not take away your rights as an Uber or Lyft accident victim. Instead, the focus is on the TNC driver’s usage of the app, based upon three key periods of interaction. A Miami rideshare accidents lawyer can explain in more detail, but a general description may be helpful.

Three Key Periods for TNC Driver App Usage

Considering the year-round mild temperatures and gentle ocean breezes, it is easy to see why many South Floridians choose to get around by foot or bicycle. Walkscore ratings for Miami are proof, giving the city high marks at 78 for walkability and a 65 for bike riding. The downside is that the increase in foot and bicycle traffic can cause some tension with the number of motorized vehicles, especially in the heart of downtown and during rush hours. Add to that an explosion in the number of people using Uber and Lyft, and you have a potentially disastrous scenario that can lead to serious rideshare accidents with pedestrians and bicycle riders.

Fortunately, it does not matter if you were in a motorized vehicle to seek your legal remedies as an injured victim. Florida laws protect the interests of pedestrians and bicyclists, so you should discuss your options with a Miami rideshare accidents attorney

Vulnerable Road Users Have Rights After a Rideshare Accident

As part of its mission to provide safety information to insurance companies and auto makers, the Insurance Institute for Highway Safety (IIHS) routinely conducts studies on how to reduce the risks of accidents and potential for serious injuries. A recent study should be of particular concern to any motorist or passenger, especially for those who use ridesharing services in Miami: The dangers of riding in the back seat of a vehicle, a common practice for Uber and Lyft passengers, are serious. IIHS researchers expressed serious concerns about multiple crash-related factors, after analyzing the details of almost 120 collisions that caused death to back seat passengers.

The increased risk for back seat occupants is alarming, but the truth is that you have rights after an Uber or Lyft crash no matter where you were sitting. It is important to speak with a Miami rideshare accidents attorney about the legal concepts, but you may also benefit from some information about the threat to back seat riders.

Seat Belt Usage and Rideshare Services

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