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Articles Tagged with personal injury

Even with advancements in auto safety, increased enforcement of traffic laws, and cracking down on distracted driving, car accidents still occur in South Florida at an alarming rate. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are more than 65,000 auto crashes in Miami-Dade County alone, causing almost 300 fatalities every year. Another 32,000 victims are injured in traffic collisions, and their losses can be devastating. In addition to the physical pain, medical bills, pain and suffering, and other consequences add up. 

Various factors are at play when it comes to assessing the safety risks on county thoroughfares, local city streets, and highways. You can trust a Miami highway car accidents attorney to protect your rights if you were involved in a collision on any of South Florida’s most dangerous roads. When you know where they are located, you might understand why collisions are a common occurrence in these areas.

I-95 and Florida’s Turnpike

When happy hour extends well into the evening, you know that it is a huge mistake to get behind the wheel while intoxicated. What you may not realize is how being drunk can impact your rights in an accident, even when you were not driving. Under basic personal injury laws, individuals and entities can be held liable for harm caused by negligent conduct. However, the state comparative fault statute also takes into account the victim’s misconduct. If you were hurt by someone else’s negligence, your compensation might be reduced by the amount of fault attributable to you. 

Therefore, you might expect to lose out on a portion of your monetary damages if you were hurt because of your own negligent acts. Unfortunately, another statute may apply to completely bar compensation for victims who were drunk when injured. A Miami personal injury attorney may be able to help overcome the impact of this law, but you should understand how it works.

Florida’s Alcohol or Drug Defense Statute

It is horrifying to learn that the assisted living facility that you carefully researched, paid, and trusted to care for an elderly loved one has shirked its legal obligations. Nursing homes have a duty to provide proper care, but statistics indicate that many fall short. Data from the US Centers for Disease Control and Prevention (CDC) reveals that around one in 10 individuals aged 60 years and older has experienced some form of elder abuse, though the true figures are likely much higher because of reporting issues. Experts estimate that just one in 24 instances of misconduct are communicated to authorities. The nature of elder care in assisted living centers typically puts family members in the position to raise concerns about the resident, who may suffer from dementia, mental decline, or related medical conditions. It is critical to contact a Miami nursing home abuse lawyer right away if you spot the following signs of nursing home abuse that you cannot ignore. 

Physical Abuse

Some types of bodily harm are visible, so you are right to be disturbed if you notice bruises, abrasions, or lacerations. Still, you must remain vigilant regarding the less obvious signs of physical abuse in assisted living facilities, such as:

Car accidents remain one of the leading causes of death and disability in the U.S., so government officials are constantly researching, assessing data, and reviewing statistics to determine ways to reduce them. One measurement that has proven useful for purposes of analysis is the so-called KABCO scale established by the Federal Highway Administration (FHWA), which evaluates the severity of auto collision injuries and expresses how they impact crash costs. 

There are several complicated formulas that FHWA uses to balance how much a manufacturer must expend to implement accident countermeasures against how well they succeed in reducing crashes. The resulting calculation is useful from the perspective of societal costs, but the KABCO scale may also be a factor if you suffered severe, debilitating trauma in a collision. Though you can trust your Miami catastrophic injuries attorney for help with the legal process, here is an overview of the KABCO scale. 

KABCO Injury Scale and Cost Assessment

The vast majority of fatal and injury-causing accidents in Florida occur because of negligence, but the term means more than mere carelessness in the practice of law. Negligence is a theory of liability that requires a claimant to prove certain sets of facts to prevail in a personal injury claim. The standard is how a reasonably prudent person would act under the same circumstances as the accident in which you were injured. A departure from this standard may represent a breach of the legal duty of care, entitling you to recover damages from the at-fault party. 

However, not all personal injury claims are based upon negligence. Intentional misconduct and acts done with knowledge of the dangers may NOT fall under this concept, but you may still have legal remedies. It is critical to consult with a Miami personal injury lawyer about your options, and read on for a summary about accidents caused by factors other than negligence.

Basic Definitions for Personal Injury Liability

Drunk driving has plagued US roadways for decades, yet motorists continue to get behind the wheel of a car after consuming too much alcohol. The Florida Department of Law Enforcement (FDLE) reports that officers make almost 34,000 arrests statewide for driving under the influence of alcohol (DUI), and more than 3,700 of these cases arise in South Florida. Police are always on the lookout for motorists who are swerving, driving erratically, and exhibiting other indications of intoxication. 

However, a drunk driving arrest can also result from a DUI accident, since officers will conduct an investigation when arriving on the scene. When their probe turns up sufficient information to charge and/or convict the other driver, you probably assume you have an open-shut case to recover compensation if you were injured in a crash caused by that driver. The legal issues are not quite so simple, so rely on a Miami drunk driving accidents attorney to assist with your remedies. You can also gain some insight by reviewing answers to common questions about DUI crashes in Florida.

What are the differences between a civil and criminal case after a drunk driving accident? 

Considering the lack of protection offered by a bikes and size differential compared to other vehicles, it should come as no surprise to learn that bicycle accidents are among the most catastrophic of all traffic-related collisions. Statistics compiled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are proof of the dangers in South Florida. Every year, there are approximately 1,300 collisions involving bikes, leading to almost 300 fatalities and injuries to 1,400 riders. Many of these bicycle accidents are preventable and only occur through motorist negligence. 

However, some of these incidents are the direct result of misunderstandings about the traffic laws that bicycle riders are required to follow. Motorists and bicyclists alike must know these rules when sharing the road, both for safety reasons and to support your legal rights. Violations may trigger Florida’s comparative fault statute, significantly reducing your compensation in a crash claim. A Miami bicycle accidents lawyer can explain how noncompliance with these traffic regulations can impact your claim:

Traffic Lights, Signage, and Controls

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
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