September 8, 2009

Car Accident? Follow this Checklist

car-accident.jpg As I discussed in an earlier post, Jacksonville had the highest number of car accidents of any Florida city last year. Hopefully you'll never have to go through the trauma of a car accident and are spared the difficulty and hassle of dealing with one. Unfortunately, the probability of getting into an accident is growing with the proliferation of cell phones and texting. What’s worse is that the level of your driving skill is moot if you’re hit by someone else who was inattentive.

What should you do if the worst happens? You can find checklists all over the internet, but here's my advice to cover every base after a crash.

1. Check for injuries. Don't underestimate "minor" injuries! Call the police, or 9-1-1 in emergencies. Make an appointment with your doctor or go to the hospital to get checked out, just in case.
2. Provide current car insurance information to each party in the accident, and any police officer who might respond.
3. Document evidence! Keep a disposable camera to take pictures of injuries, property damage, or skid marks. Have a pen and paper handy to take down names, addresses, and phone numbers of anyone who saw or heard the accident happen.
4. Notify your insurance company.
5. Consult a personal injury lawyer to ensure that you’ve tied up all the loose ends!

September 1, 2009

Automobiles as Dangerous Instrumentalities

hummer.bmp According to Florida'sdangrous instrumentality doctrine, owners and possessors of inherently dangerous tools are liable for any injuries caused by the operation of those tools. This legal principle was applied to the realm of automobiles in Southern Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920). This means that if you own a car, you can be responsible for injuries caused by that car.

As a result of this watershed case, victims of car accidents occurring due to negligence may look to the vehicle owners for damages, regardless of whether it was the actual owner driving the vehicle or not. Likewise, employers may be pursued for the injurious acts of their employees under the theory of respondeat superior.

In order to be held liable, an owner must the ability to exert control over his or her vehicle. For that reason, leasing companies or people whose cars are stolen cannot be penalized for injuries involving their vehicles. Furthermore, if an owner did not give permission to a driver to operate the car, the owner may avoid liability if he files a police report to show that the car was stolen at the time the injury was caused. These distinctions are critical for determining who needs to be brought into litigation via impleader and the bounds of a victim’s potential recovery.

Unsure of what all this means to you? Consult a personal injury attorney to learn the intricacies of the law!

August 6, 2009

Dangerous Drivers: Jacksonville Ranks as Worst City in Florida for Car Accidents

fhp.jpg The Florida Highway Patrol has reported that Jacksonville suffered 14,064 automobile crashes in 2008, the highest total of any Florida city. What’s shocking is that’s roughly one and a half times the number of accidents as Miami! Sadly, about 1,182 crashes out of the total were alcohol-related.

This is unsettling for me, since I am a Magistrate Judge in the Traffic Courts of Duval county. Most people who request a court date are not bad drivers, but every day, there is at least a handful of people who have been caught driving at speeds in excess of 30mph on streets where families live, children play, and people work. That is unacceptable!

Florida, as a whole, doesn’t fare well compared to the rest of the country. It's the 43rd-ranked state for driver’s exam scores according to a 2009 GMAC Insurance National Drivers Test. At least lawmakers are taking steps to reduce risks. A Florida bill is under review that will prohibit texting while driving, both reading and sending messages. More measures like this should be taken to decrease the number of wrecks each year.

A short drive down I-95 in Jacksonville will give you a taste of the aggressive and dangerous driving on our streets. It will take a concerted effort from every driver to bring these numbers down. We can all improve and be more aware and considerate of others while in our cars. If not, we might take this shameful crown next year too!

In the unfortunate event of an accident, a prudent personal injury attorney can help you sort things out!

June 29, 2009

Florida's Drivers Among The Worst--New York Stinks, While Idaho's Tops

highway.jpg
I am a personal injury attorney representing the rights of people injured in car accidents through no fault of their own. I am also a Magistrate and Hearing Officer, which means that I act as a judge in Traffic Court in Jacksonville. So naturally, I was intrigued by U.S. News & World Report's recent state-by-state study on America's Worst Drivers.

Florida: we ranked 43rd. That's not bad... if there are 700 states, that is. While Idaho ranked #1, New Jersey bowed out as last year's worst, making way for New York. GMAC Insurance's 2009 National Drivers Test tested 5,000 drivers in each state, evaluating their basic knowledge of driving laws. Alarmingly, over 20% of America's drivers could not pass the written driver's test. That's about 41 million drivers from sea to shining sea who don't know the meaning of a yellow light or how to calculate a safe following distance.

Want to blame grandma and grandpa for our traffic woes? Think again! The study shows a direct correlation between increasing age and improved test scores. In other words, there's a reason why your teenager's insurance premiums are through the roof.

How will you do? Take the test to see if you will fare better than your fellow drivers. I did. Tell me how you did on your test, and I'll tell you how I performed on mine.

February 11, 2009

38 Car Accidents Every Day in Jacksonville, Florida

Personal injury is a major area of practice of mine. While some of my cases include slip & falls, dog bites, and negligent property owners, most of my personal injury cases involve car accidents. So I wondered how many car accidents are there in Jacksonville?

I went to the Florida Department of Motor Vehicles' website. The most recent statistics were 2004, but the results were shocking! In Duval county, there were 14,116 accidents in 2004. That's 38 accidents every day!

Even after decades of research to design safer vehicles, people usually get hurt in motor vehicle collisions. To be exact, there were 10,455 traffic accident injuries in 2004. Here's a summary of Duval County's crash data:

Alcohol Related Traffic Accidents - 1,245
Traffic Fatalities - 131
Alcohol Related Fatalities - 49
Injuries in Traffic Accidents - 10,455
Alcohol Related Injuries - 847
Motorcycle Fatalities - 15
Bicycle Fatalities - 6
Bicycle Injuries - 230
Pedestrian Fatalities - 31
Pedestrian Injuries - 329

Car accidents happen every day. If someone runs into you on the road, seek immediate medical attention, and contact an attorney as soon as possible.