Articles Tagged with miami

What can be more exhilarating than the wind through your hair and the adrenaline rush of a chopper hugging a country or deserted road?  Very little beats that thrill.  Unfortunately, the hazards of motorcycling might outweigh the fun riding one can be.  As a Miami Motorcycle Accident Attorneys, our firm has seen the aftermath of one of the less fortunate riders.  As a long-time resident of Florida, I am constantly amazed at how unaware of the surroundings many of our senior citizens are.  An 18-wheel tractor trailer “came out of nowhere.”  Translation – did not see a huge truck; what chance does the biker have to be seen by that very same driver.

What types of hazards are there?

Busy intersections are intersections are inherently dangerous places for all motorists, particularly when those intersections are busy. At an intersection, vehicles, pedestrians, and bicyclists are traveling across one another’s paths, often perpendicularly. In addition, while a two-way intersection is dangerous enough, many urban areas have five-way or even six-way intersections, often resulting in extremely complex traffic patterns that are difficult to anticipate.

Hemos realizado recientemente un análisis sobre la disminución de valor de su automóvil en caso de accidente.

En ésta  ocasión queremos continuar con éste tema reafirmando algunos puntos del blog anterior y explicando porqué usted debería iniciar el reclamo.

Primero verifique las siguientes circunstancias fácticas:

car wreck accident south florida miami personal injury

Personal Injury Related Car Accident in Miami Increase

Recent statistics on traffic accidents in Miami area are quite surprising. As a Miami car accident attorney, it was my hypothesis that current technology in newer vehicles would result in far fewer collisions. However, this premise seems to be erroneous. Reports from the Florida Department of Highway safety and Motor vehicles relay this increase from 2014 to 2015.

It should be noted that fatalities have increased, as well.  Fatalities increased dramatically 17% from 2014 to 2015. There are about 1025 crashes throughout Florida any given according to these statistics. These daily occurrences have increased about 9%. One attributable element may be an increase in registered vehicles from 2014 to 2015. Another factor that may have contributed to the increase could be that drivers are simply driving more. Therefore, although safety mechanisms may have increased. But these safety features may be negated by an increase in exposure by drivers to the road. The more miles of the road, then the higher the risk. If you analyze this trend from 2011 to 2015, then it would appear the increase in miles traveled per driver is what caused the spike from 2014 to 2015. From 2011 to 2014 the numbers of injuries and fatalities seem static.

Slip and fall, trip and fall cases are usually more difficult than automobile related personal injury claims.  Historically, and before the advent of surveillance technology, premises liability claims were often fertile areas of dispute.   Without video a defendant was often less likely to be found liable.

In slip and trip and fall claims there are two (2) main types, transitory foreign substances, (think banana peel) and static condition (think “worn” carpeting).  Florida has codified the elements necessary to establish a cause of action in foreign substance slip and falls by enacting §768.0755 Fla. Stat. (2010). The requirements are as follows.  In a slip and fall involving a transitory foreign substance the plaintiff must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.  Constructive knowledge may be proven by circumstantial evidence showing that the dangerous condition existed for such a length of time that in the exercise of ordinary care the business establishment should have known of the condition or the condition occurred with regularity and was therefore foreseeable.

Surveillance videos have gained popularity and many accident scenes are now routinely recorded.  It is important when involved in a slip or trip and fall that you consult with an experienced personal injury attorney.  It is critical to do this as soon as possible after the accident.  Most if not all experienced personal injury firms will immediately send a letter advising the defendant(s) to preserve any surveillance evidence and to avoid the destruction (spoliation) of any recordings, etc., it would have recorded contemporaneously at the time of the accident. Additionally, any experienced personal injury law firm will routinely send an investigator to gather evidence, photos, measurements, etc., to help bolster an injury claim.