Car Accident Lawyers

A Top Auto Accident Law Firm For 25 years

Were You Hurt In A Car Accident?

A car accident can happen to anyone, and we understand the fear, frustration, and anger you may feel. Even injuries that do not seem that bad in the beginning can have long term effects on your life. Between the pain and suffering, missing work, and the inability to do the things you enjoy, an injury can be devastating. The last thing you need to do when going through this rough time is to fight with the insurance companies. You should be focusing on healing. The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh are to help. You will have the full support from our attorneys. We’ll handle all the paperwork, fight your all legal battles, and make them pay, so you can focus on your health and getting your life back on track here in the Southwest Florida area.

Why Goldman Babboni Fernandez Murphy & Walsh?

  • Local Experience With Big Firm Results - Over $500 Won For Clients.
  • Every Case Is Represented By A Full Partner.
  • We are truly local to with offices in Sarasota, Manatee, Charlotte and Pinellas Counties
Car Accident Lawyers

As an accident victim in southwest Florida, you need a legal team with the local expertise and resources to get you the compensation you deserve. The Law Firm of Goldman, Babboni, Fernandez, Murphy & Walsh. With over 100 years of combined experience successfully representing injury victims, they have the knowledge and dedication to handle even the most complex personal injury cases. Put your trust in their capable hands to fight for your rights. Call today for a free consultation with one of their skilled attorneys. You can feel confident you are in good hands with this well-respected local auto accident attorneys firm.

Our Firm’s History in Bradenton and Sarasota

For over 25 years, the Law Firm of Goldman, Babboni, Fernandez, Murphy & Walsh has provided trusted legal counsel and representation to clients in Bradenton, Sarasota, and surrounding areas. Justice Pays was founded on the principles of integrity, dedication, and a commitment to achieving justice for victims of negligence or wrongdoing in the area of auto accident law in Southwest Florida.

Each of our partners began their legal careers in Florida over two decades ago and has extensive experience in personal injury law and civil litigation. By combining our knowledge and skill, we have obtained over $500 million in verdicts and settlements for clients in cases involving car accidents, truck accidents, premise liability, medical malpractice, and wrongful death.

Experience and Resources to Win Tough Cases

The partners in our firm personally oversee all cases, applying decades of legal experience to build a strong case on the client’s behalf. We have the resources to consult medical experts, accident reconstruction specialists, and economists to prove liability and determine the full impact of injuries. Our firm uses cutting-edge graphics and presentations to clearly demonstrate how the defendant’s negligence caused harm.

A Promise of Personal Attention and Compassion

At our firm, clients can expect personal attention from an experienced partner, not an inexperienced associate. We understand the difficulties accident victims face, and we are dedicated to easing their burden while fighting for the compensation they deserve. Our partners and support staff are committed to keeping clients well-informed, answering questions promptly, and providing compassionate guidance through each stage of the legal process.

Our Attorneys’ Expertise in Car Accident Cases

Our dedicated team of attorneys have extensive experience in handling car accident cases. Combined the partners of Justice Pays, David L. Goldman, Michael Babboni, Stephen Fernandez, and Daniel Murphy have won over $500 million in settlements and verdicts for clients.

Each attorney is a partner in the firm and personally handles every case, providing clients with decades of expertise and a commitment to justice. They use state-of-the-art resources, including accident reconstruction, medical illustrations, and document enhancements, to build compelling cases.

In-Depth Knowledge of Car Accident Law

Our attorneys understand Florida’s car accident laws inside and out. They stay up-to-date with changes to legislation and case law to determine liability, evaluate the strengths and weaknesses of an auto accident case, and pursue maximum compensation for clients. Their knowledge, skill, and experience allow them to anticipate challenges, overcome obstacles, and fight for what clients deserve.

Commitment to Clients

Our attorneys share a dedication to helping clients achieve justice and fair compensation to recover physically, emotionally, and financially from an accident. They understand how devastating a car accident can be and work tirelessly on clients’ behalf. Each case receives personal attention from an experienced partner, who handles all communication and guides clients through the legal process to help ease their clients pain and suffering and help them achieve maximum compensation award amounts.

Use of Specialists and Experts

To build the strongest cases possible, our attorneys consult medical specialists, vocational rehabilitation counselors, economists, accident reconstructionists, and other experts. They use forensic evidence, medical records, witness statements, and other evidence to determine how an accident happened and the full impact of injuries. This comprehensive approach aims to secure fair settlements or win verdicts at trial.

With decades of experience, comprehensive knowledge, a dedication to justice, and the use of specialists, our attorneys have the expertise and skill to handle car accident cases of any size or complexity. They pursue the maximum compensation clients are entitled to so they can recover and move forward after an accident.

Our Record of Successful Verdicts and Settlements

The partners at Goldman, Babboni, Fernandez, Murphy & Walsh have decades of experience handling complex personal injury and wrongful death cases in Florida. Our expertise has resulted in millions of dollars in verdicts and settlements for our clients.

When you hire our firm, you can rest assured your case will be in qualified hands. Each partner has litigated cases resulting in settlements and verdicts of over $1 million. Collectively, we have won more than $500 million for injured clients and families who lost loved ones due to negligence.

Some of our most notable successes include:

  • $16.5 million settlement for a client who suffered severe brain damage after an 18-wheeler collided with his vehicle. The settlement provided financial security so our client could get the lifelong care he needed.
  • $11.5 million verdict for the family of a motorcyclist killed by a drunk driver. Though no amount of money could replace their loss, the verdict held the negligent party accountable and provided the family financial stability.
  • $8 million settlement for a child who suffered permanent disabilities after nearly drowning at a public pool due to inadequate safety measures and improper lifeguarding. The settlement ensured the child would have access to specialized care and therapy for life.

When you choose Goldman, Babboni, Fernandez, Murphy & Walsh, you choose a team committed to fighting for justice and accountability. Our proven track record demonstrates our ability to stand up to insurance companies and corporations, and our commitment to pursuing maximum compensation for clients. If you or a loved one has been seriously injured due to negligence in Florida, contact us today for a free consultation. Justice pays.

We Protect The Injured, Not The Powerful

When you’ve experienced an injury as the result of a car accident, there will be a lot that weighs on your mind: You may worry about your ability to return to work. Scared about what the injury means for your life. Anxious about your financial future. To top it all off, you’ll have to deal with heartless insurance adjusters. They don’t care about your injuries or what are you are going through, they only care about saving their company money. All of this stress can add to the pain of your injury.

Through this tough time, you need someone on your side. Someone to fight the powerful insurance companies on your behalf. Someone who understands the dirty tricks they pull to avoid paying a fair settlement. You need a personal injury attorney. Our compassionate and caring attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh have seen it all. We know what our clients are going through and we’re here to protect them against the bullies at the insurance companies. We offer our clients a free case evaluation and you will not pay any fees unless we win your case.

If you’ve been injured in a car accident, you don’t have to fight alone. We’ve got your back.

Florida Has More Than It’s Share Of Car Accidents

The state of Florida consistently ranks as one of the states with the highest number of auto accidents. According to the National Highway Traffic and Safety Administration, every year in the state of Florida, there are approximately:

  • 220,000 auto accidents
  • 100,000 auto accident injuries
  • 3,000 auto accident fatalities

With such a high risk level, it is important to understand your rights after a car accident and how to seek help and compensation for any injuries.

Fighting For Your Rights In A No-Fault State

Florida is a no-fault state, which makes pursuing an accident claim more complex. Every accident is considered the fault of both parties. However, one party may be seen are more at fault than the other. This is called “comparative negligence.” The percentage of comparative negligence of each party determines the value of the settlement. For example if the claim value is $100,000 and it is determined that you are 20% at fault, then you will only receive 80% of the settlement or $80,000. So insurance companies will try to manipulate the cause of the accident, so they can pay you less value for your injuries. As part of the claims process in the state of Florida, you have to prove that not only was the other party at fault, they were more at fault than you. This makes proving liability a very complex process. In order to ensure that you are not falsely attributed fault, you need legal expertise.

How We Help Clients After a Car Accident

Once retained, our dedicated legal team immediately begins investigating your accident and building your case. We gather evidence from the accident scene, examine police and medical reports, and interview witnesses to determine liability and evaluate the strength of your claim.

If we determine you have a valid claim, we will pursue the at-fault party and their insurance company to seek compensation for your damages. We have extensive experience negotiating with insurance companies to obtain fair settlements for our clients. However, if an adequate settlement cannot be reached, we are fully prepared to take your case to trial.

Our team has access to highly qualified experts and advanced resources to support your case, including accident reconstruction specialists, medical experts, and economists. These experts help us calculate the true costs of your injuries and determine appropriate compensation.

Throughout the legal process, we maintain close communication with our clients to keep them informed of case developments and address any questions or concerns. We understand the difficulties accident victims face, and we provide compassionate support and guidance to help ease the burden during this time.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we have a proven we can win time and time again in car accident and personal injury cases. Our attorneys have recovered over $500 million in verdicts and settlements for our clients. We have the skill, experience, and determination to help you pursue maximum compensation for your injuries. If you or a loved one has been hurt in a car accident, contact us today for a free consultation. We will evaluate your case at no cost and help you understand your legal options.

Proving Liability In The Crash

In order to get the full value of your claim, you will need to prove liability of the negligent party that caused the auto accident. This can be very complicated because it requires collecting a lot of evidence such as:

  • Police reports
  • Eyewitness testimony
  • Photographs from the scene of the crash
  • Medical records
  • Vehicle accident reports
  • Cell tower data

When you are injured, collecting all this documentation and knowing what is relevant to your cases can be extremely challenging. Working with an accident attorney takes away this stress. Our attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh will collect all the evidence you need to prove negligence of the other party.

The Insurance Companies Are Not On Your Side

Even once you have established liability, insurance companies will still try to pay you as little as possible for you injuries. Insurance companies are in the business of making profits and paying out a fair settlement for your injuries is not good business. They will use a lot of dirty tricks to try to get out of paying you including:

  • Overly complicate the claims process
  • Use confusing legal language
  • Have you fill out a variety of different complex legal forms for different departments
  • Make it impossible to speak directly to a person about your claim
  • Repeatedly low-ball you

They do all this knowing you are injured, but they don’t care. They are are just hoping to frustrate you to the point that you give up and they can get out of paying you what they owe.

Why Should You Hire An Accident Attorney At Goldman Babboni Fernandez Murphy & Walsh?

You won’t have to worry about these tactics though if you hire an experienced auto accident attorney. At Goldman Babboni Fernandez & Walsh, we believe getting Justice Pays. We’ve seen all the tricks the insurance companies use and know exactly how to deal with them. We’ll take care of all the frustrating aspects of handling the insurance companies from filling out the paperwork to negotiating the settlement. When you work with us, you can rest easy knowing that you have someone on your side fighting on your behalf. We act as a buffer between you and these powerful insurance companies and make it so you can just focus on the important matter of healing.

Through decades of experience representing car accident victims, we’ve seen and know all the tricks the insurance companies pull. They have teams of high powered lawyers on staff dedicated to discrediting you. Standing against these legal sharks without a legal team of your own is nearly impossible. Our team is here to fight against those bullies. No matter what claims they make against you, we’ll be there to counter them. We will find and analyze the evidence, speak to medical and accident experts, and use our specialized knowledge of the law to prove you right!

We Will Get You The Full Value Of Your Claim

After you’ve been injured in an auto accident, you may face financial difficulties. Medical care is extremely expensive even with a good insurance plan. Add to that the costs of missing work, going back and forth from the doctor, and damage to your vehicle and you may suddenly find yourself in trouble. The stress of financial strain is going to work against your ability to heal. So you need to put your mind at ease and hire a professional to make sure that all of your costs from an injury are covered. Our attorneys won’t just fight for the value of your medical bills and lost income, but we’ll find all the other costs that you have accrued since your accident and factor them into your claim value. With our help, you won’t have to worry about your financial security now or in the future. Instead, you can keep your mind focused on getting better.

We Fight For Victims Of All Auto Accidents

At Justice Pays, we specialize in auto accidents so you get the highest quality expertise available. We handle all types of accidents including:

  • Dangerous roads
  • Rear-end accidents
  • Distracted driving
  • Side impact collisions
  • Sideswipes
  • Drunk driving
  • Drowsy driving
  • Head-on collisions
  • Pile ups
  • Hit and run accidents

No matter how complex your situation, we have the knowledge and expertise to help.

What Should You Do After An Auto Accident

When you’ve experienced an auto accident, there are some things you can do to help make the claims process go faster. Obviously, your first priority is to take care of your injuries. If you injuries are very severe, don’t worry about documenting the accident. Just get yourself to the hospital. We can help you go back and get the details. However, if you can, you should:

  • Call the police and file a police report
  • Get medical attention
  • Take photos of the scene of the accident, any damage to the vehicles, and your injuries
  • Get the information of any witnesses
  • Write down some notes about what happened

See a doctor immediately. Sometimes the symptoms from an accident injury may not show up right away. It is always better to see a doctor immediately and get checked out. That way if you do sustain an injury, you can prove that the injury was directly caused by the accident. Finally, give us a call. We’re here to help from the moment you are injured through the full two years before your statute of limitations to file a suit runs out.

We Will Fight To Make Them Pay

The lawyers at JusticePays.com have over a century of combined legal experience in auto accident claims in the state of Florida. We can help navigate no-fault, fight the bullies at the insurance companies, and help you get the full value of your injuries. By specializing in auto accidents, you will get the highest level of specialized knowledge backing you up. When you hire us, you will have 24/7 access to our compassionate team to address any concerns or questions. We also will never charge any legal fees until unless your case is won.

If you or a loved one have been injured in an accident, give us a call today. We understand everything you are going through and are here to help make things easier.



The Importance of a Florida Auto Accident Attorney: Why You Need Us The Importance of a Florida Auto Accident Attorney: Why You Need Us

If you’ve sustained injuries from an automobile accident in Florida due to another party’s negligence, you shouldn’t have to bear the burden of your suffering alone. It’s your right to seek compensation for the hardship you’ve endured.

The financial impact of treating your injuries can be astronomically high. You may face many expenses, such as ambulance fees, emergency room care, diagnostic tests like CT scans or X-rays, surgical procedures, extended hospital stays, outpatient physical therapy, inpatient rehabilitation, chiropractic care, routine follow-ups, and more. These expenses, along with insurance copays and deductibles, can quickly run into the thousands or even hundreds of thousands of dollars. Moreover, you may lose income due to an inability to work during recovery. In severe cases, you might require lifelong treatment due to permanent injuries. If the accident wasn’t entirely your fault, it’s unjust for you to shoulder all these costs alone. You’re legally entitled to seek damages from the at-fault party’s insurance provider!

Yet, insurance companies are profit-driven entities, specializing at minimizing payouts. Their goal is to protect their bottom line, often leading to settlements that don’t fully compensate victims for their losses. That’s where the advantage of having a skilled personal injury attorney comes into play.

At Goldman, Babboni, Fernandez, Murphy & Walsh, our Florida auto accident attorneys bring valuable leverage to your case. Our understanding of Florida’s laws, familiarity with local court systems, and insight into insurance companies’ strategies enable us to fight fervently for the financial compensation you rightfully deserve. We add credibility to your case and increase your negotiation power, both crucial factors that can substantially increase the compensation you receive.

We offer our expertise and aggressive advocacy with no upfront legal fees, only charging if we secure a successful outcome for your case. Contact us today to arrange a complimentary consultation, and we’ll help you understand your legal rights and potential strategies to pursue justice!

Reach out to Goldman, Babboni, Fernandez, Murphy & Walsh now at (941) 954 1234 to schedule a complimentary consultation. Our commitment lies in securing the just compensation you deserve for your Florida auto accident case. We are here for your assistance.  


Common Causes of Auto Accidents in Florida Common Causes of Auto Accidents in Florida

The Most Common Causes of Florida Auto Accidents

Distracted Driving – An increase in driver distractions is causing more accidents. Distractions can range from texting, eating, drinking, talking with passengers, and more. Any activity that takes your focus off the road can be hazardous.

Impaired Driving (DUI) – The expectation is for drivers to be sober and alert while driving. Unfortunately, drunk drivers pose a substantial risk to all road users and pedestrians.

Aggressive Driving – It’s not unusual for drivers to become impatient or frustrated with traffic, but extreme behaviors endanger other road users. This includes weaving through traffic, tailgating, and intimidating other drivers.

Traffic Violations – Florida drivers are mandated to follow all traffic regulations. Disregarding rules such as speeding, running a red light, ignoring a stop sign, failing to yield, etc., can lead to catastrophic accidents.

Faulty Vehicle Parts – Sometimes, accidents are caused not by the driver’s actions but by defective vehicle parts. If it’s proven that a malfunctioning part led to an accident, the part’s manufacturer may be held liable.

Road Hazards – Accidents can also occur due to road hazards like cracks, potholes, etc. State and local governments are responsible for maintaining roads unless privately owned. If your accident was caused by poor road conditions, you may be able to hold the government entities responsible.


Typical Car Accidents in Florida Typical Car Accidents in Florida

Typical Types of Car Accidents That Can Occur In Florida

Side-Impact Collisions – this occurs when a vehicle is struck on its side by another vehicle.

Rear-End Collisions – When a vehicle is hit from the rear by another vehicle, severe injuries can ensue, requiring extensive medical care.

Head-On Collisions – These occur when two vehicles crash directly into each other, often resulting in fatal outcomes, especially at high speeds.

Multi-Vehicle Collisions – Also known as ‘pile-ups,’ this refers to accidents involving three or more vehicles, a common occurrence on crowded roads and highways.


The Majority of Car Accidents In Florida Cause These Types Of Injuries The Majority of Car Accidents In Florida Cause These Types Of Injuries

Regrettably, Florida sees a high number of car accidents, leading to a range of injuries that can be life-changing or, in some cases, devastating. As a dedicated auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, we are committed to guiding you through the aftermath of a Flordia auto accident. 

Soft Tissue Injuries:

These are frequently the most prevalent injuries from car accidents. They involve harm to ligaments, muscles, and tendons. Whiplash, sprains, and strains represent common soft tissue injuries, which can lead to considerable discomfort and protracted healing periods.

Head and Brain Injuries:

Car collisions can cause serious brain and head injuries, inclusive of concussions, traumatic brain injuries (TBIs), or even fractures to the skull. Such injuries may lead to long-term health issues, including changes in personality, cognitive difficulties, and memory loss.

Spinal Cord and Back Injuries:

The impact from a car crash can result in injuries to your back or spinal cord. These injuries can vary from minor back strains to more serious conditions such as spinal fractures, herniated discs, or in extreme cases, spinal cord damage, which can result in paralysis.

Broken Bones

Fractures or broken bones are often caused by car accidents. Frequently fractured regions encompass the ribs, collarbone, arms, legs, and pelvis. These injuries may necessitate surgeries, extended periods of rehabilitation, and could potentially lead to lasting disabilities.

Internal Injuries:

The sheer force from a car accident can trigger internal injuries, including organ damage, punctured lungs, or internal bleeding. Such injuries may not manifest immediate symptoms, but they can be fatal without prompt medical attention.

Psychological Injuries:

Beyond physical harm, car accidents can inflict significant psychological trauma. Conditions like post-traumatic stress disorder (PTSD), anxiety, depression, or specific phobias, such as fear of driving or being in cars, can arise.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we realize the profound impact these injuries can have on your life. Our goal is to assist you in securing the compensation you rightfully deserve for pain and suffering, medical expenses, lost wages, among other related costs. Our team of dedicated personal injury lawyers will tirelessly advocate for your interests. If you or someone you know has been injured in a Florida car accident, don’t hesitate to get in touch with us today


Important Steps To Follow If You Are Involved In A Car Accident Important Steps To Follow If You Are Involved In A Car Accident

Being in a car accident can be a traumatic experience.  At Goldman, Babboni, Fernandez, Murphy & Walsh, we understand the challenges you are facing and will work to help you get the compensation you deserve. Here are some important steps to follow if you are in a car accident in Florida.

Prioritize Your Safety:

Following an accident, prioritize your safety and that of others involved.  If possible, move your vehicle to the side of the road to avoid further collisions.  If it is unsafe to move your vehicle, or if the vehicle cannot be driven, leave it in place and move yourself to safety if possible.

Contact Emergency Personnel:  

Dial 911 to report the accident.  This will dispatch the police, if needed, ambulance services to the scene.  Even for minor accidents, a police report will be helpful when seeking compensation for damages.

Check Yourself and Others for Injuries:  

If you’re able physically, check yourself and others for injuries.  Don’t move anyone who is injured.  This may cause further harm.

Gather Necessary Information:

Collect necessary information from the other drivers involved in the accident, including their name, contact information, driver’s license number, license plate number, and insurance information.  If there are witnesses, collect their contact information as well.

Document the Scene:

Take pictures of the accident scene and the damage to your vehicles and any other vehicles involved with a smartphone device or a digital camera.  This will serve as evidence to help you prove your case.

Report the Accident to Your Insurance Company:

Notify your insurance company as soon as possible after the accident.  Be factual and brief in your description of the accident, and do not speculate about who was at fault.

Seek Medical Attention:

Even if you feel fine after an accident, it is essential that you seek medical attention.  Your injuries may not be apparent for an extended amount of time.

Contact Our Personal Injury Lawyers:

Reach out to our personal injury lawyers at The Law Office of Goldman, Babboni, Fernandez, Murphy & Walsh.  We can guide you through the legal process and help you get the compensation you deserve for your injuries.

Your actions immediately following a car accident can affect your case, so stay calm and contact our attorneys to ensure you receive the best possible outcome for your auto accident case in Florida.


Florida Statutes Of Limitations For Auto Accidents  Florida Statutes Of Limitations For Auto Accidents

Personal Injury Claims:

In the state of Florida, the statute of limitations for a personal injury claim resulting from a car accident is two years from the date of the accident.

Property Damage Claims:

If your claim is for property damage to your vehicle or other property, the statute of limitations is two years from the date of the car accident in Florida.

Wrongful Death Claims:

If a car accident results in a fatality, the deceased’s representative has two years from the date of death to file a wrongful death claim.  Note the date of death may not be the same date as the date of the accident.

However, there are some circumstances that can alter these deadlines. For example, if the injured person was a minor, or the defendant leaves the state for a certain period of time, the statute of limitations might be extended.

Importantly, failing to file a lawsuit within the required time frame typically means that the court will refuse to hear your case, and you will lose your right to compensation. Given the paperwork involved and the high stakes, it’s essential to get in touch with a knowledgeable Florida auto accident attorney, like our team at Goldman, Babboni, Fernandez, Murphy & Walsh, as soon as possible following a car accident.

 


Maximize Your Settlement - What You Need to Do Maximize Your Settlement - What You Need to Do

Once you hire us as your legal representation, our team will get to work on building your case and fighting for the maximum settlement possible. Here are the key steps we will take to accomplish this:

  1. Conduct a thorough investigation. We will gather evidence from the accident scene, police reports, witness statements, medical records, and anything else relevant to proving liability and the extent of your damages.
  2. Calculate the full value of your claim. We will work with medical experts, economists, and vocational rehabilitation counselors to determine costs for medical care, lost wages, pain and suffering, and any long-term disability or disfigurement.
  3. Send a demand letter. Armed with the evidence we have gathered and a well-documented assessment of your claim value, we will send a formal demand letter to the at-fault party’s insurance company. This letter will outline the facts of your case and the total settlement we are demanding on your behalf.
  4. Negotiate aggressively. Insurance companies are in the business of paying out as little as possible on claims. Our experienced attorneys know all the tactics used to minimize settlements and will work relentlessly to counter them. We will stand firm on the value of your case and refuse to settle for less than what you deserve.
  5. Prepare for litigation. If the insurance company will not negotiate in good faith, we are fully prepared to take your case to court. We have a proven track record of achieving maximum settlements through litigation and are not afraid to go to trial if that is what it takes to get you fair compensation.
  6. Help ensure a lifetime of care. For catastrophic injury cases, we work to obtain settlements that provide for a lifetime of medical care and financial security. We aim not just to settle your claim, but to settle it in a way that truly provides for your long-term well-being.

With decades of experience exclusively handling personal injury cases, our attorneys have recovered over $500 million for clients. We have the skill, knowledge, and dedication to fight for the maximum settlement in your case and help secure your financial future. Let us put our expertise to work for you.


Proving Negligence In A Car Accident In Florida Proving Negligence In A Car Accident In Florida

At Goldman, Babboni, Fernandez, Murphy & Walsh, as Florida auto accident attorneys, we excel at demonstrating negligence in car accident cases. Florida operates under a comparative negligence system, implying that if you are partly responsible for an accident, you can still claim damages. However, the compensation you receive will be proportionate to your fault.

Here’s a succinct guide on the steps we undertake to prove negligence:

Duty of Care: The foremost step in establishing negligence is proving that the defendant had a duty of care’ towards others on the road. All drivers have an obligation to act responsibly, adhere to traffic regulations, and ensure safety, thereby reducing harm to others.

Breach of Duty: Next, we work to prove a breach of this duty of care by the defendant. This typically means that the defendant was not adhering to a reasonable standard of behavior, similar to what a reasonable person would do under identical circumstances. Evidence such as traffic violations, including speeding, DUI, or distracted driving, can substantiate a breach of duty.

Causation: The subsequent step is to demonstrate that the defendant’s breach of duty resulted in the accident and consequent injuries. This requires proving that the accident would not have occurred without the defendant’s negligent actions. Tools like medical reports, eyewitness accounts, and accident reconstruction can be instrumental in establishing causation.

Damages: The final element to prove is that you incurred damages due to the accident. This could include medical bills, lost wages, property damage, or compensation for pain and suffering.

It’s paramount to gather comprehensive evidence to establish these four elements. Resources like police reports, witness testimonies, photographs or videos from the accident scene, medical records, and expert testimonies can significantly improve your case.

At Goldman, Babboni, Fernandez, Murphy & Walsh, our team of experienced attorneys are proficient at collecting the necessary evidence and building winning cases to establish negligence in Florida car accident claims. We are dedicated to helping our clients secure the compensation they rightfully deserve. For legal assistance following a car accident, don’t hesitate to contact us.


Recovering Compensation For Your Florida Auto Accident Injury Recovering Compensation For Your Florida Auto Accident Injury

At Goldman, Babboni, Fernandez, Murphy & Walsh, we understand the difficulty of pursuing full compensation after an auto accident in Florida. Florida law presents unique guidelines that can make the process of securing compensation quite intricate. Below are some primary avenues for compensation recovery:

Personal Injury Protection (PIP) Insurance: Florida law mandates all drivers to carry PIP insurance, which covers their medical expenses and lost income up to a specific limit, regardless of who was at fault for the accident. The regulations governing PIP insurance are outlined in Florida Statute 627.736.

The At-Fault Driver’s Insurance: Should another driver be responsible for your accident, you may be eligible to file a claim against their insurance provider. This claim can cover vehicle damage and other costs that surpass the confines of your PIP insurance coverage.

Car Accident Lawsuit: In cases where injuries are exceptionally severe, you might be entitled to pursue maximum compensation through the civil court system. This would involve filing a personal injury lawsuit against the at-fault driver.

Traversing these legal complexities can be challenging, which is where we come in. Our experienced Florida auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh are adept at advocating for full compensation following car accidents. We’re here to assist you every step of the way.

 


Understanding The Issue Of Aggressive Driving In Florida And Its Effects Understanding The Issue Of Aggressive Driving In Florida And Its Effects

In recent years, aggressive driving has become a prominent issue on the roads of the Sunshine State. As experienced auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, we witness the consequences of such behavior regularly and recognize the need for a greater understanding of this problem.

Aggressive driving, or ‘road rage,’ is not just a serious issue in Florida but a national concern. It contributes significantly to the number of car accidents, leading to severe injuries and, in unfortunate circumstances, fatalities. By addressing the roots of this issue, we hope to foster a safer environment on Florida’s roads.

Understanding Aggressive Driving

Aggressive driving encompasses a wide array of dangerous driving behaviors. From tailgating and speeding to improper lane changes and failing to signal, these actions put all road users at risk. More severe instances involve confrontational behaviors like intentionally causing harm to another driver or their vehicle.

Florida State Highway Safety Plan (SHSP) has identified aggressive driving as a critical emphasis area. As such, increased efforts have been put into mitigating this issue through public awareness campaigns, law enforcement training, and legislative actions.

Florida Statute 316.1923 defines aggressive careless driving as committing two or more of the following acts simultaneously or in succession: exceeding the posted speed, unsafely or improperly changing lanes, following another vehicle too closely, failing to yield the right-of-way, improperly passing, and violating traffic control and signal devices.

Aggressive driving behavior is not only dangerous; it’s also a leading cause of traffic accidents and fatalities in Florida. Speeding, tailgating, and frequent, unsafe lane changes can lead to devastating collisions resulting in severe injuries or even loss of life.


The Impact of Aggressive Driving in Florida The Impact of Aggressive Driving in Florida

Aggressive driving has far-reaching consequences beyond the immediate danger it presents on the road. It significantly contributes to the overall accident statistics in Florida, leading to thousands of personal injury cases and wrongful death suits each year.

Victims of aggressive driving accidents often suffer both physically and emotionally. Injuries can range from minor cuts and bruises to life-threatening conditions such as traumatic brain injuries or spinal cord damage. Additionally, the emotional trauma can lead to conditions like post-traumatic stress disorder (PTSD), affecting a person’s overall quality of life.

Legal Implications and Remedies

Florida law takes a stern view of aggressive driving. If proven guilty, an aggressive driver could face stiff penalties, including fines, license suspension, and even jail time. More importantly, they may be held liable for any damages caused by their actions.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we have an exceptional team of attorneys specialized in handling cases related to aggressive driving. If you or a loved one has been a victim, it’s crucial to know your rights and understand the legal remedies available to you.

We assist our clients in the complex paperwork of Florida’s no-fault insurance laws, helping them secure fair compensation for their medical bills, property damage, lost wages, and emotional distress. Furthermore, in cases where aggressive driving resulted in a fatality, we represent families in wrongful death suits, seeking justice for their immense loss.

While combating aggressive driving is a shared responsibility between law enforcement agencies, policymakers, and road users, understanding the problem is the first step toward a solution. As Florida auto accident attorneys, we, at Goldman, Babboni, Fernandez, Murphy & Walsh, are committed to raising awareness and providing legal support to those affected by aggressive driving.

The human cost of aggressive driving is immense, with injuries from such incidents ranging from minor cuts and bruises to life-altering conditions like traumatic brain injury or paralysis. Additionally, there’s the financial toll, which can include medical bills, rehabilitation costs, lost income, and property damage. The emotional impact, including trauma and stress, can also be significant.

For victims, the journey post-accident can be a daunting one, filled with medical appointments, insurance claims, and emotional healing. Knowing that you have experienced and compassionate attorneys on your side can provide peace of mind during these challenging times. Our team is here to help you navigate the legal process, ensuring your rights are protected and you receive the compensation you deserve. If you’ve been affected by aggressive driving in Florida, don’t hesitate to reach out to us for guidance and support.


Dangerous Intersection Accidents In Florida Dangerous Intersection Accidents In Florida

Intersections present a significant hazard on our roads, acting as convergence points for traffic flowing from various directions. One miscalculation from a driver can spell disaster, potentially leading to serious injury or even loss of life. If you or a loved one are unfortunate enough to be involved in such an accident, due to the negligence of another driver, our experienced attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh will support your case.

Data from the U.S. Department of Transportation’s Federal Highway Administration reveals that more than half of all accidents resulting in injury or death occur at or near intersections, underscoring their potential danger.

Car accidents at intersections are typically caused by:

Drivers going straight through an intersection, crossing multiple lanes of traffic.

Drivers making left turns across oncoming traffic lanes.

Drivers making right turns, merging into traffic on different roads.

Each of these scenarios heightens the risk of accidents. When a driver neglects their responsibility to ensure the safety of others on the road, the consequences can be tragic. T-bone accidents, where a vehicle strikes the side of another forming a ‘T’, are among the most common and severe types of intersection accidents.

Certain types of driver negligence are more commonly associated with intersection accidents. Speeding, driving under the influence, and distraction are amongst the most frequent causes. If you’ve been injured due to such negligence, it’s crucial to meticulously document all the losses you’ve incurred as part of your claim. This includes medical costs, lost wages, as well as physical and emotional pain and suffering.

Intersection accidents are a major cause of injuries and fatalities in Florida, due to the state’s high population density, expansive road networks, and heavy traffic. Intersection accidents are common occurances in Florida and there are several factors that contribute to these types of crashes. 

According to the Florida Department of Highway Safety and Motor Vehicles, intersection accidents account for a sizable proportion of crashes in the state. In 2022, over 30% of accidents on Florida’s roads happened in and around intersections.

Assigning blame in intersection accidents can be challenging. It’s in your best interest to contact our attorneys as soon as possible.

Our auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh are available to assist you if you have been injured in intersection accidents all over Florida.

 


Where and How Often Do Intersection Accidents Occur in Florida? Where and How Often Do Intersection Accidents Occur in Florida?

Almost a third of car accidents in Florida occur at or near intersections, underscoring the importance of understanding the problems that cause these accidents. These types of intersections contribute to accidents for a variety of reasons.

4-way intersections-These are intersections where two roads cross each other forming a plus (+) shape. Accidents at these intersections often occur due to failure to yield right-of-way, running red lights or stop signs, or misjudging the speed of oncoming traffic when making a left turn. Rear-end collisions can also occur if a vehicle stops suddenly.

T-intersections-These are intersections where one road ends into another, forming a T shape. Accidents at T-intersections often occur when the vehicle on the terminating road fails to yield to traffic on the continuing road. Additionally, if the driver misjudges the speed or distance of oncoming traffic when attempting to turn onto the continuing road, collisions can occur.

Y-intersections-These are intersections where three roads come together at a single point, forming a Y shape. Accidents at Y-intersections can occur due to confusion about right-of-way rules, especially if traffic control devices are not clear or if drivers are not familiar with the intersection. Additionally, high-speed collisions can occur if a driver fails to navigate the curve of the Y-intersection correctly.

5-point (or more) intersections-These are complex intersections where five or more roads meet. Accidents at these intersections can occur due to confusion about right-of-way rules and difficulty maneuvering multiple lanes of traffic. Additionally, these intersections often have more conflict points (places where the paths of two vehicles can intersect), increasing the likelihood of collisions.

L-intersections-These are intersections where two roads meet at a right angle, forming an L shape. Accidents at L-intersections often occur when a driver fails to yield to oncoming traffic when making a turn, or if a driver misjudges the speed or distance of oncoming traffic.

Roundabouts-These are circular intersections where traffic flows around a central island. Accidents at roundabouts often occur due to failure to yield to traffic already in the roundabout, or confusion about how to navigate the roundabout. Additionally, high-speed collisions can occur if a driver fails to slow down when entering the roundabout.

Traffic circles-These are larger versions of roundabouts, often with traffic signals or stop signs controlling traffic flow. Accidents at traffic circles can occur due to confusion about right-of-way rules, failure to yield to traffic already in the circle, or high-speed collisions if a driver fails to slow down when entering the circle.

Factors such as right-of-way violations and failure to stop at stop signs or red lights often lead to intersection accidents at 4-way stops.


Common Intersection Accident Types in Florida Common Intersection Accident Types in Florida

Although Florida’s Department of Highway Safety and Motor Vehicles records accident types and locations, it doesn’t directly correlate the two. We can, however, study broader trends to determine the most common intersection accident types:

REAR-END COLLISIONS

These are the most prevalent type of car accident in Florida, with intersections being a common location due to factors like excessive speed, tailgating, running a red or yellow light, distracted driving, and aggressive driving.

ANGLE COLLISIONS

Angle collisions, especially T-bone accidents, often occur at intersections due to a driver failing to yield the right of way. Florida law clearly defines right-of-way rules at intersections.

SIDESWIPE ACCIDENTS

Sideswipe accidents, both same and opposite direction, are common and can occur at intersections when drivers fail to maintain their lane.

HEAD-ON COLLISIONS

Head-on collisions are less frequent but potentially more dangerous, often resulting from disobeying traffic signs, leaving one’s lane, speeding, or distracted or erratic driving. Legal advice is crucial following a head-on collision due to often disputed fault.

PEDESTRIAN ACCIDENTS

Despite having the right of way in crosswalks, pedestrians can still become victims of negligent drivers at intersections. Sadly, pedestrian accidents are still a reality at intersections, and the outcomes can be devastating.


Intersection Accidents in Florida Intersection Accidents in Florida

Florida is known for its expansive road network, which includes a significant number of intersections. These intersections are among the most dangerous areas on the road due to the high volume of vehicles and pedestrians moving in different directions. This complexity often leads to serious accidents. According to Florida Department of Highway Safety and Motor Vehicles (FDHSMV) reports, thousands of intersection-related accidents occur each year, many of them resulting in severe injuries and fatalities.

Common Causes of Intersection Accidents

The majority of intersection accidents can be attributed to a variety of reasons, including:

Distracted Driving: Texting, talking on the phone, eating, or any activity that takes the driver’s attention away from the road is a common cause of intersection accidents.

Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a driver’s ability to make sound decisions and react quickly to situations.

Failure to Yield: Some drivers fail to yield the right of way at intersections, leading to crashes.

Speeding: Drivers who exceed speed limits may find it difficult to stop or maneuver their vehicle effectively at intersections.

Reckless Driving: This involves any actions that show a disregard for the safety of others, such as running red lights or stop signs.

Inadequate Signage: If traffic signs or signals are unclear, missing, or malfunctioning, it can lead to confusion and accidents.

The Legal Aspects of Intersection Accidents At Goldman, Babboni, Fernandez, Murphy & Walsh

Intersection accidents can lead to severe injuries, significant medical expenses, loss of wages, and other damages. Victims of these accidents may have legal rights to pursue compensation for these damages. The team at Goldman, Babboni, Fernandez, Murphy & Walsh has extensive experience dealing with intersection accident cases. They work tirelessly to ensure that their clients receive the compensation they deserve.

The firm understands the complex paperwork of Florida traffic laws and the challenges in proving fault in intersection accidents. They work closely with accident reconstruction experts, medical professionals, and investigators to build a strong case for their clients.

Intersection accidents in Florida are a significant issue that requires both preventive measures and effective legal solutions. If you or a loved one has been injured in such an accident, it’s crucial to seek legal counsel to understand your rights and potential avenues for compensation. Goldman, Babboni, Fernandez, Murphy & Walsh are well-versed in these cases and are ready to provide the help you need.


Deadly Defective Vehicles In Florida Deadly Defective Vehicles In Florida

Defective vehicles can pose significant risks to motorists, passengers, and pedestrians alike. These defects can turn an otherwise safe vehicle into a deadly weapon on the roads of Florida. We will look at types of defective vehicles, their common causes, and your legal rights as a consumer.

Defective vehicles and recalls pose significant safety risks to drivers.  The National Highway Traffic Safety Administration lists several types of defective vehicles and recalls with many high profile companies like Ford and General Motors holding the record for the most recalls due to defective vehicles in the past few years for various issues like failing to stay in park, fire risks, problematic engine mountings, and cruise control malfunctions.

Buying a new vehicle is a big investment, and consumers have the right to expect their vehicles to be safe and free of defects.  Despite this, the threat of hazardous and faulty vehicles in the United States is widespread and has resulted in a number of fatalities and injuries in car accidents.  Manufacturers have even faced accusations of intentionally hiding defects in their vehicles to conceal them from consumers and authorities.

The government website Safer.gov provides valuable information about safety ratings, defects, and other issues associated with new and used vehicles.  Nationwide, the United States has seen over 390 million vehicle recalls.  This is more than one vehicle for every person in the country.  Surprisingly, safety features are the leading cause of these recalls, either due to malfunction or non-function.

In 2011, over 1 million Ford F-150 trucks were recalled for potentially deadly defects.  This recall was due to a problem that could cause unexpected airbag deployment.  Similarly, 50,000 Cadillac SRX crossover vehicles were also recalled due to issues with passenger side airbags that could not deploy in a crash.

The auto industry averaged over 20 million vehicle recalls annually by 2019. The advent of electric and driverless vehicles has led to an increase in defective vehicle lawsuits involving large tech companies like Google and Apple.

Defective vehicle lawsuits in Florida, also known as product liability cases, are legal actions taken against manufacturers, distributors, suppliers, or retailers for injuries caused by defects in vehicles. These defects can range from faulty airbags and seatbelts to defective tires or flawed vehicle designs, leading to accidents or exacerbating injuries during an accident. Here are several notable examples of defective vehicle lawsuits in Florida to illustrate how these legal proceedings can unfold and the impact they have on consumer safety and corporate accountability:

  • Faulty Ignition Switch Case: In a well-known case involving a major automobile manufacturer, the company faced numerous lawsuits across the United States, including Florida, for ignition switch defects. These defects could cause the vehicle’s engine to shut off while driving, leading to loss of power steering, power brakes, and the non-deployment of airbags in a crash. The defect was linked to several fatalities and injuries, resulting in significant settlements and recalls.
  • Exploding Airbag Litigation: Another significant example involves a multinational automotive parts company that manufactured airbag inflators which could explode upon deployment, projecting metal shrapnel into the vehicle’s cabin. Florida, with its high humidity, was among the states where these incidents were more prevalent. Victims who suffered injuries or families who lost loved ones filed lawsuits, leading to one of the largest auto safety recalls in history and multi-million-dollar settlements.
  • SUV Rollover Cases: Florida has seen lawsuits against several automakers for SUVs prone to rollovers due to their high center of gravity and design defects. Victims of rollover accidents have pursued claims for injuries sustained due to what they alleged were inherently unsafe vehicle designs, leading to settlements and, in some cases, redesigns of future vehicle models to enhance safety.
  • Defective Tire Lawsuits: There have been cases in Florida involving defective tires that led to blowouts or tread separation, causing serious accidents. Victims and their families filed lawsuits against tire manufacturers and retailers, alleging that the tires were inherently dangerous and that the companies failed to warn consumers or recall the faulty products promptly.
  • Electric Vehicle Battery Fires: As electric vehicles become more common, Florida has seen legal actions related to battery defects leading to fires and explosions. These lawsuits claim that the batteries were prone to overheating and catching fire, posing significant risks to consumers. Settlements have included compensation for damages and comprehensive vehicle recalls.

These examples underscore the importance of holding manufacturers accountable for the safety of their products. Defective vehicle lawsuits not only provide compensation to those injured by such defects but also play a crucial role in ensuring that safety standards are rigorously applied and maintained within the automotive industry. If you or someone you know has been affected by a defective vehicle in Florida, it is crucial to seek experienced legal representation to navigate the difficult paperwork of product liability law and secure the compensation you deserve. The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh have a extensive knowledge of these cases and are committed to advocating for the rights and safety of accident victims.

At Goldman, Babboni, Fernandez, Murphy & Walsh we have the expertise and resources necessary to investigate your accident thouroughly and identify the likely causes of your injury or accident.  Sometimes, a defective vehicle might be partially to blame, while in other cases factors such as a defective road could have contributed to your accident.  Identifying all responsible parties is critical in order to pursue maximum compensation under the law.


Distracted Driving Is One of the Leading Causes of Accidents  Distracted Driving Is One of the Leading Causes of Accidents

Distracted driving is a major concern on Florida’s roads, contributing to a significant number of accidents each year. These accidents can lead to severe injuries and fatalities, and often, they are entirely preventable. Let’s discuss the issue of distracted driving accidents, their common causes, and your legal rights if you’ve been impacted.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we’re keenly aware of the dangerous consequences of distracted driving, which is a leading cause of accidents in Florida and across the United States. Annually, about 3,000 fatalities are attributed to distracted driving, accounting for 8-9% of all fatal vehicular incidents.

In the year 2020 alone, a total of 3,142 deaths were caused by distracted driving accidents, with cell phones implicated in 396 of these cases. The fact that there were fewer distracted driving-related accidents (2,880) than fatalities underlines the severity of such incidents, which often result in multiple casualties.

Moreover, the impact of distracted driving isn’t limited to vehicle occupants – pedestrians and cyclists are also at risk. In 2020, 587 pedestrian and cyclist deaths were reported due to accidents involving distracted drivers.

Beyond fatal accidents, distracted driving led to significant injuries, with over 324,000 individuals injured in related incidents in 2020. This number indicates the high risk and potential for harm when drivers are not focused on the road.

In the same year, it was reported that drivers, on average, spent around 98 seconds on their phones for every hour driven, an alarming increase from pre-COVID times. The rate of distracted driving was found to be highest between 6 and 11 p.m., and lowest during the early morning commute hours between 6 and 9 a.m.

Cell phones, though not the only cause of driver distraction, played a significant role, contributing to 12% of all car accidents as per the National Traffic Safety Administration.

While driver education efforts persist, the problem of distracted driving remains critical. From 2012 to 2020, over 29,000 people lost their lives to distracted driving. Despite a slight 1% reduction in fatal distracted driving accidents since 2016, the rate of accidents involving driver distraction remains high, fluctuating between 8% and 9%.

It’s worth noting that the 25 to 34 age group was implicated in the highest number of fatal distracted driving accidents in 2020. This underscores that certain demographics are more likely to engage in distracted driving behaviors, highlighting the importance of targeted intervention and education.

 


Distracted Driving Accidents in Florida Distracted Driving Accidents in Florida

Distracted driving occurs when a driver’s attention is diverted from the road. This can result in the driver reacting slowly to changing conditions or failing to react at all, leading to accidents. According to the Florida Department of Highway Safety and Motor Vehicles, distracted driving is a leading cause of road accidents, with thousands of crashes reported each year.

Common Causes of Distracted Driving

Distracted driving can be caused by a wide range of activities, including:

Texting or Talking on a Cell Phone: This is one of the most common distractions. Even with hands-free devices, the mental distraction of a conversation can affect a driver’s focus.

Eating or Drinking: Consuming food or drink while driving requires a driver to take one or both hands off the wheel.

Using GPS or Adjusting the Radio: Adjusting settings on the vehicle’s console can divert a driver’s attention from the road.

Talking with Passengers: Interacting with passengers, especially when turning to face them, can be a significant distraction.

Control Adjustments: Adjusting music, temperature controls, or responding to passenger requests may seem minor, but these actions divide your attention, increasing the risk of an accident.

Grooming: Applying makeup or grooming while driving diverts your attention from the road and can lead to accidents.

Conversing with Passengers: While it’s natural to converse with passengers, it’s crucial to prioritize road safety. Turning your attention away from the road to engage in conversation can be dangerous.

Looking Away from the Road: There are many reasons why a driver might take their eyes off the road, such as looking at landmarks or accidents on the side of the road. Regardless of the reason, this behavior significantly increases the likelihood of an accident.

Managing Children or Pets: Pets moving around a vehicle or children demanding attention can easily divert a driver’s attention, posing a significant risk.

Mental Distraction: Sometimes, on long commutes or familiar routes, drivers can zone out or operate on “autopilot.” This lack of active engagement with the driving task is a form of distraction that can increase the risk of accidents.

 Legal Rights and Representation by Goldman, Babboni, Fernandez, Murphy & Walsh

If you or a loved one has been a victim of a distracted driving accident, you may have the right to pursue legal action. You could be entitled to compensation for medical expenses, loss of income, property damage, pain and suffering, and other damages. The at-fault driver can be held accountable for their negligent actions.

The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh have extensive experience handling distracted driving accident cases. They understand Florida’s traffic laws, and they work diligently to hold at-fault parties accountable.

The firm collaborates with a team of professionals, including medical experts, accident reconstructionists, and investigators, to gather evidence and build a compelling case for their clients. They strive to ensure that their clients receive the maximum compensation they deserve.

Distracted driving accidents in Florida are a serious issue, leading to preventable injuries and fatalities. If you or a loved one has been affected by such an accident, seeking legal counsel is crucial to understand your rights and potential avenues for compensation. The team at Goldman, Babboni, Fernandez, Murphy & Walsh is well-equipped to provide the help you need.


Drunk Driving Accidents In Florida Drunk Driving Accidents In Florida

Drunk driving is a serious and potentially deadly issue that affects all areas of the country, including Florida. It is a primary cause of traffic-related fatalities and severe injuries, often impacting innocent individuals. There are serious implications for drunk driving accidents, their impact, and the legal rights of those affected.

It’s widely known that alcohol and illicit substances can dramatically affect one’s capacity to drive safely, leading to a high-risk situation on the road. Yet, despite all the awareness campaigns, many in Florida continue to drive under the influence, resulting in serious accidents. If you or a loved one has been injured in an accident because of someone’s decision to drive after consuming too much alcohol, you should consider seeking financial compensation. Contact our Florida DUI accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh today for guidance.

Our team of experienced Florida personal injury lawyers will ensure you receive compensation for your damages. Reach out to learn what our Florida DUI accident lawyers can do for you or your loved one.

Under Florida’s DUI laws, a driver can face arrest for driving with a blood-alcohol content (BAC) of .08 or higher. This threshold applies uniformly to all adults of legal drinking age. The vehicle doesn’t need to be in motion for an arrest to be made.

While most people know that DUI drivers can be arrested if they’re deemed legally impaired, many are unaware that “circumstantial evidence” of intoxication is admissible in civil cases. Even without direct proof like roadside sobriety or BAC testing, evidence like spending hours at bars, admitting to drinking, and fleeing the scene can be sufficient for a jury to determine intoxication in a civil negligence action. 

This underlines the importance of promptly hiring experienced DUI accident attorneys like those at Goldman, Babboni, Fernandez, Murphy & Walsh to investigate and uncover critical evidence if you’re involved in a suspected drunk or impaired driving accident. We can obtain witness statements, your own testimony, and other evidence to demonstrate the driver’s impaired state.

Florida’s Dram Shop Law may hold establishments like bars or restaurants liable if they overserve a customer who subsequently causes a drunk driving accident. However, this typically applies when the establishment knowingly served a habitual drunkard or a minor. This highlights the importance of hiring experienced DUI accident attorneys like those at Goldman, Babboni, Fernandez, Murphy & Walsh.

The status of a drunk driver as a habitual drunkard implicating possible vendor liability is not likely to appear in a police report. While law enforcement may not focus on this, our team will. If you choose us as your DUI accident lawyers, we’ll do everything necessary to uncover the evidence to hold all responsible parties financially accountable for the injuries and damages resulting from a drunk driving accident.


Drunk Driving in Florida Drunk Driving in Florida

In Florida, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Despite the legal limit and the well-known risks of drunk driving, many individuals still choose to get behind the wheel after consuming alcohol. This results in a significant number of accidents each year, causing devastating harm to individuals and families.

When sharing the roads in Florida, it’s crucial to stay vigilant and be aware of potential drunk drivers around you. If you suspect someone of drinking and driving, prioritize your safety by distancing yourself and promptly notifying law enforcement. The following indicators can alert you to the presence of a potentially intoxicated driver:

Erratic Braking: Drunk drivers often lack the coordination to brake smoothly and may apply the brakes unexpectedly or in an inconsistent manner.

Driving Significantly Below the Speed Limit: Intoxicated drivers may attempt to compensate for impaired judgment by driving unusually slowly.

Driving on the Wrong Side of the Road: Confusion and impaired judgement may lead drunk drivers to drive against traffic or on the wrong side of the road.

Making Excessively Wide or Tight Turns: Impaired motor skills can result in inaccurate turns, either too wide or too tight.

Straddling the Center Line: Alcohol impairs the ability to judge distance and position, causing some drunk drivers to drive too close to the center lane.

Weaving or Swerving: Lack of focus and impaired coordination may result in the vehicle drifting and swerving between lanes.

Driving Without Headlights at Night: Forgetfulness or disorientation may cause a drunk driver to neglect turning on their headlights after dark.

Erratic Speeds: Drunk drivers may have difficulty maintaining a consistent speed, resulting in sudden accelerations or decelerations.

Nearly Hitting Objects or Other Vehicles: Impaired judgment and slower reaction times can lead to near misses with objects, pedestrians, or other vehicles.

Delayed Response to Traffic Signals: Slower reaction times may cause drunk drivers to respond slowly to changes in traffic lights or stop signs.

Illegal Turns: Disorientation or confusion may lead to illegal or incorrect turning maneuvers.

Tailgating: Impaired judgment and perception may cause a drunk driver to follow other vehicles too closely.

In addition to these signs, note that intoxicated individuals may also show signs of inebriation before they get behind the wheel. This can include slurred speech, impaired balance, a strong smell of alcohol, glazed or bloodshot eyes, and aggressive or erratic behavior. Always encourage friends or family members who may be under the influence to use alternative forms of transportation, such as taxis, rideshares, or a designated driver.

Impact of Drunk Driving

The impact of drunk driving is far-reaching, affecting not only the victims involved in an accident but also their families, friends, and communities. Consequences can include:

Physical Injuries: These can range from minor cuts and bruises to severe injuries such as broken bones, spinal cord injuries, traumatic brain injuries, and even death.

Emotional Trauma: The psychological impact of being involved in a drunk driving accident can be profound, leading to conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression.

Financial Burden: Medical bills, rehabilitation costs, loss of income, property damage, and other expenses can place a heavy financial burden on victims and their families.

Legal Rights and Representation by Goldman, Babboni, Fernandez, Murphy & Walsh

If you or a loved one has been a victim of a drunk driving accident, it is essential to understand your legal rights. You may be entitled to compensation for your injuries, medical expenses, lost wages, pain and suffering, and more.

The team at Goldman, Babboni, Fernandez, Murphy & Walsh is experienced in handling drunk driving accident cases. They have thirty years of experience in legal system and work diligently to hold responsible parties accountable. They strive to ensure their clients receive the maximum compensation they are entitled to under Florida law.

By collaborating with medical experts, investigators, and accident reconstructionists, the firm builds a robust case on behalf of their clients. Their commitment is to provide the best legal representation and support their clients through this challenging time.

Drunk driving is a grave issue in Florida, causing unnecessary accidents, injuries, and fatalities. If you or a loved one has been affected by a drunk driving accident, it is crucial to seek professional legal assistance to understand your rights and explore potential avenues for compensation. Goldman, Babboni, Fernandez, Murphy & Walsh stand ready to help you navigate this complex process.

Remember, the decision to drink, and drive isn’t just about you—it affects everyone on the road. Always designate a sober driver or use a rideshare service if you’ve been drinking. Safety should always be the top priority.


Does Car Insurance Cover a DUI accident in Florida? Does Car Insurance Cover a DUI accident in Florida?

As an auto accident attorney in Florida, I can tell you that car insurance does typically provide coverage for accidents involving driving under the influence (DUI). However, the specifics can vary depending on the circumstances of the accident and the details of the insurance policy.

 

Here are the general principles:

Liability Coverage: If the drunk driver is at fault, their liability coverage should pay for the damages and injuries they caused to others, up to the policy limits. However, it’s important to note that insurance companies may deny coverage if the driver was engaged in illegal activity, like DUI. This denial can leave the at-fault driver personally responsible for the damages they caused.

Personal Injury Protection (PIP): Under Florida’s no-fault insurance laws, each driver’s own Personal Injury Protection (PIP) coverage pays for their own medical bills and lost wages, regardless of who was at fault in the accident. This applies up to the limit of the policy, which is typically $10,000 in Florida.

Uninsured/Underinsured Motorist Coverage: If the at-fault drunk driver does not have sufficient insurance or if their insurance company denies the claim due to DUI, Uninsured or Underinsured Motorist Coverage can step in. This coverage can pay for your excess medical bills and other damages if the other driver’s coverage isn’t adequate.

It’s also worth noting that if a driver is convicted of a DUI, their insurance premiums will likely increase significantly. In some cases, the insurance company may choose to cancel the policy altogether.

If you’ve been involved in an accident with a drunk driver, it’s crucial to consult with a knowledgeable Florida auto accident attorney. They can help you understand your rights and navigate the complex paperwork of insurance claims related to DUI accidents.

 

Is Drunk Driving A Problem in Florida?

As Florida auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, we can confirm that unfortunately, drunk driving is indeed a significant issue in Florida. This state consistently ranks among the highest in the nation for DUI-related fatalities and injuries.

According to data from the National Highway Traffic Safety Administration, Florida regularly sees hundreds of deaths each year as a direct result of alcohol-impaired driving. The numbers fluctuate, but it’s clear that drunk driving remains a persistent problem.

These accidents are not only tragic due to the loss of life and serious injuries sustained but also because they are preventable. The choice to get behind the wheel after consuming alcohol or drugs places not only the driver but all other road users at risk.

Efforts are being made by state and local authorities, alongside numerous advocacy groups, to combat drunk driving through public awareness campaigns, strict enforcement of DUI laws, and advanced alcohol-detection technology. However, we all have a part to play in addressing this issue by making responsible choices and encouraging others to do the same.


Elderly Drivers Are at Risk To Have Increased Accidents  Elderly Drivers Are at Risk To Have Increased Accidents

Elderly driver accidents are a significant concern in Florida, a state known for its large retiree population. Aging can bring about various changes that affect driving skills, contributing to accidents.  There are many factors that lead to elderly driver accidents, their common causes, and the legal rights of those affected.

 

Elderly Driver Accidents in Florida

Florida is home to a substantial population of senior citizens, many of whom continue to drive as they age. While many older adults drive safely, the risk of being involved in a traffic accident increases as drivers age. According to the Florida Department of Highway Safety and Motor Vehicles, there are thousands of crashes each year involving elderly drivers, some resulting in serious injuries or fatalities.

 

Common Causes of Elderly Driver Accidents

Some common factors contributing to elderly driver accidents include:

Reduced Vision and Hearing: Aging can cause diminished vision and hearing, making it difficult to perceive traffic signals, other vehicles, and changes in the driving environment.  Age-related vision impairments, such as cataracts, glaucoma, and macular degeneration, can significantly reduce an elderly driver’s ability to see clearly, affecting their ability to read road signs, recognize pedestrians, and perceive distances accurately.  Hearing decline can prevent older drivers from hearing horns, emergency vehicle sirens, or other sounds that indicate potential hazards, reducing their reaction time to avoid accidents.

Slower Reaction Times: Age can lead to slower physical and cognitive responses, impacting a driver’s ability to react to sudden changes on the road. As people age, their reaction times can slow down due to decreased motor coordination and cognitive processing speed. This delay can be critical when quick responses are needed to prevent accidents. 

Health Issues: Certain health conditions and medications can affect driving ability.  Age-related physical conditions, such as arthritis or Parkinson’s disease, can restrict an elderly driver’s ability to turn the steering wheel, press the gas or brake pedals, or check blind spots, all of which are essential for safe driving.  

Overconfidence: Some elderly drivers may overestimate their driving abilities, refusing to acknowledge their limitations. This overconfidence can lead to risky driving behaviors, such as driving at night or in heavy traffic, when it is not safe for them to do so.

Conditions like arthritis: can make it difficult to maneuver a vehicle, while medications can cause drowsiness or confusion.

Cognitive Decline: Conditions like dementia or Alzheimer’s disease can affect a person’s memory, attention, and ability to make quick decisions, which are crucial for safe driving.  Cognitive impairments, including dementia and Alzheimer’s disease, can affect an elderly person’s judgment, memory, and spatial orientation, making it difficult to navigate roads, remember routes, or make safe driving decisions.

Lack of Familiarity with New Technology: Modern vehicles come equipped with a range of technologies designed to improve safety. However, some elderly drivers may find these technologies confusing or overwhelming, potentially leading to incorrect use or distraction.

 

Legal Rights and Representation by Goldman, Babboni, Fernandez, Murphy & Walsh

If you or a loved one has been involved in an accident caused by an elderly driver, you may have legal rights to seek compensation for damages such as medical expenses, loss of income, pain and suffering, and more.

At Goldman, Babboni, Fernandez, Murphy & Walsh, our team of attorneys is experienced in handling cases involving elderly driver accidents. We understand what is needed for legal documents of these cases and work diligently to ensure that our clients’ rights are protected.

Our firm collaborates with medical experts, investigators, and accident reconstructionists to build a winning case. We advocate aggressively for our clients, aiming to secure the maximum compensation they deserve.

Elderly driver accidents in Florida are a serious issue that requires both understanding and effective legal solutions. If you or a loved one has been impacted by such an accident, seeking legal counsel is crucial to understand your rights and the potential for compensation. The team at Goldman, Babboni, Fernandez, Murphy & Walsh is prepared to provide the assistance you need.

It’s important to maintain open conversations about driving safety with elderly family members and friends. Regular health check-ups and monitoring driving abilities can help ensure safety on the roads for all users.

 


 Exceeding the Speed Limit Accidents In Florida Exceeding the Speed Limit Accidents In Florida

Speeding, a widespread yet hazardous driving behavior, remains a significant cause of traffic accidents in Florida. In 2018, speeding-related fatalities accounted for over 25% of all car accident deaths, marking a staggering toll of over 9,000 lives lost. Our lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh will highlight the potential consequences of ignoring speed limits and the complexity of legal processes.

Ignoring speed limits can lead to a multitude of undesirable outcomes. Among these are the increased risk of vehicle control loss, reduced effectiveness of seatbelts and airbags at higher speeds, and significantly greater stopping distances. Moreover, high-speed crashes invariably yield more severe outcomes compared to accidents at lower speeds. Even fuel consumption rises significantly due to excessive speeding.

Drivers tend to speed for various reasons, such as running late, engaging in road racing, or simply losing track of their speed during routine driving. Irrespective of the reasons, it’s crucial to maintain calm when encountering speeding drivers. For instance, if a driver tailgates in the fast lane, moving over to allow them to pass can help prevent a potential accident. Reporting dangerous or reckless drivers to the police is also a prudent course of action.

The legal accidents surrounding speeding accidents in Florida are complex. To achieve a successful claim, it’s necessary to prove the other driver’s negligence and breach of their duty of care. This includes two specific types of negligent behavior: exceeding the legal speed limit set by Florida and driving too fast given the road conditions, such as during heavy rain, fog, or icy conditions.

Accident lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh can assist in proving not only the speeding violation but also the direct link between the violation and any injuries or fatalities. Solid evidence in such cases might include witness testimonies, data from the vehicle’s Event Data Recorder (EDR or “black box”), and physical evidence from the crash scene, analyzed by professional investigators.

In the event of a speed-related accident, it’s imperative first to ensure your safety and the safety of others involved. Once secured, gathering evidence becomes the next priority. This could involve documenting the scene with photographs, noting the details of the other car and drivers involved, sketching a map of the accident, and promptly reporting the incident to the police.

It’s also advised not to discuss the accident, culpability, or related details with the other party as these could potentially be used against you in the future. Adhering to this guidance can help protect your legal interests and ensure the best possible outcome from a deeply unfortunate situation.

Speeding is a significant cause of traffic accidents in Florida, and across the United States. When drivers exceed the speed limit, they endanger not only their own lives, but also those of other road users. We’ll look at the causes of speeding-related accidents, their common outcomes, and the legal rights of those affected.

 

Exceeding the Speed Limit Accidents in Florida

Florida’s extensive road network sees a large amount of traffic each day. Unfortunately, many drivers choose to exceed the posted speed limits, leading to a significant number of accidents. According to the Florida Department of Highway Safety and Motor Vehicles, speeding is a major contributing factor to traffic fatalities in the state.

 

Impacts of Speeding Accidents

The impacts of speeding accidents can be devastating, often leading to:

Severe Injuries: Higher speeds increase the severity of injuries in the event of a collision. These can range from broken bones and traumatic brain injuries to permanent disability or death.

Increased Fatalities: Speeding reduces a driver’s control over the vehicle and increases the distance required to stop, making fatal accidents more likely.

Economic Costs: These accidents result in significant economic costs, including medical expenses, rehabilitation costs, lost wages, and property damage.

 

Legal Rights and Representation by Goldman, Babboni, Fernandez, Murphy & Walsh

If you or a loved one has been involved in a speeding-related accident, you have the right to seek legal compensation for your losses. The at-fault driver can be held accountable for their actions, and you may be entitled to damages including medical expenses, loss of income, pain and suffering, and more.

The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh are well-versed in handling cases involving speeding accidents. They work tirelessly to advocate for their clients, holding reckless drivers accountable and securing the compensation their clients deserve.

The firm collaborates with a network of experts, including medical professionals, accident reconstructionists, and investigators, to build a solid case for their clients. They understand the insurance of Florida traffic laws and the challenges in proving fault in speeding-related accidents.

Exceeding the speed limit is a serious issue in Florida, leading to unnecessary accidents, injuries, and fatalities. If you or a loved one has been impacted by such an accident, it is essential to seek professional legal assistance to understand your rights and potential avenues for compensation. The team at Goldman, Babboni, Fernandez, Murphy & Walsh is prepared to provide the help you need.

 


Failure to Obey Traffic Control Devices Accidents In Florida Failure to Obey Traffic Control Devices Accidents In Florida

Traffic control devices play a critical role in maintaining safety and order on Florida’s roadways. However, instances of non-compliance with traffic laws and signals can lead to severe accidents, often leaving innocent parties to bear the brunt of such negligent behavior. There are significant consequences of such infractions, and emphasis is placed on the importance of abiding by traffic rules for all Floridian motorists.

Motorists have a responsibility to operate their vehicles safely and in accordance with traffic laws. Nonetheless, there are instances where drivers overlook these obligations, leading to various forms of traffic signal violations. Such transgressions include running stop signs or red lights, speeding or driving significantly below the speed limit, disregarding road markings or traffic laws, veering out of the designated lane, failing to use indicators, overtaking in an unsafe manner, tailgating, or blocking an intersection. All these actions fall under a broader term referred to as ‘failure to yield.’

Failure to yield is one of the most dangerous violations, often resulting in serious, life-altering injuries. Although we all trust other road users to adhere to safe driving practices, when they don’t, the consequences can be devastating. Our team of dedicated car accident lawyers in Florida is well-versed in handling such cases, ensuring victims of such negligence receive the justice they deserve.

Understanding the right of way laws in Florida is crucial to prevent accidents and avoid penalties. Some key guidelines include:

At a stop sign, pedestrians and motorists on the intersecting road should be given the right of way.

At an open intersection, the right of way should be given to any vehicle that has already entered the intersection.

On a roundabout, traffic from the left should always be given precedence.

Failure to obey traffic control devices is a significant cause of traffic accidents in Florida. These devices include traffic signals, stop signs, yield signs, and other signs or markings intended to regulate, warn, or guide traffic. 

 

Failure to Obey Traffic Control Devices Accidents in Florida

Florida law requires motorists to comply with all traffic control devices. However, some drivers ignore these regulations, often leading to severe accidents. These accidents can result in substantial property damage, serious injuries, and, in some cases, fatalities.

 

Implications of Not Obeying Traffic Control Devices

Intersection Accidents: Many accidents occur at intersections when drivers run red lights or ignore stop signs.

Pedestrian Accidents: Pedestrians are at high risk when drivers fail to obey traffic signals or signs, especially at crosswalks.

Side-Impact Collisions: Failure to yield the right of way or running a red light often leads to side-impact or “T-bone” collisions, which can be particularly dangerous.

Rear-End Collisions: If a driver unexpectedly disregards a stop sign or red light, other drivers may not have enough time to react, leading to rear-end collisions.

Legal Rights and Representation by Goldman, Babboni, Fernandez, Murphy & Walsh

If you’ve been involved in an accident due to another driver’s failure to obey traffic control devices, you have the right to seek compensation. This could cover medical bills, loss of income, property damage, pain and suffering, and more.

The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh have a extensive knowledge of Florida traffic laws and the legal complexities surrounding these types of accidents. They are committed to holding at-fault drivers accountable for their actions and pursuing the compensation their clients deserve.

The firm collaborates with a team of experts, including medical professionals, accident reconstructionists, and investigators, to build a strong case. Their expertise in dealing with these cases ensures that their clients are well-represented, both in negotiations and in court.

Failure to obey traffic control devices is a serious issue in Florida, contributing to many traffic accidents each year. If you or a loved one has been impacted by such an accident, it is crucial to seek professional legal assistance to understand your rights and potential avenues for compensation. The team at Goldman, Babboni, Fernandez, Murphy & Walsh is prepared to provide the help you need.

Remember, obeying traffic control devices isn’t just a legal requirement—it’s a critical part of keeping our roads safe. Always pay close attention to these devices and follow their instructions. The safety of all road users depends on it.


Failure to Yield Traffic Accidents In Florida Failure to Yield Traffic Accidents In Florida

As an attorney handling auto accident cases in Florida, it’s vital to fully comprehend the implications surrounding ‘Failure to Yield’ incidents. This refers to situations where a driver fails to slow down or stop for another vehicle or pedestrian when required, a violation that has significant consequences on roadway safety and increases the frequency of traffic accidents.

Florida law stipulates distinct scenarios where a driver must yield:

Drivers are mandated to yield to pedestrian workers and flag persons involved in highway maintenance or construction. This requirement is enacted when there are clear indicators of the workers’ presence, such as flag persons, warning signs, or devices.

If a driver intends to make a left turn at an intersection, into an alley, a private road, or a driveway, they must yield the right-of-way to any vehicle approaching from the opposite direction or any vehicle passing on the left of the turning vehicle.

Drivers are also required to yield to buses moving in the same direction that have indicated their intention to rejoin traffic.

When approaching an intersection, drivers should yield the right-of-way to vehicles entering from a different highway.

In the event two vehicles enter an intersection from different highways at the same time, the driver on the left is required to yield to the one on the right.

Before entering a public roadway without a governing traffic control device, drivers should yield to all oncoming traffic.

When approaching a yield sign, drivers must decelerate to a reasonable speed and, if necessary, stop before entering the crosswalk or intersection. Subsequently, they should yield the right-of-way to any vehicle in the intersection or approaching from another direction.

The repercussions for failure to yield violations in Florida are severe. For instance, if a driver is issued a citation for failing to yield in a situation where no accident or injury was caused, they may face a fine of up to $500. However, if the violation results in an accident or injury, fines and penalties substantially increase and the driver may face additional charges such as reckless or careless driving.

Moreover, a failure to yield citation can lead to the suspension of a driver’s license and the addition of four points to their driving record, resulting in elevated insurance premiums.

This report emphasizes the need for motorists to be cognizant of and adhere to yield rules to prevent traffic accidents. Failure to yield not only puts lives at risk but also attracts significant legal and financial ramifications. As an attorney at Goldman,  Babboni, Fernandez, Murphy & Walsh we understand the dynamics involved with failure to yield accidents, and we contribute to ongoing efforts to educate drivers, enforce law compliance, and subsequently improve road safety in Florida.

Failure to yield is a prevalent cause of traffic accidents in Florida, often leading to serious injuries and significant damage. Understanding the importance of yielding the right of way and the consequences of failing to do so can save lives and reduce accidents. There are many implications for failure to yield accidents and the legal rights of those affected.

Failure to Yield Accidents in Florida

In Florida, drivers are required by law to yield the right of way in certain situations, such as at stop signs, yield signs, and when making left turns at intersections. However, many accidents occur when drivers ignore these rules, either due to negligence, distraction, or misunderstanding of the law.

 

Implications of Failure to Yield Accidents

Intersection Accidents: When drivers fail to yield the right of way at intersections, particularly while making left turns, it can lead to serious accidents.

Pedestrian Accidents: Pedestrians are particularly vulnerable to drivers who fail to yield, especially at crosswalks.

Side-Impact and Head-On Collisions: These types of accidents often occur when a driver fails to yield to oncoming traffic or while merging onto highways.

 

Legal Rights and Representation by Goldman, Babboni, Fernandez, Murphy & Walsh

If you’ve been involved in an accident caused by a driver failing to yield the right of way, you may be entitled to seek compensation. This could cover medical expenses, loss of income, property damage, pain and suffering, and more.

The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh are experienced in handling cases involving failure to yield accidents. They understand the nuances of Florida traffic laws and work tirelessly to hold at-fault drivers accountable.

By collaborating with medical professionals, accident reconstructionists, and investigators, the firm is able to build a solid case on behalf of their clients. Their commitment is to ensure that their clients receive the maximum compensation they are entitled to.

Failure to yield is a serious issue in Florida, contributing to a significant number of traffic accidents each year. If you or a loved one has been impacted by such an accident, seeking legal counsel is crucial to understand your rights and potential avenues for compensation. The team at Goldman, Babboni, Fernandez, Murphy & Walsh is ready to provide the help you need.

If you have been injured in an accident by a driver who did not yield the right of way and caused an accident do not fail to contact one of our attorneys waiting for your call at the law firm of Goldman, Babboni, Fernandez, Murphy & Walsh here in Southwest, Florida.

Remember, the rules of the road aren’t just guidelines—they’re laws designed to keep us all safe. Adhering to these rules, including yielding the right of way when required, can significantly reduce the risk of accidents.

 


Establishing Liability For A Fatal Car Accident Establishing Liability For A Fatal Car Accident

As a Florida auto accident attorney at Goldman, Babboni, Fernandez, Murphy & Walsh, understanding the profound impact and the intricate details of fatal car accidents is crucial to effectively representing our clients here in Southwest, Florida. Not only are these incidents personally devastating, leading to the loss of a spouse, parent, or child, but they also bring with them considerable financial burdens including hospital bills and loss of income.

According to the Florida Department of Highway Safety and Motor Vehicles, in 2022, there were over 3,000 fatal car accidents. These accidents mainly fall into three categories:

 

Head-On Collisions: High-speed vehicles colliding head-on or with a stationary object can lead to catastrophic outcomes due to the significant force of impact.

T-Bone Accidents: In these incidents, one vehicle strikes the side of another where there is no bumper to absorb the shock. Seat belts and airbags are designed more for front or rear impacts, making side impacts potentially more dangerous.

Rollovers: This type of accident usually involves a vehicle being forced off the road or down an embankment, causing it to roll over. This can lead to roof collapse, trapping or crushing the occupants, and even ignition of a fire.

When it comes to establishing liability for a fatal car accident, our goal is to prove that the accident was a result of another driver’s negligence, such as wrong-side driving, speeding, distraction, alcohol or drug influence, or fatigue. Alternatively, the liability could fall on the manufacturer in cases where a vehicular defect contributes to the accident. These defects can range from faulty tires, steering malfunctions, brake failures, to ineffective seat belts or airbags.

 

In proving liability, our team at Goldman, Babboni, Fernandez, Murphy & Walsh carries out an extensive investigation process. This includes examining the accident scene, interviewing witnesses, securing footage from surveillance or traffic cameras, obtaining police reports and cell phone records, and enlisting the aid of experts to inspect the vehicle for any defects.

Florida follows a pure comparative fault rule, meaning even if the deceased was partially at fault, recovery is still possible, though the compensation amount will be reduced by the proportion of fault assigned to the deceased.

In understanding the problems and paperwork of fatal car accidents, as well as the latest statistics and regulations, our attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh can better serve our clients. We strive to secure the compensation they deserve following such life-altering losses, supporting them through this challenging time with expert legal guidance and representation.

Fatal car accidents are tragic events that often leave surviving family members with significant emotional and financial burdens.  Florida, unfortunately, experiences a high rate of fatal car accidents each year due to a number of factors, including reckless driving, impaired driving, and failure to obey traffic rules.  

 

Fatal Car Accidents In Florida:

According to the Florida Department of Highway Safety and Motor Vehicles,  thousands of lives are lost each year due to fatal car accidents in the state of Florida.  These accidents can be caused by a variety of factors such as speeding, distracted driving, drunk driving, and failure to yield to right of way.  

 

Impact Of Fatal Car Accidents In Florida:

Emotional Distress:  The emotional impact of a fatal car accident can be severe and often leads to significant emotional trauma for the surviving family members.

Financial Impact:  The financial burden of a fatal car accident can be considerable, including medical expenses, funeral costs, lost of income, and more.

Loss of Companionship:  The death of a loved one can leave a significant predictable loss  of companionship for the surviving family members.

 

Legal Rights and Representation by Goldman, Babboni, Fernandez, Murphy & Walsh

When a fatal car accident occurs, or a loved one is killed due to the negligence of another, the surviving family members may be entitled to file a wrongful death lawsuit.  This claim can potentially help compensate surviving family members for their losses for medical expenses, funeral costs, loss of income, pain and suffering, and loss of companionship.

The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh have over 30 years of experience handling fatal car accident cases in Florida.  They understand the emotional and financial challenges faced from the accident that is placed on a family and strive to ease this burden by pursuing justice and compensation on behalf of their clients.

Fatal car accidents in Florida are a heartbreaking reality for many families.  If you have lost a loved one due to an accident, seeking legal representation is essential.  The team of Goldman, Babboni, Fernandez, Murphy & Walsh is prepared to provide you with the legal support you need during this difficult time.

 


Proving Liability in a Fatal Car Accident in Florida Proving Liability in a Fatal Car Accident in Florida

When it comes to proving liability in a fatal car accident in Florida, there are several legal, and factual considerations that attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh should take into account:

 

Pure Comparative Negligence: Florida follows a pure comparative negligence standard. This means that liability can be allocated amongst multiple parties proportionally to their degree of fault, including the decedent, and damages are reduced accordingly. For example, if the decedent was found to be 10% at fault, the award would be reduced by 10%.

Duty and Breach of Duty: In any negligence case, the plaintiff must demonstrate that the defendant owed a duty of care to the decedent and breached that duty. All drivers owe others on the road a duty of care to drive safely and responsibly.

Causation: It must be shown that the defendant’s breach of duty directly caused the fatal accident. If there were other intervening factors that contributed to the accident, this could complicate the determination of causation.

Damages: Finally, there must be quantifiable damages resulting from the accident. In a fatal car accident, this would typically include things like medical expenses, funeral costs, loss of consortium, and the decedent’s pain and suffering prior to death.

Evidence: Evidence collection is critical in establishing liability. This can include police reports, witness testimonies, photographs from the accident scene, traffic surveillance footage, and expert testimonies (e.g., accident reconstruction experts, medical experts).

 

Statistics Pertaining to Fatal Car Accidents in Florida

High Fatalities: In 2020, according to the National Highway Traffic Safety Administration (NHTSA), Florida reported over 3,000 traffic fatalities.

Pedestrian and Cyclist Fatalities: Florida has often been ranked as one of the most dangerous states for pedestrians and bicyclists. In 2019, NHTSA reported that Florida had the highest rate of cyclist fatalities and was in the top five for pedestrian fatalities.

Alcohol-Related Accidents: A significant proportion of fatal accidents in Florida are alcohol-related. According to NHTSA data, in 2018, about 26% of traffic fatalities in Florida involved a driver with a Blood Alcohol Content (BAC) level of 0.08% or higher, the legal limit.

Elderly Drivers: Florida’s large population of elderly residents contributes to a higher number of fatal accidents involving drivers aged 65 and above compared to other states.




Improper Lane Change Accidents In Florida Improper Lane Change Accidents In Florida

Improper Lane Change Accidents in Florida: Legal Considerations and Implications

Improper lane changes represent one of the major causes of auto accidents on Florida’s roadways. They often result in sideswipe accidents, rear-end collisions, or even multi-vehicle crashes, leading to significant property damage, injury, or fatality. As a Florida auto accident attorney, understanding the legal considerations and implications of such accidents is essential.

 

Legal Aspects of Improper Lane Change

Florida traffic law (Florida Statute 316.085) requires drivers to ensure that the lane change is safe before executing it. The statute mentions that the driver must give an appropriate signal, not move from the lane until they’ve verified that it can be completed safely, and not operate the vehicle in a manner that will affect other vehicles.

When a driver violates this statute and an accident occurs, they can be held liable for negligence. To prove negligence, it’s necessary to establish:

Duty of Care: Every driver has a legal obligation to drive safely and avoid causing harm to others on the road.

Breach of Duty: The driver breached this duty by making an improper lane change.

Causation: The driver’s breach of duty directly caused the accident.

Damage: The accident resulted in injury or property damage.

 

Role of an Auto Accident Attorney in Improper Lane Change Accidents

As an attorney handling such cases, our role involves:

Investigating the Accident: An in-depth investigation will typically include gathering evidence from the accident scene, obtaining and analyzing police reports, interviewing witnesses, and securing any available video footage from traffic cameras or nearby surveillance systems.

Determining Liability: After collecting the evidence, we will establish the liability of the other driver by demonstrating how their improper lane change violated their duty of care and directly led to the accident.

Negotiating with Insurance Companies: Often, the at-fault driver’s insurance company may try to deny the claim or minimize the payout. Our role is to negotiate with them, ensuring that your client receives fair compensation for their losses.

Filing a Lawsuit: If negotiations do not yield satisfactory results, our lawyers will file a lawsuit and present your case in court.

 

Potential Damages

Victims of improper lane change accidents can pursue damages that include:

Medical Expenses: This can cover present and future medical costs related to injuries sustained in the accident.

Lost Wages: If the victim had to miss work due to their injuries, they can claim compensation for lost income.

Pain and Suffering: This compensates the victim for physical discomfort and emotional distress resulting from the accident.

Property Damage: This covers the costs to repair or replace damaged vehicles or other property.

Handling improper lane change accidents in Florida requires a comprehensive understanding of the state’s traffic laws, skill in investigation, proficiency in negotiations, and expertise in litigation. At Goldman, Babboni, Fernandez, Murphy & Walsh our goal is to ensure our clients’ rights are upheld and they receive the compensation they are entitled to.

 


When Executing An Improper Turn Results In An Accident When Executing An Improper Turn Results In An Accident

As attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, we understand the distinct scenarios and legal implications of various types of auto accidents, such as improper turn accidents. In Florida, these accidents are all too common and can often result in significant injuries and property damage.

Understanding Improper Turn Accidents

Florida’s roads and highways are filled with turns, junctions, and intersections. While most drivers navigate these areas with caution and respect for traffic laws, some unfortunately do not. When drivers execute improper turns, serious accidents can occur. This can involve illegal U-turns, turns without proper signaling, or turning from the wrong lane.

The Florida Statute 316.122 states, “No vehicle shall turn to enter a private road or driveway, otherwise turn from a direct course or move right or left upon a highway unless and until such movement can be made with reasonable safety, and then only after giving an appropriate signal.”

Legal Considerations in Improper Turn Accidents

If a driver violates this statute, resulting in an accident, they may be held liable for negligence. To successfully establish negligence, the following elements must be demonstrated:

Duty of Care: All drivers owe a duty of care to others on the road to drive safely and follow traffic laws.

Breach of Duty: A driver breaches this duty by making an improper turn.

Causation: The breach of duty directly caused the accident.

Damage: The accident resulted in harm or damage to the victim.

 

How a Attorney can help in Improper Turn Accidents

As attorneys handling improper turn cases, our responsibilities include:

Investigating the Accident: Collect and analyze evidence, such as police reports, eyewitness testimonies, and any available camera footage to establish how the accident occurred.

Determining Fault: Prove the other driver’s liability by demonstrating how their improper turn led to the accident.

Negotiating with Insurance Companies: Ensure you receive fair compensation by negotiating with the insurance company of the at-fault driver.

Representing in Court: If negotiations aren’t fruitful, be prepared to take the case to court.

 

Damages in Improper Turn Accidents

Victims can pursue several types of damages, including:

Medical Expenses: This includes current and future medical costs related to the accident.

Lost Wages: If the victim had to take time off work, they could be entitled to compensation for lost income.

Pain and Suffering: This covers physical pain and emotional distress caused by the accident.

Property Damage: This covers the cost of repairing or replacing the damaged vehicle.


Most Common Type Of Accident A Left Turn Accident Most Common Type Of Accident A Left Turn Accident

Left Turn Accidents In Florida:  What You Need to Know

In Florida, one of the most common types of traffic accidents is a left turn accident.  These accidents can result in significant injuries and damages, due to the potential for high-speed, head-on, and side-impact collisions.  As an auto accident attorney at Goldman, Babboni, Fernandez, Murphy & Walsh, we know how devastating these accidents can be for our clients.

If a driver does not yield appropriately and an accident occurs, they can be held liable for negligence.

By default, it’s generally assumed that accidents occurring during left turns are caused by the driver who made the left turn. This presumption is built into Florida law. Florida statute 316.151 stipulates that a driver intending to turn left should approach the intersection in the extreme left-hand lane that is in the direction they’re going. Upon entering the intersection, the driver should adhere to the expected travel lane. Whenever feasible, the left turn should be made to the left of the center of the intersection.

 

The Reasons Behind Left Turn Accidents

Traffic laws typically favor the following situations:

Vehicles moving straight ahead

Vehicles making a right turn

Left turns are perceived as hazardous since drivers making left turns need to process a wealth of information. Accidents involving left turns are more frequent than those with right turns. This is due to the fact that cars making left turns need to cross paths with vehicles on their left. In a two-lane intersection going in all directions, a car turning left must pay attention to:

  • The left lane on their side of the traffic
  • The left lane on the opposite side of the traffic
  • The left lane of the intersecting route
  • The right lane of the intersecting route

A car making a right turn only needs to concentrate on the right lane of the intersecting route. This makes left turns more dangerous because the driver must process information from four different perspectives.

It’s not just drivers who are put at risk when a car turns left – pedestrians and cyclists are also endangered. At all intersections, drivers should allow walkers and cyclists to safely cross the crosswalk before proceeding.

 

A Significant Exception

There’s a noteworthy exception to the rule in the case of left turn accidents. If the intersection features a left-turn only sign, drivers who are turning left on a green light generally have the right of way.

Left turn accidents in Florida can be complex and require a thorough understanding of traffic laws and an ability to effectively establish negligence. As a lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh, your goal is to protect your rights and ensure they receive the compensation they deserve.

 


Loose Objects And Debris Accidents In Florida Loose Objects And Debris Accidents In Florida

Loose Objects and Debris on Florida Roads: Potential Hazards and Legal Ramifications

As a Florida auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, it’s essential to be aware of the different causes of road accidents, including those caused by loose objects and debris on the roads. These hazards, often overlooked, can lead to severe accidents, causing substantial damages and injuries.

Causes of Debris-Related Accidents

Loose objects and debris on the road can originate from various sources such as:

Unsecured Cargo: This includes improperly secured loads on commercial trucks or personal vehicles, where items can fall off and create hazards for other motorists.

Road Construction and Maintenance: Materials or equipment from road work can sometimes be left behind, presenting a risk for drivers.

Natural Debris: Inclement weather can bring down tree branches or blow other objects onto the road.

Vehicle Parts: Mechanical failures or previous accidents can result in vehicle parts like tires, mufflers, or car bumpers being left on the road.

 

Consequences of Debris-Related Accidents

Objects on the road can lead to accidents in several ways, such as:

Direct Collision: Vehicles may collide directly with the debris, causing damage to the vehicle and potentially injury to its occupants.

Evasive Maneuvers: Drivers may swerve or brake suddenly to avoid hitting the object, causing collisions with other vehicles or roadside objects
.
Secondary Debris: Striking an object can cause it to become airborne, creating a hazard for other drivers.

When accidents occur due to debris on the road, determining liability can be complex. Parties that could be held liable include:

Drivers or Companies: If the debris came from unsecured cargo, the driver or the company responsible for securing the load might be liable.

Government Agencies: If the debris was a result of poor road maintenance, government agencies responsible for road upkeep could be held accountable.

Auto Repair Shops: If a car part broke off due to faulty repair or maintenance, the auto repair shop could be held liable.

As attorneys for Florida auto accidents we will follow these steps:

Investigating the Source: Determining where the debris came from is crucial for establishing liability.

Proving Negligence: Once the source is identified, we will prove that the responsible party was negligent in allowing the debris to be on the road.

Assessing Damages: Establish the extent of the damages incurred to you as a result of the accident.

Negotiating Compensation: Work to obtain fair compensation for your damages, whether through a settlement or in court.


Multiple Vehicle Collisions Are Devastating In Florida Multiple Vehicle Collisions Are Devastating In Florida

In the world of auto accidents, multiple vehicle collisions or pile-ups can be some of the most complex and devastating incidents to handle. As a Florida auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, we understand these complex situations and can represent you effectively in multiple vehicle collision cases.

Understanding Multiple Vehicle Collisions

Multiple vehicle collisions, also known as chain-reaction accidents or pile-ups, occur when more than two vehicles are involved in a series of accidents. These accidents are typically triggered by one initial collision that sets off a domino effect, leading to subsequent crashes.

 

Causes of Multiple Vehicle Collisions

These accidents can be caused by various factors such as:

Adverse Weather Conditions: Rain, fog, or other inclement weather can decrease visibility and make roads slippery, leading to multiple collisions.

High-Speed Highways: On highways where cars are traveling at high speeds, one mishap can quickly result in a multi-vehicle collision.

Tailgating: Drivers following too closely may not have enough time to stop, resulting in a rear-end collision that can trigger a pile-up.

Distracted Driving: Any distraction can lead to delayed reactions, increasing the likelihood of a chain-reaction accident.

 

Legal Complexity of Multiple Vehicle Collisions

Multi-vehicle accidents can be legally complex due to the difficulty of determining fault. In Florida, which follows a pure comparative negligence rule, each party can be held responsible for their portion of the fault. This means that an individual can recover damages even if they were 99% at fault, although their recovery will be reduced by their degree of fault.

 

Attorney Responsibilities in Multiple Vehicle Collisions

Investigating the Accident: Collect all necessary evidence, such as police reports, eyewitness testimonies, and photos of the accident scene.

Determining Fault: This can be challenging in multiple vehicle collisions, but is essential for building your case. We may work with accident reconstruction experts to establish the sequence of events.

Negotiating with Multiple Insurance Companies: Each driver involved in the accident will likely have their own insurance company, and we will need to negotiate with each of them to achieve the best possible outcome for you.

Litigation: If a satisfactory settlement cannot be reached, we will be prepared to represent you in court.

Dealing with multi-vehicle collisions requires a attorney with experience about Florida traffic laws, sharp investigative skills, and a capacity to negotiate with multiple parties. As an attorney at Goldman, Babboni, Fernandez, Murphy & Walsh, our role is to investigate these complex situations and be an advocate for your best interests.


Understanding Uninsured Motorist Claims in Florida Understanding Uninsured Motorist Claims in Florida

Florida is a no-fault insurance state, and all drivers are required by law to carry a minimum amount of insurance. However, not all drivers adhere to these laws, which can complicate matters in the event of an auto accident.

No-Fault Insurance in Florida

In Florida, all motor vehicle owners are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) coverage. PIP covers the driver’s own injuries regardless of who is at fault for the accident. PDL covers damages caused to other people’s property in an accident.

Uninsured and Underinsured Motorists

Despite these requirements, many drivers in Florida are uninsured or underinsured. According to the Insurance Information Institute, in 2019, Florida had one of the highest rates of uninsured drivers in the United States, with 20.4% of drivers not having insurance.

If you have been involved in an accident with an uninsured or underinsured driver, they may have to rely on their own insurance to cover medical expenses and property damage, which can lead to increased premiums.

Uninsured Motorist Coverage

To protect against such situations, drivers can opt for uninsured motorist coverage (UM), which is not mandatory in Florida. UM, coverage can be utilized if the at-fault party does not have insurance or does not have enough insurance to cover the damages resulting from an accident. This type of coverage also protects in the case of hit-and-run incidents.

Steps To Winning Your Uninsured Motorist Claim in Florida

Investigating the Accident: Our attorneys will gather all relevant evidence, such as police reports, eyewitness testimonies, and photos of the accident scene.

Working with Insurance Companies: We will Negotiate with your insurance company to ensure you receive the full benefits your policy.

Pursuing a Lawsuit: If the uninsured driver is at fault, it might be necessary to pursue a lawsuit against the individual to recover damages. However, it’s important to bear in mind that if the driver couldn’t afford insurance, they might not have the financial means to pay damages.

Advising on Future Protection: Counsel your clients on the benefits of UM coverage to protect against future incidents involving uninsured or underinsured drivers.

Our attorneys understand the details involved with cases involving uninsured or underinsured motorists coverage in Florida for our clients. We can assist you if you have been injured in a car accident involving an uninsured or underinsured motorist.


Passengers involved in motor vehicle accidents In Florida Passengers involved in motor vehicle accidents In Florida

Passengers involved in motor vehicle accidents often find themselves in complex situations, as they are typically not at fault for the accident, but have suffered injuries as a result. As a Florida auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, we understand the rights of these passengers in order to effectively represent them.

 

Rights of Passengers in Florida

Passengers in Florida who are injured in a car accident have the same rights to recover damages as the driver. These damages can include compensation for medical expenses, lost wages, and pain and suffering.

A significant advantage for passengers is that they are rarely, if ever, considered at fault for an accident. As a result, they can often seek compensation from multiple sources, including:

The Driver of Their Vehicle: If the driver of the car the passenger was in is at fault, the passenger can make a claim against the driver’s insurance.

The Driver of the Other Vehicle: If the other vehicle’s driver is at fault, the passenger can file a claim against that driver’s insurance.

Uninsured/Underinsured Motorist Coverage: If the at-fault driver doesn’t have insurance, or if their coverage is insufficient, the passenger can file a claim under their own uninsured/underinsured motorist policy, if they have one.

 

Florida’s No-Fault Law and PIP Benefits

Florida follows a no-fault insurance system, which means that in the event of an accident, each party’s Personal Injury Protection (PIP) coverage pays for their own medical expenses up to the limit of the policy, regardless of who was at fault for the accident. As a passenger, you are also covered under the PIP coverage, and typically, this would be the PIP coverage of the vehicle you were in at the time of the accident.

As accident attorneys, we represent passengers involved in car accidents in Florida

Identifying Sources of Compensation: Identify all potential sources of compensation for you and help you file the necessary insurance claims.

Negotiating with Insurance Companies: Many insurance companies attempt to minimize payouts. We will ensure that you receive a fair settlement.

Filing a Lawsuit, if Necessary: If a satisfactory settlement cannot be reached, it may be necessary to file a lawsuit on your behalf.

Counseling and Advocacy: Provide advice and counsel for you throughout the process, and advocate for your rights and interests.

In representing passengers involved in motor vehicle accidents in Florida, our primary goal as Florida accident attorneys is to ensure that you receive the full and fair compensation to which you are entitled. 


Critical Information for those who have had a Rear-End Collision in Florida Critical Information for those who have had a Rear-End Collision in Florida

Rear-end Collisions are the most common type of auto accident in Florida. As auto accident attorneys we understand the unique challenges you may face if you have been injured in a Florida rear-end collision.

In the majority of rear-end collisions cases in Florida, the driver of the trailing vehicle is presumed to be at fault. This presumption is based on the legal requirement that motorists must maintain a safe following distance from the vehicle in front of them and allow sufficient time and distance to react and stop if the leading vehicle slows, stops or breaks suddenly.

However, there may be circumstances where the driver of the leading vehicle may be held partially or entirely at fault for the accident. For instance, if the leading vehicle’s brake lights were not functioning properly, or the driver made an abrupt and unexpected stop, they could share some of the fault for the accident.

The Role of Comparative Negligence in Florida

Florida operates under the pure comparative negligence doctrine. This means that if a party is partially at fault for an accident, their recovery is reduced by their percentage of fault. As such, in rear-end collision cases where the front driver shares some of the blame, the compensation they receive will be adjusted according to their proportion of fault.

Florida’s No-Fault Insurance Law and PIP Coverage

Florida is a no-fault insurance state. This means that each driver’s Personal Injury Protection (PIP) coverage is the first resource for paying for medical expenses and lost wages, regardless of who was at fault for the accident. The PIP coverage typically has a limit of $10,000.

However, if your injuries meet the “serious injury” threshold defined by Florida law, which includes significant and permanent loss of a bodily function, permanent injury, significant and permanent scarring or disfigurement, or death, you may step outside the no-fault system and sue the at-fault driver for additional damages.

In representing passengers involved in rear-end collision accidents in Florida, our primary goal as Florida accident attorneys is to ensure that you receive the full and fair compensation to which you are entitled.


Reckless driving accidents are a serious matter in Florida Reckless driving accidents are a serious matter in Florida

Reckless driving accidents are a serious matter in Florida, often resulting in severe injuries and substantial property damage. Lawyers of Goldman, Babboni, Fernandez, Murphy & Walsh, understanding the legal aspects and consequences of such cases and will be a vital advocate for your case.

What Constitutes Reckless Driving in Florida?

Under Florida law, reckless driving is defined as driving any vehicle in willful or wanton disregard for the safety of persons or property. This may include, but is not limited to, excessive speeding, tailgating, illegal overtaking, running red lights, aggressive driving, distracted driving, and impaired driving.

Criminal and Civil Consequences

Reckless driving is a criminal offense in Florida, with penalties ranging from fines to imprisonment depending on the severity of the incident and whether it’s a first or subsequent offense. If the reckless driving caused serious bodily harm or death, it can be charged as a third-degree felony.

From a civil perspective, victims of reckless driving accidents can file a personal injury lawsuit against the reckless driver to recover damages. Florida follows the doctrine of comparative negligence, meaning the victim’s compensation may be reduced by their percentage of fault, if any.

Pursuing a Claim for Damages

Our Attorneys will represent you in a reckless driving accident if you or a loved one has been injured of suffered from another party’s negligence.

Medical Expenses: This includes all medical costs related to the accident, such as emergency room visits, surgery, rehabilitation, medication, and future medical care.

Lost Wages: If you have missed work due to your injuries, you are entitled to compensation for the wages you lost during that time.

Pain and Suffering: These non-economic damages will compensate you for your physical pain, mental anguish, loss of enjoyment of life, and other emotional harm.

Punitive Damages: In some cases involving reckless driving, punitive damages may be awarded to punish the defendant for their egregious behavior and deter similar conduct in the future.

Our attorneys will work for you to gather evidence, such as police reports, traffic camera footage, and eyewitness accounts, to establish the other driver’s reckless behavior. We will also need to negotiate with insurance companies, file the necessary legal paperwork, and represent you in court if necessary.

Remember, in Florida, the statute of limitations for filing a personal injury lawsuit is four years from the date of the accident. As your legal representative we will ensure all legal proceedings are initiated within this timeframe.

A reckless driving accident case can be complex, but as attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, we will guide you through this challenging time and strive for the justice you deserve.


Red Light Accidents Lead To Serious Injuries In Florida Red Light Accidents Lead To Serious Injuries In Florida

Red light accidents can be quite serious, leading to severe injuries and property damage. As legal professionals at Goldman, Babboni, Fernandez, Murphy & Walsh we represent victims of red light accidents in Florida. We understand the laws and regulations surrounding red light accidents and will make sure you are fully compensated for any damages that may have resulted from your accident.

 

Florida Traffic Rules And Red Light Violations

Florida traffic laws mandate that drivers must stop at all red lights at intersections. Running a red light is a moving violation and is considered illegal. If an accident occurs because of a driver failing to stop at a red light, the offending driver will be held liable for damages and be presumed to be at fault for the accident.

 

Liability And Comparative Negligence

Florida operates under a comparative negligence system, which means that more than one party may be held responsible for an accident. For instance, if the other driver ran a red light and was negligent but the injured victim of the accident was speeding, both parties may be held liable for damages.

If you have been injured in a red light accident due to the negligence of another driver, you may be entitled to compensation for damages.

Medical expenses: All costs related to medical care, including future treatment and rehabilitation.

Lost wages: Compensation for lost earnings due to missed work and potential future loss income due to disability.

Property damage: Reimbursement for repairs or replacement of your vehicle or other damaged property.

Pain and Suffering: Compensation for physical pain and emotional distress, and decreased quality of life.

 

No-Fault Law and PIP Coverage

Florida is a no-fault state, which means each driver’s personal injury protection (PIP) insurance coverage will initially cover their own injuries, regardless of who was at fault. However, if the injuries meet the state’s “serious injury” threshold, the victim of a red light accident may pursue further damages from the at-fault party.

It’s essential to stay aware of the statute of limitations in Florida, which is two years from the date of the accident for personal injury cases. We will ensure all claims are filed within this timeframe to secure the justice you deserve for your injuries.


Rollover Crashes Are Deadly In Florida Rollover Crashes Are Deadly In Florida

Rollover car accidents are among the most dangerous and deadly types of motor vehicle accidents. The unique dynamics involved in these accidents often lead to serious injuries and even fatalities. As an attorney at Goldman, Babboni, Fernandez, Murphy & Walsh, we understand the specifics of rollover car accidents and will effectively represent you if you have been injured in this type of accident.

 

What is a Rollover Car Accident?

A rollover car accident occurs when a vehicle flips over onto its side or roof. These accidents can be caused by various factors, including excessive speed, sharp turns, collisions, and vehicle type (e.g., SUVs and trucks are more prone to rollovers due to their higher center of gravity).

 

Florida Law and Rollover Accidents

Like other traffic accidents, liability for rollover car accidents in Florida is determined based on negligence. The party who failed to exercise a reasonable standard of care and caused the accident will be held liable for damages. Evidence such as police reports, accident scene photos, eyewitness testimonies, and expert opinions can be crucial in establishing negligence.

Injuries and Damages

Rollover accidents often result in severe injuries like traumatic brain injuries, spinal cord injuries, fractures, and in extreme cases, fatalities. As such, victims may be eligible to recover significant damages. This can include medical bills, rehabilitation costs, loss of income, loss of earning capacity, pain and suffering, and property damage.

In the unfortunate event of a fatality, the decedent’s family may be able to pursue a wrongful death claim to recover damages for funeral and burial expenses, loss of companionship, and loss of future income.

As an attorney at Goldman, Babboni, Fernandez, Murphy & Walsh we handle rollover car accident cases, and will gather and preserve evidence, determine liability, negotiate with insurance companies, and, if necessary, litigate your case in court. We will also accurately calculate your damages, considering both current and future costs.

Florida follows a no-fault insurance system, so their Personal Injury Protection (PIP) insurance will cover your initial medical expenses and a portion of lost wages, regardless of who was at fault. However, if your injuries meet the state’s “serious injury” threshold, you can pursue additional compensation from the at-fault party.

Also, remember that Florida has a two-year statute of limitations for filing personal injury claims, and it’s essential to initiate proceedings within this period.

Rollover accidents can be complex due to the nature of the accidents and the severity of the injuries involved. As a representative of Goldman, Babboni, Fernandez, Murphy & Walsh, our expertise and diligence will secure the best possible outcome for you.


Stop Sign Running Leads To Traffic Accidents In Florida Stop Sign Running Leads To Traffic Accidents In Florida

Stop sign running is a dangerous driving behavior that frequently results in serious traffic accidents. As a personal injury attorney at Goldman, Babboni, Fernandez, Murphy & Walsh, we understand the legal implications of these types of accidents and can represent you if you were injured due to a driver who ran a stop sign.

Florida Law on Stop Signs

Florida statutes require drivers to come to a complete stop at a stop sign. The stop should occur at the marked stop line, before entering a crosswalk, or at the point nearest to the intersecting roadway. Failure to abide by these rules constitutes a moving violation, which is subject to fines, points on the driver’s license, and even criminal charges if the violation leads to serious bodily harm or death.

Implications of Stop Sign Running

Fault and Liability: In Florida, a driver who runs a stop sign and causes an accident is generally considered at fault and liable for the resulting damages. This could lead to higher insurance premiums and even a possible license suspension for repeated violations.

Criminal Consequences: If a driver runs a stop sign and causes serious injury or death, they can be charged with a felony offense, which can result in jail time and substantial fines.

Civil Consequences: An at-fault driver may be sued by the injured party for damages. These damages can include medical expenses, lost wages, property damage, and non-economic damages like pain and suffering.

Comparative Negligence in Florida

Florida operates under a comparative negligence system. Even if you were partially at fault for the accident, you can still seek compensation. However, your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault, your compensation will be reduced by 20%.

Personal Injury Protection (PIP)

Florida is a no-fault state. This means that after an accident, each driver’s Personal Injury Protection (PIP) insurance coverage pays for their own medical bills and lost wages up to a certain limit, regardless of who caused the accident. However, if your injuries meet the state’s serious injury threshold, you can seek additional compensation from the at-fault driver.

As attorneys, we will negotiate with insurance companies, or if necessary, litigate your case in court.

Remember, the statute of limitations for filing a personal injury lawsuit in Florida is four years from the date of the accident. Therefore, it’s crucial to initiate legal action in a timely manner to secure justice for you at Goldman, Babboni, Fernandez, Murphy & Walsh.


Side Impact Accidents Are The Most Severe Type Of Accident In Florida Side Impact Accidents Are The Most Severe Type Of Accident In Florida

Side impact accidents, also known as T-bone or broadside collisions, are one of the most severe types of car accidents. As an attorney at Goldman, Babboni, Fernandez, Murphy & Walsh, we understand the dynamics, legal implications, and potential damages of these types of accidents and the devastation they cause.

Understanding Side Impact Accidents

Side impact accidents typically occur at intersections when one vehicle crashes into the side of another. This type of accident can lead to significant injuries due to the lack of protection on the sides of a vehicle compared to its front or rear. Common causes include drivers running red lights or stop signs, failing to yield, or making unsafe left turns.

Liability and Comparative Negligence in Florida

Determining liability in side impact accidents often revolves around which driver had the right of way. Florida law uses a comparative negligence system, meaning each party can be assigned a percentage of fault. Even if your client is partially at fault, they can still recover damages. However, the recovery amount will be reduced by their degree of fault.

Side-impact crashes, often referred to as T-bone or broadside collisions, can lead to severe, sometimes even fatal, injuries. The sudden, unanticipated nature of these accidents often leaves drivers unprepared to respond, resulting in a direct strike to their vehicle. The proximity of the impact to the driver may result in significant injuries, such as fractures or head trauma. As reported by the Insurance Institute for Highway Safety (IIHS), side-impact collisions contributed to 23% of passenger fatalities in 2020.

To minimize the risk of these severe accidents, several preventative strategies can be adopted, including:

Practicing defensive driving skills to anticipate potential hazards

Maintaining a safe distance from other vehicles

Adhering strictly to speed limits

Avoiding rushing through traffic signals

Regular vehicle maintenance to ensure optimal performance

After a side-impact collision, there are key steps to follow. First, ensure the well-being of all involved parties and communicate with the other driver. Next, move vehicles out of traffic, if possible, and contact the police to report the accident.

To further understand the aftermath of a car accident, you should familiarize yourself with the procedures such as how to accurately describe the accident to law enforcement, how to exchange information with the other driver(s), the importance of photographing the scene and your vehicle’s damages, and how to initiate the insurance claims process. As a Florida auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh we will guide you throughout the legal process and help you obtain the compensation you deserve for your injuries and losses.


Tailgating Accidents Are Prevalent On Florida Roadways Tailgating Accidents Are Prevalent On Florida Roadways

Tailgating, or following another vehicle too closely, is a prevalent issue on Florida roads. As a Florida auto accident attorney, it’s essential to be well-informed about the various aspects of tailgating incidents and the legal implications surrounding them.

By definition, tailgating is a dangerous driving behavior that violates Florida traffic laws. According to Florida statute 316.0895(1), drivers must maintain a safe and reasonable distance from the vehicle in front of them, considering the speed of the vehicles, traffic, and existing conditions. Failing to maintain such distance may result in rear-end collisions, which are one of the most common types of accidents in Florida.

When it comes to tailgating accidents, determining liability is usually straightforward. The driver who was tailgating is often held accountable for the collision. This is primarily because they have violated the state’s safe distance statute and thereby acted negligently. However, there could be exceptions if the front driver acted recklessly, such as sudden braking without a cause or failing to maintain their vehicle’s brake lights.

The severity of injuries in a tailgating accident can vary, often depending on the speed of the vehicles involved. It’s not uncommon for victims of these accidents to suffer from whiplash, spinal injuries, head trauma, or other severe injuries. In some cases, these injuries can have long-lasting or permanent effects, leading to extensive medical bills, lost wages, and pain and suffering.

As an attorney, at Goldman, Babboni, Fernandez, Murphy & Walsh we will help you to navigate the complex process of filing a personal injury claim. Our expertise and understanding of Florida’s laws will ensure that the rights of our clients are protected and that they are able to pursue the compensation they deserve.

Given the prevalence of tailgating accidents in Florida, raising awareness about the dangers of following too closely and the legal implications of tailgating is essential.


Florida Auto Accident Attorney- Texting while driving accidents in Florida Florida Auto Accident Attorney- Texting while driving accidents in Florida

Texting while driving is a serious problem in the state of Florida and is a leading cause of car accidents. Florida law enforcement and our courts take a strong stance against texting while driving due to the dangers it poses to drivers and passengers alike.

 

Risks of Texting While Driving in Florida

Texting while driving increases the risk of having an accident by 23 times compared to driving without distraction, according to the National Highway Traffic Safety Administration. It diverts attention from the road, slows reaction times, and impairs decision-making abilities. Texting while driving is a form of negligence, and those who text while driving in Florida may be held liable for any injuries or damages they cause in a car accident.

 

Florida Law on Texting While Driving

Florida Statute 316.305, known as the “Florida Ban on Texting While Driving Law”, makes it illegal for drivers to manually type or enter multiple letters, numbers, symbols, or other characters into a wireless communications device or to send or read data for non-voice interpersonal communications including texting, emailing, and instant messaging. Drivers caught violating this law may face fines and points on their license, but more significantly, if they cause an accident, they could be liable for personal injury or wrongful death.

If you have been injured in a car accident due to a texting driver, you need a dedicated and experienced auto accident attorney to represent you. As your attorney we will fight to ensure that you receive maximum compensation for your injuries. We will take the following steps:

Investigate your accident: We will thoroughly review all aspects of your accident, including phone reports, witness statements, and phone records to determine evidence of texting while driving.

Handle Insurance Companies: Dealing with the insurance company after a car accident can be complex and frustrating. We will handle all negotiations with the insurance company to ensure that you get the compensation you deserve.

Litigate your case: If a fair settlement cannot be reached, we are prepared to take your case to court. We will present a compelling case to the jury, showing how the other party’s negligence has caused you harm.

Calculate damages: We will ensure all potential damages are considered, including medical expenses, lost wages, pain and suffering, and more.

No one should have to suffer because of another driver’s careless decision to text while driving. If you’ve been injured due to such negligence, you don’t have to face the aftermath alone. Contact us today for a free consultation and let us guide you through the legal process, striving to secure the compensation you are entitled to under the law.


Flat Tire Blowouts Lead to Accidents In Florida Flat Tire Blowouts Lead to Accidents In Florida

It’s a common sight to see fragments of blown-out tires scattered along the highway. While these may seem like mere road debris to most, they serve as a stark reminder of the dangers posed by tire blowouts – a leading cause of vehicular accidents in the U.S. According to the National Highway Traffic Safety Administration, over 75,000 accidents annually are attributed to tire blowouts.

Root Causes of Tire Blowouts

Tire failures are often abrupt and unexpected, with a variety of underlying causes including:

Potholes
Sharp debris leading to large cuts or small punctures in the tire
Defective wheels and tires
Vehicle overload
Various environmental factors

Unlike an engine warning light, tire blowouts rarely provide a forewarning. One moment, you’re cruising down the highway, the next, you’re grappling with your steering wheel following a loud, jarring pop. This unpredictability underscores the importance of regular tire maintenance for road safety.

The Expectation for Florida Drivers: Tire Maintenance

Regular maintenance is the key to reliable performance. Tires are often overlooked until a problem arises. Every driver has the responsibility of ensuring that their tires are in safe condition, not only for their own safety but for the safety of all road users.

A quick visual check of your tires each day can help spot any changes. Regular tire inspections and rotations are crucial to maintaining their condition. For more on tire care, refer to the comprehensive Guide to Tire Safety and Maintenance from the NHTSA.

Accidents from Another’s Neglected Tires

You can control the maintenance of your tires, but you have no control over how well other drivers maintain theirs. If a tire blowout from another vehicle leads to an accident involving you, you may have a personal injury claim against the at-fault driver.

Florida law expects drivers to act as a ‘reasonably prudent person’. That means maintaining their vehicle and ensuring their tires are in safe, working order. If the driver has neglected these duties, they may be considered negligent and may be required to compensate you for any damages.

Determining Liability in Tire Blowout Cases

Liability in a tire blowout accident is not always straightforward and can be contingent upon numerous factors. If a driver has maintained their tires properly but encounters a road debris-caused blowout, they may not be liable. Determining negligence requires a careful review of the events leading to the blowout.

The age of the tires, their manufacturer, the installer, and other factors can also come into play. For example, a driver with a well-maintained but old set of tires might be considered negligent, while a driver with a newly installed set of faulty tires may not be at fault, with the liability falling on the installer or manufacturer.

Establishing driver negligence requires strong, admissible evidence demonstrating that the at-fault driver was aware or should have been aware of the impending danger.

What to Do After a Tire Blowout Accident in Florida?

If you’re involved in an accident caused by another driver’s tire blowout, follow these steps:

Identify the Cause: Try to ascertain why the tire blew out. Note down anything you recall about the driver and their vehicle.

Photograph the Scene: Capture images of both vehicles, the scene, and if possible, the cause of the tire’s failure. If you didn’t take photos at the accident scene, reach out to witnesses to see if they did.

Seek Legal Counsel: If you’re injured or your car is damaged, contact a Florida personal injury lawyer. Providing them with as much evidence and details as possible can increase your chances of proving negligence and winning

Flat tire accidents can be sudden, unexpected, and catastrophic. As a Florida auto accident attorneys with years of experience handling a wide variety of accident cases, we understand what is needed for legal documents that arise when dealing with flat tire accidents.

Understanding Flat Tire Accidents in Florida

A flat tire can lead to an accident in a variety of ways. It can cause the driver to lose control of the vehicle, especially if traveling at high speeds. Additionally, a sudden flat tire can cause other drivers to react unpredictably, leading to multi-vehicle accidents.

Potential Causes and Liabilities in Flat Tire Accidents

Flat tire accidents can be caused by a number of factors, including:

Manufacturer Defects: Sometimes, the tire itself is the problem. Faulty design or manufacturing defects can cause a tire to blow out unexpectedly. If this is the case, the tire manufacturer may be held liable for any accidents resulting from the defective product.

Road Conditions: Poorly maintained roads, debris, or hazardous conditions can cause a tire to go flat and, as a result, cause an accident. In these cases, the city or state, private property owner, or construction company may be held accountable for the accident.

Improper Maintenance: Failing to properly maintain a vehicle’s tires, including not regularly checking tire pressure or using worn-out tires, can lead to accidents. If a vehicle owner or maintenance service has been negligent in maintaining a vehicle, they may be held liable for any accidents that occur.

How We Can Assist in your flat tire accident:

As your Florida auto accident attorney, we can provide a wide array of services to help you navigate the paperwork of a flat tire accident:

Investigation: We can conduct a thorough investigation of your accident, working with experts as necessary to establish the cause of the flat tire and identify the responsible parties.

Representation: We can represent you in all dealings with insurance companies, helping to ensure that you receive the compensation you are entitled to under your policy.

Litigation: If necessary, we can bring a lawsuit against the responsible party or parties, seeking compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Flat tire accidents can be complex and stressful, but you don’t have to navigate this alone. If you or a loved one has been injured in a flat tire accident in Florida, contact us today for a free consultation. We will provide the dedicated and effective legal representation you need during this challenging time.


Experienced Florida Auto Accident Attorney for Uber And Lyft Accidents Experienced Florida Auto Accident Attorney for Uber And Lyft Accidents

Have you encountered an accident involving Uber or Lyft in Florida? The rise of ride-sharing apps has revolutionized the transportation industry, offering a convenient way for locals and visitors alike to navigate the region. Unfortunately, the safety risks with Uber and Lyft drivers are no less than any other motorist, implying that the likelihood of getting involved in a ride-sharing accident is equivalent to any regular driving scenario.

Determining who’s at fault in an Uber or Lyft accident can be complicated, irrespective of whether you were the passenger or another driver. If you’ve suffered injuries in an Uber or Lyft accident in Florida, consulting a skilled and knowledgeable attorney in ride-sharing accidents is critical. A devoted attorney specializing in Uber and Lyft accidents can aid you in establishing liability and pursuing rightful compensation for your personal injury claim.

 

REACH OUT TO OUR SKILLED UBER & LYFT ACCIDENT ATTORNEYS

An Overview of Uber and Lyft

Uber has rapidly become a leading choice for personal transportation since its inception in 2009. Uber’s revolutionary platform uses a mobile application that allows riders to enter their pick-up location and destination, and then pairs them with the nearest available driver. The rider can view their assigned driver’s details including the vehicle make and model, as well as the driver’s rating. The entire payment process, inclusive of tips, is conducted through the mobile app.

Uber’s unprecedented success led to the birth of Lyft in 2012, which followed a similar business model. These platforms came to be known as “ridesharing programs,” offering private transportation by allowing drivers to share their personal vehicles with passengers. Both Uber and Lyft strive to ensure a safe environment for their drivers and passengers.

Ride-sharing services like Uber and Lyft have become increasingly popular and have transformed the way we commute in Florida.  However, with the surge in their usage, accidents involving ride-sharing vehicles have also become more frequent.  As a Florida auto accident attorney at Goldman, Babboni, Fernandez, Murphy & Walsh, we have handled many Uber and Lyft accidents and the problems associated with them.

What Makes Uber and Lyft Accidents Different?

When it comes to ride-sharing accidents, several parties could be involved, including the driver, the ride-sharing company, other drivers, and passengers.  Determining liability can become complicated due to the involvement of several parties: the driver’s personal insurance, the ride-sharing company’s insurance, and potentially another driver’s insurance.

Who is Liable In An Uber or Lyft Accident?

Uber and Lyft classify their drivers as independent contractors, not employees.  This can make it challenging to hold the companies directly responsible for an accident caused by the driver.  Howeve, both Uber and Lyft provide $1 million in liability coverage for accidents that occur while a driver is on an active trip ( from the time they accept a ride to the time the passenger is dropped of at their destination).  If the driver is not on an active trip but has the app open and is waiting for a ride request, a lower level of coverage applies.

In the event the ride-sharing driver is not at fault, the other driver involved in the accident could be held liable.  If they are uninsured or underinsured, Uber and Lyft also provide coverage.

How Can We Help as Your Florida Auto Accident Attorney?

Understanding an accident involving a ride-sharing service can be complex and confusing. As your attorney, we can offer:

Investigation: We can conduct a thorough investigation to determine the at-fault party, ensuring that all necessary evidence is collected to build a strong case.

Claim Handling: We can guide you through the claim process, whether it’s with the driver’s personal insurance or the ride-sharing company’s insurance.

Litigation: If necessary, we will be ready to fight for your rights in court to secure the compensation you deserve for medical expenses, lost wages, pain, suffering, and other damages.

Accidents involving ride-sharing services like Uber and Lyft require experienced legal assistance. If you or a loved one has been involved in such an accident in Florida, contact us for a free consultation. We are committed to providing dedicated and effective representation during this challenging time.


Unsafe lane changes can lead to severe and often catastrophic collisions In Florida Unsafe lane changes can lead to severe and often catastrophic collisions In Florida

As dedicated Florida auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh we recognize the significant role that unsafe lane changes can play in causing car accidents to occur.  Unsafe lane changes can lead to severe and often catastrophic collisions, causing injury, property damage, and, in the worst case, loss of life.  These types of accidents are often caused by negligent drivers who are inattentive to the road or who are attempting to pass another vehicle when a lane change occurs.

As experienced Florida Auto Accident Attorneys, it’s important to highlight that improper lane changes are among the leading causes of car accidents in our state. In fact, right-of-way violations in Florida led to approximately 75,000 citations in the last year alone. The National Highway Traffic Safety Administration (NHTSA) reports that about 10% of car accidents nationally are caused by improper lane changes.

Typical risky behaviors associated with improper lane changes include changing lanes without signaling, signaling only after initiating the lane change, straddling between lanes for an extended period, and changing lanes where lanes are separated by solid lines, which indicates no lane changes are allowed.

The Florida Statutes, particularly section 316.085, clearly states that drivers must change lanes only when it is safe to do so.  This responsibility involves checking mirrors, blind spots, and correctly using signal indicators.  Despite these laws, unsafe lane changes continue to be a common cause of car accidents in Florida.

 

 This law specifically prohibits the following actions:

Veering to the left side of the road to overtake or pass another vehicle moving in the same direction, unless explicitly permitted by the state’s Uniform Traffic Control laws. This action is only allowed when the left side of the road is clearly visible and free from oncoming traffic for an adequate distance to safely complete the overtaking or passing without disrupting vehicles approaching from the opposite direction. After overtaking or passing, it’s mandatory to return to the correct lane as soon as feasible, and certainly before coming within 200 feet of an oncoming vehicle.

Deviating from a direct course in any lane on any road or highway until the driver has ensured that they are not about to be overtaken or passed by another vehicle from either side. Furthermore, lane changes should only be executed when they can be performed safely, without interfering with the operation of any other vehicle traveling in the same direction.

Improper lane changes can lead to severe car accidents, resulting in serious injuries. Recognizing the warning signs of reckless lane changes can help you remain vigilant and safe on the road. Drivers frequently execute dangerous lane changes through the following actions:

 

  • Failing to use signals prior to changing lanes.
  • Neglecting to indicate with turn signals when making a turn.
  • Not checking blind spots before making a lane change.
  • Both vehicles merging simultaneously into the middle lane without clear communication.
  • Exiting a parking spot without checking for oncoming traffic.
  • Recklessly merging onto a highway, leading to a sideswipe accident.

 

Regardless of how your motor vehicle accident occurred, if you believe you have a valid claim for compensation, please reach out to our law firm for assistance. Our personal injury attorneys offer free case evaluations to provide the legal advice you may require.

 

Potential Injuries from Lane Change Accidents In Florida 

Any car accident in Florida, including those caused by improper lane changes, can lead to severe injuries. The most frequently reported injuries from car accidents include:

  • Spinal cord injuries.
  • Neck injuries, including whiplash.
  • Traumatic injuries to the head.
  • Traumatic brain injuries.
  • Fractured or broken bones.
  • Internal bleeding.
  • Back injuries.
  • Sprains, cuts, burns, lacerations, and bruises.
  • Damage to internal organs.
  • Wrongful death.

As  Florida Auto Accident Attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, we are committed to helping victims of unsafe lane change accidents. Our Law firm can assist you in determining the best legal strategy for your case, which may involve filing a personal injury lawsuit against the negligent driver. You may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and other costs related to the accident.

In Florida, it’s important to note that we operate under a no-fault auto insurance law. This means that your own insurance may cover your damages up to a certain point, regardless of who was at fault. However, in cases of severe injury or damage, it may be possible to step outside this system and seek further compensation.

The legal process following an accident can be overwhelming, but you don’t have to navigate it alone. Contact me for a free consultation, and let’s discuss how we can seek justice together.


Whiplash Injury In Florida And Compensation Whiplash Injury In Florida And Compensation

As dedicated Florida auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh we recognize the significant role that unsafe lane changes can play in causing car accidents to occur. Unsafe lane changes can lead to severe and often catastrophic collisions, causing injury, property damage, and, in the worst case, loss of life. These types of accidents are often caused by negligent drivers who are inattentive to the road or who are attempting to pass another vehicle when a lane change occurs.

As experienced Florida Auto Accident Attorneys, it’s important to highlight that improper lane changes are among the leading causes of car accidents in our state. In fact, right-of-way violations in Florida led to approximately 75,000 citations in the last year alone. The National Highway Traffic Safety Administration (NHTSA) reports that about 10% of car accidents nationally are caused by improper lane changes.

Typical risky behaviors associated with improper lane changes include changing lanes without signaling, signaling only after initiating the lane change, straddling between lanes for an extended period, and changing lanes where lanes are separated by solid lines, which indicates no lane changes are allowed.

The Florida Statutes, particularly section 316.085, clearly states that drivers must change lanes only when it is safe to do so. This responsibility involves checking mirrors, blind spots, and correctly using signal indicators. Despite these laws, unsafe lane changes continue to be a common cause of car accidents in Florida.

 

This law specifically prohibits the following actions:

Veering to the left side of the road to overtake or pass another vehicle moving in the same direction, unless explicitly permitted by the state’s Uniform Traffic Control laws. This action is only allowed when the left side of the road is clearly visible and free from oncoming traffic for an adequate distance to safely complete the overtaking or passing without disrupting vehicles approaching from the opposite direction. After overtaking or passing, it’s mandatory to return to the correct lane as soon as feasible, and certainly before coming within 200 feet of an oncoming vehicle.

Deviating from a direct course in any lane on any road or highway until the driver has ensured that they are not about to be overtaken or passed by another vehicle from either side. Furthermore, lane changes should only be executed when they can be performed safely, without interfering with the operation of any other vehicle traveling in the same direction.

Improper lane changes can lead to severe car accidents, resulting in serious injuries. Recognizing the warning signs of reckless lane changes can help you remain vigilant and safe on the road. Drivers frequently execute dangerous lane changes through the following actions:

 

Failing to use signals prior to changing lanes.

Neglecting to indicate with turn signals when making a turn.
Not checking blind spots before making a lane change.
Both vehicles merging simultaneously into the middle lane without clear communication.
Exiting a parking spot without checking for oncoming traffic.
Recklessly merging onto a highway, leading to a sideswipe accident.

Regardless of how your motor vehicle accident occurred, if you believe you have a valid claim for compensation, please reach out to our law firm for assistance. Our personal injury attorneys offer free case evaluations to provide the legal advice you may require.

Potential Injuries from Lane Change Accidents In Florida

Any car accident in Florida, including those caused by improper lane changes, can lead to severe injuries. The most frequently reported injuries from car accidents include:

Spinal cord injuries.
Neck injuries, including whiplash.
Traumatic injuries to the head.
Traumatic brain injuries.
Fractured or broken bones.
Internal bleeding.
Back injuries.
Sprains, cuts, burns, lacerations, and bruises.
Damage to internal organs.
Wrongful death.

As Florida Auto Accident Attorneys, we are committed to helping victims of unsafe lane change accidents. I can assist you in determining the best legal strategy for your case, which may involve filing a personal injury lawsuit against the negligent driver. You may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and other costs related to the accident.

In Florida, it’s important to note that we operate under a no-fault auto insurance law. This means that your own insurance may cover your damages up to a certain point, regardless of who was at fault. However, in cases of severe injury or damage, it may be possible to step outside this system and seek further compensation.

The legal process following an accident can be overwhelming, but you don’t have to navigate it alone. Contact me for a free consultation, and let’s discuss how we can seek justice together.

 

Whiplash is a Common Injury Resulting From An Accident

Whiplash is a common injury resulting from an auto accident, particularly those resulting from rear-end collisions. This type of injury occurs when the neck is suddenly jolted forward and then backward, causing damage to the soft tissues of the neck and upper back. It is a condition that can lead to life-long discomfort and pain, and disability if it is not treated properly. As Florida auto accident attorneys, we are committed to helping clients who have suffered from whiplash injuries receive the compensation they deserve and find potential legal remedies available to them.

As a specialist in whiplash injury cases in Florida, I urge anyone experiencing neck discomfort or stiffness following a rear-end collision or similar accident to promptly seek medical attention. It’s possible that you may have sustained a whiplash injury. After your medical check-up, please contact our legal team at the Law Firm of Goldman, Babboni, Fernandez, Murphy & Walsh for a free consultation. You may be eligible for compensation related to your whiplash injury.

Our attorneys can share important information with you on how whiplash injuries are diagnosed and treated, along with potential complications and indications for seeking medical attention.

 

Diagnosing Whiplash Injuries

The diagnosis of a whiplash injury entails a comprehensive medical history and physical examination. Several tests may be employed, and it’s crucial to note that whiplash often results in soft tissue damage, which isn’t always visible on x-rays. Diagnostic tests can include:

X-rays: These use electromagnetic energy beams to create images of internal tissues, bones, and organs.

Magnetic Resonance Imaging (MRI): This technique employs large magnets and a computer to generate detailed images of organs and soft tissues in your body.

Computed Tomography (CT) scans: This involves X-rays and computer technology to produce detailed images, often called slices, of your body. A CT scan provides a thorough view of body parts, including bones, muscles, fat, and organs. These images are more detailed than standard X-rays.

 

Treating Whiplash Injuries

The specific treatment plan for whiplash is determined by your healthcare provider, factoring in your age, overall health, medical history, the extent of your injury, tolerance for specific medications, procedures, or therapies, the expected progression of your injuries, and you personal preferences. Typical treatment approaches may include:

Application of ice during the first 24 hours.
Use of a cervical (neck) collar.
Gentle, active movement after 24 hours.
Nonsteroidal anti-inflammatory drugs (NSAIDs such as ibuprofen).
Muscle relaxant medications.
Physical therapy.
Osteopathic manipulation.

Potential Complications of Whiplash

While many individuals with a whiplash injury recover within weeks to months, some may experience persistent pain for several months or longer.

When to Contact a Healthcare Provider

If your symptoms haven’t improved within the timeframe suggested by your healthcare provider, it’s crucial to let them know. Similarly, if your symptoms worsen or new symptoms emerge, notify your provider immediately.

Key Points About Whiplash

Whiplash is a complex injury that is often misunderstood. It typically involves the muscles, discs, nerves, and tendons in the neck. The injury occurs when the neck is forcibly bent forward and then backward, or vice versa. Many instances of whiplash occur in rear-end automobile collisions. The specific treatment for your whiplash will be determined by your healthcare provider.

Identifying a Whiplash Injury Post-Accident

Whiplash, a common injury resulting from an abrupt back-and-forth motion of the head, often occurs during vehicular accidents, particularly rear-end collisions. Symptoms indicative of a whiplash injury include:

Persistent neck pain and stiffness.
Increased discomfort when moving your neck.
Limited range of motion in turning your head left or right.
Recurring headaches, often originating at the base of your skull.
Tingling sensations or numbness in your arms.
Feelings of fatigue or dizziness.
Blurred vision or tinnitus (ringing in your ears).
Difficulty with memory or concentration.

It’s crucial to note that symptoms may not immediately manifest post-accident, but this doesn’t rule out the possibility of a whiplash injury. It’s essential to consult with a medical professional who can perform necessary tests and accurately diagnose the extent of your injury, which could range from a simple neck strain to more serious damage involving discs, ligaments, muscles, tissues, or nerves in your neck. Your medical records from these visits serve as critical evidence, enabling us to better advocate for the compensation you deserve for any damages resulting from your injury.

Symptoms of Whiplash And Treatment Options

Symptoms of whiplash may appear immediately after an accident or could take several days to develop. Common symptoms include neck pain and stiffness, headaches, shoulder pain, dizziness, fatigue, and in some cases, memory problems or difficulty concentrating.

Medical treatment can vary based on the severity of the injury. In most cases it involves pain management, physical therapy, and in some severe cases surgery. Keep in mind that all medical treatments should be properly documented, as this will be critical in determining the proper amount of compensation for your injuries.

Compensation for Whiplash Injuries in Florida

Florida operates under a no-fault auto insurance system. This means that, regardless of who was at fault for the accident, your own Personal Injury Protection (PIP) insurance should cover a portion of your medical expenses and lost wages up to your policy’s limit, usually $10,000.

However, in cases where injuries are severe, like significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death, you may step outside of the no-fault system and sue the at-fault driver directly. If your whiplash injury meets this threshold, you may be eligible for additional compensation, which can cover medical bills beyond PIP limits, future medical expenses, lost earning capacity, pain and suffering, and more.


Wrong-Way Driving Can Cause A Severe Accident In Florida Wrong-Way Driving Can Cause A Severe Accident In Florida

As a Florida auto accident attorney, it is my duty to inform and advise my clients about the complex nature of wrong-way car accidents in Florida.  These accidents occur when a driver heads in the opposite direction of traffic on a highway, one-way road, or ramp, and often results in serious or fatal injuries.  In Florida, wrong-way driving accidents are a significant concern,  and it is essential to understand the implications of such accidents.

 

Wrong-Way Car Accidents in Florida: The Severity of the Issue

Florida has witnessed a high incidence of wrong-way car accidents over the years.  According to the Florida Department of Highway Safety and Motor Vehicles, over 1,400 wrong-way crashes occur annually in the state of Florida, resulting in multiple fatalities and serious injuries.  These collisions are usually head-on and occur at high speeds, causing them to be particularly deadly.

Wrong-way car accidents are distressing and alarming, potentially resulting in serious injury or even fatalities. Ranging from minor mishaps to devastating collisions, the after-effects of these accidents can be overwhelming. Particularly in Florida, where the incidence of wrong-way accidents is notable, understanding the cause, implications, and recourse is crucial.

Factors Contributing to Wrong-Way Accidents

A myriad of elements can contribute to a wrong-way accident, including:

Driver Error: Novice drivers, those experiencing nerves or elderly drivers, as well as a simple lack of attention to road signs can result in entering the highway via the wrong ramp or making a wrong turn onto a one-way street.

Reduced Visibility: Conditions such as heavy fog, rain, or intense sunlight at dawn or dusk can impair a driver’s ability to discern one-way signs, emphasizing the importance of careful speed control when weather conditions are challenging.

Driving Under Influence: In Florida, driving with a Blood Alcohol Concentration (BAC) of 0.08 or above qualifies as DUI (Driving Under Influence). Drug influence also counts under DUI, not only exposing the driver to potential fines or incarceration but also significantly increasing the risk of wrong-way driving and subsequent accidents.

Inadequate Road Signs: The Florida Department of Transportation is tasked with ensuring clear, comprehensible signage along roads and highways. Failure to repair or replace damaged signs promptly can lead to confusion and potential accidents.

Distraction While Driving: The root cause of numerous types of accidents, including wrong-way collisions, distractions such as texting, social media browsing, or handling rowdy children in the backseat can cause a driver to miss important one-way signs or warnings.

Health Condition of Driver: Health issues like seizures, sleep apnea, or early-stage Alzheimer’s disease can impair driving ability and result in wrong-way accidents. Similarly, certain medications may cause dizziness, confusion, or sleepiness, all potential contributors to such accidents.

Drowsy Driving: This is particularly common among individuals who have been driving for long durations, like those on lengthy road trips or truck drivers, and those working night shifts. Often, these drivers unintentionally veer into oncoming traffic while dozing off.

Strategies for Preventing Wrong-Way Accidents

Being cautious, alert, and following a few important strategies can help prevent wrong-way accidents:

Avoid drowsy driving by taking adequate breaks, consuming caffeinated drinks, having engaging company, or booking a hotel room for rest.

Drive with extra care during late-night hours when the likelihood of encountering drunk drivers increases.

Stay in the right-hand lane, particularly at night, as wrong-way drivers typically stick to their right-hand lane, making a collision more likely on the left lanes.

Avoid distractions while driving to help ensure full attention to road signs and conditions.

Maintain a safe distance from the vehicle in front to provide adequate time to maneuver around in case of sudden braking or collision.

Monitor loved ones with impairing conditions and ensure they do not travel alone.

Determining Fault in Wrong-Way Accidents

Typically, the driver who was driving in the wrong direction or on the wrong side of the road is presumed to be at fault in wrong-way accidents. Evidence in court can include your testimony, witness accounts, surveillance videos, police reports, and medical evidence indicating the nature of the injuries as a result of a head-on collision.

Legal Ramifications and Compensation

The consequences of a wrong-way accident can be catastrophic, leading to severe injuries, loss of income, emotional distress, and significant medical bills. As a victim of such an accident, Florida law allows you to seek compensation for these losses from the at-fault party. At Goldman, Babboni, Fernandez, Murphy & Walsh, our dedicated team is well-versed in litigating these complex cases and advocating for your rights.

We can help you obtain compensation for medical expenses, lost wages, pain and suffering, property damage, and, in the tragic event of a wrongful death, funeral expenses, and loss of companionship.

If you have encountered a vehicle driving on the wrong side of the road in Florida, it’s essential to report this incident to the police.  If a wrong-way accident does occur, take the following steps:

Prioritize Medical Assistance

Under Florida law, it’s incumbent upon you to render aid in an accident where there is a need for medical attention or if someone requires emergency assistance.  The law mandated that the assistance provided should be ‘reasonable’, which extends to arranging transportation for the injured party to a healthcare facility.

Inform the Authorities

Under Florida Statute 316.066, you’re required to fill out a comprehensive police report under specific circumstances, which include any accident that results in personal injury or death.  It’s necessary to notify the police if any party or passenger in the accident expresses pain, a vehicle is totaled, or the incident involves a commercial vehicle, or there’s suspicion of drug or alcohol influence.

Clear the Traffic Flow

It’s crucial to move your vehicle off the road to avoid obstructing traffic.  If the vehicle isn’t operable and you’re  physically able, you should arrange for a tow truck to remove your vehicle and clear the traffic pathway.  The other party involved in the accident bears the same responsibility to clear the roadway.

Legal Assistance in Wrong-Way Accidents

Our attorneys will play an instrumental role in managing a wrong-way car accident case, starting with the ‘discovery’ process. This involves subpoenaing records and witnesses, documenting the accident scene, and ascertaining whether the Department of Transportation complied with their duty of care. They can also take depositions (sworn testimonies) from medical professionals and accident reconstruction experts.

Contact Us for Help

If you or a loved one have been involved in a wrong-way car accident in Florida, it is essential to seek legal assistance immediately to protect your rights. Our experienced attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh are ready to offer comprehensive legal counsel and compassionate support throughout this challenging time. Please reach out to us for a free consultation.