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Author: Ryan O’Connor
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5 Most Dangerous Foods To Eat While Driving
Distracted driving is quickly becoming one of the leading cause of serious car accidents, and with good reason – distractions can reduce your reaction time, take your attention off the road, and can limit your physical ability to react to dangers up ahead. One of the most overlooked distractions, however, is eating behind the wheel. In this blog, our West Palm Beach car accident attorneys take a look at five of the most dangerous foods to eat while driving.
Have you been injured in West Palm Beach or the surrounding communities? Contact us today to learn how we can help.
1. Chocolate
A chocolate bar can be delicious, but they melt quickly in your hands. If you have chocolate on your fingers, it can significantly reduce your grip on the steering wheel. Cleaning melted chocolate off of your steering wheel, clothes, or other parts of the car can also be a dangerous distracted driving behavior.
2. Burger & Fries
Eating a burger while driving requires you to take at least one hand off the wheel, and typically creates quite a mess as well. This distraction can lead to serious car accidents if you are unable to properly control your car. The grease left on your hands by both burgers and fries can also cause your hands to slip off of the steering wheel.
3. Tacos
Tacos are notoriously messy, and eating them requires a good deal of attention. Eating a taco can take your eyes, hands, and even your mind off of the road, which in turn can reduce your reaction time significantly. Likewise, cleaning up lettuce, cheese, and meat that has fallen off the taco can create a dangerous distraction.
4. Soup
While most of us would never even consider eating an actual bowl of soup while behind the wheel, many people put soups into a thermos or mug to drink on the go. There is a danger created by taking your hand off the wheel, but the temperature of a soup can also cause a sudden reaction if it’s too hot. Spilling hot soup on your lap can be incredibly painful, and can severely compromise your driving ability.
5. Coffee
Coffee is likely the most common food or beverage consumed while driving, and is a vital part of many people’s morning routines. Just as with soup, however, hot coffee that burns your mouth or spills onto your lap can cause a sudden reaction and a serious car accident.
Not sure if you have a case? Call our West Palm Beach car accident lawyers today for your free case evaluation.
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Wrongful Death Cases in Florida: Valuing the Loss of Life
The unexpected death of a loved one is devastating for surviving family members, especially if it was the result of an accident or negligence. Fortunately, the Florida Wrongful Death Act, a state law, ensures that surviving family members who qualify have a means by which to obtain compensation for their loss.
The law allows for surviving family members who were dependent financially or emotionally on the decedent – such as a wife or children – to file a lawsuit against the person or company responsible for the negligence that caused the death.
Commonly, Wrongful Death cases involve automobile accidents, accidents involving motorcycles or semi-trucks, or pedestrians. They can also include victims of criminal or other actions who die from their injuries. A death occurring as a result of a botched medical procedure, or nursing home neglect, may also provide the basis for a Wrongful Death lawsuit.
In addition to replacing lost future wages, a Wrongful Death lawsuit can also allow for a grieving family to recover monetary damages for their pain and suffering. Money certainly cannot replace a loved one. But faced with the tragic circumstances of losing a husband or wife, compensation for pain and suffering can help assist the healing process.
Here are some of the most commonly frequently asked questions we receive about Wrongful Death cases.
Who are we suing in a Wrongful Death case?
It’s a common misconception among the public that personal injury lawyers “sue people”. That’s not completely accurate. We bring legal claims to recover monies from any insurance company that has a current policy with whomever the negligent party is. That is the standard for all personal injury case types our firm accepts, whether it be an automobile accident, a slip and fall, or a Wrongful Death. We try to obtain a recovery from insurance companies, not people.
With a Wrongful Death lawsuit, our job as personal injury lawyers is to hold the insurance company responsible for paying the Wrongful Death claim. After all, the negligent person or company paid insurance premiums to protect them from their possible negligence. It is therefore the insurance company’s responsibility to pay the claim.
Who can file a Wrongful Death lawsuit?
Florida law dictates who among the surviving family members can file a Wrongful Death lawsuit. The surviving spouse, as well as any natural or adopted children, can bring a claim. In cases where there is no surviving spouse, but there are children, a claim can still be filed. Also, it’s possible for a claim to be filed by a sibling, in some limited circumstances.
However, it’s important to note that each case is different, and there may be reasons that preclude an individual from filing a Wrongful Death claim, even if there is clear negligence involved. It’s best to consult a personal injury lawyer if you are wondering whether you qualify to file a potential claim.
How do you determine how much money a Wrongful Death lawsuit is worth?
How much a case is worth is the most common, yet the most difficult, question to answer. Each individual circumstance of a case needs to be taken into consideration in order to determine the value of a case.
The value of a case is referred to by lawyers as “damages”. Damages can vary widely, again, depending on the circumstances of the case, including how “at fault” or negligent the Defendant was at the time of the accidental death. Every case is different, and it is impossible to say how much a “typical” wrongful death case is worth.
We hope that you never suffer the loss of a loved one due to another’s negligence. But if you do, make sure to consult a qualified attorney with experience in handling these types of cases.
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Injury Suit Filed Against Man Who Attacked Uber Driver
If you’re an avid user of social media, chances are good that you’ve seen the video of a man violently attacking an Uber driver last Friday. In the video, which quickly went viral, you can clearly see a man named Benjamin G. attack the driver, hitting him multiple times before grabbing his hair and attempting to slam his head into the dash and steering wheel. He did not stop until the driver was able to pepper spray him, at which point the assailant fled. The attack was shocking, violent, and seemingly unprovoked.
The Uber driver has since filed a civil suit against Benjamin, seeking unspecified compensation for the emotional distress and injuries the attack caused. In this blog, we’ll explore whether or not the driver has a legitimate case against the passenger.
Are the Driver’s Damages Recoverable?
Although the driver did not suffer any serious or long-term phsyical injuries, the incident took place in California, which is one of just a few states that does not require physical symptoms to prove that emotional harm was inflicted. When combined with the video of the incident, this fact alone definitely gives some validity to the driver’s claim.
However, physical symptoms don’t always need to be serious injuries when the claim is filed for emotional distress. Symptoms such as loss of appetite, insomnia, and anxiety could all potential be considered physical symptoms of the attack. It seems that his personal injury lawyer is well aware of this fact, as he has stated publicly that “This is basically a nightmare for him. He’s having a very, very tough time sleeping…”
A Case Still in Progress
Although this civil suit is the latest development in this rather odd case, the assailant also faces substantial misdemeanor charges of assault, battery, and several other related charges. In the wake of the video going viral, he has been fired from his position as a Taco Bell marketing executive.
Whether your injuries were the result of a physical attack, car accident, or slip and fall injury, you may face substantial emotional trauma for months or years after the incident. When you choose our West Palm Beach personal injury lawyers to represent you in your claim, we can help you seek compensation for not only your physical injuries, but for the emotional distress you’ve suffered as well.
Our firm can help you pursue compensation to cover medical expenses, loss of income, and more.
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Understanding Insurance Requirements in Florida
If you’ve registered a vehicle in Florida, you’re required to obtain insurance coverage. Florida, like most other states, has set a minimum amount of insurance which all drivers are required to carry. This minimum coverage is at least $10,000 worth of property damage liability insurance, and another $10,000 in personal injury protection.
Minimum Coverage
Personal Injury Protection (PIP) Insurance
Florida is a “no-fault” auto insurance state, meaning your insurance company will be responsible for compensating you in the event of a crash no matter who was at fault. Personal injury protection insurance covers you in your own vehicle, as well as other vehicles you may be a passenger in. This insurance will also cover you if you are involved in a pedestrian accident or bicycle accident. Additionally, PIP insurance will cover your children, other members of your household, and any passengers who do not have PIP insurance, provided they also do not own a car. The amount you can recover in an insurance claim is capped by the limits of your policy.
Minimum: $10,000 PIP coverage in the state of Florida
Property Damage Liability (PDL) InsuranceWhile personal injury protection covers bodily harm and injuries, PDL coverage covers damages to other people’s property. The most common example of this is damage to the vehicle, but can also include things like walls, fences, or even valuable stored inside the car at the time of the crash.
Minimum: $10,000 PDL coverage in Florida
Optional Coverage: Bodily Injury Liability (BIL) InsuranceIn addition to PIP insurance, which covers injuries to you and specific passengers, and PDL, which covers damage to other peoples’ property, there is also BIL coverage. This bodily injury liability insurance can pay for serious injury or death to other parties when you are at fault for the crash. Essentially, this coverage gives you financial defense in case you are sued by an injured person, but many insurers also provide legal representation if this happens.
What if I Don’t Have Insurance?
If you’re driving without insurance, the best case scenario is a license suspension of up to 3 years and fees which can total $500. If you injure someone while driving without insurance, you can potentially be sued and must pay the damages out of pocket. Driving without insurance is illegal, and highly irresponsible.
For more about Florida car insurance requirements, download Palm Beach County car crash attorney Craig Goldenfarb’s guide: “What Car Insurance Do I Need? “ The West Palm Beach Law Offices of Craig Goldenfarb, P.A. offer a free insurance-registration holder to all West Palm Beach drivers. Request yours by clicking here.
Injured in a car crash? Call Law Offices of Craig Goldenfarb, P.A. to pursue fair compensation for your injuries.
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Preventing Winter Accidents in West Palm Beach – Get Ready for Rain
Although residents of West Palm Beach enjoy a much milder winter than in most other states, drivers in Florida should still be prepared for the winter rainy season. Properly preparing your car for rain will help you prevent accidents and injuries, and it can even save your life.
Tips for Maintaining Your Car for the Rain
- Before the rainy season even begins, swap out your old wiper blades with fresh new ones. They are inexpensive, and can be changed in just a few minutes.
- Make sure your tires have proper tread. The classic penny trick works well – put a penny into a few tread grooves across the tire, and check to see if Lincoln’s head is partially covered. If so, you have suitable tread remaining
- Check your tire pressure. Underinflated tires can make you lose traction when the streets are wet.
- Always carry an emergency kit in your car, and keep your cell phone on you whenever you’re driving.
If you’ve been injured in a Florida car accident, call the Law Offices of Craig Goldenfarb, P.A. to pursue fair compensation for your injuries.
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New Florida Law Extends Reporting Time for Sexual Battery Victims
Rape victim Danielle Sullivan’s efforts have come to fruition with the passing of Florida’s new “43 Days Initiative Act.” This new bill, signed into law by Governor Scott and in effect as of July 1st, 2015, doubles the statute of limitations allowed for filing charges of sexual battery, commonly known as “rape”.
Sullivan was the victim of rape, but because Florida’s previous law required the victim to report the incident to authorities within four years of the crime, her attacker walked away free from prosecution. That’s because Sullivan was a mere 43 days late in reporting this horrific crime committed against her.This new law extends the statute of limitations for rape from four to eight years. It also takes away any statute of limitations for victims younger than 16 years old. Prior to this extension, Florida was one of only three other states that had three or four year limitations on reporting rape and other sexual crimes to the property authorities for prosecution.
According to a 2000 National Crime Victimization Survey, youths aged 12-17 are two to three times more likely to be sexually assaulted than adults. In fact, rape, according to the National Victim Center, is “the most underreported violent crime in America.” In a large national survey of American women, only 16% of the rapes (approximately one out of every six) had ever been reported to the police.
Many issues can make it difficult for victims of sexual assault to report these types of crimes, even after many years have passed since the attack. Some of the issues that can effect a victim’s timely reporting include embarrassment, self-blaming and self-shaming, fear of reciprocity from an attacker, or worry that the victim will not be believed. In totality, these effects are called Rape Trauma Syndrome, an established and medically accepted mental health condition.I’ve personally prosecuted many of these types of crimes in civil court during my career as a personal injury lawyer. Specifically, I have represented victims of sexual battery against a number of powerful and famous men. My experience has taught me that attackers will commonly use their power and influence to scare their victims into silence, especially the younger female victims. Frequently it is only after the victim grows up and realizes how this tragedy has truly scarred her life, that she summons the courage to come forward and seek justice.
By amending this law to extend the criminal statute of limitations, the legislature has provided the flexibility in reporting that victims of sexual battery obviously need to do their part in helping to put sexual predators behind bars, where they belong.The new law also amends the statute of limitations for a civil lawsuit against a sexual abuser. If the victim is over the age of 18, she has seven years to file a lawsuit. However, if the victim is a dependent of the abuser (an underage daughter, for example), she has an additional four years from the time she severs that dependent relationship, as well as four years from the discovery of injury.
At our law firm, we continue to work on behalf of victims of sexual assault and sexual battery as a legal advocate for their rights in the criminal and civil justice systems. We guide our clients through every step of this difficult, often emotional process. Our goal is to obtain a financial recovery against the Defendant which, hopefully, helps to validate the emotional trauma a victim has endured, as well as pay for future medical and psychological treatment.
If you or someone you know or love has been the victim of sexual assault, contact our office today to find out if we may be able to help you recover. The call is free and confidential. -
Understanding Florida’s Hit & Run Laws
What a Driver Is Required To Do After an Accident
When a person is involved in a car accident, they are required to give certain information to any other party whose property was damaged, or who was injured. If they cannot give the information directly to the property owner (they hit a parked car, for example) then they must report the crash to the police.
The information they must provide includes:
- Name
- Address
- Vehicle Registration Number
- Driver’s license/permit
They must also provide reasonable assistance to anyone who was injured in the crash, including making arrangements to have them transported to a hospital, if necessary. Last, a driver must always wait for police to arrive to the scene when significant damage has occurred. Even if they disagree, if the police have been called, they must wait. Leaving before they arrive could result in hit and run charges.
What Is Considered Hit & Run Under Florida Law?
When Only Property Is Damaged
This part of the statute requires any driver involved in a crash—whether it occurs on public or private property—to stop and complete the requirements listed above. A willful failure to follow these steps can result in a third degree felony charge. This could land an offender in prison for up to five years, and result in $5000 in fines, to say nothing of the potential legal fees. The person’s driver’s license will be revoked for at least three years. The driver can also be held responsible for financial costs related to the property damage.
When Another Party Is Seriously Injured
If a driver is involved in a crash that causes serious bodily injury to another person, they must stay at the scene of the crash until they have fulfilled the above requirements. If they willfully fail to comply with these requirements, they may be convicted of a second degree felony. The penalties for a second degree felony hit and run charge include a maximum prison sentence of 15 years, a $10,000 fine, and a minimum driver’s license suspension of 3 years.
When Another Party Dies
If a person flees the scene of a fatal accident, the consequences are extremely severe. They can be charged with a first degree felony, one of the most serious crimes under Florida state law. In addition to a three year (or more) suspension of their driver’s license, this charge carries a prison sentence of up to 30 years and a fine of as much as $10,000. If a person has prior convictions for certain traffic-related crimes, including hit and run or DUI, they will be immediately arrested and held in custody until they stand before the court for admittance to bail.
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Casey Smith Brings Client Hospitality to LOCG
If there is only one thing you should know about Casey Smith, it’s that she is an eternal optimist. Her joyous disposition in life is never disturbed. Here’s a case in point. As the afternoon sky turned to blackness and thunder in typical summer fashion during her interview, and the rain began to pound the windows, Casey describes how much she loves South Florida, and how she could never leave. “I live in paradise! We live where other people vacation. How cool is that?”
As our Client Relations Manager, Casey’s ability to find the upside to everything is a commanding trait. It’s also just one of the reasons she is so obviously skilled and perfectly fitted for her role. Most of our clients will come into contact with her at some point during their case. Her main duty is to be a source of information, problem-solving, and knowledge for all of our clients.
Perhaps not surprisingly, this job was actually created specifically for Casey. Nearly three years ago, when one of our case managers heard that LOCG would be hiring for a “client hospitality” role, she thought of her friend, Casey, and encouraged Casey to apply. After just one interview, she was hired. Casey was perfect for this new role.
Casey has created her own approach to keep clients satisfied. “If you come to my home, I’m going to make you feel comfortable and welcomed. So I treat our firm’s clients as if they were stepping into my home each and every time we talk”, Casey explains.
First, she says, hospitality is about creating an experience that has a lasting impression for the client. That way, they will want to talk or meet with her again in the future. Second, she is always focused on problem-solving. If a client has an issue of any sort that she can help with, her goal is to find a solution.
Lastly, and most important, Casey says that she won’t let a client go until she knows they are satisfied. “I listen to a client’s concerns very closely, so I can figure out how best to help them. I want them to feel important, and when the call is finished, they should feel a sense of relief.”
We asked Casey to tell us something no one in the office knows about her. “I have what I call my ‘Inspirational Staircase’!” she said, with great excitement. “The staircase in my home is lined with frames of inspirational quotes.
What’s her favorite quote?
“The past can hurt. But the way I see it, you can either run from it or learn from it.” Casey takes this one to heart. She runs from no problem.
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“The Trucks are Killing Us” Op-Ed Sheds New Light on Dangers of Trucking
An opinion piece in The New York Times this past weekend is shedding some light on the commercial trucking industry and its dangerous tactics and business practices, and how Congress is enabling the industry to continue with business as usual.
Written by Howard Abramson, 16-year former veteran of the country’s most influential commercial trucking lobby, the piece digs deep into why trucking in America is so hazardous to passenger vehicles and drivers on our highways. He also set out to expose a cushy relationship between Congress and his former employer, American Trucking Associates.
Abramson writes that more people will be killed by commercial trucking accidents during this year alone than the total number of people who died from domestic commercial aviation accidents in the past 45 years combined. Despite this, he writes, Congress is doing nothing to strengthen regulations on the trucking industry.
To the contrary: a number of amendments to a highway funding bill currently making its way through Congress seeks to accomplish the exact opposite. These bills suspend or weaken federal regulator’s attempts to implement various safety standards over the last few years. These standards include limiting how many consecutive hours a truck driver may be behind the wheel and limiting how many hours a driver can work per week.
Despite public opposition, Congress is moving forward with the bill, which if passed, may allow for bigger and longer trucks to be on the road, and may suspend the age restrictions for interstate truck drivers from 21 years old to just 18 years old. Also, the requirements that a driver take a certain number of hours off before starting their work week again could be suspended.
These rules seem on the surface to be no-brainers. Crash statistics show over and over again that the number one cause of commercial trucking accidents is fatigued or impaired truck drivers. Yet the trucking lobby is still able to get Congress to pass measures tucked inside spending bills that limit regulations. How, and maybe more importantly, why?
Safety is not good business
Why wouldn’t a commercial transport company be interested in implementing simple safety standards that can save the lives of so many Americans? The industry, Abramson says, claims it will be “burdened” with extras costs if Federal safety standards are strengthened. The business is a low-margin business, operators claim. Any raise in costs will be passed to consumers, and Congress shouldn’t allow that. But at $700 billion a year in economic output, just how much would the industry as a whole be losing? Perhaps a couple hundred million, the equivalent of a slight summertime fuel price spike?
Think of the gains, Abramson says. Requiring drivers to stick to standard safety measures like maximum hours on the road in a given range, and the implementation of safety technology that includes collision detection systems and data recorders, wouldn’t cost them too much to implement. And the return is potentially hundreds of lives saved. Over time, the cost to insure the trucks, drivers, and cargo would steadily deflate, saving the industry hundreds of millions of dollars each and every consecutive year. And the roadways would be safer for all of us.
Fatalities by trucking accidents are on the rise. No one disputes that. From 2009 to 2013, the latest year of available data, has risen by 17%. Each year in the last four has seen more deaths than the previous one. Deaths are disproportionately levied on passenger vehicle drivers and passengers, not the truck driver. So the commercial trucking industry is operating at the public’s expense.
The current operations of the commercial trucking industry should be a public health concern.
The biggest and heaviest long-haul trucks on the road, Class 8 trucks, account for only about 10% of all miles traveled in the U.S., but caused one in eight traffic fatalities in 2013. These trucks are also responsible for nearly a quarter of all traffic fatalities that occur in a work or construction zone.
These crashes indicate driver fatigue, as the driver likely doesn’t notice the roadway obstruction, and continues through it at normal speed and operation. When all the other passenger vehicle drivers slow down, that creates an extremely dangerous scenario. These trucks are not equipped with accident avoidance technology, so a large number of these fatal accidents in work zones occur when a truck slams into the back of a passenger vehicle, often killing the driver and passengers immediately.
What will it take to put (and keep) stronger commercial trucking safety standards in place?
In short, it’s going to take the courage of Congress. Lawmakers must refute the trucking industry’s powerful lobby, and instead put the safety of our nation’s driver first, even if they don’t realize just how much danger they are in. Sharing the road with a massive commercial fright truck is a dangerous proposition, yet, the shipping industry is an important one to ensure the movement of goods around the country to help make modern live easier and more convenient.
But there is no convenience or good whose delivery is more important than the life of a driver on the roadway. Therefore, Congress should strike these amendments to the highway safety bill currently moving through both houses to ensure safety standards not only stay in place, but are strengthened instead of weakened.