Category: Auto Accidents

Learn the early warning signs of tire failure.

Every year about 400 people lose their lives in traffic accidents caused by tire failure.

Your tires are the part of your car that physically touch the ground and are a significant part of how your vehicle responds to steering and to braking. The condition of your tires can affect your car’s overall highway safety.

Causes of tire failure:

• Improper tire inflation
• Too much weight
• Tire damage
• Inadequate tire maintenance
• Defective tires

How can you be sure that your tires are in safe condition and will perform reliably? West Palm Beach auto accident lawyer Craig Goldenfarb suggests performing regular tire checks.

Fast and easy tire check:

1. Check your tire’s inflation. It is normal for tires to slowly lose air through the rubber and through the interfaces with the wheel as well as through seasonal temperature changes. It is estimated that almost half tof all cars on the road have one or more underinflated tires. An underinflated tire can affect your vehicle control and can lead to premature tire blowouts. See our article, “Checking Your Tire Pressure May Save Your Life: Learn More”, for tire inflation maintenance tips.

2. Visually inspect your tires. Look for the following signs of tire damage:

• Cracking or cuts in the sidewalls.
• Bulges or blisters.

If you see any of these signs of damage, your tires may be dangerous. Have them professionally inspected immediately.

3. Check your tire’s tread. Look for uneven tread wear or excessively worn tread. Most new tires have tread-wear indicator bars that run across the tread at 1/16-inch, the minimum allowable tread depth. When the tread has worn down to these bars, it is time to replace your tires.

If you don’t have inexpensive tread-wear indicator bars, you can check your tires’ tread using a tread wear gauge or a penny.

Penny Test for Tread Wear

Place a penny with Lincoln’s head facing down into several tread grooves across the tire. If part of Lincoln’s head is always covered by the tread, you have more than 1/16″ of tread depth remaining. If you can see the top of Lincoln’s head, your tires need replacing.

4. Watch for excessive vibration. Tire vibration can be a sign of internal tire damage or it can indicate that a wheel is misaligned, unbalanced, or bent. If your car is vibrating, take it to a mechanic as soon as possible.

Were you injured in a Florida tire failure car crash?

If you have been injured in a Palm Beach County car accident caused by dangerous tires the tire company or tire store may be liable for your injuries. A West Palm Beach auto accident lawyer may be able to help. An attorney will be able to determine the cause of your tire failure car accident and identify the liable party. Contact the Law Offices of Craig Goldenfarb.

An insurance adjuster works for an insurance company. No matter how nice, helpful, or even trustworthy the adjuster may seem, the job of an insurance adjuster is to settle an accident claim for as little as possible. An insurance adjuster, therefore, is loyal to the insurance company. The adjuster will act in the best interest of the insurance company regardless of whether it is fair to you. It is important to be alert of the various tactics that may be used to achieve this goal.

Be Careful Of What You Say
An adjuster will often use the “nice guy” act to acquire information from you that will help the adjuster settle the claim for a small amount. The insurance adjuster may use the following techniques to gather information:

• Keep a record of what you said: An adjuster will make a written record of everything you say about the accident, how you feel, and whether you received medical treatment.
• Request a recorded statement: An injury victim does not have to make a recorded statement, but some insurance companies may request one as a condition of settling a claim.
• Request access to past records: An adjuster may ask you to sign a release that will allow the insurance company access to past records. An insurance company might try to use these records against you even if they are not relevant to the case.

Don’t Settle Before the Full Extent of Your Injuries Becomes Known

Another tactic used by insurance adjusters is to rush into settlement. While it may seem appealing to settle quickly, the injuries sustained may be latent and may require long-term treatment not accounted for in the settlement. When a person agrees to a settlement early on before the full extent of the injuries are known, the injured person is responsible for paying for the medical treatment, even if the settlement is inadequate.

Don’t Let the Insurance Company’s Delay Make You Desperate

Insurance adjusters will not stop at just using your own statements and history to diminish the worth of your case. Sometimes adjusters use delay tactics. This is effective because a delay in a settlement means that the insurance company benefits by keeping the money longer. Insurance companies also use this tactic because it creates desperation, and therefore, it may force you to settle for less than a fair amount.

Talk to an Attorney First

Before speaking with an insurance adjuster, it is important to talk to a personal injury attorney. An attorney can give you crucial information about the value of your case, about what to say to the insurance adjuster, and about what is a fair settlement.

If you were in a West Palm Beach car accident, you may be considering representing yourself in order to save money. If you decide to represent yourself in your Florida accident injury claim, here are some tips from a car accident attorney in West Palm Beach.

• Know the law. Florida is a no-fault state, so if your injuries are minor, you will be seeking compensation from your own insurance company. If your injuries are serious, you have the right to file a personal injury claim to seek compensation from the driver who is at fault.
• Be able to prove that the other driver was negligent and that his negligence caused your injuries. This means that you have to prove that the driver acted with less care than is required by law.
• Know the damages that you are entitled to. Florida law allows you to seek compensation for your medical bills, pain and suffering, lost wages, disfigurement, disability and more. You need to know what damages apply to your claim and how much compensation to ask for.
• Know the value of your claim. If you ask for too little, you could end up in debt. If you ask for too much, the insurance company or jury will see you as greedy and reject your claim. Knowing the value of your claim will help you determine if you should accept a settlement or file a lawsuit.
• Know the statute of limitations. In Florida, you have four years from the date of injury to file a car crash injury claim.

Representing yourself may be a good idea if you sustained no serious injuries and your property damage adds up to less than $1,000. However, if your car has sustained heavy damage, you are seriously injured, or there is a question about fault, you may be better off hiring a Florida car accident attorney.

Worried about the cost? Craig Goldenfarb, a car accident attorney in West Palm Beach, offers a free initial consultation. He also accepts Florida motor vehicle injury cases on a contingency basis. This means you don’t pay attorney fees until he gets results for you. If you lose, you owe nothing. Still not certain? Studies have found that personal injury victims who hire an attorney receive settlements that are significantly larger than those received by accident victims who represent themselves – even after attorney’s fees.

If you’d like to discuss your claim with a car accident lawyer in West Palm Beach, contact the Law Offices of Craig Goldenfarb.

Florida has the largest elderly population in the United States – more than 19 percent of Florida’s population are senior citizens. Certainly, many older Americans are good drivers who are healthy and active. However, there are many drivers on Florida highways who have suffered strokes or heart attacks and are at risk of similar medical emergencies in the future.

Strokes, heart attacks, loss of consciousness, and seizures are always serious. But, when these medical emergencies take place while the victim is driving, there is additional risk to the driver, to his passengers, and to anyone else on the road. Even the most responsible of drivers may lose control of their car during a medical emergency. Medical emergencies may cause single and multi-car motor vehicle crashes and Florida pedestrian accidents.

Signs of a Florida medical emergency car crash

Florida car accident investigators look for signs at the accident scene that indicate the cause of an accident. When an accident is caused by a medical emergency, there may be no signs of speeding or reckless driving until the time of the crash. For example, there may be no skid marks at the scene. If the driver is elderly or has a history of health problems, they may look at his medical records. Finally, a doctor’s report or coroner’s autopsy will determine the specific medical emergency that took place.

Who is liable in a medical emergency car accident?

The driver who is at fault for a car wreck is usually liable for any injuries that they cause. However, a driver who caused an accident after a medical emergency may try to prove they were not at fault because the emergency was beyond their control.

Officials expect that car insurance rates in Florida will increase by an average of $80 this year. Why? Florida leads the nation in staged car wrecks, and these insurance scams are costing Floridians billions of dollars.

As the economy has declined, the number of fake accidents in Florida has been growing. Between 2009 and 2010, there was a 77 percent increase in the number of staged accidents. Why does this happen?

Some people believe that Florida’s no-fault auto accident insurance law makes it easier for criminals to get by with staging accidents in Florida. No-fault insurance means that insurance companies must pay up to $10,000 per victim for injuries, no matter who is at fault. If two cars with four occupants each stage a crash in West Palm Beach, the insurance company could pay $80,000 in damages.

However, staged accidents can be dangerous. No one can predict how an accident will turn out. In 1997, an entire family was killed when their station wagon was crushed between two trucks staging an accident on a California freeway.

You can’t prevent staged accidents, but you can avoid becoming a victim. Here are six tips from Craig Goldenfarb, an autoaccident lawyer in West Palm Beach:

• Avoid tailgating. A common staged accident scenario is the “swoop and squat.” A driver suddenly pulls in front of another car and then slams on his brakes to cause an accident. Leave plenty of distance between you and the vehicle in front of you so you have time to stop if the other driver unexpectedly stops.
• If you are involved in a Florida car crash, call the police and file an accident report. Do this even if damage is minimal. This makes it more difficult for the dishonest driver to intentionally damage his car in order to collect a larger insurance settlement.
• Use your camera or cell phone to take pictures of the scene. Photograph everyone involved in the accident, including any passengers. Photograph the damage to both cars. If the other driver objects, ask the officer at the scene to help you.
• Get the other driver’s name, address, phone number, and car insurance information. Ask for his driver’s license number and vehicle registration information. Write down his license plate number and the make, model, and color of his vehicle.
• Remember that any doctors, lawyers, or tow-truck drivers at the scene may also be part of the scam. Never allow your vehicle to be towed by a company that you didn’t call to the scene.
• Never agree to settle with cash, even if you think the accident might be your fault. Report the accident to your own insurance company.
• If you were seriously injured, you may want to discuss your accident with a car accident lawyer in West Palm Beach. If you believe you were part of a staged accident scam, he may be able to help you find evidence to prove your claim.

The Law Offices of Craig Goldenfarb offer free consultations to Florida accident victims.

No matter how safe of a driver you are, some car crashes can’t be avoided. Do you know that following a few simple safety tips can greatly increase your chances of surviving a West Palm Beach car crash?

Our accident attorneys in West Palm Beach give these tips:

1. Wear your seatbelt. Almost half of fatal Florida car crashes involve drivers and passengers who are not wearing seatbelts at the time of the crash. In a West Palm Beach car crash, seat belts are your best defense against serious injury and death. If you don’t buckle up, not only do you endanger yourself, but you endanger others. If you are thrown into another person in a high speed crash, they could be crushed and killed.So, wear your seatbelt properly. Make sure that it is buckled across your lap, not your stomach and that the shoulder belt rests on your shoulder. This will prevent you from slipping under the seatbelt.
2. Make sure your headrest is properly adjusted. The top of the head restraint should be even with the top of the head. Adjust your headrest so it is as close to your head as possible.
3. Sit as far away from the steering wheel as possible.
4. Make sure your child is restrained in an approved child safety seat. You can learn more in our articles, “Florida Car Seat Law: What You Need to Know to Keep Your Child Safe” and “Not All Car Seats Are The Same: How To Choose A Car Seat”. Children who are restrained in seatbelts can slip out from under the belt and become missiles. An improperly seat belt can cause serious internal injuries and spinal cord damage.

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Nationwide, traffic accidents are the leading cause of death and injury for children between the ages of one and twelve. In 2009, eighty-eight children were killed inFlorida highway crashes. The true tragedy is that half of these deaths could have been prevented had the child been in an approved car safety seat or wearing a seat belt.

According to National Highway Transportation Safety Administration (NHTSA) research, a properly installed and used child safety seat reduces a child’s chances of death in an accident by 71% for infants and by 54% for toddlers ages one to four. However, the NHTSA estimates that at least 72% of child vehicle safety restraints are being used incorrectly increasing the child’s risk of injury.

In Florida, all children age five or under must be restrained in a car seat or safety belt. Children ages three and under must be in a child seat or booster seat. Children age four and five may use a car seatbelt. Florida’s car seat law is not as comprehensive as car seat law in most other states, and it may not provide adequate protection for your child.

Car seat experts recommend that all infants be restrained in rear facing car seats with a five-point harness until they reach the weight or height limit of their seat. Infants should weigh at least 20 pounds and be one year of age before being moved to a forward-facing seat. However, a rear-facing seat offers better neck protection for young children, so don’t be in a hurry to turn a convertible car seat around.

Once a child is too large for their rear-facing car seat, they can be moved into a forward-facing seat. These seats should also be used until the child reaches the limits of that seat. Most seats reach that limit when the child is around four years old and 40 pounds. However, many seats have a higher weight limit which extends their protective benefits.

A child who has outgrown his car seat should use a booster seat in a rear seat until he reaches 4 feet 9 inches and eighty pounds, the height at which vehicle safety belts properly fit across the upper thighs and shoulders.

Children under the age of thirteen should always ride in the back seat.

It is truly a tragedy when a child is injured or killed in a traffic accident. A car seat is the best protection you can give your child.

If your child has been injured or killed in a West Palm Beach traffic accident, South Florida accident attorney Craig Goldenfarb would like to help you get the accountability and compensation you deserve.

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Drowsy driving causes about 100,000 car accidents each year. Nearly everyone has driven while tired. Maybe they were up all night with a crying baby, not feeling well, or just couldn’t sleep – but they still had to drive to work the next day. Like many people, you may think a cup of coffee will keep your drowsiness under control, but it may not. Keep reading to learn about why this isn’t true and for the truth behind other drowsy driving myths.

Myth #1: “Drinking a cup of coffee will help me overcome the effects of drowsiness so I can drive safely.”

Drinks like coffee that contain caffeine can make you feel more alert. If you normally get enough sleep and are a little tired after one late night, a cup of coffee may help you through your commute. But the effects of caffeine last only for a short time. People who are seriously sleep-deprived are likely to have “micro-sleeps” -brief lapses that last 4-5 seconds, even if they fuel up on coffee. That 4-5 seconds is plenty of time for an accident to occur.

Myth #2: “I can tell when I’m falling asleep, and I’ll pull over.”

Most people believe that they can control their sleep. But, this isn’t true. In one study, 80% of the participants said they could predict when they were about to fall asleep, and they were wrong.

Sleep is an involuntary reaction. Drowsy drivers can fall asleep and never even know it. When you’re behind the wheel, being asleep for even a few seconds can be deadly.

Myth #3: “I’m young! Young people need less sleep. I’ll be ok.”

Are you surprised to learn that males under 25 are the greatest risk of falling asleep at the wheel? In fact, half of the victims of drowsy-driving related crashes involve drivers under 25.

Myth #4 : “If I’m a safe driver, it doesn’t matter if I’m sleepy.”

A safe driver is an alert driver. Even a normally safe driver can become confused or use poor judgement when they are sleepy. And a sleeping driver can’t make decisions at all.

Myth #5: “Sure, I’m a little tired, but I get plenty of sleep.”

Most of us don’t get the sleep we need. The average person needs at least seven or eight hours of sleep a night. If you go to bed late and then wake up early for work, you probably are building up a sleep debt. If you spend eight hours in bed, but wake up feeling tired, you may have a medical condition such as sleep apnea that is preventing you from getting enough sleep. Whatever the cause of your fatigue, avoid driving when you feel drowsy.

It is important to know that drinking an alcoholic beverage amplifies the effects of fatigue. To a tired person, one drink can have the effect of four or five drinks. Don’t drink and drive if you are tired – even if you’re sure your blood alcohol is below the legal limit.

If you have been injured in a West Palm Beach car crash caused by a drowsy driver, you may be entitled to compensation for your injuries, lost wages, property damage, pain and suffering and other losses.

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Nationwide, there are five driver behaviors that cause the majority of car accidents. These are:

1. Speeding
2. Distracted Driving
3. Drunk Driving
4. Aggressive Driving
5. Driver Fatigue

Speeding

When a driver is speeding, his ability to approach and adjust to curves or objects in the road is reduced. Speeding decreases the time a driver has to react to a potential danger and increases the distance necessary to stop a vehicle. Most of all, speeding increases the energy released in a car crash, so it increases the likelihood of serious injury and death. According to statistics compiled by the Insurance Institute for Highway Safety (IIHS), a speed increases from 40 to 60 mph causes the energy released in a car crash to double.

National Highway Traffic Safety Administration (NHTSA) statistics indicate that speeding is a factor in almost one-third of car crashes.

Distracted Driving

Driver distraction is a factor in at least one-quarter of U.S. traffic accidents. Distracted driving is of so much concern that U.S. Transportation Secretary LaHood declared distracted driving an epidemic. He is leading national efforts to ban driver distractions such as text messaging and handheld cell phone use while driving.

According to NHTSA data, use of a wireless device while driving is the number one source of driver inattention. Recent studies show that talking on a cell phone while driving slows a driver’s reaction time as much as a 0.08 BAC and quadruples a driver’s risk of being involved in a car crash.

Cell phone use is just one form of driver distraction. Other causes of West Palm Beach distracted driving accidents include:

• Slowing down to look at an accident (16%)
• Distracted by surrounding scenery (10%)
• Children or other passengers (9%)
• Adjusting your music player (7%)
• Reading while driving (2%)

Drunk Driving

Four young people under the age of 21 die every day due to alcohol-impaired car accidents. In 2009, 9,813 or 32% of all fatal crashes involved a driver under the influence of alcohol.

Aggressive Driving

Reckless or aggressive driver behavior is a common cause of car accidents. Aggressive driving includes “road rage” and behaviors such as rude gestures, frequent lane changes, aggressive tailgating, deliberately preventing another driver from passing, flashing lights at other drivers, failure to regard right-of-way signs, and disregarding traffic signals. These behaviors can lead to serious car accidents.

Driver Fatigue

According to the NHTSA, tired and drowsy drivers cause nearly 100,000 accidents every year in the U.S. Most of these accidents occur between 11 p.m. and 8 a.m.

All these causes of accidents are avoidable!!!

If you have been injured or lost a loved one in a South Florida car accident and the other driver was speeding, distracted, under the influence, aggressive or tired, you have rights. Contact the Law Offices of Craig Goldenfarb, P.A. to schedule a free appointment with a West Palm Beach car crash attorney.

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