Category: Auto Accidents

what to do if you are involved in a major auto accident

  • Do You Have Enough Insurance to Cover Your Car Accident Costs?

    When you bought your car insurance, you probably searched the internet or called several insurance agents and chose to buy the insurance that was offered at the lowest price. This is what most people do. Money is tight, so we look for a good deal. But, low cost insurance may not be a good deal if you don’t have enough coverage in the event of a West Palm Beach auto accident. How much insurance is enough insurance?

    First, why do you need insurance?

    If you are like most people, you bought car insurance because it is required by Florida law. The main reason for insurance is to protect you from having to pay damages out of your own pocket if you cause an accident.
    Florida law requires that the driver responsible for a Florida car crash pay the damages associated with that accident.

    Can you imagine having to pay your own medical bills and repairs to your car out of your own pocket? It would certainly make a dent in your budget. What if you also had to pay another person’s medical bills and property damage and had to compensate them for time missed from work and other possible expenses? You may end up having to re-mortgage your house or worse. Purchasing insurance protects you from the financial obligations of an accident. When you have insurance, the insurance company assumes responsibility for paying damages up to the limits of your coverage. If damages exceed the limits of your coverage, the injured person can hire a West Palm Beach personal injury attorney to sue you in civil court for any damages you cause above your insurance limits. Those damages may come out of your personal assets.

    If you are injured in a car accident and another driver is at fault, that driver is responsible for paying your medical bills, car repair expenses, and reimbursing you for time lost from work. Usually, the driver’s car insurance company pays these expenses up to the limits of their coverage. But, what if they don’t have insurance?

    You can hire an auto accident attorney in West Palm Beach to sue that driver for damages. But if the driver has no money or no assets, you will not be paid.

    Auto accident attorney Craig Goldenfarb suggests that you review your insurance policy and check that you are covered regardless of who causes the accident.

  • Distraction and Pedestrian Accidents

    Experienced injury lawyers in West Palm Beach (and elsewhere in Florida) often spend a fair amount of time identifying the root causes of pedestrian accidents. Whether an elderly driver hit you while you were crossing at a crosswalk, or you experienced a catastrophic, nearly life-ending injury when a bus hit you, you would like to protect your ability to collect damages and hold any negligent or careless driver (or other party) responsible.

    To solve your problem, however, you and your West Palm Beach pedestrian accident lawyer will need to probe precisely what happened, listing all the possible explanations for the accident that the defense may put forward.

    Distracted Pedestrians – A Major and Growing Problem?

    Today, pedestrians and drivers operate in a “distraction-rich” environment. Few Floridians have the willpower to go for long without their cell phones, Twitter accounts, Facebook feeds, computers, video games, and other gadgets. Beyond technology, we are bombarded with thoughts and information in ways we were never meant to handle. If you were distracted when someone hit you – talking or texting on your cell phone, for instance – the defense may try to use this against you to prevent you from getting compensation.

    To protect yourself against these and other counter arguments, consider retaining the compassionate, experienced, and highly reputable pedestrian accident attorneys at the law offices of Craig Goldenfarb. Call 1-(561) 600-5605 now, or get our free Florida car accident victim kit onsite.

  • Distracted Driving: Statistics Are Only Part of The Story

    As I write about distracted driving accidents, I find it hard to get a good statistics for the number of crashes and fatalities attributed to distracted driving. Estimates of the percentage of fatal crashes involving distracted drivers range from 10% to 80%. How serious of a problem is distracted driving? Even the experts can’t agree.

    The National Highway Traffic Safety Administration (NHTSA) tracks statistics for accidents across the United States. In 2009, the NHTSA reports that 5,400 people were killed in crashes involving distracted driving; 995 of these accidents involved a handheld phone. In addition, that year, 448,000 people were injured in distracted driving crashes. But, the NHTSA admits these numbers are an underestimate. Only accidents in which the distraction was recorded by police officers were counted. Currently, only 34 states ask police departments to identify distraction on their reports; the level of detail varies from state to state, as does the recording process. Even if recorded, the incidence of distracted driving may not be entered in a state’s accident database.

    David Teater, a parent of an accident victim and an employee of the National Safety Council, compared reports from over 200 distracted driving accidents involving cell phone uses. He found that only half of these accidents were recorded in the NHTSA database.

    To solve the problem of under-reporting, safety officials are trying to standardize the accident information collected by police across the United States. They are also recommending that police obtain cellphone records for the minutes before an accident.

    So what do we know about distracted driving accidents? We know they are increasing. In 2005, distracted driving accounted for 10% of the crashes recorded in the NHTSA database. In 2009, it accounted for at least 16%.

    Were you injured by a distracted driver in West Palm Beach? You can learn more about driver distraction in our article, “Driver Distraction in West Palm Beach: How Much of a Problem is Driver Distraction?” If you’d like to discuss your accident with an accident attorney in West Palm Beach, contact the Law Offices of Craig Goldenfarb and ask to schedule a free consultation.

  • Child Passenger Safety Week: Is Your Car Seat Installed Correctly?

    September 18-24 has been designated National Child Passenger Safety Week. Is your child safe in his car seat? You may be a surprised. A recent study has found that many car seats are not properly installed.

    Last week, Safe Kids USA released the results of a study based on data from 79,000 child safety seat inspections that occurred over a one year period. The study, the largest of its kind, looked at whether children were using the appropriate seat for their size and age and whether the seat was properly installed.

    Is your child in the right car seat?

    According to the study, parents are doing a better job keeping children rear-facing until the age of two. Yet, many older children showed up at car seat checkpoints in the wrong seat for their age and size – or in no seat at all. Lack of a safety seat was a significant problem for children ages seven and eight, who should have been in booster seats. Florida car seat law only requires that children under three be restrained in car seats; however, the American Academy of Pediatrics (AAP) and the National Highway Transportation Safety Administration (NHTSA) recommend that children use a booster seat until they are four feet nine inches tall.

    Learn which safety seat your child should be in in West Palm Beach car crash lawyer Craig Goldenfarb’s article, “Florida Car Seat Law: What You Need to Know to Keep Your Child Safe.”

    Is your car seat properly installed?

    The biggest safety concern noted by the study was that that less than one-third of forward facing safety seats were installed using a top tether. When a top tether was used, it was used correctly only 59% of the time.

    The top tether helps keep the seat securely in place and provides extra protection in the event of a West Palm Beach auto accident by reducing the forward movement of the seat and the child’s head. The top tether is part of the LATCH (Lower Anchors and Tether for Children) system. It looks like a long seatbelt strap that is attached to the top part of the car seat. A hook on the strap attaches to an anchor on the vehicle. The anchor for front-facing installation is usually located on the floor behind the seat or on the back of the seat. If you can’t find the tether anchor, check your vehicle’s instruction manual.

    LATCH anchors should not be used for children who weigh more than 48 pounds.

    Get your car seat checked!

    Car accidents are the leading cause of death for children age 3-14. A properly installed safety seat or booster seat can reduce a child’s risk of death or serious injury in a West Palm Beach car wreck by up to 71 percent.

    Installing a car seat can be difficult, as many instruction manuals are confusing or unclear. But parents can get help. Many local fire departments have free car seat checks. The seat check takes just a few minutes, and the technician will show you how to install your car seat so it offers the best protection for your child. Call the fire department nearest you to schedule an appointment.

    West Palm Beach car crash lawyer Craig Goldenfarb helps children who are injured in car accidents

    Was your child injured in a West Palm Beach car accident? You may be entitled to receive compensation for your child’s injuries – even if your child wasn’t in a safety seat. To discuss your child’s Florida accident claim, contact the law offices of Craig Goldenfarb and ask to schedule a FREE consultation with a West Palm Beach car crash lawyer.

  • Aggressive Drivers: Danger on West Palm Beach Highways

    We’ve all been annoyed by aggressive drivers: the drivers that refuse to yield, follow too closely, make dangerous lane changes, pass on the wrong side, or run red lights as they hurry to get to their destination. But these drivers are more than annoying; they are a major cause of deadly West Palm Beach traffic accidents.

    Every year, an average of 27,000 people are killed because of aggressive driving. According to the National Highway Traffic Safety Administration (NHTSA), about 66 percent of all motor vehicle accident deaths are caused by aggressive driving behaviors. Aggressive driving is responsible for four times as many deaths as drunk driving.

    Florida Statute 316.1923 defines aggressive driving as committing two or more of the following acts either simultaneously or in succession:

    • Exceeding the posted speed by 15 or more miles per hour
    • Unsafely or improperly changing lanes
    • Following another vehicle too closely
    • Failing to yield the right-of-way
    • Improperly passing
    • Violating traffic control and signal devices

    Driving aggressively is a choice. It is not the fault of other drivers or of circumstances; however, certain factors are linked to aggressive driving are:

    • Traffic problems, crowded roads, traffic jams
    • Stress
    • Feeling rushed or running late
    • Delays from road work
    • Sleep deprivation

    Aggressive drivers put everyone in danger. Aggressive driving behavior is not the fault of other drivers, but following traffic laws and being courteous can help prevent you from becoming the victim of an aggressive driver:

    Aggressive Driving is not the same as “Road Rage”. But, in some circumstances, it can precede or cause road-rage. Road Rage is the criminal assault by one driver or passenger of a motor vehicle on another driver passenger of a motor vehicle. About 200 deaths a year are attributed to road rage.

    You can’t change the attitudes of other drivers, but you can follow traffic laws and drive safely.

    • Always merge with plenty of room.
    • Never cut people off.
    • When you are in the left lane, let others pass – even if you are going at the speed limit.
    • Don’t use obscene gestures.
    • Drive defensively.

    If you are the victim of a West Palm Beach aggressive driving accident, you need an experienced Florida accident attorney to make sure your rights are protected. In many cases, the aggressive driver’s insurance is responsible for your medical costs, lost wages, pain and suffering, and other damages. However, even if the other driver is clearly at fault, the insurance company may try to put the blame on you in order to reduce costs.

    Don’t let the insurance cmpany take advantage of you; contact West Palm Beach accident lawyer Craig Goldenfarb.

  • PIP Rates Increase, Despite Reform

    Could you be affected by the PIP rate increases in 2013? That will be the reality for many insured drivers in Florida. After reviewing the first round of filings submitted by insurers to the state’s Office of Insurance Regulation it appears most are increasing their PIP rates, despite the new legislation pushed by Gov. Rick Scott this spring.

    At least half of the first half-dozen filings approved by Florida regulators show an increase in PIP rates up to 26.3 percent. Not the anticipated result of the Governor’s legislation, which was supposed to lower auto insurance rates after sharp reductions in personal injury protection benefits. Some did see this coming however, such as Bill Newton, executive director of the Florida Consumer Action Network, who says, “We told you so.” He states, “Bottom line, consumers have lost benefits and many will see premium increases, not decreases.”

    Proponents of Gov. Scott’s legislation claimed it would lower costs for drivers by cracking down on up to $1 billion in fraud. But critics including Newton said the law was just a favor for insurers, who will still collect premiums for a state mandated $10,000 PIP coverage, but must pay fewer benefits. The law eliminates massage and acupuncture and limits non-emergency care to $2,500.

    Those with approved PIP increases include Florida Farm Bureau (8 percent), MGA Insurance (3.9 percent), and Agency Insurance (26.3 percent).

    Those with decreases include United Fire and Casualty (15.2 percent), Hartfod Insurance of the Midwest (15.2 percent for AARP renewals only), and Philadelphia Indemnity (10 percent for collector vehicles).

    Given the upcoming PIP changes, it’s important that every Florida driver review their policies to see how they will be affected. If you or someone you know is injured in an accident you’ll want to have the most up-to-date information regarding the limits of your insurance coverage before you need treatment. Please contact us at the Law Offices of Craig Goldenfarb if you have questions about what to do after an automobile accident.

  • How Much Does The Average Car Accident Cost?

    How Much Does The Average Car Accident Cost?

    This is a hard question to answer. Car accidents can potentially cost drivers large amounts of money, but there are Florida car accidents that do very little damage. A fender bender may cost $100 to fix or $500. Because the cost is low, many of these accidents go unreported in order to avoid increased insurance premiums. Other accidents are so serious that the cost in human lives and lost opportunity is impossible to calculate.

    Minor Car Accidents

    A minor car accident is considered an accident where there are no physical injuries and the damage to the vehicle can be repaired. Most minor car crashes usually end up costing the driver between $200 and $1000.

    Serious Car Accidents

    When a car accident involves bodily injury and/or leaves the vehicle inoperable, it is considered a serious accident. When medical bills, property damage, and lost wages are totaled, the cost of a serious a serious West Palm Beach accident is usually over $5,000. An accident resulting in disabling injuries or death can cost significantly more.

    Even if you are at fault, if you have adequate insurance, your personal the cost of the accident should be limited to the amount of your deductible. Learn if your insurance coverage is adequate in our article: “An Auto Accident Attorney in West Palm Beach Asks: Do You Have Enough Insurance to Cover Your Palm Beach County Car Accident Costs?”