GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Tag: accident

  • Federal Agencies Investigate Fatal Crash Between Tesla and Semitrailer

    Federal Agencies Investigate Fatal Crash Between Tesla and Semitrailer

    [vc_row][vc_column][vc_column_text]On Friday, March 1, a crash involving a Tesla and a semitrailer led to the tragic death of the Tesla driver, 50-year-old Jeremy Banner of Lake Worth. The National Transportation Safety Board (NTSB) announced on Monday, March 4, that they a three-person team would conduct a safety investigation. An NTSB spokesperson said the team had already visited the crash scene, and the National Highway Traffic Safety Administration is also investigating the crash.

    Although the NTSB did not give specifics of their investigation, the crash is similar to one that occurred near Gainesville in May of 2016. In that incident, the driver of a Tesla Model S died when his vehicle went under a semitrailer and its roof was sheared off. After investigating that crash, the NTSB found design limitations in the Tesla’s autopilot system contributed to the accident.

    The Palm Beach County Sheriff’s Office accident report for last week’s crash doesn’t specify whether the Tesla’s autopilot feature was in use at the time of the accident. Tesla has said previously that while its autopilot and emergency braking features are meant to help motorists, drivers should still keep watch the road and be prepared to take control.

    Jeremy Banner died at the scene of the accident, and the semitrailer driver was unhurt.

    If there was negligence on the part of the semitrailer driver or the auto manufacturer, Banner’s family may have grounds to move forward with a civil Wrongful Death case. It is within the rights of the family to consult an attorney to investigate all possible claims of negligence, and to protect them from the insurance companies that may try to obstruct them from compensation they may be entitled to.

    The Law Offices of Craig Goldenfarb, P.A. is dedicated to protecting the rights of individuals and families that have suffered injuries due to the negligence of others. Our attorneys have more than 170 years of combined experience investigating and representing those who have suffered tragic loss or severe injuries.

    If you know a surviving family member of a person who was killed in an auto crash, please encourage them to call our firm immediately. The consultation is completely free, and there is no out-of-pocket cost to the family to hire us.[/vc_column_text][/vc_column][/vc_row]

  • How Are Pedestrians Compensated for Injuries?

    In Florida, if someone is hit in a pedestrian accident, usually they are supposed to turn to their No Fault Personal Injury Coverage under their own auto insurance policy for medical bills and lost wages. However, it’s very easy for this coverage to be exhausted after a stay in the hospital, or after being seriously injured. The next step is to see if the at-fault driver has coverage to pay for bodily injuries and property damage. If not, the final step is to turn to the plaintiff’s own uninsured and underinsured (UM) coverage.

    In this post, we explain PIP, BIL and PDL Insurance, and UM coverage and how they affect pedestrian accidents in Florida.

    Personal Injury Protection – Florida law requires all drivers to carry “Personal Injury Protection” or PIP Insurance, which covers policyholders in the event of an accident, regardless of fault (up to your PIP limits). In Florida, you’re required to carry a minimum of $10,000 PIP Insurance on your own policy; however, it may not be enough to cover your damages.

    Bodily Injury & Property Damage Liability – In the event of a pedestrian accident where the at-fault driver is insured, they may have elected to carry Bodily Injury Liability (BIL) Insurance and Property Damage Liability (PDL) Insurance. BIL Insurance pays for serious injuries or death experienced by others (the injured parties or plaintiffs) in a crash, whereas PDL pays for the property damage caused by the at-fault driver in an accident. If the at-fault driver has this coverage, it will usually take effect after the plaintiff’s PIP has been exhausted.

    Uninsured and Underinsured (UM) Coverage – Under Florida law, auto insurance companies are required to offer uninsured/underinsured motorist (UM) coverage. If policyholders don’t want to pay for UM coverage, they must sign a form stating they reject UM coverage. If a pedestrian has UM coverage on their own automobile insurance policy and they’re hit by an uninsured or underinsured driver, the plaintiff’s UM coverage typically kicks in once all other coverage has been fully utilized.

    Do I Use My Health Insurance? – Suppose you’re hit by a car while you’re on foot. If you have health insurance, this is most likely the first place you’ll turn to pay your medical bills. Usually, the insurance company will turn to the at-fault driver’s insurance to seek reimbursement for the policyholder’s medical expenses arising from the accident.

    What if I was working at the time of the crash? If the pedestrian accident occurred while you were working, your employer’s workers’ compensation insurance company may be required to compensate you as well by approving workers’ comp benefits.

    To learn more about filing a pedestrian accident claim, contact the Law Offices of Craig Goldenfarb for a free case evaluation.