Car Accidents

Published on: April 4, 2017

Distracted Behind the Wheel

Traffic deaths are on the rise and for the first time in a decade, car accident fatalities in the United States have exceeded 40,000 in a year. The most obvious culprits are drivers who are text while behind the wheel, and according to the Federal Communications Commission at any given point during daylight hours around 660,000 drivers are using their cell phones. In 2014 alone, 3,179 people in the United States were killed in an crash that involved a distracted driver and nearly about 431,000 were injured, making up nearly 20% of all crashes that year.

The increased use of cellphones has contributed to the increase in distracted driving collisions and lawmakers around the country have responded with various bans and restrictions. There are 14 states that currently ban handheld cellular devices, 37 states that ban cell phone use for teen and novice drivers, and 46 states ban text messaging for drivers. Continue reading

Published on: October 24, 2016

Need a Lyft or an Uber?

by Friedland | Carmona

Uber and Lyft have increasingly become a streamlined part of everyday life for a majority of people looking for an inexpensive and convenient way to get around. Uber has over 15.6 million users a month in the United States and is a prominent transportation option for most of us who live in the Miami-Dade, Hollywood, Fort Lauderdale and other surrounding areas.Uber and Lyft are helpful and convenient but what happens when your ride doesn’t go as smoothly as planned? Both ridesharing companies employee the general public to use their own vehicles in conjunction with the Uber or Lyft platform to transport passengers and make a little extra money. Uber and Lyft operate a service that puts every customer in the car of someone they do not know. So, when there is a car accident and an Uber or Lyft customer is in the car during the accident what can they do?
Many people are surprised to hear that Uber and Lyft both provide additional insurance to their drivers. The companies require their drivers to carry specific insurance based on the type and frequency of services they plan to provide and based on the car they own. Additionally Uber provides $1 million of liability coverage per incident, $1 million of uninsured/underinsured insurance, comprehensive and collision insurance, no-fault coverage is provided in some states and coverage for bodily injury up to $50,000/individual/accident with a total of $100,000/accident and up to $25,000 for property damage.
It is very important to understand the urgency in reporting and filing your claim because there are limitations on how much time you have to take action before the opportunity expires. Contact the auto accident and personal injury attorneys at the Friedland | Carmona today to ensure you are properly cared for and potentially compensated for your accident.

Published on: October 12, 2016

Deadly Dressers

by Friedland | Carmona

Dressers leading to the death of small children sounds like a bad horror film. However, this unfortunate series of events has been a reality for at least three families so far. Sold in several small pieces requiring extensive instruction and a bit of time are the typical furnishings purchased from the Swedish company, IKEA.

IKEA is a leading furniture seller across the world and valued itself at over 11 billion dollars in 2012.¹ IKEA has been aware of the danger posed by the dressers and made a first attempt to remedy the defect by providing kits to every purchaser of the dressers with instructions to secure the dressers to the walls where they will stand. Unfortunately, this did not solve the problem and another infant death followed. After tragedy struck again IKEA made the decision to recall the dressers. The IKEA website describes the recall as follows.

The recall affects children’s chests and dressers taller than 23.5 inches and adult chests and dressers taller than 29.5 inches … manufactured and sold through June 2016 and include the 3-drawer, 4-drawer, 5-drawer and 6-drawer models. Other IKEA chests and dressers in this recall were sold at various times through June 2016.”

Published on: September 9, 2016

Advocating for Your Injured Child

by Friedland | Carmona

Sometimes a very unfortunate event affects those who cannot advocate for themselves because they are under the age of 18. If your child is injured on a playground, in a car accident, in a bicycle accident, at a store or in any way that results in a physical injury to your child and is someone else’s fault, you as their parent have the ability to bring a lawsuit on their behalf.

Children have the same access to remedies for harm to them as adults do and as their parents, you also have a right to recover medical expenses you incur while tending to the needs of your injured child.

Children have special rules in court. Some of these exceptions are:

Published on: August 27, 2016

Do I Still Have a Claim or Am I Out of Time?

by Friedland | Carmona

Someone rear ends you or hits you as your driving down the street. At the moment you don’t notice any pain or obvious injuries but as the weeks go on you notice discomfort in your neck, back, knees or other parts of your body. A common misconception among those injured in auto accidents in Miami is if they do not make the claim for injuries immediately after reporting the accident they are barred from recovery for injuries developed or intensifying in the future. Or you notice that the auto shop you took your car to for repairs did not adequately or completely make the fixes to your vehicle. These situations are common in the Miami- Dade, Coral Gables and all other surrounding areas in South Florida.

Every state has a statute of limitations that dictates how long a party has to bring a claim against those that injured them or breached the contract or duty owed to them. In Florida the statute of limitations includes but is not limited to the following:

Injury to Person	4 yrs. §95.11(3)(o)
Libel/Slander	2 yrs. §95.11(4)(g)
Fraud	4 yrs. §95.11(3)(j)
Injury to Personal Property	4 yrs. §95.11(3)(h)
Professional Malpractice	2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)
Trespass	4 yrs. §95.11(3)(g)
Contracts	Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k)
Judgments	20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a)

From: http://statelaws.findlaw.com/florida-law/florida-civil-statute-of-limitations-laws.html

For a more complete list of the applicable statute of limitations in Florida see Florida Statute 95.11

Statutes of limitations involve many exceptions and cross reference with other applicable Florida laws. To assist in what can be a difficult area to understand and navigate the Experienced Personal Injury Lawyers at Friedland | Carmona are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.

The South Florida personal injury attorneys at the Friedland | Carmona handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.

Published on: August 21, 2016

Do I Need a Personal Injury Lawyer?

by Friedland | Carmona

Personal injury law is utilized when someone causes physical harm to another and the injured wants to be made whole or compensated for that injury. The experienced attorneys at Friedland | Carmona provide free consultations to those who believe they may have a case and are seeking more information on the options available to them. Examples of situations when people normally seek personal injury lawyers in Miami, Coral Gables, and the surrounding areas include but are not limited to:

Auto accidents,

Trip and falls/slip and fall: There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. In any event, the plaintiff must have sustained some kind of injury, however minor, in order to collect, http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

Published on: July 11, 2016

Snapping and Driving in Miami Dade

by Friedland | Carmona

Snap chat is the new social sharing phenomenon that people cannot seem to get enough of. With daily filters, geotags, interactive platforms and story sharing, Snap chats over 100 million daily users have little time to do anything else with their day then snap it, including drive.

Snap chat is most popular between people ages 14-21 but is widely used across many age groups, including new and experienced drivers while they are on the road. Cell phones are the cause of one of every four car accidents according to USA TODAY and in Miami, that percentage is on the rise. Miami is already one of the most dangerous cities to drive in. The city leads to over 5% of Florida’s total reported auto accidents which equate to over 200,000 accidents annually.

Car accidents cost the United States over $871 billion a year on average. With costs that high, it is not hard to understand why states and the federal government are working to make the roads safer. However, more and more distractions are introduced to the smartphone daily. Drivers are distracted by these distractions leading to increased car accidents.

Published on: January 28, 2016

Car accidents are increasing annually: Here is what to do if you are involved in a car crash.

by Friedland | Carmona

In the state of Florida, there are over 16 million drivers and everyday more than 600 car crashes occur. According to the National Safety Council, an improving economy and lower gas prices are leading to more motorists on the nation’s highways and more fatal car accidents. As a result, the probability of getting into a car accident on your way to your job is increasing by the hour and if this were to happen to you, it is important that you have clear understanding of the steps you should take at the scene of the accident and immediately after in order to insure a speedy physical, emotional and financial recovery.

The following are our recommendations of the steps you most definitely take it you were ever to be involved in a car accident.

Published on: July 15, 2015

Check your Airbags! FL Drivers are the Most at Risk by the Takata Airbag Recall

by Friedland | Carmona

“Check your airbags”, was the message given by Mark Rosekind, the head of the National Highway Traffic Safety Administration at a news conference last Tuesday. According to Rosekind, Florida drivers are particularly at risk from the defective Takata air bags, since around three-quarters of ruptured air bags the agency has tested are coming from Florida.

Rosekind was visiting Orlando to encourage drivers to check if their vehicles are affected by recalls of Takata air bag inflators. “Record breaking recalls last year,” he said during a press conference at the UCF Emergency Operations Center. “Over 60 million vehicles recalled. People are talking about ‘recall fatigue.’ People are getting their notice. It goes on the kitchen table, and people aren’t acting.” He visits Miami on Wednesday.

At least eight people, including Hien Tran of Orlando, have been killed and 100 have been injured by Takata air bags, which can explode with too much force and spew shrapnel into the vehicle. The injuries from Tran’s minor car crash last fall were so bad local authorities first thought it might have been a murder scene. The report released by federal traffic safety investigators, who investigated the crash, confirms the inflator in Tran’s recalled Takata airbag in her Honda Accord exploded with flying fragments that killed her.

The federal agency announced today its investigation into another air bag manufacturer, ARC Automotive, Inc. The company’s air bags went into older models of Fiat Chrysler Town and County minivans and Kia Optima midsize sedans.

Drivers can see if their air bags are under recall at www.safercar.gov. Federal officials say drivers should go to a dealer immediately for a replacement, if necessary. Continue reading

Published on: June 11, 2015

As 2015 Hurricane Season begins, South Florida Roads become Deadly

by Friedland | Carmona

As “summer” is approaching and Hurricane Season begins, driving on Florida roads and highways is a dangerous stunt that can be deadly. Early this morning separate ends of South Florida were tied up with traffic as a result of 3 deadly automobile accidents.

In Broward County, just before 5:00 AM, Davie resident Everton Wayne Smith, age 43, swerved across the road, slamming into both barrier walls and hitting another car. According to the Florida Highway Patrol, Smith died on the scene. The other driver, North Miami Beach resident Jeanette Toro, age 35, was taken to Broward Health Medical Center for minor injuries. The accident was cleared by 10:30 a.m., but delays continued from the backup, said Florida Highway Patrol, Sgt. Mark Wysocky.