Articles Posted in Motorcycle Accident

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Miami and the surrounding areas are known as very active flourishing communities in many ways. One thing all of these areas have in common are avid bike riders. Many members of the community choose biking as their favorite past time, a more efficient form of transportation, or a way to preserve the environment. This all sounds like a great trait for a community until you look at the number of bicycle riders injured or killed yearly in the Miami-Dade and surrounding areas due to negligent drivers.

It is important to note that bicyclist have many responsibilities when riding on public roads, however if you are injured in a bicycle accident or hit by a motorist your injuries you may have a claim for damages from the party that injured you. These tragic accidents can result in a daily struggle to recover. Sadly, many times these accidents are fatal and the families of the riders must move forward without their loved one and manage the loss of income, support, and services the family member was previously capable of providing to the household.

If you or a loved one is involved in an accident involving a bicycle it is important to contact an experienced bicycle injury attorney as soon as possible. Your attorney will be able to evaluate the liability among all of the parties and guide you to the solution that will result in the greatest remedy for your situation. A family member that becomes disabled or injured will never be replaced with any monetary award however, these remedies will help in the transition for the rest of the family in managing their new daily way of living.

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  • 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.

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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.”

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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.

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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

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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.

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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.

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For anyone that has driven in South Florida, it might not be a surprise that Florida is one of the most dangerous states in the US to commute and drive in.  In South Florida especially, population density, confusing roads, and aggressive drivers are just some of the many factors that lead to some of the highest fatality rates on the road in any state in the US, only following the much larger states of California and Texas.  According to the Census Bureau and the Federal Highway Traffic Safety Administration, Florida ranks third among the states in fatal traffic accidents, with over 2,500 incidents of fatal accidents in the year of 2009 alone.  This number brings into focus the harsh truths about the Florida driving environment.

In a separate study comparing the fatal accident rates to that of drivers reported to be distracted, some more startling numbers come to light.  The census reports that upwards of 15% of fatal accidents involve at least one distracted driver.  These cases are the just the ones that actually reported that one driver might have been distracted in the official accident report, so the number in fact could be much higher, with police trying to soften the blow to families, and their reluctance to place blame at the scene of a fatal accident.  These numbers include motorcycle and big rig cases as well.  You can see more information about the Census Bureau’s investigation into transportation related incidents at census.gov.

So what all is distracting the drivers of Florida causing such high numbers of crashes and crash fatalities?  The main problems with distracted drivers include the prevalence of cell phone communication while driving (of which some is illegal in the state of Florida), talking and paying attention to passengers, changing of music, cds, or other media while driving, and sleep deprivation or sleepy drivers.  These factors can cause serious problems on the road, especially with the traffic situations like they are in South Florida day to day.   The Friedland | Carmona handles cases often where drivers, passengers, and even pedestrians and bikers are injured seriously by distracted drivers in South Florida.

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A Utah motorcycle police officer is in serious condition this week after a brutal crash between his motorcycle and a sports car. The Murray, Utah police officer was struck by a car turning on the street where the motorcycle was cruising, causing serious injuries to the officer, while not causing any visible impairment to the driver of the car. The officer is listed as in serious condition, but improving after both he and the driver were taken to a local hospital. Investigation into the causes of the accident were performed, but at this time there has been no determinations as to whether or not either party was at fault, or if charges will be leveled. You can read more about the Utah crash here.

Sadly, incidents like these indicate some of the major issues with motorcycle safety, especially when they share the road with other drivers. The woman driving the car claimed to have not seen the officer, which is a common complaint of drivers when motorcycles are involved in accidents. Cases like this sometimes bring up criminal and civil charges, as many drivers do not take the time to look closely for motorcycles and their vulnerable riders. It is imperative that drivers take their time and look carefully when driving, especially to check for hard to see drivers and riders like in the case above. Driving at full attention can mean the difference between a major collision and injuries, and a safe ride home for all around you.

South Florida is one of the most dangerous driving environments in the country, with high incident rates, and millions in damage and injuries every year. Negligent and inattentive drivers account for a huge portion of this damage, and create an even more dangerous driving experience in South Florida. If you or someone you know has been injured due to the fault of another, were injured and cannot collect insurance you believe you are owed, or believe you deserve compensation for an accident, collision, or slip and fall, call today!

The Friedland | Carmona has successfully represented many people injured by negligent drivers, including cyclists and motorcycle riders, and can effectively represent you or your loved ones during the troubling times that follow major accidents and injuries. Mr. Friedland and Mr. Carmona are both committed to making stressful times easier with effective representation, caring attitudes, and a strong command of the law surrounding personal injury. The expenses that follow a major accident or personal injury can be overwhelming, and the attorneys and staff of the Friedland | Carmona can help deal with the stress, making sure you get the money you deserve after a life-altering accident or injury.

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Hundreds of motorcycle riders arrived at the State Capital earlier this week in an effort to demand lawmakers enforce stricter punishment on motorists that injure bikers on the road. The motorcyclists are supporting bills in the Florida House and Senate that would provide for criminal punishment for any motorist who hits and seriously injuries a motorcyclist, bicyclist, or pedestrian.

The bikers engaged in one of the loudest demonstrations in Tallahassee as they road up US-27 and onto the Capital grounds. The rally was organized by Abate Florida, a motorcycle organization. Those present displayed their colors, and held the American flag to raise awareness of their message. A bell was rung numerous times; each time a name from a list of fellow motorcyclists who were killed in the last year was read aloud. One of those present, Josh Bear, was clearly upset. His brother, Jacob, died in an accident just six months ago.

Motorcyclists have been pushing for tougher punishment for motorists who strike and injure fellow bikers for several years. The response from lawmakers has been, “accidents happen.” Demonstrators say that policymakers have the power and the opportunity to make the roads safer for vulnerable groups of travelers, like motorcyclists, bicyclists, and pedestrians.

Bikers push for tougher penalties on motorcycle accidents www.weartv.com April 14, 2014

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