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A “proximate cause” is a legal term for the closest reason why the bad thing happened. In the context of personal injury cases, a plaintiff must prove that the defendant’s negligence was the closest reason why she was injured. The closest reason is distinguished from other possible reasons for the injury. For example, if you were struck by another vehicle …

When is it smart to hire an attorney after a car accident? If there was no injury in the accident, you probably do not need an attorney. For minor injuries that heal quickly and do not significantly interfere with life, you probably do not need an attorney, but make sure that a doctor has confirmed the true extent of your …

The Florida Department of Transportation defines “distracted driving” as “any mental or physical activity that takes the driver’s focus off the task of driving.” However, when the typical Floridian speaks of distracted drivers, they are generally referring to those who are texting while driving, talking on handheld devices while driving, or fiddling with the car’s dashboard while driving. But one …

On July 1, 2013, new federal hours-of-service regulations issued by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) went into full effect. The regulations were first announced in December of 2011 and trucking companies had about 18 months to come into compliance with the new hours-of-service requirements. These regulations are the tightest yet. Essentially, the 82-hour maximum …

Senior citizens get fractures from falling more than anything else. Falls are also the most common cause of traumatic brain injury in senior citizens. Once a senior falls the first time, it generally leads to a greater fear of falling which leads to decreased activity which increases the chances that a senior will fall again due to muscle weakness. Falling …

The two most common causes of car accidents in Florida are negligence and distracted driving, but a third leading cause of accidents is road rage. “Road rage,” as a term, came into popular use in the late 1980s when a string of traffic-related shootings occurred in the Los Angeles, California area. Today, it typically refers to aggressive driving including tailgating, …

  See Our Official Press Release – HERE Coral Gables, Weston, Dayton Beach, FL – Brill & Rinaldi, The Law Firm, announced Friday that managing partner David Brill was recently nominated as a finalist for the 11th annual Most Effective Lawyers award by the Daily Business Review in the practice area of medical malpractice. The Daily Business Review is South Florida’s …

The Florida Highway Patrol (FHP) has announced a new safety program called Ticketing Aggressive Cars and Trucks (TACT) under which they will be attempting to reduce crashes and injuries involving commercial vehicles. The program includes outreach and targeted enforcement. 88% of the time, fatal crashes involving large commercial trucks are caused by driver error, as opposed to vehicle defects or …

According to a 1997 NHTSA study, when people over 65 made up 9% of the population, they accounted for 14% of the traffic fatalities. According to USA Today, analysts predict that by 2030 people over 65 will be involved in 25% of all traffic fatalities. This is partially due to the fact that the older population is growing faster than …

States across the U.S. have passed various types of bans on texting and cellphone use while driving. 14 states (not including Florida), plus D.C., Puerto Rico, Guam, and the U.S. Virgin Islands have banned hand-held cell phone usage and have made it a primary enforcement law so that officers can cite you for this alone. In those states, you have …

Taxicab drivers are employees of the taxi company for which they drive. The taxi company generally insures both the employee and the vehicle. If the driver is injured on the job, he or she can make a workers’ compensation claim. If he or she gets into an accident, the taxi’s insurance policy covers all injured parties or property. This is …

According to studies, 90% of car crashes are caused by human error. Lawmakers, insurers, and manufacturers would like to prevent as many accidents as possible, so as technology marches forward, cars receive more sophisticated automation features. Some popular features include parking assistance, electronic stability control, blind-spot monitors, collision warning systems, and lane departure warning systems. Microchip and software maker, Mobileye, …

We rely on speed limits to keep us safe by regulating the flow of traffic and discouraging drivers from traveling at dangerous speeds. Unfortunately, however, speed limits alone cannot prevent all car accidents. This is because, while speed limits have a limiting effect upon the speeds at which individuals drive, they do not regulate or anticipate all the forms of …

There is good news for Florida’s drivers: Truck crash avoidance technology may soon be available.  Installation of collision avoidance and mitigation braking technology in new trucks and buses rated at 10, 000 pounds or more GVW may soon be required by the National Traffic Safety Administration (NHTSA). The new technology, termed “F-CAM” systems, is expected to significantly decrease truck-related crashes. …

In Florida, the resolution of a personal injury or wrongful death claim takes on an additional degree of complexity when the individual harmed is a minor. This complexity takes the form of additional procedural requirements imposed by state law. A personal injury claim arises when one is injured by the carelessness, recklessness, or the intentionally wrongful act of another. A …

Deciding whether to accept an insurance company settlement in the wake of a car accident depends on several factors, some of which are directly related to the laws of the state in which the accident occurred.  Some states allow car accident victims more leeway in the settlement process, while other states limit and regulate it. In Florida, there are two …