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0 National Pedestrian Safety Month
National Pedestrian Safety Month The U.S. Department of Transportation marks October as National Pedestrian Safety Month. According to their website, “National Pedestrian Safety Month celebrates the right of everyone to walk or roll safely and reminds drivers of their responsibility to stay alert for pedestrians, cyclists, and other vulnerable road users.” This observance aims to bring awareness to the fact that walking is a part of most people's day. A pedestrian can be your neighbor, co-worker, mother, child, or spouse. A pedestrian can be anyone walking to get from one point to another. Pedestrian Accidents in Florida Walking as a form of transportation has increased steadily through the years. Unfortunately, so has pedestrian accidents. In 2021, Florida saw 9,552 pedestrian crashes, where 1,450 caused severe bodily injury. This is up from 2020, which reached 8107 documented pedestrian crashes. Sadly, there were 847 fatal pedestrian accidents in 2021. That is up from 2020 which saw 712 fatalities. Smart Growth America Study Every year, the Dangerous By Design 2022 report from Smart Growth America highlights the “preventable epidemic of people struck and killed by walking.” It is truly sobering to look at the declining pedestrian safety in the United States. Smart Growth America advocates for people who want to live and work in great neighborhoods. The authors of "Dangerous by Design 2022" say a "transportation paradigm shift" is needed in designing, building and operating streets and roads, and inertia is a primary hurdle. According to the report, “This epidemic continues growing worse because our nation’s streets are dangerous by design, designed primarily to move cars quickly at the expense of keeping everyone safe. The result in 2020 was a significant increase in all traffic fatalities, even with less driving overall due to the pandemic.” The report shows that over 6,500 people were hit and killed while walking in 2020 – a 4.5% increase over 2019. That is 18 pedestrians a day and 125 pedestrians a week. And although 2020 is the last year for which complete federal data is available, early estimates for 2021 place pedestrian deaths at nearly 7,500. If these numbers are correct, that would be a historic increase and a 40-year high. The Top 20 Most Dangerous States for Pedestrians This map highlights the 20 most dangerous metropolitan areas in the United States for people walking between 2016 and 2020, ranked by average yearly deaths per 100,000 people. The report goes on to say “As in previous versions of this report, metro areas within the southern half of the US account for a sizable portion of the top twenty most dangerous metro areas in the nation. The top 20 list includes 15 of that region’s major metro areas, including seven from Florida.” View the full report here: https://smartgrowthamerica.org/dangerous-by-design/#custom-tab-0-dfb73992c4f3855cd9d2b90982a7cc97 How Walkable Is Your Community? National Highway Traffic Safety Administration has created a walkabllity checklist to help you determine how safe your neighborhood is for pedestrians. The first step to the checklist is picking a place to walk. This can be a typical walk to the store, a route to school, or to church. The second step involves the checklist. The checklist document asks that you “read over the checklist before you go,and as you walk, note the locations of things you would like to change. At the end of your walk, give each question a rating. Then add up the numbers to see how you rated your walk overall. After you've rated your walk and identified any problem areas, the next step is to figure out what you can do to improve your community's score. You'll find both immediate answers and long-term solutions under "Improving Your Community's Score..." on the third page.” To download and print the checklist, click here: https://www.nhtsa.gov/sites/nhtsa.gov/files/walkingchecklist.pdf Pedestrian Safety Tips from National Highway Traffic Safety Administration When pedestrians are alert and drivers maintain safe speeds, accidents are prevented and neighborhoods become safer. The National Highway Traffic Safety Administration has compiled safety tips for both drivers and pedestrians. 8 Safety Tips for Drivers Look out for pedestrians everywhere, at all times. Use extra caution when driving in hard-to-see conditions, such as nighttime or bad weather. Slow down and be prepared to stop when turning or otherwise entering a crosswalk. Yield to pedestrians in crosswalks and stop well back from the crosswalk to give other vehicles an opportunity to see the crossing pedestrians so they can stop too. Never pass vehicles stopped at a crosswalk. There may be people crossing where you can’t see. Never drive under the influence of alcohol and/or drugs. Follow the speed limit, especially around people on the street, in school zones and in neighborhoods where children are present. Be extra cautious when backing up and look for pedestrians. 8 Walking Safety Tips Follow the rules of the road and obey signs and signals. Walk on sidewalks whenever they are available. If there is no sidewalk, walk facing traffic and as far from traffic as possible. Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning left or right. If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross. Watch for cars entering or exiting driveways, or backing up in parking lots. Avoid alcohol and drugs when walking; they impair your abilities and your judgment. Embrace walking as a healthy form of transportation - get up, get out and get moving. Learn more here: https://www.nhtsa.gov/road-safety/pedestrian-safety South Florida Pedestrian Accident Lawyer If you or a loved one has suffered injuries in a pedestrian accident, contact an experienced South Florida personal injury lawyer. Robert Gluck has been assisting victims of pedestrian accidents for nearly 30 years. His firm offers a free consultation to help you get all your questions answered. Click here to set up your free consultation or email him directly at [email protected].
0 Statute of Limitations for Car Accidents in Florida
Statute of Limitations for Car Accidents in Florida If you have been injured in an accident in Florida, the following days, months and years can feel overwhelming and confusing. While you are focusing on recovering from injuries sustained in the accident, the last thing on your mind might be filing a personal injury claim. While your health and recovery should be your main priority following an accident that has caused you injuries, you will also want to start to consider the necessary steps you will need to take to get compensated for expenses incurred due to the accident, including medical expenses, lost wages, and property damage. It is important not to wait too long because there is a time limit on how long you have to file a claim or lawsuit. Florida Statute of Limitations Every state has a statute of limitations in place. A "statute of limitations" is a law that places a time limit on how long after a car crash you have to initiate a cause of action such as a claim for personal injury or property damage. According to Florida Statutes section 95.11(3)(a), personal injury claims following the crash must be filed within 4 years of the date of the accident. When it comes to property damage, there is also a 4 year time restriction. It is important to note that there are different statutes of limitations depending on the situation. Statute of limitations may vary between car accident claims, crimes, and different types of personal injuries. For claims regarding wrongful death, the statute of limitations is 2 years. There may also be exceptions for the 4 year statute of limitations when it comes to injury claims, and an extension may be granted if the extent or circumstances of the accident warrant such. Why Limitations? While it may seem unjust or unfair to an injured victim that there is a time limit on filing a claim and seeking justice, there are several common-sense reasons why statutes of limitations are in place. The main reason is to prevent a plaintiff from the ability to take legal action against a defendant for an infinite amount of time. It is also considered unjust to bring a claim against a party for an accident that happened in the distant past. Another reason is that over time, evidence such as medical records and witness testimonies may be lost and eyewitnesses may not be available. Also, over time memories get cloudy and key evidence, such as a car that may have had a malfunction, may be repaired or sold before the case is initiated and an investigation can take place. Steps to Take After a Car Accident Seek medical attention Contact a personal injury attorney Document the scene and collect evidence Request a police report Florida Car Accident Injury Lawyer Florida's statute of limitations law can be complex to understand. If you are unsure of how long you have to file an injury claim, The Law Offices of Robert Gluck can help. While the last thing you may want to do after recovering from an injury is to begin legal proceedings, waiting to do so could be detrimental to your long-term recovery from a financial standpoint. It is in your best interest to contact an experienced Florida injury lawyer immediately after an accident. They are there to help you in all steps of your recovery. Call Robert Gluck today with any questions you have regarding your car accident case in Florida. He can be reached at (877) Gluck-Law.
0 How Does a Personal Injury Trial Work?
How Does a Personal Injury Trial Work? Leading Up to a Trial Generally speaking, the majority of personal injury cases will settle with the insurance company before a case will go to trial. Roughly 90% of personal injury claims are settled outside of court. Settlement negotiations are usually carried out between a lawyer and insurance companies. However, a few claims end up going to trial when the insurance company denies a claim or does not offer sufficient compensation for the injuries sustained. So long as the injured victim is within the statute of limitations (time limit to file a lawsuit set by the state), they can file a lawsuit in civil court. Why Do Some Personal Injury Cases Go To Trial? Personal Injury cases typically end up in court as a last resort. Preferably a lawsuit will enter negotiations, and then a financial settlement without ever having to go to court. Settlements are usually preferred over going to trial for many reasons, including: Quicker access to compensation Time-saving Less stress Guaranteed compensation Less risky Key Steps During a Personal Injury Trial Complaint - a legal document called the “complaint ” is typically the first step in any personal injury case. The person filing the lawsuit is referred to as the “plaintiff,” and the party the lawsuit is against is referred to as the “defendant.” The complaint will state the details about your accident and injuries, and alleges that the defendant was liable for the plaintiff’s injuries due to negligence. It should also include the types of damages the injured party is seeking. Answer - Generally speaking, a lawyer will be retained by the defendant's insurance company, and will file answers to any questions presented in the complaint. There are time limits for this, but the defendant can request extensions. Depositions - Depositions are testimonies taken under oath. They are usually carried out at a specific date and time and include questions by the lawyers on both sides to both defendant and plaintiff Witness and Expert Depositions - Any witnesses that may be involved as well as doctor’s statements will be taken. In some instances, experts are brought in for depositions. Discovery - Discovery is the formal exchange of evidence collected by both parties. This can include depositions, copies of specific documents such as insurance policies, medical records, photographs or videos, or anything else that may be used as evidence in the case. During the discovery period, either party may file a motion to delay the case, which should be expected, or they can agree to a settlement. They may even dismiss the case altogether. Typically discovery requests are filed at the same time as the ‘complaint’. Mediation - Usually the last step before trial is mediation. A neutral mediator attempts to negotiate a resolution to the case that is favorable for everyone. Going to Trial - If both parties were unable to agree on a fair settlement, then your case will go to trial. This means that a jury would listen to both sides of the story from the plaintiff and defendant. Both attornies will present the evidence they have gathered. The plaintiff must prove that the defendant breached Florida’s Duty of Care. After the jury has listened to arguments from both parties, they will make a decision as to whether the defendant is liable, or if your case doesn’t have sufficient evidence to back your claims and will be dismissed. If the jury sides with the plaintiff, they will determine the amount of compensation awarded to you. What to Expect During Your Trial After all the steps above have been carried out, the courts will place your case on a trial calendar. Attorneys for both sides will go through the process of selecting a jury. This involves asking a large group of potential jurors questions and then determining if anyone should be disqualified. Reasons for disqualification could be due to conflict of interest or reasons for bias. The judge will then give instruction to the jury, and the trial will begin. The jury’s job is to determine if a defendant caused the plaintiff’s injuries and how much compensation they should receive. The start of trial begins with the plaintiff’s attorney making an opening statement. The defendant's attorney will then follow with their opening statements. The case continues with the plaintiff displaying evidence that supports their side of the story. The defendant will be able to cross-examine any witnesses. The defendant will then have their turn. A typical trial will involve the attorneys from both sides submitting and cross-examining evidence about the case, including witness statements from depositions, expert testimonies, photos of the accident, and video footage. Both sides will give a closing statement, and then the judge will instruct the jury on how to apply the law to the circumstances of the case. The jury will deliberate and once unanimous agreement, they will present their decision to the parties. Timing of a Florida Personal Injury Trial Most personal injury cases that are not too complex are in trial for 2-3 days. More complex cases can take much longer than that. The entire process for a Florida personal injury lawsuit from start to finish can range from a few months to a few years. Personal Injury Settlement Types If your case settles outside of the courtrooms, it is considered an informal settlement. Cases that are decided by a judge and jury are called formal settlements. Informal settlements usually allow the plaintiff to receive compensation quickly, while formal settlements are a more drawn-out process. Florida Personal Injury Lawyer If a case goes to trial, it will be in your best interest to work with an experienced trial lawyer. Robert, for instance, has tried personal injury cases before juries throughout his 33 year career. Call him today for expert legal advice at (877) Gluck-Law. Don’t forget to visit our website www.robertgluck.com.
0 Why You Need A Lawyer for Personal Injury Cases | Personal Injury Lawyer Near Me
Ask a Personal Injury Lawyer Near Me: Why You Need A Lawyer for Personal Injury Cases Although you are not legally required to hire a personal injury lawyer for personal injury cases, there are many important reasons why doing so will improve the outcome of your case. We will cover the reasons Why You Need A Lawyer for Personal Injury Cases in this article. If you have been injured due to someone else's negligence, you have legal rights in place to protect you, and a lawyer can help you understand those rights. There are some personal injury cases that are too complicated to pursue on your own, and seeking the help of a lawyer is critical. Cases of severe and permanent injury almost always need a lawyer involved. However, there are some more straightforward claims that can be handled without a lawyer. There are a few reasons why you may not need a lawyer for a personal injury and can handle the case directly with the insurance companies, such as being fully recovered from any injuries sustained. However, most personal injury claims benefit from having an experienced lawyer on your side. Before taking on the job handling your own personal injury case, you may want to consider these things: Types of Injuries - If you have suffered minor injuries such as bruising or soft tissue damage, and you are fully recovered, settling a claim directly with the insurance company can be done without a lawyer. Liability - Has the other party admitted full liability? If so, make sure that it is in writing. If fault is not disputed, the case will likely be straightforward and can be handled on your own. Do you know what you're doing? - You don’t have to be an expert, but you have to understand the process and be prepared to spend a lot of time gathering evidence, talking to insurance companies and negotiating. Getting advice from a personal injury lawyer early on can help you take necessary steps throughout your recovery that can help you maximize your compensation. Why You Need A Lawyer for Personal Injury Cases Suffered Serious Injury - Sadly, common accidents, such as car accidents and slip / trip and fall accidents, often result in serious injuries such as broken bones, traumatic brain injury, neck or back injury, concussions, burns, and animal attacks, amongst other bodily injuries. In some cases, these injuries could leave victims with lifelong complications and struggles. Typical personal injury cases The Law Offices of Robert Gluck handle include the following: Automobile Accidents Trucks Accidents Motorcycle Accidents Bicycle Accidents Slip and Fall Accidents Pedestrian Accident Brain Injury Pool Accidents Burn Injuries Dog Bite Claims Protects You From Insurance Companies - When you try to handle a personal injury claim on your own, instead of having an experienced attorney representing you, you will be speaking directly with the liable party's insurance agents. While it may seem like they have your best interest at heart, their real interests lie in trying to save their company money. When you give them statements, you may be providing information that can harm your claim. A lawyer can protect you from insurance companies. Their experience can better evaluate your specific case so you can get maximum compensation for the injuries you suffered. Liability Disputes - A personal injury lawyer understands the legal requirements particular to your injury and case to prove liability. Your Florida injury attorney will handle all aspects of your case, including investigating your case and identifying those responsible. A lawyer knows what evidence is needed to prove fault. A personal injury lawyer can also help protect you against false injury claims of fault. If you believe the accident was partially or fully your fault, a lawyer will help protect you. Loss of Income - An effect of suffering severe injury, is loss of money and income. Medical bills and other expenses can get very high, very quickly. Severe and permanent injury can lead to missed time at work and the inability to perform one’s job. Accidents can sometimes lead to costly repair and replacement bills. Handles Complications - The more severe the injuries, the more complicated a case can become. Complications that arise during personal injury claims can be when multiple parties share the liability for the accident which caused your injury Your attorney can help you identify those responsible and seek compensation from each of them. Expert Negotiator - A lawyer will start by calculating a fair settlement amount. You want to find a lawyer who is a skilled negotiator. Being awarded the maximum compensation for your injuries should be a top priority. Your lawyer will help you recover money for medical bills, lost wages, expenses paid out of pocket, and other costs related to your injuries. If you or a loved one has suffered injuries that have left you temporarily or permanently disabled and left you suffering and with pain, then you should be more concerned with your recovery and getting well than fighting for your rights to fair compensation. Allow Robert Gluck to fight for you. Robert does not charge for an initial case evaluation. Call him right away at (877) Gluck-Law to get personalized legal advice.
0 Motorcycle Passenger Injury Claim
Motorcycle Passenger Injury Claim Motorcycles are becoming increasingly more popular in Florida every year. It is estimated that over the past 20 years, the number of annual motorcycle fatalities reported in Florida has doubled. Sadly, with increased popularity, comes increased roadway accidents. Motorcycles are used both as a form of recreation as well as a convenient mode of transportation. It’s not uncommon to find someone riding as a passenger on the back of a motorcycle. While riding with the wind in your hair on the endless stretches of highways and roads throughout Florida is certainly invigorating and thrilling, it also can be extremely dangerous to both the driver and any passenger on a motorcycle. Motorcycle Accident Statistics Motorcycles offer no outwardly protection from impact, as cars or trucks would. Because of this, motorcycle accidents often end with severe, permanent injury and even death. Nationally, an estimated 84,000 motorcyclists were injured in 2019, a 2-percent increase from 82,000 motorcyclists injured in 2018 (via NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION) In Florida, 2020 was a very deadly year for motorcyclists, with 600 reported fatalities. Passengers on motorcycles usually suffer the same types of injuries as the driver, if not more, since passengers lack any sort of control of the motorcycle. The long-term impacts of being involved in a motorcycle accident can last anywhere from months to a lifetime. Medical bills and lost wages alone can cause severe strain on anyone's life following a Florida motorcycle accident. Motorcycle accidents are terrible, and we urge anyone riding one to wear a properly fitting helmet certified by DOT at all times. Motorcycle Passenger Laws Helmet Laws - If you are over the age of 21 you are not required to wear a helmet while riding as a passenger on a motorcycle. However, you must have an insurance policy that covers at least $10,000. Footrest Laws -. All motorcycles designed to seat a passenger are required to have footrests installed for their passengers. This helps with balance and stability. Child Passenger Laws - Florida law allows children to ride on motorcycles. In fact, there are no age restrictions for children who ride on motorcycles. Children are required to wear a helmet. Carrying Extra Passenger Laws - there has to be a seat for the passenger or the seat must be meant for two. Another person is prohibited from riding on a motorcycle as a passenger unless the motorcycle is designed for more than one person. Motorcycle Passenger Rights After an Accident If you have been injured as a result of a motorcycle crash while riding as a passenger, you have the right to seek compensation for the injuries you have suffered. Not only that, but you may also seek compensation for damages such as lost wages, pain and suffering, and future medical needs. Hiring a lawyer who specializes in motor-vehicle-related injuries will help you maximize the money damages awarded to you. They will also help walk you through this difficult and stressful time so you can focus on healing and getting your life back to normal. An experienced Florida motorcycle accidents attorney will conduct a thorough investigation of the crash, and gather all the necessary evidence to help prove negligence. Who Is Liable? Since all accidents are different, it is impossible to say for sure who would be liable for an accident you were involved in. Depending on the circumstances of your case, the motorcycle driver or the driver of another vehicle (if there was one) could be held liable. In some circumstances, both could be at fault. Statistically, it is usually another vehicle that does not see the motorcycle that causes the accident. The driver of the other vehicle and motorcycle has a responsibility to operate a motorized vehicle with care and safety to prevent any unnecessary accidents. This is known as ‘duty of reasonable care.’ In other circumstances, a motorcycle accident can be caused by faulty or defective parts. For example, if a motorcycle was unable to stop due to faulty brakes, a claim could be brought against the manufacturer of the motorcycle, or even the mechanic who last serviced the bike. If you or a loved one were injured in a crash as a motorcycle passenger, you do not want to take the risk of going at this alone. A skilled Florida motorcycle accidents attorney will sit down with you and listen to the details of your case. With years of experience, they can provide you with feasible options for how you can proceed with legal action. Robert Gluck will fight for your rights so you can receive the maximum settlement available to you. If you would like to schedule your free case evaluation, call Robert directly. For cases in Broward County, call 954-583-8999, and for Collier County dial 239-403-3728. You can also email Robert at [email protected].
0 How Long Does it Take to Get a Personal Injury Settlement Check?
Personal Injury Settlement Check Following an accident that has caused you injuries, the last thing on your mind might be how to legally pursue an injury claim. However, as the expenses and lost wages begin to accumulate, you might be wondering how you can recover some of the additional medical and living expenses you have been forced to pay as a result of someone else’s negligence. Robert Gluck often gets asked the question “ How long does it take to get a personal injury settlement?”. After a long road of recovery, his clients are eager to know when they can start paying off their medical bills, paying for repairs of personal property and begin catching up on other expenses. Because every personal injury claim is different and no two circumstances are ever alike, it is almost impossible to answer this question at the start of any case. These matters take time, and the amount of time it takes from the start of your case to having your check in hand differs greatly from case to case. Personal Injury Claim Process After an accident, it may seem like life will never get back to normal. The thought of filing a personal injury claim seems daunting and scary. However, with a respected and experienced lawyer on your side, it doesn’t have to be. After seeking medical attention, your best course of action is speaking to a lawyer. During your initial consultation, you will explain the circumstances of the accident, and your attorney can begin collecting evidence and start his own investigation. Your attorney will also need to collect important documentation such as medical records, witness testimonies, proof of lost wages, amongst other things. Until your lawyer can adequately calculate your losses, and those injured have fully recovered or can prove what their future or lifelong medical care needs are, your lawyer will be unable to send a demand letter to the insurance company or at-fault party. A demand letter is essentially a written statement in which you describe what your specific demands for compensation are. Once the demand letter is sent, the liable party is alerted that the injured victim is seeking compensation. Settlement negotiations usually commence. Your lawyer should discuss all offers with you and give you advice and recommendations for moving forward. If a fair settlement is not reached, your lawyer will file a lawsuit, and begin the process of litigation. How Long Does it Take To Get a Personal Injury Settlement Check? Before you receive any compensation following an injury, you must agree to the terms of a settlement offer from the at-fault party, usually an insurance company. Your lawyer is a critical part of this process because they will advise you on whether the terms are reasonable, and the offer is acceptable. If your personal injury lawyer is unable to negotiate a fair settlement with the insurance company, the next step would be to file an official complaint. The defendant is required to respond to the complaint within a certain time frame. For some of the more straightforward personal injury cases, after you have accepted a settlement offer from the insurance company, it usually takes between 2-6 weeks to receive your settlement check. Once both parties have agreed on a settlement offer, the injured party will have to sign a legal document called a general release which resolves all claims you have against the other party and releases the insurance company from liability from the same accident. Your lawyer will then send the release to whoever is representing the other party involved in the accident, and a check is released. The check is then usually deposited into an escrow account where it is cleared. Once the funds are cleared, your lawyer will pay off expenses such as; - lawyer fees agreed to in your contingency fee agreement - medical expenses - liens on funds - fees paid to witnesses and investigators etc. A check will then be issued to you for the remaining balance. Consult a Florida Personal Injury Lawyer You should never be made to feel rushed into accepting a settlement offer. You should always consult with an experienced personal injury lawyer who will be committed to walking you through this stressful process and assisting you with receiving the maximum amount of compensation. Robert Gluck has been advocating for his clients for 33 years and has a proven track record for helping people regain their lives back. His dedicated staff will work diligently on your case and attempt to expedite your personal injury settlement process to get you a check as soon as possible. Contact Robert Gluck today for a free case evaluation by calling (877) Gluck-Law.
0 Truck Accident Lawyer in Florida | Truck Accident FAQs
Truck Accident Lawyer in Florida Sadly, Florida is ranked one of the deadliest states in the country when it comes to truck accidents. While trucks and big rigs have become commonplace on our interstate highways and play a vital role in our economy and way of life, they also pose a danger to the cars and other trucks they share the road with. Because loaded trucks can often have a weight of over 80,000 pounds, while the average car weighs 3,000, it’s clear that these types of road accidents tend to be more severe than other car accidents involving two passenger vehicles. While truck accidents are less common than other types of roadway accidents, they are often more severe and likely to cause significant injuries or death. A concerning fact about truck accidents in Florida is that it is usually the passengers and driver in the car that suffer more significant injuries, while the driver of the truck has a lesser chance of severe injury. Truck Accident Statistics According to the National Safety Council, The states with the most deaths resulting from large truck crashes in 2019 were Texas with 652 deaths, California with 408 deaths, and Florida with 349 deaths. Also in 2019, 5,005 large trucks were involved in fatal crashes around the country. A 43% increase since 2010. 118,000 large trucks were involved in crashes resulting in an injury. A trend that seems to keep going up. National Safety Council also states that “The majority of deaths in large-truck crashes are occupants of other vehicles (71%), followed by truck occupants (18%), and non-occupants, primarily pedestrians and bicyclists (11%)’. Large trucks accounted for: 10% of all vehicles involved in fatal crashes 4% of all registered vehicles 7% of total vehicle miles traveled What Causes Truck Accidents in Florida? A study titled “Large Truck Crash Analysis for Freight Mobility and Safety Enhancement in Florida” concluded that a critical reason for crashes was driver error. Overall, driving error was the dominant critical reason for truck accidents, representing 92.3% of the crashes. Another study by the Federal Motor Carrier Safety Administration and the U.S. Department of Transportation, titled ‘Large Truck Crash Causation Study’ looked at the causes of truck accidents on our roadways. They defined ‘cause’ as: a: factors that increase the risk of a crash such as driving behavior, vehicle problems, road and weather conditions b: something that does not usually result in a crash but increases the chance of a crash The study shows that there a several critical events that happen before a crash with a truck. These events are listed below: Events Number % Over lane line or off road 25,000 32% Loss of control (speeding, etc.) 22,000 29% Other vehicle in Lane 18,000 23% Turning, crossing intersection 8,000 10% Other (pedestrian, fire) 4,000 6% Total 77,000 100% The Critical Reason for these events are: REASONS Number % Driver Non-Performance (sleep, sick) 9,000 12% Driver Recognition (inattention) 22,000 28% Driver Decision (speed, aggressive) 29,000 38% Driver Performance (overcompensate) 7,000 9% Vehicle 8,000 10% Environment (roadway, weather) 2,000 3% Total 77,000 99% What Should I Do if I am Involved in a Florida Truck Accident? The first order of business after a truck accident is to seek immediate medical attention. Not only is it important to have a professional medical team evaluate and treat you for injuries, but it is also very important for your future case. After you have been attended to medically, the next critical step is to hire an experienced Florida Truck Accidents lawyer who can advocate for you and make sure you get the highest compensation you are entitled to. How Much is My Truck Accident Worth? Every truck accident is unique in that the causes and circumstances are always different. Other factors that may affect your claim are your degree of injuries, loss of income, number of dependents, and more. If you were left with a permanent injury, your Florida truck accident claim could be worth much more than if you had injuries that were treatable. While it’s impossible to predict exactly how much money you may be entitled to, an experienced truck accident attorney will be able to analyze the circumstances of your crash and have a clear understanding of what compensations you are entitled to. For instance, you may be able to seek punitive damages if the driver’s conduct was putting your life in danger. Florida Truck Accident Attorney As the population in Florida continues to explode, and new highways are being built while current highways are being expanded, we will likely continue to see an increase in devastating truck accidents in Florida. If you were involved in an accident with a truck in Florida, it may seem like your life will never be the same. Hiring a lawyer like Robert Gluck will assure you that you have someone skilled and experienced on your side to help you navigate through this devastating time, and help you obtain the compensation you so rightfully deserve. If you would like to speak directly to Robert Gluck about a truck accident you have been involved in, call him today at (877) Gluck-Law. ___________________________________ You May Also Be Interested In: SHOULD I SETTLE MY PERSONAL INJURY CASE? 4 STEPS TO TAKE AFTER A PERSONAL INJURY ACCIDENT WARNING TO FLORIDA’S DISTRACTED DRIVERS
0 Common Causes of Burn Injuries | Fort Lauderdale Burn Injuries Lawyer
Fort Lauderdale Burn Injuries Lawyer Burn Injuries Burn injuries are serious injuries that can be caused by a multitude of accidents, including car and truck accidents. Burn injuries are also a common workplace injury, but sadly can happen anywhere and to anyone. Common causes of burn injuries are electrical burns, chemical burns, or exposure to an open heat source. Burn injuries are considered to be some of the most painful and debilitating injuries one can suffer from. The severity of burns varies greatly, as do the causes. In the best-case scenario, the wound from a burn is superficial and clears up completely or leaves a small scar. In the worst-case scenario, someone can succumb to their burn injuries, causing a fatal outcome. Since burns often take a considerably long time to heal, they often are awarded higher compensation in a personal injury claim than other types of injuries. What is a Burn? Simply put, a burn is a type of injury to tissue on the body that is caused by exposure to heat, radiation, electricity, chemicals, and even the sun. Burns can be superficial, resulting in damage to the outter layer of skin, or they can be deep, reaching to the muscle and even down to the bone. Deep burns are severe burns that can lead to a multitude of other medical issues, mainly due to the body's extreme immune response, and often require skin grafting and long recovery times. Burn Fact Sheet According to the CDC: On average in the United States in 2000, someone died in a fire every 2 hours, and someone was injured every 23 minutes (Karter 2001). Each year in the United States, 1.1 million burn injuries require medical attention (American Burn Association, 2002). o Approximately 50,000 of these require hospitalization; 20,000 have major burns involving at least 25 percent of their total body surface, and approximately 4,500 of these people die. Up to 10,000 people in the United States die every year of burn-related infections. Only 60 percent of Americans have an escape plan, and of those, only 25 percent have practiced it (NFPA, 1999). Smoke alarms cut your chances of dying in a fire in half (NFPA, 1999). Common Causes of Burn Injuries Thermal Burns Thermal burns are burns to the skin that are caused by coming into direct contact with an external heat source. This could be an open flame or fire, steam, or boiling liquid. Extreme exposure to the sun can also cause thermal burns. Thermal burns are the most common types of burn injuries. Inhalation Burns Damage to your respiratory system can be caused by inhaling dangerous fumes and gases, such as carbon dioxide. You may also cause injury to your lungs by inhaling smoke from a fire. By breathing in heavy smoke, you can block your airways and even suffocate from asphyxiation. Electrical Burns Electrical burns are caused when someone comes into direct contact with an electrical current. Electrical burns can also be caused by lightning. Electrical burns can cause superficial damage to the skin tissue or severe internal damage to internal tissues. Chemical Burns When your skin comes into contact with dangerous chemicals such as acids, solvents, thinning agents and more, it can result in damaging chemical burns to your skin tissue. If you have suffered burn injuries in the vicinity of South Florida, you need an outstanding and experienced lawyer who can help you recover financially from the damage your injuries have caused you physically and mentally. Burn injury attorney Robert Gluck is happy to evaluate your case free of charge and help you recover the full amount of damages you or your loved one so greatly deserve. Call Robert directly at (877) Gluck-Law, or email him at [email protected].
0 Florida Dog Bite Laws | Who Is Liable After A Dog Bite in Florida?
Florida Dog Bite Laws Dogs are widely known as ‘man’s best friend’, and in many households are considered to be part of the family. Sadly, when dogs get in the hands of negligent or irresponsible owners, dogs run the risk of becoming dangerous to the people around them. No one wants to imagine that they or a loved one will ever be involved in a dog attack. An attack by a dog is an extremely traumatic experience that can cause significant injuries. While most dog bites result in superficial injuries such as puncture wounds and lacerations, some dog bites can be more severe, causing traumatic injury and in some cases death. According to the CDC, nearly 1 in 5 people who are bitten by a dog require medical attention. Although anyone can be affected by a dog bite, it is usually young children and the elderly who are more at risk for dog bites. Why Do Dogs Bite? Dogs attack for a number of reasons, and there is no specific reason or circumstance for which a dog bite is provoked. Dogs may attack or bite when they feel threatened. Another reason dogs bite is when they become protective over food or toys. Female dogs with puppies are also more likely to bite when they feel threatened. Sick or injured dogs may also be more likely to attack. It’s important to teach young children not to approach dogs that they do not know, to never approach a dog while it’s eating, and never get close to a dog that seems injured, scared or nervous. Who Is Liable After A Dog Bite in Florida? According to Statute 767.04 “The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness…” In other words, the owner of the dog can be held liable for the damages inflicted by the dog bite, even if they were unaware of the dog’s vicious nature. Since Florida is what is known as a strict liability state when it comes to Dog Bites, then the owner of a dog who bites someone will be held liable if the person bitten was lawfully visiting a public or private property, including the dog owners property. The dog owner did not have to be aware of the potential for their dog to bite in order to be held liable. The injured parties do not have to prove that the dog owner was negligent. There is one caveat to this statute. If the dog bite occurred on the dog owner’s property where an ‘easily readable’ sign that reads “Bad Dog” was ‘displayed in a prominent place on his or her premises’ then the owner is not liable, except as to a person under the age of 6. Comparative Negligence Because Florida is also a pure comparative negligence state, if a victim’s negligence also contributed to the dog bite, his or her compensation could be reduced by the percentage of fault the judge finds the victim to be. If the person bitten by the dog was acting in such a manner that the dog was provoked to attack, they will not receive full compensation. What is a “Dangerous Dog” under Florida Law Florida Law States that a dangerous dog is: - a dog that has aggressively bitten, attacked, endangered, or inflicted a “severe injury” on a human. A severe injury is one that causes broken bones, multiple bites, or disfiguring lacerations that require sutures or reconstructive surgery; - a dog that has on more than one occasion severely injured or killed a domestic animal while off the owner’s premises; - a dog that, without provocation, has chased or approached a person on the streets, sidewalks, or any public place in a menacing fashion or with an apparent attitude of attack. An owner of a dangerous dog must register the dog within 14 days. Furthermore, the dog owner must confine the dog inside or outside. If outside, the dog must be in a properly secured pen that children can not enter, nor can the dog escape. When the dangerous dog is not confined, it must be muzzled and controlled with a sturdy leash or chain. A warning sign must be hung up at all entry points. A dog is not considered dangerous if the dog bite occurred when a person was not legally on the property where the dog resides. Florida Dog Bite Statute of Limitations In Florida, the statute of limitations for a dog bite case is four years from the date on which the injured victim sustained the dog bite injury. The statute of limitations is just like any other personal injury claim. If a claim is not filed in this allotted time, the victim will find themselves forever barred from seeking compensation for their injuries. Florida Dog Bite Injury Lawyer If you have sustained a dog bite injury, the first thing you should do is seek medical attention. The next thing you should do is contact an experienced dog bite accident attorney who thoroughly understands the law in this area. Robert Gluck understands the complexities and challenges associated with the laws about animal bites in Florida. He will protect your rights and fight aggressively for justice and work hard to bring you a satisfactory legal outcome. Call him today for a free consultation at (877) Gluck-Law or email him directly [email protected] Here’s How We Can Help: • Do you have a dog bite case? We are here to help you. Schedule your free case evaluation. • Do you need a Florida personal injury lawyer? Hiring a lawyer to represent you can get you a significantly better outcome. • How much will it cost? The Law Offices of Robert Gluck works on a contingency fee basis, meaning you don’t pay unless we collect money for you.
0 Will My Personal Injury Case Go To Trial? | South Florida Trial Lawyer
Will My Personal Injury Case Go To Trial? The reality is that most personal injury cases settle before a lawsuit is even filed. Of the few that are filed, 95% of those cases eventually settle also at some point before reaching an actual jury trial. The details of your case will determine whether your case settles or goes on to trial. There are many factors that come into play when understanding why most cases settle before going to court, but a major factor is that going to court rarely benefits either party involved, and could cost more and be more time-consuming than reaching an agreeable settlement. Why Do Most Cases Settle? When it comes to insurance companies, going to trial could mean considerably more money awarded to the injury victim. Usually, this comes from pain and suffering damages that could cost the insurance company way more than if they had settled outside of court. What Are The Benefits Of Settling? Typically, settlements mean less time, less money, less stress, and fewer costs. These reasons are significant to many people who truly need compensation quickly to pay for medical and living expenses. Guaranteed Compensation - Filing a lawsuit and going to trial does not mean a guarantee of money damages awarded. In fact, you risk walking away with nothing should the jury or judge side with the other party. When settling, you have more control over your negotiations and compensation. Trials are unpredictable, and by settling, the victim ensures they will be compensated for their injuries. Quick Access to Money - While trials could take years and render you zero dollars in recovery, a settlement is much faster. You could receive money damages within months of starting your case. This is a huge benefit to those who have recovered from injuries and need to pay off pending medical bills or those who unfortunately have a permanent injury and will need lifelong care. Less Risk - No party involved in a personal injury claim ever wants to go to court. Going to court is not only expensive and time-consuming, but it could also cost you as the losing side will end up bearing the cost associated with trial and court. Settling your case before court proceedings is a much more straightforward process. When Should I Take My Personal Injury Case To Trial? If the insurance companies involved fail to offer a fair settlement or any settlement at all, then your lawyer might determine that your case is a good candidate for trial, as it is the only option for receiving fair compensation for your injuries. Sometimes just the act of starting the process of a trial is enough to get the attention of insurance companies, and they might offer a more reasonable settlement offer. Some types of complex tort cases with serious injuries or death, and complicated issues as to who was responsible could require a jury trial to resolve the issues. These types of cases could involve traffic fatalities, work-related injuries, product liability cases, medical malpractice claims, spinal cord injuries, and more. Also, if the insurer does not respond to a demand for settlement in a timely manner, filing a lawsuit by your lawyer is an effective way to get their attention. At that point, they have a legal duty to respond to the court within 20 days of receiving the lawsuit. Other reasons a lawsuit might need to be filed would include procedural issues such as a statute of limitations approaching that would bar any recovery if the case is not resolved or a lawsuit is not filed within a certain period of time. (between 1 and 5 years in Florida, depending on the type of case). Hire An Experienced Lawyer In the vast majority of Florida personal injury cases, the risks and costs associated with going to trial are enough to encourage the insurance company to seek a settlement. In most cases, a settlement is likely in your best interest as well. It is always in any party’s best interest to find an experienced lawyer to help them during this troubling and confusing time. A lawyer can help determine whether to settle or go to court and have a better understanding of what a fair settlement is in regards to the types and severity of your injuries. If you have been injured in Florida and need legal representation, call my offices in Plantation and Naples, Florida for a free case evaluation. Our firm works on contingency fees, which means we don’t get paid unless you do. Call me today at (877) Gluck-Law. ___________________________________ You May Also Be Interested In: PREMISES LIABILITY STATUTE OF LIMITATIONS IN FLORIDA TWO TYPES OF BRAIN INJURY AFTER A CAR ACCIDENT 6 FLORIDA MOTORCYCLE SAFETY TIPS