Cell Phone Related Accidents
It’s a hard fact that motorists just can’t seem to avoid using their cellphones while driving, be it either texting, leaving or listening to voice messages or talking while behind the wheel of their car, truck, or even their motorcycle or ATV. Motorists and GPS distraction also seem to go and hand and hand. Florida ranks 2nd in the USA when it comes to accidents resulting from negligent use of cellphones behind the wheel, and despite cellphone use being worthy of a moving violation, it is in fact a secondary offense which can lead to a citation once pulled over for a primary offense. Nevertheless, negligent cell-phone-use related accidents are on the rise on Miami streets and highways, with many of them leading to serious personal injury. The Perazzo Law Firm has vast experience representing injured parties that have fallen victim to motorists negligently using their cellphones while driving in Miami.
WHAT HAPPENS IF I FALL VICTIM TO A NEGLIGENT MOTORIST ACCIDENT?
Most often, the driver of the vehicle that causes a car crash will deny having been using their cellphone at the time of the accident. Unfortunately for them, and given our vast experience handling cases of car accidents involving motorists distracted by cell phone use, there are a number of ways the Perazzo Law firm personal injury staff of attorneys can prove otherwise. In the event that one of our Personal Injury clients takes their case to trial, our attorneys may subpoena the cellphone carrier to provide phone records at the time of the accident in order to build a case to prove whether or not the motorist that caused the accident is indeed liable as a result of negligent use of the cell phone while operating a motor vehicle. Depending on the severity of the injuries involved as a result of the accident, the police authorities may take possession of the phone as evidence, especially in cases that involve a fatality such as negligent manslaughter or vehicular homicide. It’s important to point-out that modern cellphones not only store recent activity, but can also record practically everything the motorist that caused the accident was doing at the time of the accident, from the speed the vehicle was doing, to the lane in which it was driving and even the music the driver was listening to, all of which can be used to recreate the accident to be used in our client’s favor. If deemed necessary and according to the severity of the personal injury involved, our attorneys can present a Spoliation Letter, which requires the negligent party to preserve the phone and its contents for use in the trial proceedings. Failure to do so may have a negative impact on the negligent party’s case and sway the court to rule in favor of the accident victim. In all car accidents cases, whether as a result of negligent use of a cellphone while driving or any other factors, the Perazzo Law Firm car accident attorneys and staff are committed and skilled on how to obtain the most favorable results for our personal injury clients.
TEXTING AND DRIVING LAWS IN FLORIDA
Texting & Driving is one of the leading causes of car accidents today, with thousands of accidents taking place everyday on Florida avenues, streets and highways. The Governor of Florida has recently signed a bill that will allow the authorities to stop motorists spotted texting & driving while behind the wheel and in motion. Nevertheless, drivers will be able to use their mobile device while their car, SUV, or truck are not in movement. Even though texting & driving has been illegal for many years now, cops have done little since they aren’t allowed to pull drivers over even if spotted texting & driving. In fact, there were only 1700 citations throughout 2018 to those caught texting & driving. Though the bill focuses on reducing the number of accidents caused as a result of distracted motorists using their cell phone to send & read text messages, it also aims to educate motorists on the grave consequences that come from texting & driving accidents in Miami & other cities where texting & driving accidents are more common. Motorists will not be allowed to text & drive but they will be allowed to use the cell phones to talk, use GPS services, check weather forecasts, and read emergency messages. As of January 1st, 2020, motorists caught with their fingers on the keypad will be issued tickets of $30 plus court fees. Repeat offenders will lose points & their licenses.
WERE YOU INJURED AS A RESULT OF A MOTORIST AND NEGLIGENT CELL-PHONE USE?
The Perazzo Law Firm advises individuals involved in an accident to first and foremost, make sure that they or any passengers in the car are safe and sound. Florida law dictates that the car must be removed off the roadway if possible, but that doesn’t mean you must put your life in danger. That said, they should try to move the vehicle off the roadway or to the side of the street, and in the event that the vehicle is inoperable or if there is a fuel leakage, they should immediately turn off the car. Before moving the vehicle, the Perazzo Law Firm Miami car accident attorneys recommend taking photos of the crash scene and the vehicles involved to show the severity of the impact and to determine how the accident occurred, because once the cars are moved, it may be difficult to prove how the incident actually happened. When safe to do so, the accident victim or victims should contact the authorities to report the incident and/or paramedics if there are injured parties involved in the car accident. If you or a passenger have suffered severe personal injury, a visit to the hospital emergency unit is highly recommended. All records of any treatment received by healthcare practitioners should be kept and recorded in the event the injured party decides to seek compensation for injuries or to present to the corresponding insurance providers. It’s vital to follow-up on any medical care if prescribed and contact the Perazzo Law Firm immediately to determine whether or not there are grounds for a legal claim for compensation to cover the accident victim’s personal injuries, property damages, or losses. The Perazzo Law Firm car accident staff also recommends motorists to purchase and install a dash-camera in the vehicle to help prove car accident liability and fault in the event of a future accident.
The bottom line is that people in Miami are crashing their cars because of using their cellphones while driving, and this is causing personal injuries, property damage, and loss to many Miami residents, including motorcycle riders, bikers, skaters, and even pedestrians.
WHAT TO DO AFTER A CAR ACCIDENT IN MIAMI-DADE & BROWARD
-Do not give a statement.
-Do not move or let anyone move you, or your car, unless there is a threat of further injury. Wait for the paramedics and the police.
-Seek medical care and give a complete description of all injuries immediately following the car accident.
-If no injuries are evident, take pictures of all damage to the vehicles involved in the car accident (and photograph the VIN and license plate for identification)
-Take pictures of injuries (all cuts, bruises, wounds, burns or other injuries no matter how small as the insurance company may dispute that a specific part of the body was injured or affected by the accident later on.
-Gather all of the automobile insurance policies in your household and Group Health Insurance information to assist with the processing of payment for your treatment and lost wages while your claim against the negligent party is ongoing.
-Notify your insurance company of the accident (your auto insurance policy requires that you contact them immediately after the accident and failure to do so may jeopardize your coverage).
-Visit your family doctor for a follow-up.
-Contact the Perazzo Law Firm as soon as possible.
Head and Neck injuries are very common in car accidents that happen in Miami. Perazzo Law reminds car accident victims that suffer head or neck injuries that these types of injuries require immediate medical attention. That's why Perazzo Law recommends that car accident victims that suffer blows to the head request that rescue units take them to a local healthcare facility to rule-out injuries following a car accident in Miami. A head injury can include facial injuries caused from shattered glass or impact with one of the interior parts of the vehicle such as the airbag. Facial injuries can result in cuts, bruises or lacerations which can lead to permanent scars. Permanent scars can effect a car accident victim's life and cause mental trauma if the scar produces a significant change in the car accident victim's personal appearance. Loss of vision can also be linked to head injuries from a car accident. Perazzo Law serves head, facial, and neck injuries for their personal injury car accident clients and strives to make sure they receive the compensation they deserve for their injuries and losses.
Common Facial Injuries:
Common Head Injuries:
Temporary loss of hearing
Brain Injury or Damage
Neck and Back Injuries Can Include:
Spinal Cord injury
Long-term physical complications
Perazzo Law Shares Information on the Main Injuries Suffered in Car Accidents
Rear and front-end collisions can have serious long term effects on the lives of those that suffer an accident which causes head injuries such as cuts, bruises, concussions, or internal bleeding. Blows to the head can lead to brain trauma and most often results in serious or permanent injuries that may require short-term medical treatment and long-term use of medications, which impact other bodily organs such as the liver, kidneys, pancreas, intestines, and mental states of mind in general. Head injury can be a determining factor in the life quality of the victim and it is vital to hire an experienced Personal Injury attorney who knows and understands the life altering effects that head injuries can have on accident victims. Some of the most serious head injuries from car accidents can result in a number of long-term effects such as: headaches, blurred vision, dizziness, mood swings, tingling sensations in the arms and finger tips, as well as general damage to the nervous system. When head injuries from a car accident are very severe, there may be internal bleeding and surgery will most likely be required. Brain surgery is a very sensitive procedure as well as very costly. Most often, the surgical results to the head trauma accident victim may be successful and the effects minimal, but other times, the effects of brain surgery can have permanent effects on the accident victim's life. See Brain Trauma
NECK AND BACK INJURIES
Following a collision with another vehicle, crashing into a solid object, or even spinning out of control and slamming into a light pole, the neck and back area can experience injury to the neck and back area. Commonly known as whiplash, (when the neck violently jerks forward and back causing disc injury) the neck and back are quite sensitive and prone to injury as a result of an accident. Perazzo Law knows that thousands of people are injured in car accidents every year in Miami and that most times the neck and back are the parts of the body that many times go unattended to. That is why, Perazzo Law offers the most professional legal advice and assistance to help deal with and attend to bodily injury that includes the neck and back. The neck is a very sensitive part of the body as it is comprised of nerves and discs that help control the nervous system together with the brain. When discs in the neck and/or back suffer injury, the physical effects can many times be permanent and expensive, not only due to adjustments in the person's life style, but also to the any treatment or medication needed to deal with the accident victim's neck and back injuries. In some more serious neck and back injuries as a result of a car accident, the victim may be paralyzed and require long-term physical treatment and medication that will have a lasting effect on the victim's quality of life. Perazzo Law urges neck and back injury accident victims to contact our Miami or North Miami Beach offices for a Free initial consultation to find about more about compensation through a personal injury accident claim. See Spinal Cord Injuries
FRACTURES AND BROKEN BONES
Fractures and broken bones can be consider permanent injuries even though fractures heal and broken bones can be mended. However, many times, a broken bone can leave remnants of the injury and never fully heal appropriately. No matter if the fracture involves a finger, toe, or nose, the effect can be permanent. More serious fractures and breaks can include more sensitive areas such as arms, legs, ankles or the pelvis, which may lead to a person never being able to walk again or take part in certain sporting or recreational activities such as sports or dancing. Depending on a person's age, a broken bone can take weeks or months to fully heal. Elderly people may require more intense and prolonged medical care and rehabilitation to help broken bones or fractures to heal following a car accident. Perazzo Law urges car accident victims that have suffered fractures or broken bones to contact our Miami or North Miami Beach offices ONLINE or CALL 888-PERAZZO for a FREE initial consultation to discuss their case. Our entire legal staff is fully dedicated to fighting for our clients rights and make sure that they receive just compensation for their injuries and losses.
BURNS AND ABRASIONS
Though not all car accidents result in severe injuries such as head injuries or life altering effects, many do include bruises, cuts, burns, or abrasions, which can leave permanent scaring. Though cuts, burns, and bruises heal, some more serious injuries can cause aesthetic complications when injuries involve the face, hands, or arms. Facial scars last forever and this can greatly alter a person's life, even after cosmetic surgery has been performed on the accident victim's injuries. Airbags can sometimes cause burns and abrasions. In this case, an experienced personal injury attorney will determine the cause of the airbag deployment, which can be from impact, manufacture defect, or third party negligence. See Airbag Injuries.
Wrongful death accidents are by far the most devastating accidents for the family members and loved-ones of the accident victim. Collisions with trucks or at high speeds most often end in tragedy, with injuries that go beyond any immediate medical attention. In most wrongful death accident cases, head and thorax trauma is too severe and the victim's life cannot be saved. In wrongful death accident cases, Perazzo Law knows that proving fault is vital to obtaining compensation for the family of the wrongful death accident victim. See Wrongful Death Accidents.
If you, a family member or loved one has suffered personal injury, property damage or loss from an accident resulting from the negligence of a motorist who was using a cellphone while operating a motor vehicle, the Perazzo Law Firm urges you to contact us ONLINE or Call (786) LAWS-411 for a FREE initial consultation.