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Car Accident Information and Articles

How Do I Get My Medical Records?

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The first step in any Medical Malpractice or Personal injury Lawsuit is to review the Medical Records.

Medical records are crucial because they can make or break the case. Your medical records are needed to prove your injuries, the severity of your injuries, and the treatment that you  received. If you enlist the services of a medical malpractice attorney, your attorney requires them to:-

  • Determine if the injuries sustained were caused by the defendant’s negligence.
  • Determine the extent of  damages and liable parties.
  • Recognize any issues that can hurt your case.
  • Prepare for expert review.

Medical record retrieval can be a time-consuming and labor-intensive process.

 

A PATIENT’S RIGHTS UNDER HIPAA. 

The State and Federal laws govern how you and others may access your medical records.  The federal Health Insurance Portability and Accountability Act (HIPAA) ensures your right to privacy, limiting who can access and receive your private medical information.  The HIPAA has also established a regulatory framework for accessing your medical records which includes:-

  • Fees for the issue of copies of your medical records.
  • How long medical service provider should save and store your records.
  • The duration of time within which the medical service providers have to respond to requests for records.

 

REQUESTING YOUR MEDICAL RECORDS. 

Most hospitals and health-care providers have HIPAA compliant forms that they will ask you to fill before releasing your medical records.  Requests for your medical records must be made in writing by you or by your representative.  If you are represented by an attorney, your attorney can request your records and send them to the insurance company.

 

USEFUL TIPS FOR RETRIEVING MEDICAL RECORDS. 

We possess the expertise and experience to retrieve, secure, and organize medical records. We suggest:-

  • Make an error-free request.

A single error may lead to a delay in getting your request processed.  The wording you use can impact your medical record retrieval request.  You will need to know the records you are looking for and need to know how to ask for them successfully.

  • Ensure you are being charged fairly.

    Medical records retrieval can be an expensive process.  Even though HIPAA has laid out guidelines for medical service providers to charge fairly, a lot of instances of ‘unreasonable fees” being charged are common.

  • Make sure you send the request to the correct department.

    It is important to identify and locate the department from which you wish to retrieve your medical records.  Call and verify the details before sending a request to the right department at their correct address.

  • Seek only important and relevant records.

    Collecting unnecessary records can be time-consuming and an expensive exercise. Request records that will validate and strengthen your claim.

  • Follow-up regularly on request placed.

    As per federal laws, requests must be met by medical service providers within 30 days of providing a record request receipt. Gentle reminders can be sent from time to time to speed up the process.  If the medical service provider has an online portal, register on it to track the status of your request.

  • Organize medical records.

It is important that you properly organize your obtained medical records to use them more efficiently and effectively.  This enables you or your attorney to find necessary information quickly for preparing and presenting your case.

 

THE MEDICAL RECORDS THAT YOU NEED TO RETRIEVE. 

Our Miami Medical Malpractice Lawyers deal with medical records quite frequently.  They know how to navigate through the complex and complicated environment of protected health information.  According to our skilled and experienced lawyers, the most common pieces of medical documentation that will play an integral role in a personal injury claim besides incident reports and photo, video, and audio documentation include;-

  • Initial Examination Information.
  • Check-ups
  • Diagnostic tests.
  • Medical Procedures.
  • Doctor’s written notes.
  • Prognosis Information.
  • Prescriptions (both short and long term)
  • Pre-existing conditions.
  • Medical-related expenditure.

Insurance companies rely on medical records to validate injury claims. Insurance companies may ask you to sign a release form before they process your claim.  Although HIPAA protects against the unauthorized release of private medical information, some insurance companies can go through your past medical records to find something that they can use to deny or minimize your claim.   We do not recommend that you give any Insurance Company a blank authorization for your medical records.  If you are giving the insurance company an executed authorization, make sure it is limited to a specific provider.

You should consult a Medical Malpractice lawyer before signing any release forms or giving any statements to insurance companies.  As most attorneys represent victims on a contingency fee basis,  it is in your best interests to enlist the services of an experienced Miami Medical Malpractice lawyer to seek adequate compensation for damages sustained.

TEXTING AND DRIVING ACCIDENTS IN MIAMI

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Do not send that text while driving. Remember, driving is a privilege, not a right.  Every driver has a legal obligation to act in a manner prescribed by law.  Failure to do so can result in an accident.  Distracted driving is anything that takes an individual’s hands off the wheel, eyes off the road, or mind off driving.  It is risky behavior that endangers everyone on the road.  Distracted driving is often referred to as the new drunk driving. 

DISTRACTED DRIVING STATISTICS IN FLORIDA. 

  • Distracted driving is responsible for nearly 50,000 crashes a year in Florida.
  • Florida has been cited as having the second most number of distracted driving accidents in the Country.
  • More than 200 people are killed every year in Florida due to distracted driving.
  • There is an average 137 distracted driving accidents in Florida every day.

Distracted driving is a form of negligence.  Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”  

To prove negligence, the plaintiff (the injured party) must establish the following four main elements:- 

  • The defendant (the accused party) owed the plaintiff a reasonable duty of care.   

All drivers owe a duty of care towards other drivers, passengers, pedestrians and others on the roadway when they get behind the wheel of a vehicle. 

  • The Defendant breached his or her duty of care. 

    The breach of care by the defendant is the crux of the personal injury law.  It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant. 

     
  • The breach of duty by the Defendant caused the accident. 

    It is not enough to show that the Defendant was negligent, careless or distracted, it has to be established by a preponderance of the evidence that his or her act of negligence was the main cause of the car accident. 

     
  • The accident caused compensable damages. 

    The plaintiff will have to establish that he or she suffered damages due to the breach of duty by the Defendant.  Damages may include physical injury, pain and suffering, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage.  

     

    TYPES OF DISTRACTIONS. 

    Anything that diverts a driver’s attention away from the road is a distraction.  These distractions can be categorized Into three types:- 
  1. VISUAL DISTRACTIONS. 

    Distractions that cause a driver to take his or her eyes off the road.  These include,  
    1. Looking at the phone screen. 
    2. Using vanity mirror to check appearance or for the purpose of self grooming. 
    3. Looking behind at unsecured children or pets in the backseat.
  2. MANUAL DISTRACTIONS. 

    Distractions that involve a driver taking his hands or hand off the steering wheel. These include, 
    1. Texting, talking or calling on the phone. 
    2. Eating, drinking or smoking while driving. 
    3. Adjusting radio or mirrors. 
    4. Using a navigation system. 
    5. Engaging on social media Apps on the phone while driving. 
  3. COGNITIVE DISTRACTIONS. 

    Distractions that take a driver’s mind off the road.  These include, 
    1. Daydreaming. 
    2. Listening to loud music. 
    3. Having a conversation with passengers in the car. 
    4. Talking on cellphone

The Florida Department of Highway Safety and Motor Vehicles has partnered with the Department of Transportation and law enforcement agencies to educate Floridians about distracted driving laws through the “ Put it down, focus on driving” campaign.   

The ‘Wireless Communications while driving law’ came into effect from July 1, 2019. This law empowers law enforcement agencies to stop motor vehicles and issue citations to motorists who breach the distracted driving laws.  A person is required by law not to operate a motor vehicle while using a wireless communications device. 

WHAT TO DO AFTER BEING INJURED BY A DISTRACTED DRIVER? 

If you are injured in an accident with a distracted driver, it is important to remain calm and follow these steps:- 

  • Turn on hazard lights. 
  • Move yourself and your vehicle to safety. 
  • Call 911 to report the accident. 
  • Lend a helping hand to others injured in the accident. 
  • Exchange contact information with others involved in the accident. 
  • Gather any sort of evidence, if possible. 
  • Gather eye witness information. 
  • Don’t admit fault. 
  • Seek medical attention. 
  • Call insurance company and report the accident. 
  • Enlist the services of a Miami Distracted Driving Accident Lawyer at the earliest. 

Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of car accidents due to distracted driving in Miami and all across Florida. 

TYPES OF INJURIES SUSTAINED IN CAR COLLISIONS/ CRASHES. 

Car accident injuries involving distracted driving vary from person to person, and from crash to crash.  Most common injuries are :- 

  • Whiplash
  • Broken bones and Fractures.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Scarring.
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • death.

     

STATUTE OF LIMITATIONS FOR FILING A DISTRACTED DRIVING ACCIDENT LAWSUIT IN FLORIDA. 

There are specific time limits, restrictions and rules for filing a accident claim.  An experienced distracted driving accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for distracted driving accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida. 

It is in the best interests of the plaintiff to enlist the services of an experienced Miami Motor Vehicles Accident lawyer.  Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.  

COMPENSATION FOR VICTIM OF A DISTRACTED DRIVING ACCIDENT IN  MIAMI. 

Our Miami distracted driving accident lawyers seek to get maximum compensation for the victim of an accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. 

A victim can file a claim with his or her own insurance company or the at-fault driver’s Insurance company, but policy coverage may limit the amount of compensation a victim recovers. 

Filing a Personal Injury Lawsuit is the best option to recover damages. Our Miami Distracted Driving Accident lawyers help victims recover:- 

  • Medical Bills. 
  • Lost Wages. 
  • Damages suffered due to Pain and Suffering. 
  • Damages suffered due to Emotional Distress. 
  • Costs of future corrective surgeries. 
  • Punitive damages

Florida, being a Comparative Fault State,  allows a person to recover damages irrespective of his or her degree of fault.  A Court will apportion fault among the parties, and the plaintiff is entitled to recover damages to the extent, he or she is not responsible for causing his or her injuries.   

Compensation awarded in such a claim can help cover medical expenses, long term medical care, and other damages, not covered by Florida Personal Injury Protection Insurance Plans.  

Florida is a ‘No Fault’ car insurance state which means that each person’s Insurance Company pays for their own medical expenses, regardless of fault. The amount of no-fault benefits is typically limited to $10,000.00.

WHY HIRE KAIRE & HEFFERNAN? 

Car accidents due to distracted driving involve complex and intricate legal concepts.  If we represent you, our attorneys will carefully investigate the cause of the accident.  Our Florida distracted driving accident attorneys possess the ability and skill to subpoena cell phone records of those involved in the accident to determine whether the driver who caused the accident was talking on the phone or sending texts at the time of the accident.   

Our team of personal injury lawyers in Miami are experienced at calculating the full extent of a victim’s expenses and damages.  Our team works with the victim’s doctors to estimate future medical needs and their costs.  Our lawyers are adept at collecting and protecting evidence. They know how to obtain and review medical records and have access to top auto industry experts in addition to accident reconstruction experts. 

Our team of Miami distracted driving accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.   

CONTACT A MIAMI DISTRACTED DRIVING ACCIDENT LAWYER. 

If you or your loved one has been a victim of a distracted driving accident  in Miami, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced Distracted Driving Accident lawyer at our firm for a free in depth case evaluation right away. 

Miami Truck Accident Lawyer

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If you drive in Miami and the surrounding areas, you have surely had closes calls with 18 wheelers and semi trucks. With the expansion of the Port of Miami trucks enter and exit the highway at record numbers. Transportation and trucking is an integral and essential part of the American economy.  Truck companies and individual truckers, in their quest to maximize profits and to meet strict delivery deadlines all too often ignore safety regulations. 

 When accidents involve a truck, the risk of serious injuries and death increase drastically.   The damages in accidents involving trucks are significantly higher when compared with other accidents.

Trucking Accidents are all about establishing fault, and that fault often turns on the post accident investigation. It is imperative to hire a skilled lawyer as early as possible following an accident. It is virtually impossible for an individual to receive full compensation for his/her Injuries without the guidance of a competent and experienced Florida truck accident lawyer. 

STEPS TO TAKE IF YOU ARE INVOLVED IN A TRUCK ACCIDENT. 

If you have been the victim of a truck accident, then the actions you take soon after a truck accident can have a major impact on the amount of compensation that you may receive.  Our Miami truck accident lawyers recommend that you do the following:- 

  • STAY AT THE SCENE OF THE ACCIDENT AND MAKE SURE YOU ARE SAFE. 

After an accident, do not leave the scene of the accident.  Stay in the vicinity of the accident scene and remove yourself, your passengers and the vehicle from being exposed to further harm. 

  • REPORT THE ACCIDENT. 

    It is important to call the emergency services and the Police to report of the accident. 

     
  • GATHER INFORMATION. 

    After informing the Police, you should get information which includes: 
  1. The truck driver’s license information. 
  2. Insurance information of the truck driver. 
  3. Truck’s make and model details. 
  4. Truck’s license plate number. 
  5. Vehicle identification number (VIN). 
  6. Names and addresses of witnesses. 

     
  • TAKE PHOTOS AND CAPTURE VIDEO FOOTAGE OF THE WRECK. 

    If possible, use your cellphone to capture images of the entire scene and also of vehicles involved in the accident from various angles.  It is important to take photos of road signs, road conditions (such as slickness from rain).  Check for skid marks left on the road by the vehicles involved in the accident. 

     
  • AVOID MAKING STATEMENTS OR GIVING DETAILS OF THE ACCIDENT ON SOCIAL MEDIA. 

    Posts on social media right after an accident can be used against you in an injury lawsuit with regard to severity of injuries sustained.  While speaking to representatives of other parties involved in the accident, refrain from blaming anyone or accepting blame for the accident.  

     
  • CONTACT YOUR INSURANCE COMPANY. 

    Explaining your version of what happened is important in establishing the liability of the truck driver.  Therefore, it is imperative to contact your own insurance company right after an accident. 

     
  • GET YOURSELF ASSESSED FOR SERIOUS INJURIES. 

Concussions and internal bleeding do not show obvious symptoms right away. Medical records of injuries sustained can be vital in recovering adequate compensation. 

COMMON TYPES OF TRUCKS. 

The manner in which truck accidents occur depends on the trucks involved in the accidents too.   Our expert truck accident lawyers have years of experience in identifying different kinds of trucks and are also aware of the types of accidents and damage they can cause. 

The most common types of trucks are : 

  • 18 wheeler trucks. 
  • Logging trucks. 
  • Big Rig. 
  • Semi trucks. 
  • Cargo trucks 
  • Steel trucks. 
  • Coal trucks. 
  • Tow trucks. 
  • Construction trucks. 
  • Tanker trucks. 
  • Fire trucks. 
  • Fuel trucks. 
  • Garbage trucks. 

LEADING COMMERCIAL TRUCKING COMPANIES OPERATING IN THE UNITED STATES. 

  • DHL. 
  • FED EX. 
  • UPS. 
  • US Express. 
  • J.B. Hunt. 
  • Werner. 
  • Swift. 
  • Averitt. 
  • Con-way. 
  • Amazon

ESTABLISHING FAULT IN A TRUCK ACCIDENT. 

Determining liability in a truck accident can be a logistical nightmare. In a potential truck accident related lawsuit, more parties tend to get involved and not just the drivers involved in the actual crash. 

Some of those parties are :- 

  • TRUCKING COMPANIES. 

In most truck accidents, the truck is owned by a company.  The driver’s insurance is covered by the company and it’s legal team handles details of the crash. 

  • TRUCK MANUFACTURERS. 

    If the accident occurred due to a mechanical or technical failure in the truck, accountability will shift towards the manufacturer of the vehicle.  Malfunction of air brakes is one of the leading causes of truck accidents. 

     
  • SHIPPING COMPANY. 

    The company that paid for the shipment of a load may pursue legal action for non delivery or delay in delivery of the load if the truck carrying it was involved in an accident. 

     
  • LOADING COMPANY. 

    If a truck is over loaded or cargo falls off a truck causing an accident, the loading company will bear major percentage of liability. 

     
  • OTHER DRIVERS AND PEDESTRIANS. 

    There may be additional persons who might get injured in a truck accident such as other drivers and their passengers as well as pedestrians.  Each party involved is backed by their own insurance company which tries to shift blame away from their own client. 

    It is therefore necessary to enlist the services of an experienced Miami Truck Accident Lawyer to recover adequate compensation. 

     
  • OTHER PARTIES WHO CAN ALSO BE DEFENDANTS IN A TRUCK ACCIDENT. 

    Truck accident investigations and claims can be complex.  Depending on the specifics of a truck accident, the list of defendants may also include Insurance providers, City or County Governments, defective vehicle spare parts manufacturers etc. 

COMMON CAUSES OF TRUCK ACCIDENTS. 

 Government agencies and truck manufacturers work together to ensure road, vehicle and driver safety, yet truck accident numbers continue to rise.  Some major factors that contribute to truck accidents are:- 

1.   Driver errors. 

The most common errors of truck drivers that lead to accidents are as follows: 

  • Speeding. 
  • Distraction/ Inattention. 
  • Failure to yield right of way. 
  • Impairments (alcohol, illness, fatigue). 
  • Reckless driving. 
  • Failure to keep in proper lane. 

2.   Trucking companies hiring unfit drivers who lack the required commercial driving license (CDL). 

3.   Failure of trucking companies to train and supervise their drivers. 

4.   Failure of trucking companies to inspect and maintain vehicles regularly. 

5.   Improperly loading cargo. 

6.   Allowing or encouraging truck drivers to work excessive driving hours. 

7.   Defective parts such as tires, wheels, brakes or axles. 

8.   Failure of the State to properly maintain roads 

TYPES OF TRUCK ACCIDENTS. 

The most common types of truck accidents are:- 

  • Head on trucking accidents. 
  • Rear end trucking accidents. 
  • Rollover trucking accidents. 
  •  Jackknife trucking accidents. 
  • Tire blowouts. 
  • Trailer load spills. 

TYPES OF INJURIES SUSTAINED IN TRUCK ACCIDENTS. 

 Most common truck accident injuries are: 

  • Broken bones and Fractures.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Concussions.
  • Internal bleeding.
  • Scarring.
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • Wrongful death.

COMPARATIVE NEGLIGENCE STATE. 

Florida being a Comparative Negligence State, an at-fault driver is also entitled to file a personal injury lawsuit for damages, even if he or she was partially at fault for causing a truck accident. 

STATUTE OF LIMITATION FOR FILING A TRUCK ACCIDENT CASE IN FLORIDA 

There are specific time limits, restrictions and rules for filing an accident claim.  An experienced truck accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for truck accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

It is in the best interests of the plaintiff to enlist the services of an experienced truck accident lawyer.  Trucking companies are only required to keep records for six months. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed.  Numerous records have to be collected and opinion of experts has to be sought.  

COMPENSATION FOR VICTIM OF A TRUCK ACCIDENT IN  MIAMI. 

 Miami truck accident lawyers seek to get maximum compensation for the victim of a truck accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. 

HOW MUCH COMPENSATION CAN YOU RECOVER? 

Factors that influence the amount of Compensation you might receive include: 

  • The severity of your injuries. 
  • The value of your medical expenses. 
  • Whether you can establish that the truck driver or the responsible party was at fault. 
  • Whether you have missed time from work due to the accident. 
  • Your age. 
  • The impact of the accident on your lifestyle and quality of life. 

Florida laws provide compensation to truck accident victims for injuries and damages caused by the negligence of truck drivers.  Given below are the types of damages that a victim of a truck accident may be able to recover:- 

ECONOMIC DAMAGES. 

  • Past and future medical bills. 
  •  Past and future lost wages and business income. 
  • Loss of future earning capacity.  

NON ECONOMIC DAMAGES. 

  • Pain and Suffering
  • Emotional distress. 
  • Loss of consortium. 
  • Loss of enjoyment of life. 

     

     

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced truck accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws.  Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of truck accidents in Miami and all across Florida. 

 Accident cases involve complex and intricate legal concepts.   If you hire our Miami truck accident lawyers, you can expect the following:- 

1.   THOROUGH INVESTIGATION OF THE ACCIDENT. 

Our truck accident lawyers compile and analyze evidence such as: 

  • Accident scene evidence. 
  • Eyewitness statements. 
  • Damage to all vehicles involved. 
  • Cellphone records of the truck driver. 
  •  Driver’s toxicology test results. 
  • Police accident reports. 
  • Driver’s criminal and traffic background. 
  • The trucking company’s history of violating safety rules. 
  • Logbook and other company records. 
  • Electronic data recorder “Black Box” data. 
  • Satellite tracking data. 
  • Vehicle Inspection Reports. 
  • Drivers 

     

2.   CONSULT EXPERTS FROM VARIOUS FIELDS. 

Thanks to our vast experience in auto accident cases, we have built a network of experts which includes: 

  • Accident reconstruction experts. 
  • Rules compliance/ safety experts. 
  • Driver training (trucking school) experts. 
  • Mechanics and Engineers. 
  • Experts from various areas of medicine. 
  • Life care planners. 
  • Toxicology experts. 

     

3.   PROTECTING AND PRESERVING EVIDENCE. 

Our Miami truck accident lawyers seek Court Orders to force trucking companies to provide and preserve any evidence that is important in the case. Our team of experienced truck accident lawyers collect, review and document medical records of victims which are essential in determining adequate compensation that he or she is entitled to.  

 

4.   SEEK A TIMELY SETTLEMENT. 

Our team of Miami truck accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.   

Our Florida truck accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients. 

 

5.   TAKE YOUR CASE TO COURT. 

If the need arises, our team of truck accident lawyers in Miami are prepared to take the case to court for trial. 

CONTACT A MIAMI TRUCK ACCIDENT LAWYER. 

If you or your loved one has been injured due to the carelessness or negligence of a truck driver, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced truck Accident lawyer at our firm for a free case evaluation right away. 

ridesharing

MIAMI UBER ACCIDENT LAWYERS

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Many people in Miami and all across Florida prefer to use Uber and other ride sharing services instead of taxis, trains and buses for daily transportation needs.  People find these services easier to use and cheaper compared to other modes of transportation. 

If a driver of an Uber hit you while you were driving, biking or walking or if you were a passenger in an Uber which was involved in an accident, you should treat it like any other accident and immediately seek help from an experienced Miami Uber accident lawyer.  

If you have been the victim of an accident involving a Uber, our team of Uber accident lawyers recommends that you do the following:- 

  • Seek emergency medical assistance if anyone is injured. 
  • Call the Police. 
  • When the Police arrive, make sure you let them know whether you were a passenger in an Uber or were hit by an Uber while driving, biking or walking.  Mention injuries sustained. 
  • Take photographs at the scene of the accident. 
  • Get contact information of the drivers involved in the accident and also of witnesses. 
  • Take a picture of the at fault vehicles License Plate
  • Contact a Miami Uber accident attorney as soon as possible. 

 

UBER’S INSURANCE POLICIES.  

Uber considers “ three periods” while determining eligibility for coverages.  Whether the accident is covered depends on when the accident took place, as detailed below: 

  • FIRST PERIOD. 

This period starts when the app is turned on and the driver is awaiting ride requests.  In this period, drivers receive limited liability coverage ($50,000/ per person/ $100,000 total/ $25,000 property damage).  For all other types of coverage, drivers are required to have own personal insurance. 

  • SECOND PERIOD. 

    Period two begins when the driver goes to pick up a passenger.  Uber provides handsome coverages in this period with up to $ one (1) million of liability coverage and full coverage for vehicle damages.  Uber demands proof that a driver was on course to pick up a passenger when the accident occurred.  If the driver fails to provide sufficient proof, Uber can claim driver was in period one. 

     
  • PERIOD THREE. 

    This period is active during the time a passenger is in the vehicle.  This is probably the easiest period for a Miami Uber accident lawyer to prove.  Presence of a passenger makes insurance claims of both the passenger and the driver almost undeniable.  In such cases, attorneys will be able to negotiate fair settlement terms without much resistance.  Coverages are similar to those in period two. 

COMMON CAUSES OF UBER ACCIDENTS. 

 Government agencies and ride sharing services like Uber work together to ensure road, vehicle, driver and passenger safety,  yet accidents involving Uber and other ride hailing services continue to rise.  Some major factors that contribute to these accidents are:- 

1.   Driver errors. 

The most common errors of Uber drivers that lead to accidents are as follows: 

  • Speeding.
  • Looking at Uber/Lyft App while driving.
  • Looking at Navigation Software while driving
  • Distraction/ Inattention. 
  • Failure to yield right of way. 
  • Impairments (alcohol, illness, fatigue). 
  • Reckless driving. 
  • Failure to keep in proper lane
     

2.   Uber and other ride sharing service companies contracting unfit drivers. 

3.   Failure of Uber and other ride sharing services to train and supervise their contracted drivers. 

4.   Failure of Uber and other ride sharing services to inspect and maintain vehicles regularly. 

5.   Allowing or encouraging Uber and other ride sharing services drivers to work excessive driving hours. 

6.   Defective parts such as tires, wheels, brakes or axles.

TYPES OF INJURIES SUSTAINED IN UBER ACCIDENTS. 

 Most common Uber accident injuries are :- 

  • Broken bones and Fractures.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Concussions.
  • Internal bleeding.
  • Scarring and Lacerations.
  • Traumatic brain injuries.
  • Serious burns.
  • Permanent disability.
  • death.
  • Herniated disc

     

STATUTE OF LIMITATION FOR FILING AN UBER ACCIDENT CASE IN FLORIDA 

There are specific time limits, restrictions and rules for filing an accident claim.  An experienced Uber accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for Uber accidents is four years after the accident occurred.  In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

It is in the best interests of the plaintiff to enlist the services of an experienced Uber accident lawyer.  In Florida, a victim is required to file a police report within ten days of the accident.  It is also necessary to notify Uber or Lyft about the accident as soon as possible. 

COMPENSATION FOR VICTIM OF A UBER OR LYFT ACCIDENT IN MIAMI. 

 Miami Uber and Lyft accident lawyers
eek additional compensation for injuries sustained. 

 Given below are the types of damages that a victim of a Uber accident may be able to recover:- 

ECONOMIC DAMAGES. 

  • Past and future medical costs. 

In most of the Uber accident cases, the medical bills are the largest single expense incurred by the victim.  Most of the compensation received by victims goes towards payment of medical costs. 

  • Future medical costs. 

    After initial treatment and rehabilitation, victims of Uber and Lyft accidents often require further medical care in the future.  It is necessary for victims to receive adequate compensation to take care of future medical costs. 

     
  •  Lost wages and business income. 

    A victim, whether employed, self employed or a business owner, is entitled to recover compensation for the time spent away from work or business. 

     
  • Loss of future earning capacity. 

    Some injuries harm the victims in such a manner that they are no longer able to do the job that they were doing before the accident. In many instances, a victim may have to change from a full time job to a part time job or move from a highly paid job to a lower remuneration job.  In such cases, additional compensation is awarded. 

     
  • Permanent injury and disability. 

    Some injuries have life long implications on the health of a victim of an Uber accident. 

In many cases, victim never recovers fully from his or her injuries. 

NON ECONOMIC DAMAGES. 

  • Pain and suffering. 

Injuries cause pain which can be extreme and debilitating.  Such pain Is accompanied by emotional suffering and stress.  Florida law allows victims to collect compensation for such sufferings. 

  • Emotional distress. 

    Additional mental and emotional illnesses can arise from injuries sustained in a Uber accident.  Emotional distress, if proven by experts can support a victim’s claim for compensation. 

     
  • Loss of consortium. 

    Injuries sustained in Uber accidents can limit and restrict a victim’s basic life functions resulting in loss of love, affection and companionship.  Under loss of consortium, a victim can claim damages for physical isolation suffered due to injuries sustained. 

     
  • Loss of enjoyment of life. 

    A victim of an Uber accident is entitled to receive compensation if he or she is unable to perform physical, social and recreational activities which he or she enjoyed performing before sustaining injuries in the accident. 

     

WHY HIRE KAIRE & HEFFERNAN? 

Our qualified and experienced Uber accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws.  Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of Uber accidents in Miami and all across Florida. 

 Accident cases involve complex and intricate legal concepts.   If you hire our Miami Uber accident lawyers, you can expect the following:- 

1.   THOROUGH INVESTIGATION OF THE ACCIDENT. 

Our Uber accident lawyers compile and analyze evidence such as: 

  • Accident scene evidence. 
  • Circumstances of the accident. 
  • Eyewitness statements. 
  • Damage to all vehicles involved. 
  • Cell phone records. 
  •  Uber driver’s toxicology test results. 
  • Police accident reports. 
  • Uber driver’s criminal and traffic background. 
  • Uber’s history of violating safety rules. 
  • Whether Uber conducted a thorough background check before contracting the driver. 
  • Whether the driver’s car was in compliance with Uber’s standards and/or Florida regulations. 
  • Whether Uber received any complaints in the past about the driver and if so, what actions did the company take. 

     

2.   CONSULT EXPERTS FROM VARIOUS FIELDS. 

Thanks to our vast experience in auto accident cases, we have built a network of experts which includes: 

  • Accident reconstruction experts. 
  • Rules compliance/ safety experts. 
  • Driver training (driving school) experts. 
  • Mechanics and Engineers. 
  • Experts from various areas of medicine. 
  • Life care planners. 
  • Toxicology experts. 
  • Contract experts. 

     

3.   DETERMINE ADEQUATE COMPENSATION. 

Our Miami Uber accident lawyers collect, review and document medical records of a victim which are essential in determining adequate compensation that he or she is entitled to.  

 

4.   SEEK A TIMELY SETTLEMENT. 

Our team of Miami Uber accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.   

Our Florida Uber accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients. 

 

5.   TAKE YOUR CASE TO COURT. 

If the need arises, our team of Uber accident lawyers in Miami are prepared to take the case to court for trial. 

CONTACT A MIAMI UBER ACCIDENT LAWYER. 

If you or your loved one has been injured due to the carelessness or negligence of an Uber driver,  you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced Uber accident lawyer at our firm for a free case evaluation right away. 

Miami Truck Accident Lawyers

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All auto accidents are dangerous. However, if such accidents involve a truck, then the risk of serious injuries and even death increases significantly.   The cost of injuries and damages rise in accidents involving trucks. 

A victim of a truck accident enters into a legal battle with the driver, the trucking company, and the insurance company to receive full compensation for Injuries, which is impossible without the able guidance of a competent and experienced truck accident lawyer. 

If you have been the victim of a truck accident, then the actions you take soon after a truck accident can have a major impact on your case.  Our truck accident lawyers recommend that you do the following:- 

  • STAY AT THE SCENE OF THE ACCIDENT. 

After an accident, do not leave the scene of the accident.  Stay in the vicinity of the accident scene and remove yourself, your passengers and the vehicle from being exposed to further harm. 

  • REPORT THE ACCIDENT. 

    It is important to call emergency services and the Police to report the accident. 

     
  • ASSESS INJURIES. 

    Check on the people involved in the accident .  Assess their injuries and your own injuries as well.  If necessary go to the emergency room as soon as possible to check for potential injuries. 

     
  • TAKE PHOTOS AND CAPTURE VIDEO FOOTAGE OF THE WRECK. 

    If possible, use your cellphone to capture images of the entire scene and also of vehicles involved in the accident from various angles.  It is important to take photos of road signs, road conditions (such as slickness from rain).  Check for skid marks left on the road by the vehicles involved in the accident. The truck accident company will likely have their safety investigator on the scene. Accordingly, you should either call a lawyer right away or you should photograph the scene.

     
  • AVOID MAKING STATEMENTS OR GIVING DETAILS OF THE ACCIDENT ON SOCIAL MEDIA. 

    Posts on social media right after an accident can be used against you in an injury lawsuit with regard to severity of injuries sustained.  While speaking to representatives of other parties involved in the accident, refrain from blaming anyone or accepting blame for the accident. 
  • GET YOURSELF ASSESSED FOR SERIOUS INJURIES. 

Concussions and internal bleeding do not show obvious symptoms right away. Medical records of injuries sustained can be vital in recovering adequate compensation. 

COMMON CAUSES OF TRUCK ACCIDENTS. 

 Government agencies and truck manufacturers work together to ensure road, vehicle and driver safety,  yet truck accident numbers continue to rise.  Some major factors that contribute to truck accidents are:- 

1.   Driver errors. 

The most common errors of truck drivers that lead to accidents are as follows: 

  • Speeding. 
  • Distraction/ Inattention. 
  • Failure to yield right of way. 
  • Impairments (alcohol, illness, fatigue). 
  • Reckless driving. 
  • Failure to keep in proper lane. 

2.   Trucking companies hiring unfit drivers who lack the required commercial driving license (CDL). 

3.   Failure of trucking companies to train and supervise their drivers. 

4.   Failure of trucking companies to inspect and maintain vehicles regularly. 

5.   Improperly loading cargo. 

6.   Allowing or encouraging truck drivers to work excessive driving hours. 

7.   Defective parts such as tires, wheels, brakes or axles. 

8.   Failure of state to properly maintain roads. 

TYPES OF TRUCK ACCIDENTS. 

The most common types of truck accidents are:- 

  • Head on trucking accidents. 
  • Rear end trucking accidents. 
  • Rollover trucking accidents. 
  •  Jack knife trucking accidents. 
  • Tire blowouts. 
  • Trailer load spills. 

TYPES OF INJURIES SUSTAINED IN TRUCK ACCIDENTS. 

 Most common truck accident injuries are :- 

  • Broken bones and Fractures.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Concussions.
  • Internal bleeding.
  • Scarring.
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • death.

     

STATUTE OF LIMITATION FOR FILING A TRUCK ACCIDENT CASE IN FLORIDA 

There are specific time limits, restrictions and rules for filing an accident claim.  An experienced Miami truck accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for truck accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

It is in the best interests of the plaintiff to enlist the services of an experienced truck accident lawyer.  Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed.  Numerous records have to be collected and opinion of experts has to be sought.  

COMPENSATION FOR VICTIM OF A TRUCK ACCIDENT IN  MIAMI. 

 Miami truck accident lawyers seek to get maximum compensation for the victim of a truck accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. 

Florida laws provide compensation to truck accident victims for injuries and damages caused by the negligence of truck drivers.  Given below are the types of damages that a victim of a truck accident may be able to recover:- 

ECONOMIC DAMAGES. 

  • Past and current medical costs. 

In most of the truck accident cases, the medical bills are the largest single expense incurred by the victim.  Adequate medical care and treatment is required by the victim for his injuries. 

  • Future medical costs. 

    After initial treatment and rehabilitation, victims of truck accidents often require further medical care in the future.  Expert testimony from doctors and therapists can establish that the victim requires further extensive treatment. 

     
  •  Lost wages and business income. 

    A victim, whether employed, self employed or a business owner, is entitled to recover compensation for the time spent away from work or business. 

     
  • Loss of future earning capacity. 

    Some injuries harm the victims in such a manner that they are no longer able to do the job that they were doing before the accident. In many instances, a victim may have to change from a full time job to a part time job or move from a highly paid job to a lower paying job.  In such cases, additional compensation maybe awarded. 

     
  • Permanent injury and disability. 

    Some injuries have life long implications on the health of a victim of a truck accident. 

A victim never recovers fully from his injuries. 

NON ECONOMIC DAMAGES. 

  • Pain and suffering. 

Injuries cause pain which can be extreme and debilitating.  Such pain is accompanied by emotional suffering and stress.  Florida law allows victims to collect compensation for such suffering. 

  • Emotional distress. 

    Additional mental and emotional illnesses can arise from injuries sustained in a truck accident.  Emotional distress, if proven by experts can support a victim’s claim for compensation. 

     
  • Loss of consortium. 

    Injuries sustained in truck accidents can limit and restrict a victim’s basic life functions resulting in loss of love, affection and companionship.  Under loss of consortium, a victim can claim damages for physical isolation suffered due to injuries sustained in truck accident. 

     
  • Loss of enjoyment of life. 

    A victim of a truck accident is entitled to receive compensation if he or she is unable to perform physical, social and recreational activities which he or she enjoyed performing before sustaining injuries in the truck accident. 

     

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced Miami truck accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of truck accidents in Miami and all across Florida. 

 Accident cases involve complex and intricate legal concepts.   If you hire our Miami truck accident lawyers, you can expect the following:- 

1.   THOROUGH INVESTIGATION OF THE ACCIDENT. 

Our truck accident lawyers compile and analyze evidence such as: 

  • Accident scene evidence. 
  • Eyewitness statements. 
  • Damage to all vehicles involved. 
  • Cellphone records. 
  •  Driver’s toxicology test results. 
  • Police accident reports. 
  • Driver’s criminal and traffic background. 
  • The trucking company’s history of violating safety rules. 
  • Logbook and other company records. 
  • Electronic data recorder “Black Box” data. 

2.   CONSULT EXPERTS FROM VARIOUS FIELDS. 

Thanks to our vast experience in auto accident cases, we have built a network of experts which includes: 

  • Accident reconstruction experts. 
  • Rules compliance/ safety experts. 
  • Driver training (trucking school) experts. 
  • Mechanics and Engineers. 
  • Experts from various areas of medicine. 
  • Life care planners. 
  • Toxicology experts.  

3.   PROTECTING AND PRESERVING EVIDENCE. 

Our Miami truck accident lawyers seek Court Orders to force trucking companies to provide and preserve any evidence that is important in the case. Our team of experienced truck accident lawyers collect, review and document medical records of victims which are essential in determining adequate compensation that he or she is entitled to.  

 

4.   SEEK A TIMELY SETTLEMENT. 

Our team of Miami truck accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.   

Our Florida truck accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients. 

 

5.   TAKE YOUR CASE TO COURT. 

If the need arises, our team of truck accident lawyers in Miami are prepared to take the case to court for trial. 

CONTACT A MIAMI TRUCK ACCIDENT LAWYER. 

If you or your loved one has been injured due to the carelessness or negligence of a truck driver, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced truck Accident lawyer at our firm for a free case evaluation right away. 

pedestrian accident

Miami Pedestrian Accident Lawyers

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Walking is one of the best ways to get around Miami. Unfortunately, pedestrian accidents due to negligence are one of the greatest causes of deaths and serious injuries in Miami and throughout Florida.  

Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”  

To prove negligence, the plaintiff (the injured party) must establish the following four main elements:- 

  • The defendant (the accused party) owed the plaintiff a reasonable duty of care.   

Drivers owe a duty of care towards pedestrians and others on the roadway when they get behind the wheel of a vehicle. 

  • The Defendant breached his or her duty of care. 

    The breach of care by the defendant is the crux of the personal injury law.  It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant. 

     
  • The breach of duty by the Defendant caused the accident. 

    It is not enough to show that the Defendant was negligent, careless or reckless, it has to be established beyond reasonable doubt that his or her act of negligence was the main cause of the accident. 

     
  • The accident caused compensable damages. 

The plaintiff has to establish that he or she suffered damages due to the breach of duty by the Defendant.  Damages may include physical injury, pain and suffering, economic damages, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage.  

Pedestrians who survive accidents involving cars, trucks, buses, motorcycles, or other vehicles often suffer serious Injuries.  Pedestrians have no protection if a vehicle crashes into them. 

Motorists have seatbelts and airbags, motorcyclists and bicyclists often wear helmets and other protective and safety gear, but pedestrians have nothing to lessen the force of the impact. 

Most victims of pedestrian accident require months or even years of intensive medical treatment and rehabilitation before they recover. 

COMMON CAUSES OF PEDESTRIAN ACCIDENTS. 

 Government agencies work diligently to ensure pedestrian safety by reducing speed limits and introducing stricter traffic laws, yet accident numbers continue to rise.  Some major factors that contribute to pedestrian accidents are:- 

  • Driving under the influence of alcohol or drugs. 
  • Distracted drivers or pedestrians. 
  • Falling asleep while driving. 
  • Speeding. 
  • Recklessness. 
  • Bad weather conditions. 
  • Failure to obey traffic rules. 
  • Roadways in a bad condition. 
  • Construction zone. 
  • Pedestrians not using crosswalks to cross roads. 
  • Pedestrians wearing clothes of darker colors at night. 

TYPES OF INJURIES SUSTAINED IN PEDESTRIAN ACCIDENTS. 

Most common pedestrian accident injuries are :- 

  • Broken bones and Fractures.
  • Facial injuries .
  • Spinal injuries/ paralysis.
  • Loss of limbs and amputations.
  • Road Burns/Scarring
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • Death.

     

STATUTE OF LIMITATIONS FOR FILING A PEDESTRIAN ACCIDENT CASE IN FLORIDA 

There are specific time limits, restrictions and rules for filing a pedestrian accident claim.  An experienced pedestrian accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for pedestrian accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida. 

COMPENSATION FOR VICTIM OF A PEDESTRIAN ACCIDENT IN  MIAMI. 

Our Miami pedestrian accident lawyers seek to get maximum compensation for the victim of an accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. 

If the victim of a pedestrian accident owns a car and has Florida’s mandatory Personal injury Protection (PIP) insurance, his or her injuries and lost wages will be covered up to $10,000.  If the victim of the pedestrian accident does not own a car, then the at fault party’s PIP insurance will cover the damages and costs.  In most cases, this Insurance is not sufficient to cover the victim’s total amount of accident related expenditure.  

Florida, being a Comparative Fault State,  allows a person to recover damages irrespective of his or her degree of fault.  A Court will apportion fault among the parties, and the plaintiff is entitled to recover damages to the extent, he or she is not responsible for causing his or her injuries.  

 Our attorneys help victims recover:- 

  • MEDICAL EXPENSES. –  A Victim of a pedestrian accident is entitled to recover medical expenses which include current expenses as well as projected future medical costs. 
  • LOST WAGES. – If the Victim had to miss work while recovering from the accident, he or she is entitled to receive wages for the period of time he or she was absent from work. 
  • POTENTIAL FUTURE EARNINGS – If the Victim is unable to return to work at the same hours or on same pay or even to do same tasks, he or she is entitled to receive compensation for future loss of earning capacity. 
  • OTHER DAMAGES – Victim is entitled to claim damages for the pain and suffering, mental distress, physical pain and loss of enjoyment of life.  

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced Miami pedestrian accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through pedestrian accident laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of pedestrian accidents in Miami and all across Florida. 

Our pedestrian accident attorneys compile evidence to support and substantiate a pedestrian accident claim.  Our team recreates accident scenes, collects witness statements, investigates the driving history of the at fault driver and reviews traffic camera footage, if available.   

Our team of Miami pedestrian accident lawyers are skilled negotiators and dynamic litigators who know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.   Our team will:- 

  • Identity potential defendant/s. 
  •  Gather accident reports, medical records. 
  • Document all of the victim’s medical treatment. 
  • Seek compensation from the liable parties. 
  • Stand up to insurance companies and force them to consider a victim’s claim seriously. 
  • Consult with leading pedestrian injury experts to determine what victim’s claim is worth. 
  • Advise the victim so he or she can make informed decisions. 

CONTACT A MIAMI PEDESTRIAN ACCIDENT LAWYER. 

If you or your loved one has been injured due to the carelessness or negligence of any of the following : 

  • Driver of a passenger vehicle. 
  • Bus driver. 
  • Motorcyclist. 
  • Manufacturer of a defective vehicle or product, or a 
  • Government agency. 

Then you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Pedestrian Accident lawyer at our firm for a free case evaluation right away. 

How To Prepare For A Safe Summer Road Trip

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Every summer sees an increase in packed cars and RVs on the road, full of families off on their summer vacation road trips. This number may increase this summer as families search for ways to safely leave their homes during COVID-19. Road trips are adventures that build memories for families, but accidents can happen. Prevent mishaps and injuries by preparing for your trip with safety in mind. 

Get Your Car Ready 

Your car will play a big role in keeping your trip safe and on schedule. Before you take the trip, you should give your car a thorough inspection. Schedule necessary maintenance such as oil changes or a tune-up. 

When looking over your car, be sure to check: 

  • Windshield wipers 
  • Fluids 
  • Tires 
  • Battery 
  • Brakes 

    Make necessary fixes or replacements or take your car to your mechanic to have the necessary services performed. Taking the time to get your car ready can prevent breakdowns or accidents. 

    Pack Your Car 

    When packing your car, you should think about what you’re packing, as well as the way you’re packing it. Be sure that you have a spare tire for your car, as well at the correct tire iron and a jack. If you have to pull over after getting a flat tire, be aware of the space you place between your car and traffic on the road. Many individuals out of the cars on the side of the road have been struck and injured or killed in the past. In fact certain portions I-95 do not have an emergency shoulder, as the emergency lane was re purposed for a profit generating express lane. You may also consider purchasing a road safety kit, which contains items like a reflective vest, a flashlight, jumper cables, and other tools to help get you back on the road. Don’t forget to pack a basic first-aid kit as well. 

    When packing your car, take into account your car’s weight limit and where the weight is in the car. Heavy items should be loaded close to the floor, and roof racks or roof-mounted cargo containers should only be used to carry lightweight, bulky items. Placing too much weight on the roof of your car can change the way it handles and increase the risk that you will lose control or roll over. It is also important to pack emergency supplies and tire changing tools where they can easily be reached if needed. 

    Unloading your entire car on the side of the road probably isn’t your idea of a good vacation memory. Make sure that maps or GPS devices, drinks, snacks, entertainment, and coats are where they can easily be reached during the trip. 

    Drive Safely 

    The final way to prevent accidents on your trip is to observe safe driving habits. Reduce distractions and ask a passenger to take care of the maps, music, or snacks. Always wear a seat belt and follow the rules of the road. Stop for gas before you get too low and take stops to stretch and move around to reduce soreness or strain from the drive. Keep your speeds low and allow plenty of space when navigating unfamiliar highways. If driving at night, in poor weather, or in traffic, be sure to reduce your speed as well. 

    Vacations should always be worry-free, and a little preparation can help keep yours that way. Keep your trip safe and fun by following these tips to prevent car accidents. If you are injured, however, an experienced Miami personal injury attorney can help you fight for your right to compensation. 

    At Kaire & Heffernan, we hope that your summer trips are always safe and injury-free. If you or a loved one is involved in an accident, you can trust that our Miami personal injury attorneys will be there for you. We can help you devise a strategic plan to recover the damages you deserve, and our caring team offers personalized client service to suit your needs

Miami Motorcycle Accident Lawyer

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Florida holds the dubious distinction of being the state with the highest number of motorcycle fatalities in the country.  Every year more than 8000 motorcyclists are injured in accidents in the state. 

A motorcycle rider injured in an accident must first seek proper medical treatment and then enlist the services of an experienced motorcycle accident lawyer in Miami to help him or her overcome the legal hurdles that he or she might face following a crash.  An experienced Miami Motorcycle Accident Lawyer guides a victim through the following stages in a motorcycle accident case.:- 

STAGES IN A MOTORCYCLE ACCIDENT CASE. 

  • INVESTIGATION. 

An experienced Florida Motorcycle Accident Attorney will conduct an in depth investigation to determine whether the facts and circumstances genuinely support a claim for damages.  The lawyer will seek to address the following questions:- 

  1. Which of the party/parties were at fault. 

    Determining who was at fault can be very difficult.  The insurance company of the opposing party will attempt to transfer the blame on the victim for causing or contributing to the accident. 
  2. Were injuries sustained, and if so, were they caused by the accident? 

    It is vital to document injuries caused by the accident.  Injuries are documented by collecting and studying medical records, medical bills, doctor’s evaluation etc. 
  3. Is there insurance available to provide adequate compensation? 

    A Motorcycle Accident Lawyer will seek to identify all potential sources of compensation for a accident victim.  The lawyer will evaluate insurance coverage of the at fault parties and ascertain other possible sources of insurances available to the victim such as personal injury protection and health insurance. 
  • SENDING DEMAND LETTER WITH COMPILATION OF DOCUMENTS TO INSURANCE COMPANY. 

    The lawyer sends a demand letter to the insurance company to notify of the victim’s claims.  A demand letter is drafted professionally and precisely by the lawyer and is supported by necessary documents which contain:- 
    1. A summarized list of all the facts and information regarding victim’s claim. 
    2. Victim’s rationale explaining the liability of the at fault party. 
    3. Detailed description regarding the medical treatment undergone by the victim and the expenses incurred. 
    4. Detailed description of all income lost. 
    5. Detailed description of all types of damages and losses sustained. 
    6. A demand for a compensation amount to resolve the claim. 
  • NEGOTIATIONS. 

    After intensely scrutinizing the claim made by the victim in the demand letter, the insurance company may:- 
    • ACCEPT DEMAND. 

      In this  scenario,  insurance company accepts the demand and agrees to the compensation claimed in the demand letter.  Such a thing rarely happens as Insurance companies always indulge in negotiations to bring down the claim made by the victim. 
    • COUNTER OFFER MADE BY THE INSURANCE COMPANY. 

      The insurance company offers the victim an amount less than what he or she had asked for in the demand letter.  The victim decides to accept such an offer, or continue negotiations or file a lawsuit after consulting his lawyer. 
    • INSURANCE COMPANY DENIES CLAIM. 

      The insurance company may deny the claim outright and refuse to pay. 
  • LAWSUIT. 

    In the event of a victim rejecting the offer of the insurance company or the insurance company denying the claim of the victim outright, the victim through his lawyer files a lawsuit. 
  • MEDIATION. 

    In Florida, all accident cases are ordered to mediation by the presiding Judge assigned to conduct the trial.  In mediation, a neutral mediator, usually a retired Judge or a lawyer, assists the parties to amicably settle issues and differences in the case.  

    The mediator helps the parties to reach a mutually agreeable solution.  A mediator generally does not render a decision.  If parties reach a settlement, insurance company will transfer the agreed upon amount to the victim who in turn will dismiss the lawsuit. 

    If parties are unable to reach a settlement,  the case will go to trial. 
  • TRIAL. 

    The case will be conducted before a jury and a judge .   

    Phases of a trial are as follows:- 
    • Jury selection. 
    • Opening statements. 
    • Witness testimony. 
    • Closing arguments. 
    • Instructing the jury. 
    • Deliberations and 
    • Verdict. 

      A jury verdict is unpredictable and this reason motivates parties to settle a case and not leave the outcome in the hands of a jury. 

Lawsuits are an expensive proposition and litigating parties face mounting legal costs. 

A party unhappy with a verdict can seek to Appeal if there is sufficient legal basis for it. 

Florida requires motorcycle riders to take a basic rider course and to get a proper license, or an endorsement added to their existing driver’s license. 

A 2018 report from the National Transportation Safety Board found that 64% of motorcycle related accidents were caused due to a negligent act of another vehicle driver and not due to the fault of a motorcycle rider. 

Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”  

To prove negligence, the plaintiff (the injured party) must establish the following four main elements:- 

  • The defendant (the accused party) owed the plaintiff a reasonable duty of care.   

All motorists such as car drivers, truck drivers and motorcycle riders owe a duty of care towards other riders, drivers, passengers, pedestrians and others on the roadways. 

  • The Defendant breached his or her duty of care. 

    The breach of care by the defendant is the crux of the personal injury law.  It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant. 
  • The breach of duty by the Defendant caused the accident. 

    It is not enough to show that the Defendant was negligent, careless or reckless, it has to be established by a preponderance of the evidence that his or her act of negligence was the main cause of the car crash. 
  • The accident caused compensable damages. 

The plaintiff has to establish that he or she suffered damages due to the breach of duty by the Defendant.  Damages may include economic damages, pain and suffering, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage.  

COMMON CAUSES OF MOTORCYCLE ACCIDENTS/CRASHES: 

 Some major factors that contribute to motorcycle accidents are:- 

  • Inexperienced riders. 
  • Riding under influence of drugs or alcohol. 
  • Distractions (Texting, eating or talking on a cellphone.). 
  • Speeding. 
  • Failure to obey traffic rules. 
  • Tailgating. 
  •  Lane splitting. 
  • Poor weather and road conditions. 
  • Failing to wear or improper use of protective gear (helmets, leather clothing). 

TYPES OF INJURIES SUSTAINED IN MOTORCYCLE COLLISIONS/ CRASHES. 

Motorcycle accident injuries vary from person to person, and from crash to crash.  Most common motorcycle accident injuries are :- 

  • Broken bones and Fractures.
  • Injuries to the chest.
  • Leg and knee injuries.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Scarring.
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • Wrongful death.

STATUTE OF LIMITATION FOR FILING A MOTOR CYCLE ACCIDENT CASE IN FLORIDA 

There are specific time limits, restrictions and rules for filing a accident claim.  An experienced motorcycle accident lawyer ensures that a victim fully understands the Federal, State and Local laws that might apply to his or her case.  Florida statute of Limitations for motorcycle accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

It is in the best interests of the plaintiff to enlist the services of an experienced Miami motorcycle accident lawyer.  Sufficient time is necessary to collect evidence to establish the defendant’s liability.  Numerous records have to be collected and opinion of experts has to be sought.  

Motorcycle accident cases must be filed at the earliest as these cases rely heavily on witness statements.  After a few weeks, witnesses tend to forget details about the accident.  

COMPENSATION FOR VICTIM OF A MOTORCYCLE ACCIDENT IN  MIAMI. 

Our Miami motorcycle accident lawyers seek to get maximum compensation for the victim of a motorcycle accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. 

Several states will not allow a person to recover damages if he or she contributed to, or is more than 50% responsible for his or her own injuries.  Florida, being a Comparative Fault State,  allows a person to recover damages irrespective of his or her degree of fault.  A Court will apportion fault among the parties, and the plaintiff is entitled to recover damages to the extent, he or she is not responsible for causing his or her injuries.  In Florida, the median hospital bill for a injured motorcyclists is approximately $47,000. 

Our Miami motorcycle Accident lawyers help victims recover compensatory damages mentioned below:- 

ECONOMIC DAMAGES. 

  • Medical Bills. 
  • Lost Wages. 
  • Lost earning capacity. 
  • Property damage. 
  • Estimated future medical expenses. 
  • Out of pocket expenditure. 

NON-ECONOMIC DAMAGES. 

  • Pain and suffering.
  • Mental anguish.
  • Loss of companionship.
  • Emotional distress.
  • Loss of enjoyment of life.

Punitive damages can be sought too.  For a case to qualify for punitive damages, the victim will have to prove that the at fault party’s conduct was malicious, wilful and reckless.  

DETERMINATION OF FAULT IN A FLORIDA MOTORCYCLE ACCIDENT. 

Florida is a no fault state, which means that in the event of an accident, riders have to turn to their own vehicle insurance for coverage.  It means each person’s insurance company pays for their own client’s accident expenses.  Who was responsible for the accident is not taken into consideration. 

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced Miami Motorcycle Accident Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of motorcycle accidents in Miami and all across Florida. 

Our team of motorcycle Accident lawyers in Miami are experienced at collecting and protecting evidence. They know how to obtain and review medical records and have access to top motorcycle industry experts. 

Our team of Miami motorcycle accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.   

CONTACT A MIAMI MOTORCYCLE ACCIDENT LAWYER. 

If you or your loved one has been injured due to the carelessness or negligence of someone else, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced Motorcycle Accident lawyer at our firm for a free case evaluation right away. 

Bicycle Safety Tips

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In recent decades, riding a bicycle has evolved into more than just a recreational activity for Miami residents. Many choose to use a bike as their primary mode of transportation, especially over reasonably short distances. For example, biking to work or school is now commonplace in many Florida communities.

Even though all who use roads and sidewalks share in the responsibility to keep each other safe, motor vehicle accidents affecting cyclists occur all too often. Seeking a legal remedy is your right after suffering injuries in a crash caused by someone’s negligence. However, most residents agree that avoiding a crash altogether is the best approach to remain injury-free. The tips below can help you stay safe from collisions while biking in Miami.

  • Slow down and look in all directions for traffic when crossing streets and intersections
  • Always ride your bike in the same direction as traffic
  • Avoid using devices like phones and music players while biking
  • Make sure people in vehicles can see you by waving or making eye contact
  • Obey all traffic laws to increase your safety and clear you of blame if a crash occurs
  • Improve your visibility while biking at night by wearing bright and reflective clothing

     

    If you suffer severe injuries from a motor vehicle accident while riding your bicycle, consider reaching out for legal guidance. This step helps you acquire significant financial compensation to manage your injuries properly and get back to your way of life as quickly as possible. Calling out another party’s negligent actions by filing an injury claim can also help others like you avoid suffering a similar fate.

     

    For More Information and a Free Consultation if you have been injured in a Miami Bicycle Accident please don’t hesitate to reach out to our experienced Miami Bicycle Accident Lawyers today!

Miami Car Accident Lawyer

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As our economy and schools reopen, we begin to see the traffic we are accustomed to. Thus, it is a good time to remember that Driving is a privilege, not a right.  Every driver has a legal obligation to act in a manner prescribed by law.  Failure to do so can result in an accident.

According to the Florida Highway Safety and Motor Vehicles Department, an estimated 200,000 accidents are recorded in Florida every year.  Car accidents due to negligence are one of the greatest causes of deaths and serious injuries in Miami and throughout Florida.

Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”

To prove negligence, the plaintiff (the injured party) must establish the following four main elements:-

  • The defendant (the accused party) owes the plaintiff a reasonable duty of care.  

All drivers owe a duty of care towards other drivers, passengers, pedestrians and others on the roadway when they get behind the wheel of a vehicle.

  • The Defendant breached his or her duty of care.

    The breach of care by the defendant is the crux of the personal injury law.  It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant.

     
  • The breach of duty by the Defendant caused the accident.

    It is not enough to show that the Defendant was negligent, careless or reckless, it has to be established by a preponderance of the evidence that his or her act of negligence was the main cause of the car crash.

     
  • The accident caused compensable damages.

    The plaintiff has to establish that he or she suffered damages due to the breach of duty by the Defendant.  Damages may include physical injury, pain and injury, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage.

Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of car accidents in Miami and all across Florida.

COMMON CAUSES OF CAR COLLISIONS/CRASHES

 Government agencies and car manufacturers work together to ensure road, vehicle and driver safety,  yet car accident numbers continue to rise.  Some major factors that contribute to car accidents are:-

  • Driving under the influence (DUI), Driving while Intoxicated (DWI).
  • Texting and driving.
  • Falling asleep while driving.
  • Speeding.
  • Failure to obey traffic rules.
  • Roadways in a bad condition.
  • Construction zone.

TYPES OF COLLISIONS/CRASHES.

The most common types of Car accidents are:-

  • Head on collisions.
  • Rear end crash.
  • Side swipe/impact.
  • Hit and run.
  • Truck jackknife.

TYPES OF INJURIES SUSTAINED IN CAR COLLISIONS/ CRASHES.

Car accident injuries vary from person to person, and from crash to crash.  Most common car accident injuries are :-

  • Whiplash
  • Broken bones and Fractures.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Scarring.
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • Wrongful death.

     

STATUTE OF LIMITATION FOR FILING A CAR ACCIDENT CASE IN FLORIDA

There are specific time limits, restrictions and rules for filing a accident claim.  An experienced car accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for car accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit. However, the statute of limitations on a claim for Uninsured Motorist is five (5) years.

If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida.

It is in the best interests of the plaintiff to enlist the services of a experienced  Miami Car Accident lawyer.  Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed.  Numerous records have to be collected and opinion of experts has to be sought.

COMPENSATION FOR VICTIM OF A CAR ACCIDENT IN  MIAMI.

Our Miami car accident lawyers seek to get maximum compensation for the victim of a car accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.

Several states will not allow a person to recover damages if he or she contributed to, or is more than 50% responsible for his or her own injuries.  Florida, being a Comparative Fault State,  allows a person to recover damages irrespective of his or her degree of fault.  A Court will apportion fault among the parties, and the  plaintiff is entitled to recover damages to the extent, he or she is not responsible for causing his or her injuries. 

Compensation awarded in car accident claim can help cover medical expenses, long term medical care, and other damages, not covered by Florida Personal Injury Protection Insurance Plans. 

Florida is a ‘No Fault’ car insurance state which means that each person’s Insurance Company pays for their own insured’s medical expenses.  It is not taken into consideration who was responsible for the accident.

In Florida, In order to recover damages for a personal injury claim against a “at Fault” driver, the injured party must prove he/she sustained a permanent injury. This is done through medical testimony, X-rays, MRI’s, Scarring, etc.

Our Miami Car Accident lawyers help victims recover:-

  • Medical Bills.
  • Lost Wages.
  • Damages suffered due to Pain and Suffering.
  • Damages suffered due to Emotional Distress.
  • Costs of future corrective surgeries.

WHY HIRE KAIRE & HEFFERNAN ?

Car Accident cases involve complex and intricate legal concepts.  Our Miami car accident attorneys possess the ability and skill to access cellphone records, video footage of the crash or of moments leading up to the collision. 

Our team of Car Accident lawyers in Miami are experienced at collecting and protecting evidence. They know how to obtain and review medical records and have access to top auto industry experts and medical doctors.

Our team of Miami car accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.  

CONTACT A MIAMI CAR ACCIDENT LAWYER.

If you or your loved one has been injured due to the carelessness or negligence of another driver, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced Car Accident lawyer at our firm for a free case evaluation right away.

Miami Spinal Cord Injury Lawyer

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Spinal cord injuries are some of the most severe personal injuries we can experience. These injuries can cause paralysis and loss of sensation below the site of the injury.

There are a variety of causes of spinal injuries, including bullet or stab wounds, traumatic injury, diving accidents, electric shocks, extreme twisting, sports injuries, and slip and fall accidents. A serious spinal injury can be a radically life-changing event in an individual’s life.

If you or a loved one has experienced a serious injury to your spinal cord as the result of another person’s negligence it is important that you contact a Miami Spinal Cord Injury Lawyer as soon as possible.

There are many ways the spinal cord can be injured, including paralysis injuries, but spinal cord injuries are broadly divided into two categories: complete and incomplete.

  • Incomplete spinal cord injuries: These account for more than 60 percent of spinal cord injuries. With incomplete injuries, the spinal cord is only partially severed. Some function is retained below the site of the injury.
  • Complete spinal cord injuries: As you’d expect, complete injuries are those that completely sever the spinal cord. These injuries eliminate all function below the site of the injury.
    These are only the broadest categories of spinal cord injuries. These injuries are also differentiated by where the spine was injured (front, back, middle) and the patterns the paralysis takes quadriplegia, paraplegia, etc.

    Spinal cord injuries are also categorized in terms of their level. The level of a spinal cord injury measures which of the vertebrae has been injured. The injury level specifies which portion of the cord (cervical, thoracic, or lumbosacral) has been injured, as well as which particular vertebra has suffered the injury.

    In this naming and numbering system, the higher the number of the vertebra, the lower down the back it is located. The C1 (first cervical vertebra) is the first vertebra of the neck, for example. If you have suffered an injury, your doctor will give you more detailed information about which specific vertebrae are damaged. Be sure to ask questions, or have a patient advocate present to ask questions on your behalf. You will want to understand details of your injury to understand it, and to understand how you will live with your injury after your initial trauma heals.

    Treatment for spinal cord injuries will vary significantly depending on the nature of the injury, but you can be sure it will involve at least a few of the following:
  • Physical therapy to strengthen the area that has been injured
  • Surgery, whether to remove an object or body part that penetrated the spinal cord or to limit movement in the spinal column
  • Steroid injections, to reduce inflammation
  • Short-term use of a ventilator or feeding tube if the injury prevents easy breathing or eating
  • Lifestyle changes (quitting smoking, switching to a healthier diet, etc.)
  • Family and individual counseling.


    A severe spinal cord injury is a major change in the life of the person who receives the injury, but it is also a serious shift in the lives of an individual’s family and close friends. A free-spirited individual may suddenly find himself needing help from others to do even the most basic things. Family members may suddenly find themselves in the role of caretaker for an injured family member.

    These sudden changes are one of the reasons why many families seek counseling after one of their members experiences a severe spinal injury. In some cases, this counseling may go on indefinitely.

    Treatment for spinal cord injuries is involved and extensive. Even in the most treatable injuries, an individual is likely to need treatment for the rest of his or her life. This fact alone is partially responsible for the high medical costs involved in spinal injuries.

    The financial costs of spinal cord injuries are more than most people can afford. A partially paralyzed person can expect to incur more than $100,000 in medical expenses during the first year. A fully paralyzed person may incur more than $400,000 in expenses during that first year.

    Those are medical expenses alone. They do not include regular costs of living or lost wages due to being unable to work. Most individuals who suffer from spinal cord injuries are not able to work as much or as effectively as they did before… if they are able to work at all.

    It is important to note that these costs are the estimated expenses for the first year alone. A spinal cord injury is a lifelong injury that will require care and attention for the rest of the individual’s life. This means medical billings will be frequent, and it is not impossible that the costs will rise over time. With lowered income and increased costs, many individuals who experience spinal cord injuries are unable to afford to cover their new expenses. This means legal action is often a necessity.

     
    Financial compensation is meant to make up for such costs as hospitalization, medical care, at-home caregivers, rehabilitation, psychiatric care, home modifications, special vehicles, lost wages, expenses not covered by insurance, travel expenses for medical care, family support services, and funeral expenses.

    If you or a loved one has suffered a spinal cord injury, you will need legal help to get the funds to help you move forward with your life after the injury. We understand what you are going through in this time, and we will do all we can to make the process easier for you.

     
    If you or a loved one has suffered a spinal cord injury as a result of someone else’s negligence, you may be eligible for compensation. In addition, in the case of a severe and expensive injury like this, you are likely to need it.

    One of the first ways an injury lawyer can help you is by finding the negligent party. In a car crash where the other driver was not paying attention, it is obvious who the negligent party is. But in other cases, you may need to speak to a spinal cord injury lawyer before you can find the party responsible for your accident.

    Many personal injury cases settle out of court. Of course, it’s always up to you whether you will accept a settlement offer or not, but an experienced attorney can offer you valuable guidance and let you know whether you’re getting a good offer from the insurance company (or whoever the negligent party might be). Many individuals who suffer a spinal cord injury are unable to work the way they did before the accident. That means it is crucial to get as much as your claim is worth. The right attorney can help you do that.

    Let us help you determine if a spinal injury you or a loved one suffered in an accident may qualify for compensation under a personal injury claim. We know all too well the upheaval serious injuries cause to daily life, and to prospects for the future. If you have suffered injury or lost a loved one, we can help.