South Florida Personal Injury Attorney Blog

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A Florida truck accident has claimed the life of Lauderhill woman. The 29-year-old died Tuesday morning while standing on the side of I-95, reporting her one-car crash to 911 dispatchers. The driver was northbound on I-95 near Brunswick when she hit a guardrail and bounced back into traffic. Police are not sure yet what caused her car accident, but while on the phone with emergency dispatch, truck diver, Carlos Borges Sores of Miami, struck and killed the woman. The 911 dispatcher heard the impact through the phone. The truck driver was not charged. Police have not released the woman's identity yet, but the dispatcher told investigators the woman's car had no working lights after her initial 3am accident.

Being out of your car on a highway is one of the most dangerous things drivers can do, but it is sometime necessary. If your car breaks down or is involved in an accident, the first thing you should do, according to the Florida Highway Patrol, is make yourself as visible as possible.

Here are some roadside safety tips (see rubensteinlaw.com for other car accident information):

• Pull as far away from the roadway as possible while staying on the paved road.

• If you are dealing with a flat or blown out tire, try to pull over into a flat area so that you can safely jack up the car.

• Turn your wheel away from the roadway so that it doesn't accidentally roll into the oncoming traffic.

• Turn on your emergency hazard lights (especially at night)

• If you are traveling with children and/or pets, move them to a safe location away from the car. If this isn't possible, make sure they are properly secured inside the car.

• Exit and enter the car using the door opposite the roadway to stay as far from moving traffic as possible.

• Use cones, reflective triangles, or flares to give you as much space as possible. At the minimum you should have 3 of these. Place the first flare at least 50 feet directly behind the car. Place the second flare midway between the first flare and your car, but a few feet further toward the open lane, place the last flare toward the end of your car and a few feet into the roadway so you can divert traffic away from your car.

Even the most responsible drivers sometimes find themselves in dangerous roadside situations. If you need expert advice from a Florida car & truck accident attorney, contact our legal team at...1-800-FL-Legal (355-3425) or go to rubensteinlaw.com for a free consultation. We have offices in Miami-Dade and Broward counties.

This Presidents Day weekend has been a rough one for the family of 36-year-old, Aaron Cohen. An avid cyclist, Cohen was struck and killed in a hit-and-run accident on the Rickenbacker Causeway Wednesday. Crash investigators used debris from the crash site to piece together what happened and ultimately traced the vehicle back to Michele Traverso of Key Biscayne. On Friday, Traverso was jailed after breaking probation on a previous criminal case. He was charged with possession of cocaine last May and had been previously charged with possession of marijuana back in 2009, according to public records. More charges are pending in the death of Cohen, a father of two.

Florida bike accident lawsuits are high because Florida has one of the worst bicycle crash rates in the country, especially regarding fatalities, according to the Florida Bicycle Association. Because there is no protection for the cyclist, aside from a helmet, the rate of serious injury or death is very high. Though bicycle lanes have been implemented in most areas, statistics indicate that these lanes interfere with the normal flow of traffic and can actually put bicyclists in more danger rather than giving them a safe lane to ride in. In the case of Aaron Cohen's bike accident, witnesses say he was riding in a designated bike lane on the Rickenbacker Causeway when he was stuck. The result was a fatal traumatic brain injury that is often the case in these types of bicycle/auto accidents.

There are exclusive concerns which must be addressed when handling a bicycle accident claim, such as issues involving the design of the road as well as the measures taken to protect against personal injury. The Law Offices of Robert Rubenstein, P.A. have handled hundreds of claims relating to bike accidents in and around the Miami, Florida area and have a team of professionals equipped with the necessary tools to insure that your claim will get sound attention. Contact our Miami, Florida personal injury attorneys and our Broward County personal injury attorneys today for a free case evaluation. 1-800-FL-Legal (355-3425) or rubensteinlaw.com.

New information in an early-morning tractor-trailer accident that shut down several blocks near the intersection of Coral Way and S.W. 84ht Avenue in Miami finds some of the teens involved may have been racing, according to police. Witnesses say two cars were traveling westbound on Coral Way when the Honda Accord collided with the tractor trailer as the truck was making a left turn. Four people, all between 18 and 20 years old, were taken to Kendall Regional Hospital's trauma center and Baptist Hospital respectively. One teen had to be taken out of the car with the Jaws of Life, and is in critical condition. The driver of the truck walked away unscratched.

Police are still investigating the cause of the crash, but say there is more than 150 feet of skid marks, so at a minimum, these individuals were traveling at 108 feet per second, possibly racing.

Miami-Dade police identified the four other people with injuries after the crash as Ana Posada, 18, who is in critical condition, Jovanni Oliva, 20, Anthony Emmanuel Del Rio, 18, and Moises Arnold Alvarez, 18.

For more information on Florida truck accident law, contact the Law Firm of Robert Rubenstein. We have offices in Miami-Dade and Broward counties. 1-800-FL-Legal (355-3425) or rubensteinlaw.com.

A 62-acre Florida brush fire is being blamed in the I-75 truck and car pileup that took 10 lives and injured dozens more this weekend, but new information has the Florida Highway Patrol (FHP) under fire for its decision to re-open the highway to more traffic after the first crash.

FHP responded early Sunday morning to a 3-car crash along the smoky stretch of I-75 near Gainesville and closed the road to all traffic. The responding patrolmen decided the highway was safe enough for travel and re-opened the highway just minutes before the second crash that ultimately led to the multi-car pileup. Florida Gov. Rick Scott has ordered an investigation into that decision. At least a dozen cars, six tractor-trailers and a motor home collided pushing drivers under the crumpling trucks.

According to the Associated Press a similarly deadly crash killed four and injured 38 people back in 2008 on I-4, just 125 miles south of Sunday's crash.

For questions regarding truck and auto accidents, contact the legal team at the Law Offices of Robert Rubenstein at 1-800-FL-LEGAL (355-3425). The firm handles cases all over Florida with offices in Miami-Dade and Broward counties. Rubensteinlaw.com

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Florida Highway patrol is investigating a head-on crash that killed both drivers. It happened at mile marker marker 102 along US-1 in Key Largo Sunday evening. 79-year-old Ralph Sheffler was driving his van south while Maria Esteves, of Miami, was driving a north when, for unknown reasons, Sheffler crossed the center line of US-1 and crashed head-on into Esteves' car. She died at the scene. Sheffler was flown to Ryder Trauma Center in Miami, where he later died.

The Florida Keys are beautiful this time of year, but many stretches of the scenic drive south are single lanes. For this reason, it's crucial to stay alert and undistracted by the scenery while driving in the Keys. Out legal team at the Law Offices of Robert Rubenstein handles every kind of car, truck and motorcycle accident. For a free consultation contact out attorneys at 1-800-FL-LEGAL (355-3425). We have offices in Miami-Dade and Broward counties.

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A Miami-Dade man is recovering and lucky to be alive after his car plunged into Biscayne Bay this weekend. According to witnesses, the car drove into the water near Northeast 106th Street and Biscayne Bay. Five men jumped into the water and were able to pull the unconscious 81-year-old man through the driver's side window.
The driver is expected to recover and he's very fortunate.

Every year more than 10,000 drivers are involved in water immersion auto accidents. Of those, several hundred become trapped in their cars under water and die. There are life-saving tips all Florida drivers should know thanks to our many bodies of water here in the Sunshine State.

Once your car has entered water it usually takes between two and ten minutes for it to sink, depending on the speed of the car at the time of impact. If you remain calm and follow these steps, you have a good chance of getting to safety:

1. Stay calm. Take a deep breath then take charge of the situation.

2. Open the window(s). Tell all passengers to do the same or open theirs from your console. If your car is in a swift moving current open the window(s) on the side opposite the water flow direction. This will minimize water rushing in and it will be easier to exit. In strong currents exiting through a sun roof may be your best option.

3. Unfasten your seatbelt. If possible keep one hand on the open window ledge as a point of reference. As the car begins to sink it may roll over and this will help keep you oriented.

4. Exit through the window(s). If there are children or others less able in the car, if possible help them out and then exit immediately.

5. Swim to safety. If you are under water and not sure which direction to swim, allow a few air bubbles to escape your mouth and follow them toward the surface.

The Law Offices of Robert Rubenstein has more than 25 years experience handling all kinds of car and truck accidents. For expert help or answers to your accident questions, contact our legal team at rubensteinlaw.com or 1-800-FL-Legal (800) 355-3425.

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Broward County has taken a step toward safety for nighttime drivers at one local intersection. The county has made traffic light changes to the intersection where a teenager was killed in car crash three months ago by no longer allowing them to blink at night.

The traffic lights were blinking the night Alejandro Romeo, a student at Coral Glades High School, was killed at the intersection of Riverside Drive and Coral Ridge Drive. Romeo died at the scene. He was a passenger in a Honda Civic driven by his mother, Maria Uribe. The lights at the intersection were blinking red on Riverside and blinking yellow on Coral Ridge at the time, according to police. That's when the accident happened. A driver in a truck broadsided the Civic on the passenger side, where Romeo was sitting. After hitting the Civic, the truck careened into Riverside Elementary School. County officials are hoping this change to the traffic light will reduce confusion and, ultimately, car accidents.

For more information on Florida car or truck accidents, contact the Law offices of Robert Rubenstein at 1-800-FL-Legal ( 1-800-355-3425). The consultation is free.

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South Florida is paradise this time of year, but very shortly thousands of drivers will hit the road and head north for the holidays. It's great to see friends and family for Christmas, but getting there can be far more dangerous than it seems. I hope you'll steer clear of these top driving dangers and avoid a car accident during the busy holiday season:

Drunk Drivers

Over the winter holidays, you're three times more likely to die in alcohol-related vehicle crashes than during comparable time periods the rest of the year, according to the National Institute on Alcohol Abuse and Alcoholism. About 40% of traffic fatalities during winter holidays involve an impaired driver, compared with 28% for other deaths in December. You may know this already, but did you know drinking alcohol can affect the brain for hours even influencing a person's driving the next morning?
Caffeine does not help rid the body of drunkenness.
If you choose to drink, don't have more than one drink per hour.
Try to alternate with non-alcoholic drinks.
Choose a designated driver.

Dangerous Roads

Here in Sunshine State, the worst road condition we have to deal with is rain. In many parts of the country, snow and ice covered roads are the norm during the holidays. Ice can cause your car to spin out and collide with other cars.
Check the weather forecast frequently before heading into bad weather.
Avoid unpaved roads when possible.
Avoid night driving because ice is hard to see in the dark.
Plan alternate routes in case a road is blocked.
Have your car inspected prior to your trip.
Keep your insurance card and registration handy in the event of an accident.

Tired and Distracted Drivers

Tired drivers can be more dangerous than drunk drivers behind the wheel.
Take frequent breaks when driving and switch drivers if you start to feel fatigued.
Avoid driving during night hours when tired drivers are most likely to be on the road.
When driving, use and hands free device if you must make and receive calls.
If you must send and read text messages, pull to the side of the road to avoid
distracted driving.

For more information on Florida car accidents, contact the legal team at the Law Offices of Robert Rubenstein at rubensteinlaw.com or 800-FL-Legal. We have attorneys in Miami-Dade, and Broward and we handle cases all throughout Florida.

Have a healthy, happy and safe Holiday Season!

Florida drivers currently have no legal requirement to leave their cell phones off while driving, but that may soon change. This week the National Transportation Safety Board (NTSB) recommended all states ban cell phone use behind the wheel, becoming the first federal agency to call for an outright prohibition on telephone conversations while driving. The push is the result of more than 3,000 car accident deaths last year alone due to cell phone distractions. Case in point...

Naples, Florida 2008 - A cyclist was struck and killed by a driver who was sending a text when at the time of the crash.

Tampa, Florida 2009 - A teen driver, texting with her friends, slammed into the back of a police cruiser, sending everyone to the hospital.

Kentucky 2010 - A semi-truck with a 53-foot-long trailer collided with a 15-passenger van, killing 11 people. The truck's driver was on his cell phone at the time.

These are just a few examples of what lawmakers are now trying to prevent. In an historic move, the city of Parkland, Florida (Broward County) banned text messaging while driving. If caught, drivers there face a $100 fine. Now, the Federal government is seeing the merit of such legislation and Florida lawmakers may follow suit.

The NTSB does not have legislative power, but as the nation's leading federal safety advocate it has influence. The agency has indicated it will provide political cover if Congress or the White House administration wants to take on the powerful cell phone industry lobby. Ultimately, the lawmaking would be up to the States but Congress could opt to use control of federal money to influence the states, as it has on such issues as seat belts and legal drinking age.

At least six distracted driving bills have been filed for Florida's 2012 legislative session. The Legislature returns Jan. 12. Florida Governor Scott, a conservative Republican, does not appear supportive of a handheld cell phone ban. In 2011, he vetoed a bill (HB 689) that would have required the DMV to provide education on the dangers of electronic distracted driving.

The Law Offices of Robert Rubenstein has more than 25 years experience with Florida auto, truck and motorcycle accidents. If you've been injured in an accident or you simply want more information on your legal accident rights, call our legal team at 1-800-FL-Legal (800-355-3425) at Rubenstein Law.

Floridians survived another year of frantic Black Friday shopping but at what cost? Over the Thanksgiving holiday a 36-year-old Florida Target store employee drove her car into a 20-foot deep canal after working the night shift on Black Friday. Police say the woman lost control of her vehicle due to exhaustion. She was unable to swim, but managed to call police from her cell phone and explain the situation as she and the car began to sink. Despite a rescue attempt by a Palm Beach County sheriff's deputy, the woman died.

Unfortunately, this type of accident is becoming increasingly common in the United States. According to a AAA study, one-fifth of all traffic accidents in industrialized nations can be attributed to sleepiness behind the wheel. What's more shocking is the study found it only takes two hours of continuous nighttime driving to produce impairment comparable to a blood alcohol concentration of 0.05%; after three hours of driving impairment corresponds to a 0.08%. That's the same amount of impairment that would get a driver arrested for drunk driving.

As the winter holidays approach, many of us will take to the roads to visit loved ones. I hope you'll all stay safe this season and remember to only get behind the wheel wide awake, sober, and ready to focus on the road. Sleep experts recommend drivers only drive during the day, but if nighttime driving is necessary it's best to limit your driving to two hours at a time. If you do need help after an accident, contact my car accident legal team at Rubenstein Law or call 1-800-FL-Legal (800-355-3425).

South Florida weather is perfect for motorcyclists this time of year and it's a popular pastime in the Sunshine State. But it's also a deadly one.

Just days ago, a Broward motorcyclist died when he crashed his bike into the guardrail of a Florida Turnpike ramp. Even his helmet didn't save his life. Fortunately, he didn't have a passenger on his bike at the time. The number of motorcycle passenger deaths due to accidents went up 27% last year, according a recent Florida's Highway Safety & Motor Vehicle report. There were close to 7,500 motorcycle accidents last year and nearly 400 deaths. Of those, 33 were passengers on the bikes.

Even the safest and well-trained riders are not immune to accident injuries. This year's popular Biketoberfest 2011 in Daytona Beach ended with six fatalities due to motorcycle accidents.

Why so many motorcycle crashes? Some blame the repeal of the helmet law in Florida. In 2000, Florida stopped requiring motorcyclists to wear helmets. The number of fatalities due to motorcycle accidents jumped to 81% in the first three years after the repeal took effect. (National Highway Traffic Safety Administration) Deaths among Florida riders 21 years old and younger nearly tripled after 2000. (Riders younger than 21 must still wear a helmet.)

The legal team at the Law Offices of Robert Rubenstein has extensive experience with motorcycle and auto accidents. The firm can also answer questions about which type of motorcycle insurance coverage you should carry. In Miami (305) 661-6000 and in Broward (954) 661-6000.

If this isn't reason to have the proper auto insurance, I don't know what is. A recent report by Carle Insurance Comparison ranks Florida drivers the worst behind only Louisiana, Missouri and Texas. The data were compiled from three sources: The National Transportation Safety Administration (driving fatalities), The American Motorists Association (which hands out the most tickets), and MADD (drunk drivers). The results...the farther south you go, the worse the drivers.

The ranking itself may shed some light on why Florida ranks so poorly. Florida is the state with the most traffic tickets. Faster speeds lead to more crashes. So, just how does the nation stack up? Here's what the study found:

The Top 10 Worst Drivers (by state)

#10) South Carolina

South Carolinians were ranked as careful drivers, but got a low ranking for "failing to obey road signs."

#9) Alabama
#8) Montana

Montana drivers don't get very many traffic tickets, but scored terribly for fatalities and drunk driving.

#7) Kentucky
#6) Arizona
#5) Oklahoma
#4) Florida

Some good news, Florida scored well on the drunk driving ranking (being much lower than other states), but it dominates the country in traffic tickets and speeding.

#3) Texas
#2) Missouri
#1) Louisiana

So, how do you know if you're properly insured? The Law Offices of Robert Rubenstein handles every kind of car and truck accident and our legal team can answer your accident or auto insurance questions for free. Miami - (305) 661-6000. Broward (954) 661-600. 1-800-FL-Legal (800) 355-3425.

Florida may be a "No-Fault" state, but that doesn't mean you don't need accident insurance. In fact, the law requires certain types of coverage. Knowing which type you have to have and which type you really need is a bit confusing. In my many years of experience with Florida car accidents, the one thing I know for sure is accident costs can be simply too huge to run the risk of being without adequate coverage.
There are two basic categories of car insurance policies: Third-party liability and first-party insurance. In simple terms, the "first-party" is YOU, the owner of the policy who has contracted with a "second-party" (the insurance company) for coverage. That leaves the "third-party" which refers to the other people in the accident. Therefore, first-party insurance covers YOU and your passengers, and third-party liability insurance covers the other people that you are responsible for injuring or damaging.
It can be overwhelming, but insurance is definitely not the place to save money by cutting corners. A single car accident could easily wipe out your savings, even if the accident wasn't your fault. Here is a breakdown of the different insurance options in Florida.

Property Damage (PD) pays other people for damages done to their property. If someone files suit against you as the result of a car accident, this policy will financially protect you up to the limit of the policy. PD is mandatory in Florida. Following the same notation as above, property damage is the third number listed on the policy. For example, if the policy is 100/300/25, it would offer $25,000 worth of coverage to repair or replace others' property (including cars).

Personal Injury Protection (PIP) is also mandatory in Florida. It covers 80 percent of your medical expenses and 60 percent of your lost wages, if you are in a car accident. It does NOT matter whose fault the accident was; PIP pays regardless of fault. It also usually covers you, your spouse, and the relatives living in your household. A typical policy provides for $10,000 in coverage.

Bodily Injury (BI) liability pays other people for injuries the policy owner has caused, including medical expenses, lost wages, and pain and suffering. This coverage is not required in Florida, but I strongly recommend it to protect your personal assets. The common notation for bodily injury policies looks like 50/100 or 100/300, where the first number is the dollar amount (in thousands) of total coverage that can be paid to each person who is injured or killed, and the second number is the limit (in thousands) that the company will pay for an entire accident, no matter how many people are injured or killed. I recommend at least 100/300 insurance ($100,000 coverage for one person's injuries, $300,000 per accident).

Uninsured/Underinsured Motorist (UM) pays for your pain and suffering if you are hurt by the fault of another driver, and he/she either has no insurance or has too little insurance to cover the extent of your injuries. UM is not mandatory in Florida, but I cannot stress enough how important this type of coverage is. As I mentioned, Bodily Injury coverage is NOT mandatory in Florida. UM is the best back-up plan if you're hit by someone with no coverage or inadequate coverage. When a family member was t-boned by a "phantom driver" who was never caught, UM coverage paid for her extensive suffering and costs due to post-accident surgery and therapy. Now, everyone in my family carries this insurance coverage. UM, like PIP, also applies, in some cases, to household relatives or to other passengers in your car.

Medical Payments (Medpay) often covers the 20% of medical bills that PIP does not. I do not, typically, recommend this coverage because the insurance companies want to get paid back from any monetary recovery you get for bodily injury through Medpay. If you have health insurance, Medpay may not be necessary.

Collision pays for damage to your own property, regardless of fault. It is not required in Florida and often comes with a $500 deductible.

Experiencing a car accident is stressful enough without having to worry about who will pay all of the costs surrounding your recovery. Having the right policies to suit your needs will make getting better and moving forward that much easier. If you have anymore questions about insurance coverage or how to navigate the insurance world after an accident, my legal team is ready to help!

South Florida drivers will be hitting the highway in the coming weeks. July and August are some of the busiest months for vacation road trips. Whether you're trying to escape the South Florida heat (good luck) or you're off to explore, safety is paramount. Even the safest drivers sometimes encounter emergency driving situations. Knowing what to do and how to handle your car can mean the difference between a close call and a serious accident. Here are a few common emergencies and how to respond:

Tire Failure

1. Brake gently.
2. Concentrate on steering straight ahead.
3. When the car is completely under control, pull off the roadway.

Driving on a flat tire causes damage to the side walls, tread and rim. In general, you have about one mile of driving on a flat tire before you cause serious damage to the wheel.

Jammed Accelerator

1. Keep your eyes on the road.
2. Slap the accelerator pedal hard with your foot.
3. Shift into neutral. While this may cause damage to your engine (over revving), it is certainly better than a high speed crash.
4. Brake to stop.

Brake Failure

1. Pump the brake pedal rapidly and hard several times. This will often build up enough brake pressure to stop the car.
2. Shift into low gear and look for a place to slow to a stop.
3. Try the parking brake. If it is working, hold the brake release handle so you can let off on the brake if the rear wheels lock and you begin to skid.

Engine Fire

1. Pull off the roadway and stop the car as soon as safely possible.
2. Turn off the engine.
3. Get out of and away from the car.

Hydroplaning

Driving too fast on wet roadways where the water is deeper than the tread on your tires causes "hydroplaning." Your car actually loses contact with the pavement and rides on layers of water, much like a water ski. Roads are most slick at the beginning of a rainfall when road dust and oil mix with water. If you encounter a heavy rain while driving:

1. Reduce speed and allow more space between you and the car in front of you.
2. Turn on low beams to help others see you.
3. If you start to hydroplane, take your foot off the accelerator and wait until your tires regain traction with the pavement. Do not brake until you regain control or you may go into a skid.

I have many fond memories of road trips with my own family during the summertime. There is so much to see around Florida and the rest of the country. I hope you never have to use any of this emergency driving advice. Stay safe!

The Florida Auto Insurance industry is an interesting business. It's the only one that is supposed to be your safety net after an accident, yet its primary goal is to make money and pay out as little as possible. Sound like a conflict of interest? It is.

After an accident, victims are often hurt, worried, angry and even confused. The last thing they need at that moment is to be taken advantage of by an insurance company. What's more, those first few days after an accident are critical for protecting your rights. They are a time to focus on recovering from injuries, NOT a time to speak to an insurance adjuster, even one from your own insurance company. In my more than 25 years of experience in personal injury law, I have seen every tactic the insurance companies use to protect their own interests. Here are a few things they don't want you to know:

1. The insurance company is not really on your side. They will contact you immediately and appear sympathetic to your injuries, and they will likely offer to give you a check right away, before you've had time to seek treatment for your injuries. Don't sign a thing! Remember, the claims adjusters and insurance company lawyers (even the ones working for your own policy, as in the case with uninsured/underinsured motorist coverage) get paid to give you as little compensation as possible.

2. You really DO need a lawyer when you're hurt. Even studies done by the insurance industry have proven that accident victims who hire a lawyer get much higher settlements than those without legal representation. The insurance adjusters don't want you to know this. That's why they are often quick to cut you a check after your accident.

3. Your injuries may not be apparent for a few days after the accident. More times than I can count, I've seen people get into an accident and feel fine right away. But any doctor will tell you, injuries can show up days, even weeks after an accident.

4. The insurance company will use whatever tactics it can to delay your claim once they know you've retained legal representation. In some cases, they may change adjusters handling your case, which only slows the process and frustrates the accident victims.

Don't take chances with your own health and well being. A car, truck, or motorcycle injury can take months or even years to recover from. It's important that you focus on getting well, while your experienced attorney fights for your rights. The Insurance adjusters can't possibly be on your side when they have high-powered lawyers protecting their interests and representing them. Only your attorney is really on your side.