Motorcycle helmet on the road after crash

5 Main Causes of Motorcycle Crashes

Motorcycle helmet on the road after crash   Motorcycle accidents account for a significant number of car crashes that occur daily across America. Because motorcycles protect the riderless than a car protects its driver, the chances of being seriously injured or even killed if you are involved in a motorcycle accident are drastically increased. However, knowing what factors increase the risk of being involved in an accident can help you operate a motorcycle properly and reduce the chance of getting hurt. Here are the five most common causes of motorcycle crashes.

Lane Splitting

Lane splitting is the practice of straddling two lanes of slow or stopped traffic to get thr...

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What To Do In Case Of An Automobile Accident

If a person is injured in an automobile accident in Florida and suffers permanent personal injuries due to someone else’s negligence, the injured person is entitled to monetary compensation for pain and suffering, mental anguish and inconvenience, along with payment for out of pocket medical bills and lost wages. In order to help ensure that your right to collect against a negligent person is protected, there are several important steps that a person should take after an automobile accident occurs. First and most importantly, it is essential that police authorities are contacted and called to the scene. After an automobile collision, you may be approached by the at-fault party who asks you not to call the police and that he or she will “take care of everything.” Never trust this appro...

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7 Tips for Hiring a Personal Injury Lawyer in Florida

7-tips-for-hiring-a-personal-injury-lawyer-in-florida                 Personal injury law has a vast number of statutes and rules that apply to this specific practice area. Attorneys who handle personal injury, as well as other legal issues such as bankruptcy, divorce, and real estate, may not have the expertise or deep understanding of the laws and the technicalities. A personal injury lawyer focuses their time and effort on representing clients injured as a result of carelessness or negligence of ...

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The Dangers of Drowsy Driving on Florida Roads

Drowsy driving is a major cause of Florida car accidents. Indeed, according to the National Highway Traffic Safety Administration (NHTSA), drowsy driving killed 795 people in 2017 alone. However, because this data relies only on police and hospital reports, traffic safety experts, sleep scientists, and public health organizations all agree that the actual number of deaths caused by drowsy driving is much higher. The NHTSA has identified several characteristics that are common among drowsy driving accidents. For example, these accidents typically involve vehicles occupied only by the driver and occur in the late-night/early morning hours or the midafternoon. They also usually involve one vehicle drifting off the road at a high speed, without the driver making any a...

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Nursing Home Neglect Claims in Florida

One might expect that Florida nursing homes recruit some of the best nursing staff available because they care for one of society’s most vulnerable populations. However, given the track record of most Florida nursing homes, that does not seem to be the case. Indeed, it seems as though every few days there is a new report of abuse or neglect at a Florida nursing home. According to recent estimates by the World Health Organization, nearly two out of three nursing home staff members have reported that they engaged in some type of abuse over the past year. The number of instances involving nursing home neglect is more difficult to determine because residents report such a small percentage of the cases. However, it is estimated that approximately 12% of nursing home resid...

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Can Florida Landowners Be Held Liable for Injuries to Trespassing Children?

Most Florida premises liability cases arise after a guest or customer is injured while on the defendant’s property. These cases generally proceed under the theory that the landowner either failed to warn their guest of a known hazard or did not take sufficient efforts to remedy a dangerous hazard that was on their property. There are, however, other premises liability theories through which a landowner can be held liable for injuries occurring on their property. For example, under the attractive nuisance doctrine, a landowner can be held responsible for a child’s injuries that occur as a result of a dangerous object, feature, or condition of the defendant’s land that attracted the child onto the property. Notably, under the Florida attractive n...

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Florida Court Holds Landowner Can Be Liable for Injuries, Even Though the Hazard Was “Open and Obvious”

As a general rule, Florida landowners owe a duty of care to those whom they invite onto their property. This duty, however, is not without its limits. For example, a landowner will not typically be found liable for injuries that are caused by a hazard that is “open and obvious.” The rationale is that when a hazard is open and obvious, the visitor has equal of the danger as the landowner, and should be able to avoid the hazard. In a recent Florida slip-and-fall case, however, the court discussed a situation where a landowner may still be liable for a plaintiff’s injuries that were caused by an open and obvious hazard. The Facts of the Case According to the court’s opinion, the plaintiff tripped and fell on an uneven section of sid...

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Florida Workplace Injury Claims against an Employer

Recovering after a Florida workplace accident can be tricky for several reasons. For one, as a general rule, an injured employee cannot file a Florida personal injury lawsuit against their employer – even if the employer was negligent – because a workers’ compensation claim is an injured employee’s sole remedy in most cases. And while a workers’ compensation claim allows for an injured worker to receive some benefits without establishing that their employer was negligent or at fault for the accident, the amount and duration of Florida workers’ compensation benefits can be limited. There are several exceptions to the sole-remedy provision. The two main categories of cases in which the sole-remedy provision does not apply are those cases involving a non-employer third-party’s negligence and cases involving injuries to workers in specific industries in which lawmakers have specificall...

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Can You Still Make a Claim After Signing a Liability Release Waiver?

Recently, a state appellate court issued an opinion in a Florida personal injury case involving an accident that occurred on the Daytona International Speedway. The case required the court to determine whether the plaintiff was prevented from pursuing a claim against the Speedway based on a release of liability waiver she had signed before the accident. Ultimately, the court concluded that although the waiver was valid and enforceable, it did not cover the specific claim made by the plaintiff. The Facts of the Case The court’s recitation of the facts was brief; however, it appeared from the court’s discussion of the facts that the plaintiff was a pit-crew member for one of the racers. Before the plaintiff was allowed onto the racetr...

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The Importance of Naming All Potentially Liable Parties in a Florida Car Accident Case

Earlier this month, a state appellate court issued a written opinion in a Florida car accident case requiring the court to determine whether a residential community could be held liable for an accident victim’s injuries. The court’s opinion largely focused on the question of whether the defendant’s negligence was the proximate cause of the plaintiffs’ injuries. However, the case also serves as a valuable lesson for Florida injury victims. Proximate Cause in Florida Injury Cases To establish a claim of liability against a defendant, a plaintiff must be able to show that the defendant’s actions were the proximate cause of their injury. To be sure, proximate cause is a complex legal concept, but boiled down to its ess...

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