A 36-year-old woman was recently killed when she lost control over her car and veered into the path of a Miami-Dade transit bus. According to reports, the woman was attempting to pass the car in front of her on Card Sound Road, a two-lane highway connecting Miami with the Florida Keys. She lost control and was unable to get out of the way of an oncoming transit bus.

The cause of the car crash is still under investigation. However, it is clear that the woman wasn’t wearing her seatbelt at the time of the collision. This could hurt her family’s ability to recover compensation if someone else contributed to the accident in some way.

Families of Accident Victims Can Pursue Compensation

In Florida, state law provides family members of deceased accident victims with the right to file a wrongful death lawsuit. A wrongful death lawsuit allows the family to receive compensation if a third party is responsible for the fatal accident.

In filing a wrongful death claim, the family must be able to prove that their loved one’s death was caused by the defendant’s “wrongful act, negligence, default, or breach of contract.”

Who Can File a Wrongful Death Claim in Florida?

Not everyone has the right to file a wrongful death lawsuit. Instead, Florida law reserves the right for spouses, children, and parents of the deceased accident victim. If the victim didn’t have a living spouse, child, or parent, the right is extended to blood relatives or adoptive siblings who are “partly or wholly dependent on the decedent for support or services.”

What Can Families Recover From a Wrongful Death Claim?

Families can recover financial compensation for the loss of a loved one. With a successful wrongful death claim, a family can be compensated for:

• The value of lost support or services
• Loss of companionship and protection
• Mental pain and suffering
• Instruction and guidance, and
• Medical and funeral expenses.

The accident victim’s estate may also be entitled to compensation for additional damages, including lost wages and medical bills.

Fault of Victim Can Limit Success of Wrongful Death Claims

Florida is a comparative fault state. More than one person can be liable for an injury-causing accident. This includes victims who are injured or killed in the accident. Everyone who contributes to an accident shares some of the financial responsibility for damages. The more fault you share, the more of the financial responsibility you’ll shoulder.

Two things happen when a victim contributes to his or her own accident. First, they will be at least partly financially responsible for injuries and damages suffered by others in the accident. Second, their ability to recover compensation for their own injuries will be reduced.

The same is true if someone who is killed in an accident contributed to the crash or the extent of their injuries in some way.

Here, the accident victim was not wearing her seatbelt at the time of the crash. Even if she didn’t contribute to the accident in any other way, this factor alone could significantly reduce her family’s ability to recover compensation for her death. Why? Because not wearing a seat belt likely contributed to the extent of her injuries. Had she been wearing a seat belt, her injuries may not have been so severe. She may have even survived the crash. Her own negligence will significantly, or completely, limit the success of her family’s wrongful death lawsuit.

Lavent Law
17295 NE 19th Ave
North Miami Beach, FL 33162
https://www.laventlaw.com

A family is grieving after a fatal car accident on southbound i-95 in Miami. A two-year-old girl was killed and her five-year-old sister suffered catastrophic injuries. Neither of the girls was in a car seat at the time of the crash. In fact, there were no car seats in the car, at all.

Car Seats Reduce Risk of Injury, Death In an Accident

More than 120,000 children are injured in car accidents every year. Car seats play a critical role in limiting the number of kids who are included in this statistic. Studies show that using a car seat – and using it properly – can reduce the risk of injury or death in a crash by as much as 70 percent.

Specifically, infants under 12 months of age are 70 percent less likely to die in a crash when secured into a car seat properly. Car seats are slightly less effective in protecting toddlers, reducing the risk of death by 54 percent.

Since car seats were first introduced, the number of infants and toddlers killed in car accidents every year has dropped significantly. Cars are built to transport adults, not children. Kids need extra protection when traveling in large vehicles.

However, car seats can only offer protection when they’re utilized. As Miami personal injury lawyers, we often see cases where a car seat was not used or improperly used, resulting in catastrophic consequences.

Florida Law Mandates Car Seats For

Every state in the country has mandatory car seat laws. In Florida, any child five years of age or younger must be buckled into a car seat when a car is in motion. Not any car seat will do. The seat, or child restraint device, must be crash tested and federally approved.

Florida has different laws that apply to children of different ages.

• Newborns to 3 years of age: Must be in a full car seat that is not part of the vehicle.
• Four and five-year-olds: Must be in a booster seat, which can be separate from the car or part of the design.

The National Highway Safety Administration (NHTSA) and the American Academy of Pediatrics (AAP) offer car seat recommendations to maximize the safety of young children. These organizations suggest that young children remain rear-facing until they outgrow the height and weight limitations of their car seats.

Some states have embraced these recommendations and integrated into their car seat safety laws. Florida is not one of these states. Instead, state law simply requires that vehicles are equipped with proper car seats and that children of a certain age use them. Florida car seat laws also don’t apply if a child is being transported in exchange for money by someone who isn’t related or in a medical emergency situation.

Consequences For Ignoring Florida Car Seat Laws

Drivers have a responsibility to make sure that they’re young passengers are securely fastened into appropriate child restraint devices. Since car seat laws are primary offenses, police can stop a vehicle even if the driver commits no other traffic violations.

Violating Florida child restraint requirements can result in three points on your license. Alternatively, drivers can opt, with the Court’s permission, to complete a child restraint safety program.

A driver who fails to comply with Florida State law can also be considered negligent per se in the event of an accident. Negligence per se can be used as the grounds for liability in a Miami personal injury lawsuit.

Here, the driver responsible for the two young girls didn’t have them strapped into car seats. She also didn’t have car seats in the vehicle, at all. The girl’s family can point to this violation of Florida law and demand compensation for the harm they’ve endured because of the accident.

Lavent Law
17295 NE 19th Ave
North Miami Beach, FL 33162
https://www.laventlaw.com

Miami has some of the best beaches in the nation. When the sun finally goes down and you’re ready to call it a day, you may wonder if it’s okay to drive home barefoot. You’ve heard that it’s illegal to drive if you’re not wearing shoes, but you’re confident that wearing flip flops is dangerous. What should you do? Does Florida state law really forbid drivers from driving while barefoot?

Florida Barefoot Driving Laws

Contrary to popular belief, it’s not illegal to drive barefoot in the state of Florida. In fact, it’s legal to drive barefoot in every state across the country. You were probably told that it’s illegal to drive without shoes because (a) some believe that driving barefoot can be dangerous and (b) someone wanted to keep you safe.

While there are no laws explicitly prohibiting barefoot driving, many states encourage drivers to wear safe shoes when operating a motor vehicle. The Virginia DMV tells drivers that “proper shoes play a big part in safety.” While driving without shoes isn’t against the law, the state has concerns that “vehicle controls can be compromised.”

Ultimately, the decision about whether or not to wear shoes while driving is up to each individual.

Many Believe Driving Barefoot is Dangerous

Barefoot driving is legal, but many still believe that the practice is unnecessarily dangerous. Why? Some argue:

• Driving barefoot decreases the pressure drivers can apply to the brakes.
• Feet are vulnerable to elements and environmental factors.
• Feet can get injured and distract drivers.
• Bare feet are prone to slipping off of the gas or brake pedals.

Despite these reasons, Florida has not opted to outlaw the practice of driving without shoes. One reason for this may be due to the fact that driving barefoot may actually be safer than driving while wearing certain types of shoes.

Flip Flops, High Heels May Increase Crash Risk

A fair number of drivers believe that wearing certain types of shoes – including high heels, flip flops, and platforms – makes driving more dangerous. One British study suggests that these drivers may be correct. The study revealed that unsafe shoe choices contribute to an estimated 1.4 million accidents every year.

Flip flops and high heels, in particular, are considered to be risky choices because these shoes can:

• Reduce the force drivers can apply to the brakes
• Increase the time it takes a driver to hit the brakes
• Slip and get stuck underneath or between pedals, and
• Limit a driver’s ability to switch from the gas pedal to the brakes, and vice versa.

In light of these factors, many drivers opt to wear no shoes at all.

You May Be Negligent For Driving Barefoot

It’s not illegal to drive barefoot. However, your decision to skip the shoes could still land you in some serious legal trouble. You have a duty to drive safely and make choices that reduce the likelihood of getting into a car accident.

It’s possible that your choice to drive barefoot could contribute to an accident in some way. If this happens, you could be considered negligent. As a result, you could be totally or partly liable for resulting damages or injuries. You’ll need to consult with an experienced Miami personal injury lawyer if you find yourself in this situation.

Lavent Law
17295 NE 19th Ave
North Miami Beach, FL 33162
https://www.laventlaw.com

In March 2017, Hugo Milochevitch, a Miami-area DJ, crashed his car in downtown Miami. According to reports, he ran flashing red lights at an intersection and collided with a truck that had the right of way.  The truck flipped and landed on top of the DJ’s BMW, trapping all of the passengers inside. Four people were injured and one of his passengers was killed in the accident.

Shortly after the crash, Milochevitch’s blood alcohol concentration registered at .067 percent, which is slightly below the legal limit. Drug tests also confirmed that he had cocaine in his system. He as taken into custody on suspicion of DUI.

Two years later, Miami prosecutors have been unable to prove that the DJ was, in fact, unlawfully under the influence at the time of the accident. As a result, he will not face criminal charges for his role in the fatal Miami car accident.

Just because Milochevitch won’t face criminal charges doesn’t mean that he’s off the hook altogether. The victims in the accident still have the right to file civil personal injury and wrongful death lawsuits to recover compensation.

Criminal and Civil Cases Are Independent

It’s not uncommon for criminal and civil cases to proceed simultaneously after a fatal car accident. Drivers can be charged with a crime for their involvement in the crash and also be named as a defendant in personal injury lawsuits. These criminal and civil proceedings are entirely distinct and independent. The outcome of one case will not necessarily have an impact on the other. There are a few reasons for this.

Burden of Proof

The burden of proof in criminal and civil cases is different. In criminal matters, the state must prove that a defendant is guilty “beyond a reasonable doubt.” In other words, a criminal defendant can only be convicted if there’s no uncertainty about his or her guilt. This is an incredibly high standard.

In Florida personal injury matters, plaintiffs must prove that a defendant is liable by a “preponderance of the evidence.” Simply put, plaintiffs have to convince a jury that their arguments are more likely true than not. This is a much lower standard than is used in criminal cases.

Since the burden of proof in civil cases is much lower, it can be easier for plaintiffs to win their case. The state, on the other hand, has to make sure that no reasonable person could question the defendant’ guilt.

Issues Litigated in Criminal and Civil Cases

The issues litigated in criminal and civil cases are different. Criminal cases focus on whether or not a defendant broke the law. Civil cases focus on whether or not a defendant committed a tort. Or, put another way, civil cases focus on whether or not (a) a defendant was negligent and (b) this negligence caused harm.

Since the issues in criminal and civil cases are different, it makes sense that the result of one would not necessarily affect the other.

Criminal Convictions Can Be Used in Civil Cases

The outcome of a criminal case doesn’t automatically affect the outcome of a civil case. However, there are times when the outcome can be relevant. Let’s say that Milochevitch was arrested, tried, and convicted for DUI manslaughter. The victims injured in the accident could use this conviction to help their personal injury cases.

In most personal injury matters, plaintiffs have the burden of proving that a defendant was negligent. This involves establishing a duty, a breach of that duty, and proving an injury. When a defendant has been convicted of a crime that is intended to prevent the type of harm that occurred, that conviction can be used to establish a presumption of negligence.

In other words, plaintiffs can point to the conviction as proof that the defendant was negligent. This is known as negligence per se. The burden then shifts to the defendant, who has to prove otherwise.

An unexpected collision can do a lot of damage to your car. When a car accident isn’t your fault, you can recover damages to compensate for the cost of replacing or repairing your vehicle. Insurance companies don’t want to pay you a cent more than your car is worth. If they determine that your car is totaled, you may not be able to recover all of the compensation you really deserve.

What Does it Mean When a Car is Totaled?

Generally speaking, a car is totaled when the cost of replacing it is more than the car is worth. Insurance companies will say that your car is a total loss when it is economically unreasonable to pay to have your car fixed.

When does an insurance company decide that it’s not economically feasible to fix your car? The answer to that question varies by state.

In Florida, a car is totaled when the cost of repairs is greater than 80 percent of the car’s actual cash value. There are a couple of ways to define actual cash value. The first involves determining the cost of replacing your vehicle, reduced by depreciation. The second involves the vehicle’s fair market value.

Many factors are considered when determining your vehicle’s fair market value. These include:

• Age
• Mileage
• Cosmetic condition
• Prior accidents and damage
• Make and model, and
• Maintenance.

In other words, a total loss can be declared if the cost of repairing your car exceeds 80 percent of how much it is worth today.

Let’s say that your car has a fair market value of $10,000.. After an accident, it’s estimated that repairs will cost $8,500. An insurance company will declare your vehicle to be a total loss. Why? The cost of repairing the car is 85 percent of its FMV.

My Car Was Leased or Financed. What Happens Now?

Things can get complicated if your totaled vehicle was leased or financed. In these situations, you don’t technically own the car. Instead, a bank or finance company retains the title while you make payments. When a leased or financed car is totaled, compensation is typically forwarded to the company that owns the car. It’s possible to get some money from an insurance payout, but it really depends on how much you still owe on the vehicle.

Today, most leased vehicles will have GAP insurance coverage built into the monthly lease fee. GAP insurance protects you if you owe more on the car than it is currently worth. Without GAP insurance, the company that owns your car may go after you for the difference between what insurance pays and how much you owe on the vehicle.  If you finance a vehicle, it’s a good idea to look into GAP coverage for yourself.

What Are My Options If My Car is Totaled?

You never want to hear that your car has been totaled in a Miami accident. Once the insurance company has made the call, there’s very little you can do to contest their decision. It’s not just a financial decision, it’s one that concerns public safety, as well.

You have a few options if your car has been declared a total loss.

Accept Compensation For the Car’s Actual Cash Value

When your car is totaled, insurers will offer to settle your claim for the vehicle’s actual cash value. In this situation, you’d receive a check for what your car was worth right before to the accident. If you accept the offer, the insurance company will trade you the check for the (salvage) title to your car.

Negotiate a Settlement and Keep Your Car

Do you know someone who fixes cars? Do you have a sentimental attachment to the vehicle? If so, you may not be willing to simply trade it for a check. Fortunately, you don’t have to. You can negotiate with the insurance company.

In this situation, you’d agree to accept a check for less than the vehicle’s actual cash value. However, you’d be able to retain title to and possession of the car. Keep in mind that a totaled vehicle will have a salvage title. This can (a) limit what you can do with the car and (b) send your insurance rates through the roof.

Need Help?

If you’ve been in an accident and need to find out more about compensation including the value of your car, speak with our Miami personal injury lawyers today for more information. We know how to deal with the insurance company and maximize the money you receive.