Personal Injury Blog

I-4 SINKHOLES MEAN MORE DEFENSIVE DRIVING

Study Examines Causes of Car Accidents

A study by the National Highway Traffic Safety Administration found that speeding is not the number one cause of car accidents. 

It has been nearly 30 years since the last on-scene crash causation study was conducted, which is why the U.S. Congress authorized the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation to perform the National Motor Vehicle Crash Causation Survey (NMVCCS).  During the study, researchers were able to go to the scene of the crash, right after the accident happened.  They were therefore able to talk to drivers, passengers and witnesses, as well as review the events that led up to the crash.

The goal of the study was to understand the events that led up to car accidents.  Crashes from 2005 to 2007 were examined to determine factors that contribute to car crashes in the United States.  Researchers looked at the events and reasons associated with the accidents.  For example, researchers assigned critical reasons relating to the driver, which contributed to accidents.  The top critical reason associated with drivers in auto accidents had do to with recognition errors, meaning the driver wasn’t paying attention to the road, was distracted or was not adequately surveying the road. 

The second major reason for accidents that involved driver behavior was decision errors.  Decision errors included such behaviors as driving aggressively and speeding.  Drivers were also found to make performance errors, including overcompensation and improper directional control, which contributed to the accidents.

According to the study, most of the accidents examined occurred at intersections, when a vehicle was crossing or turning.  Another 22 percent of the accidents happened when the vehicles ran off the road.

The information collected in the survey is intended to help prevent crashes from occurring in the first place.  If you have been injured in a car accident, contact the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111.

The article, What Causes Car Crashes, has more information on this topic. 

The Basics of Filing a Florida Wrongful Death Lawsuit

Florida Wrongful Death Claim

In a wrongful death lawsuit, the plaintiff makes a claim against a person who can be held liable for a death.  A wrongful death claim is considered a civil action and is usually filed by close relatives to the person who was killed. 

The standard of proof in a wrongful death lawsuit in Florida is usually preponderance of the evidence instead of beyond a reasonable doubt.  That is why it is easier for families to pursue retribution against someone responsible for their loved one’s death in a wrongful death suit than it is through criminal prosecution.  However, if someone is found guilty of causing a person’s death, the family can still pursue a civil lawsuit in a wrongful death action.  For example, O.J. Simpson was acquitted in the death of Nicole Simpson and Ron Goldman, but in 1997 a judgment against Simpson for their wrongful deaths was awarded in civil court by a jury.

A wrongful death can be caused by a car accident, doctor negligence, hospital error, nursing home abuse or even a defective product.  If you have lost a loved one and you are not sure if you have a wrongful death claim, you should contact a Florida wrongful death lawyer who can review your case.  The lawyers and staff at Lilly, O'Toole, & Brown LLP, have significant experience handling wrongful death actions and can help you.  Call (863) 683-1111 today.

Who is Responsible for Brake Failure?

If you have ever experienced brake failure, you know how frightening it can be.  When brakes fail, the risk of you being in a collision with another vehicle or object becomes extremely high.  As you frantically try to pump the brakes, you begin to fear the worst.

An accident caused by brake failure can lead to serious injuries.  If you have been injured in a car accident, you know that the medical expenses can add up and that you could experience a drop in income as you are forced to take time off of work to recover.  Depending on what caused the brakes to fail, you may be able to recover compensation for your injuries.

Poor maintenance is often a factor in brake failure.  If you do not follow the manufacturer’s guidelines for maintaining your brakes, you are considered to be at least partially responsible.  However, if you properly maintained your brakes and had them checked, responsibility shifts.

Sometimes brakes are defective, which can mean that the manufacturer is liable for your accident and subsequent injuries.  In a defective brakes case, you can file a lawsuit against the manufacturer to try to recover monetary damages, such as pain and suffering, medical expenses, lost wages, mental anguish and other expenses related to your injuries.

In 2008, there was a class action lawsuit against Kia Motors America Inc., alleging that the Sephia sedan had defective brakes.  The plaintiffs in the class action lawsuit were consumers who had purchased these vehicles between 1997 and 2000.  After a three-week trial, the jury awarded $6 million to the plaintiffs.  According to the jury, Kia violated the Magnuson-Moss Warranty Act.

Defective brake cases can be complex and the manufacturer will do everything possible to show that they are not responsible, which is why you need a knowledgeable attorney representing you.  Contact the experienced Florida defective brakes attorneys at Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 to review your case.  

The article titled, When Brakes Fail to Work Properly, has more information on this topic.