IMPORTANT FACTS TO KNOW ABOUT FLORIDA’S CURRENT TEXTING AND DRIVING LAWS

Texting while driving is one of the most common distracted driving behaviors and is now a major issue in Florida. In 2019, Florida attempted to reduce the number of drivers texting while driving and furthermore reduce the accidents associated with this behavior. The state enacted Florida Statutes Section 316.05. This law made it legal for police officers to stop and issue citations to drivers who text while driving. This behavior is now illegal in the state.

 

The said law took effect in 2020. According to this law, drivers who are holding or using a wireless handheld communication device in a clearly marked school crossing, school zone, or active work zone are subject to a stop and a warning from law enforcement. Most cellular phones and smartphones meet the definition of prohibited wireless communication devices.

 

A first offense for breaking the Wireless Communication While Driving Law, sets a base fine of $30. A person guilty of breaking this law for the first time may also pay court costs and other fees. However, no license points apply if it is a driver’s first offense. However, license points apply for a second offense within five years and a base fine of $60. A driver may also face court costs and other fees. For any offense where a motorist violates the hands-free driving law in a work zone or school, they will receive a base fine of $60. They may also be made to pay court costs and other fees.

 

There are also some existing exceptions to the texting-while-driving law. The law accepts drivers that receive messages related to navigation. However, despite the state’s law, using a device for navigation can still be dangerous and can still be considered negligence if it results in a collision.

 

If you or a loved one have been severely injured in a collision because of a driver who was texting while driving, you can reach out to Darfoor Law Firm and we will give you the best service you deserve. Contact us at +1-833-327-3667 for a free consultation and case evaluation.

 

Safety Decorating Tips this Holiday Season

The Holiday Season is here! It is easy to get caught up in the festivities. While you are busy decorating the house, you may forget to always prioritize safety for you and your family.

Although the season is about fun, happiness, and family get-togethers, mishaps can happen. Falls, cuts, burns & back strains are some of the most common injuries that send people to the ER during the holidays. To ensure you have a safe, healthy, and happy holiday season with your friends and family, here are 12 tips to keep in mind as you deck out your home:

 

  1. Work as a team.

Decorating during the holidays can be a tougher job than you may think. It can be a sort of bonding for a family to work as a team in putting on decorations around the house so the job can be easier and more fun. Help one another in putting up the tree. Also, when stringing lights and decorations above your normal reach, make sure you use a proper ladder with someone supporting the base. This will keep you safe and avoid slip and fall accidents.

 

  1. Keep live trees away from heat sources.

If you have a live Christmas tree, position it far from fireplaces and heaters. Live trees are highly flammable due to needles and sap. Keeping this in mind, make sure to put a fire extinguisher near your tree.

 

  1. Hydrate your live trees.

Continuing tip 2, ensure proper hydration to your live tree. A dried-out tree can catch fire faster than one that has been properly watered.

 

  1. Fake it!

You may opt to buy an artificial tree. These trees are fire-resistant. They are less susceptible to catching fire. If you buy an artificial tree, label it as “fire-resistant.”

 

  1. Double-check your lights.

Replace any lights with frayed wires, broken sockets, and loose connections. The CPSC issued new guidelines for seasonal light safety in 2015, setting a minimum wire size, and standards for strain relief and over-current protection.

 

  1. Do not burn wrapping paper in the fireplace.

Paper can catch fire very quickly and can cause flash fires. Instead, recycle your wrapping paper.

 

  1. Secure candles.

Keep candles on a sturdy base to prevent tipping. Never leave a lit candle unattended.

 

  1. Use unbreakable ornaments.

If you have fragile ornaments, place them out of reach from pets and kids.

 

  1. Skip the fake food.

Avoid decorations that look like candy or food if you have young children — or pets — in the house.

 

  1. Beware of poisonous plants.

Some festive plants are poisonous and should be avoided. Poinsettias are poisonous when eaten, so keep them out of reach of kids and pets. Some plants to avoid too are holly, mistletoe, English ivy, and yew. You can research these plants before buying and using them as decorations.

 

  1. Prevent electrical cord damage.

Do not mount lights in a way that might damage the cords, and avoid using nails or tacks. Use hooks or insulated staples instead.

 

  1. Power down before you turn it on.

Turn off all lights when you go to bed and before leaving the house to avoid a short that could start an electrical fire.

Happy Holidays!

Are Passengers Protected in The Event of An Uber Car Accident?

Uber is a ride-hailing firm that provides the Uber mobile app. With this app, you may request a trip and your current location will be instantly delivered to an Uber driver nearby and let them know where you are. The accepting Uber driver will then pick you up and take you to the location you specified. Uber has become increasingly popular in the United States. It has become one of the most used transportation ways nowadays. Uber drivers can create their own work schedules, use their own cars, and enjoy a great deal of work flexibility not offered by regular taxicab companies. But, since accidents can happen, it is important to understand what happens when a driver is involved in an accident in Florida, where there are a few unique auto insurance laws.

If a Florida passenger is hurt in an Uber car crash, Uber does provide coverage. Passengers are protected from the moment a driver accepts a trip and picks up the traveler until the moment they are dropped off. All parties are protected by a $1 million commercial insurance policy during that time. Take note that injury coverage is not guaranteed when a driver is not on duty and waiting for passengers. A driver’s personal auto insurance policy as well as Uber’s limited liability coverage are intended to provide appropriate protection for anyone injured during that time. In Florida, however, there are no insurance regulations for situations in which a person uses their own automobile to carry paying passengers and regular auto insurance does not operate in that manner.

While some states have found ways to close that gap, such as getting additional commercial insurance, Florida does not currently offer this option. To date, if the company’s commercial cover does not pay, damages for injuries must be covered by the driver, which is a primary reason that underinsured motorist coverage is a good idea for all vehicle owners in the state. While the Florida Senate continues to focus on establishing insurance regulations for Uber drivers, an expert Uber or car accident lawyer can assist in determining fault and pursuing just compensation if someone is injured in an Uber automobile accident in Florida.

If you have been injured in an Uber car wreck, you may contact Darfoor Law Firm at +1-833-327-3667 for a free consultation and case evaluation. Darfoor Law Firm specializes in Personal Injury Claims including car accidents.

What To Do When Involved in An Uber Accident in Florida

Uber has become a popular means of transportation not only in the United States but also around the world. Since it is very convenient and you can easily book a ride on your phone app, many people tend to use Uber every day. But, no matter how guaranteed safe Uber rides are, there are still cases of accidents and injuries. When you are involved in an Uber accident, remember to follow several steps below:

Remain Calm.

Car crashes can be nerve-wracking, horrific, and violent. But it is important to keep in mind to stay calm if you are involved in an Uber car accident, whether you are a passenger, another driver, or a pedestrian. Staying calm will help you decide your next action after the collision. You are responsible for your case.

Seek Medical Attention. 

One of the most important steps, after you have been involved in an Uber accident, is to get examined by a qualified medical professional. Besides making sure that the accident victim is all right, prompt medical attention also serves to document the injuries. This will later be crucial information in getting your compensation.

Take Photographs of the Accident if Possible.

Taking photographs of the accident is highly advised. This is another vital document that can be used in seeking compensation. Also, photographs should be taken of the driver’s insurance information and licenses. If there are any witnesses to the accident, contact details should be exchanged with them, too. Witnesses may be called later upon investigation.

Talk to Law Enforcement Officials.

When involved in Uber accidents in Florida, people should ensure that the investigation officer or even the community service aide knows who the injured party is and that he or she was an Uber passenger. The injured person is entitled to request a copy of the accident crash report and the report number. He or she must make sure to tell the law enforcement official if they are injured at all and provide all information that the officials may request.

Contact an Uber Accident Attorney in Florida.

If you are injured in an Uber car crash, you may need the guidance and help of a car accident attorney. Uber accidents are known to present complex insurance coverage issues and do have to be fully and thoroughly investigated. In most cases, Uber must carry $1 million in insurance to protect its drivers, customers, and anybody else hurt in an accident. Although Uber’s insurance coverage is still relatively new, a knowledgeable car accident lawyer can guide you through the legal difficulties of making a claim for compensation and damages.

If you have been injured in an Uber car wreck, you may contact Darfoor Law Firm at +1-833-327-3667 for a free consultation and case evaluation.

Understanding the Stages of a Florida Injury Claim

Every injury claim is unique, but most cases follow a similar timeline. Having an experienced and understanding personal injury attorney at your side all throughout every stage is a great advantage for you and your case.

 

The first step for many injured accident victims seeking compensation after a crash or fall, after seeking medical attention, is choosing, and meeting with an attorney. Upon meeting your chosen attorney, keep in mind, to be honest, and provide them with thorough details about your accident and injuries.

 

Your attorney will ask specific questions about your accident. Make sure to answer completely and honestly. Your attorney will need accurate information in order to pursue the claim in the way that is most advantageous to you. Also, remember that every piece of information you put out to your Florida accident lawyer is held in strict confidence, so you do not need to keep some information to yourself and be embarrassed about revealing the details of the accident, your medical concerns, or other personal circumstances.

 

Your personal injury lawyer can offer you an honest assessment of whether you have the basis for a Florida personal injury claim after hearing the specifics of your accident and injuries.

 

When the magnitude of the injuries and damages is obvious, it may make sense to initiate a lawsuit. In some cases, it makes more sense to attempt a non-judicial resolution of the conflict. We will go over both procedures.

 

Filing a Demand in a Personal Injury Claim

Often, the same results can be accomplished by presenting an effective argument to the defendants before filing a lawsuit as would be achieved by spending the additional money to file a lawsuit and litigate the issues. In those cases, your attorney will conduct a thorough investigation of the facts, possibly utilizing expert engineers or physicists, compile pertinent information from your medical records, and present the strong points of your case in a demand package. This demand package presents insurance companies with a review of the facts and acts as a starting point for negotiating a settlement.

 

 

 

 

Filing Suit in a Florida Personal Injury Claim

Every lawsuit begins with the filing of a complaint. This document, which explains the nature of the legal action between you, your insurance company, the other parties involved in the accident, and their insurance companies, is filed with the court and served on the opposing party. Such a conversation should be led by your personal injury attorney.

 

The initial papers, or pleadings, include:

  • Your complaint. Your complaint is the formal document outlining the accident, your injuries, and the compensation you (the plaintiff) seek.
  • Summons and service of process. This is an order for the defendant to appear before the court in which your case will be held. It notifies the other party that you intend to sue them for your injuries and damages.
  • Answer. An answer is the other party’s response document to your complaint. It will address every part of your complaint to either admit or deny each part individually. It may also raise defenses.
  • Counterclaim. Like a complaint, a counterclaim is what the other party will file against you, should they have their own complaints regarding the same incident.
  • Reply to counterclaim. Your reply to the counterclaim works the same as an answer does to the original complaint, but to the counterclaim.
  • Cross-claims and replies to cross-claims. These occur only when there are multiple parties involved that could be “aligned” as plaintiffs or defendants.

 

Your personal injury lawyer will oversee the process of filing all required papers, including claims and answers to counterclaims, throughout the following phase of your personal injury claim. This is called the discovery phase.

 

Discovering all relevant information regarding the case is exactly what it sounds like; it’s called discovery. The American judicial system dislikes surprises, therefore all sides must be aware of the facts and pertinent information before the trial even starts. The process of discovery involves the exchange of copies of the interrogator questions that will be used in court, the evidence that will be presented, the documents that will be used, and the witness depositions.

 

At this point, your injury claim can be resolved in one of two ways, before trial or at trial.

 

 

Resolving a Florida Personal Injury Claim Before Trial

A case can be resolved before trial either by motion or by settlement. If a motion can end your case, your personal injury attorney will file a motion (a request that the court take a certain action) for the court to rule on a particular matter that could end all litigation. Such motions are successful when the other side is lacking convincing evidence, key facts are not disputed and can therefore be decided by a judge, or the defendant does not file an answer in his or her allotted time limit.

To end your case by settlement, an agreement must be reached between the parties. Generally, the plaintiff agrees to dismiss all pending legal actions in exchange for a sum of money, but every case is different. Sometimes, an agreement is made with only some of the parties and others leave the issues to be decided by a jury.

Letting the Jury Decide

Through trial, a judge or jury will hear all evidence regarding the accident and decide who is at fault and whether you deserve compensation for your injuries.

The phases of a trial are as follows:

  • Jury selection;
  • Opening statements;
  • Witness testimony;
  • Closing arguments;
  • Instructing the jury;
  • Deliberation; and
  • Verdict.

 

Because you are most likely to be called to speak about how you were hurt, what has changed since the incident that caused your injury, and how your life has been altered, you will be most involved with witness testimony. The truth is what matters most, and your attorney will work with you to make sure you are well-prepared for your time testifying.

 

Darfoor Law Firm specializes in Personal Injury Claims. We, at Darfoor Law firm, understand the burden, the baggage, and the pain you are enduring. Thus, we are here to help you fight for your rights and we are with you along this journey.

 

Call Darfoor Law Firm at +1-833-327-3667 and let us guide you on what are the best ways to do when you are injured and involved in an accident.

Remind your Teens About Driving Safety Rules Today

As the world slowly moves forward after the pandemic, classes have started and most social activities are allowed to happen again. Teenagers are having parties and get-togethers more often. Those that have driver’s licenses may be driving as a way of leisure. These long-distance drives can pose additional hazards.

 

If your children are often off to driving over long distances, talk to them about driving safely. Being on the road for a long time can mean a higher risk of car accidents and injuries. Below are subject matters that you may want to discuss with your teenagers:

 

Long Distance Drive. If your children are about to drive long distances, talk to them about the dangers of highway hypnosis, dangers of fatigue or drowsy driving, and other hazards of long-distance excursions. See to it that they understand it is easy to get distracted on long drives that is why it is important to plan frequent rest stops to ensure their safety during the entire trip.

 

Risky Driving. Teenagers especially those who only learned to drive recently may still be figuring out their limits. You may want to discuss driving maneuvers such as racing, speeding, and other risky activities.

 

Drunk Driving. It is never safe to drive while under the influence of alcohol. Teenagers who engage in underage drinking run a double risk of losing their driver’s license and suffering life-threatening injuries. Make sure to always remind your teens about this.

 

Distracted Driving. Distractions come in many forms, including cell phones, other passengers, and even the dashboard. Encourage your teens to keep their hands on the wheel, their eyes on the road and their mind on driving. Discuss all the ways that distraction can happen in the car and help them find their own solutions for overcoming distraction.

 

Passengers. Talk to your teens about considering limiting the number of passengers in their car so they can keep their full focus on the road. Studies have shown that the more passengers there are in a car, the more at risk of accidents teen drivers are.

 

Peer Pressure. Everyone is subject to peer pressure. Teenagers may wish to impress their friends or maybe worried about being left out of group activities if they say “no” to risky behavior. Discuss with them some ways they can get out of peer pressure situations and think about themselves and their safety as the main priority.

 

If your teen has been injured by a dangerous driver or someone’s negligence, contact a car accident attorney to discuss your situation. You may contact Darfoor Law Firm at +1-833-327-3667 for a free consultation and case evaluation.

 

Ways to Avoid Traffic Accidents during the Holidays

The hustle and bustle of shops, malls, and streets during the holiday season are inevitable. At this time of the year, streets will be very busy and traffic will most likely occur which can increase the chance of car accidents happening. The holiday season also coincides with flu season, which can mean drivers will mostly be tired and distracted by illness. Another factor that can contribute to the occurrence of car accidents is drivers who drunk-drive coming from holiday events.

 

If you live in Florida, you will want to plan your Holiday in a few specific ways:

 

Have a plan for holiday shopping and errands. Save your time and avoid driving anywhere by grouping your errands in the same location or adjacent locations only. Do shopping in one go and avoid driving back and forth. Another thing to consider is to shop online if you can. These tips can help you avoid busy establishments, terrible traffic, and a high chance of accidents.

 

Plan for holiday events.  Check your calendar and take note of the holiday events you have coming up. Most of your activities will require driving or transportation at some point and it can be very useful to plan ahead including how you prefer to get to your destination. Choose to travel early and reduce the risk of fatigue or drunk driving by using public transit or carpooling.

 

Make sure to arrive sober and safe.  You can always choose the safer options by designating a driver, having money for cabs, and/or understanding the shuttle services available in your community. Establish your transportation plans of coming to events and going home before you start drinking so you know you are safe and will not be drunk driving.

 

Check your car.  Get a car checkup for the holiday season to ensure your car is safe to drive. The holiday season means your car will most likely be used more often to run errands or drive long distances to see friends and families.

 

 

 

Make New Year’s Eve Arrangements/Reservations. Your ride to your New Year’s Eve celebration and coming home should be your priority. You should plan ahead by considering booking a shuttle, driver, or hotel room early rather than driving home after parties while drunk. Since it will surely be hectic, avoid waiting until that night for a taxi or other ride home. This can reduce your risk of accidents.

Throughout the holidays, our phone lines will continue to be staffed, so you can reach an attorney if you have been injured and need help.

You can always contact Darfoor Law Firm at +1-833-327-3667 for a free consultation and case evaluation. Have a happy holiday!

 

Drowsy Driving

According to an AAA study, drowsy driving may be a contributing factor in one out of every 10 car accidents, making tired driving a bigger problem than previously assumed. Only 1% to 2% of traffic collisions, according to previous estimates, were caused by drowsy drivers. The study, however, investigated a broader group of drivers and was more detailed than earlier studies.

 

The AAA study’s findings are the result of monitoring 3,500 motorists between 2010 and 2013. Over 700 accidents involving the drivers under observation occurred throughout the study period, and fatigued driving was found to be a contributing factor in as many as 9.5% of the collisions. More than 10% of collisions that involve significant results were connected to drowsy driving, including injury or airbag deployment.

 

Ways to Avoid Drowsy Driving Accidents

 

Managing time well. Learning to delegate tasks and managing your schedule can be very beneficial to you. Getting enough time to sleep every day before heading out to work or wherever, is very important and can help you avoid any road accidents, especially drowsy driving.

 

Practicing good sleep hygiene. Having a regular nighttime routine helps you relax and destress. It is important to remember to turn off screens at least an hour before bedtime and avoid eating in the hours before bedtime, as this can affect your sleep. Having a bedroom that is clean, comfortable, and has a good temperature can also ensure proper rest.

 

Taking sleep deprivation as seriously as drunk driving. Take the time to evaluate yourself before hitting the road. If you are very tired or having trouble keeping your eyes open, do not drive. Take a taxi or get drive with someone else or get enough rest first. It is never worth the risk to nod off at the wheel and cause a collision.

 

Going to a doctor if you constantly feel tired. Constant tiredness can be a symptom of an underlying disorder. Fatigue can be a sign of sleep disorders including sleep apnea, which can be dangerous to people who always need to drive. This requires attention and treatment.

 

The focus on drowsy driving has not been as extensive in part because it is difficult to prove when a driver is fatigued or closing his or her eyes. If you have been injured by someone else’s drowsy driving, it is crucial to consult and work with a car accident attorney. An attorney with experience in these cases can work with accident reconstruction experts, investigators, and other professionals to help find the evidence needed to strengthen your case.

 

You can reach out to Darfoor Law Firm for a free consultation. Rest assured that we will help you in car accident cases and give you the best service you deserve. Contact us at +1-833-327-3667.

 

How To Prove Premises Liability

If you happen to be in a situation where you hold someone accountable for premises liability, it is crucial to prove that a specific person was responsible for the damages you have endured. Like most personal injury cases, there are factors that you should establish. Below are for factors that can help you throughout the process:

 

A Legal Duty of Care

Property owners or managers have legal duties and responsibilities to keep anyone that enters their property safe. Thus, if the property owner or manager sees – or should have seen – a potentially unsafe situation or a hazard, they must take immediate action to address any issue. This is their duty of care.

 

The Property Owner Breached a Duty of Care

You must be able to show that the property owner or manager breached their duty of care, whether intentionally or unintentionally. This means that the property owner had either created the danger that resulted in your injury or seen an unsafe situation and did address the issue.

 

An Accident Occurred Because of Negligence

You must demonstrate that a property danger or act of negligence caused an incident, such as a trip or fall, or any other problem. If another visitor on the premises is responsible for the occurrence, liability concerns can arise. Instead of the property owner, the specific person would be held accountable.

 

The Plaintiff Suffered an Injury

You must establish that you were injured as a result of the incident in order to receive compensation. In a premises liability case, compensation would cover any losses you incur, such as medical expenses, lost income, and more.

 

If you or a loved one has suffered an injury, it is vital to have a representative on your side who understands and sympathizes. Rest assured that we at Darfoor Law Firm give our best in helping you get the compensation you are entitled to. If you need assistance, contact us at +1-833-327-3667. We provide free consultation and case evaluation.

 

Let’s talk about Truck Accidents

According to the Federal Motor Carrier Safety Administration (FMCSA), while truck accidents are common in the United States, Florida is among the nine states with half of the fatal crashes. In many cases, drivers and occupants of smaller vehicles are the most affected, suffering various losses.

 

Florida continues to have truck accident fatalities in the US year after year. Florida’s semi-truck accident rate is greater than the national average when compared to commercial truck accidents in other states like Texas and California.

 

In trucking accidents, since trucks are 20-30 times more giant in size than smaller cars, passenger vehicle occupants are usually the most injured or affected. Trucks also have undercarriage clearance, which sometimes smaller vehicles can get trapped underneath.

 

In addition, the National Highway Traffic Safety reports that most truck collisions in Florida occur in rural areas. These kinds of car accidents are common in South Florida. Interstate 95 receives more than 300,000 cars every day on the state’s Atlantic Coast.

 

Common Causes of Truck Accidents

 

  • Fatigue. Driver Fatigue is one of the most prevalent causes of trucking accidents. Truck drivers often drive for long hours resulting in extreme exhaustion and inadvertently falling asleep behind the wheel. This number one cause of truck accidents can be prevented. In Florida, truck drivers must take a 30-minute consecutive break for every eight hours of cumulative drive time. Drivers who do not obey this law are liable for negligence.

 

  • Lack of Truck Check-up and Maintenance. It is a truck operator’s responsibility to check and maintain their respective trucks in order to address mechanical failures or issues. For instance, the braking system on a large truck requires specific air pressure based on the truck’s load for it to function properly all the time. In that case, operators should never forget to check and ensure all mechanical features of the truck are properly working before driving. This is for the safety of the driver and anyone on the road.

 

  • Driving Under the Influence. Driving while under the influence of drugs or alcohol is also a cause of trucking accidents. This behavior is an offense in Florida. The state’s law provides that drivers must operate their vehicles with less than .08% blood alcohol concentration (BAC). However, it halves the number for commercial drivers who must operate with less than .04% BAC. Truck drivers fall under the latter category.

 

  • Over speeding. No matter what type of vehicle, speeding is dangerous and a common cause of Florida truck accidents. A fully-loaded trailer needs 525 feet to stop when traveling at 65 miles per hour. That is roughly the length of two football fields. Under the same condition, a passenger car needs 316 feet to stop. Hence, truckers must give adequate space between vehicles and maintain the posted speed limit.

 

  • Lack of Proper Training. A driver’s ability to adeptly operate a large truck plays an important role in the safety-ness the driver and anyone on the road. Hours of training and special licensures that contribute to gaining expertise are a must. Also, a truck driver must also fully understand and quickly realize potential roadway hazards. However, it is the trucking company’s responsibility to hire and train appropriately licensed and experienced drivers to represent their company. The fault in a truck accident may potentially fall on the company if the evidence demonstrates a lack of training or proper licensure.

 

 

Who to Ask for Help if You were Involved in a Truck Accident

 

We understand that a truck accident can jeopardize your health and general well-being. Darfoor Law Firm specializes in Personal Injury Claims including trucking accidents. It is our duty to help people have the best representation and fight for the compensation they are entitled to.

 

You may contact Darfoor Law Firm at +1-833-327-3667 for a free consultation and case evaluation.