Florida Legal Information Blog

Fatigued Truck Drivers Are A Major Cause of Highway Accidents In Florida

Published on: December 1, 2022 | By Roger P. Foley

Recently, I was driving South on I-95 from Daytona Beach to Palm Beach County and encountered a tractor trailer that nearly sideswiped my vehicle. Luckily, I swerved and braked to avoid the accident. I was behind the 18-wheeler and noticed that the big rig failed to maintain a single lane, he was going onto the right shoulder then back over to the middle lane continuously. At one point he drove the center of the big truck down the shoulder lane nearly colliding with an emergency road vehicle that was helping a stranded motorist.

My passenger, Mario, happens to be a cinematographer with The Media Kraken, and began videoing the near catastrophic consequences of when a semi-trailer crashes. During this time, I called Florida Highway Patrol to have the vehicle stopped. FHP located us and followed the truck momentarily, making their own observations, and two FHP vehicles activated their overheadlights and the trucker pulled over. We later learned it was not a dui or a medical condition but a fatigued driver. Accordingly, it led me to write this blog. After all, I am a personal injury lawyer that represents victims of truck driving accidents.

https://youtu.be/XZm_cMnvnYY

Pre-Existing Medical Condition

Published on: October 21, 2022 | By Roger P. Foley

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If you have a pre-existing medical condition, an injury can become significantly worse when a new accident occurs. This is because the original condition may have caused damage to your body that makes it more vulnerable to further injury. For example, if you have arthritis in your knees, a fall could result in a much more serious injury than if you did not have arthritis. If you have a pre-existing medical condition, it is important to be extra careful to avoid accidents and injuries. Unfortunately, we can be careful but an accident can always occur if and when others act negligently.

Pre-existing injuries can complicate personal injury cases. If you have a pre-existing condition, it may be difficult to prove that your injury was caused by the accident and not by the pre-existing condition.

There are a few things you can do to try to overcome this obstacle. First, get medical treatment for your injury as soon as possible after the accident. This will help to establish that the injury was caused by the accident and not by the pre-existing condition.

Establishing A Personal Injury Case In Florida

Published on: August 7, 2022 | By Roger P. Foley

pi-west-plam-beach-personal-injury-lawyer-300x200 In order to establish a valid insurance claim or a personal injury lawsuit in the state of Florida, the individual must first prove that the other party was negligent in their actions.

In order to prove negligence, the individual must first show that the other party owed them a duty of care. This means that the other party had a responsibility to act in a certain way in order to avoid causing harm. Second, the individual must show that the other party breached this duty of care by failing to act as they should have. This can be done by showing that the other party acted differently than a reasonable person would have under the same circumstances. Third, the individual must show that they were actually injured as a result of this breach of duty. Finally, the individual must show that their injuries were caused by the other party’s negligence and not by anything else.

Comparative Negligence

Florida Auto Insurance: Understand The Basics and Protect Yourself In The Event Of Injury

Published on: August 7, 2022 | By Roger P. Foley

No one ever plans on being in an auto accident, but the fact is that they happen all the time. You never know when or where it will happen, so it’s important to be prepared. Being prepared is understanding your available insurance coverages. Having the proper coverage will protect you financially if you are injured in an accident and your car is damaged. This blog is brought to you by the Law Office of Roger P. Foley in an effort to educate drivers about the types of insurance coverage they should have in case an accident occurs.

Personal Injury Protection (PIP) Is Not Sufficient To Protect Drivers that Are Injured In An Auto Accident

Most Florida drivers are only required to carry the minimum amount of auto insurance coverage, which is $10,000 for personal injury protection (PIP) and $10,000 for property damage liability (PDL). This is considered full coverage. However, this may not be enough to cover all the costs if you are involved in a serious car accident. That’s why it’s important to have bodily injury coverage, uninsured motorist coverage and stacking of coverages.

Distracted Driving In Florida Is Increasing In 2022

Published on: August 7, 2022 | By Roger P. Foley

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In Florida, as in many other states, drivers have a legal duty to use reasonable care anytime they are engaged in something that might foreseeably cause harm. This includes avoiding distractions while driving. Unfortunately, many drivers do not take this responsibility seriously and engage in activities that could jeopardize their safety and the safety of others on the road. If someone your safety by causing you to be injured in a car accident then contacting a car accident lawyer may be necessary.

Distracted driving is a serious problem in Florida. According to the Florida Department of Highway Safety and Motor Vehicles, an average of 370,000 crashes happen in this state each year. A large percentage of these accidents are caused by distracted drivers.

There are many things that can distract a driver, but one of the most common distractions is cell phone use. Many drivers think they can safely text or email while driving, but this is simply not the case. Texting or emailing requires a driver to take their eyes off the road and their hands off the wheel, which increases the risk of an accident. In addition, most would argue that any cognitive distraction that changes the driver’s focus from driving can cause an accident.

What Is Accident Report Privilege In Florida And What Does It Mean For You As A Driver Or Passenger Involved In A Car Accident?

Published on: August 4, 2022 | By Roger P. Foley

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Accident report privilege is a law in Florida that protects drivers and passengers that are involved in a car accident from having their statements used against them in court. This means that if you are involved in an accident, the information that you provide to law enforcement can not be used against you in a civil or criminal court.

Florida Statute 316.062 provides that the driver of any vehicle that is involved in a motor vehicle crash resulting in injury or death SHALL provide:

Name, address and registration of vehicle they were driving; and

Child Car Seats: What You Need to Know

Published on: July 26, 2022 | By Roger P. Foley

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It’s no secret that car accidents are one of the leading causes of death in children. Every 25 seconds, a child is involved in a car crash while riding as a passenger. Every day, around 500 children get injured in car accidents in the United States. However, when car seats are installed correctly, they can reduce the risk of fatal injury by 71% for infants and 54% for toddlers.

That’s why it’s so important to make sure your child is as safe as possible when traveling in a car. One way to do this is by using a child car seat. But with so many different types and brands on the market, it can be hard to know which one is right for your child. In this blog post, West Palm Beach Personal Injury Lawyer, Rp Foley, will discuss the different types of child car seats and what the Florida law says about keeping your children safe while in an automobile.

There are three main types of child car seats: rear-facing, forward-facing, and booster seats. Each type has its own set of safety features and is designed for a different age group.

Driving In The Rain In West Palm Beach (Helpful Tips To Avoid A Car Crash)

Published on: July 20, 2022 | By Roger P. Foley

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The rainy season in West Palm Beach typically lasts from May until October. During this time the area experiences an average of 12 inches of rainfall per month. The rains usually come in the form of thunderstorms, which can sometimes be severe.

While the weather can be a bit unpredictable during this time of year, it’s also one of the most beautiful times to be in West Palm Beach. The area is lush and green, and the rains help to cool off the hot summer temperatures.

However, the rainy season can also be a dangerous time to be on the roads. Due to the increased rainfall, the roads can become slick and slippery. This can lead to a higher number of car accidents. As a West Palm Beach Personal Injury and Car Accident Lawyer, my office understands that: