Driver Fatigue Car Accidents

Getting behind the wheel of a vehicle while fatigued can have many consequences, from drifting out of your lane to resulting in a deadly crash. The National Highway Traffic Safety Administration estimates that driver fatigue is responsible for about 70,000 crashes, 40,000 injuries and 800 deaths every year. Driver fatigue is typically caused by a lack of sleep, though it may also be caused by drivers who have a sleeping disorder, medication, alcohol or shift work. While falling asleep at the wheel is very dangerous, drowsiness can be just as dangerous, as drowsiness slows down reaction time, affects vision and ability to focus and causes drivers to nod off or completely fall asleep.

Proving a driver’s drowsiness is not as simple as proving intoxication. While crash investigators may suspect that drowsiness contributed to driver error, their clues are not conclusive. The time of the accident may support a drivers drowsiness, as most fatigued driver accidents occur late at night, early dawn or in the mid afternoon. Determining if driver fatigue was the cause of an accident can also be done by considering the manner in which the accident occurred. If the accident was caused by a simple driver error, which typically would not occur if a driver was in the right state of mind, or drifting into other lanes or the opposite side of the road, it is likely that driver fatigue was responsible for the driver’s actions. In accidents involving truck drivers, a record of the driver’s hours can help determine if driver fatigue played a part.

Crashes caused by driver fatigue involving just one vehicle may allow passengers to seek compensation from the driver’s insurance. In the event of a multi-car crash, such as a driver failing to break or crossing onto oncoming traffic, that may allow for all individuals involved to seek compensation for injuries, as well as property damage. If you or a loved one was injured or killed as a direct result of driver fatigue, call Darfoor Law Firm at 1-833-DARFOOR to speak with an experienced personal injury lawyer for a free consultation.

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Used Cars Sold Without Airbags

As a higher percentage of cars on the road contain airbags, a growing problem is the sale of vehicles without disclosing that their airbags are missing. One study estimates that about 40,000 cars are returned to the road each year without airbags. There are cases in which consumers keep a vehicle after the airbag has deployed, without replacement, due to high cost or simple negligence. A dealer accepting one of these cars as a trade-in may be told about the missing airbag or notice an airbag malfunction light, but may not pass the information on to a subsequent purchaser and instead disconnect the malfunction light. In other cases, due to the expensive cost of airbags, airbag theft is becoming more and more popular, and encouraging airbag scams. A rogue repair shop could steal the airbag and disconnect the malfunction light, and no one would be the wiser. A repair shop could also tell the consumer that the airbag was replaced when it has not been to make a quick profit.

Fraud related to missing airbags may result in significant punitive damages because of the safety hazard involved. In Florida, it is a crime to install a junk-filled airbag or to conceal the fact that the airbag has been deployed. According to Florida Statutes, “It is unlawful for any person to knowingly import, manufacture, purchase, sell, offer for sale, install, or reinstall on a vehicle a fake airbag or junk-filled airbag compartment. Any person who violates this subsection commits a felony of the second degree.” Also, the Airbag Anti Theft Act requires that all persons maintain complete and accurate records, prepare complete and accurate documents, provide information within a portion of such record upon request, or properly disclose that an airbag is salvaged.

Driving on the road can pose possible threats, the possibility of missing an airbag should not be one of them. If you have been injured in an accident while unknowingly driving a car that lacked an airbag, it is important to hire an attorney that can assist you. At Darfoor Law Firm, we can help you navigate the law and protect your rights. We will review your case and provide professional legal options and any compensation you may be entitled. Contact Darfoor Law Firm at 1-833-DARFOOR for a free initial legal consultation to discuss your case.

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Car Accident with Uber or Lyft

Who is Responsible in an accident involving a Uber or Lyft driver?

Ride sharing services have gained popularity within the past few years, as people request the services for day to day travel or special occasions. As ride sharing companies grow and acquire more drivers and passengers, there has been an increase in the number of accidents involving Uber and Lyft drivers. Auto accidents involving ride-sharing companies like Uber and Lyft can be complicated and unique because of the changing landscape of the laws that regulate such businesses. Passengers are typically concerned about who is responsible? Whose insurance should be contacted? etc. Due to the increasing number and frequency of accidents across the US, Uber and Lyft adopted insurance coverage for drivers that begins once they have accepted and picked up a passenger. Under Florida’s general automobile insurance law, all drivers in the state are required to carry a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) coverage. The Uber / Lyft Bill, also known as CS/HB 221 imposes additional requirements for ridesharing drivers both while “logged on to the digital network but not engaged in a prearranged ride,” and while “engaged in a prearranged ride.”

What to do after being in an accident while riding with Uber or Lyft?

It is important to note that if you’re an injured passenger in the car with the driver, your personal auto policy probably would not provide coverage for an injury in this case because private-passenger auto insurance policies were not intended to provide coverage for injuries incurred while the vehicle was engaged in a commercial enterprise. However, the rideshare insurance will, more than likely, cover your injuries.

In any case, whenever you are involved in a car accident make sure you get as much information as you can about the crash. If you were a passenger, you should get the information for your driver, as well as any other drivers involved in the crash.  Make sure to get the following information:

  • Your Lyft/Uber driver’s name, address, and phone number (some of which may be available in the app)
  • The other driver’s name, address, and phone number
  • The personal insurance information for your Lyft/Uber driver
  • Any insurance information you can get regarding Lyft/Uber’s own insurance
  • The other driver’s insurance information
  • Vehicle information (registration number, make, model, and license plate numbers) for any cars involved
  • Names, addresses, and phone numbers of any witnesses
  • Take pictures and notes regarding any injuries or vehicle damages

If you were a passenger in an Uber or Lyft accident, you may be wondering what you should do next.  If you were injured, you may have medical expenses, you may be out of work because of your injuries, or could be suffering from the pain.  In any case, you may want to consider taking your case to an experienced personal injury attorney. Contact Darfoor Law Firm. Our firm has extensive experience in representing personal injury victims. Give us a call today at 1-833-DARFOOR for a free consultation regarding your rights under Florida law.

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Duty of Care in Car Accidents

The duty of reasonable care is a fundamental aspect concerning personal injury cases. Florida law requires all drivers to use reasonable care while operating any vehicle, to avoid harming anyone encountered on the road. Drivers hold duties, such as, driving at a reasonable speed, maintaining control of the car, as well as the cars equipment, and adapting to any circumstances, with vigilance. Failure to exercise reasonable care subjects drivers to liability to other persons for injury and damages. Such failures can range from speeding or texting while driving, driving under the influence, and much more.

Duty of care is one element of a negligence claim, in which it is necessary to prove that the law required the defendant to be reasonably careful and the defendant was not, therefore breaching the duty of care and causing injuries to others. The key to determining a breach in the duty of care begins with proving the at-fault driver owed the injured party a duty of care. This means the driver had a legal obligation to act in a manner that would ensure their safety, as well as the safety of others sharing the road. It must be proven that the at-fault driver breached this duty, by operating a vehicle under known conditions that could potentially cause harm to others. It is also necessary to provide evidence that the drivers breach of the duty of care has caused injuries and damages, therefore making them responsible.

Being involved in a car accident can result in numerous injuries, as well as countless damages. Determining a breach in the duty of care is a necessary aspect when proving the negligence of an at-fault driver. If you or your loved have been a victim of an accident and believe you’re entitled to compensation we want to help you. As experienced Broward county personal injury attorneys, our legal team at Darfoor Law Firm can assist you with your case. Give us a call at 1-833-DARFOOR (327-3667) to discuss your case.

Punitive Damages After an Automobile Accident

Punitive damages do not award those injured in automobile accident. In fact, they are unique because of how the award for monetary compensation is handled. In the state of Florida, a punitive case is defined as,“A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.” One of the main principles of punitive damages is mainly used to punish the person responsible for causing an injury or harm. Most of these cases do not award monetary compensation solely for harm or injuries. Instead, punitive damages are rather for punishing the party for their negligent act.

The key to punitive damages cases is being able to prove negligent conduct. In order to be awarded for punitive damages in an automobile accident, a driver must be found intentionally responsible for their actions. For example, being able to prove the defendant is liable for causing the accident by knowingly engaging in reckless behavior, voluntarily intoxicated, or being the cause of a wrongful deaths accident. As a result, victims are entitled to receiving an award for compensation. Compensation is awarded based on the misconduct of the responsible defendant’s behavior that attributed to the cause of damages.

It’s important to understand the benefits of filing a lawsuit for punitive damages. Punitive damages are intended to punish a defendant for causing injuries that resulted from their behavior. Our personal injury lawyers at Darfoor Law Firm have experience in personal injury cases that can help you with your punitive damage claim. Give us a call at 1-833-DARFOOR (327-3667) for a FREE case review if you have been injured as a result of another person’s negligence.

Determining Who is at Fault in a Car Accident

Immediately after a car accident determining who’s at fault is the key to proving negligence. Negligence is failure to use reasonable care, resulting in damage or injury to another. Being able to prove who is at fault will determine the responsible parties obligation. Each case varies depending on the evidence provided at the time of the accident. Some of the evidence provided such as police reports, witness statement, photographs, medical records and citations are all useful information that helps determine who should be held responsible.

Drivers who follow too closely are determined to be at fault in most accidents. One the most common types of accidents is rear-end. According to reports from the National Highway Traffic Safety Administration (NHTSA), out of 6 million car accidents that occur on U.S. roads every year, over 40% of them (2.5 million) are rear-end collisions. A rear-end collision happens when a car hits you directly from behind. Automatically, this type of accident is classified as careless driving.  Due to the drivers negligence, responsibility is always placed on the rear end driver. They are considered the at fault party because of their failure to stop safely.

Another type of accident is left turn accidents. The general left turn law states left turn drivers shall yield to oncoming traffic. Left turn accidents result when cars making a left turn into an intersection of oncoming traffic. The car going straight through the intersection is hit by a car turning left. The driver making the left turn is responsible since they do not have the right of way. Therefore, in most cases the left turn driver acted with negligence and is held responsible for the accident.

Also, another factor used to determine who is at fault in a car accident is called point of impact. Point of impact is determined by the collision claims and vary.  The location of damages will help provide proof in determining who’s at fault. One of the most common point of impact is side impact also known as a t-bone accident. A t-bone accident occurs when the front of a car collides into another vehicle side or  any angle. Most often the main cause of t-bone accidents are due to the negligence of drivers who failed to yield or stopped at a traffic light.

Determining who is at fault may not be easy at the onset of an accident. However, our experienced attorneys at Darfoor Law Firm have handled countless accidents and are skilled at determining fault in car accidents. As an experienced Broward county personal injury attorneys, Darfoor Law Firm will help assist you with your insurance claims, medical bills, and compensation. We are your voice and will fight for you in your personal injury lawsuit. In most cases, the at fault party insurance company is considered liable for the damages caused in a car accident. Call us at 1-833 DARFOOR (327-3667) for a consultation today.

Speeding Accidents on the Florida Roads

Speeding is unlawful and can result in heavy penalties. According to the Florida DMV, approximately 4 million traffic citations were issued due to common moving violations. One million of the violations listed were for speeding. Speeding is one of the key causes attributed to car accidents, resulting in one-third of all motor vehicles fatalities.

National Highway Traffic Safety Administration considers a crash to be speeding-related if the driver was charged with a speeding-related offense or if an officer indicated that racing, driving too fast for conditions, or exceeding the posted speed limit was a contributing factor in the crash. A majority of drivers are likely to drive over rather than stay within the speed limits. Exceeding the posted speed limit is considered an offense. Consequently, speeding increases the driver’s probability of being involved in a fatal crash.

Most drivers can prevent errors by knowing what types of mistakes they are making.  There are ways to reduce the probability of accidents due to speeding. The majority of accidents attributed to speeding are due to over speeding, drunk driving, distracted driving, running stop signs, running red lights, and improper lane change. These distractions can be fatally dangerous to drivers on the roadways.

Being involved in a speeding accident can result in severe injuries requiring serious surgeries and ultimately even fatal. If you have suffered injuries as a victim of a speeding accident, whether you are the driver, passenger, or a pedestrian, Darfoor Law Firm can help you. The speeding driver that’s at fault can be held responsible for their actions. We will help you with your personal injury claim, medical bills, and ultimately to obtain compensation for your damages. If you or a loved one suffered from serious injuries or experienced a death of loved one due to a speeding car accident, attorney Kweku Darfoor can help. Call Darfoor Law Firm office at 754-800-5657 for an initial free consultation regarding your accident.

Intoxicated and Impaired Driving Accident

The state of Florida has laws to protect those victims injured due to drunk driving. While under the influence of alcohol, any operation of a vehicle is considered committing the offense of driving while impaired. An act or consumption of alcohol while operating a vehicle is a crime. The ability to control a vehicle due to errors of judgement are often the results of injuries and death in car accidents.

Intoxication and Impairment are terms used interchangeably when referring to operating a vehicle. These terms are often mixed up in discussion due to the language being implied. However, there is a distinct difference between the two. In the case of driving under the influence(DUI), Intoxication is defined as the condition of having physical or mental control markedly diminished by the effects of alcohol or drug. Whereas, Driving while impaired (DWI), Impaired is defined as unable to function normally or safely (as when operating a motor vehicle) because of intoxication by alcohol or drugs.

According to the National Highway Traffic Safety Administration (NHTSA), 28% Percentage of motor vehicle traffic fatalities are caused by alcohol-impaired driving in the United States in 2016. An increase in one’s alcohol blood level greater than 80 mg/dL or 0.08 is considered intoxication. Due to the levels of context being higher than normal, an intoxicated person is incapable of their actions. The effects may alter their mood, speech, physical health, and tolerance. For example, the person may be a danger to themselves or others, unable to care for themselves, or cause a disturbance to others around. Moreover, an intoxicated individual should certainly not be behind the wheel of any vehicle, truck, or heavy machinery.

You have rights as the victim of a drunk driving accident. Attorney Kweku Darfoor can vigorously represent you and your family by holding the at-fault driver plus any other responsible parties liable for your damages. At Darfoor Law Firm,  our drunk driving accident attorney will evaluate your circumstances in order to get you the just compensation you deserve.  Give us a call at 1-833-DARFOOR for a free consultation to speak with attorney Kweku Darfoor.

Car Accident

Have you been in a car accident where you were injured? Did you know as a result of the negligence of the other driver you can be compensated? In most personal injury cases the person who has suffered injuries relies on the legal concept of “negligence” to establish another person’s fault for the underlying accident. The first step after being involved in a car accident is to immediately seek the appropriate medical attention necessary. Even if you may feel fine that doesn’t mean you have not sustained any serious injuries. Often, injuries may result a few days after being involved in an accident. Some of the most common symptoms are pain, discomfort, dizziness, or numbness. A personal injury lawyer at Darfoor Law Firm can evaluate your claim(s), aggressively seek settlement offers for your claim(s), or proceed with litigation, if necessary.

It’s important to have the necessary and experienced accident injury attorney working for you. At Darfoor Law Firm, we focus on car accident injuries and financial recovery. Our goal is to ensure that you receive the maximum amount of compensation for your injuries and losses. We will fight for your medical bills, any broken bones, or missed significant amount of work due to your injuries. Darfoor Law is dedicated to delivering exceptional client service to our clients. Let the personal injury professional attorney help you by calling Darfoor Law Firm at 754-800- 5657 for a free initial consultation.

Florida’s Big Issue of Distracted Driver Accidents

According to a recent study, Florida ranks second among all states, after Louisiana, for the number of admitted distracted drivers. A whopping 90% of drivers admitted to using a phone while driving in Florida. As many people know, this problem is compounded when accidents occur because many drivers drive around uninsured on Florida roads. If you’ve ever driven down I-95 or I-595 or Florida’s Turnpike, you know these distracted drivers can cause havoc on the roadway so you constantly have to take a defensive driving posture.

The Florida Department of Highway Safety and Motor Vehicles recently reported nearly fifty thousand car accidents involving distracted drivers on Florida roads. You can only imagine the amount of personal injury and wrongful deaths that this caused in Florida. With many drivers believing they are safe drivers even though they admit to using a phone while driving, it seems certain that the number of personal injury and wrongful deaths will not be decreasing in the near future. Many people don’t even realize how often they read a text, check social media, or respond to quick email while their car is moving. Anytime you do one of these actions, you inevitably take your eyes off the road. A mere second or two of taking your eyes off the road can cause a catastrophic accident; with the rate of speed cars travel they can cover hundreds of feet in seconds.

Unfortunately, Florida law does not allow for issuance of traffic tickets for people that text while driving. Florida is only one of four states that doesn’t make this a primary traffic offense. To combat the dangers of this practice, it’s essential to educate ourselves, especially newer and less experienced drivers, about the dangers of texting while driving.