West Palm Beach Legal Blog

Representation after a traumatic brain injury

A previous post on this blog talked about how easy it is for a victim of a West Palm Beach car accident to suffer a traumatic brain injury, or TBI.

The thought of a brain injury may conjure up images of a person being in a coma or experiencing permanent intellectual disabilities or stroke-like symptoms. These are unfortunately real possibilities after a brain injury. However, as that previous post discussed, even more minor brain injuries can still have a permanent impact on the quality of a victim's life.

When a car wreck results in a brain injury

As a Florida driver, you know that traffic keeps getting worse and other drivers seem to be getting more aggressive and/or more distracted. This deadly combination makes it likely that sooner or later, one of these negligent drivers will hit your vehicle. When that happens, the results could be catastrophic, especially if you receive a traumatic brain injury as a result of the accident.

By definition, a traumatic brain injury is a blow to your head that injures your brain to such an extent that it becomes dysfunctional. Per the Centers for Disease Control and Prevention, over 286,000 people receive such an injury each year due to car crashes. Crash-related TBIs usually happen in one of the three following ways:

  1. You hit your head on something inside your car, such as your windshield, steering wheel, etc.
  2. Something penetrates your skull, such as flying debris or glass.
  3. The impact gives you a whiplash injury whereby your head and neck jerk sharply forward and backward, causing your brain to violently hit the inside of your skull.

Florida suffers from high rate of fatal vehicle accidents

According to recent statistics, Florida does not fare well when it comes to protecting people's lives on the roads. Overall, Florida ranks right in the middle of the states when it comes to premature deaths, which is defined as dying before the age of 75.

However, when it comes to fatal motor vehicle accidents, Florida experienced over 15 deaths on the road for every 100,000 residents. While the good news is that an average Floridian is most likely not going to die in a car accident, comparatively, Florida ranks 13th in the country when it comes to fatal accidents.

Can you still get PI compensation if you messed up?

Some people decline to pursue personal injury claims because they mistakenly believe that, because they had a degree of fault in the accident, the law does not entitle them to anything. However, Florida is a state that practices comparative fault. You can often still recover compensation even if you bore some of the fault for an accident.

The concept of comparative fault is designed to account for the reality of most accidents. It is only the rare accident that is entirely black and white. For instance, a person jaywalking in a residential area with a 25 mph speed limit in broad daylight is unlikely to be hit by a driver who is not being reckless. If a provably intoxicated driver is texting, speeding excessively, and hits the jaywalker, it would hardly be fair to deny the pedestrian any compensation because he or she was crossing illegally.

More than 500 Floridians died in motorcycle accidents in 2017

According to a recent report, 504 motorcyclists across Florida died in fatal motorcycle accidents in 2017. This number, which is preliminary, is significantly lower than the 574 motorcycle fatalities that were reported in Florida in 2016.

If the 504 figure holds, it will be an over 12 percent decline in the number of fatalities between 2016 and 2017, which is promising news. Across the country, the number of motorcycle fatalities declined by just over 5.5 percent. Still, 500 deaths on Florida's roads is 500 deaths too many.

How can you prevent an electrical shock drowning this summer?

People are on the water many months out of the year in Florida, and this summer will be no exception. The beautiful beaches and marinas throughout the Sunshine State provide many opportunities for recreation and sport, but they can also be the source of an unexpected danger you may not know about – electric shock in the water.

The Electric Shock Drowning Prevention Association calls electrified water an invisible drowning risk. Most people are unaware this type of risk exists, and it is impossible to tell if the water surrounding a boat or marina is electrified until you jump in or make contact with a metal surface that is touching the electrified water. In fact, some people who mysteriously drown in marinas, despite being able to swim, may have been electrocuted in the water with nobody knowing the true cause.

Truck jackknifes should be preventable

As is the case with other parts of the country, West Palm Beach has lots of large trucks coming and going on its highways and other roads. While these vehicles and their drivers are doing the important work of hauling the products and other goods that the local economy needs to keep churning, large trucks also present risks to the other vehicles with which they share the road.

While of course truck drivers need to work hard to avoid any type of collision with another vehicle, one particularly scary type of truck crash is a jackknife. A jackknife entails a truck's cab going in one direction while the trailer swings off in another direction, often sweeping other cars off the road in the process.

How do you handle suing someone you know?

One reason that some people are hesitant to sue after a car accident or personal injury is that they know the other party. For example, in car collisions, maybe the other driver was a colleague or a relative. The same idea applies in other personal injury cases. It may seem very wrong to sue your beloved cousin after you slipped and fell on her property.

However, your medical bills are mounting, and your injuries are serious. You do not see another way out of it. How do you handle having to sue someone you care about?

3 costly mistakes you should avoid after a car crash

No one is ever prepared for a car accident. Crashes generally lead to anger and confusion, as well as physical and financial harm. Even if you have had the misfortune of suffering through a car wreck before, the process is disorienting and overwhelming.

If you are not careful, you may make costly errors after your crash that prevent you from getting the damages you deserve. Here are the top three blunders you want to avoid after getting into an auto collision:

West Palm Beach crash kills one, seriously injuries another

A serious car accident in the West Palm Beach area left one man died and another person hospitalized with serious injuries. The accident involved four vehicles, but the drivers of the other two vehicles were thankfully not hurt seriously.

According to police, the driver who died at the scene approached an intersection driving too fast, all the reason for his speeding was not known. Family members say that the man suffered from seizures and was not medically fit to be driving.

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