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Boca car accident injury attorney Archives | Osborne & Francis

Reasons the Other Driver's Insurer Won't Pay

Reasons the Other Driver’s Insurer Won’t Pay

By | Auto Accident, bicycle accidents, Car Accidents, Driver's Insurer | No Comments

You are driving at a legal speed, obeying traffic laws and signals, when another vehicle crashes into yours. The accident is clearly the other driver’s fault, so you would assume that his insurance company would pay for your medical and car repair expenses. However, that isn’t always the case. Car accident cases can be much more complicated than you would think, and there are times that insurance companies refuse to pay. That is why it is always in your best interest to consult an accident attorney immediately following any car wreck like the law office https://realtoughlawyers.com/

Instances When an Insurer May Refuse to Pay

Even though the fault of your car accident may seem obvious, there are still some circumstances in which the other driver’s insurer may refuse to pay for your expenses. The following are five such instances:

 The Other Driver Had a Sudden Medical Event

It isn’t as uncommon as you may think for at-fault drivers to use the defense that they had a sudden, incapacitating medical event that caused them to lose control of their vehicle resulting in an accident. It is true that a driver may not be held liable if he or she had a sudden emergency – like a stroke or heart attack – provided that there wasn’t enough of a warning to safely exit traffic. However, the driver could be found negligent, and therefore liable, if it’s determined that he or she should not have been driving with the medical condition, or that he or she neglected to take care of the medical condition prior to driving.

 The Other Driver Hits Your Car After Being Involved in a Hit-and-Run

Consider this scenario: there is a truck that is hauling furniture that loses a couch off the back of the vehicle. This causes the car next to you to swerve and crash into your car. The furniture truck is oblivious (or not) and keeps going with no one obtaining the license plate number.

Your damages for this type of accident may require that you utilize your own uninsured motorist coverage. However, there may also be times that you have a legitimate claim against the driver of the other car. It’s hard to know without the assistance of an experienced car accident attorney.

A First Responder Hits Your Car on the Way to An Emergency Call

When a fire truck, ambulance, police car, or other first responder is racing to an emergency and hits your vehicle, it can be tough to prove negligence. In fact, it is usually a case where gross negligence has to be proven on the driver’s part, not just negligence – especially if the emergency vehicle had lights and sirens going. Anytime you file a claim against a government entity, there are a lot of hoops to jump through, and the standard for proving liability in these types of cases is much higher than that of a regular car accident.

Another Driver Hits a Deer, Loses Control and Hits Your Car

There are some instances where a car accident it truly that – an accident where no one is at fault. This may be the case when an animal suddenly jumps out in front of a car causing it to crash into another vehicle. However, there are also times when such an event occurs and there is some fault on the part of the other driver. For example, if the other driver hit the deer because he was speeding and unable to brake fast enough causing a crash with your car, then he may be held liable for your damages.

You Are Hit by a Thief Driving a Stolen Vehicle

While this may seem like a fairly unlikely possibility, it does happen. Because insurance policies cover the car owner and other licensed drivers who have permission to drive the vehicle, and there is no consent when a car thief takes the car, the car owner’s insurance company will refuse to pay your damages. However, there are cases where the car owner could be held partially at fault. For example, if he left the keys in the car with the engine running, he could be found partially to blame.

Seek Help from An Experienced Attorney

The above types of accidents are complicated, and they require representation from an experienced car accident attorney to resolve favorably. If you or a loved one has been involved in any car accident, contact Boca Raton personal injury lawyer Joe Osborne at (561) 296-2600 or complete the online contact form to discuss your case and determine how to proceed.

 

Car Accident Lawyer Joe Osborne

Drivers Must Take Adverse Weather Conditions into Account Says Boca Car Accident Lawyer Joe Osborne

By | Car Accidents, Personal Injury | No Comments

The end of summer and beginning of fall are prime time for hurricanes in Florida. With wind and rain, flooding, and hazardous road conditions, it’s sometimes best to stay off of the roadways completely. Of course, that isn’t always possible. But, when drivers must be on the road when adverse weather conditions exist, it’s important to take those conditions into account says Boca car accident lawyer Joe Osborne.

Florida roadways can be very dangerous during and following adverse weather conditions. When drivers operate their vehicles at highway speed limits while it is still windy and wet, it is easy to lose control of their cars, hydroplane, and crash into other vehicles. In fact, most adverse weather accidents happen when drivers are in a hurry and they don’t drive in a manner that is reasonable based on the road conditions, and they fail to use good common sense.

When someone is injured in a car accident that occurs during bad weather and another driver’s negligence contributed to the wreck, they may be entitled to receive damages per Florida law.

What Are Common Causes of Adverse Weather Accidents?

When bad weather is paired with negligent or reckless driving, it creates the perfect environment for serious accidents. Some of the common causes of adverse weather accidents in Florida are:

 Distracted driving

  Driving at speeds too high for the weather conditions

  Hydroplaning

  Operating a vehicle with low, defective, or balding tires

  Speeding in low lying areas where water has puddled

  Negligent or inattentive driving

When you are driving in bad weather, it is imperative that you pay attention and drive cautiously, obeying all traffic signs. However, sometimes no matter how carefully you drive, accidents will still happen in adverse weather conditions.

When Others Drive Negligently in Adverse Weather Conditions

Unfortunately, you may find yourself in a position where someone else’s negligence during bad weather causes you to be involved in an accident on the roadway. If that happens, and you are injured, in order to recover damages for your injuries and property damage, you will have to prove that the other driver was negligent. More specifically, you will have to prove that the other driver breached his or her duty to act reasonably under the circumstances and that his or her breach of that duty resulted in your injuries and damages.

Further, to prove damages in an adverse weather car accident, you have to show causation – that the accident caused your injuries or exacerbated a preexisting condition that you had. If you are able to prove that, you may be able to recover damages for the following:

     All accident-related medical expenses

    Compensation for lost wages for missing work due to injuries

    Pain and suffering

    Mental anguish and emotional distress

    Loss of earning capacity if there is a permanent disability

    Compensation for permanent damages and injuries

    Compensation for loss of enjoyment of life

   Compensation for loss of consortium

  Wrongful death (when the accident resulted in a death)

An Experienced Car Accident Attorney Can Help

If you or a loved one has been injured in an adverse weather car accident, you may be able to recover monetary compensation for your injuries and property damages. Vehicle accident cases often require both legal and medical expertise in order to have positive outcomes. It’s important that you contact an experienced attorney to help you with your case.

Call Boca car accident lawyer Joe Osborne at (561) 293-2600 or complete the online contact form to discuss your case and how best to proceed.

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Car Color Impacts Risk of an Accident Says Boca Car Accident Lawyer Joe Osborne

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Drivers in cars whose colors stand out against the background may have a lower risk of an accident says Boca car accident lawyer Joe Osborne.

Many cyclists, motorcyclists and construction workers on the nation’s roads wear bright, lime green jackets or shirts. Why? It makes them more visible and reduces the chances a driver may not notice them and collide into them. An Australian study shows that if the color of a vehicle makes it more difficult to see the chances of an accident increases. Boca car accident lawyer Joe Osborne says being more or less visible may be the difference between an accident and a near miss.

Black cars are up to 47% more likely to be involved in vehicle accidents, according to researchers at Australia’s Monash University reports the Daily Mail. They looked at police data covering 850,000 accidents over twenty years which covered the cars involved, when the accidents happened and the type of accident. Commercial vehicles, taxis and white vans were excluded from the study which was published in the journal Safety Science in 2010.

White, gold and yellow vehicles were found to be the safest. Black, grey, silver, red and blue colors were found to be less safe because they don’t stand out as much against the background of the road, scenery and other traffic. Researchers tried to take into account some drivers may be more likely to take risks and prefer driving cars of a certain color.

Black cars, during the daytime, were up to 12% more likely to be involved in an accident than white vehicles. At dawn and dusk black cars had a 47% greater risk of a collision. Results suggested orange cars may be the safest, but the data wasn’t conclusive.

If everyone started buying white and orange cars their safety advantage may disappear, researchers claim. If a car owner switched from a black car, he or she might be safer but if the majority of vehicles became white and orange there would be less contrast and accidents involving them would increase. Researcher found that although vehicle color could impact crash risk, bad driver habits like speeding and drunk driving have a far greater impact.

In 2013, white was the world’s most popular car color, followed by black, silver and gray, according to reports from PPG Industries and Axalta Coating Systems, reports Edmunds. White was the most popular car color in North America since 2006 and its popularity has spread around the world. Jim Parker, head of exterior color and trim for the Chrysler Group, is quoted as saying color choice normally boils down to one of two things, “It’s either what they feel about themselves or what they think they would like to feel about themselves.” Whether or not white or orange is your style, if safety is a priority you may want to consider colors that stand out.

If you or a loved one has been injured in a car accident , contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

The Most Dangerous Highways are in FL Says Boca Car Accident Lawyer Joe Osborne

By | Car Accidents | No Comments

Two Florida highways are the most dangerous in the country according to federal statistics says Boca car accident lawyer Joe Osborne.

You may drive on at least one of them frequently and according to the Auto Insurance Center, sponsored by a group of insurance companies, they are the most dangerous in the country: I-95 and I-10. I-95’s southern end starts in Miami and ends on the Canadian border in Maine while I-10 starts in Jacksonville and goes all the way to Santa Monica, California. They stretch across the country, says Boca car accident lawyer Joe Osborne, but locally they can be very dangerous.

The Auto Insurance Center (AIC) looked at the National Highway Traffic Safety Administration (NHTSA) statistics and found that in 2014 I-10 was the scene of 278 deaths and I-95 was where 204 people died.

  • Florida’s 382-mile stretch of I-95 was the most dangerous road in the country, with the worst rate of fatal accidents, from 2004 to 2008 according to NHTSA reports the Sun Sentinel. Aggressive and distracted drivers along with heavy traffic congestion may have been to blame.
  • One of the problems with I-10 is that there are long stretches without barriers between those going in opposite directions. If a driver loses control of a vehicle and heads toward those coming the other way there’s nothing to prevent it.

Florida is not listed as one of the most dangerous or safest five states when it comes to fatal traffic accidents. Wyoming is listed as the worst with 25.7 traffic deaths per 100,000 population and New Jersey is the best at 6.2.

The AIC also has a number of other facts,

  • Motor vehicle crashes killed 32,675 people in the U.S. in 2014, which averages out to a fatality about every 16 minutes.
  • Driving while impaired by alcohol was a factor in at least 31% of the fatal crashes. The most frequent blood alcohol level was .22%, about 2.5 times higher than the legal limit in most states. Young drivers have the highest risk of being involved in an alcohol related fatality. For those people involved in fatal accidents in 2014, 30% of drivers with blood alcohol content levels of 0.08% or above were 21 to 24 years old.
  • More than 1,900 (or 6%) of traffic deaths involved drug use. When lab tests were done on drivers killed in accidents marijuana was present in 900 fatal vehicle crashes, almost half of the total. Other drugs found included cocaine (a factor in 241 fatalities), amphetamines (224 fatalities) and methamphetamine (212 fatalities).
  • Based on five years’ worth of data the most dangerous days of the year to drive are July 4, January 1, September 18, August 4 and August 27. Traffic accident deaths on those days are about five times the average.
  • The most dangerous time of day to drive is during the afternoon rush hour, between 5:00 and 6:00. Despite this the most dangerous day of the week happens when most of us don’t work, Saturday, with 5,317 deaths, followed by Friday with 4,658.
  • July and August are the most dangerous months each with more than 2,700 deaths. The month with the least fatalities is February with 1,917.

If you or a loved one have been injured or killed in a car accident on Florida’s highway system, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

Opioid Use Causing More Fatal Crashes Says Boca Car Accident Lawyer Joe Osborne

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Many opioid users are too impaired to drive safely and are endangering themselves and others when they’re on the road says Boca car accident lawyer Joe Osborne.

Use of legal and illegal narcotics and opioid use has risen dramatically. Given this increase in use it should come as no surprise that drivers impaired by opioid use are causing more fatal traffic accidents says Boca car accident lawyer Joe Osborne.

Gov. Scott declared opioid use a public health emergency in May, reports NBC News.

  • Use of heroin, fentanyl and oxycodone caused the deaths of 3,896 Floridians in 2015, according to Florida Department of Law Enforcement statistics.
  • Palm Beach County morgues were filled to capacity with 525 fatal opioid overdoses last year.
  • Use of heroin combined with fentanyl or carfentanil caused 220 deaths in Miami-Dade County in 2016 and 90% of Broward County’s fatal drug overdoses involved heroin, fentanyl or other opioids.

About 92 million adults in the U.S. used prescription opioids in 2015 according to a study published in the Annals of Internal Medicine in August, reports USA Today.

  • Ninety-two million people is about the same as the population of Florida, New York, California and Illinois combined.
  • An estimated 12 million people (or about the same number as 60% of Florida’s population) misused prescription opioids by using them without a prescription, taking them more often than prescribed or for reasons other than what was intended by their physicians.
  • About two million Americans have an opioid use disorder. That’s defined as being unable to control or reduce opioid use, having social problems or being unable to fulfill family, work or school obligations because of opioid use.

For some opioid users it’s not the drug that’s the direct cause of their deaths, it’s the fatal injuries they suffer in vehicle accidents when they drive while impaired. Columbia University researchers reviewed drug testing results for 36,729 drivers in six states who died within an hour of being in a vehicle accident.

The percentage of drivers with prescription opioids found in their systems when they died increased from 1.0% in 1995 to 7.2% in 2015, according to a study published in July in the American Journal of Public Health.

  • The most common opioids were oxycodone, morphine and codeine.
  • Close to 70% of drivers testing positive for prescription opioids also tested positive for other drugs and 30% showed signs they were also drinking alcohol.

No matter what impairs a driver, whether that’s drug or alcohol use or fatigue, that driver is a hazard to him or herself and everyone else on the road. Driving while impaired increases the chances of an accident because drivers aren’t fully aware of what’s going on and their ability to make safe decisions decreases.

If you or a loved one has been injured in a car accident caused by a driver impaired by drug use, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

Merge Onto the Highway With Caution Urges Boca Car Accident Lawyer Joe Osborne

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Merge with care onto a highway to avoid a potentially serious accident says Boca car accident lawyer Joe Osborne.

It’s one of the most dangerous times on the highway. Someone is coming onto the highway from an on ramp but there are vehicles in the far right lane. Someone has to give or there will be a car accident. Boca car accident lawyer Joe Osborne says both those on the highway and those getting on it need to follow the laws, be courteous and be safe.

Lane changing and merging collisions were about 4% of all police-reported collisions in 1991 and were about 0.5% of all vehicle accident fatalities that year, according to a study by researchers from the Rutgers Department of Civil and Environmental Engineering. National Highway Traffic Safety Administration statistics show that 19,000 accidents happened when vehicles merged onto highways that year.

A merging vehicle must change lanes on a limited stretch of roadway while traveling close to or at highway speed. The driver must time the merge correctly so it can resolve an unsafe conflict with oncoming vehicles or there will be a collision.

Technically speaking Florida law doesn’t state which vehicle has the right of way though it states when one vehicle needs to yield to another. Those entering a highway from a secondary road need to yield to vehicles in the travel lanes.

Here are some suggestions on safe merging from AARP,

  • Prepare for merging while traveling on the on ramp. As you approach the highway look around you, in front of you (someone may be traveling at a slow speed or stopped in front of you), behind and to your right.
  • Do your best to check your blind spots to make sure you won’t be cutting someone off or colliding into them.
  • Be wary of motorcycles and take extra caution at night and in bad weather.
  • Use your turn signal to remind other drivers you want to get onto the highway.
  • Identify a safe gap that you can merge into.
  • Speed up to match the speeds of the other vehicles.
  • Don’t stop before merging unless it’s absolutely necessary.
  • Yield to highway traffic and move over when it’s safe to do so.
  • If you need to cross several highway lanes do so one at a time while using your turn signal.
  • Be aware of the length of the merge lane which can vary greatly.

Once you’re on the highway try to be courteous to drivers entering the highway by moving over if it’s safe to do so. This will make it easier for the other driver and reduce the risk of a collision with you.

If you or a loved one have been injured in a car accident on the highway, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

Drivers Backing Up Need to Use Caution Says Boca Car Accident Lawyer Joe Osborne

By | Car Accidents, Pedestrian Accidents | No Comments

A driver going in reverse can be responsible for injuries or deaths caused by an accident if negligence can be shown says Boca car accident lawyer Joe Osborne.

A vehicle going in reverse is potentially very dangerous because it may cause an accident with another vehicle or strike a pedestrian. Vehicles are built to go forward and visibility out the back may not be good and passengers or cargo may block the view. We also go into reverse in potentially dangerous situations: crowded parking lots and out of driveways (possibly crossing sidewalks) into streets. No matter which direction a vehicle is moving the driver has a responsibility to drive safely says Boca car accident lawyer Joe Osborne.

A study by the National Highway Traffic Safety Administration estimates that between 2002 and 2006 there were 48,000 injuries nationwide due to accidents involving all types of vehicles backing up on public roads and private property such as driveways and parking lots. These accidents also caused an estimated 463 deaths.

There are all too many instances of serious injuries and deaths involving vehicles going in reverse.

  • A two year old boy was killed in July after he was struck by an SUV driven by his grandmother who was backing out of a driveway in Fontana, California, reports the Los Angeles Times. A police officer at the scene told the Times, “It’s one of the worst calls you can go to.” Police report the child went behind the vehicle without anyone seeing him. A neighbor who works as a nurse tried to use CPR to revive the child but he was pronounced dead at the scene.
  • Another two year old boy was killed in June in Jacksonville after being struck by a vehicle backing up, driven by his mother, according to WJXT, in an apartment complex parking lot. He survived the collision but died hours later at a hospital. The boy’s mother was visiting his grandmother and asked her to watch her two small children while she went to the store. The two year old left the apartment without his grandmother realizing it and was behind the vehicle when his mother backed out of a parking spot.
  • A Virginia volunteer firefighter was killed when he was struck by a firetruck going in reverse at the scene of a vehicle accident in May, reports WSLS.
  • The Florida Highway Patrol stated that a 59 year old Panama City resident and Bay County Road and Bridges worker was killed in a worksite accident in Fountain in February. He was part of a work crew doing street maintenance when he was struck and killed by a dump truck that was backing up, according to WJHG. The worker was taken to a local hospital where he died.

Under Florida statute, “The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.” Violation of the law is considered a moving violation and you may be ticketed if law enforcement finds you were going in reverse in a dangerous manner. In a personal injury case if the driver is cited for violating this law it can be used as evidence of negligence and can greatly help the case.

If you or a loved one have been injured in a car accident or as a pedestrian by a vehicle going in reverse, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

Xanax Use Endangers Motorists Warns Boca Car Accident Lawyer Joe Osborne

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Xanax, used to help patients sleep, can impair drivers and cause accidents resulting in serious injuries and deaths says Boca car accident lawyer Joe Osborne.

Do you think a prescription drug can’t harm you? If so you should think again. One common prescription drug that can lead to addiction is Xanax (or alprazolam), which by itself, or in combination with other drugs and/or alcohol, can impair a driver’s abilities to the point where he or she is too dangerous to safely drive. Boca car accident lawyer Joe Osborne represents those injured by drivers impaired by Xanax and other drugs.

Xanax is a central nervous system depressant, according to the National Institute on Drug Abuse, which states these types of drugs are normally prescribed for anxiety, acute stress reactions and panic attacks. Xanax is considered one of the more sedating drugs of the class of drugs known as benzodiazepines. It’s often prescribed for short-term treatment of sleep problems. Benzodiazepines are not normally prescribed for long term use because patients run a high risk of developing dependence or addiction.

Side effects of the drug can include drowsiness, dizziness, mental or mood changes (such as hallucinations and suicidal thoughts), slurred speech or difficulty talking, loss of coordination, trouble walking and memory problems, reports WebMD.

It’s not clear how common drugged driving has become because unlike alcohol use, there’s no simple, accurate, quick test to determine the level of drugs in a driver’s system. The state highway patrol and the Palm Beach County State Attorney’s office arrest records don’t separate drivers accused of being impaired by alcohol and drugs, they’re both considered driving under the influence (DUI), according to the Sun Sentinel.

Florida keeps statistics on accidents where drugs are believed to play a role. They were suspected in almost two thousand accidents across Florida in 2015 but drug use was confirmed in only 557 cases. That year there were 16,400 crashes where alcohol use was suspected with 5,522 cases where that use was confirmed.

In 2014, according to the National Highway Traffic Safety Administration, 21% of the 32,166 fatal vehicle accidents in the country involved a driver who tested positive for at least one drug. That’s a sharp increase from the 12% of the 39,252 fatal accidents in 2004.

At least one driver involved in a fatal, Florida accident claims it wasn’t so much the Xanax use that impaired her driving, it was the withdrawal symptoms she was suffering while trying to stop taking it, reports the Miami Herald. April Thomason faces a murder charge after a 2015 vehicle accident killed a pedestrian in Key West. In May Thomason plead that she was innocent on the grounds of insanity caused by use of and withdrawal from Benadryl and Xanax.

She claims she was suffering from Severe Anxiolytic Withdrawal Syndrome at the time which caused her to be psychotic and delusional and unable to appreciate the wrongfulness of her actions, including running over the victim. Thomason told police she had been awake for five days and was taking Benadryl and Xanax but trying to stop taking the Xanax.

While alcohol impaired drivers are more common, those impaired by drugs, both legal and illegal, are no less dangerous. If you or a loved one have been injured in a car accident caused by a driver impaired by drug use, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

RV’s Fun for Owners, Dangerous to Others: Boca Car Accident Lawyer Joe Osborne

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RV’s allow families to enjoy the great outdoors but if not driven properly they pose a danger to other motorists says Boca car accident lawyer Joe Osborne.

Recreational vehicles (RV’s), after suffering major losses in sales after the 2008 recession, are selling again, many to those who’ve never driven them before. These large vehicles, either driven or towed, may be controlled by those behind the wheel for many hours. Florida residents should be on the lookout for RV’s warns Boca car accident lawyer Joe Osborne.

“This market is back on fire,” Gigi Stetler, of South Florida’s RV Sales of Broward, told the New York Post last year. She said many of her customers stopped RV’ing with their parents as teens but now are in the market buying them. Gen Xers, or those 35 to 55 years old, now own more RV’s than Baby Boomers with millennials becoming more frequent buyers. A record 396,400 RV’s were bought last year (more than double the number purchased in 2009). In 2015 $16 billion in new RV’s were bought.

Though this may be great news for RV dealers, vacationing families and the many businesses that rely on them in Florida this may not be great news for motorists. RV’s are often driven long distances by those who may be anxious to finally get to their vacation destination, distracted by GPS directing them to unfamiliar locations on busy roads and highways.

  • Two people died in an RV crash in Utah on Interstate 84 in May. Idaho State Police reported a Winnebago motor home towing another vehicle went off the left shoulder, over corrected, overturned and stopped on the right shoulder when it caught fire. The driver and the passenger were killed in the accident, according to KMVT.
  • A multiple vehicle crash that injured one on Interstate 57 south of Marion, Illinois, occurred when a motorhome and a SUV heading southbound collided in April. The two approached a work zone and while the SUV slowed down the motorhome behind it did not, reports WSIL. It rear-ended the SUV, injuring the driver.
  • One person was killed and five others injured after a collision involving a motorhome that cut off a pickup truck in California in April at the intersection of Highway 46 and Highway 41. The California Highway Patrol reported the motorhome made a sharp turn from Highway 46 onto Highway 41 into the path of the pickup. Two people were ejected from the motorhome, one was pronounced dead at the scene and the other was taken from the scene by a helicopter to a local hospital, according to KSBY.

There are many reasons an RV may crash and many potential dangers when you drive near or around an RV.

  • The driver may have been driving a long distance, fatigued, distracted and unfamiliar with the area.
  • A camper or motorhome may have a high center of gravity, not handle well and may easily overturn if the driver makes a sharp turn or suddenly brakes.
  • High winds affect how an RV drives and can make it more difficult for a driver towing a camper trailer.
  • The driver may be inexperienced and rarely drive the vehicle or tow the trailer so may not fully understand how to safely drive it, especially in bad driving conditions.
  • Campers and motorhomes not driven often may be not maintained incorrectly and worn tires or those improperly inflated may blow resulting in a loss of control.

If you or a loved one have been injured in a car accident involved an RV, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

Hot Weather & Bad Drivers No Coincidence: Boca Car Accident Lawyer Joe Osborne

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High heat brings out the worst in us, including tired, distracted drivers riding on older tires ready to blow says Boca car accident lawyer Joe Osborne.

Higher temperatures decrease mental and physical performance so it should be no surprise our driving abilities hit a low when we hit year round temperature highs in Southern Florida. With hot temperatures tire failures are also more likely and can cause additional accidents. Boca car accident lawyer Joe Osborne says when August temperatures get super steamy be super careful when driving.

Though rain, snow, fog, wind, hail and ice are often discussed as risks to safe driving, the impact of heat on increasing the chances of an accident get less attention. Though higher temps are long known to cut our ability to perform physically and mentally a 2013 study in the journal Environmental Health Perspectives looked at the relationship between high temperatures and traffic accident fatalities and injuries in the Catalonia section of Spain.

  • Researches stated there were a total of 118,489 vehicle crashes causing injuries or deaths that occurred between May 15 and October 15 each year from 2000 to 2011, an average of 64.1 crashes per day.
  • The chances of vehicle accidents significantly increased, by 2.9%, during heat waves and the connection was stronger when only accidents where driver performance issues were the problem, increasing the risk by 7.7%.
  • The risk injury causing fatal vehicle accidents increased by 1.1% for each 1°C increase in maximum temperature.
  • Overall the chances of a serious accident sharply increased during heat waves, especially when distractions, driver error, fatigue or sleepiness were to blame for the collisions.
  • While other issues are a far greater threat (drivers have a 300% greater risk of an accident if they’re using a cell phone and driving) heat related driver performance problems still add up to a large number of accidents over the years.

In addition to the sleepy, distracted drivers behind the wheel on hotter days the roadway and tires can be safety problems too. Worn, older, improperly inflated tires travelling at highway speeds on hot pavement baking in the Florida sun for hours can literally explode because the tire weakens over time and use and pressure built up inside them. If a driver is negligent in the care of his or her tires and a blowout causes an accident which results in injuries or deaths, that driver may be held accountable for his or her carelessness.

Tire failures resulting from aging are more common in the summer, during daylight and while the vehicle is operating at highway speeds, according to a 2014 National Highway Traffic Safety Administration report, reports the Palm Beach Post. All tires breakdown with age and heat speeds up the aging process.

The American Automobile Association (AAA) suggests drivers should perform a number of vehicle checks when the weather heats up, including tires.

  • They should be looked at when the vehicle hasn’t been driven for a while and be inflated to the air pressure recommended by the vehicle manufacturer (not the pressure figure on the tire sidewall).
  • The manufacturer’s recommendations are normally found in the owner’s manual or on a tire information sticker on the driver’s door jamb.
  • Tire treads should be looked at for adequate depth and signs of uneven wear and sidewalls with cracks or bulges are signs of trouble.

If you or a loved one have been injured in a car accident caused by a distracted or fatigued driver in the heat of the summer or it’s the result of a tire blowout, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.