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Is the Trailing Driver Always at Fault in Rear-end Collisions?

Posted on Friday, December 19, 2014
Auto Accident Injuries, Blog

Out of all the different types of accidents, rear-end collisions can cause a person to feel the most helpless. There’s nothing like looking in your rearview mirror and seeing a car barreling up behind you with no sign of stopping. The good news is, there are a few ways to lower your chance of suffering from these common collisions.

The cause of most rear-end collisions is a tailing driver that isn’t paying attention. If you’re the leading driver, one way to avoid the crash is to get the other absent minded driver’s attention in time. It might feel unnatural to honk the horn to stop someone behind you, but it can work wonders. The noise will draw the attention of those around you, forcing them to look for the source of the sound. The driver behind you will most likely take similar notice. It would be ideal if they could stop in time, but even slowing down a few miles per hour could make a drastic difference.

Another major cause of rear-end collisions is sudden stops from the car in front. This often happens when the leading driver jams on the brakes at the last minute to make a turn they were about to miss. Try to make a mental note of areas where such behavior is common. Always keep a safe distance when following a car, but in these areas remember to be extra alert and leave a little more distance.

Sometimes you just can’t avoid a rear-end collision. Brake failure, for example, deprives the trailing car of any ability to stop. While good maintenance will reduce this risk, surprises can still happen. If you find yourself driving a car with no brakes, do your best to slow down by other means. Downshifting is a great way to ensure that you aren’t going at full speed if a collision happens.

Legal Status in Rear-end Collisions

Many people believe that in a rear-end collision, the trailing driver is always at fault. In reality, this isn’t always true. Florida law allows rebuttal of this presumption of fault under certain circumstances. When those circumstances exist, the trailing driver can indeed sue the leading driver. The Insurance Journal explains that presumption of fault is used when there is no evidence to show that the leading driver did anything wrong. If evidence does exist, then rear-end collisions should be adjudicated like other types of car accident cases.

If you have rear-ended another car from behind, don’t assume that you will have to pay. Under certain circumstances, you may end up getting compensation. To get proper advice for your situation and learn your legal standing, just contact DDB Law.

Cell Phones Cause One in Four Accidents

Posted on Friday, December 12, 2014
Auto Accident Injuries, Blog

Cell phone use is the culprit behind one in four car crashes, which is up from the previous year, according to the National Safety Council (NSC). In their 2014 edition of Injury Facts, the safety advocate reveals that texting figured in five percent of crashes while 21 percent involved use of hand-held or hands-free devices.

In an attempt to stem this accident rate, Florida banned the use of texting while driving in 2013. Unfortunately, this law is subject to secondary enforcement, which studies have shown to be ineffective. Drivers can only be cited for texting if they are pulled over for a primary offense, such as speeding. The state does not ban talking on any kind of a phone.

If you’re thinking that using a hands-free cell phone while driving is safe, the NSC begs to differ. Any kind of conversation distracts your brain, whether or not you’re actually holding the phone. When you talk on a device, you shift your focus from the road, which increases your risk of a car crash. The same goes for voice-to-text, which according to a study by Texas A&M, took even more time to complete compared to manual texting. Between the two text methods there was almost no change in driver performance, with both forms of texting adversely affecting concentration equally.

The best way to avoid an incident is to turn off your phone when you drive. Better yet, to avoid any temptation, keep the phone in an area that is not easily accessible. Unfortunately, despite your best efforts to follow the law and observe safety precautions, you can still suffer a car crash from another cell phone user. You can’t control what the other person is doing with their device, so if that happens, give us a call. As your personal injury lawyers, we’ll fight for your rights.

Determining Fault in an Auto Accident Isn’t Easy

Posted on Friday, November 7, 2014
Auto Accident Injuries, Blog

Determining who’s to blame when an accident occurs isn’t always as simple as it would seem. An experienced personal injury lawyer knows to dig deep into all the facts surrounding a case, a crucial step in uncovering new insight and determining all causes of blame.

Earlier this year, there was a rollover accident involving two SUVs on I-4. According to a report of the accident from The Ledger, a Chevrolet Trailblazer being driven by a 25-year-old male suffered a tire blowout on the outside lane of the interstate, which caused the driver to lose control. The vehicle struck a Dodge Journey in the center lane, driven by a 32-year-old female. Both vehicles flipped and both drivers were transported to the hospital and treated for their injuries.

The Florida Highway Patrol was intending to charge the male driver for driving with a suspended license. However, the suspended license doesn’t determine who was to blame for the accident. The owner of the vehicle, in which the tire blew out, could have improperly maintained the vehicle, meaning that he would be to blame for the crash. However, the possibility exists that the tire itself was defective, in which case the blame for the crash could fall on the tire or auto manufacturer.

Determining the blame for the crash is the crucial first step in the process of seeking compensation for personal injuries. For twenty years, DDB Law has been handling auto accident cases and is quite experienced and comfortable with looking at the whole accident and all the possible factors leading up to it. In addition to cases involving defective tires, we’ve handled auto defect cases involving brakes, seatbelts, and airbags.

For a free evaluation of your case, contact us today.

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