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Miami Florida Law Blog

Simple driving mistakes that can cause accidents

Not all car accidents happen because of major mistakes, like running a red light or driving while intoxicated. At highway speeds, the margin for error is just very small. Even a seemingly small mistake can put people in the hospital.

Knowing what to watch out for does not guarantee that you won't get injured by another driver who makes an error, but it can help. With that in mind, here are a few examples of these crucial errors:

The problem with prey drive

Have you ever seen a news story about a dog bite and read quotes of disbelief from the dog's owners? They probably insisted that the dog was always nice and kind around the house. They probably said that it came out of nowhere. They probably seemed just as confused as the person who got hurt.

It's easy to shake your head and assume that they did not know their dog well enough, but that may not actually be the case. The reality is that dogs are still, in their heart, wild animals. They have instincts that kick in at certain times, which their owners may really not understand until it happens.

If someone else breaks a contract, do you have any obligations?

You and a supposed business partner sign a contract. Your companies agree to work with one another. Perhaps you're buying parts for a specific product that you make and sell, and the other company is the supplier. You agree to pay X amount for monthly shipments of the parts that you need.

Then the other person breaks the contract. The shipment does not come in on time. When asked, they tell you that they got a more valuable offer from a competitor, so they sold the parts and materials to them, and they'll be a week late getting yours to you.

Pedestrian deaths are not declining

You face some serious risks as a pedestrian in the United States. Every year, thousands of people lose their lives, and it's not getting any better. It's time to take a long hard look at this problem to determine what can be done.

In 2016, reports show that 5,987 people lost their lives as pedestrians. In analyzing the data for 2017, experts found that there were 2,636 pedestrian deaths that happened from January to June alone -- the first six months of the year. Over the course of the year, that led to 5,984 deaths.

Patients do not always get the outcomes they want

Patients often seem to assume that doctors and surgeons are nothing less than miracle workers. Maybe they've heard people praise modern medicine too many times. Maybe they've watched the countless TV shows where doctors seem to do the impossible with ease.

For whatever reason, they assume that they have to have a good outcome. If they don't, they then assume that someone made a mistake and they can sue for medical malpractice. After all, if doctors are supposed to be perfect, isn't any poor result the evidence of an error?

Do stairs legally need lighting in Florida?

You come home from work one night in the winter, and it's already dark at your apartment. On your way up the stairs, you trip and fall in the dark. You wind up catching your knee under yourself and tearing your ACL. It puts you in the hospital, where you need expensive surgery and then it takes months for you to heal. You can't work during that time.

As you play the incident back in your head, you realize that the stairs did not have any lights. That's why you tripped and fell; it's the root cause of the whole incident. Does that make this your landlord's fault?

Buying a home before you sell your current house

Maybe you saw a deal that was so good you could not pass it up. Maybe you had your eye on a house and you jumped on it when it finally hit the market.

Either way, you decided to buy a new home before you had actually sold the one you already owned. However, you wanted to protect yourself so that you would not be stuck with two homes, which you may not have been able to afford.

One key way to use your smartphone after a car crash

You never want to use your smartphone while driving your car, but you can use it in the wake of an accident. With its built-in camera, it is an excellent way to document the scene.

Of course, the first step after any crash is to get medical help for those who need it. Call the authorities. Check on yourself and your passengers. Check on people in the other car, even when they caused the crash. Make sure that everyone has medical help as soon as possible to reduce the severity of the injuries and the odds of a fatality.

Sensory flooding after a brain injury

One common issue after a serious brain injury is known as sensory flooding. It can make it all but impossible for the injured person to hold a job or go out in public.

In an uninjured brain, all of the sensory input gets filtered and sorted through very quickly. Your brain learns what is important and what you need to focus on. It cuts back on the "noise" and allows you to pick out important details.

Lack of success does not automatically indicate malpractice

One common misconception about medical malpractice is that seeing any type of negative outcome means that the doctor was, in some way, at fault. This poor outcome is seen as the grounds for a lawsuit, as if doctors can treat and fix any ailment put before them.

Clearly, this is not the case. Doctors work hard and train for years, and modern medicine is better than it has ever been before. But that certainly does not mean that doctors can cure every disease or help people heal from every injury.

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