Law Office of Alexander AlvarezMiami Insurance Defense Attorney | Personal Injury Lawyer2024-03-07T15:27:27Zhttps://www.aalvarezlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1200124/2020/06/cropped-favicon-32x32.jpgOn Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483252024-03-07T15:27:27Z2024-03-07T15:27:27ZWhat does research show?
Road rage incidents have been on the rise since 2020. Drivers have been more likely to lose their cool in traffic or to allow issues on the road to lead to interpersonal confrontations. Florida sees somewhat higher-than-average rates of road rage according to self-reported data from drivers.
Florida ranks 17th in the nation for road rage based on how often drivers report facing confrontations or losing their cool in traffic. Roughly 15% of the drivers polled reported having another driver exit their vehicle due to traffic issues. Almost one in five drivers admitted to experiencing road rage frequently.
Road rage incidents sometimes lead to prosecution. The state can bring charges against someone who behaves in a patently unsafe manner in traffic or who attacks other people. Road rage incidents can also lead to collisions when drivers become aggressive in traffic.
Those affected by road rage incidents sometimes have complicated insurance claims ahead of them. The driver who became enraged and did something threatening or inappropriate in traffic may have avoided personal involvement in the wreck their actions caused, which can make seeking compensation more of a challenge. In some cases, a personal injury lawsuit might be appropriate depending on the losses generated by the road rage incident.
People can limit their risk of a road rage incident by avoiding eye contact with others in traffic, allowing people to pass them and recognizing the warning signs of an aggressive driver that they may want to avoid. Tracking trends in road safety can help people reduce their risk of a motor vehicle collision and major financial losses due to changes in traffic behavior.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483232024-03-01T17:29:27Z2024-03-01T17:29:27ZIt often feels like there’s a focus on safety on American roads, and you would assume that those roads are getting safer. New vehicles have crumple zones, airbags, blindspot monitoring systems, backup cameras and plenty of other examples of auto safety technology. This should reduce the number of accidents that happen – and the number of fatalities.
However, studies have found that the opposite is occurring. The fatal accident rate has been going up in recent years. For instance, there was a 16% increase between 2018 and 2022. The total fatalities for the year jumped from 36,835 all the way up to 42,795.
Why are these accidents happening?
Speed is often cited as a reason for the rise in fatalities. This is especially true when traffic levels decrease. Rather than reducing the number of fatal accidents, lower traffic levels tend to increase fatalities because they lead to higher overall speeds. So there may be fewer total accidents, but the fatality rate goes up because more of those accidents are deadly.It’s also impossible to ignore the increase in distracted driving. Cellphones in particular are a major reason for distraction. But in-car infotainment systems can also be distracting as drivers try to do things like changing the radio station, streaming music, using a GPS or adjusting the temperature controls.Since the accident rates are going up, you do face risks from other drivers every time you’re on the road. If you suffer injuries, or if a loved one passes away in an accident that someone else caused, you need to know how to seek compensation.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483222024-02-15T15:20:20Z2024-02-15T15:20:20Ztrauma-related hospital admissions, and they can be outright fatal to older people – but people do not have to be elderly or frail to get seriously hurt in one. If you witness a loved one’s fall in a store, parking lot or anywhere else and want to help, there are a few things that you’ll want to keep in mind.
Prioritize the victim’s safety
Encourage your loved one to lie still so that they can assess how hurt they might be. It’s particularly important that they not try to get up right away, especially if there is something on the floor around them that contributed to their fall, like a spilled drink or cleaning fluids. They could end up falling again, and that could lead to even more severe injuries. Call 911 and request assistance so that your loved one can be properly evaluated for head injuries, back injuries and broken bones, among other things.
Alert the property’s owner or manager
If possible, try to let the property’s owner or manager know what has happened. This is particularly important when the fall was due to some kind of property negligence, like a broken step, missing handrail or forgotten “Wet Floor” sign. If your loved one is seriously injured and decides to eventually file a premises liability claim, that notice can also help establish a clear timeline of events and connect their injuries to the fall.
Take photos of the accident scene
Your loved one may think you’re going overboard, but pictures really are worth more than any words when it comes to future injury claims. Take photos of whatever you think may be important at the scene, such as the lighting conditions, the cracks in the tile on the floor, the position of the torn rug near your loved one and so on. Those photos may become valuable evidence in the future.
Quick thinking on your part can not only help your family member or friend avoid more severe injuries, but it can also help them ultimately receive fair compensation for what they’ve endured.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483202024-02-07T00:21:14Z2024-02-07T00:21:14ZHow charting and documentation aid in defense
Charting and documentation provide a chronological timeline of the patient's condition and the care delivered. This timeline is critical in establishing the sequence of events, decisions made by the healthcare provider and the rationale behind those decisions. It offers a factual basis to counter negligence claims, showing that the provider acted competently and made informed decisions based on the patient's condition.
They can demonstrate adherence to standard care protocols. Medical malpractice claims often hinge on whether the care provided deviated from the standard practices accepted in the medical community.
Documentation can highlight the informed consent process. A significant aspect of medical treatment is ensuring patients are fully informed about their treatment options, including potential risks and outcomes. Detailed records of these discussions, including the patient's questions and responses, can serve as evidence that the patient was fully informed and consented to the treatment.
Addressing medical malpractice claims
When a claim of medical malpractice is launched, providers should be able to count on charting to show that they acted in a manner consistent with the healthcare they’re required to provide. This can become a valuable component in a defense. Seeking legal guidance can help a provider to better ensure that evidence of their acceptable professional conduct is presented in a way that is most likely to secure a favorable outcome.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483192024-01-24T02:49:13Z2024-01-24T02:49:13Zdanger motorcyclists encounter is the failure of other drivers to detect and recognize motorcycles in traffic. This lack of visibility can lead to hazardous situations, especially at intersections or during lane changes. Additionally, the smaller size of motorcycles can result in misjudgments of a motorcycle's speed and distance, which increases the risk of accidents.
The blind spots of other vehicles
Motorcycles often fall into the blind spots of larger vehicles, such as trucks and SUVs. These blind spots are areas around the vehicle where the driver can’t see, even with the help of mirrors. When a motorcycle is in a blind spot, it becomes invisible to the driver, who may change lanes or maneuver without realizing the motorcycle's presence. This can lead to collisions, especially on highways where vehicles are moving at higher speeds.
Distracted driving and its impact
Distracted driving is a growing concern for all road users. When drivers are distracted by their phones, passengers or other activities, their ability to notice and react to motorcycles decreases significantly.
The effects of poor road conditions
While poor road conditions affect all vehicles, they can be particularly hazardous for motorcycles. Potholes, uneven road surfaces or debris can cause a motorcyclist to lose control more easily than a car or truck driver.
Inclement weather, such as rain or fog, reduces visibility and affects the traction of motorcycles, increasing the risk of skidding. These conditions require motorcyclists to be extra vigilant, but they also demand greater awareness and consideration from other drivers to ensure safety for everyone on the road.
When a motorcyclist is injured in a wreck, they’ll likely need significant medical attention, which can be costly. If the crash is the result of another party’s negligence, seeking compensation is possible. Florida law sets time limits for these matters, so working with someone familiar with these cases to get things moving quickly is important.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483182024-01-18T18:52:31Z2024-01-18T18:52:31Zclaim of medical negligence are true.
You had a duty of care toward the patient
Some people are so desperate or upset that they lash out at the wrong person. If it was your patient, you probably had a duty of care towards them, but if this was not the case, it’s essential to show that.
You deviated from the expected standard of care
If you did what most other doctors would have done in your position, you probably do not have a case to answer. If, however, you abandoned the rule book, you might.
They suffered harm that was a direct result of your actions or inaction
Sometimes, people link two things that are merely coincidental. Yes, a patient may have gotten seriously ill after you treated them, but that does not mean you caused their harm. A plaintiff must show they suffered harm and prove it was a direct result of something you did wrong.
The law understands that doctors cannot achieve perfect results all the time. However, not all patients do. Getting assistance to build your defense is wise if someone accuses you of negligence.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483172024-01-11T03:34:34Z2024-01-11T03:34:34Z373 people lost their lives in crashes with semi-trucks that year. The following are the top five causes of semi-truck crashes.
Passenger vehicle drivers
According to research into crash data by the Federal Motor Carrier Safety Administration (FMCSA), the people who drive passenger vehicles cause slightly less than half of all semi-truck crashes. Often, the mistakes these drivers make involve getting too close to a commercial truck.
Commercial drivers' decisions
When looking at the crashes caused by big trucks, bad decisions by drivers were the leading cause of such collisions. According to the FMCSA, 38% of the crashes caused by semi-trucks are the results of a decision-making failure. Leaving inadequate space between vehicles or driving too fast given road conditions are examples of decision-making mistakes that could cause a crash.
Recognition errors
The second-leading reason that semi-truck drivers cause crashes is a recognition issue. Due to distraction, visibility issues or other factors, they fail to properly monitor traffic and may cause a crash as a result.
Non-performance
Truck drivers have to work very long shifts in a profession that has a strong association with health challenges such as obesity. According to FMCSA data, approximately 12% of the crashes caused by semi-trucks occur because the driver cannot perform their job due to falling asleep or having a medical emergency.
Vehicle issues
Occasionally, a truck driver would not be able to prevent a crash despite their best efforts because of an issue with the vehicle itself. Improperly-loaded trailers, bad brakes and tire blowouts are all issues that could cause crashes due to the condition of the semi-truck.
Most of these concerns are not under the control of the average driver. Giving commercial trucks as much space as possible on the road could help people limit their chances of causing a crash and may give them time to react to potential hazards that could otherwise lead to a crash.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483152024-01-05T22:54:19Z2024-01-05T22:54:19ZWhen a patient experiences an adverse outcome to a medical procedure or their condition suddenly worsens despite your best efforts, it’s only natural to want to express your sympathies to them or their family – but physicians have long been counseled against the practice for fear that their words would be used against them in a medical malpractice claim.
Times have changed. Both physicians and lawmakers have come to realize that muzzling a physician when they want to communicate with a patient or their family can actually make a situation worse – not better. Thus, “apology laws,” like the one here in Florida, have come into being.
What’s Florida’s rule on apologies?
Essentially, the law in this state separates expressions of sympathy from actual admissions of fault. In general, expressions of sympathy and sorrow over the patient’s condition are not admissible as evidence in a medical malpractice claim – but admission of actual responsibility can be used in court.For example, a physician might safely say something like, “I am sorry there was nothing else to be done to save your mother,” but they could not safely say, “I am sorry I misread your mother’s lab results.” The first is an acknowledgment of the patient’s loss and the family’s grief, while the latter is an acknowledgment of culpability.It’s important to realize that avoiding a medical malpractice lawsuit is often easier when a patient or their family members don’t feel like their losses or tragedy is being dismissed or ignored – and an expression of sympathy can do a lot. If you do find yourself facing a medical malpractice claim, experienced legal guidance is essential.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483122023-12-24T22:02:17Z2023-12-24T22:02:17ZUnderride guards are a critical but often overlooked component of highway safety. These safety devices are fitted to the rear and sides of large semitrucks and trailers. They provide valuable protection for other vehicles and their occupants when they’re near big rigs.
Many drivers might wonder what the purpose of these underride guards is. Learning a bit about this may help drivers to feel more secure on the roads.
What do underride guards do?
Underride guards are designed to stop passenger vehicles from sliding underneath semitrucks during accidents. Without these guards, the top of a passenger vehicle can be sheared off in an underride crash, significantly increasing the risk of severe injury or fatality for the car's occupants. The underride guards are the only way to prevent this from happening. They provide significant protection, especially at higher speeds.The effectiveness of underride guards is closely linked to their design and maintenance. Some trucking companies may try to skirt around the guidelines or skimp on the cost. This can lead to significant safety issues for others on the roadways. Lax maintenance and guards that don’t meet applicable standards can become a part of a personal injury lawsuit, so that’s a factor for victims to consider.Any crash with a semitruck can lead to significant injuries to the occupants of the other vehicle. Those victims will likely need to seek medical care, which can lead to them incurring significant expense. Those individuals may choose to file a compensation claim so they can recover the cost of medical care and other damages like lost wages.
]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483112023-12-11T20:56:17Z2023-12-11T20:56:17ZMany people prefer to drive during the day but might not always be able to avoid driving at night. Unfortunately, nighttime driving can be very dangerous because of the dark conditions and other things that happen at night.
Many things are hazardous at night. Drivers must all be prepared to deal with anything that might happen so they can respond accordingly.
Wildlife might be present
Some wildlife, like deer, tend to be more active from dusk to dawn. This can put drivers at risk because they never know when an animal will dash out in front of their vehicle. Watching the sides of the road closely may help drivers to avoid the wildlife. In some cases, drivers may swerve, which could put them at risk of slamming into another vehicle.
Reduced visibility
The reduced visibility at night can have a significant impact on driving safety. Drivers may not see obstacles in enough time to stop without slamming on the brakes. Changing lanes might also be a challenge. This is especially true on roads without sufficient lighting, such as rural roads.
Highway hypnosis
Highway hypnosis occurs when the headlights from other vehicles lull a driver. This can lead to the driver becoming dazed and unable to handle their driving duties appropriately. The dangers of nighttime driving can lead to catastrophic crashes. Victims of those crashes can suffer from things like spinal cord or brain injuries, among others. Seeking compensation via a personal injury lawsuit is one option for victims to try to recover the financial damages from the wreck.]]>