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According to an AAA study, drowsy driving may be a contributing factor in one out of every 10 car accidents, making tired driving a bigger problem than previously assumed. Only 1% to 2% of traffic collisions, according to previous estimates, were caused by drowsy drivers. The study, however, investigated a broader group of drivers and was more detailed than earlier studies.

 

The AAA study’s findings are the result of monitoring 3,500 motorists between 2010 and 2013. Over 700 accidents involving the drivers under observation occurred throughout the study period, and fatigued driving was found to be a contributing factor in as many as 9.5% of the collisions. More than 10% of collisions that involve significant results were connected to drowsy driving, including injury or airbag deployment.

 

Ways to Avoid Drowsy Driving Accidents

 

Managing time well. Learning to delegate tasks and managing your schedule can be very beneficial to you. Getting enough time to sleep every day before heading out to work or wherever, is very important and can help you avoid any road accidents, especially drowsy driving.

 

Practicing good sleep hygiene. Having a regular nighttime routine helps you relax and destress. It is important to remember to turn off screens at least an hour before bedtime and avoid eating in the hours before bedtime, as this can affect your sleep. Having a bedroom that is clean, comfortable, and has a good temperature can also ensure proper rest.

 

Taking sleep deprivation as seriously as drunk driving. Take the time to evaluate yourself before hitting the road. If you are very tired or having trouble keeping your eyes open, do not drive. Take a taxi or get drive with someone else or get enough rest first. It is never worth the risk to nod off at the wheel and cause a collision.

 

Going to a doctor if you constantly feel tired. Constant tiredness can be a symptom of an underlying disorder. Fatigue can be a sign of sleep disorders including sleep apnea, which can be dangerous to people who always need to drive. This requires attention and treatment.

 

The focus on drowsy driving has not been as extensive in part because it is difficult to prove when a driver is fatigued or closing his or her eyes. If you have been injured by someone else’s drowsy driving, it is crucial to consult and work with a car accident attorney. An attorney with experience in these cases can work with accident reconstruction experts, investigators, and other professionals to help find the evidence needed to strengthen your case.

 

You can reach out to Darfoor Law Firm for a free consultation. Rest assured that we will help you in car accident cases and give you the best service you deserve. Contact us at +1-833-327-3667.

 

If you happen to be in a situation where you hold someone accountable for premises liability, it is crucial to prove that a specific person was responsible for the damages you have endured. Like most personal injury cases, there are factors that you should establish. Below are for factors that can help you throughout the process:

 

A Legal Duty of Care

Property owners or managers have legal duties and responsibilities to keep anyone that enters their property safe. Thus, if the property owner or manager sees – or should have seen – a potentially unsafe situation or a hazard, they must take immediate action to address any issue. This is their duty of care.

 

The Property Owner Breached a Duty of Care

You must be able to show that the property owner or manager breached their duty of care, whether intentionally or unintentionally. This means that the property owner had either created the danger that resulted in your injury or seen an unsafe situation and did address the issue.

 

An Accident Occurred Because of Negligence

You must demonstrate that a property danger or act of negligence caused an incident, such as a trip or fall, or any other problem. If another visitor on the premises is responsible for the occurrence, liability concerns can arise. Instead of the property owner, the specific person would be held accountable.

 

The Plaintiff Suffered an Injury

You must establish that you were injured as a result of the incident in order to receive compensation. In a premises liability case, compensation would cover any losses you incur, such as medical expenses, lost income, and more.

 

If you or a loved one has suffered an injury, it is vital to have a representative on your side who understands and sympathizes. Rest assured that we at Darfoor Law Firm give our best in helping you get the compensation you are entitled to. If you need assistance, contact us at +1-833-327-3667. We provide free consultation and case evaluation.

 

According to the Federal Motor Carrier Safety Administration (FMCSA), while truck accidents are common in the United States, Florida is among the nine states with half of the fatal crashes. In many cases, drivers and occupants of smaller vehicles are the most affected, suffering various losses.

 

Florida continues to have truck accident fatalities in the US year after year. Florida’s semi-truck accident rate is greater than the national average when compared to commercial truck accidents in other states like Texas and California.

 

In trucking accidents, since trucks are 20-30 times more giant in size than smaller cars, passenger vehicle occupants are usually the most injured or affected. Trucks also have undercarriage clearance, which sometimes smaller vehicles can get trapped underneath.

 

In addition, the National Highway Traffic Safety reports that most truck collisions in Florida occur in rural areas. These kinds of car accidents are common in South Florida. Interstate 95 receives more than 300,000 cars every day on the state’s Atlantic Coast.

 

Common Causes of Truck Accidents

 

• Fatigue. Driver Fatigue is one of the most prevalent causes of trucking accidents. Truck drivers often drive for long hours resulting in extreme exhaustion and inadvertently falling asleep behind the wheel. This number one cause of truck accidents can be prevented. In Florida, truck drivers must take a 30-minute consecutive break for every eight hours of cumulative drive time. Drivers who do not obey this law are liable for negligence.

 

• Lack of Truck Check-up and Maintenance. It is a truck operator’s responsibility to check and maintain their respective trucks in order to address mechanical failures or issues. For instance, the braking system on a large truck requires specific air pressure based on the truck’s load for it to function properly all the time. In that case, operators should never forget to check and ensure all mechanical features of the truck are properly working before driving. This is for the safety of the driver and anyone on the road.

 

• Driving Under the Influence. Driving while under the influence of drugs or alcohol is also a cause of trucking accidents. This behavior is an offense in Florida. The state’s law provides that drivers must operate their vehicles with less than .08% blood alcohol concentration (BAC). However, it halves the number for commercial drivers who must operate with less than .04% BAC. Truck drivers fall under the latter category.

 

• Over speeding. No matter what type of vehicle, speeding is dangerous and a common cause of Florida truck accidents. A fully-loaded trailer needs 525 feet to stop when traveling at 65 miles per hour. That is roughly the length of two football fields. Under the same condition, a passenger car needs 316 feet to stop. Hence, truckers must give adequate space between vehicles and maintain the posted speed limit.

 

• Lack of Proper Training. A driver’s ability to adeptly operate a large truck plays an important role in the safety-ness the driver and anyone on the road. Hours of training and special licensures that contribute to gaining expertise are a must. Also, a truck driver must also fully understand and quickly realize potential roadway hazards. However, it is the trucking company’s responsibility to hire and train appropriately licensed and experienced drivers to represent their company. The fault in a truck accident may potentially fall on the company if the evidence demonstrates a lack of training or proper licensure.

 

 

Who to Ask for Help if You were Involved in a Truck Accident

 

We understand that a truck accident can jeopardize your health and general well-being. Darfoor Law Firm specializes in Personal Injury Claims including trucking accidents. It is our duty to help people have the best representation and fight for the compensation they are entitled to.

 

You may contact Darfoor Law Firm at +1-833-327-3667 for a free consultation and case evaluation.

Slip and fall accidents happen a lot in workplaces. It is the responsibility for companies, business owners, and employees to take as many precautions as possible to avoid a slip-and-fall catastrophe.

 

Below are 5 ways to avoid a Slip-and-Fall accident in your own workplace:

 

1. Ensure Design Safety Standards

 

The main aspect that companies should consider to avoid slip and fall accidents is to give a good design of the workplace. Good design not only focuses aesthetically, but also adheres to design standards such as limiting the number of workplace hazards and obeying universal design standards such as proper access, signs, and carefully planned walkways.

Below are a few design strategies that can prevent a workplace from becoming a slip-and-fall accident zone:

 

• Ensure entryways are equipped with non-slip mats

 

• Maintain sufficient lighting in work areas, pathways, etc.

 

• Mark steps, ramps, and other potential hazards with reflective material or colors

 

• Follow OSHA standards concerning the railing, coverings, toe boards, etc.

 

 

 

 

 

2. Develop Safe Procedures to Avoid a Slip and Fall Accident

 

Accidents involving falls can occur anywhere. That covers workplaces including offices, schools, and construction sites. Considering this, it is crucial to create OSHA-compliant procedures in order to foster a safe environment. Examples are:

 

• Properly ventilating exhaust fumes, dust particles, and other hazardous airborne contaminants.

 

• Check for loose electrical wiring, cords, etc., that create unsafe walking conditions.

 

• Continually update and review standard operating procedures to ensure safety compliance.

 

3. Maintain Property

 

Without a groundskeeping/housekeeping team in place, your workplace’s efforts to build a safe environment and processes are vulnerable to failure.

 

4. Prepare for Inclement Weather

 

Snow, rain, and other forms of inclement weather can produce hazardous conditions for any workplace. All employees/staff should be prepared and trained on best practices for worst case scenarios. Moreover, companies should have a safety plan for dealing with snow, rain, etc.

 

 

 

5. Remind Employees to Avoid Activities that May Lead to a Slip-and-Fall Accident

 

Companies must provide safety training to employees during onboarding and throughout the entire employment. Engaging in certain activities that may cause accidents such as a slip-and-fall one should be avoided or be done with caution. At the end of the day, the health and the general well-being of the staff is what matters.c

If you or a loved one has suffered an injury in a slip-and-fall accident, do not hesitate to contact Darfoor Law Firm for a free consultation and case evaluation. Contact us at +1-833-327-3667.

 

In a pedestrian accident, it may seem obvious who is at fault. The car travels much faster and the driver is far less likely to be injured in a crash. Often, the driver of the car is seen as responsible for these accidents.

Unfortunately, these injury lawsuits are rarely straightforward situations where pedestrians can receive immediate compensation.

For a pedestrian accident victim to get compensation for medical bills and lost income, proving that someone else’s actions directly led to their injuries and losses is a requirement.

 

What Injured Pedestrians Have to Prove to Recover Damages

 

In all injury cases, it is apparent that the victim provides clear evidence of negligence. Negligence means failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. If someone’s negligence contributed to an accident, they can be held liable for the costs.

Below are four elements that the injury victim must prove to legally establish negligence in a pedestrian crash case:

 

• The person at fault owed the victim a duty of care. This tenant of an injury case establishes that the negligent party was responsible for acting as safely as possible under the circumstances. If the person at fault is a driver, proof of this duty is contained in state traffic laws that require drivers to be always capable and alert.

 

• The person at fault breached the duty of care. Many actions that fail to uphold the duty of care constitute negligence, such as driving distracted, speeding, ignoring traffic signs or signals, and driving while intoxicated.

 

• The at-fault party’s negligence caused the victim’s injuries. Negligence is not enough to win a claim. The breach of care must have directly led to the injuries the pedestrian suffered. For example, texting at the time of the crash may be a direct cause, but sending a text three minutes before the accident is likely not a cause of the crash.

 

• The victim suffered actual harm. Victims must provide evidence of the economic losses they suffered as a result of their injuries, such as financial hardship, increased medical bills, permanent disability, and other costs.

 

Who Should Be Held Liable for a Pedestrian’s Injuries?

 

Determining who is responsible for the accident can be done in large part by using the legal procedure for demonstrating negligence. In many cases, pedestrians file injury claims against the driver of the car that struck them. However, there are many other parties who could have played a role in the accident, including:

The local municipality. In some cases, a city government may share responsibility for a crash. Public entities may be liable for accidents involving poorly-placed crosswalks, malfunctioning traffic control devices, ineffective sidewalk or parking lot maintenance, and other safety hazards.

A product manufacturer. You may be able to file a product liability claim if a malfunctioning device caused you to veer into the path of oncoming traffic, such as a scooter or skateboard.

Another person or entity. A pedestrian usually does not have a right to enter the street outside of a crosswalk. If someone was struck because he or she could not use the crosswalk, the case may name additional parties that made safe sidewalk travel impossible.

The pedestrians who contribute in some way to their injuries may be assigned a portion of negligence. In Florida, plaintiffs can share blame for the collision and still prevail in their injury claims, but their damages will be reduced in proportion to their level of fault.

If you happen to be injured in an accident in Florida, you may be able to have compensation for your medical bills and other losses. You can pursue this by filing a claim with your insurance provider.

The insurance company you work with will depend on the nature of your accident. For instance, let us say you were injured in a slip-and-fall accident on someone else’s property. The property owner failed to address a fall hazard that caused you to have an accident and injury. In this case, you would likely pursue compensation by filing a claim to collect from the property owner’s insurance.

If you were injured in a car accident, the situation may be somewhat different. As Florida is a no-fault state, car accident victims can seek compensation from either at the fault party’s insurance company or their own insurance company.

Regardless, there is a starting process of seeking compensation; an initial and important step is writing a settlement demand letter. This is a letter that contains the details of the nature of your accident, documentation of your losses, and asking your insurance provider for a certain amount of money. Here are some tips to keep in mind when writing a settlement demand letter:

KEEP CALM

Remember to keep calm when writing a settlement demand letter. It is important to remain formal and professional in elaborating details of your accident and injury. Sounding angry and confrontational is not advised and should be avoided.

Also, keep in mind to realize the compensation you’re entitled to but avoid asking for over-the-top demands. This may have a negative effect on your claim. Over-the-top demands can indicate that you are bluffing and will not sue if they offer a low settlement. The insurer will likely conclude that you will settle early and are just trying to see if you can scare them into giving more than they are willing to offer.

MENTION ALL DAMAGES

After an accident, there may be numerous damages. You should list all your damages, such as:

Medical bills

Lost wages

Emotional distress

Pain and suffering

Loss of enjoyment of life

 

THINK ABOUT HIRING AN ATTORNEY

 

An important task to do before sending a settlement demand letter is to calculate all your damages. You may or may not be aware of your eligibility in compensation for certain types of losses. With this, you may fail to mention some in your letter.

Therefore, it is essential to consider hiring an attorney. They will review and evaluate your case. Moreover, they will handle the task of writing and sending a settlement demand letter on your behalf.

When you hire an attorney, it relieves you of a tedious task and you can use your time in recovering from your accident. They will also make sure that your settlement demand letter will omit the necessary information.

This offers two advantages. It relieves you of a tedious task during a time when you should be recovering from your accident. It also reduces the odds that your demand letter will omit necessary information.

Call Darfoor Law Firm at +1-833-327-3667 for assistance.

Texting while driving is a known deadly cause of car accidents wherever you are from. It is to be avoided at all times no matter how slow you are driving. But it is not the only thing you should be concerned about. You should also remember to not text while walking. You could be making yourself at risk of a serious auto accident.

A study conducted by the University of Buffalo found that your risk of personal injury is higher if you are texting while walking than texting while driving.

 

Texting While Walking Causes More Injuries

 

A study from the University of Buffalo concluded that texting while walking generally results in more injuries than texting while driving. However, the study also considered non-auto accident-related events such as falls, collisions with walls or other standing objects, and other injuries.

 

When you are distracted by your phone, you are more likely to inadvertently walk into traffic or collide with a vehicle. Always bear in mind to check either side of the road if you are walking and rarely use your phone while walking.

 

What Should You Do?

 

So, what can you do about it? Firstly, always remember to not be tempted to check your phone while you are walking on a sidewalk or a highway especially if you plan to cross the road. It seems harmless, but looking at your phone instead of what is around you leaves you vulnerable to all kinds of personal injury.

 

Not only are your eyes focused on your phone, but your mind is also focused on thinking of a clever reply instead of making sure you are safe. Texting while walking sounds okay and is nothing to worry about, but you are putting yourself in danger every time you pull out your phone.

 

While texting and driving may be against the law, texting and walking are not and it is a temptation that is difficult to fight.

 

Moreover, when you are in the point of view of someone who is driving, be aware of a pedestrian has their eyes glued to their phone and save yourself from an accident. Whether you’re on the road or the sidewalk, it’s easy to forget that texting isn’t as harmless as it seems; so, keep your eyes on the road, no matter where you are.

 

In the State of Florida, the Florida Premises Liability Law exists such that property owners are required to maintain their property as a safe and hazard-free zone for those who visit their areas. Thus, if the property owner or manager sees – or should have seen – a potentially unsafe situation, they must take immediate action to address any issue.

If the owner of the property is unable to act and correct the problem immediately, he must inform any visitors of the area of any possible hazards. For example, he could block the area or place the necessary signage in such a way that danger can be avoided. If he failed to meet these standards, and someone gets injured as a result, he may be liable for the said injuries.

Below are the most common scenarios that lead to slip-and-fall accidents:

 

• Uneven walking surfaces, broken pavements

 

• Unmarked obstacles, steps, curb or extension cords, wet and slippery surfaces, spills, or water leak

 

• Improperly maintained property, potholes in a parking lot

 

• Stairs or steps without handrails

These are some of the most common situations that result in slips and falls. However, almost any other hazardous condition can cause these types of accidents. Victims may suffer both minor and major injuries such as broken bones, dislocated joints, spinal, neck, or back injuries, and traumatic brain injuries.

What to Do if You Have Been Injured

If you happen to slip and fall in a public place, the first thing you should do is ask for help and seek immediate medical attention. Remember to not ignore any injuries no matter how minor it is. Inform the property owner or manager about the incident and exchange name and contact information.

Witnesses are also valuable in these kinds of situations so it is better to talk to any witnesses that may have been present. Make note of their names and contact information. Nowadays, CCTVs are also present in almost every establishment, your attorney will work to obtain a copy of the incident. Also, if you can, take pictures of the hazard that caused your injury and of the injury itself.

After you have sought medical attention, be sure to contact a personal injury lawyer to assist you in requesting compensation for your injuries. Slip-and-fall claims are often branded as false or exaggerated by businesses and insurance companies. Sometimes, they try to discourage you by refusing to negotiate a settlement. Having a lawyer to assist you can help demonstrate the sincerity of your claim. Darfoor Law Firm specializes in Personal Injury Claims and has free consultation and case evaluation.

Your attorney will also be better equipped to acquire other important evidence for your cases, such as video surveillance footage, statements of the employees, and company safety policies.

If you or a loved one has suffered an injury in a slip-and-fall accident, it is crucial to have a representative on your side that understands, sympathizes, and does their best in helping you get the compensation you are entitled to.

Motorcycle accidents are very dangerous and very common. You may sustain extremely serious injuries if you are struck while riding your motorcycle.

There are a lot of different ways a motorcycle accident can happen, but one of the most common is when another driver doesn’t give the motorcycle rider the right of way, which causes the collision.

A motorcycle rider almost always sustains significant injuries in a collision because other vehicles are so much larger than motorcycles. When compared to larger vehicles, motorcycles are already more difficult to see on the road. Motorcyclists in the area may be easily missed by drivers who don’t pay enough attention to the road and traffic around them. In order to safeguard your legal entitlements to compensation following your accident, it is imperative that you determine whether the other driver acted negligently. Wait until you have spoken with an attorney before speaking with an insurance company. Regarding your accident and your options, you may visit Darfoor Law Firm and get a consultation.

Assuming another party was careless and caused your injuries, the law gives you the option to consider that party monetarily liable for the wounds and misfortunes they caused. You might want to think about filing a personal injury lawsuit to get help paying your daily costs and medical bills.

We, at Darfoor Law firm, understand the burden, the baggage, and the pain you are enduring. Thus, we are here to help you fight for your rights and we’re with you along this journey.

Call Darfoor Law Firm at +1-833-327-3667 and let us guide you on what are the best ways to do when you’re injured and involved in a motorcycle accident.

 

 

The most serious type of personal injury claim is wrongful death. In most cases, wrongful death claims are brought by the decedent’s surviving family members in an effort to recover damages for losses sustained as a result of the decedent’s passing. These claims typically emerge when one person’s negligence or willful actions result in the death of another. These claims are particularly frequent in cases of medical negligence, but they can also occur in a variety of other circumstances, such as when someone dies as a result of a car accident, a dangerous product, or nursing facility maltreatment.

Below are some elements of a typical wrongful death claim.

Elements of a Wrongful Death Claim

Most wrongful death lawsuits, though not all of them, are founded on the idea that the decedent’s death was brought about by negligence rather than malicious behavior. The plaintiff must establish each of the four elements of a typical negligence cause of action, which are listed below, in order to succeed in a wrongful death action based on negligence.

Duty

Each of us has a moral obligation to treat another person in a certain way and that is our duty as individuals. For instance, drivers have a responsibility to respect traffic laws and avoid endangering other road users, just as doctors have a responsibility to treat their patients in a medically appropriate manner.

 

Breach

When someone behaves in a way that is not in accordance with the law, this is considered a breach of duty. If a doctor had exercised reasonable care, they would not have prescribed a drug to which the patient was allergic, for instance, the plaintiff in a medical malpractice action can demonstrate a breach of duty by presenting evidence to support their claim. In a car accident lawsuit, the plaintiff might demonstrate that the at-fault driver violated their duty of care by presenting proof that they were traveling 20 mph over the speed limit, which is considered a traffic infraction.

Causation

When the plaintiff would not have experienced harm but for the defendant’s duty violation, there has been causation. In the abovementioned car accident example, the plaintiff could prove causation by presenting proof that, had the other motorist been following the speed limit at the time of the collision, they would not have sustained injuries.

Damages

When the plaintiff has incurred harm that can be fixed through financial recompense, damages exist. The plaintiff in the abovementioned car accident could demonstrate damages by submitting medical costs incurred as a result of treating his or her injuries. This element is quite simple to prove.

Prevailing in a Wrongful Death Claim

Therefore, in order for a plaintiff to win a wrongful death claim, they should be able to prove that:

1. That the defendant owed a duty to the decedent to refrain from causing the type of harm the decedent suffered
2. That the defendant breached this duty by acting carelessly, recklessly, or otherwise failing to exercise the duty of care owed to the decedent by law
3. That the defendant’s actions really caused the decedent’s death, and
4. That the decedent and the decedent’s survivors have suffered losses as a result of the death (e.g., pain and suffering, loss of consortium, loss of earnings and future earnings, etc.).