Author Archives: Martin Hernandez

Auto Accident - Road Fatality

Auto Accident – Road Fatality

As the state of Florida population steadily increase its population the number of road fatalities from auto accidents has rapidly increased over the past few years. Florida has a sizable population of age 65+, Motorcyclist, tourist (out of state and out of country), distracted drivers, teen drivers and impaired drivers and all of these factors increase the likelihood of an auto accident fatality.  Due to Florida’s great weather there are many pedestrians (joggers and runners) and Bicyclist on the already crowded roads. All of these things lead to a higher number of auto accident deaths.

How many auto accident deaths were in Florida?

According to the Florida Department of Transportation the number of Fatalities in state for 2017 was 1,881.  That same year there was also 14,205 accidents with serious injuries in a traffic crash.

According to the Orlando Business Journal “The Sunshine State was ranked near the bottom of the pack as the 46th safest state in the country; only ranking higher than Texas, Oklahoma, Louisiana and Mississippi.” The Insurance Institute for Highway Safety has Florida ranked as tenth in the nation for fatalities in 2016. DMV Florida states that there where on average 1081 crashes in Florida per day in 2016.  Many factors come into play as to why Florida is ranked so highly with traffic fatalities.  Crowded or congested roads; lack of urban planning; lack of mass transit; many out-of-town drivers (particularly tourists); amount of driving Floridians do; distracted driving not being enforced; lack of suitable roadways; construction; lack of turn lanes; underfunding of the roadways; lack of law enforcement; and high number of DUI drivers.

In a report entitles Dangerous by Design noted the top twenty cities in the United States of America to walk in. These are the ones listed for the states of Florida and ranking:

  1. Cape Coral – Fort Meyers
  2. Palm bay – Melbourne – Titusville
  3. Orlando – Kissimmee – Sanford
  4. Jacksonville
  5. Deltona – Daytona Beach – Ormond Beach
  6. Lakeland – Winter Haven
  7. Tampa – St Petersburg – Clearwater
  8. North Port -Sarasota – Bradenton
  9. Miami – Fort Lauderdale- West Palm Beach

According to the national highway Traffic Safety Administration (NHTSA) and a report from the nation center for statistic and Analysis, Bicyclists in Florida are more likely to be killed that cyclist in any other states.

What are some things that you can do to make sure you do not end up on of this statistic.

  • Make sure that your car is in proper maintained (good tire and mechanical checkups).
  • While driving do not be a distracted driver. Reduce distractions such as texting, surfing the web, playing games.
  • Be well rested when driving.
  • Do not drink and drive (with Taxis, Uber, Lyft there is no excuse).
  • while running/cycling do no ware headphones
  • While running go against traffic.
  • While cycling obeying all traffic laws.
  • While on a motorcycle obeying traffic laws (speed).
  • Obey the speed limits and other traffic signs.
  • Always where you seat belts.
  • Beware of your surroundings and how to react in emergencies.

Just like in any accident you should document the accident with photo; video or even sketch it out. Make sure to document your car, the other cars and the road/intersection. Once you have done this you need to move your cars out of the roadway if possible it’s the law. While wait for the police to arrive. You will need to have the following: Driver’s license, registration card, and insurance.  You will need to exchange with the other driver involved in the accident:

1- Name, address and contact information

  1. Driver’s License number
  2. License plate number and Vehicle involved.
  3. Auto Insurance information.

A law enforcement officer will complete a written report if the crash involves a charge of DUI or results in death, injury, or property damage to the extent a vehicle must be towed.

Auto Accident Fatality? Call Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

What's Safer in an Sccident: Is an SUV Safer than a Car or Sedan?

What’s Safer in an Accident: Is an SUV Safer than a Car or Sedan?

As a Tampa Injury Attorney, I always say that “in the battle of the bulge” the big one wins.  But is an SUV safer than a car?  When shopping for a car, people usually compare crash-test ratings. Whether from the government or insurance industry, crash-test scores provide valuable insight into the occupant protection a car provides. But this does give the entire picture.

For instance, the front-crash scores simulate striking a same-sized vehicle. What happens if you hit a larger, heavier, or taller vehicle? Results from a new study being presented by researchers at the University of Buffalo reveals the impact of your car-buying decision.

While the laws of physics dictate that in a crash between mismatched vehicles, the lighter one takes the brunt of the impact, this study shows just how unequal the contest is.  Yes, the big one usually wins, but there is more.

Many families who select an SUV over a sedan do so because they feel that they’re safer driving higher off the ground. And, according to a recent research study, SUVs have been shown to be much safer than sedans. In fact, an SUV driver or passenger is at least 50 percent more likely to survive a car crash without suffering serious injuries than an individual riding in a sedan.

Studies have shown that sedans are safest in a crash if it involves two similarly-sized ones. The same doesn’t appear to be the case with SUVs though. Even if they’re comparable in size, they’re likely to crush one another. This is, in turn, likely to lead to more catastrophic injuries.

Researchers note that SUVs are particularly well-equipped to protect kids. That’s because, unlike the minivan that is lighter and has a lower center of gravity, the SUV is higher up and reinforced to be able to handle impact. This is particularly important given that SUVs are involved in accidents on more frequently than sedans.

Unfortunately, though, if the driver of a sedan becomes involved in a crash with an SUV driver, he or she is not very likely to survive it. In fact, researchers with the University of Buffalo recently analyzed a series of head-on crashes between a single sedan and an SUV. They found that the sedan’s driver was nearly 8 percent more likely to be killed in the crash than an SUV driver.

But what about rollovers? SUV drivers have a much higher risk, though, of being killed in rollover accidents. Also, because SUVs have a higher center of gravity, they’re more likely to be involved in accidents due to wind or weather.

Now on a personal note, as a Tampa Injury Lawyer I interview and investigate between 400 and 500 car accidents a year.  In 2017, we investigated 486.  Of those 486, 14 involved a rollover type accident.  Fewer than 3%.  Of those of rollovers 9 were SUVs and 5 were sedans.  Of those 5, 2 were struck by SUVs.  This is consistent with the numbers NHTSA found in a 2000 study.

In 2000, NHTSA did a study and found only 3 percent of all passenger vehicles involved in crashes were rollovers, but rollovers accounted for 20 percent of passenger vehicles involved in fatal crashes.

Make your own conclusion as to the numbers, but the point to me is that SUV are at a greater likelihood of a rollover, but a rollover is still

Researchers emphasize that those looking to buy SUVs should focus on the active safety options they offer. Some examples of these include blind-spot cameras, automatic braking and traction control systems.

At the same time, they note that buyers of sedans should focus on passive safety features. Some examples of these include sizable crumple zones, airbags and variable seat belts.

Car vs. SUV Head-on Crashes

In car vs. SUV head-on crashes, the study found that the odds of death were 7.6 times higher for the car driver than the SUV driver. In crashes where the car had a better front crash-test rating than the SUV did, the car’s driver fared a bit better but was still four and a half times more likely to die than the SUV driver.

As a Tampa auto accident (car accident) attorney, I have looked at various studies and found Access Magazine’s article easiest to understand.  The study looked at information from severe head-on crashes in the government-managed FARS (Fatality Analysis Reporting System) database. In particular, the authors were looking to see what role car-type played in the outcome and how reliably crash scores predicted survival. The data sample included 83,251 crashes.

The researchers concluded that at least for head-on crashes, the vehicle type is more important than the crash-test rating in predicting survival. It’s correct that you can’t assume that a good crash-test score is some sort of guarantee. But there is more to choosing a safe vehicle than simply picking a big one.

Front crashes account for about half of all passenger vehicle deaths on American roads, according to the Insurance Institute for Highway Safety. Based on its analysis, the Institute says overall “…a driver of a vehicle rated Good in the moderate [front] overlap test is 46 percent less likely to die in a frontal crash, compared with a driver of a vehicle rated Poor. A driver of a vehicle rated Acceptable or Marginal is 33 percent less likely to die than a driver of a poorly rated one.” In other words, ratings do matter.

Choosing an SUV for safety isn’t an automatic win, as their higher center of gravity makes them more prone to rollover, an often fatal event. Electronic stability control (ESC) substantially reduces rollover risk, and we highly recommend it when shopping for a used vehicle. ESC has been mandatory since the 2012 model year and was widespread for several years before then. It is telling that most of the 6,800 occupants killed in rollovers in 2010 were not wearing seat belts, suggesting that many of those deaths were easily preventable. (Learn more in “Rollover 101.”)

 How to choose a safe car

Just because a big, heavy vehicle has the advantage in a head-on with a smaller, lighter one, it doesn’t mean that lighter vehicles are unsafe. In truth, they’re safer than ever and overall traffic fatalities are near their all-time low. But do choose a vehicle with up-to-date safety equipment, such as antilock brakes, curtain air bags, and stability control. And choose one that has performed well in the various government and insurance industry crash tests. It should also have done well in the Consumer Reports’ dynamic tests, such as accident avoidance and wet/dry braking. Even better than surviving a crash is avoiding one in the first place.

Safety considerations play an important role in Consumer Reports’ criteria for recommending any car.

After that, it is up to the driver to buckle up, stay sober and alert, and maintain a safe speed. That’s the best way to maximize your odds of survival, no matter what size car you drive.  For a good in depth article about this issue, read Access Magazine’s article on safety of SUV vs Cars.  Be sure to also buy enough auto insurance, especially Underinsured/Uninsured Motorist coverage.

Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck #SUV #abogado #AbogadoTampa #AttorneyTampa #TampaLawyer #TampaAttorney

Why Should I Hire an Experienced Tampa Truck Accident Attorney?

Why Should I Hire an Experienced Tampa Truck Accident Attorney?

An experienced Tampa Truck Accident Lawyer understands that approximately 70% of victims from large-truck accidents are occupants in passenger vehicles and approximately 20% are truck occupants.  An experienced Tampa Truck Accident Attorney understands the nuances and intricacies of pursuing this claim.  If you were a victim in a truck accident, talk to an experienced personal injury lawyer to learn about your legal rights and find the best course of action in your case.

When it comes to crashes involving trucks, the people most at risk are often those in smaller vehicles such as passenger cars. The much smaller size and weight of cars compared to large trucks increases the likelihood of severe injury or death when an accident does occur.

The massive size and weight of many trucks increase the chance that accidents and collisions will be deadly.  In 2016, there were 4,317 deaths (fatalities) in crashes involving large trucks according to NHTSA.  Accidents involving large trucks are more likely to result in fatalities than car accidents.  Moreover, there were more than 116,000 injuries in crashes involving large trucks.

Why Should I Contact a Tampa Truck Accident Lawyer?

In the event of a crash, it’s important to stay calm. Find someplace safe and call authorities as soon as possible. It is important to you seek medical attention. Some injuries are internal and can show symptoms later. Some of these injuries may not manifest immediately.  Certain injuries may take months or years before being diagnosed. Even when injuries do not lead to immediate death or disability, they can still cause lifelong health problems and shorten an otherwise healthy individual’s life expectancy. The costs of both immediate and long-term care can skyrocket, especially if the injured person is unable to work as a result of the accident.

Take pictures of the accident, exchange information with the drivers of the other vehicles, and contact your insurance company. Do not allow anyone to coerce you into admitting fault.  Do not feel bad that the at-fault truck driver may or may not lose their job.  Remain calm and find someplace to be by yourself while you wait for law enforcement to arrive without speaking to the other person. Trucking accidents can often lead to legal issues.

If you have been involved in a crash, you may want to talk to a Tampa truck accident attorney who can inform you of your legal rights. These may include seeking compensated related to:

  • Personal injury
  • Wrongful death
  • Property damage
  • Medical bills

Hiring a truck accident lawyer with extensive experience in tractor-trailer accident litigation is important to ensuring that you receive the appropriate compensation. If you or a loved one are involved in a collision with a large truck, it is a good idea to seek the advice of a truck accident lawyer who can help you understand your rights and explain the injury laws. Even if you are not sure that the truck driver is at fault, your lawyer will be able to help you understand the responsibilities of truckers and trucking companies.

Why Fernandez & Hernandez?

At Fernandez & Hernandez, the truck accident attorneys are familiar with laws governing truck accident crashes – which differ significantly from those pertaining to ordinary accidents – and have extensive experience dealing with insurance companies. We have access to the top experts, including accident reconstructionist and medical experts. By working with these individuals, our attorneys have established a successful track record of results in recovering compensation for injured individuals.

In many truck accident cases, lawsuits are filed against the truck driver’s employer – the trucking company – rather than the driver as an individual, since it is ultimately the company’s responsibility to ensure that its drivers and vehicles are operating safely.

Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

Kiki Challenge

Kiki Challenge

I frequently say “you can’t fix stupid” and this Kiki Challenge ranks up there with stupid things to do.  Even National Transportation Safety Board (NHTSA) condemned the movement due to numerous people falling out of their cars while doing the challenge.

The challenge asks participants to put their own spin on a dance to Drake’s “In My Feelings.” Some have incorporated a moment where they jump out of a car or dance beside a slow-moving car (something the NTSB has warned the public not to do), but, of course, some people want to take it even further. And, of course, some do not go according to plan.

Recently, Jaylen Norwood, an Orlando Florida man who was hit by a car during his “#KiKichallenge” video, walked away without away without any significant injuries and he even has a sense of humor about the situation.  “You risked your life for a meme,” Jimmy Kimmel told him during an interview after the video of the incident went viral.

“It was worth it,” Norwood told him. “I’m the most famous guy in Florida.”

In the video, Norwood, who is wearing slippers, can be seen jumping out of the car and doing the beginning of the challenge. Then he sees the other car coming toward him off-screen. Norwood slips on a puddle of oil and is unable to get out of the way in time.  The other vehicle, driven by his friend, strikes him in the head.

“The plan was he was supposed to come slow towards me, and I was going to jump on the hood and continue dancing,” he told Kimmel. “He came fast.”

Norwood, a delivery driver who said he’s saving up for college, told Kimmel his best friend volunteered to help him try to pull it off by driving the second car.

“He’s driving so he can’t hear me say ‘Stop,’ and I’m like ‘Oh my God, this is it,'” Norwood recalled of the moment when he realized his friend was driving too quickly.

Norwood’s little brother, who was sitting in the first car, can be heard laughing in the video.

“That made me madder than anything. I don’t even care about the car anymore,” Norwood told Kimmel.

Other attempts have shared the same outcome or worse.  Anna Worden, 18, of Iowa was critically injured last week when she jumped out of her car in Bettendorf, Iowa, to record the dance challenge, news station WQAD reported.  Some celebrities, on the other hand, have also taken on the challenge and some have been rather creative (i.e., Will Smith dancing at the top a bridge in Budapest).

But this seems like it should be logical that it is not safe.  Nicholas Worrell, Chief of Safety Advocacy at the National Transportation Safety Board shared with The Blast Monday (July 23) how hopping out of a moving car for likes might not be the best move for your safety.

“Motor vehicle crashes are the leading cause of death in the U.S. Hopping out of a moving vehicle or jumping into lanes of traffic to show your dance moves is foolish and dangerous – to you and those around you,” he said. While Shiggy’s dance was done on the regular street, singer Danileigh’s effortless car version inspired many to follow suit.

“There’s a time and place for everything, but our nation’s highways and roadways are no place for the #InMyFeelingsChallenge,” he added.

A woman by the name of Barbara Kopylova went viral this week when her attempt at the challenge ended with her falling out of a moving car. “I’M FINE nothing happened to me or the car, it’s okay to laugh,” she tweeted. “I laughed for 10 minutes straight right after I saw the video. It was an accident that I fell out of the car, I’m not encouraging anybody to do the same.”

It all started a few weeks after Shiggy catapulted Drake’s “In My Feelings” to a new level with the #InMyFeelingsChallenge.  But, the popular Shiggy challenge has benefited Drake the most. His song is currently at No. 1 on the Billboard charts with a video on the way.

In short, don’t jump out of moving cars so you can dance on the roadways.

https://www.newsflare.com/video/225282/crime-accidents/raw-man-hit-by-car-during-in-my-feelings-challenge?a=on

 Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck #KikiChallenge