Car Accidents Happen (Part 3) – Dealing With the Other Insurance Company

Dealing with insurance companies is a necessary part of a car accident’s aftermath. As discussed in Part 1, after a car accident, you should exchange information with the other driver, including information regarding insurance carriers. This means that the other driver, and their insurance company, now have your contact information. It is very likely that after a car accident, the other driver’s insurance company will contact you. In this part of our three-part series, we will discuss how to deal with insurance companies in the aftermath of a car accident. Part 1 discussed the steps you need to take immediately after a car accident occurs. Part 2 discussed what to do if you are injured in a car accident.

Many times following a car accident, the other drivers’ insurance company will contact you in an attempt to settle the claim. They will ask you for a statement on what you believe happened. This statement can be used against you later on, whether in settlement negotiations, or if the case goes to trial. Therefore, it is important to remember that you are not required to speak with the other insurance company. Do not give them a statement they can use against you. Keep in mind, the other insurance company does not represent you, they represent the other driver, and are trying to give them an advantage in the settlement negotiations.

Another reason may contact you is to offer you money to drop or settle your claim. In most cases, these companies will offer you a nuisance offer – that is to say, they are trying to give you much less than what you are actually owed in hopes that you will take the money, sign a release, and end the claim. Many times, these offers will come before your medical care is completed. If you are still suffering from injuries and receiving treatment, you do not know what to total amount of your medical expenses will be. You don’t know what your claim is actually worth! As such, it is HIGHLY RECOMMENDED that you don’t sign anything, especially a release, or accept any money for your injuries until you are sure you are healed. This ensures that you are negotiating with a full understanding of your claims true worth, and that you are able to recover more of what you are actually owed.

Above we define car accidents happen in 3 parts, so go to fight for your right.

Caught Speeding? Defence Arguments in Scottish Law!

There are many misconceptions about Scottish Law and in particular the Road Traffic Laws of Scotland applicable to speeding offences. Many assume that there is no argument against an accusation due to the evidence produced by police e.g. the readings given by the speed radar gun used. Many people accept the offence and its carried charges as they feel ill equipped to dispute the charges. However these offences can often be successfully challenged.

Could a Road Traffic Lawyer Have Your Charges Dropped?

The Notice of Intended Prosecution (N.I.P.) is the indicator that the Procurator Fiscals Office is initiating proceedings against you for your alleged crime. This must be posted within 14 days of the offence. If it is not received within this period and the prosecution carries out proceeding then it is imperative to seek advice from a lawyer/solicitor specialising in Road Traffic Offences, who can raise a suitable objection on your behalf.

In Scottish Law it is important to note that it is up to the prosecution to prove beyond reasonable doubt that you were the driver of the motor vehicle; that you were on a public road and that you were exceeding the speed limit at the time. Often defence arguments can be made by a road traffic lawyer of Scotland who can dispute these ‘alleged facts’ as well as possibly argue a defence if there were any irregularities with the police procedures used.

Why Should You Contact a Specialist Road Traffic Solicitor?

It may be in your best interest to speak to a road traffic solicitor from Scotland immediately as time can be vital for evidence gathering and also so they may begin to prepare any existing defences towards your case! The most common defence practiced by our road traffic lawyers is to dispute the reliability of the speed detection device used. They may raise the action that the device was not used in accordance with the ACPO codes of practice thus any evidence produced by the speed detection device readings should be treated as unreliable. The solicitor may also request a calibration certificate in order to ensure that the device used was, at the time, properly calibrated. If the certificate is expired then a good solicitor will create a defence argument regarding the reliability of the devices reading. This may be enough to have your case dropped!

Generalist Lawyers and Solicitors are very unlikely to have the experience and technical appreciation of what can be done to successfully defend you. I very strongly suggest that if you are faced with a speeding offence in Scotland and wish to know your options, then contact specialists in the field of Road Traffic Offences.

For more information on your options, simply click on the Link in the resource box below.

Street Racing – A Dangerous Pastime

The Fast and the Furious movie franchise has achieved a status of popularity that I am sure far exceeds the expectations of everyone involved in the making of these films. The producers of these movies may have had an inkling that they would be doing a sequel, but I doubt it ever occurred to them that there would be seven of these films made over the course of 14 years with an eighth in the series set to be released in 2017.

Fast cars, competition, drama, excitement, attractive men and women – these movies definitely have something to offer a vastly diverse audience. There is, however, one common element in each of them, and that is the exhilaration brought on by speed. Of course, this franchise is not the first time there has been mass exposure to the concept of street racing. It has been a core theme in many Hollywood productions such as Grease, Death Race 2000, and Cannonball Run, among others.

Street racing is not a new phenomenon, by any stretch of the imagination; however, we do seem to hear about it much more frequently these days. It’s probably impossible to determine if this is due to it happening more frequently, if accidents that result from its practice are more widely reported, or if it has simply grown in popularity. Whatever the reason, street racing may be exhilarating for those who participate in it, but it can often have tragic consequences.

Sometimes these races are set up among friends or associates – a matter of meeting at a certain place and time where there will be light traffic and fewer cops – but sometimes there seems to be little concern about these matters and the street racing may be impromptu between drivers who don’t know each other. It can result from as little provocation as one driver revving his engine at a traffic light and some sense of ‘machismo’ kicks in. (Although women are involved in illegal street racing, the drivers at such events are usually male.) It would seem that such was the case when, on July 1, 2013, a West Delray mother of two was the apparent victim of a street race gone wrong because it is believed that the drivers did not previous know each other.

According to reports, the woman was pulling onto a roadway shortly before 9 a.m. when she struck the passenger door of one of the cars speeding past her while threading in and out of rush hour traffic. After the initial impact, the other driver who was racing then plowed into the driver’s side of the woman’s car, killing her instantly. It is estimated that the two drivers who were speeding were traveling at speeds of approximately 100 mph in a 45 mph zone.

Sadly, this type of tragedy is not an isolated incident. Another such incident occurred in Tamarac late last year in which a popular 20-year-old woman was killed when the car she was riding in hit a palm tree. According to one account, the car was racing a motorcycle when the driver lost control of the vehicle and hit a tree. After examination of the car’s sensors, it is believed that the driver of the vehicle was speeding at 42 mph over the posted speed limit.

Generally, those involved in this type of activity tend to be young males, but as with everything in life, there are exceptions to that generalization. A 42-year-old man was arrested in Palm Beach County when law enforcement broke up a group of approximately 50 motorcyclists who were involved in racing. The 42-year-old is the only suspect that was unable to evade the officers. The charges he now faces are racing on a highway, reckless driving, and he wasn’t licensed to drive a motorcycle.

I have already mentioned the excitement that many may gain from street racing, but the costs can often be devastating. Sometimes it is the racers themselves who suffer the consequences of these actions, but all too often, the victims of street racing bear no culpability in what befalls them. In both of the heart-wrenching cases mentioned above, an innocent person lost her life. It is impossible to say if the second victim I mentioned was an active participant, but it seems clear that the first victim certainly had no awareness of what was taking place. She was, in fact, just on her way to work when calamity struck.

“All of our dreams and happiness now have been shattered,” the mother of this victim told a Palm Beach County circuit judge.

Even if it is not those who are speeding through our streets who are injured or killed, their lives are also devastated. In this case, the two men who were involved in this incident were only 22 and 23; one of whom was a college student. In the second incident, the driver was a 21-year-old Tamarac man who had plans to join the Marines. One of these promising young men pleaded guilty to vehicular homicide and is now serving four years in jail. Even after his release, he will still have to face four years of probation. If he violates his probation, he could receive 15 years in prison.

The mother of the victim, however, stated, “Whether it is one day in prison or 50 years in prison, our daughter will never return, but a proper prison sentence may discourage similar driving by you some day, and/or another person, and thus save an innocent victim.”

The second driver is charged with reckless driving, vehicular homicide, manslaughter by culpable negligence, and unlawful speed, but the case against him is still pending. It is expected that he will stand trial later this year.

In cases such as these, those engaging in street racing which results in someone’s death can be charged with vehicular manslaughter, vehicular homicide, or both offenses, as well as other charges. These charges can be either first or second degree felonies, the consequences of which can be as severe as life imprisonment or the death penalty.

Yes, speeding can be exhilarating, but in addition to the macho attitude of many who engage in street racing, the enticement of this practice also stems from the inherent understanding that it is patently dangerous. Anyone who engages in street racing surely realizes the risk involved or the rush they get from doing so would not exist. This action is much more severe than going a just few miles over the speed limit because you are late for work. The ramifications, both legal and otherwise, are usually much greater than that of an ordinary speeding ticket.

Unfortunately, the choice to speed at whatever level can end in more than just a traffic ticket. Life-altering consequences are certain if an accident occurs. Lives are lost, the lives of victims’ families are forever changed, and the lives of the drivers are also irrevocably altered.

If you have been charged with reckless driving and speeding due to street racing or for any other reason, please give us a call at 954-967-9888 for a free consultation.

Criminal Defense Attorney Explains Vehicular Manslaughter

Any type of conveyance can be considered a weapon if its operator caused the death of another due to gross negligence. This negligence may involve drunk driving, speeding, or reckless driving. A charge of vehicular manslaughter might be entered by the prosecution (the State) if a human being was killed as the result of said negligence. A criminal defense attorney can help you protect your rights if you are charged with a crime.

Types & Consequences

Many states separate this offense into two distinct categories: DUI manslaughter and vehicular homicide. Generally speaking, the former is more serious because it involves a substance that is known to impair the senses. As a result, the charges may range in seriousness depending on the driver’s level of intoxication at the time of the crash. If, for example, the driver is tested, and his blood alcohol was over the legal limit of .08 percent, he may face mandatory prison time.

Whether caused by speeding or reckless and distracted driving, a person who is charged with vehicular manslaughter is actually being indicted for negligence. Depending on the state, a driver could face fines or possible jail time if convicted. In fact, some states treat drivers the same whether there was alcohol involved or not. For example, Florida does not make a distinction between DUI manslaughter and vehicular manslaughter (a charge that does not involve alcohol). Both are second-degree felonies in the Sunshine State. Motorists who are convicted of either crime will face a $10,000 fine and/or 15 years in state prison.

No matter the laws of your state, an experienced criminal defense attorney will help you protect your rights in court. In addition to representing you, he or she can create a plausible defense strategy to explain and defend your actions.

Possible Defenses

Although the possible penalties are the same in some states, a charge of vehicular homicide is much harder to prove than one of DUI manslaughter. If the accused was deemed legally intoxicated by a police officer at the accident scene, he might have an uphill battle in court. But proving that a driver was grossly negligent while completely sober is difficult. In most cases, witness testimony is the deciding factor. And since witness testimony is notoriously unreliable, a good criminal defense attorney may be able to create reasonable doubt where no real evidence exists.


If you have been charged with vehicular manslaughter, you should seek legal counsel as soon as possible. Even if you were not under the influence of alcohol, the charges and potential penalties could be the same. An experienced team of defense attorneys can help. They will talk to witnesses, interview police officers, and find out what really happened. Only then will they begin to prepare a solid defense strategy.

An Overview of DWI Lawyers

The US law strictly prohibits anyone to drive a motor vehicle when he is intoxicated with alcohol. In some states, this violation is called Driving Under the Influence or DUI while in other places, this is known as Driving While Intoxicated or DWI. Drivers who are arrested as DUI or DWI suspects usually hire the services of a certified DWI lawyer. This attorney can defend them in related cases, and also represent them during legal procedures.

A DWI lawyer is, primarily, an attorney with the license to practice law where the suspected offense happened. Just as other legal professionals specialize in cases involving personal injuries or domestic violence, DWI lawyers choose to focus on cases concerning people that have been accused of drunk driving. In general, this means that these lawyers are well versed with the language as well as the application of the DWI laws of the state. They are confident that they can successfully defend their client and win the case.

A county deputy or police officer who is on duty can assess whether or not a driver is too drunk to drive, based on his/her behavior on the street. While the traffic is on a stop, the officer can let the driver undergo a couple of field tests to determine his/her response time, coordination and coherence. When the officer finds out that the driver is too drunk with alcohol to drive properly and safely, the driver will be asked to puff into a breathalyzer. This machine has the capacity to measure the amount of alcohol in the bloodstream of an individual.

In case the test results fall in between.08% to.10%, the driver can face DWI charges and can be brought to a police station to undertake a blood test. He can be detained in jail from a few hours to a number of days, until he/she appears for the first time before a judge. By this time, the suspect can hire the services of a DWI lawyer to represent him/her during the trial, and in the meantime, arrange for his/her release before the said date.

The process of establishing the legal impairment of a person while driving may be simple. However, it is usually more challenging to successfully prosecute a DWI suspect. In this regard, a DWI lawyer has to study the necessary documents and test results related to the case. In addition to this, he will invite certain people for questioning, such as the suspect, possible witnesses, arresting officer and lab technicians to know the chain of events, and gather evidence.

While the case is on trial, a DWI lawyer can interrogate the officer regarding the legality of the arrest, and perhaps ask if he has clearly pointed out the rights of the defendants, as an example. The field tests that showed intoxication may have been carried out under unfavorable conditions or uneven ground. During the traffic stop, the defendant may have been over fatigued or suffering from health issues, like hypoglycemia or diabetes.

Toll Roads Set to Expand in South Florida

There is a popular expression that states, “There is nothing new under the sun,” and that is certainly true for toll roads; they have been around for nearly 3,000 years. Companies or individuals would build roads and then patrol them, collecting tolls to allow foot traffic, those on horseback, or those in wagons to continue to use them. This endeavor expanded to include toll gates as areas were built up into cities, market places, or other areas where people needed to travel. Here in the United States the first official toll road was the Philadelphia and Lancaster Turnpike which was built in Pennsylvania in the 1790s, but Florida’s first, the Florida Turnpike, wasn’t opened until the mid- to late 1950s.

Today, in keeping with the ancient idea of toll roads, there are now also toll bridges and toll tunnels. These are no longer private enterprises, but are run by state or local governments and used exclusively for automobiles. The funds that are garnered at these toll locations are used to either maintain the roads that are there already or to help fund new projects. Lately, it seems that these projects are arising with ever-increasing frequency along the East Coast, which is especially true here in Florida.

Ironically, the concept of increasing toll roads in South Florida was originated from Southern California in the 1980s. The planned increase of toll roads in South Florida can be credited almost exclusively to a single person. Bob Poole is an MIT engineering graduate, founder of the think tank Reason Foundation, and a former Los Angeles resident. Poole drafted a proposal in 1988 to designate one or two lanes of traffic that allowed drivers to pay a toll and travel more quickly. Sounds like a great idea when you consider the purpose of modern-day toll roads is to help move motorists from one point to another in the most efficient way possible. Once implemented in California, the idea became an instant success.

“People were suddenly able to go the speed limit on one of the most congested highways in the country,” Poole said.

For the most part, this is a great idea; however, think about the massive influx of people into the state in the last 60 plus years. When you consider that this system of toll roads became widespread initially in an effort to more easily connect people in remote areas at a time when we didn’t have the population we have now, it is easy to understand how bogged down toll roads can get these days. For a system that is designed to provide smooth, expedited travel, one accident or slow driver can gum up the whole works. This, however, is a minor snafu in the grand scheme of things and has not dissuaded the State of Florida from advanced planning of several more toll roads here. Currently, there are plans underway to add 169 miles of toll lanes to some of the state’s largest cities. These projects are expected to last until at least 2021 and will be predominantly affecting Tampa, Orlando, Jacksonville, and of course, South Florida.

There is also the cost to consider; both the cost of construction and the cost of the toll. For many motorists who commute daily, toll roads can be a godsend, but the cost of tolls can vary widely. Many tolls are standard rates with a variance dependent upon the number of axles a vehicle has. Other tolls vary depending upon how much traffic is using the express lane at any given time. A toll can be as little as 50 cents or go up to as much as $10.50 depending on how much traffic is using it at the time – the greater the volume of traffic, the greater the cost of the toll. This seems acceptable to many drivers who would pay nearly whatever the cost to avoid the grind of trying to navigate through the immense traffic on South Florida roadways.

The upcoming toll lane projects are the result of state-funded reports produced by the Reason Foundation and are partially funded by toll lane developers. A slight shadow of impropriety overhangs these projects as Ananth Prasad, the Secretary of the Florida Department of Transportation, will be supervising these projects. Prasad formerly worked for one of the state’s biggest toll lane builders which will receive billions of dollars from the toll lane projects which Prasad approved.

Once these projects are completed, they will result in the biggest infrastructure project in the history of the state. The cost of these projects seems to be a source of some debate, and it is difficult to get a handle on what the ultimate cost of this infrastructure construction will be. Many of the toll lanes will be funded through the use of bonds so over the course of the time that it will take to pay off those bonds, a $2 million project can easily become a $10 million bill.

Here are some of the upcoming toll road projects, along with their estimated costs and pending completion dates:

I-95 Express Lanes Phase 2

Cost: $112 million

Length: 14 miles

Scheduled to open: April 2015

Palmetto Express

Cost: $244 million

Length: 13 miles, from West Flagler Street to Northwest 154th Street in Miami

Scheduled to open: 2017

Homestead Extension of Florida’s Turnpike

Cost: $186 million

Length: 18 miles, from Tallahassee Road to State Road 836

Scheduled to open: First phase, 2017; second phase, 2018

I-95 Express Lanes Phase 3

Cost: $901.6 million (estimate)

Length: 29 miles

Scheduled to open: A portion will open in 2019; the rest is to be determined

I-75 Express Lanes

Cost: $481 million

Length: 15 miles

Scheduled to open: 2019

As with any major construction project, the dates of completion as well as the cost to build them are arbitrary. There are always unforeseen costs and delays associated with projects on the scale of these.

Of course, there are many drivers who don’t use local toll roads extensively and may be surprised to learn not only of the varying costs associated with the individual toll roads, but also the varying methods of payment expected. Often when a toll road novice approaches a toll booth, they will start digging around the car looking for change, only to be caught in an awkward position when they realize that some toll roads don’t accept cash. Other toll roads use a transponder system such as the SunPass, or a toll-by-plate method, and others may use a combination of these methods of collection. The toll-by-plate program can often be more expensive because of the administrative costs involved.

The important thing to remember is that not paying a toll, regardless of the method, can result in a stringent fine and additional fines being incurred if not paid in a timely manner. This is true even if you are unaware of the infraction. As with other types of traffic tickets, sometimes court costs, points on your license, and a possible driver’s license suspension may occur. Consequently, if you find yourself with an unpaid toll ticket, give us a call at 964-967-9888 for a free consultation. Hiring a traffic ticket attorney can help protect your driving record.

Four Legal Options to Consider With Your Truck Accident Lawyer

Collisions involving semi-trailer trucks happen on a daily basis. Due to the obvious size difference between a car and a big rig, when you are in a passenger vehicle, a trucking collision often results in critical injury. And when there is a fatality, the victims are almost always those in passenger vehicles. According to the Department of Transportation, approximately 500,000 of these traffic mishaps occur each year in the U.S. With that in mind, here are four legal considerations you can explore with your truck accident lawyer before deciding to file a claim.

1. Who Is Liable?

One of the first options to explore is whether you can establish employer liability. Determining liability answers the question of who was at fault. If the big rig driver is employed by a trucking company, your attorney may be able to pursue a claim against the corporation itself, as long as the employee was acting within the scope of his employment when the incident occurred. It is also important that a detailed investigation is conducted at the scene of the mishap in order to effectively establish liability, including taking statements from any witnesses.

2. What Injuries Were Sustained?

In order to successfully pursue a claim against a liable party, you must show that you sustained a physical injury as a result of the accident. If you cannot show physical harm, then your claim cannot result in a monetary judgment that is meant to compensate you for your injuries. You must also prove that these injuries were a direct result of the truck collision and not by any fault of your own. Your truck accident lawyer can help by jumpstarting the investigation and establishing both liability and damages immediately after the incident.

3. Is Money Available If Your Claim Is Successful?

Once you establish liability, you can then take a look at the alleged party at fault and make sure they have means to pay any damages suffered. For example, if you successfully establish that the semi-trailer company is at fault, it is important to know if they have adequate insurance coverage to pay for damages. If the party at fault is unable to pay, another option could be if you have coverage on your individual insurance policy to cover accidents that result from uninsured drivers.

4. Can You Settle?

An additional option to discuss with your truck accident lawyer is whether to pursue a settlement out of court rather than proceeding to trial. If you have established liability and the party at fault is offering to compensate you without having to deal with the stress and expense of a trial, a settlement can be a valid option. On the other hand, if you are not offered a fair settlement, it can be worthwhile to proceed to court. Ultimately, your attorney should help you get compensated for the total extent of your injuries, your medical bills, any wage loss, as well as any pain and suffering.

With these considerations in mind, you and your truck accident lawyer can effectively explore the best options for your specific case.

How to Expunge a DUI Record

Getting behind the wheel while you are under the influence of alcohol or drugs is a very stupid decision. This mistake can cost you a hefty fine or your freedom. You can get arrested for drunk driving and this charge may result to expensive fines, community service, jail time and a permanent record.

A DUI conviction in your record can have a negative impact which may affect many areas of your life. Even after you have paid the fines, attended drunk driving classes, and served your sentence, you may realize that a DUI conviction on your record can become a form of punishment on its own. For instance, a permanent record can keep you from getting a job, a loan, or from renting a decent apartment. To that end, you may want to have your DUI record expunged.

What Is Expungement?

When the court agrees to expunge a criminal record, it basically means that the conviction is sealed or erased. To that end, when a background check is performed, the record won’t appear. This is very helpful for those who are seeking employment, applying for a loan, or for other purposes.

Remember though that the record is not completely erased. It can still be seen by law enforcers and court officials to check whether the person has previous run-ins with the law. But an expungement will keep the permanent record from ruining the individual’s life.

How To Expunge A DUI

1. Understand what it means to expunge a DUI record: As previously mentioned, DUI is a permanent record. If it gets expunged, all the information about the case, including the files, records, and criminal charges will be sealed. This means that in case you apply for a job, you can tell your potential employer that you have never been arrested, charged, or convicted of DUI.

2. Learn about the laws involving the expungement procedure: You need to understand that expungement process may vary from state to state. To that end, you must check with your country’s court or law enforcement agency where the arrests are expunged. Ask about the requirements, such as a certificate that proves you have completed probation and how many years before you can get your DUI expunged. There are some states that allow immediate expungement for some cases, such as a first offense in DUI.

3. Complete the process: It is crucial to fill out all the necessary forms and requests for expungement, such as the Motion to Expunge. After filling out the formal request, you will need to submit the application to the court and pay the fees necessary. You must then attend the expungement hearing once it is scheduled by the court. Lastly, you may also need to appear in front of a judge.

If everything went well, the judge will agree to the expungement plea. He will then give a court order to expunge the DUI record.

How You Can Beat a Speeding Ticket

We just don’t seem to have enough time on our hands these days, which leads us to speeding around in the car and then, of course we end up getting a speeding ticket. It can happen to be very irritating and it couldn’t have happened at a worst moment. Imagine this, you are already late for work and have been warned before about coming to work late, you are hurrying to work or the stores and then, you get a traffic ticket.

So, is their anyway to beat a ticket without just paying it? You will be glad to know that there are some proven methods through which you can fight ticket. Did you know that these speeding tickets are wrong? In the sense, you can say that there are like a scam. The thing is many motorists don’t want to risk defending their speeding ticket.

The result of that is they have to pay all the fines. They feel that they cannot win in court. How wrong they were? Are you aware of the fact that you can save more than $1200 per ticket when you know how to fight a ticket? The moment you are caught with a speeding ticket, don’t admit your mistake.

That is correct, many people just admit to making the mistake. Do not do that. When the officer comes to your window to ask for your license and registration, the next question will be, do you know that you are speeding? It is always better to keep your mouth shut and act relaxed.

If you are a female, you need to shed a few tears. That is what female drivers have done and would you believe it, have escaped. But, when it comes to males, it doesn’t work that way. Males will have to use the right technique.

So, the first thing to do when you are booked for a speeding ticket is to accept it with a smile and drive away. When you are present in court, you need to dress up appropriately. You appear professional when you wear a suit and behave like a grown up man. Try to be polite and respectful to everyone.

You don’t want to act too smart as it is not going to help your case. It is best to remain confident at all times which can help you win the case. The officer will have to prove you guilty. You will want to check the words that are printed on the speeding ticket. When the officer is not able to prove you guilty, you would be dismissed.

You see, officers in the end are human beings and won’t be able to recollect everything that took place that day. Your last resort would be to stall the court proceeding so that the officer can forget everything that happened. The officer might not even show up, which will let you win.