Distracted While Driving

Next time you are stuck in traffic – take a look around you. Most of the drivers in nearby cars are starring at their phones. At night, you can see the white light of a handheld device in nearly every car. Hardly anyone is paying attention to the road ahead. Most drivers are distracted. The latest statistics show that American’s traffic deaths are rising. The combination of automobiles and smartphones are contributing to the danger. Despite a media campaign of awareness, many drivers still text and drive or use their phone in other distracting ways.

Traffic fatalities on United States roads in 2016 increased to 37,461, according to the National Highway Traffic Safety Administration. That is a 5.6% increase over 2015 and 8.4% from 2014. According to the National Highway Traffic Safety Administration’s records, fatal distracted-driving crashes specifically involving cellphone use, increased to 14% in 2015 from 12% in 2011.

The Capital news service in Tallahassee Florida reported that more than 39,000 people were injured in Florida last year after being involved in a distracted driver crash. The month of April has been designated Distracted Driver Awareness month. The Florida Department of Highway Safety and Motor Vehicles keeps records on traffic crashes and vehicular legal infractions. Despite a ban on texting while driving, police have issued very few citations in part because texting is a secondary offence. This means that motorists must first have been stopped for some other violation.

While distracted driving is “anything that takes your hands off the wheel, your eyes of the road or mind off driving”, smart phones appear to be the greatest culprit. Think about: texting while driving requires all three categories of distraction. The driver takes their eyes off the road to look at the screen, their hands off the wheel to type the text and respond; this forces them to think about something other than driving. Texting while driving reduces the driver’s ability to react in order to stop or avoid a hazard.

Accident reconstructionist, road designers and vehicle engineers all consider perception distance, reaction distance and breaking distance when evaluating automobile safety. A vehicle traveling 60 miles per hour requires approximately 66 feet of perception distance, another 66 feet of reaction distance and over 227 feet of braking distance. This means it takes almost 360 feet to stop a car traveling at 60 miles per hour assuming a focused driver on a dry roadway. A driver that is texting, reading emails, or looking things up on their cellphone greatly increases the perception distance and reaction distance before hitting the brakes on their vehicle. This results in all manner of crashes from the simple, slow speed bumper tap in traffic to the disastrous highspeed highway fatalities.

In Florida, unlike many other states, there is no handheld cellular phone ban, there is no cellphone ban for school bus drivers, there is no cellphone ban for novice drivers and, text messaging while driving is only charged as a secondary infraction. While it will be easy to recommend that all of us contact our legislators and voice concern over these lax driving laws, in reality, often times the better way to enact change is in the Courts.

In Las Vegas, Nevada prosecutors charged a motorist who killed two people while speeding, and talking on her cellphone with a felony. With the advent of improved accessibility to cellphone records and the increased technology allowing access to smart phone usage history, civil personal injury actions against distracted drivers are becoming more and more common. Recent efforts in Florida have been made by victims of distracted drivers to sue for punitive damages in addition to compensatory damages. Punitive damages are designed to punish a wrong doer for intentionally harmful or criminal behavior. Florida Courts are beginning to recognize that when a defendant engages in conduct that is “fraudulent, malicious, deliberately violent or oppressive, or committed with such gross negligence as to indicate a wanton disregard to the rights of others” the award of punitive damages maybe appropriate. This standard comes from a 1994 Florida Supreme Court case. In 2011, a trial Court in Collier County, Florida allowed a punitive damage claim against a driver who was texting while driving that caused a death.

Florida Statute §316.305 “forbids the operator of a motor vehicle from manually typing or entering multiple letters, numbers, symbols or other characters into a wireless communications device or while sending or reading data in such device for the purpose of non-voice interpersonal communication, including, but not limited to, communication methods known as texting, emailing, and instant messaging”. The violation of this law is a traffic infraction not a criminal offence. It will be difficult for the distracted driver that was texting while driving to argue, after causing an accident, that that conduct was not intentional. It is this very illegal and unsafe intentional conduct which we, at Jeffrey R. Davis, P.A. believe will give rise to a claim for punitive damages, in the event of an accident causing serious injury or death.

Our goal is to promote safe driving and see that laws on the books regarding distracted drivers are strengthened.

Certain businesses, like AT&T have installed applications on their employee’s cellphones that make it impossible to operate their phone while the vehicle’s engine is activated. This means no texting and driving, no receiving phone calls, no surfing the web or other distracted driving conduct. This very same technology should exist to prevent all motor vehicles from allowing the operator or driver to text, receive or send emails or other manual phone operations while driving. It will save lives, avoid injuries and reduce crashes.

At Jeffrey R. Davis, P.A., we are a law firm that seeks to pursue safety as a business model. We believe that enforcement of laws relating to safe driving through appropriate civil claims and litigation is often a place where change for the better begins. If you or family member or friend have been injured by a distracted driver, please call Jeffrey R. Davis, P.A. to discuss this matter and receive a free consultation. Our firm specializes in the representation of injury victims throughout the state of Florida. Our bilingual staff will be available to assist you on a 24/7 basis.

Texting While Driving In Florida…

Texting While Driving in Florida: Dangerous and Against the Law!

The Florida ban on texting while driving law is found at Florida Statute §316.305.  Incredibly, although everyone knows it’s a careless and dangerous practice, it is still only a secondary offense (F.S. 316.305(1)(d)).  This means to be cited (receive a ticket) for texting while driving (TWD), a motor-vehicle operator must be detained (pulled over or stopped) for another type of violation (i.e., speeding, running a red light, taillight out, etc.)  (F.S. 316.305(5)).

Evidence of texting will be admissible in criminal and civil proceedings where the driver that was texting while driving cased a crash involving death or personal injury.  In those cases, cell phone bills or other written evidence of TWD will be admissible in Court.  (F.S. 316.305(7)(c)).

TWD is distracted driving.  The U.S. Department of Transportation has recognized that such a major problem exists with distracted driving that they have funded an education campaign known as www.Distraction.gov.  The National Highway Traffic Safety Administration has instituted an extensive education effort aimed at young drivers using powerful YouTube videos that graphically depict the danger of texting behind the wheel.  The statistics are overwhelming.  The National Safety Counsel reports that 330,000 injuries occur each year from accidents caused by TWD.  The list goes on and on.  More incredible is the fact that TWD makes you 23 times more likely to crash – the same as driving after 4 beers!  Despite this indisputable evidence, 800,000 drivers are doing it at any given time across the country.

Certainly, no one can argue that TWD is negligent.  Florida courts are starting to hold that it may even rise to the level of recklessness (an intentional act like driving while intoxicated).  This clear and obvious danger of TWD has led to Plaintiffs (people bringing lawsuits) to seek punitive damages under Florida Statutes §768.72 (1) and (2).  To make a claim for punitive damages against a driver that has caused personal injury or death due to a crash while texting, an injured party needs to prove gross negligence that indicates a wanton disregard for the rights of others.  (As early as 2011, Florida courts began allowing punitive damage claims against a Defendant whose conduct (TWD) caused a car crash resulting in death (Margaret S. Caskey, et. al. v. Astellas Pharma US, Inc., et. al., Collier County Case No. 112010 CA 0005820001XX (Fla. Collier Cir. Ct. 2011).  It should be noted that regular insurance policies do not provide coverage for these damages.  Since 2011, discovery of electronic records and data has become increasingly more sophisticated in criminal and civil cases and text message histories are readily obtainable.  This evidentiary proof will continue to become more accessible and verifiable in injury and death cases.  Phone records, billing records, and screen shots are the proverbial “smoking gun” in modern distracted driving cases.

Jeffrey R. Davis, P.A. is a Florida injury law firm that has more than 30 years’ experience in representing victims of personal injury and wrongful death.  We handle cases throughout Florida involving texting while driving and distracted driving claims.  Please contact us for a free case evaluation.

Uninsured Motorist Insurance – Why you need it!

In Florida, like many states in our country, only a minimal amount of bodily injury insurance is required to register your automobile. Car insurance is usually divided into different categories; bodily injury coverage, property damage coverage, medical insurance coverage, collision and comprehensive coverage. There are other kinds of insurance as well which supplement these such as medical payment coverage, towing & storage insurance, rental car coverage and excess or supplemental insurance. The truth is most people do not carry enough bodily injury liability insurance to cover the harm they do. This means that the average driver, especially in Florida, has only $10,000 available if they cause an accident and injure or kill someone. $10,000 will not even pay for one day of a hospital stay for a person with severe injuries.

That’s why uninsured motorist coverage was created. Uninsured motorist and underinsured motorist coverage means that your own insurance company will pay you when the person who causes an accident does not have enough insurance to pay for the damage you have sustained. For instance, if a crash takes place and the person at-fault causes you to suffer a fractured leg or other debilitating injury, their insurance company is responsible for payment of your damages under the bodily injury portion of the policy. What happens if the bodily injury coverage is only $10,000? Your damages are certainly worth well in excess of this amount. If you have uninsured motorist coverage, the injured person looks to their own insurance company to make up the difference in the value of the claim. Uninsured motorist insurance is a way to protect yourself from the limited insurance most people drive with. Uninsured motorist coverage also pays when the other person has no insurance.

Many people allow their insurance to lapse. Unfortunately, folks will pay for insurance in order to get their car registered and then allow their monthly premium to go unpaid rendering them uninsured. If that uninsured motorist causes an accident, who is going to pay for the damage? Certainly, the uninsured motorist is personally responsible but good luck collecting. Suing an individual who is financially unable to even pay their insurance premiums will likely be a waste of time and money. That is where uninsured motorist insurance comes in to cover your losses following an accident.

A separate premium is charged for uninsured/underinsured motorist coverage. In Florida, it is automatically included in your policy of insurance unless a specific rejection is made. In fact, the state of Florida recognizes that uninsured motorist coverage is so important that they mandate a specific form of rejection which must be signed and acknowledged by the insured before a rejection may be deemed valid. I advise all of my clients: purchase as much uninsured motorist coverage as you can financially handle. Remember, the vast majority of motorists carry the minimal insurance coverage at best. Most accident lawyers have horror stories representing clients with serious injuries or tragic losses caused by uninsured and underinsured motorists. Protect yourself and your family by purchasing uninsured motorist coverage on your automobile policy.

Decreasing the Chances of an Accident at Night

Personal injury attorney Barry P. Goldberg has handled thousands of car accidents and has noticed that many night-time accidents can be avoided with a little planning.  After age 30, a driver’s eyes become less acute and more sensitive a night especially to on-coming headlights.  There are some simple tips that will decrease your chances of a night time auto accident.

1. Shift Your Gaze

When facing on-coming headlights, never look at those lights directly. It may take several seconds for your vision to adjust and an accident could occur.  Always “shift your gaze” down and to the right.  Try to use the edge of the road line, lane line or lane markers as a guide.

2. Be Seen and Predictable

You are not the only one having difficulty seeing at night! So, be predictable.  Always check you mirrors often and know where the other traffic is located.  Try using your turn signals much earlier than you normally would during daylight. When you are preparing to stop, tap your brakes lightly at least 3 times as an additional warning that you will be stopping.

3. Prepare Your Vehicle for Optimum Night Driving

Most cars today have a manual or automatic rear view dimmer which should be used.  I have noticed that many drivers either do not switch on the rear view dimmer or refuse to turn the auto-dimmer to the on position. The rear view is very important during night driving and a high beam can blind you for several seconds.  Switch the rear view dimmer on tonight!

Many drivers complain about brightness across the entire windshield at night.  This can be aggravated by a dirty windshield which refracts light. Always drive with a clean windshield inside and out. Finally, most vehicles today have dimmers for the interior gauges as well.  Again, no one seems to bother using them.  The bright gauges in the cabin interior can make it difficult to focus on dark objects in front of your car.  Tonight, try dimming the interior gauges slightly.  You may be surprised how safe you feel!

As an experienced personal injury attorney, Barry P. Goldberg can assure you that the most valuable car accident is the one you avoid.  Try uses the simple techniques listed above and enjoy your drive more this evening.

Why You’ll Need a Personal Injury Lawyer for Your Car Accident Case

Personal Injury Lawyers serving Miami, North Miami, North Miami Beach, Sunny Isles, and More

Jeffrey R. Davis is a personal injury lawyer in Miami, FL that is ready and able to help you with your personal injuries due to car accidents. Unfortunately, car accidents happen, and sometimes they are serious. If you or someone you care about has been involved in a serious car accident, you’ll need a personal injury lawyer.

Our Miami Car Accident Lawyers Are Reputable

The number one reason why you’ll need a car accident lawyer in Miami, FL is if you or someone you care about has been hurt, especially if the injury is permanent. Your lawyer will help you recover the cost of your medical bills, general damages, and take into consideration the time lost in school, work, or household duties.

Involved in a Pedestrian Accident? Call Our Miami Car Accident Lawyers

Is there fault in this case? If fault is an issue, you need to contact your personal injury lawyer in Miami, FL. It’s also important to contact your lawyer if there was a pedestrian involved, your pedestrian accident lawyer in Miami, FL will be a big help for your justice.

Is the police report inaccurate? Contact your car accident lawyer in Miami, FL if you feel as though the report is not accurate or fair to you. It’s important that the right details are recorded.

Another reason to contact your car accident lawyer in Miami, Fl is if you have no car insurance or your insurance company says you didn’t pay your premium. Insurance companies can be tricky to work with and an experienced lawyer is what you need to help you. Also, if your insurance company involves their lawyer, then you definitely need to hire your own lawyer.

Mr. Davis is also a motorcycle accident lawyer in Miami, FL and is glad to help those involved in motorcycle accidents who are seeking justice for their personal injuries.

If you are in a car accident, follow these steps: seek medical treatment, take pictures, get information from others involved in the accident, get names and numbers of witnesses, and contact your personal injury lawyer.

Contact Our Car Accident Lawyers in Miami, FL Today

Being in a car accident is rough. It causes emotional problems, stress, injuries, damages, and dealing with claims. Contact your personal injury lawyer in Miami, FL today to help you with every step of the way in winning your case.

Automobile Accident: Claim vs Lawsuit

Car Accident Lawyer in North Miami

Things turn out best for people who make the best of the way things turn out.

Automobile Accident Lawyers North Miami

One of the most frequent questions I am asked during initial meetings with new clients is; “how long is my case going to take?” Fair question to which I never have the exact answer. A lot depends on what stage of the case a resolution is reached. Usually at this point in my new client discussion, I explain the difference between making a claim and filing a lawsuit.

Absent a stragic purpose or unusual set of circumstances, my firm usually sends a notice letter to the at-fault party, financially responsible (or vicariously liable) person or entity and their insurance company if known, upon assuming representation. This “notice of representation” letter requests the disclosure of insurance information. Florida has a specific law, Florida Statue 627.4137 that requires insurance companies to disclose information about the existence of insurance coverage.

The “claim” is the presentation of a case to an insurance company or defendant. Following receipt of a representation letter and request for coverage disclosure, an insurance adjuster or third party administrator is usually assigned to the case.

Many times, especially in cases involving automobile accidents, the amount of insurance coverage is not enough to cover the damage or injuries sustained. In these situations, frequently the insurance company will promptly surrender or pay the insurance limits in order to settle or resolve the claim.

Once a relationship is established with a particular insurance adjuster, all correspondence, medical documentation, bills or “specials” are forwarded to this adjuster. In my office, we believe that it is better to send the claims adjuster case materials as they are received rather than waiting until the conclusion of medical care treatment in order to present a demand and provide these materials for the first time. Our thinking is that by continuing to update the claims handler on the progression of our client’s case, they can set higher reserves for future settlement negotiations. Insurance companies try to project what a claim’s value will be at its inception in order to budget or manage their risk. By continually forwarding new case materials such as bills and office notes to an adjuster during the pendency of the claim, the adjuster knows about the nature of the claimant’s injuries and is able to forecast a more realistic case value when the time for negotiations come. It also lets the adjuster know that the law firm is on top of the case and actively handling it.

Automobile Accident Lawyers in North Miami

As North Miami Beach automobile accident lawyers, we are aware that Florida law requires proof of some measure of permanent injury in order to obtain full compensation for our clients. In fact, Florida Statute 627.737 (2) spells out the type of injury or damage that a person involved in an automobile accident needs to sustain in order to recover money damages for pain, suffering, mental anguish and inconvenience. They are as follows: (a) significant and permanent loss of an important bodily function; (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (c) Significant and permanent scarring or disfigurement; [or] (d) death.

This “threshold” of injury or damage is needed to obtain non-economic damages as a result of a car crash. Frequently, it takes some six or more months of medical care, treatment and observation for an injured crash victim to reach maximum medical improvement. This means that before a physician can make a decision on whether or not a patient has sustained a permanent injury, it takes six or more months of care. Insurance companies understand this and typically keep claims files on a 60-90 day diary to update them for status. When the client is finally released from the doctor’s care, we request a final report asking the physician to specify the degree of permanent injury, if any. Upon receipt of the medical records, billing statements, PIP payout sheets, health insurance liens or payment documents, loss wage documentation and any other relevant expenses, we package the same, together with any other evidence in the case such as photographs, 911 recordings, property damage records or any other case materials and submit it to the insurance company adjuster with a settlement demand. Insurance companies like to try and settle claims for the lowest amount they can reasonably get away with.  While each case is unique and no two cases are exactly the same, there is often a generalized range of values that lawyers can agree on. It is important that your car accident attorney has an understanding of what your claim’s value range is. This information can be obtained from a variety of sources starting with case handling experience, jury verdict and settlement reports, discussions with other attorneys, list servs, seminars and reported decisions. The client should be made aware of all settlement offers promptly so that discussions can be had on how to proceed. If negotiations fail to reach a reasonable settlement offer and/or the insurance company denies the claim, a lawsuit is frequently the next step.

A lawsuit begins with a document known as a complaint. A complaint is filed against the at fault persons, firms or entities and is accompanied by the payment of a filing fee with the clerk of courts. Once a lawsuit is filed, it is served upon the defendants by a process server.  Once served, the defendant has 20 days in which to file a response or answer. Now the case is in “litigation”. Discovery is exchanged between the parties in order to gather information. Discovery consists of interrogatories (written questions answered under oath), requests for production (written requests for documents and other materials relating to the case or claim), requests for admissions, requests for inspections or entry upon land, request for examination and depositions to name a few types of discovery. The discovery process can take months or years. Although a case can be “noticed for trial” twenty days after the filing of an answer or last pleading, most cases take longer to get ready. Even when a case is placed on the court’s trial docket, it is frequently not reached or called for trial on the first time up. Court dockets are busy and usually judges schedule trial dockets on 2 or 3 week calendars. Courts try to give older cases priority over newer cases however there are exceptions. Litigation is much more time consuming and expensive than the claims process. Once a case is placed in litigation a judge often dictates the pace at which the case gets resolved. In federal court, judges are far more strict with their time constraints than in state court.

Contact an Automobile Accident Attorney in North Miami

The difference between a claim versus a lawsuit is vast. It is important that a lawyer and  client discuss exactly what the client can expect to happen once the case goes into litigation. For any questions or additional information on claims or lawsuits following car accidents involving personal injury, please contact Jeffrey R. Davis, P.A. for a free consultation. We are car accident lawyers in North Miami and car accident lawyers in North Miami Beach, however we handle all types of claims throughout Florida.

Symptoms of Traumatic Brain Injuries (TBIs)

Traumatic Brain Injuries (TBIs) can have a wide-ranging physical and psychological effects. Several signs and symptoms of Traumatic Brain Injuries may appear immediately after the traumatic event, while others may appear days, weeks, or even months later. Brain injuries can range in scope from mild to severe.

Symptoms of Mild TBI

A person with a mild TBI may experience

  • Headache
  • Confusion
  • Dizziness
  • Ringing in the ears
  • Trouble with memory, concentration, attention
  • Loss of consciousness lasting a few seconds to minutes
  • Sensitivity to light or sound
  • Nausea or vomiting

Symptoms of Moderate or Severe TBI

A person with moderate or severe TBI may have some of the symptoms listed above. In addition, the person may experience any of the following:

  • Constant Headache
  • Repeated vomiting or nausea
  • Slurred speech
  • Convulsions or seizures
  • Enlargement of the pupil (dark center) of one or both eyes
  • Numbness or tingling of arms or legs
  • Loss of coordination
  • Increased confusion, restlessness, or agitation
  • Loss of consciousness lasting a few minutes to hours

A person who suffers a blow to the head or another trauma that may have caused a TBI should seek medical attention.

For more information on TBIs click here.

The Law Offices of Jeffrey R. Davis have over 25 years of experience in dealing with Traumatic Brain Injury cases and personal injury litigation.

If you or a loved one has suffered a TBI or any other injury, contact us for a free consultation or call us at 305-577-3777.

 

Traumatic Brain Injuries

TBIs (Traumatic Brain Injuries) are defined as a blows/jolts to the head or as penetrating head injuries that disrupt the function of the brain. TBIs claim more than 50,000 lives and leave more than 80,000 individuals with lifelong disabilities each year. In addition to the immediate impact a brain injury can have, its long-term effects increase the risk of acquiring crippling neurological disorders, such as Alzheimer’s disease, Parkinson’s disease, and post-traumatic dementia. TBIs occur most often in motor vehicle-traffic accidents, slips and falls, and assaults.

Here are some helpful tips to prevent TBIs:

TBI Prevention Methods:

–       Always wear a seat belt in a motor vehicle

–       Use an appropriate child safety seat or a booster

–       Never drive under the influence of alcohol or drugs

–       Always wear a helmet when on a bicycle or motor vehicle

 

Fall Prevention Methods:

–       Use the rails on stairways

–       Provide adequate lighting, especially on stairs

–       Sit on safe stools

–       Do not place obstacles in walking pathways

For more information on TBIs here.

 

The Law Offices of Jeffrey R. Davis have over 25 years of experience in dealing with Traumatic Brain Injury cases and personal injury litigation.

 

If you or a loved one has suffered a TBI or any other injury, contact us for a free consultation or call us at 305-577-3777.

Personal Injury Attorneys Find GM Flaw

On April 5, 2014 Michael Smerconish of CNN, during his television show Smerconish, clearly explained the importance and validity of the civil justice system during the segment “one last thing.” As many of us have been following, GM is currently in the hot seat with Congress for failing to warn its customers, for over ten (10) years about faulty ignition switches which disabled airbags in Chevrolet Cobalt and Saturn Ion vehicles. It has been discovered that the repair would have only cost GM approximately $.90 per vehicle to remedy the product defect.

Interestingly enough, personal injury attorneys started the investigation that led to the discovery of the faulty ignition switch. Smerconish interviewed the Meltons who lost their daughter, Brook, a 29 year old nurse, in 2010 when her Chevrolet Cobalt shut off while she was driving due to this ignition flaw and she lost power steering, lost control of her car, hit another car and ended up in a creek. As a result of the car accident, Brook’s parents pursued a wrongful death action against GM. Accordingly, their attorneys investigated and hired experts who found that the ignition was faulty – the key switched over from the on position to the accessory position just before the car accident – essentially turning the car off.

Because the Meltons filed their suit, looking for the truth and seeking justice for their daughter, many more lives were saved. Because of their suit GM is now being held accountable by Congress.

This is a great example of how the Civil Justice System continues to work.  It remains a check on businesses and the free enterprise system to continue to produce products that are safe for consumers. Obviously, in this case, the Civil Justice System was more effective that NHTSA (the government agency that regulates car manufacturers) which failed to do much about GM cars’ failures and flaws.

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. We have the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-577-3777. We will be more than happy to discuss with you the merits of your potential claim.

Beware of Facebook, Twitter and Other Social Media

When bringing a personal injury claim, it is important to consider that many private aspects of your life will not remain private. Many insurance defense firms, private investigators, and defendants search and comb through social networking sites such as Facebook, Twitter, and LinkedIn. During the discovery phase of any litigation, most courts will allow the Defense to go through your Instagram, Facebook, and other social network accounts. Just one photograph or video may be taken out of context and destroy or lower the amount of monies awarded.

Recently, a woman who brought a personal injury case in Gwinnett County, Georgia tweeted about her travels and partying during the course of her case. As a result the jury lowered their damages award. The woman, a victim of a car accident, claimed that the injuries she sustained to her arm as a result of the car accident and she was unable to perform her job duties as a hairstylist. However, the Defense attorney provided tweets and pictures of the Plaintiff having fun in New Orleans with her friends and enjoying spring break on the beach. The Plaintiff asked for $1.1 million for her injuries and received $142,000.

What is the insurance and defense attorney looking for in Social Networks?:

  • Pictures of you having fun, showing that you have not been injured, and that you have returned to your normal routine;
  • Videos of you performing acts that you now claim you have difficulty with or cannot do;
  • Statements regarding the incident or accident;
  • Potential friends to interview and depose;
  • To catch you in a lie to damage

If you are involved in any type of legal matter, including a personal injury case here are a list of tips when using social networks:

  • If you can live without Facebook, Instagram, Twitter, LinkedIn, etc. CLOSE DOWN YOUR ACCOUNT. This will be the safest way that you will ensure that you will not damage your case;
  • Set your settings as private as possible;
  • Ask your friends and family to not tag you in any posts or photographs;
  • Do not discuss any aspects of your case on these social networking site;
  • Do not “check-in” anywhere.

In fact, many insurers are not trying to challenge liability as must as causation and whether the victim has a permanent injury.

The Miami based attorneys at Jeffrey R. Davis, P.A. are experienced personal injury attorneys who understand the techniques used by defense attorneys and insurances. The use of social media is just one of the ways that the other side will try to lower the damages awarded to a victim of another’s negligence. If you or a loved have been injured because of the negligence of another, contact us for a free consultation to discuss your potential case.