Florida’s summer season is synonymous with rain. As Floridians, we all know how the weather can turn in a minute’s notice and then suddenly we are caught on the road in the middle of a downpour. Here are some very important safety tips to follow to keep you safe during the rainy season.

• Maintenance: This is the time to make sure your windshield wipers are working properly and check to see if the blades need replacement. Tires need to have sufficient tread depth to prevent your car from hydroplaning at high speed.

• Awareness: We are all guilty of driving subconsciously out of habit. When the rain starts, disconnect from your phone, keep your hands on the wheel, and focus on the surroundings around you. This will keep you more alert and aware of your surroundings.

• Slow Down: This is crucial in torrential downpours. The heavy rains can impair your vision to see out of the front or back windows, so driving slowly will allow you extra time to avoid any sudden stops by the car in front of you.

• Headlights: This will help not only you see ahead of you in the storm, but it will help the person in front and back of you as well. 

• Hazards: It is ILLEGAL in the state of Florida to drive with your hazards on. Drive with your low beams instead to alert the drivers around you.

• Pull Over: If the conditions are such that you have no visibility, slow down and pull over to your nearest parking lot. It is very dangerous to pull over on a highway as other moving cars might not see you, so proceed to your next exit, and then wait out the storm to avoid a potential accident.

• Sunglasses: Actually wearing your sunglasses during a rainstorm has shown to be effective in reducing glare and increasing your vision.

Driving in the rain does not have to be anxiety provoking. Staying in control and following the necessary precautions will keep you safer on the road and prevent accidents.

1. STOP AND PROTECT THE SCENE:
Florida law requires the driver involved in an accident to stop at the scene. You should make sure you don’t block any traffic. It is essential that you carefully note the positions of any vehicles involved in the accident. Try to take pictures of the vehicles before they are moved if safe to do so. The use of your car’s four-way flashers can help provide warning to other drivers of the accident scene.

2. ASSIST THE INJURED:
Your first responsibility in the event of an accident is to find out if anyone is hurt. If someone is seriously injured, call 911 immediately. You are required to provide the injured person all the reasonable assistance. However, you should not attempt to provide treatment for injuries yourself unless you are trained in first aid.

3. CALL AN OFFICER:
Florida law requires that the driver involved in an accident resulting in personal injury immediately contact the police. Even where there are no apparent injuries, it is advisable to contact the police immediately so that the officer can investigate the accident promptly. An official report may greatly assist you later if any claim of liability is made.

4. DO NOT COMMENT:
With the exception of your exchange of required information, you should NOT comment on the accident. Keep your notes and opinions to yourself. Do not admit you were wrong or careless. Such admissions, made in the tension and excitement of the moment, may be inaccurate and could turn out to be costly. If the accident was a serious one, you should consult a lawyer as soon as possible before arriving at any agreements with anyone. A plea of guilty to a traffic charge may sometimes be used against you in a lawsuit to establish your civil liability for damages.

5. OBTAIN WITNESSES, TAKE NOTES AND PHOTOS:
Get the names, addresses, and phone numbers of all the witnesses. Use your phone to photograph drivers’ licenses, business cards, and other identifying information. Keep a pencil and pad in your car so you will be able to make necessary notes. Again photograph the scene or sketch a diagram and note skid marks, broken glass, positions of the cars, and location of damage.

6. CALL US AT (954) 227-2000:
We are here to answer your questions and assist you.

The Law Office of Steven D. Elias would like to wish you and your family a very happy and healthy holiday and new year.  A very important reminder during the holiday season: DON’T DRINK AND DRIVE! It is statistically proven that drinking alcohol dramatically increases your chances of being in a car accident. According to the Florida Department of Motor Vehicles, once you sign your driver’s license, you are agreeing to the “IMPLIED CONSENT LAW,” which means that if you are pulled over and the officer asks you to take a blood, urine, or breath test, you are required to comply. A refusal to take this test will automatically result in an 18-month suspension of your license. The legal limit for drivers over the age of 21 is .08. Driving while under the influence is not only a serious offense, but a huge financial burden which includes court fines, legal defense, and increased auto insurance premiums.

Always choose your designated driver ahead of time or use apps such as Uber and Lyft.  A little precaution goes a long way. Again, the Law Office of Steven D. Elias wish you a very happy and most importantly a safe holiday season.

With the onset of social media blasting its way throughout our modern culture via applications such as Facebook, Instagram, Twitter, and Snapchat, the days of privacy are now relics of the past. What we all think is a fun way of sharing our world with our friends and family, unfortunately, has now become a treasure trove of evidence for insurance defense attorneys in personal injury cases. The law allows within certain guidelines a person’s posts on their social media to be admitted into evidence. For example, if you are involved in a car accident and are claiming permanent injuries from the accident, the insurance company’s attorneys will not only look at your social media posts but will make you produce screenshots usually going back years. The attorneys for the insurance companies will then ask the judge to have them admitted into evidence in an effort to prove that you are not as injured as you may claim. Of course, this does not mean you should never post on social media, rather you should always be aware that what you show to the world is never private and can be used against you.

Privacy settings on the various apps WILL NOT protect you against defense lawyers trying to gain access to your user profiles and postings. This also includes being “tagged” by your friends. Even an innocent post from a party with friends with drinks in hand could be damaging.

FLORIDA COURTS HAVE RULED THAT SOCIAL MEDIA IS DISCOVERABLE, SO REMEMBER EVERY TIME YOU POST IT MAY BE PRESENTED IN A COURT CASE, INCLUDING PHOTOS, COMMENTS, TAGS, AND LOCATIONS.