Experienced Sunrise Car Accident Lawyer

Serving Accident Victims in the Sunrise, West Palm Beach and Ft. Lauderdale Areas

We all want to feel safe on the roads. As a driver or as a passenger in a truck or car (even on a bicycle), we want to believe that others are driving responsibly and paying attention to those who are sharing the roadways.  Unfortunately, this is simply not always the case; in fact, it’s frequently not the case.

woman inured in car crash

You may ask yourself: Is it safe to drive in Ft. Lauderdale, Florida?

According to the National Highway Traffic Safety Administration in a report on Florida Accidents, the answer is NO.

The Traffic Safety Report for 2005 was recently released, and the news is not good.

According to the report there were 3,543 car accident fatalities in Florida in 2005. That’s 19.9 deaths per 100,000 people in the state, which is well above the national average of 14.7 deaths per 100,000 people.

As the most populated sections in Florida, it shouldn’t surprise anyone that Miami-Dade and Broward Counties have accounted for the most accidents and fatalities. Miami-Dade had 335 deaths and Broward County had 263.

The one positive thing that you can say about these numbers is that they pale in comparison to the number of non-fatal injuries caused by car accidents in our state. According to a report by the Florida Department of Highway Safety and Motor Vehicles, our state had 252,902 car crashes in 2004, which caused over 227,192 non-fatal injuries. Admittedly, many of those injuries were minor, but keep in mind that paralysis, dismemberment, broken bones, or brain injuries are all considered “non-fatal.”

These sorts of injuries can happen in the blink of an eye. Safe drivers, like yourself, can become victims of those drivers who are negligent, distracted, reckless, or intoxicated. It’s an unfortunate truth that, sometimes, no amount of safe driving on your part can prevent these accidents from happening.

When such injuries occur, the first step, of course, is to seek the medical treatment that you need. Even injuries that may seem fairly minor at first can worsen quickly without prompt medical attention. After seeking medical care, your next step should be to give us a call. It’s very important to hire a proven Sunrise car accident lawyer who can fight for your fair compensation.

Being involved in a Sunrise FL car accident of this nature can significantly change your life emotionally, physically, and financially. We want to help.

Sunrise car accident lawyer - 3 car crashIf you’ve been involved in an accident that was caused by someone else’s negligence, you need to understand and promptly assert your right to damages. However, when you’re injured, you need to be able to focus on healing instead of spending your time trying to fight with an insurance company to recover benefits or trying to navigate a difficult and complex legal maze to receive the compensation you deserve. We’d love the opportunity to put our knowledge to work for you and to fight on your behalf.

If you have ever wondered why the insurance premiums here in South Florida are so high, it appears that the answers are in these numbers. But with so much daily, weekly and monthly revenue coming in from those premium checks, you would think that your insurance company would be able to quickly and efficiently handle an auto accident claim. If you’re paying some of the highest insurance premiums in the country then surely money isn’t an issue, right?

Wrong!

The truth is that insurance companies are not in the business of writing big checks. They have no problems with the cash flow coming in, but sending it out is a different story. They especially don’t like paying for extended hospital stays, severe injuries, or injuries that require long-term medical care due to auto accidents and other injuries. And even though Florida has “No-Fault Laws” that require that your insurance company pays your claim regardless of whether or not the fault was yours, that’s still no guarantee that your insurance company will simply pay off your medical bills, property damage, or long-term care. Hiring an experienced Sunrise car accident attorney can make a big difference in how insurance companies respond.

Common Insurance Company Negotiating Tactics

Insurance claims adjusters carry an invisible bag of tricks to every negotiating session – especially when the claimant is not represented by a car accident lawyer. Following are a few of the hundreds of tricks that are commonly used by insurance companies:

  • The insurance company agrees to accept liability and you seek treatment. After you rack up large medical bills, they refuse to cover most of your expenses for this reason or that.
  • The adjuster gives you an arbitrary deadline to accept a paltry settlement. This deadline is designed to deny you the time you need to calculate how much your claim is actually worth. Because of the pressure, you panic and accept far less than you actually deserve.
  • They tell you that you don’t need a car accident lawyer in Sunrise because they are “on your side.”
  • They delay resolving your claim one step at a time, hoping to lull you into missing the statute of limitations deadline for filing a lawsuit. If you miss the deadline, your claim will become worthless.
  • Your insurance company may ask, “How are you today?” To be polite, you answer, “I’m fine.” Often, insurance companies will then argue: “If you’re fine, then your injuries must not be as serious as you are claiming.” You should be very, very careful what you say. Unfortunately, without expert legal knowledge, it’s hard to know exactly what is and isn’t the right thing to say. Hiring an experienced Sunrise car accident lawyer can make a huge difference.

We are on the Same Side – I Don’t Make a Dime Unless You Do

man suffering from whip lash after a car accidentWhen dealing with an insurance company, you face an inherent conflict of interest –they make money by accepting premiums, not by paying claims. With me, it’s just the opposite. As a Sunrise car accident attorney, I will not charge you a dime until and unless you receive compensation in the form of a settlement or a court decision. In other words, I only make money if you do. This puts us on the same side – and on the opposite side of the insurance company.

A Word from One of Our Clients

I had a wonderful experience with this office. It started when I had a car accident and the person left the scene. I contacted Mr. Benenfeld and he was great and helped me through everything. Always can count on him and his office. Did a great job for me and my family! Thank you for caring. I would not trust anyone else!
— Beatriz Forbes

Some of My Practice Areas

In addition to auto accident cases, I also frequently take the following kinds of cases:

Don’t Settle for Mediocrity

Any Sunrise FL car accident lawyer who has passed the bar exam and been admitted to practice can start a firm and practice in almost any field of law he or she wishes, with or without any actual experience. Even many experienced attorneys operate “buffet” practices where they dabble in many different fields of law. My practice is devoted solely to personal injury and workers’ compensation law – and I always represent injured parties – never insurance companies.

The Time to Act is Now

David M. Benenfeld has been showered with awards and recognition from peers and clients. He maintains an “A+” rating from the Better Business Bureau and a “Superb” AVVO rating. In fact, he has won the AVVO Clients’ Choice Award for four consecutive years.  David M. Benenfeld has also been admitted to the Million Dollar Advocate Forum along with fewer than one percent of all lawyers. I have the experience and knowledge that you need in your corner. I’m approachable and compassionate, yet aggressive when the situation calls for it. I am practical, streetwise, and savvy when it comes to understanding the law and how best to fight for your rights. I have successfully litigated thousands of cases, and I would be honored to help you with yours.

Contact our Highly Experienced Sunrise Car Accident Lawyer

If you have been injured in a Sunrise Florida car accident, or if your loved one has been killed in such an accident, call your Sunrise car accident attorney David M. Benenfeld at 954-677-0155, or complete the online contact form so that we can schedule a free consultation. Call us immediately. Don’t delay even one more day in taking the first step toward fighting for the compensation you deserve.

Video Resources

Car Accidents FAQ

My teen son was injured by a driver who ran a red light, but he was texting right before the crash at a stop light. Do we still have a case?

Yes, you should be able to bring a claim against the other driver for running a red light. The other driver acted reckless and running a red light is against the law. For this reason, your teenage son was the victim, and victims have legal rights to seek financial compensation for their medical bills, other losses, and pain and suffering.


More than likely there will be witnesses who will be willing to testify in your son’s case that the other driver was reckless, which was the cause of the car crash. Even if no witness came forward to testify, there could be video surveillance or the other driver might admit fault. The only time your son’s texting might be brought up is if the other driver denies running a red light, and the insurance company for the other side requests your son’s cell phone logs.


This is why it is important to have an experienced personal injury attorney on your case from the very beginning so the other side knows you mean business and you mean to hold the reckless driver accountable. For help with your case, please contact the Law Offices of David Benenfeld at (954) 677-0155 for a complimentary consultation today.

How does the insurance adjuster decide what to offer me initially after a car accident?

Insurance adjusters are trained to settle cases for the insurance company for as little money as possible. This means that they will start assigning a value to your case from the very beginning when they ask questions to find out whether you are hurt or to learn more about your injury.


If you are complaining of a back ache, bruises, and a headache but haven’t gone to the doctor, the insurance claims adjuster may attempt to settle your case quickly before you know the full extent of your injuries. While the adjuster may not have any grounds to base his offer on, he may present an offer to you of $1,500 or more — hoping you will agree and they will settle and close the case. While it may seem like a lot of money, it is important to always see a doctor and find out the extent of your injuries before agreeing to any settlement offer.


If you have visited the emergency room or your primary doctor after a car accident, the insurance company will try to get a copy of your medical records and history in order to learn about the extent of your current injuries and whether or not you had similar injuries in the past. They will request additional documents such as proof of earnings and tax returns to calculate these things in order to make a settlement offer.


If you have any questions about what your case is worth or if the insurance adjuster is making a fair settlement offer, please call the Law Offices of David Benenfeld at (954) 677-0155 to speak with a trusted personal injury lawyer in a complimentary consultation today.

Do I need a police report prior to contacting a personal injury lawyer?

No. There is no need to wait to for a police report before making contact with me or any personal injury lawyer. Attorneys can request a copy of your police report; however, it is important that you do make a police report following a crash in Florida.


Police officers may have arrived on the scene of your car accident. If so, you probably do not need to file a written statement about the accident because a law enforcement officer most likely investigated your crash and will make a written report. However, if no investigation was done or if there were any injuries, fatalities or damages above $500, you must report the accident within 10 days to the Florida DMV.


Because there is a lot at stake following a car crash, it is good to make sure you are doing everything correctly so that you aren’t barred from making a personal injury claim for your damages. For help with your car accident claim, contact the Law Offices of David Benenfeld for a complimentary consultation today at (954) 677-0155.

What should I do after being in a car accident over the Labor Day weekend?

Whenever a car crash occurs, it can shake up everyone involved. In fact, nerves get rattled and adrenaline pumps throughout the body, which is why it can cause peopleinvolved in collisions to not even think straight. As a result, many people forget what to do following a traffic accident — especially one that occurs over a holiday weekend when people might be traveling away from home.


Whether your Labor Day crash took place out of town or close by your home, it is important to do the same things, such as:



  • Exchange contact and insurance information with the other driver

  • Take pictures of all the damage done to all vehicles involved

  • Call the police to make an accident report

  • Seek medical treatment, even if your injuries are minor

  • Refrain from making any posts on social media sites during this time

  • Do not agree to provide a recorded statement or medical authorization form to the other driver’s insurance company

  • Contact a personal injury lawyer, especially if you have injuries


While you should follow all of these tips after a crash, the most important thing you can do for your potential car accident claim is see a doctor within 14 days to get a thorough medical examination.


If you suffered a serious injury, you need to make sure you are being represented by an injury lawyer who will take your claim seriously and negotiate with the insurance company to the fullest. For help with your claim, contact the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation today.

The defense lawyer in my car crash case is asking for my complete medical records. Is it really that big of deal to agree to this?

Yes. The defense will do everything they can to limit their liability. This means that if you are currently complaining of a back pain after a crash and they find that you mentioned to your doctor that you were experiencing backaches several years ago, they will try and point the blame for your current injury on something that happened in the past.


Nothing good can come out of the defense poking their nose into your medical records. It’s a fishing expedition for them, and they are hoping they find something in your medical history that can help them wash their hands of liability.


Even if you don’t think there is anything in your past medical history that would hurt your car accident injury claim, you never know. You might not have remembered something you said to a doctor at one point or that something you mentioned was put in your file. It is best not to give the defense access to your medical records.


If you would like additional tips or help negotiating your case with the defense, you can read the articles and blogs on this website or call me for a free initial consultation today at (954) 677-0155.

I've heard that most people settle their cases outside of court. If this is the case, why do I need to hire an attorney?

If you have been injured in a car accident, truck accident, pedestrian accident, motorcycle accident, or slip and fall accident, you may be tempted to settle your injury case on your own. After all, no one knows the details of the accident and your injury better than you. But before you proceed down this road on your own, it is important to understand why people hire personal injury lawyers.


If you have a relatively small injury and minor damage to your vehicle, you may be better off handling your own settlement; however, if the crash landed you in the hospital or required surgery or time off work, you may need to reconsider settling your case with a lawyer.


Lawyers who handle personal injury claims know how to conduct research, prepare documents, send a quality demand package to the insurer, hire correct experts, and prepare you for every step along the way. In addition, skilled personal injury lawyers know what a particular type of case is worth, how to negotiate with insurance companies, and show the insurer you mean business.


Although an attorney will take a legal fee for helping you win your case, most likely the settlement you get with the help of an attorney will surpass the settlement the insurance company will offer you on your own. Most personal injury attorneys provide free consultations, so you have nothing to lose and everything to gain. For a free case consultation, contact the Law Offices of David Benenfeld today at (954) 677-0155 to speak with a car accident attorney in South Florida.

I was hit when a car rear-ended my vehicle because my brakes suddenly slowed my car down for no reason. Can I sue the manufacturer even if there isn't a recall out about this issue?

You might be able to depending on an investigation of your vehicle or if there is a known issue with your car. For example, Fiat Chrysler Automobiles is currently being investigated for a mysterious braking issue with its 2014 Jeep Grand Cherokees. There have been several consumers who have complained about their brakes slowing their vehicles down for no reason and almost causing them to be hit from behind or involved in crashes.


The mysterious braking is probably due to a problem with the technology that is used in these vehicles, which is supposed to help drivers avoid collisions and not cause them. If it is determined that there is a defect with the technology, you should be able to bring a lawsuit against the auto manufacturer for your damages and losses.


There are many other vehicles on the market that use the same or similar hazard detection technology, which means there are several vehicles that could potentially have technology problems that could also lead to mysterious braking and collisions.


To find out if you do or don’t have a valid claim, more details about your crash are needed. Please call us today for a free consultation and speak with personal injury attorney David Benenfeld at (954) 677-0155.

My son was injured while walking to a school bus stop because the stop is in a dangerous location. Who is responsible?

It is possible that the school district and school board are liable in this matter if they failed to provide a safe school bus stop. It is important that school buses stop in safe locations so that children aren’t put at risk and suffer needless injuries.


On the other hand, if your child was injured as a pedestrian by a driver, it is possible the driver was negligent and is to blame. Sometimes drivers are texting, eating, talking on their cell phones or distracted in another way at the wheel that they fail to see small children crossing the street. Also, if a driver ran a stop sign or was speeding, the driver would be to blame.


Because your child’s pedestrian accident and injury could be complicated due to the unsafe bus stop, it is best for us to talk about the details of your case to advise you properly. The Law Offices of David Benenfeld will gladly speak with you in a free, no-obligation consultation and answer your questions. Call today at (954) 677-0155 and learn more about your legal rights from a trusted accident attorney in South Florida.

We know children can get injured on the way to school. What can we do to help our children stay safe?

There is a lot parents can do to equip their children for a safe journey to and from school. Here are some ways your children can avoid hazards, depending on the mode of transportation (i.e. taking the bus, walking to school, riding a bike to school).



  • Taking the bus. The biggest concern when taking the bus is during the loading and unloading of students. To make sure your children are safe, talk to them about good bus safety, such as: walking to the bus with someone else, arriving to the bus stop five minutes ahead of the scheduled departure time, walking in front of the bus only, making sure they have the bus driver’s attention, and always look both ways before crossing the street.

  • Walking to school. When children go to school on foot, make sure your children are taking the safest route possible. By walking the route yourself, you may be able to point out hazards and give pointers to your children. Also, make sure your children are walking with an adult or other children, as it is easier for drivers to spot a group of kids over an individual child.

  • Biking to school. Make sure your child wears a bicycle helmet and bright clothing. Also, it is important that your child rides to school with an adult or other children; children under the age of nine should never ride without adult supervision. Teach your children to use hand signals when turning and to always stop at intersections and look both ways before riding across a street.


Even if you have done your part and your child was being safe on his or her way to school, a negligent driver could cause your child serious harm. If your son or daughter was in a bus accident, pedestrian accident or bicycle accident on the way to or from school, you need to talk with a personal injury lawyer today. Contact the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation today.

Do I have a legal case for my injuries even if I was driving a car I don't own?

You should have a right to a legal case, even if you don’t own the car you were driving. If someone else caused the car accident, you can make a claim against that person’s insurance company for all your damages. Because cases can take a while and you may need to pay your medical bills, you might need to immediately file a claim for medical payments coverage with the owner of the car’s insurance company.


If your injuries are serious, you may need all the coverage you can get to cover your damages. Your own insurance policy may also cover you, especially in the case of an uninsured motorist. It is not uncommon that there could be more than one insurance policy needed in covering your damages. Because each policy has limits and your damages could exceed those limits, one policy may be primary and the other could be secondary or excess coverage that will kick in once the limits have been reached on the primary policy.


When dealing with multiple policies, it can get confusing. This is why it is in your best interest to hire a knowledgeable personal injury lawyer to handle your claim. This way you can rest assured knowing you will be getting the most compensation possible. For legal help with your car accident claim in Florida, contact the Law Offices of David Benenfeld today at (954) 677-0155 for a free consultation with a trusted injury lawyer.

Do I have legal rights after an accident while driving a rental car?

Just because you got into an accident while in a rental car doesn’t mean you don’t have any legal rights. You probably have coverage that you might not even be aware of, such as:



  • Rental car coverage. You may have added some extra amount of insurance when you rented a car. Check your rental contract or call the rental car company to see what is and isn’t covered.

  • Car insurance. If you have car insurance, you more than likely have some type of coverage in the event you have an accident while you are driving a rental car. Check your policy for such coverage.

  • Credit card. If you made your rental car reservation on a credit card, the credit card might offer some protection.


After pursuing these options, you may still owe deductibles and other miscellaneous amounts. However, if another driver was at fault, you shouldn’t be on the hook for any out-of-pocket expenses. You may need to pursue a legal claim in order to collect the damages you are due.


To learn more about your rights, contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with an experienced South Florida accident attorney in a free consultation.

My teenage daughter was injured in an auto accident. Another driver was at fault; however, she sent a text message just moments before the crash at a stop light. Does she have a case?

The law in Florida bans texting while driving; however, cars that are stationary are not subject to the law. This means that if your daughter sent a text message while sitting at a red light or stopped in traffic, she complies with the law and probably has a valid personal injury claim for damages.


Because the car accident involved a personal injury, your daughter’s cell phone records could be used by the other side as evidence to establish negligence on the part of your daughter. This is why it is very important that the time of the accident was noted, and witnesses come forward to testify.


If the other driver was at fault for the car crash, there will be some sort of proof that a skilled personal injury lawyer will find. Because time is of the essence — since it is possible that evidence can disappear — you should contact a car accident lawyer in Sunrise, FL today. For a free initial consultation, please contact the Law Offices of David Benenfeld at (954) 677-0155 today.

What can I do as a teenager to try and get my friend to stop texting while driving?

Although it can be frightening to speak up and confront your friend about doing something dangerous, it is your life and future at stake. It’s important to take a stance on something like distracted driving because you can help make a difference and save your friend’s life, your own life, and even other innocent motorists sharing the road driving next to your friend.


Here are a few ways you can help your friend realize she or he shouldn’t be texting at the wheel.



  • Take the distraction-free driving pledge and share the link via your Facebook page.

  • Change your social media profile picture to “One Text or Call Could Wreck It All.”

  • Hang up distracted driving posters and cell-free driving pledge forms around your school.

  • Speak up when you see your friends using a cell phone while driving. Ask them to wait until the car is stopped, or ask them if you can text for them.


By doing these things, you can help make a difference and hopefully get your friend and others to stop texting while driving.


If you are ever injured in a car accident caused by a distracted driver, make sure you seek legal advice. Hopefully that day will never come but if it does, please feel free to call the Law Offices of David Benenfeld at (954) 677-0155 to speak with a Sunrise auto accident attorney in a free initial consultation.

How long will it take to settle a car accident claim involving an injury?

Because no two cases are the same, the answer to this question won’t be the same for everyone. While some cases can settle within weeks, others can take years. Typically, the cases that settle quickly are those in which people accept the insurance company’s first offer. If victims of auto accidents negotiate with the insurance company or get an attorney involved, the settlement process will be longer.


During this time, the insurance company will want to review all of your medical records and determine if you will need ongoing medical care. The only way they can determine this and assess your claim correctly is if the extent of your injuries are known. This means that your case can’t settle until your injuries are healed or you reach maximum medical improvement. Once that is determined, then your claim can be evaluated.


Once you’ve reached maximum medical improvement, your case could be settled within a couple of months. However, if the insurance company isn’t being fair with their offer, your case could go to trial, which could take a lot longer.


In order to get a better idea of the time frame you will be looking at regarding your specific injury claim, call the Law Offices of David Benenfeld today at (954) 677-0155 to speak with a Sunrise auto accident lawyer in a free consultation today.

I was badly injured by a drunk driver and am still at the hospital. Shouldn't I wait until my injuries heal to talk with a lawyer about my case?

While you shouldn’t accept a settlement offer until your injuries are healed and you know the full extent of your injuries, it is still wise to get a lawyer involved immediately. If you suffered serious injuries, your case is serious and a skilled lawyer will treat it that way.


Although time can help heal injuries, time can also cause evidence to disappear and may make memories foggy. It is always best when you know you have a valid legal case to get a lawyer involved right away so that attorney can start preparing your case from the very beginning. This way, you can focus on healing and your lawyer can focus on making sure you get the best possible settlement.


To speak with a skilled accident attorney in Sunrise, FL, contact the Law Offices of David Benenfeld at (954) 677-0155 for a free, no-obligation case consultation today.

Should I see a doctor if I'm having nightmares after a car crash?

Many people suffer from flashbacks or experience nightmares following a car crash. While some of this is normal and is only temporary, other people end up suffering from nightmares and feelings of fear and anxiety for a long time. Because you don’t know if you are in the group of people who will experience these nightmares temporarily or long-term, it is always wise to seek medical attention.


Nightmares and frequent flashbacks of a car wreck could indicate Post-Traumatic Stress Disorder (PTSD). Because diagnosing PTSD after a crash can be difficult to detect, you need to tell your doctor about your nightmares and if you are experiencing any other symptoms such as anxiety, fear, anger, memory problems, emotional numbness.


If you are suffering from PTSD, seeking therapy as soon as possible can help in your mental and emotional recovery. Because getting professional help can be expensive, you should pursue financial compensation to cover your costs of therapy. You shouldn’t have to suffer mentally and financially for someone else’s negligence.


If you would like to learn more about pursuing a personal injury claim after a car accident that caused you psychological trauma, you can contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with a South Florida accident attorney in a free consultation today.

What Should Someone Not Do When They Have Been In An Auto Accident?

Someone who has been in an auto accident should not give any written or recorded statements to the insurance company and they should never settle their claim without knowing the full extent and value of their damages.


Not giving statements to insurance companies is important because adjusters usually call right after an accident, and the victim may not know everything that’s wrong with them immediately after the accident. They might have some head or back pain at the time they make their recorded sworn statement, but then two to three days later, their medical problems get a lot worse, and the insurance company might refuse further medical care because of their recorded statement. They may also find it difficult or impossible to be adequately compensated for all of their injuries because of that recorded sworn statement.


Another reason to not give a statement to insurance adjusters is because they may give details about the accident itself that may not match other statements made by them or other people, and which could be used against them later. Statements should absolutely never be given.


Sometimes, an insurance company may even harass the person right after the accident and ask them to sign a release for a small amount of money, and they should always refuse that offer. No one can possibly know the extent of their injuries or damages immediately after an accident, and once you accept that money and sign a release, you have signed away your right to sue them and recover anything above whatever they hand you, whether it’s $500 or $2000. No one should ever sign any documentation for an insurance carrier without properly understanding the ramifications.


Beginning at the time of the accident, victims should try to get pictures of everything they can, including the accident scene and the damage to all vehicles. Pictures are very important and can make a huge difference in an auto accident case, especially if the damage to the car was significant, such as if it was crushed, or the wheels were turned sideways or popped off, or the Jaws of Life had to be used to rip the roof off. Pictures can also depict weather conditions, and where the vehicles were positioned after the accident, all of which can help the accident reconstructionist recreate how the accident happened.


People should also collect the addresses and phone numbers of possible witnesses and document their injuries. In short, they should collect every bit of evidence necessary to prosecute their claim. It’s also important to get medical care within 14 days of the accident, so as to not lose their no-fault benefits in the State of Florida, which could mean up to $10,000 worth of benefits lost.


And of course, it’s very important to contact an attorney experienced in personal injury law as soon as possible after the accident in order to avoid common mistakes. Contact the Law Offices of David M. Benenfeld to get the representation you deserve.

If An Accident Is 'Your Fault' Can You Still Get Compensation?

In Florida, if an accident was entirely the person’s own fault, the only way they can be compensated for the accident would be through their no-fault insurance coverage or PIP coverage. The no-fault insurance coverage would pay up to 80% of the medical bills and up to 60% of lost wages up to $10,000 each, as long as the person had sought emergency medical care within 14 days after the accident. Someone with an insurance policy has this coverage as long as they’re driving a car in the State of Florida.


However, as far as getting a settlement if they were 100% at fault in the accident, the likelihood is, they could never recover anything except for their no-fault benefits.


You need an experienced attorney to address the legal issues following a car wreck. Contact David M. Benenfeld, P.A. to schedule a free consultation.

What Happens If Someone Gets Into An Accident With The Wrong Person?

Any accident is technically with the wrong person, because that’s the nature of accidents; however, the worst person to be involved in an accident is someone without insurance coverage. In cases like those, in the state of Florida, it is vitally important that the victim be carrying as part of their insurance policy, “Uninsured Motorist” coverage. If someone had a car accident with a party without insurance coverage, then this coverage would allow them to get money for the injuries they sustained in the accident anyway.


Additionally, if someone had insurance but did not have enough bodily injury liability coverage, that coverage would allow them to recover the appropriate amount of money for their damages, including pain and suffering, medical bills and lost wages.


Contact the Offices of David M. Benenfeld P.A. to speak to an experienced attorney.

Are Insurance Companies Evil?

Insurance companies, like any other business, exist to make a profit, so their goal on every claim is to pay as little as possible, whereas our goal as attorneys representing the client is to get as much as possible for the claim. Therefore, whether or not insurance companies should be considered evil depends on the person’s viewpoint and on how the insurance adjuster evaluates the claim.


Some insurance companies are notorious for approaching an accident victim immediately after an accident and offering a couple hundred dollars to settle. Whether or not this was evil depends on perspective; if they are strapped for cash, and decided to accept a small amount of money to sign a release, who’s at fault? If a person is the victim of an accident and they decide to sign away all rights the next day, before they know the extent of their injuries, because the insurance company offered them some money, it’s understandable, but is it all the insurance company’s fault?


Not everyone knows they’re seriously injured in the first day or two after an accident; some injuries may not even show up for a couple of days or even a week after an accident, so when an insurance company offers you some money to settle a claim immediately, they are trying to save themselves some money. Each person has to draw their own conclusion regarding their opinion about insurance companies, but they should talk to a lawyer before signing on the dotted line and taking a check.


If you’ve been in an accident, it can be complicated to work things out fairly with insurance companies. Contact us for help navigating through the insurance and legal systems. We can help you get the compensation you deserve.

How Do Courts Decide How Much Someone Would Get For Their Auto Accident?

How much someone will recover for their accident depends on a number of factors, such as how the accident happened, whether they partially caused the accident, whether they were wearing their seatbelt and whether they were speeding and whether there was anything the person could have done to avoid the accident or the injuries. If they could have moved out of the way but did not or if they chose not to wear a seatbelt, the value of the claim may be reduced.


For us, we will also look at damages, including the extent of their injuries and their course of medical care with a doctor, as well as the amount of insurance is available from the other side. Once we have that information, as well as all of the available evidence, we will file a claim with the insurance carrier, which will then make a settlement offer.


The person then has to decide if the settlement offer was fair and, if it wasn’t, decide whether or not to file a lawsuit. If that happens, they would then have to present their case to a jury, who will ultimately determine the value of the claim, taking into account all of the facts of the case, as well as the damages they suffered, the pain and suffering and everything else, to determine the value of the claim. Insurance companies base the value of the claims on what juries would generally have awarded in that specific geographic area; a claim in South Florida is worth something entirely different than a claim in Idaho because people in Idaho think about pain and suffering and damages differently than people in South Florida.


Contact the Offices of David M. Benenfeld before you go to court. We can provide legal representation and make sure you get the compensation you deserve.

How Long Is Too Long To See The Doctor After An Accident?

How long an accident victim has to see a doctor will depend greatly on the type of injury they suffered; for example, if someone saw a doctor because their neck had been hurting for years probably waited too long. In most cases, you should see a doctor as soon as possible after an accident, even if it’s just to find out there’s nothing wrong and they were in good health.


If the accident victim is injured, a doctor may take x-rays or do an MRI and assign physical therapy, a chiropractor may make adjustments, or perhaps the injured person will just need a few medications, depending on the injuries and what the medical professionals thought was necessary. Of course, it’s also possible the injured person might need major surgery and physical therapy; whatever the person needs they should get, and the sooner the better; waiting to receive necessary medical treatment should not be an option.


Each injury is unique and compensation can be different depending on its severity. Contact Attorney David M. Benenfeld to discuss your accident or injury. He can help you get the compensation you deserve.

Is It Worth It To Hire An Auto Accident Lawyer?

Statistics show that the amount recovered will be far higher for someone who had an auto accident and hired the right attorney than it will be for someone who tried to handle their case without a lawyer, or with the wrong lawyer. People with auto accident claims who handle their cases themselves tend to get stuck in the legal process, because they don’t understand it.


Lawyers in auto accident cases do quite a lot; they deal with insurance adjusters for both sides, process no-fault applications and they talk to witnesses and take statements, but they also make sure the accident victim gets the proper medical care and that their injuries are fully and accurately documented. They also review their medical records, not just to make sure they were receiving the proper care, but also to make sure the doctors properly coded the treatment, so the insurance carrier can properly evaluate the claim, and they compile all of the evidence for the accident, including pictures of the accident scene and the damage to all vehicles involved in the accident.


Although it’s possible for an accident victim to do all of this without a lawyer, they would end up being penny wise and pound foolish, because the chance that they will do all of this the right way is pretty slim. They won’t know the proper things to say to the insurance adjusters or the proper evidence to gather because they won’t know how an insurance carrier evaluates a claim; it’s entirely possible that a statement they make to the insurance company could end up hurting them. Additionally, the average person won’t know how to deal with all of the medical examinations and the medical records properly, especially with regard to prior accidents and injuries and preexisting problems.


In the end, an experienced auto accident lawyer will know how to evaluate the case and what a proper recovery would be which includes compensation for injuries and economic loss. This would include any time they may have missed from work, which means they may have to get the proper documentation from their employer and they may have to hire an accountant or economic expert to get involved, as well as a vocational expert. It would be very difficult for the average person to deal with an auto accident case unless they were used to it.


It’s important to hire the right auto accident lawyer; one with a lot of experience in handling auto accident cases and with a track record of addressing all of the problems that may come up and fixing them. Also, make sure the attorney is available to answer any questions they may have. So call our offices today to speak with an experienced attorney who can handle your case.

My son works a swing shift and is constantly tired. I'm afraid for his safety and want to talk to him about drowsy driving. What should I tell him?

You have every right to worry about him, as shift workers are one of the at-risk groups for drowsy driving, according to the AAA Foundation. In fact, shift workers are twice as likely to fall asleep while driving, reveals the Sleep in America poll by the National Sleep Foundation.


This is due to the fact that shift workers never fully adjust to the hours they work because the human body is designed to sleep when it is dark and awake when it is light outside. As a result, people who are awake between the hours of midnight and 6 a.m. often feel sleepy and are more likely to be involved in a sleep-related traffic accident.


If possible, your son should try to take short naps when he can break during his shift. Also, he should take a walk or do something active before getting in his car to drive home after his shift. If he is feeling tired, he should ask someone to drive him home or take public transportation. When he is off of work, he should try to get eight hours of sleep per day and stick to the same schedule that he has during the work week.


It is a good idea to discuss some of these strategies with your son and let him know the seriousness of drowsy driving so that you can help reduce his chances of being involved in a drowsy driving accident.


If you or a loved one is injured by another driver’s negligence, you should seek legal advice. At the Law Offices of David Benenfeld, we welcome your call and will provide you with a free initial consultation. Call us at (954) 677-0155 to speak with an experienced accident attorney in Sunrise, FL.

As a passenger, how can I tell if a driver is driving while tired?

If you are a passenger in someone else’s car, there may be a way to tell if the driver is sleepy. Here are some warning signs that the driver may be driving drowsy:



  • Frequent yawning

  • Constant blinking and rubbing of the eyes

  • Tailgating

  • Driving on the rumble strip

  • Weaving inside your lane

  • Drifting from the lane into another or to the side of the road


Even if you don’t see these visible signs, the driver might tell you he or she is feeling tired and may put down the windows or stop off to get some coffee or soda. It is important to note that these efforts won’t help a person from falling asleep at the wheel. If a driver does these things, you should volunteer to drive or request the driver to pull over and take a nap.


Let the driver know driving while sleepy is very dangerous and it is considered impaired driving because a driver’s reactions and judgment are affected. Emphasize that driving while tired can be disastrous and should be avoided at all costs, and that you will not drive with him or her in that condition.


If you have been harmed as a result of a driver’s negligence, you may have rights for your damages. To find out more, contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with an experienced South Florida injury lawyer.

Because of my car crash injury I wasn't able to go to Hawaii with my family for my son's wedding. Can I get compensated for my non-refundable travel expenses by the insurance company for the at-fault driver?

I am saddened to hear that you were forced to miss out on a once-in-a-lifetime memory and trip with your family. I’m sure you were really looking forward to seeing your son say “I Do” and enjoy the wedding that probably took months to plan. Unfortunately, you were robbed of this memory by the at-fault driver.


Because you had to miss out on the wedding and vacation due to your accident-related injuries, you are entitled to pursue compensation for these damages. When you pay for a trip in advance, you typically aren’t able to get your money back if you end up not being able to go on the trip. For this reason, you should be entitled to pursue compensation for your non-refundable expenses.


When another driver’s negligent actions behind the wheel costs you travel expenses, loss of memories, and physical injuries and medical expenses, you need to pursue a personal injury claim in Florida to the fullest.


For help seeking compensation for your non-refundable travel expenses, loss of a lifetime experience, and other damages related to your car accident, contact the Law Offices of David Benenfeld today at (954) 677-0155 for a free consultation today.

I was injured when an elderly driver turned the wrong-way onto a street and ran into my car. The woman was really shaken up over it, so I feel bad suing her. What should I do?

It is nice of you to be concerned about the woman who hit you, but you need to remember a couple things.



  • You didn’t ask to be hit and injured. If she didn’t follow the road rules and she made a poor choice while driving, she deserves to be held liable for your damages.

  • You aren’t going after her money. When you file a lawsuit against another driver, the claim is with their insurance company. This is why people have insurance, to make sure they are covered in the event of a crash that causes injuries and damages. Knowing this might make you feel better to know you aren’t taking her personal money.

  • Medical bills can add up quickly. If your injuries require surgery, physical therapy, and doctor’s visits, expenses associated with your crash-related injury can add up fast. You shouldn’t be on the hook to pay for those bills since you are the innocent party.

  • You may lose out on money from taking off of work due to your injury. If you lose wages due to a crash-related injury, you might not be able to pay for your rent, mortgage, car payment, or other expenses.


Because injuries following a car accident can be very expensive, it is wise to file a personal injury claim against the other driver’s insurance company and collect compensation for your losses. For help with your case, contact the Law Offices of David Benenfeld at 866-9-HELP NOW or 866-943-5766 today for a free consultation with an auto accident injury attorney in Sunrise, FL.

Which parties might be liable for my mom's death that was caused by a drunk wrong-way driver?

We are saddened to hear of the death of your mother, and extend our deepest condolences to you and your family during such a difficult time in your lives.


There could be multiple parties liable for a fatal wrong-way collision, such as:



  • Drunk driver. The person behind the wheel of the vehicle is the one who made the choice to drive drunk and in the wrong direction. More than likely your claim will be against the driver of the other car involved in the crash.

  • Company. If the car or truck the drunk driver was driving belonged to a business, or the driver was driving on company time, that company might also be liable for the fatal crash.

  • Restaurant or bar. In Florida, there are laws in place that prohibit restaurants and bars to continue to serve alcohol to a person who appears intoxicated. If an employee at a bar ignored this law and that customer was the driver that killed your mother, you can hold that establishment liable under the dram shop law for the damages their customer caused.

  • City, county or transportation agency. In rare cases, one of these parties might be liable for a fatal collision if directional signs weren’t in the right place, if street lighting was too dim or out, or if another factor outside the driver’s controlled to the crash.


For help establishing liability and making sure you receive all the compensation your family is entitled to, contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with a Sunrise auto accident lawyer today in a complimentary consultation.

What rights do I have as a passenger injured in a taxi cab accident?

Passengers who are injured in the back seat of a taxi cab have rights to make a financial recovery for their damages and losses. Typically, passengers have the right to collect money for their injuries, hospital bills, rehabilitation, pain and suffering, lost income, future lost wages, future medical care, and other expenses associated with their crash-related injuries.


It is important that you get an accident attorney involved because you will be dealing with a large cab company who will want to limit the amount of money they pay you. Additionally, cab companies may instruct their drivers to destroy evidence or anything that would point the finger at them following a cab accident in Florida. For this reason, having an attorney on your side who can collect evidence and stay on top of the case will be beneficial to your case’s outcome.


For help with your personal injury claim, contact the Law Offices of David Benenfeld to speak with a skilled Sunrise car crash lawyer. Call (954) 677-0155 for a free case consultation today.

What can I do to get involved in road safety week and help save more kids from traffic fatalities?

Global Road Safety Week highlights saving kids lives during the week of May 4 – 10, 2015; however, prioritizing roadway safety for children is important each and every day of the week. But because much attention is placed on reducing roadway deaths involving children during this week, it is a good starting point to get involved.


You can get involved in increasing child road safety by doing the following things:



  • Sign the child declaration for the campaign #SaveKidsLives

  • Spread the word on Facebook or other social media sites

  • Identify potential school zone concerns or roads that need crosswalks, more signage or speed bumps to slow the traffic

  • Get others involved in petitioning city and roadway officials to make these road improvements

  • Always slow down in school zones when driving

  • Ensure children riding in your vehicle are always buckled in and in the correct safety seat

  • Constantly scan the road for pedestrians, remembering child pedestrians are sometimes hard to see due to their small size


When we all do these aforementioned things, we can help reduce the number of child traffic fatalities in Florida and nationwide.


If you or your child is ever injured by the negligence of a driver, it is important to know your legal rights and pursue justice. At the Law Offices of David Benenfeld, we’d be happy to speak with you in a free consultation at (954) 677-0155.

My son suffered minor injuries when another driver hit our car. Can I handle the insurance claim on my own or do I need an attorney?

Our answer may surprise you. It is true that people don’t always need personal injury lawyers to handle their auto accident claims; however, when injuries are involved, it is typically in your best interest to have an attorney in your corner fighting to make sure you receive the maximum compensation available to you.


Insurance adjusters are notorious for making accident victims feel like their injury claims aren’t worth more than the first settlement offer they present; however, insurance companies have room to be negotiated up from their first lowball offer. Experienced attorneys know how to negotiate with insurance adjusters and know what a case may be worth.


Most personal injury lawyers in Florida offer free consultations, so you have nothing to lose by talking with an attorney about your case in more detail. You might decide you don’t need a lawyer, but you should hear what a knowledgeable attorney has to say about your case.


For a free consultation, contact the Law Offices of David Benenfeld to speak with an experienced Sunrise auto accident lawyer.

What should I know when considering pursuing a claim against an auto manufacturer for a vehicle defect?

You are probably asking this question because you were involved and injured in a car accident in South Florida, in which you feel like the car or something on the car failed or was defective. In this case, it is important that you hire a personal injury lawyer because evidence is key to your case.


You will want to make sure that all the evidence from the possible defective component is saved for evaluation. Also, it is critical to take pictures of the accident scene, your vehicle and your injuries. Sometimes, an accident reconstruction expert will need to be hired and other experts will need to be brought in to strengthen your claim; however, a skilled attorney will know when and if experts are needed in your case.


While you can pursue a claim against a car manufacturer on your own, it is best to have a lawyer on your side so that the company knows you mean business. Generally, people who are represented by lawyers receive larger financial recoveries. To speak with a knowledgeable accident attorney in Sunrise, FL, contact the Law Offices of David Benenfeld at (954) 677-0155 for a complimentary consultation.

A driver hit my car in the rear and he said his advanced brakes should have stopped his car from hitting me. Can I pursue a claim against the automaker?

While advanced braking systems including crash imminent braking and dynamic brake support are safety technologies that help drivers avoid rear-end crashes, technically speaking, they are parts on a vehicle that can fail. Unfortunately, many parts on vehicles have failed to work as intended or have proven to be defective and have led to Florida crashes. This is why automakers continually send out recall notices encouraging customers to come in and get their cars fixed and warning them of a potentially dangerous situation.


While the driver behind you may have thought his car has the technology to avoid a rear-end collision, it might be possible that he was confused about what his car can and cannot do. Also, it is up to every driver to drive safely and avoid crashes. For this reason, your claim will most likely be against the driver who hit you. However, if it is determined that the braking technology in the other driver’s car failed and was defective, you may be able to pursue a claim for damages from the car manufacturer.


For help pursuing justice and just compensation, give our office a call at (954) 677-0155. You can speak with Sunrise auto accident attorney David Benenfeld today in a free case consultation and learn about your rights to maximizing your damages.

My adult daughter is always on the phone when she is driving. I'm concerned about her crashing. What can I do to keep her safe?

Unfortunately, people who talk on their cell phones—both handheld and hands-free—don’t realize they are increasing their risks for crashing. This is because their minds aren’t as focused on driving, and they are distracted by the conversation they are having with the person on the other end of the phone.


In order to help reduce your daughter’s crash risk and stay as safe as possible on the road, you should talk to her about your concerns and inform her of the multiple studies that reveal just how dangerous talking on a cell phone and driving can be. Also, you can bring up the following points, including:



  • Put your cell phone in your purse and out of your reach.

  • Turn off your cell phone while driving so that you aren’t tempted to call someone or read and write a text message.

  • Don’t use Bluetooth to talk with anyone while driving because it is still considered distracted driving.

  • Distracted driving accidents account for over 3,000 deaths and 400,000 injuries per year.

  • No phone call or text is worth injuring yourself or harming someone else.


By advising her of these things and communicating with your daughter, you may be able to make a difference and help keep her safe. Unfortunately, there are other distracted drivers on the road. If you or your daughter is injured in a Florida car crash as a result of another driver’s negligence, contact the Law Offices of David Benenfeld at (954) 677-0155 to find out your rights from a knowledgeable Sunrise auto accident lawyer today in a complimentary consultation.

I was injured because an older driver pulled out in front of me and caused me to crash. I don't want to be rude, but I don't think he should be driving any more. What can I do?

It is true that drivers have a more difficult time driving the older they get as their vision deteriorates, their reflexes get slower, and they may suffer from confusion or attention issues. For this reason, the state of Florida has older-age driving requirements in place to help make sure that certain elderly drivers know when it’s time to turn in their car keys.


Seniors who are over the age of 80 are required to pass an eye exam every six years in order to get their driver’s licenses renewed. However, because a senior’s vision can change within six years, it is possible that the driver who pulled out in front of you needs to get his eyesight checked again.


While you cannot force someone to get his eyes checked or turn in his car keys, you can write in to the Division of Motorist Services and let them know of your concerns with the other driver involved in the car crash. The Division might ask that driver to come in to get his eyes examined (depending on his age), or they may request a vision report or medical report from that driver. If the driver fails to follow through or fails the vision examination, the Division may temporarily suspend his license.


Although you may feel badly reporting on the older driver, you still need to pursue justice and collect a fair financial recovery that you are due for your injuries and damages. If you need legal advice or help negotiating with the other driver’s insurance company, call the Law Offices of David Benenfeld at (954) 677-0155 to speak with a Sunrise car accident lawyer today in a complimentary consultation.

What are the laws surrounding car seats in Florida?

In order to keep children as safe as possible as passengers in cars, it is important to know the laws surrounding child car seats. The best thing for children is that they ride in the back seat and in the correct car seat for their age, weight, and height.


According to the DMV, Florida car seat laws are as follows:



  • Children under 7-years-old are required to be secured in a federally approved child restraint system.

  • Children age one and younger must use a rear-facing car seat in the back seat of the vehicle.

  • Children from 1-years-old and 20 pounds to 4-years-old and 40 pounds need to be in a rear-facing car seat until they surpass the height and weight limit of the car seat.

  • Children from 4-years-old and 40 pounds to 8-years-old and 4’9″ tall need to be seated in a forward-facing child seat until they exceed the weight and height limits set by the car seat manufacturer.

  • Children from 8-years-old or 4’9″ tall to 12-years-old must remain in the back seat in a booster seat until a child is big enough to use the vehicle’s seat belt.

  • Children age 13 and older are allowed to sit in the front seat of a car.


If your child was injured in a car accident, and you have done everything right to protect your child, you may have a legal claim. To talk about your case and learn about your rights, call the Law Offices of David Benenfeld at (954) 677-0155 to speak with a Florida personal injury lawyer today in a complimentary consultation.

My baby boy was injured in a crash. I thought the car seat was supposed to protect him. Could the car seat be defective?

We are saddened to hear of your child’s injury and wish him a full and fast recovery.


To answer your question, it is possible that your car seat could have been defective. Sadly, it wouldn’t be the first time that a manufacturer cut corners, used the wrong materials, or somehow designed or made a defective car seat. When car seats are defective, they could fail to keep a child strapped in during a collision.


However, many children also get injured in traffic accidents because they aren’t strapped in correctly or because they are in the wrong car seat for their age, height, and weight. If you know you were following the car seat laws in place and had your child secured correctly in his seat, it is possible that the car seat your son was riding in was defective.


It is important to keep the car seat and any parts so that we can have it inspected to determine if the manufacturer was negligent. If the manufacturer produced a defective car seat, they need to be held accountable and pay for the injuries your son incurred. To learn about your next steps and how to pursue a case against the car seat manufacturer, call the Law Offices of David Benenfeld at (954) 677-0155 to speak with a Florida personal injury lawyer today in a complimentary consultation.

What Parents Of Teen Drivers Need To Know About The Cars Their Teenagers Are Driving

The leading cause of teenage deaths in this nation continues to be motor vehicle accidents. Sadly, about seven 16- to 19-years-olds are killed in traffic collisions every day across America, according to the Centers for Disease Control and Prevention. Although there are many causes of fatal teenage car crashes including texting while driving, driving under the influence of drugs or alcohol, inexperience at the wheel, or another driver’s negligence, one contributing factor is the type of cars teenagers drive.


According to USA Today, a new study authored by researchers for the Insurance Institute for Highway Safety looked at the government’s Fatality Analysis Reporting System (FARS) to study teen crash deaths. The study found that about half of teen crash fatalities were in older vehicles. More specifically, the study revealed:



  • Nearly 50% of drivers from 15- to 17-years-old between 2008 and 2012 were killed in car accidents in which their vehicles was at least 11 years old.

  • About one-third of teen drivers who were killed between those years drove small cars.

  • Teen drivers tend to drive older and smaller vehicles compared to middle-aged drivers.

  • Larger vehicles result in fewer fatalities than smaller cars.

  • Older vehicles often have fewer safety features and are generally less safe compared to newer cars.


The researchers cite a survey from May 2014, in which 60% of teenage drivers drive cars at least eight years old, according to parents surveyed. In addition 82% of teens who died in crashes drove cars at least six years old, according to a FARS analysis. What these statistics reveal is that teens overwhelmingly drive older cars, which tend to be less safe.


It is common knowledge that newer cars are typically safer due to newer technology, such as airbags, electronic stability control, and better crashworthiness; however, parents tend to put their teen drivers in older cars due to affordability.  In fact, according to an analysis of federal data by the Wall Street Journal, there has been a sharp decrease in deaths in newer cars. This is mainly due to the safety features in the newer vehicles.


If your teenage son or daughter was killed in a Florida car crash, whether he or she was driving an older or newer car, you may have legal rights to pursue justice and just compensation. Find out more by speaking with an experienced personal injury lawyer in South Florida. You can reach the Law Offices of David Benenfeld at (954) 677-0155 for a complimentary consultation today.

I've Heard On The News That Many Cars Have Been Recalled This Year Due To Safety Concerns. How Do I Know If My Car Has Been Recalled?

It’s no wonder you have heard about the many car recalls in the news because according to ABC News, 2014 was a record year for the most automobile recalls. From airbag recalls due to defective inflators to ignition switches being recalled for fire risks due to defective power switches, owners of vehicles are often left confused whether their vehicles are affected by a recall or not.


Generally, you will receive a notice in the mail from the automobile manufacture, letting you know your car is affected by the recall and explaining the next steps. However, sometimes mail gets lost, mistakes happen, or people move and never get a recall notice. For this reason, and to make sure you are not at risk for an uncompleted recall, it is important that you know how to determine if your vehicle has an outstanding recall.


Recently the National Highway Traffic Safety Administration (NHTSA) developed a new online tool to help consumers check to see if their cars have been impacted by a recall. It is the easiest way to verify if your vehicle is or isn’t affected. Simply visit, www.safercar.gov/vinlookup. You will have to enter your Vehicle Identification Number (VIN) to see if there are any uncompleted recalls on your car that is putting you at risk.


If you have been injured in a car accident in Florida and you believe it is the fault of the manufacturer or another driver’s negligence, please contact the Law Offices of David Benenfeld to speak with a South Florida attorney in a free consultation today. You can reach us at (954) 677-0155.

What Should My Teen Driver Have In Her Car In Case Her Car Breaks Down Or She Is Involved In A Collision?

Being in a traffic accident in Florida or highway breakdown can be scary no matter your age, but it can be especially traumatic if you aren’t prepared. This is why we are glad to see you asking this question in order to prepare your teenage daughter for the unexpected things she may encounter in the driver’s seat.


All drivers should have an emergency kit in their vehicles that should include things such as:



  • Flares or reflective triangles

  • First aid kit

  • Paper and pen

  • Camera

  • Water

  • Blanket


One of the best things you can do to help your teenage daughter stay safe on the roadway is getting the car she drives regularly maintained and inspected. Additionally, she needs to know the importance of checking her tires for adequate tread depth and air pressure.


If your daughter is involved in a car crash, she needs to know what to do. The Law Offices of David Benenfeld has a complimentary accident booklet you can order and place in your daughter’s glove compartment. This way, she can pull it out in the event she is involved in a car accident and have a form with her that will walk her through the process.

Who Is Liable For Multiple Car Pile-Up Accidents In Florida?

This is a great question, especially because multiple car crashes or pile-ups aren’t always one person’s fault. In the recent pile-up accident caused by the SUV driver at a nearby St. Petersburg elementary school, it appears that one person was clearly at fault and liable. Still, frequently more than one driver is responsible for a pile-up, and it can be difficult to prove.


For example, if weather conditions cause roads to become slick, several different drivers may partake in various driving behaviors which are not prudent. One may be on the phone, the other driving too fast for rainy conditions, and another tailgating. This scenario is literally waiting for a disaster to occur.


News headlines have carried pile-ups ranging from 3-100 cars. As you can imagine, pile-ups quickly become about fine tuning the art of the blame game. To prove that another driver’s negligence caused the pile-up may entail uncovering that more than one driver, if not all, were partly liable. In this case, the laws of comparative and contributory negligence are applied to distribute liability. Put more simply, each person that is found to be responsible for the pile-up will pay their own fair share of the damage.


For help determining who may be liable for your damages and injuries following a Florida multiple car accident, contact David M. Benenfeld, a qualified South Florida auto accident attorney.

Is Driving Under The Influence Of Prescription Drugs Considered Grounds For A DUI Charge?

A: In certain cases, yes.  A driver can be charged with DUI for driving under the influence of prescription drugs.  Make sure you read all labels and consult with your doctor about the medication you are taking before driving while under the influence of that medication.  Certain sleeping drugs or migraine medicine, for example, may impair your reaction time, among other things, putting you and others on the roadway at risk of injury from an auto accident.  If you have been injured by a driver who was impaired by a prescription drug that should not be taken while driving, please feel free to contact our office for free answers to all of your questions.  David Benenfeld represents only the injured from auto accidents, never the criminal defendant.

Does The Strict Control Of Blood Sugar Increase The Risk Of A Diabetic Driver Getting Into A Car Accident?

A: According to a recent study, yes.  The U.S. News & World Report website recently posted an article on the importance of keeping blood sugar from getting too low.  While controlling blood sugar (keeping it from getting to high) is important for diabetics, controlling it too strictly may lower blood sugar too much, resulting in dizziness or even the loss of consciousness, researchers say.  The results of the new study reveal that those with a history of hypoglycemia or who control their blood sugar too strictly are more at-risk of having an auto accident. For more results of the study and information for drivers with diabetes, click here.


Contact Attorney David M. Benenfeld if you were injured in an accident caused by a driver who had low blood sugar.

I Was Involved In A Car Accident In Broward County, And The Other Driver Took Off. Who Is Liable For My Injuries In A Hit-And-Run Accident?

A: Being a victim in a hit-and-run accident in Florida is awful.  You may have experienced serious injuries and are not sure who will pay for them.  You may need money for damage to your vehicle, medical bills, and more. If the other driver cannot be found, who is liable?  Your own insurance policy will need to be reviewed. An experienced Florida injury attorney will be able to review your policy to make sure you can get access to the highest amount of compensation possible.


Law enforcement may be able to find the driver who fled, and we may be able to help you hold them accountable for their actions. They may face jail time and fees for fleeing an accident scene involving property damage and injury.  However, if the driver is never found, you may still be able to get compensation for your injuries. Call us and we can discuss your case in detail.

My Teenage Daughter Was In An Accident. She Suffered A Back Injury, And Says That The Accident Wasn't Her Fault. Who Is Liable For Her Injuries?

A: When a car accident occurs between another motorist and a teen driver, many people assume that the teenage driver was the one at fault. Teen drivers are not always the party liable in Florida car accidents.


If your daughter believes her back injury was the fault of another motorist, then you may want to consider talking with a personal injury lawyer to find out if you are entitled to seek damages. Often times back injuries can develop into serious back problems that may need surgery later down the line. This needs to be accounted for when considering her recovery.


After she seeks medical care for her injury, please call personal injury lawyer David Benenfeld to discuss the accident details.

Can Talking On A Cell Phone While Driving Hurt My Personal Injury Case Even Though I Was Not At Fault For The Accident?

A: Since Florida is a comparative negligence state, every personal injury claim is awarded based on what percentage of liability both parties had in the Florida car accident.Although you may believe the other driver was at fault, the other driver’s insurance company and attorney will look for ways to blame you for a percentage of the accident.


Although it is not illegal to talk on a cell phone in Florida while driving, it is considered distracted driving and the other side may use that to their advantage. In order to get as much as possible out of your claim, you will need a skilled Sunrise car accident lawyer to help you fight for your rights to recovery.


Contact the Law Offices of David M. Benenfeld to discuss an accident you are being blamed for but did not cause.

On A Recent Trip To Miami, I Was Involved In A Car Accident And Received Multiple Burns On My Body. Are Their Additional Insurance Claims That I Am Entitled To?

A: Being involved in a Miami car accident is bad enough, but the bodily burns you received are even more serious.


The recovery and rehabilitation time for multiple burns can be lengthy. Filing an insurance claim is crucial, but there may be other reasons for the fire that caused you to receive multiple burns.


There may have been faulty wiring or a defective product in your vehicle that erupted upon impact.


It is important to establish not only how the Miami auto accident happened, but to also establish what the cause of the fire was.


If it is discovered that the fire was caused by a defective product, you may have additional claims that can be filed with the manufacturer of the vehicle.


It is important to contact a Miami auto accident attorney to assist you and investigate your claim.


Contact experienced accident attorney David M. Benenfeld to schedule a free consultation.

Another Driver Hit My Car And Caused My Injuries. He Said That The Heavy Rains Caused Him Not To See My Car And Is Blaming Me As Well And The Weather For This Accident. Is He Responsible?

A: Unfortunately, inclement weather has played a part in a number of Florida car accidents, and according to the National Highway Traffic Safety Administration about 15,000 auto accidents in Florida per year occur on wet roads. Bad weather makes for poor road and driving conditions.


When heavy rains fall, it can cause wet roads that affect a driver’s braking distance. Also, torrential downpours can cause a driver not to see the road clearly. Although the driver may think that this accident was not his fault because of the bad weather conditions, he may be responsible.


In order for us to determine your rights, we would need to discuss your case in detail to get a better understanding of your accident specifics. You may have rights to pursue a Florida personal injury claim and recover damages for your medical expenses, lost income, ongoing medical care, physical therapy and more.


Contact Attorney David M. Benenfeld to discuss whether or not you have a legal case. We can help you get the compensation you deserve.

I Didn't Realize That I Broke My Rib In The Car Accident Until Weeks Later. I Was In Pain, But Thought It Would Go Away. I Now Found Out That The Rib Punctured An Organ And That I Need Surgery. Will The Other Driver Pay For My Medical Bills?

A: Car accidents in Florida and throughout the U.S. cause internal injuries every day. Sometimes internal injuries are so painful that they will cause you to see a doctor immediately and other times moderate pain just lingers. This is why it is always important to visit the doctor or the emergency room as soon as possible after going through any type of auto accident.


Just because you didn’t realize you were badly injured until weeks later doesn’t mean that you don’t have a right to pursue a personal injury claim. If the other driver is found to be negligent in causing the Florida crash, you do have a right to pursue compensation.


Although insurance companies may question your injuries because of the delay in seeking medical treatment, a Sunrise car accident attorney may help strengthen your case and will explain what you should and shouldn’t say to the insurance company.


Contact us at the Law Offices of David Benenfeld. We can help determine if you are eligible for compensation.

I Was Involved In An Auto Accident In Broward County. I Was Broadsided By Another Vehicle. My Car Flipped Over And I Sustained Severe Injuries That Left Me Paralyzed. What Can I Collect From These Injuries?

A: I am so sorry to hear about your auto accident in Broward County that left you paralyzed.  It appears that you may have a claim that can compensate you for your injuries.


Florida is a no-fault state.  That means that when a person is involved in a car accident each driver generally seeks compensation from their own insurance carrier.  That is unless there are serious personal injuries involved. In that case a person would be eligible to sue for damages that fall into an economic and non-economic category.


A serious injury would include anything that is permanent such as scarring or a permanent physical impairment such as paralysis, severed ligaments, etc.


It is important to talk with an experienced Broward County car accident attorney that can review your case.  The amount of compensation that you can receive is based on many factors. A skilled Broward County car accident lawyer can assist you with your case to help you recover damages.


Contact theLaw Offices of David Benenfeld.  Call today for a FREE consultation: (954) 677-0155


Receive FREE our book:  Secrets Exposed: 7 Deadly Mistakes That Can Destroy Your Auto Accident Case.

My Boyfriend Suffered A Punctured Lung When Another Driver Ran A Red Light And Crashed Into Him. What Are Some Treatment Options For A Punctured Lung, And Should The Other Driver Pay For His Medical Bills?

A: There are many people who have suffered a punctured lung in an auto accident and have recovered nicely; however, there are those who have also been seriously affected or died as a result of this internal injury.


Doctors have different methods for treating punctured lungs depending on the seriousness of the injury and size of the wound. These treatments can include:



  • Waiting – sometimes a small wound may heal on its own

  • Catheter Aspiration – a small needle is inserted to remove air from the chest space

  • Tube – the tube is similar to the catheter aspiration, but it is attached to a suction device that removes the air slowly over several hours and has antibiotic therapy to prevent infection

  • Surgery – if the wound is large, surgery may be needed to repair the lung tissue


A delay in treating a punctured lung can cause complications or severe infection, so make sure to get your boyfriend to the hospital immediately. If your boyfriend is at the hospital now, the doctors will try to make the treatment decision that is right for him.


No matter what type of treatment he has to undergo, it is critical that he holds the careless driver responsible for his injuries, medical bills, ongoing medical care, lost wages and more. Contact a trusted and experienced lawyer at the Law Offices of David Benenfeld to discuss your potential case in a free legal consultation at (954) 677-0155.

The Other Driver Is Trying To Sue Me For Their Accident Injuries, But The Crash Was The Result Of A Defective Tire. Shouldnt The Tire Manufacturer Be Liable And Not Me?

A: If a tire blowout was the cause of the accident and it has been determined that the tire in question was defective, then the other injured parties could also file lawsuits against the tire manufacturer.


Whether the tire was designed poorly, had an adhesive failure, or poor materials were used in the manufacturing process, the tire manufacturer themselves may be liable for any and all injuries that occurred as a result of their negligence.


Defective tires can cause catastrophic accidents in South Florida and throughout this nation, often leading to serious injuries or even death. You should not have to pay for the tire manufacturer’s mistakes.  Protect your interests and get help today by calling a lawyer skilled in Florida personal injury law. You may be entitled to financial compensation for your medical expenses, lost wages due to time off of work, and more.


Contact the Law Offices of David M. Benenfeld to discuss your case and schedule a free consultation.

What Compensation Is Available For A Car Crash?

Question: I was rear-ended in a car crash.  I sustained a severe neck injury. How do I know what compensation I am owed from the insurance company?


Answer: In most situations, a vehicle that rear-ends another vehicle is to blame due to negligence.  There could be several reasons the driver rear-ended your vehicle, but the main thing to determine is why and how it happened.


In order to determine what the cause of the car accident was, it is important to contact an experienced Sunrise auto accident attorney.  Your attorney will be able to review the details of the accident and determine if you have a case.


After the review of the details of the accident and it is determined you have a case due to the negligence of the other driver, you more than likely will be compensated for your injuries.


Any compensation you receive can cover medical bills, pain and suffering, lost income and any other ongoing treatment you may need.


Until an agreement is made for your case, it is difficult to give you an exact amount of compensation due you.  The extent of your injuries needs to be documented, which includes any surgeries or future surgeries, damages you incurred and if you were released from your doctor’s care.


If you or a loved one has been injured in a rear end collision, contact our offices to see if you can be compensated. Initial Consult is free.

How To Determine Who Is At Fault From A South Florida Auto Accident

Question: Recently I was in a South Florida car accident and injured.  The other driver said he was not at fault.  I believe he was. How does an insurance company look at a case when neither one of us feels it is their fault?


Answer: It’s not unusual to come to a standstill on who is to blame in a South Florida car accident.  This is when an experienced Broward County auto accident attorney needs to be consulted. A skilled attorney can reconstruct the auto accident and see if you have a claim.


If you have been injured due to the negligence of another person, sometimes it isn’t too difficult to see just by the outward appearance on who was to blame.


Things you may want to reconstruct and remember are the events leading up to the accident.  Here is a list of things to remember and write down.



  • Did the driver violate any traffic laws

  • Was the driver driving recklessly or exceeding the speed limit

  • Was the driver driving without a license

  • Was the driver impaired by drugs or alcohol

  • Was there any indication the driver was being inattentive while driving?  This would include talking on the phone, texting, putting on make-up, shaving, reading a map, etc.


Other things that may determine who caused the accident is by the location of the damage on the vehicles.


Filing a police report, getting witness information and photos of the street and vehicles involved will help your Sunrise auto accident attorney in preparing your claim. Contact the Offices of David M. Benenfeld to determine if you have a case and are eligible for compensation.

What Will Happen To Someone Who Causes Multiple Accidents In The State Of Florida?

A: Effective January 1, 2010, a new state law signed by Gov. Charlie Crist places some restrictions on Florida’s most accident-prone drivers. Designed to make Florida roadways a safer place, the law forces those who have been convicted of three car accident-related violations within three years to take a “behind-the-wheel” driving education course and pass the final driving test. The tallying of crash violations won’t begin until January, but we encourage drivers who have caused multiple accidents already to participate in driving courses voluntarily as a safety measure. Although drivers who do not cause an accident in 2010 will not be required to take the course, no matter how many accidents they caused within the previous three years, those who caused two or more accidents since 2008 will be required to take the course if they cause an accident in 2010.


If you are involved in a vehicular accident, contact the office of David Benenfeld we can help you get any compensation you deserve.

What Types Of Auto Accidents Does David Benenfeld Handle?

A: As an advocate for victims of various types of auto accidents in the state of Florida, David Benenfeld represents clients in the following types of accidents(among others):



  • Car Accidents

  • Truck Accidents

  • Motorcycle Accidents

  • Bicycle Accidents (Bike Accidents)

  • Pedestrian Collisions

  • Drunk Driving Accidents

  • Wrong-Way Accidents/ Head-On Collisions

  • Accidents Due To Drowsy Driving/ Falling Asleep At The Wheel

  • Sideswipe Accidents

  • T-Bone Accidents

  • Serious Accidents

  • Wrongful Death From Auto Accidents.


Representing clients Broward, Dade, and Palm Beach counties, David Benenfeld handles car accident cases with professionalism and compassion, and he only represents the injured. If you have been injured in a Broward, Dade, or Palm Beach County auto accident, feel free to contact David Benenfeld at Injury Law Service,and he will provide you with free resources and answers to your most important questions.

My Father Was Killed In A SUV Accident In South Florida. The SUV Rolled Over And Crushed Him. What Type Of Damages Can We Get From This Accident?

A: Anytime an accident happens like this, it is devastating to the family. SUV’s have been known to roll over and are quite dangerous. After an investigation of the cause of the accident, it may be determined that it was a wrongful death.


A wrongful death in South Florida claim can be filed against the manufacturer of the SUV, if it was determined to be the cause.


Wrongful death claims in Broward County can recover losses such as, medical expenses, funeral costs, hospital expenses, and pain and suffering prior to the deceased’s death.


It is important that you contact a South Florida wrongful death lawyer to review your case and work with you and your family in filing a wrongful death lawsuit to recover damages.


In Florida, the statute of limitations for a Florida wrongful death claim is two years from the death. You do not want to delay in contacting a Broward County wrongful death attorney to begin the investigation.


David M. Benenfeld is an experienced attorney who has successfully handled many vehicle accidents and helped get compensation for victims and their families. Contact us today.

How Can We Prove That The Driver Who Hit Our Car And Caused My Mom To Suffer Severe Injuries Was Texting?

It is very difficult to prove that someone else is texting and driving in Florida unless they admit to it. The law in this state makes texting and driving a second offense, and the law doesn’t apply at stoplights. This makes it really difficult for police officers to charge a driver with texting and driving, and investigators cannot access a driver’s cell phone logs based on suspicion.


But when a driver runs a red light or does something else against the law, a police officer can cite the driver for texting. Unfortunately, the citation only carries with it a $100 fine and no points are added to a driver’s license. However, if the driver that is texting causes a crash that leads to an injury or death, an officer of the law can issue a citation to the driver. Even if the driver doesn’t admit to texting while driving, if injury or death occurs, a driver’s cell phone records can be accessed.


Contact the Law Offices of David M. Benefeld. We can investigate a car crash to determine who was at fault and if they were texting while driving or not. If the accident was their fault, we can get you the compensation you deserve.

Is There Any New Information About Texting And Driving? What Should Drivers Know?

Texting and driving continues to be an issue that threatens everyone on the roadways. Unfortunately, the news hasn’t gotten any better in regards to this topic. In fact, more studies have been done focusing on texting while driving, revealing that young drivers aren’t the only ones guilty of texting behind the wheel. Surprisingly, more adults (who are experienced drivers) are also taking part in texting while driving.


The bad news is that older drivers are actually worse than younger drivers at texting and driving. While older drivers might assume they can handle reading or sending a quick text or email behind the wheel because they are experienced drivers, they need to think again. Although older drivers appeared worse at texting and driving in a study conducted by researchers at Wayne State University, anyone who reads or sends texts or emails while driving is likely to veer into other lanes, cross the center line into oncoming traffic, and increase their risk of crashing. This means that young and old drivers need to put down their phones while driving to protect themselves and others sharing the road with them.


Contact us at the Law Office of David Benenfeld, we can help you get compensated if you were injured in an accident caused by a driver who was texting and driving.

As A DUI Victim, Should I Expect The Same Compensation As Other Personal Injury Victims Or More?

All accident claims involving personal injury matters have different rates of compensation. Your claim will be different than someone else’s claim because it will be based on the extent of your injuries, whether or not you will be able to return back to work, and how much income you have lost or will lose in the future as a result of your injuries. For example, you may have suffered a disabling injury that causes you to never be able to work again. If that is the case, you will need compensation for your medical bills, ongoing medical care, lost wages, future lost income, pain and suffering and much more.


While every case is different, people with minor injuries will receive less compensation than those with permanent injuries. However, the difference in your claim as a Florida DUI victim, is that you may be entitled to punitive damages. If you are entitled to these damages, it is unlikely the insurance adjuster will let you know about this information. The insurance adjuster’s job is to save the company as much money as possible, even if it is at your expense. This is why you should always speak with a lawyer after any accident in which you suffered injuries.


As an accident attorney, David Benenfeld will try to get you as much compensation as you are eligible to receive. Contact us today.

As A Victim In A Drunk Driving Crash Will I Be Treated The Same As Victims In Other Crashes, Or Will The Insurance Company Have More Pity On Me And Treat Me Differently?

Although the insurance adjuster you may speak with regarding your case might sound sympathetic and that he or she has pity on you and what happened to you, the insurance adjuster has been trained to treat every case as a financial figure. Because of this, most insurance adjusters will treat all accident victims the same.


While insurance adjusters know that victims of drunk driving accidents aren’t at fault in crashes caused by their insured, the drunk driver, they will always look to pin some of the blame on the other driver. Unfortunately, even victims of Florida drunk driving accidentswill have to negotiate to get the compensation they deserve.


While we know that you shouldn’t be treated the same as other drivers, insurance companies will do just that. This is why you need someone on your side who understands personal injury claims and who has helped other drunk driving victims get the compensation they deserve.


Contact the offices of attorney David Benenfeld if you’ve been a victim of a driver who was driving drunk. We can help make sure you are compensated for your pain and losses.

I Work At A High School And Was Wondering What Schools Can Do To Help Encourage Safe Driving Behaviors For Teens?

According to Teens in the Driver Seat, teenagers are encouraged to do the following things at their schools during National Teen Driver Safety Week. As a teacher or other school employee, you can help facilitate these activities and get kids involved to help spread the message about teen driving safety.



  • Make morning announcements that highlight teen driver risks during National Teen Driver Safety Week, the week of October 19 through 25.

  • Have a drunk goggle demonstration at lunch to show teens what it is like to drive under the influence of alcohol.

  • Conduct a seat belt check in the parking lot while teenage drivers and passengers arrive or leave school. Have teenagers and employees on hand to give out Smarties candies to those who are wearing their seat belts and DumDums to those who failed to buckle up.

  • Have students play a trivia game in class or at lunch that focuses on safe driving.

  • Place flyers and information on teenagers’ vehicles that encourage safe driving and enforce the safety messages that were highlighted during the week.


As always, schools can always have pep rallies or other school gatherings to come together as a group and remind teens what can happen when teen drivers text while driving. By doing the things listed above, you can help spread the message of safe driving and hopefully reduce Florida teen car accidents.


At the law office of David Benenfeld we are concerned about teen car safety. If your teen was injured in a wreck caused by another teen, contact us for legal help.

My Friend Is Giving Me Her Used Car Seat. How Can I Tell If It Is Safe Or Dangerous For My Baby?

Having a child can be expensive as clothes, diapers, strollers, cribs, car seats and more can add up very quickly. This is why many parents look to friends, neighbors and relatives to inherit hand-me-downs. While it may be safe to use your friend’s rocking chair or clothes, you may want to think again about using her child’s used car seat.


Determining if the Used Car Seat Is Safe


If the car seat looks damaged, even if it has cracks in the plastic or frayed straps, you should never use it. Also, if the car seat is over five years old, you should not use it. Find out from your friend about the car seat’s history. For example, ask her if she inherited it from someone else or if she purchased it brand new. This way you may be able to determine if it has ever been in a car crash.


While we know your friend is being generous and you don’t want to look unappreciative, it is important that you find out if the car seat has even been in a minor fender bender. While saving money is important, your child’s safety is more important which is why you should never use a car seat that has been in any type of crash.


You can also do some research on your own about the car seat. By knowing the model number and manufacturer, you can look to see if the car seat has been recalled. You can always contact the manufacturer to find out if there have been any recalls on the car seat before using it and to ask for a new instruction booklet.


By doing your research on the car seat, you can help protect your child in the event of a collision. If you or your child has been hurt in a crash due to the negligence of another, you may have legal rights to a financial recovery. Contact us today to find out how we can help.

How Do I Answer Questions From An Insurance Claims Adjuster After Being Injured In An Auto Accident? I Have Been Told That The Questions Can Be Tricky And I Don't Want To Incriminate Myself With An Incorrect Answer?

Beware of an insurance adjuster!  An insurance adjuster is not your friend and may make a call to you acting as if you are buddies.


They have been trained quite well to minimize the amount of money that they will pay out to personal injury victims.  Their main objective is to save the company money.


When you make a statement to a claims adjuster, he or she will more than likely come back with some sort of loaded question.


They may ask questions such as:



  • Did you see the vehicle coming when it hit you?

  • Was the sun in your eyes?

  • Did you have any prior aches and pains prior to the accident?

  • What do you think your liability is?


Under no circumstance should you release any medical records to an adjuster or give out the name of your physician.


When settling a claim, the insurance company may offer you a certain amount to accept as payment to make you go away.  DON’T TAKE IT!


A Sunrise auto accident attorney should be contacted to evaluate your auto accident claim and to help you make the right decision as to a settlement amount.  In most cases, it is more than what the insurance company will offer.


If you have been injured in an auto accident in Florida, contact the Law Offices of David Benenfeld, a car accident injury attorney in Broward County, to assist you with your claim.

Is It Legal To Drive Without Car Insurance?

In the state of Florida, drivers are required to carry proof of license, registration, and proper insurance. Often times, the police will set up checkpoints to monitor these safeguards. Last week, over 22 law enforcement agencies and state troopers set up a checkpoint and discovered more than a few drivers who weren’t carrying proof of insurance. The checkpoint in North Miami Beach is reported to be the largest one day operation staffed in Florida history. The focus was to charge drivers with fake insurance cards.


When an uninsured driver causes a Florida car accident, innocent drivers absorb their negligence. For this reason, the police are reported to be making greater efforts to help instill this standard in all drivers on the road. Insurance premiums continue to soar because of the plethora of uninsured drivers. Anyone driving who provides fake insurance to an officer is charged with a third-degree felony.


If you have been in  auto accident with an uninsured motorist it is vital to contact the Law Offices of David Benenfeld to speak with an experienced Sunrise accident attorney in a free legal consultation at (954) 677-0155.

Who Is Liable For Multiple Car Pile-Up Accidents In Florida?

This is a great question, especially because multiple car crashes or pile-ups aren’t always one person’s fault. In the recent pile-up accident caused by the SUV driver at a nearby St. Petersburg elementary school, it appears that one person was clearly at fault and liable. Still, frequently more than one driver is responsible for a pile-up, and it can be difficult to prove.


For example, if weather conditions cause roads to become slick, several different drivers may partake in various driving behaviors which are not prudent. One may be on the phone, the other driving too fast for rainy conditions, and another tailgating. This scenario is literally waiting for a disaster to occur.


News headlines have carried pile-ups ranging from 3-100 cars. As you can imagine, pile-ups quickly become about fine tuning the art of the blame game. To prove that another driver’s negligence caused the pile-up may entail uncovering that more than one driver, if not all, were partly liable. In this case, the laws of comparative and contributory negligence are applied to distribute liability. Put more simply, each person that is found to be responsible for the pile-up will pay their own fair share of the damage.


If you’ve been injured in a car pileup involving numerous vehicles, contact experienced attorney David M. Benenfeld for a free consultation.

I Heard Florida Changed Their Law About Texting And Driving?

It’s official. Finally, as of October 1, 2013, Florida has become the 41st state to join forces with the others against texting while driving. Governor Rick Scott signed the law known as SB52. Since over half of all teens report texting while driving, the consensus shouts the law is overdue, and a bit weak. Nonetheless, FL law enforcement is encouraged to take one small step towards the larger action of awareness and monitoring of dangerous distracted driving.


The Do’s and Don’ts of Florida Texting While Driving



  1. No manual texting while driving.

  2. You may text at traffic signals or stops.

  3. Texting while driving is a secondary offense. To be given a ticket, you must be pulled over for another offense, such as speeding or running a stop sign.

  4. First texting fine is $30 + Court Fees. Second offense is $60.

  5. The law allows voice texting-known as talk-to-text and other apps.

  6. The law allows driver use of GPS device while driving.

  7. The law allows driver use of phone for reporting crimes.


Victims of car accidents caused by texting and driving need expert advice from a qualified Broward County auto accident attorney. Contact Attorney David M. Benenfeld for more information.

What Can I Expect From The Other Driver's Claims Adjuster?

Claims adjusters do not work for auto accident victims. They are specifically trained by their employer to offer as little money possible. Insurance companies coach the adjusters to deny or reduce claims for the following typical reasons.



  • The other driver is not liable for your injuries because they did not show negligence. Adjusters often try to negate claims right away by disproving the obvious.

  • The adjuster will not only try to convince you that the other driver was not at fault, but now say that it was in fact your own fault. Hence, they owe you nothing.

  • The third most common reason for denial of settlement is to say that both parties are responsible for the accident, and the claim is a wash.

  • An adjuster may also try to convince you that the damage to the vehicle was not significant, barring any worthy compensation.

  • Insurance companies immediately try to disprove that the victim was caused any injury from the accident itself.


If you have been involved in an accident you may need to speak with an adjuster. We can offer legal advice so you know your rights and what you are entitled to. Don’t let them confuse you with terms. Contact the Office of David Benenfeld today for how you should handle a claims adjuster’s questions.

In This Heat, I Heard That Reports Of Carjacking Have Increased. How Can I Prevent Becoming The Next Carjacking Victim In Broward County?

While crimes such as burglary, assault, and homicide may appear to be decreasing, carjacking is on the rapid increase. Carjacking is one of the most serious crimes, especially for those who are kidnapped, or have children who are kidnapped, within the stolen vehicle.


FIGHT against CARJACKING



  1. BEFORE getting into your car, LOOK INSIDE, especially the back seat, to make sure a carjacker isn’t waiting for you.

  2. Parents who SIT and WAIT FOR THEIR KIDS in unlocked cars are easy targets. LOCK DOORS and DON’T SIT FOR LONG PERIODS OF TIME.

  3. Carjacking victims who are kidnapped and put in trunks should KICK OUT TAILIGHTS and STICK OUT THEIR WAVING HANDS/ARMS to warn other drivers. This technique has proven to be effective in multiple cases.

  4. NEVER enter your car on the driver side when PARKED NEXT TO A VAN. Carjackers often pull victim into vans from your driver side.

  5. DO NOT get into your car when PARKED NEXT TO CAR WITH MALE DRIVER SITTING ALONE. Go back inside the store and return later with another person.


If you or your loved one has been a victim of a carjacking, contact our offices for a free consultation.

I Recently Heard Of A Baby That Was Found After A Carjacking Incident. How Can I Best Prevent Being Carjacked?

Over 50,000 carjacks are reported every year, according to the National Crime Victimization Survey. Florida news just reported a case of carjacking from BP Gas Station in Fort Lauderdale to Deerfield Beach. The driver was apparently just sitting in his car when the carjacker forced him out of his car and drove off.


5 Tips to Avoid FL Carjacking



  1. Keep doors LOCKED and windows UP at stop signs, red lights, and gas stations.

  2. Appear CONFIDENT and in CONTROL, especially if you are lost.

  3. Don’t drive alone, especially at night.

  4. Place purse and valuables in TRUNK-not on or under the seat.

  5. At gas station, lock car when paying.


If you have been a victim of carjacking in Broward County, it is vital to speak with a qualified Florida Carjacking Attorney who understands how to best navigate your rights for your case. Contact the office of David Benenfeld today and schedule a free consultation.

Is Sleeping While Driving A Serious Problem In South Florida?

At least 250,000 people fall asleep at the wheel every day. Over 6,000 people are killed every year from sleepy drivers. Drivers who don’t get at least six hours of nightly sleep are more likely to fall asleep while driving and get in an accident. A new phenomenon called “micro-sleep” occurs when drivers fall asleep for just a few seconds without realizing it.


Just last Sunday morning, a driver fell asleep driving on Interstate 95 near State Road 809, crashing his car into the concrete barrier. Upon impact, he then colliding into another innocent driver, causing his Impala to flip over and hit a tree. While the sleepy driver only sustained minor injuries, the driver of the Impala has been hospitalized and is in serious condition. Both drivers were in their early thirties and the accident remains under investigation.


If you’ve been involved in an accident which was caused by a sleepy or sleeping driver, contact David Benenfeld, P.A. We can help ensure you get the compensation you deserve.

Why Would Someone Drive Against The Flow Of Traffic? Do Wrong-Way Auto Accidents Usually Involve Drugs?

Wrong-way accidents often cause serious injuries and fatalities. These types of accidents are sometimes caused by drivers being inattentive, distracted, or sleepy. Other times, wrong-way accidents are caused because signs are not properly or clearly posted to prevent confusion by drivers.


Still, wrong-way accidents continue to make headline news due to causes rooted in aggression, drugs or alcohol.  Very recently, four fatalities were caused by a wrong-way accident along I-95 in Miami-Dade County. The driver, Willie Dumel, was fleeing the police after being pulled over and had a criminal history for drug possession and trespassing. Dumel survived the accident, only to have caused the wrongful death of four lives when he crashed into another car.


If you or a loved one was in a car accident and have been injured, it is vital that you seek quality support from a skilled Broward County accident attorney who understands the emotional, medical, financial, and legal issues that are at hand. Contact Attorney David M. Benenfeld, P.A. to schedule a free consultation.

What Is The Best Way To Get Rid Of A Tailgater?

Highly irritated drivers have mastered an assortment of tactics that involve getting rid of a tailgater. Unfortunately, many of these techniques typically involve revenge and road rage. Follow these simple steps below to help get rid of a tailgater-safely.



  1. Stay Calm. Don’t assume that the tailgater is aggressive or angry. Sometimes tailgaters are in a hurry or don’t feel they require as much space as the other driver.

  2. Allow the tailgater to pass. It’s not worth it; make a safe lane change and allow the tailgater to go ahead.

  3. Don’t drive in the fast lane. Goes along with the old adage, if you can’t stand the heat get out of the kitchen. Stay out of high-speed passing lanes if you don’t want to be tailgated.

  4. Don’t change your speed. To allow tailgaters to pass safely, don’t slow down or speed up, this will throw off the driver and cause a serious accident.

  5. Be level headed. Always choose safety over right-of-way and speed limit laws.


If you or a loved one suffered a serious injury from a tailgating car accident, you need a qualified accident attorney that has a thorough understanding of the various factors that play into the complexity of your case. Contact the Offices of David M. Benenfeld for a free consultation.

What Factors Makes Someone More Likely To Be Seriously Injured In A Car Accident?

Certain accidents are more prone to serious injuries. For example, depending on the speed of the moving vehicle, the make and model, or whether the driver was intoxicated, different injuries may result. Common auto accident injuries include damage to the head and brain, neck, face, back, and psyche. Additional car crash injuries usually pertain to internal organ damage, broken bones, and knee ligaments.


But, apart from the physical nature and scene of the crime, individual differences of the victim may also contribute to the severity of the injury itself. Below is a list of factors that may affect the degree of injury that an auto accident victim sustains:



  1. Age and health of victim

  2. Speed upon impact

  3. Location of impact

  4. Severity of collision

  5. Vehicle type of both victim and defendant


If you or a loved one suffers from a serious injury from a car accident, you need a qualified accident attorney that has a thorough understanding of the various factors that play into the complexity of your case. Contact the Law Offices of David Benenfeld to discuss your case and see if you are eligible for compensation.

I Recently Read That Hit And Run Accidents Are On The Rise In Broward County. What Should I Do If I Am A Victim Of A Hit And Run Accident?

Broward County has been listed second among Florida’s top five counties for hit and run accidents in 2012. Florida Highway Patrol reports that there has been an 8% hike in hit and runs since 2011, totals topping almost 8,000 incidents. While Miami-Dade is down a few thousand from last year, they still rank first, totaling almost 12,000 drivers ditching the scene of an accident. Worse yet, fatalities have increased from hit and run accidents, and three out of every five incidents involve pedestrians.


Perhaps those fleeing a hit and run do so because they don’t have a valid driver’s license, insurance, or legal documents necessary. In any case, the FHP requires drivers to stop and exchange information, including any attention needed to injured victims. Individuals who commit a hit and run crime may face up to 30 years in prison or a fine of $10,000.


If you or a loved one are victim of a hit and run accident then take the following steps:



  1. Call police

  2. Remain calm

  3. Stay with your vehicle

  4. Record and report witness and driver info

  5. Take down important scene details, including photos

  6. Help the injured


Contact the Law Offices of David M. Benenfeld for a free consultation.

What Is The Most Important Thing I Should Do After I've Been In A Car Accident?

The list below describes what you should NEVER do minutes after the accident. But FIRST comes your safety. Frequently, individuals involved in car accidents are quick to assess damages to their vehicles. Be cautious not to move quickly, understanding that often injuries are not realized until days following the accident.


Never do this after a car accident in Broward County :



  1.  Never leave the scene: Leaving will likely involve getting arrested.

  2.  Never forget to call 911: Get a police report even if you don’t see injuries.

  3.  Never overreact: Blaming you or the other guy will only hurt your case.

  4.  Never forget to document: Another reason you should get a police report.

  5.  Never handle it alone: Get expert medical and legal advice for proper compensation.


After you seek medical care, speaking with an experienced attorney should be your next step. Contact our offices to see how we can help you get  the compensation you deserve.

If I Was Injured In An Auto Accident Caused By A Dangerous Road Condition, Is It Still My Fault?

Minutes after assessing possible injuries involved, everyone seems to want to know who caused it. Essentially, whose fault was it? If the accident occurred as a result of a dangerous road condition, then the entity that build and maintains the road may be held liable, not the driver.  Serious injuries may result from hazardous road conditions.


Typical Accident Injuries Caused by Dangerous Road Conditions include:



  • Head Trauma

  • Traumatic Brain Injury

  • Back and Neck Injuries

  • Broken Limbs and Torn Ligaments

  • Paralysis

  • Amputation


If you suffered one of the above mentioned injuries or another serious injury due to poorly maintained roads, you may be entitled to compensation for your injuries. If you need assistance to determine if you should pursue your auto accident claim against the government or entity involved in road maintenance, the Law Office of David Benenfeld is here to help. Contact us today.

What Compensation Should I Expect To Receive After Suffering Facial Injuries In A Florida Crash?

Facial trauma can represent any type of injury to the face, which can range in severity. If you suffered bruising or a cut, you may receive less compensation than someone who suffered a painful jaw injury or debilitating head injury. Additionally, sometimes facial injuries can be traumatic, resulting in disfigurement. Depending upon the type and seriousness of your facial injury will determine if you can obtain the maximum compensation.


To find out what damages you should expect to recover following your facial injuries, please call the Law Offices of David Benenfeld to discuss your case in more detail. A skilled attorney can review your accident and medical records to help determine what your case is worth. Additionally, a personal injury lawyer has experience dealing with insurance companies to help you obtain the right compensation for your case.

If Both Drivers Were Injured In An Automobile Accident, How Do You Know Who Is At Fault?

When each driver is injured in an auto accident, it may be difficult to determine who is at fault. If you are the only driver who is injured, then you are most likely not hurt. To determine who the responsible party is, auto insurance companies often evaluate the following accident conditions:



  1. Speeding-Did the driver exceeds the speed limit?

  2. Obeying- Did the driver obey the traffic laws?

  3. Sobriety-Was the driver under the influence of drugs or alcohol?

  4. License-Was the driver’s license expired or never issued?

  5. Distracted-Was the driver distracted by phone use, looking at a map, or applying makeup?


Often, individuals and even insurance companies find it difficult to understand who is at fault in a car accident. It is crucial that you contact an experienced Broward County auto accident who is skilled at examining all of the evidence. Contact David M. Benenfeld for a free consultation.

Why Would My Broward County Insurance Agent Try To Convince Me To Purchase Uninsured Motorist Coverage If Everyone In The State Of FL Is Required To Carry Insurance Anyhow?

Florida ranks as one of the highest states flooded with uninsured drivers. Just because the FDHSMV requires every driver to be insured, doesn’t equate to every citizen adherence to the law. FL only requires motorists to carry PIP and PD liability, which translates to $10,000 coverage for personal injury not dependent on whose fault was found, and $10,000 compensation for property damage done to your vehicle if the other driver was found at fault. However, if the other driver is uninsured and is found to be at fault for causing your personal injury, then you will not receive compensation for those injuries caused by the other driver if you do not have uninsured coverage.


Uninsured motorist coverage provides compensation for medical costs and pain and suffering. Essentially, this will be recorded as a claim against your insurance for the wrong done against you by another driver who persisted in driving without insurance.


If you or a loved one suffers from a serious injury caused by a motorist without insurance, you need a qualified Broward County auto accident lawyer who has a thorough understanding of the various factors that play into the complexity of your case. Call Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.

Who Would Be Liable In The Event Of A Seatbelt Failure?

A: If an injury accident occurred as the result of a defective seatbelt, you may have a case against the auto manufacturer of the seatbelt. There may be a design defect that caused the malfunction. Some of the common defects involve the seatbelt buckle that may unlatch after an impact. A shoulder harness or strap may have too much slack in it causing the shoulder belt retractors to fail. Also automatic or door mounted seatbelts can injure or kill a person if the door opens during a crash. In addition, a shoulder only belt can cause strangulations and neck injuries and equally dangerous are lap-only backseat belts.


If you were a victim that was injured as a result of a seatbelt that malfunctioned during a Florida car accident, you need to seek out legal help from an experienced and skilled Florida injury attorney. An experienced attorney at the Law Office of David Benenfeld will be able to review your case and help you settle your Florida defective seatbelt claim. Call us today for a free consultation at [number type=”1″].

Who Can Be Held Liable For My Defective Tire Case?

A: Having a tire blow out while you are moving is frightening.Especially if there are no visual hints as to why it happened.The tire may look mangled or shredded with no other signs, which may lead you to believe the tire was defective.


Unfortunately a tire blow can result in a vehicle losing control and causing serious injuries or fatalities to those in the vehicle as well as other drivers on the road.


If a defective tire is the cause of a blow-out it may be from the manufacturer having a design flaw, or using defective or outdated materials, poor quality control or other manufacturing flaws.


If you have had a tire blow out that was a result of a defective tire, it is important that you contact a Florida personal injury lawyer who has experience handling defective tire cases and other car accident injury cases.


It is important that you have your tire inspected by a professional who can determine if the tire was defective. By having an inspection you will be better equipped to pursue a claim.


If after an inspection and your tire was determined to be defective, a skilled Sunrise car accident attorney may be able to help you recover damages from the tire manufacturer, tire retailer or dealer that sold you the tire. Such damages may include financial compensation if you were injured, lost wages, medical bills, and more.


Call us for a free legal consultation and we will answer your questions and help you get the compensation you deserve.


While I Was Stopped At A Stop Sign, A Car Rear Ended Me. I Was Thrown Against The Steering Wheel And Broke My Jaw And Had Multiple Lacerations. This Incident Has Caused Me Extreme Stress, And I Can Hardly Sleep At Night. How Do I Start The Process To File A Claim?

A: The auto accident you describe is serious.  Not only were you injured, but if sounds as if you are also suffering from post traumatic stress disorder (PTSD).


Any time people are in car accidents their injuries are not necessarily limited to just physical injuries.  There may have been a loss of life or even severe injuries to yourself or others that have caused emotional distress.


Because you were severely injured and required medical help and are having emotional distress, it would be wise to seek the advice of an experienced Sunrise car accident attorney.


More than likely you will be out of work for a while, which will set you back financially.  When filing a claim, your attorney will seek damages for medical expenses, hospitalization, loss of wages and anything pertaining to your case.


Contact the Law Office of David Benenfeld for a FREE consultation and evaluation of your case.  Call: (954) 677-0155

When Should I Call A Lawyer After An Intersection Accident?

A: If you have been injured in a Florida intersection accident, you should contact a lawyer right away.The crash could have been a result of a defective signal light, malfunctioning traffic light, defect in road design or construction, lack of stop sign or signal light, as well as other possibilities.


A skilled accident attorney has an accident reconstruction expert investigate the crash site to determine if there was anything else, besides driver error that could have contributed to the crash.


If the crash was caused by another negligent driver failing to yield, you need to contact a lawyer immediately so that you can find out what things you should and shouldn’t say to the insurance company and/or the other driver.Call the offices of David M. Benenfeld, a skilled Sunrise car accident lawyer who can help you, and get a free legal consultationat (954) 677-0155.

What Should I Do When I Am Involved In An Automobile Accident?

A: It is important for you to obtain the names, addresses and telephone numbers of the other people involved in the collision with you, as well as the names, addresses and telephone numbers of any witnesses. Report the accident immediately to the police as well as your insurance company. Photograph the exterior of all the automobiles, if possible, that were involved in the collision. Should you be injured, seek medical care immediately. Before giving any recorded or written statements to any insurance carriers or meeting with any insurance company representatives, it may be necessary for you to seek legal advice.


If you or a loved one has been involved in an accident, or have been injured, contact our offices today for a free consultation.

What Recourse Does A Victim Of A Florida Rollover Accident Have?

Question: I see so many rollover accidents on the Florida highways. Do victims of rollover accidents have any recourse against the make of the vehicle or is it usually the driver’s own fault?


Answer: Rollover accidents boil down to a saying. “Everyone wants to point the finger but no one wants to take the blame.” It’s no secret that drivers are often at fault when it comes to car accidents. But sometimes it’s the manufacturer that has shown negligence by putting out vehicles that have product defects. In many instances, the manufacturers may, in fact, be aware of a safety measure that they are advised to install, but refuse in order to make a profit.


In that case, if someone ever becomes injured in a rollover accident, the victim should consult an expert rollover accident attorney immediately. Manufacturers can be held liable for product liability. Victims of rollover accidents in Florida are entitled to receive compensation for punitive damages, medical expenses, lost income, and pain and suffering.


Floridians injured from rollover accidents don’t realize that they are eligible for compensation. If you have sustained a rollover accident injury, you are more than likely eligible for financial recovery from your damages and losses. Contact our offices today for a free case evaluation.

What Is The First Thing I Should Do If I'm In A Car Accident?



  1. Breathe: Take the time to pull over to a safe location and catch your breath before making any other decisions.

  2. Stay Put: You will be tempted to get out, check out the damage, and talk to the other driver. Don’t, especially if you are on a busy highway or intersection.

  3. Call 911: The dispatcher will collect your information including: location, injuries, description of accident, and your name and number.

  4. Gather Info: Collect as much data about the other driver as possible. Record name, address, several phone numbers, insurance company and policy number, license plate, make, model, and year of car.

  5. Get Medical Care: If you are injured, alert the police of suspected injury.

  6. Call Your Insurance: Submit all info and police report.

  7. Seek Professional Legal Help: Following an auto accident, it is vital to contact a skilled attorney who understands your various needs and who can help you avoid critical mistakes to make sure you receive the most financial compensation possible.


If you or a loved one has been in a vehicle accident, contact the offices of David M. Benenfeld for a free case evaluation.

What Insurance Coverage Do You Have In A Miami-Dade Hit And Run Accident?

Question: I was involved in a hit and run accident in Miami-Dade while crossing the street.  The driver never stopped. My head and leg were injured. Can I still get compensated if the driver of the vehicle that struck me is not identified?


Answer: It is important that you contact a Miami-Dade personal injury lawyer that can help you.  In most instances when the driver of the hit and run accident is not identified, the victim is eligible for compensation.


In the state of Florida, most drivers have “uninsured motorist coverage” also known as “underinsured motorist coverage.”


Underinsured motorist coverage pays for an at fault driver’s lack of coverage if the coverage is minimal.


Uninsured motorist coverage pays for the at fault driver’s complete lack of coverage.


With an unidentified driver of a hit and run accident, the uninsured motorist insurance that the injured party has will more than likely kick in from their insurance company.


Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.

What Compensation Is Available For Eye Injuries After An Auto Accident?

Question: The insurance company is making me an offer that doesn’t even cover my medical bills for my eye injury. How much is my eye injury worth?


Answer: Eyes are an extremely important part of the body, as they are very valuable. When eye injuries occur in Florida car crashes, victims of eye injuries should be compensated accordingly. This type of injury can be severe if vision is affected, blindness occurs or a deformity of the eye socket takes place.


Insurance companies seem to downplay the seriousness of injuries, offering victims less money than what is fair. They do this to save their company money. If you believe your case is worth more, do not accept their offer. Instead, talk with a skilled South Florida accident attorney to find out what your case is really worth.


You need to be compensated for the following things:



  • Medical expenses. This includes the costs for your emergency visit, doctor’s appointments, medication costs, surgical costs and more.

  • Out-of-pocket costs. These expenses can include childcare, house cleaning, or other help to take care of yourself and your needs while you are injured.

  • Lost income. This compensation should include any wages you lost and future lost income if you cannot return to work.

  • Other damages. This includes compensation for instances of pain and suffering.


Before accepting any offer, you need to know the prognosis of your injury and if your future earnings will be impacted. To make sure you are getting compensated adequately for your eye injury, call a skilled injury lawyer regarding your case worth. You can reach the Law Offices of David Benenfeld at (954) 677-0155 for a complimentary legal consultation today.

What Are The Things I Should Be Receiving Compensation For After A Car Accident Left Me With A Broken Bone?

A: Car accidents in Florida and throughout the nation cause many injuries that range from minor to severe. Insurance companies often feel that broken bone injuries are minor; however, they are anything but minor to the person who sustained this type of injury.


When an accident leaves you or anyone with a broken bone, there are many things to keep in mind when negotiating with the insurance company.


Broken bone injuries may require time away from work, surgical costs, and medical bills for the emergency room visit and follow-up doctor appointments. You should be asking for financial compensation for lost wages, medical expenses, medication costs, physical therapy, and pain and suffering. Every situation and circumstance is different, and there may be other compensation you are entitled to.


To find out more about your legal rights to recovery after a car crash, call a knowledgeable personal injury lawyer at the Law Offices of David Benenfeld at (954) 677-0155 to schedule your free legal consultation today.

Fort Lauderdale Victims Of Drunk Driving Accidents Attorney

The Fourth of July is the most dangerous time of the year to be on the road due to intoxicated drivers. Actually, because of the various parties attended throughout the summertime, there are more alcohol-related accidents as a result.


If you are in a drunk driving accident because of an intoxicated driver, what should you do?



  • First, try to remain calm;

  • If you are mobile, call the police;

  • Take many pictures of the crash;

  • Talk to the other driver; get his insurance information;

  • Make sure you are checked out by a doctor.


In the time that follows, make sure to keep track of your injuries, how much it’s costing you to receive the medical care you need, and how much time you have to take off from work to go to the medical appointments. In some cases, you may need psychological assistance to fully recover from the trauma.


There are also costs associated with the repair of your vehicle. How much are you spending, not just on getting your vehicle repaired but on a rental car? Because it can be overwhelming to deal with your claim and the insurance company, you should contact an experienced South Florida accident attorney who can handle your claim.


By taking the steps listed above and by speaking with a knowledgeable accident attorney, you may help your case instead of harming it. For a free legal evaluation of your case, contact the Law Offices of David Benenfeld at (954) 677-0155 today.

I Was In Town Visiting My Mother And Rented A Car To Get Around Town. The Tire On The Rental Car Blew Out And Caused Me To Crash. Do I Have A Legal Claim?

Tire blowouts can occur for various reasons from defective tires to improperly maintained tires.  As a result, you may have a legal claim against the rental car company or tire manufacturer, if the tires are determined to be defective.


The rental car company is required to provide their customers with well-maintained vehicles that have been inspected, serviced, and are in safe working condition. If they fail to rotate tires, maintain correct tire pressure, notice cracks in sidewalls, properly maintain tires, or replace old tires, you may have a legal claim against the rental car company.


Unfortunately, rental companies are always looking to make more money, even if that involves saving money at your expense. It is not uncommon for rental car companies to put their profits ahead of your safety. If you believe they did this, you may choose to bring a lawsuit against them in order to hold them liable for their careless choices.


It is important to hire an experienced accident attorney to make sure the evidence is secured, the tire is inspected, and that you hold the right party accountable. For example, the rental car company might not be the correct party to blame. Sometimes, the tire manufacturer could be liable if the tire is determined to be defective.


To find out who you may be able to hold accountable for your car crash and injuries, contact the Law Offices of David Benenfeld at (954) 677-0155. You can speak with a knowledgeable South Florida accident lawyer in a free consultation today.

Are There Things I Should Do To Stay Safe When My Car Breaks Down On A Highway?

Most people never assume their cars will break down while they are driving, but the truth of the matter is that vehicles do break down from time to time. This is why we applaud you on wanting to be prepared and informed about your safety options.


If you find yourself with a flat tire or another vehicle problem, here are some things you can do in order to stay as safe as possible:



  • Don’t panic. You will want to keep your car moving. Don’t slam on the brakes suddenly or jerk the wheel to the right. It is important that you remain as calm as possible during a situation like this.

  • Get to the shoulder. You will want to pull your car to the side of the road. You can do this safely by turning on your hazard lights and looking carefully before changing lanes.

  • Stay in your car. If your car stalls in traffic and you cannot move it to the shoulder, turn on your flashers and stay buckled up inside your car.  If you do get your car to the shoulder, it is best to stay inside and not stand behind or next to your vehicle.

  • Make yourself visible. You can do this by setting out flares or reflector triangles. You can also turn on your interior dome light, if your breakdown occurs at night.

  • Call the police. Use your cellphone to call law enforcement and a tow truck driver. If you do not have a cellphone, open the hood of your car to help a police officer or tow truck driver know you need help.


We hope your vehicle never breaks down and that you do not get into a car accident; however, if you are ever injured in a car crash, please contact the Law Office of David Benenfeld at (954) 677-0155. An experienced Florida accident attorney will meet with you in a free consultation.

How Should I Talk With My Teen Son About The Dangers Of Driving After Using Marijuana?

As many states in this nation have made marijuana medically legal—and the state of Florida is looking at doing the same thing—many teenagers don’t consider marijuana harmful. This perception among teenagers that marijuana doesn’t pose any harm is causing more teens to smoke pot. Unfortunately, many teens use marijuana and then get behind the wheel of their cars to drive.


What teens don’t realize is that marijuana is considered impaired driving and illegal. Additionally, driving after smoking pot can cause teen drivers a delay in their reactions. Teens may feel they are driving slower than they really are. Additionally, their judgment may be impaired. This is why parents of teen drivers should warn their teens of the risks of driving impaired in Florida, including:



  • Crashing. Because pot can change a driver’s mental state of mind, a drugged driver is more likely to cause a car crash than a sober driver. Additionally, marijuana use is linked to more wrecks than any other substances besides alcohol.

  • DUI. Driving while smoking pot or even hours after using marijuana can result in a DUI and a permanent criminal record. This can hurt a teenager’s chances of getting a dream job. Additionally, a teen driver can lose his license and even go to jail if caught driving stoned.

  • Hurt someone else. While a teen might not think he will get hurt, it is important to point out that he could hurt an innocent child or family sharing the road with him.


For additional tips and information about teen driving safety, please read our other frequently asked questions and answers, articles, and blogs. If your teenage son is injured because another teen drove impaired, contact the Law Office of David Benenfeld at (954) 677-0155 to speak with a skilled Broward County accident attorney today.

I Suffered Serious Injuries As A Result Of My Left Front Tire Failing And Causing My Car Accident. How Can I Tell If I Have A Lawsuit Against The Tire Manufacturer?

Tires can fail for many reasons. Depending on the cause of your tire failure will determine if you have a legal case against the carmaker or tire manufacturer. In order to find out if you can hold the manufacturer responsible for your accident-related injuries, you need to get your tire inspected and contact a personal injury lawyer.


If it is determined that your tire failed because it was too old, not inflated properly, not maintained, or because a nail or other debris caused the tire to fail, the manufacturer would not be liable for your car crash and injuries. However, if an inspection determined that the tire malfunctioned, it could have been caused by a defect in materials, manufacturing, or design.


If a tire inspection revealed that the tire blew out due to a tread separation or sidewall failure, you may have a legal claim. Unfortunately, defective part cases are difficult to prove because the manufacturer will attempt to deny liability. This is why it is critical to have an experienced attorney on your side and an expert who can demonstrate to the manufacturer that the tire didn’t perform as it should have and that it was, in fact, unreasonably dangerous.


If you believe your tire was defective and caused your accident, you may be able to hold the tire manufacturer responsible for your damages and injuries. You may be entitled to financial recovery for your medical bills, property damages, lost income, pain and suffering, and other damages.


For help determining if you have a valid claim and getting your fair recovery, contact the Law Offices of David Benenfeld today at (954) 677-0155 to talk with a knowledgeable  South Florida accident injury attorney in a free consultation today.

My Son Was Injured While Riding In His Friend's Car. He Said His Friend Was Texting And Driving. Can We Get My Son's Medical Bills Reimbursed From His Friend's Insurance Company?

Passengers are typically covered by personal injury protection (PIP) laws following car accidents in Florida. This means that if your son has insurance and drives, he would have this coverage; however, even if your son doesn’t have his license or insurance yet, he would have PIP coverage under your insurance plan.


While your son more than likely will get reimbursed for his medical bills, PIP benefits can limit the amount that is reimbursed. For this reason, you may want to pursue a personal injury claim against your son’s friend’s insurance company to make sure all of your son’s damages and losses are covered. This is especially the case if your son has suffered critical injuries in the crash.


Although it can be strange for you to think about filing a claim against your son’s friend’s insurance company, just remember this is the reason he has insurance coverage—to cover himself and his passengers from damages that result in a car accident. While it may feel unnatural to bring a claim against someone you know, it is important that you remember that you are not suing your son’s friend and that the claim is against the insurance company.


In order to determine your best course and how to get the most compensation possible following your son’s car accident injury, you should speak with a skilled accident attorney. You can talk about your case in more detail by calling the Law Offices of David Benenfeld for a free consultation with a Sunise car accident attorney at (954) 677-0155.

How Can We Reduce Our Daughter's Risk Of Being In A Distracted Driving Accident?

Teenagers are unfortunately big texters. They text so many times a day that it becomes second nature, which is why many don’t even realize they are participating in this activity from behind the wheel. In order to help your daughter avoid texting and driving, there are several tips from StopTextsStopWrecks.org that can help teens stop texting at the wheel, including:



  • Out of sight, out of mind. This means that teenagers should put away their cell phones in their backpacks, purses, or in their glove boxes so that they can’t reach their cell phones while they are driving. Not having a phone within reach equals no texting.

  • Silence is golden. If a teen turns off his or her ringer and notifications when getting behind the wheel of a moving motor vehicle, he or she will be less tempted to answer a phone call or respond to a text message while driving.

  • Find your app. This means that a parent could install an app that would disconnect the cell phone while the car is in motion, or a voice control app could be installed so that a teen doesn’t look down at a phone to respond to a text.

  • Designate a texter. When teenagers have passengers in their cars, they should always ask their passengers to read or send text messages on their behalf.


By following these safe driving tips, teens have a better chance of reducing their chances of being in a distracted driving accident in Florida. At the Law Offices of David Benenfeld, we encourage you to talk with your teen about these tips and share this information with those you know on Facebook to help make our roads safer.

Why Do I Have To Put My Child In A Rear-Facing Car Seat, And When Can I Face Them Forward?

It is natural to assume that a child would want to face you and see out of the vehicle instead of facing the rear of the car. However, it has been strongly recommended that all children face the rear of the vehicle until they are one year and 20 pounds. Additionally, it is the law in Florida that children should be in rear-facing car seats until one-years-old or 20 pounds.


Researchers and child safety advocates say that the rear-facing position is the safest position a child can ride in. In fact, many believe that children should not be turned forward until they reach 30 pounds or when the top of their heads are within one inch of the top of the car seat shell. Parents might not realize it, but children are better protected in a rear-facing car seat for as long as they can be in one.


The longer a baby can ride in a rear-facing car seat, the better the infant’s spinal cord will be protected in the event of a Florida auto accident. No one wants a child to suffer from a severed spinal cord, paralysis, or a life-long spinal injury. For this reason, you should leave your baby rear-facing for as long as it is safe to do so.


Forward-facing car seats do help protect toddlers, especially in rear-end crashes, but a child can suffer far more serious neck and head injuries in a forward-facing car seat in the event of a frontal or side-impact car crash. However, a child cannot ride in a rear-facing car seat if he or she surpasses the maximum limits set by the car seat manufacturer. In order to determine when it is appropriate to move your child to a forward-facing car seat, you should read the manufacturer’s guidelines and the state laws to make sure you are providing your child with the best protection possible.


Even if you have done everything correctly, unfortunately, children can suffer injuries in collisions. If your child has been harmed as a result of another’s negligence or due to a car seat defect, you should contact the Law Offices of David Benenfeld to speak with an experienced South Florida accident injury lawyer today at (954) 677-0155 in a free consultation.

What Can I Do To Help Prevent From Being In A Car Accident While I'm On Vacation In Florida?

Motor vehicle accidents can occur just about anywhere from the parking lot of your hotel to the main street in town or on the interstate heading in or out of town. In order to reduce your chances of being in a car accident in Florida while on vacation, there are some steps you can take, including:



  • Check your oil before leaving home.

  • Get your car serviced before leaving on a road trip. This includes having the tires inspected for tire pressure, age, and tread depth.

  • Replace tires if they are old or don’t have the proper tread depth.

  • Clean your windshield before you leave and every time you fill up your vehicle with gasoline, in order to get rid of the grime and dead bugs that can make it difficult to see.

  • Turn your headlights on when it is raining.


While doing these things won’t necessarily prevent you from being in a car crash, they will help reduce your chances. Because an auto accident can occur at anytime while on a road trip, it is a wise idea to travel with road flares and a first aid kit. Additionally, you should keep your insurance card and vehicle registration in your glove compartment so that it is easy to access in case of a wreck.


If you are involved and injured in an auto accident while visiting from out-of-town, you should seek medical care and contact a skilled injury attorney immediately. For help protecting your rights, contact the Law Offices of David Benenfeld to speak with an experienced South Florida car accident lawyer today at (954) 677-0155 in a free consultation.

Pedestrians Are At Risk Of Being Hit By Older Drivers In Florida. What Is The State Doing To Help Increase Pedestrian Safety?

It is true that the crash rate for older drivers increases as they age. According to the Institute for Highway Safety, there is a sharp increase in accidents at the age of 80, and drivers over 85 have the highest rate of deadly crashes per miles driven. Because Florida has a large amount of elderly drivers due to our large senior population, there are older-age requirements in place in our state to help keep drivers and pedestrians safe.


While Florida’s senior driver testing isn’t as strict as some states, the law does require older drivers age 80 and older to pass an eye exam every six years in order to renew their driver’s licenses. However, many people believe this law isn’t enough and more should be done. This is why the National Highway Traffic Safety Administration (NHTSA) has proposed new guidelines to help keep elderly drivers and other sharing the road with them as safe as possible. If these new guidelines are adopted, older driving laws would be improved in Florida as well as across every state.


Until then, some cities and counties across Florida are improving intersections and sidewalks, and creating more bike and pedestrian paths to increase overall safety. If you have been injured in a pedestrian accident in Florida, it is important to talk with a skilled accident attorney in Sunrise, FL. Contact the Law Offices of David Benenfeld today at (954) 677-0155 for a free consultation.

Why Are More Parents Getting Arrested For DUI's With Their Kids In The Car?

You may be referring to the headliner about the intoxicated Florida parent driving twice the speed limit with three small children in the backseat. Legal findings do reveal that more parents with children in the car are being charged for driving drunk, than ever before. Parents who drink and drive with kids and teens in the car are targets for child endangerment charges, as well as criminal child abuse.


Countless divorced parents are even losing custody of their children for their DUI’s. Why the increase? Studies show that more working parents stop for a drink with co-workers before picking up their kids from daycare. Others are sharing a drink with neighbors before taking the next leg of soccer carpool. While the cause of the increase in Florida auto accidents related to parents driving drunk with their kids in the car, is not yet identified, multiple factors play a part. In any case, parents would be wise to unwind after kids are tucked in bed. Nobody is suggesting these parents drive drunk alone, however this is an act that should be more actively shunned than accepted.


If you are concerned about parents who drive under the influence while their children are with them, contact the Offices of David M. Benenfeld for more information.

My Teenage Son Wants To Get His License. Is It Getting Any Safer To Drive In Broward County? What Are Current Auto Accident Statistics?

Teenagers between 16-19 years old are drivers identified as those most at risk for fatal auto accidents. In fact, they are three times more likely to die in a car crash than other licensed drivers or passengers. Teen drivers, who are male, newly licensed, and driving with other teen passengers are prime targets for serious auto accident injuries and death.


Nationwide, over one million automobile fatalities occur every year. By year 2020, that statistic is expected to increase by 65%. The Center for Disease Control and Prevention announced that over 2.3 million drivers and passengers are treated in an ER yearly, as a result of being injured in a car crash.


Florida’s Department of Highway Safety reports that 650 auto accidents occur every day. Over 200,000 auto accident injuries are sustained yearly, as well as over 2,000 car crash fatalities.  The plethora of auto accident injuries has lead drivers and passengers alike with the need to more thoroughly understand the leading causes of car crashes and which damages they are entitled to receive for compensation.


If you or a loved one suffered a serious injury in a car accident, you need a qualified Florida accident attorney that has a thorough understanding of the various factors that play into the complexity of your case. Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.

My Son Was Recently In A Serious Car Accident And The Airbags On His New Car Did Not Deploy. He Ended Up With A Serious Brain Trauma. Do You Know If He Would Be Eligible For Compensation Because The Airbags Didn't Work?

Sadly, the case of your son’s traumatic brain injury (TBI), which resulted due to the epic failure of the functioning of the airbag, is not an isolated event.


Consumers intentionally purchase vehicles based on the manufacturer’s promotion of keeping drivers and passengers safe. When airbags fail to function properly, individuals are quite susceptible to serious injuries, such as head trauma and spinal injury. Several manufacturers have recalled their vehicles based on airbag’s failure to function.


General Motors-Recalled these cars in 2012 for airbag failure



  • Cruze

  • Sonic

  • Buick Verano


Chrysler recalled over 900,000 Jeeps manufactured during the last ten years for defective front and side airbags. VW also recalled the 2012-2013 Beetles for airbag failure as well.


If you would like to speak with a South Florida car accident attorney about your son’s case, call the Law Office of David Benenfeld for a free consultation today.

My Right Leg At My Knee Had To Be Amputated From An Auto Accident That Wasn't My Fault. How Do I Know What My Case Is Worth Since This Is A Life Changing Injury?

Amputation injuries are some of the most serious debilitating injuries that victims are left with. Although insurance companies know this and understand the significance of these injuries, they also know that these injuries require some of the greatest amount of damages that should be awarded to victims. However, insurance companies like to hold onto their money.


If you are working with an insurance adjuster regarding an amputation injury, please do yourself a favor and talk with an experienced injury lawyer regarding your case. You need to find out what your case may be worth, and the insurance adjuster you are talking with is not going to tell you.


An insurance adjuster’s allegiance is with his or her company – the insurance company – and insurance companies don’t just make money by giving money away. Although the insurance adjuster may seem nice and compassionate over the phone, he or she is trained to not give the full recoveries. This is why you need a skilled attorney to negotiate your fair compensation that you deserve.


When attorneys get involved in serious cases, adjusters know you are serious and know that attorneys are aware what a fair offer should be. Your chances of getting a just recovery increases with a skilled accident attorney on your side. To talk with an experienced South Florida accident lawyer call the Law Offices of David Benenfeld at (954) 677-0155 for a complimentary legal consultation today.

My Car Was Totaled And I Had Severe Injuries After A Car Accident In Broward County. The Other Driver Crashed Into The Side Of My Car. The Driver Acted Strange When He Got Out Of The Car. The Police Found Some Drugs. What Happens Next?

A: You were lucky you weren’t killed as a result of the crash.  Drivers who are driving under the influence of drugs are dangerous.


Drivers who use drugs put others on the road in jeopardy. Some of the dangerous side effects drugs cause includes:



  • Lack of attention

  • Inability to concentration

  • Inability to react quickly

  • Drowsiness

  • Blurred vision

  • Hallucinations

  • And other dangers


If an officer at the scene of the accident suspects drugs, there will be a blood and/or urine test that will be taken.  There also may be an arrest for a DUI offense. Driving under the influence of drugs, alcohol and other substances is illegal in Florida.


Hiring an experienced Sunrise auto accident injury attorney is important.  Not only are you able to collect compensation for injury and damages, but your attorney can also prove to the court that the other driver was under the influence of drugs.


Don’t wait to contact an auto accident injury attorney.  The sooner you do, the faster your case will be resolved and justice will be served.


Call the Law Office of David Benenfeld to get help.  For a FREE legal consultation, CALL: (954) 677-0155 today.

How Long Should I Wait After Drinking To Drive Home?

Some people say you’re fine to drive if you have only had one or two drinks. Others say that it depends on how much you weigh or how old you are. Some people believe if they feel like they are not drunk, then it’s okay for them to drive. The truth is that you need to know what your blood alcohol level is in order to know when and if it’s okay for you to drive.


How much alcohol is in your blood stream is known as your blood alcohol concentration (BAC). Since the alcohol in your body is metabolized at a rate of 0.015 per hour, you can figure out your BAC and then divide by 0.015. To figure out your BAC, you would have to factor in your age, weight, gender, how many drinks you’ve had, and how long you’ve been drinking. This is tricky for some who are sober, let alone those who are intoxicated.


Although many factors contribute to your BAC (such as your physical and emotional conditions), one of the easiest ways to figure this out is to find a blood alcohol calculator. You can simply google “blood alcohol calculator” and click on one of the links. It’s even easier if you download a free app on your cell phone, such as BAC Estimator. If you are not okay to drive, it can even utilize your location services to help you find a taxi.


With the help of this app, you answer the questions and the app does the work for you. For example, one could answer that she is female, weighs 165 lbs., and has had one drink over the course of an hour. The calculator computes and finds that this female is fine to drive since her BAC is at approximately 0.013, under the legal limit (which is 0.08).


Although these BAC calculators should not be relied on as completely scientifically accurate, they can give you a good sense of whether or not you are too intoxicated to drive. If you are in doubt whether you are buzzed, it is best to stay off the road. As always, the best advice is to have a designated driver if you plan on drinking at all.


Even if you were sober, or had a designated driver drive you home, you may still be involved and injured in a serious drunk driving accident in Florida due to an intoxicated driver sharing the road with you. If you were injured, you should find out about your rights and learn how to hold the negligent driver accountable for your injuries and damages. Contact the Law Offices of David Benenfeld at (954) 677-0155 to speak with an injury lawyer today in a complimentary consultation.

How Long Will It Take For My Auto Accident Claim To Settle?

You may have heard that personal injury cases can drag on for years. Maybe you need the money faster and don’t want to deal with a long drawn out courtroom battle, so you decide to settle with the insurance company. However, each settlement is different and can vary in the length of time.


If you have relatively minor damages and injuries, your case can settle with the insurance company within a few weeks or months. However, it is important to remember to not be too eager to settle quickly. You may have more serious injuries than you first realized. If you settle too soon, you will not be able to collect fair compensation for future injuries that resulted from your Florida car accident.


If you have serious injuries, it is best to retain an attorney and trust their judgment. An attorney can help you settle your claim or pursue a courtroom lawsuit. If serious injuries are involved, your case might not settle for many months or years. You never want to settle a case when you are still healing from your injuries. Your case length will be based on your medical injuries and when you know about the full extent of injuries.


Only after knowing your prognosis should you attempt to settle with the insurance company, and not before then. For help making sure you get the full amount of compensation that you deserve in the quickest amount of time, contact a skilled injury attorney. You can reach the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation today.

Do I Have Legal Rights After Being In A Crash Even Though I'm Not A Resident Of Florida?

You should have some rights to a financial recovery, but it will depend on the nature of your crash and your accident specifics. Whether you are in an auto accident five miles down the street from your residence or 500 miles away from your home, you should still be covered by your insurance policy. Most car insurance policies extend across the nation to cover drivers even when they are in out-of-town accidents.


In order to determine what your legal rights are after a crash in Florida, you should look at your accident and ask some hard questions. Was another driver at fault for the crash? Did your negligence or distraction lead to the wreck? If you caused the accident, more than likely you won’t have a claim against the other driver and his or her insurance company; however, your own car insurance coverage will probably cover your property damages and medical bills.


If the other driver caused the car accident and your injuries, you should have the same legal rights to compensation as Florida residents have. You can pursue a personal injury claim to make a financial recovery for your medical bills, lost wages, pain, and suffering, and other damages.


No matter who is at fault in the crash, it is important that you seek medical treatment as soon as possible—even while you are visiting from out-of-town. If you fail to seek medical care, the insurance company will question the seriousness of your injuries and will attempt to give you a lower dollar amount.


Contact the Law Offices of David Benenfeld at (954) 677-0155 for a free consultation with a knowledgeable Sunrise accident attorney.

How Do I Know If My Auto Accident Case Is Really Worth Hiring An Attorney?

You probably won’t know for certain if your claim will require legal counsel until you consult with a qualified attorney. The law offices of David Benenfeld is available to meet with clients for a free legal consultation to determine if an individual has a significant case. The considerations listed below will help guide you through this process.



  1. Are your Florida auto accident injury conditions ongoing? Be certain to divulge all of your symptoms to your doctors, making sure not to leave out any details. Leave the decision making to the medical professionals. If there is ongoing treatment required, such as physical therapy, medications, or inability to return to work, then you may have a more solid case.

  2. Have you kept meticulous records and receipts of each of your medical visits, surgeries, prescriptions, and therapies? It’s vital to present a thorough explanation of your medical costs, lost wages, and pain and suffering.

  3. Is it difficult to prove liability? If you, or the police report, are not clear as to who was negligent, or at fault in causing the accident, then this will make it difficult to collect compensation.


Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.

I Was Rear-Ended Yesterday And Just Started Feeling Neck Pain. What Should I Do?

It is very common that neck pain will show up the next day the accident. While you may be able to get through the day taking pain medication and apply heating pads to your neck, don’t be fooled that the pain will go away or that it is just whiplash. Car accidents can produce a wide range of neck injuries that can even lead to debilitating injuries.


For this reason alone, you need to make sure you go see the doctor as soon as possible. Do not underestimate your injury or the damage done to your neck. You may have a more serious neck injury that you may not be aware of.


Additionally, it is a good idea to have a medical examination done for documentation purposes. If you chose to pursue a Florida personal injury lawsuit, it is wise to have your pain documented in your medical file. When you see a doctor, make sure you explain that your neck pain was a result of an auto accident so your medical file will be handled in the right way.


Make sure you document everything related to your car accident. This includes your pain, days missed from work, medical expenses and any symptoms associated with your neck injury such as blurry vision, weakness, ringing in the ears, sleep problems and more.


It is also important to not give the insurance company a recorded statement or settle with them too quickly.  If you don’t know the extent of your injuries, or if you are still experiencing neck and back pain, do not settle.  It is best to wait to find out the extent of your injuries before accepting any offer from the insurance company. Even if the number the insurance company throws out at you seems big, you may have bigger bills related to your injury when all is said and done. For this reason, do not be in a hurry to sign a final settlement with the insurance company.


For more information or to speak with a Sunrise car accident lawyer in a free legal consultation, call the Law Offices of David Benenfeld at (954) 677-0155 today.

I Was Rear-Ended In A Florida Car Crash, And Suffered A Back Injury. What Is My Case Worth?

A: Typically the vehicle that rear-ends another car is often found negligent; however, there have been some circumstances in which this is not the case. In order to determine negligence, we will need to sit down with you to find out your car accident details.


If it is determined that the other driver was negligent in your case, you will most likely be provided with compensation for your injuries.  This compensation may cover your medical bills, instances of pain and suffering, if you lost income due to time away from work, and if you need ongoing care such as physical therapy.


We will not be able to give you an exact value for your case until we have all the information regarding the extent of your injuries if you will need a future surgery, if you were released from your doctor’s care, and what damages you incurred.


Call an experienced Sunrise car accident attorney at the Law Offices of David Benenfeld at (954) 677-0155 today, for a free consultation so we can determine the worth of your case.

I Was Involved In A Car Accident. Only One Airbag Deployed On The Passenger Side. My Airbag Never Deployed And I Was Injured. Could This Have Happened As A Result Of A Defective Product In The Car? What Can I Do?

A: There is a possibility that the airbag that was installed in your car may have been a defective product. Airbags are meant to be activated and deploy upon the impact of a collision.


Inspections are supposed to be conducted before a vehicle is released for the public to buy. It is the responsibility of the manufacturer to make sure there are no flaws in any of their products.


Contact David Benenfeld, a Sunrise car accident lawyer that can investigate the cause of the accident and if a defective product was to blame.  If the injury was a result of an airbag that was a defective product, this law can hold the manufacturers, designers, distributors, and suppliers liable for damages.

I've Heard That Texting And Driving Is The Most Dangerous Thing Teen Drivers Can Do, But Aren't There Other Distractions That Are Equally As Dangerous?

Yes. While texting and driving gets the most attention from the media, there are several other activities that can cause a teen driver to get distracted behind the wheel and crash. One of the biggest causes of distracted driving affecting teens, other than talking or texting on the phone, is driving with passengers in the car.


Having young passengers in a teen’s car increases the risk for a teen to crash. In fact, some researchers believe and several studies indicate that traveling with friends and other young passengers may be more dangerous than texting.


Other than that, eating, applying make-up, reaching for a purse or something in the car, selecting a radio station or navigation route, or using the internet are all things that teens do that can cause them to be distracted at the wheel and crash. While these things are in-vehicle distractions, there are also things outside of the car that can cause a teen driver to be distracted, such as:



  • Looking at Florida traffic crashes on the side of the road

  • Reading an interesting sign

  • Checking someone out in the car next to them

  • Looking at the scenery


Because anything can be distracting to a new teen driver, it is important that parents talk with their teens regularly about safe driving habits and how important it is to focus on driving distraction free.


Sometimes teens aren’t doing anything wrong, but they still get into a car crash. If your teen was injured due to someone else’s negligence, contact the Law Offices of David Benenfeld to speak with an experienced Sunrise accident lawyer in a free consultation at (954) 677-0155 today.

Is It True That A Flat Tire Can Lead To A Life-Threatening Or Fatal Auto Accident?

For Broward County drivers who keep telling themselves they need to put air in their tires, “someday” may never come. Avoiding and procrastinating proper care and maintenance for your vehicle may, in fact, lead to life-threatening consequences. In fact, 414 fatalities and 10,275 injuries occur every year that is caused by a flat tire or tire blowout, according to the National Highway Safety Administration (NHSA).


Tires naturally lose air over time, without any interference with road hazards or damage. If the car is driven over a pothole or hits a curb, the tire can also lose air quickly. If your car has radial tires, it is practically impossible to notice tire pressure to the common eye. To assist in proper usage of the tires, it’s also vital to have your tires rotated every 5,000 miles.


Maintaining proper tire pressure will provide:



  • Improved vehicle handling

  • Improved fuel economy

  • Increase lifetime of your tires

  • Avoid breakdowns, accidents, injuries, fatalities


If you or a loved one has been injured in an auto accident caused by a flat tire, it is vital to contact the Law Offices of David Benenfeld to find out what your legal rights are and how to receive help. Call: (954) 677-0155 to meet with a skilled Sunrise accident attorney.

I Recently Heard About The 'Hit And Run' Driver On The Road Who Is A Repeat Offender. The News Said He Had Already Been Convicted Of Causing A Deadly Crash Just Two Years Ago. Why Was The Driver Allowed Back On The Road? What Are The Consequences Of A Florida Hit And Run?

The hit and run news story you are referring to involved a driver who has a history of driving recklessly for over 13 years, including a DUI and speeding. Since he was knowingly driving without a license, he faces a one year conviction sentence in prison. In this particular case, it appears as if the DMV may be part of the problem since they had the hit and run driver listed under two different names.


Florida’s Hit and Run statue, section 316.027, states:



  1. Driver causing injury or accident must remain at the scene until authorized to leave.

  2. Anyone who commits hit and run which involves death is guilty of first degree felony.


If you or a loved one is involved in a Florida hit and run accident, contact the Law Office of David Benenfeld for a FREE consultation to help with your claim. Call: (954) 677-0155.

I Read That David Cassidy From The Show Partridge Family Was Recently Pulled Over In NY For A DUI And It Was Treated As A Felony. How Can I Spot A DUI Driver?

Anyone who grew up during the 70’s remembers that David Cassidy was once every teenage girl’s heartthrob. Now a resident of Fort Lauderdale, he was recently charged with drunk driving this week. Since this celebrity has previous DUI convictions, this conviction will be treated as a felony DUI. Back in 2010, a Florida Highway Patrol trooper spotted Cassidy’s Mercedes swerving off the turnpike in St. Lucie and he was issued a DUI. This week, the officer said Cassidy failed to dim his high beam headlights, which is a key indicator of drunk driving.


Thankfully, Cassidy didn’t hurt himself or anyone else while driving drunk. In America alone, 27 people die every day from drunk driving. According to MADD, almost half of all drivers killed in car crashes tested positive for drugs or alcohol.


How to spot a DUI driver:



  1. Drunk driver stops in middle of road without cause

  2. Drunk driver going wrong way on a one-way street

  3. Drunk driver straddles line between two lanes

  4. Drunk driver fails to dim headlights

  5. Drunk driver travels well below speed limit


If you have been injured by a drunk driver, contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.

I Was Injured In An Accident And The Driver Admitted To Having One Beer Before He Drove. Although He Wasn't Considered Drunk, What Are My Rights To Hold Him Accountable?

It’s a sad reality, but even any amount of alcohol can affect a driver’s reactions, ability to drive safely, and have clear judgment. Even though a driver might be under the legal limit or may even blow a .01 or .02 BAC on the breathalyzer test, there are studies that indicate that even the smallest amount of alcohol consumption can lead to car crashes.


Because of studies like the one recently published in the journal Injury Prevention, there is proof that drivers who have consumed any amount of alcohol are more likely to be considered at fault in a crash than sober drivers. The study indicates that “buzzed” driving, in which a driver has a BAC significantly lower than .08 percent—even a BAC of a mere .01 percent  to .05 percent—may still be found at fault for a crash.


If you need help establishing your car accident claim and holding the other driver accountable for your property damages and injuries, you should contact the Law Office of David Benenfeld. A skilled Sunrise car accident injury attorney can investigate your claim and help you get the maximum compensation possible.


You may have rights to seek a financial recovery for your medical bills, lost wages, pain and suffering, property damages, and other damages. We can help you determine what your case is worth and guide you through the process of filing a Florida personal injury lawsuit. Call us at (954) 677-0155 for a free consultation today.

Is There Anything I Can Do To Increase My Car Accident Injury Claim Settlement?

If you are looking to settle your Florida car accident claim on your own, there are a few things you should know that will help you settle your claim for a higher amount.



  1. Be prepared. By taking pictures of the damage to the cars involved, the accident scene, and even your injuries, you will have some evidence to help establish your claim. However, don’t stop there. It is important to get a witness to testify to how the accident happened. Additionally, getting a copy of the police report can also help prove you were not at fault for the wreck.

  2. Don’t mistake an adjuster’s niceness. Insurance adjusters are trained professionals. They may sound sympathetic and nice, but their goal is to pay you as little money as possible on your claim. Always remember that an adjuster is not on your side.

  3. Add up your expenses. Don’t forget to include your medical bills, physical therapy expenses, car rental, damage to your car, lost wages, and any out-of-pocket expenses you incurred as a result of the crash.

  4. Be patient. Never accept the insurance adjuster’s first offer. Remember, the first offer is generally the lowest, and you have the ability to negotiate with the adjuster to reach an agreement you are satisfied with. You will need to provide sufficient documentation to support your injuries, damages, and claims of loss. This can take time to gather up the necessary paperwork and information and negotiate with the adjuster. Just remember to be patient and don’t accept a settlement you are not happy with.


If you are seriously injured following a car crash, you shouldn’t try to handle your car accident claim on your own. An attorney can help you get all the compensation you are entitled plus attempt to make a recovery for your mental and physical pain and suffering that resulted from the crash.


For help with your Florida personal injury claim, contact the Law Office of David Benenfeld to speak with a Sunrise car accident injury lawyer in a free consultation today at (954) 677-0155.

If Someone Is Rear-Ended, Is It Always The Other Driver's Fault?

Always and never are two words which are rarely spoken by insurance company agents.


If someone is rear-ended in a Florida auto accident, then it is typically the other driver’s fault and he/she will be held liable for damages. Drivers who are rear-ended often second guess themselves, especially if they stopped suddenly.


However, FL traffic law does recommend that drivers be able to stop safely when the vehicle ahead stops without notice. If a driver is unable to stop in time, then insurance companies often assume that the person is not driving in the safest manner possible.


If there is damage to the front car’s rear-end, and the rear car’s front-end, then insurance companies are likely to determine sufficient proof that it was caused by the driver in the rear. In cases where a third car is involved in the rear-ending, then that driver may be at fault and you would possibly be able to file a claim against his or her insurance company.


Understanding rear-end auto accident liability is complicated and requires a Broward County auto accident attorney who specializes in these types of claims.

If I Am Injured In An Automobile Accident, How Do I Go About Getting Medical Care With A Medical Provider?

A: In Florida, automobile insurance is “No-Fault”. This means that you can collect from your own insurance company, regardless of who is at fault and caused the damages in the accident. This also means that you may go to the medical providers with whom you are most comfortable and your own automobile insurance will pay 80% of your medical bills, minus any deductible you may have. In addition, this “No-Fault” coverage will also pay 60% of your lost wages when a doctor determines that you are unable to work due to this incident. However, because of the complexities involved with “No-Fault” insurance and it’s limitations, you may wish to consult with an attorney upon being injured in an automobile collision.


It is important to get medical attention for injuries sustained in an automobile accident. Contact our offices with any questions about who is responsible for medical costs.

I Broke Some Bones In A Car Crash Caused By A Reckless Driver, But I Didn't Realize That I Had Chest Pain For Several Days. Can I Still Get Compensated For My Chest Injuries, Or Is It Too Late?

If you are feeling pain in your chest, it is critical that you get to the hospital or your primary care doctor immediately. Sometimes chest pains are just from internal bruising; however, chest trauma could be the result of a broken rib, internal bleeding, punctured lung or other internal injury.


If a car accident in Florida had enough force to cause broken bones, do not be surprised if more injuries start popping up after the adrenaline has left your body and your swelling has started going down. Sometimes other injuries do not start showing up right away.


You may still be entitled to financial compensation for your injuries, medical bills, lost income due to time off of work, physical therapy and more, if you have not signed any paperwork with the insurance company.


Often times, insurance companies will contact you right away and offer you a settlement. They know that if they get you to sign the final settlement paperwork quickly that they might escape paying for injuries that are slow showing up. If you haven’t signed anything with them, don’t.


It is in your best interest to go to a doctor to get your chest injuries checked out and then call a Sunrise accident lawyer to help you understand your rights and what your claim may be worth.


For more information or to speak with a skilled Sunrise auto accident lawyer in a free legal consultation, call the Law Offices of David Benenfeld at (954) 677-0155 today.

I Always Thought More Was Better When It Comes To Airbags. Is It True That Airbags Have Been Found To Kill Passengers, Namely Children?

Regrettably, the National Highway Traffic Safety Administration (NHTSA) also reports a distressing link between airbags and children who die in auto accidents. For this reason alone, the NHTSA is expected to provide new mandates which improve airbag design and simultaneously eliminate the possibility of childhood death, which has been found to occur at low speed crashes.


What can parents do? It goes without saying, always keep your child buckled up, this will greatly reduce the chances of childhood injury and death from an airbag. That’s because the worst airbag injuries occur within two inches of deployment. Secondly, it’s safest for children to be placed in the backseat, and in their own child car seat. If it’s not possible to place the child in the backseat, such as a truck, remember to switch the airbag to “OFF”.


If you or a loved one suffers from a serious injury in a car accident in South Florida, you need an auto accident attorney that has a thorough understanding of the various factors that play into the complexity of your case. Call Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.

How To Deal With Insurance Companies After An Accident

Question:


I have been told that I need to be cautious when talking to an insurance company.  Isn’t the insurance company on my side to help me? How do I communicate with an insurance company so that I don’t make a mistake?


Answer:


There are always two sides to every story. Many questions arise in regards to who was driving recklessly and who was more at fault.  The victim or the victim’s family need to know how much a claim is worth from an insurance company.


When an accident occurs and has been reported to their insurance company, an insurance adjuster will call to gather information from the person who has been injured.  The adjuster’s intention is to get a statement and try to resolve the claim as soon as possible. They will prepare papers to be signed, and they may even attempt to record the conversation.


Don’t think the insurance adjuster is your best friend.  They may act as if they are there to help, but REMEMBER an insurance company is not your friend.  They will usually offer you a low settlement and hope you take it. They may send you a check, but don’t cash it until you seek legal advice from a Sunrise auto accident attorney.


By jumping ahead and cashing a check the insurance company sent you represents to the insurance company your acceptance of their settlement.  You may be entitled to a larger settlement than they offered. Talking with an experienced Sunrise personal injury lawyer will help determine if you are eligible for a higher settlement.


It is important that you know what to do if you are a victim of an accident.  I have a FREEDVD Leveling the Playing Field Against Insurance Companies that you can receive to help you not fall into any insurance companies’ traps.


Call the Law Offices of David Benenfeld, [number type=”1″] or [number type=”2″] for a free consultation to find out your options.

How Do I Go About Getting Medical Care For Injuries Caused By An Auto Accident?

Florida is a “No-Fault” state for auto insurance. Essentially, this means that your auto insurance company will pay for your bodily injury claims, regardless of who is at fault for causing the accident. Once you pay your deductible, you are entitled to seek medical care from your own personal doctors and your insurance will cover 80% of your medical claims.


Many Florida residents don’t realize they may be eligible to receive reimbursement for their lost wages under the Florida No-Fault Insurance Law. If their doctor determines that they are unable to work based on injuries sustained from a car accident, then they are entitled to receive 60% reimbursement of their lost wages.


People who are injured from car accidents often find it difficult to navigate their medical and lost wages under Florida’s No-Fault law. It is crucial that you contact an experienced car accident lawyer in Sunrise, FL, who is skilled at examining all of the evidence.


If you have questions about medical care following a car wreck, please contact us at the Law Offices of David Benenfeld.

How Can I Heal From The Psychological Wounds Following My Recent Car Accident?

Car accidents cause an array of different responses in people. With little to no physical injury, some may walk away from an accident appearing to not be affected whatsoever; however, a car accident is a traumatic event to many.


Common psychological wounds from an auto accident include denial, irritability, shame, hopelessness, worry, fear, isolation, mood swings. A person may also develop physical symptoms associated with emotional trauma such as insomnia, racing heartbeat, fatigue, muscle tension, headache, and gastrointestinal problems.


If someone is experiencing psychological trauma following a car accident he or she should focus on the following:



  1. Excellent Self Care-solid routine that includes proper nutrition, exercise, rest

  2. Stay Connected-refuse to isolate, share your feelings with friends and family

  3. Seek Quality Support-licensed clinicians, qualified doctors, and skilled attorney


If you or a loved one suffers from psychological trauma from a car accident in South Florida, you need a qualified accident attorney. Call Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: (954) 677-0155.

I Was Hit And Injured By A Car That Ran A Stop Sign. I Think The Driver Was Distracted Or On Drugs. How Can I Prove That?

Many people tend to drive distracted or intoxicated. Unfortunately, either one can lead to a crash. People assume that driving while talking on a cell phone or texting is better than driving while impaired on drugs or alcohol; however, many studies indicate that driving distracted is just as dangerous as driving intoxicated. The point is that drivers who are on drugs or are distracted can do the same amount of damage on the road.


Unfortunately, you may not really ever know if the driver was on drugs or texting or emailing at the time of the crash. If you saw the driver on his or her cell phone, you should tell the police officer. However, if you are just assuming that the driver was distracted or on drugs, it may be difficult to prove. Again, by telling the police officer of your concerns, he could ask the other driver or look for signs of drugged driving.


When a person is driving drunk, it may be more obvious because you might smell alcohol on his or her breath. If this is the case, you should ask the police officer to test the driver’s blood alcohol concentration level. If your injuries are severe and you want to pursue the case to trial, your lawyer will be able to subpoena cell phone records and get testimony from witnesses about the other driver’s behavior. For this reason, it is always a good idea to collect the names and phone numbers of any witnesses at the crash scene.


For help pursuing your case and collecting the compensation that you deserve, contact the Law Offices of David Benenfeld to speak with an auto accident injury attorney in a free consultation today. You can reach us at (954) 677-0155.

I Was Hit By A Driver Turning Into A Parking Lot. Can I Sue The Driver For My Injuries?

Yes. You should be able to bring a lawsuit against the driver for failing to yield the right-of-way to you. Drivers pulling in from the street to a parking lot are not at liberty to drive however they want. In the same manner, drivers exiting parking lots have to slow down and look for pedestrians, bicyclists, and other cars before merging into traffic.


When a driver fails to slow down and use caution when entering a driveway, he or she may be held responsible for hitting a pedestrian on the way into the parking lot. If you were walking carefully and paying attention, you should have no problem holding the careless driver responsible for your losses and damages.


You are more than likely entitled to compensation for your hospital bills, surgical costs, physical therapy expenses, lost wages, pain and suffering, and other damages. To make sure you don’t miss out on any compensation due to you following your pedestrian accident, you should hire an experienced lawyer who can fight for you.


When you hire an attorney, you can have confidence knowing that the lawyer will be looking at every aspect of your case to maximize your recovery in the best way possible. To learn more about filing a personal injury lawsuit in Florida and the type of recovery you may be entitled to, contact the Law Office of David Benenfeld. You can sit down with a pedestrian accident attorney and receive a free consultation by calling (954) 677-0155 today.

How Does Florida's New Texting Ban Affect Teenage Drivers?

Although teens enjoy being connected to their phones, not all teens will text and drive. Those who think they can multitask—such as texting while driving—will do so, even though there is a new law in place. For those teenagers who are afraid of getting a ticket, upsetting their parents, and possibly getting into a car crash, they will most likely obey the new law and refrain from texting.


The truth of the matter is that every driver—no matter the age—is now banned from sending text messages behind the wheel of a moving motor vehicle in Florida. However, teenagers send about five text messages for every one text an adult sends, possibly making this age group at risk for texting and driving and crashing.


By now, teenagers and every other driver in the state are probably aware of the loophole in the new Florida texting law. The recent law only makes texting while driving illegal when a driver is texting while the vehicle is in motion. Because of this, teenage drivers will probably be tempted to pick up their phones at traffic lights to read a text or compose a text. However, when they do this, they may be more likely to continue their text message even after traffic starts moving again.


Hopefully, Florida’s new texting ban will help teenagers to stop texting while driving, which in turn would reduce the amount of teenage-related traffic accidents in South Florida and statewide.


If you have been injured by a driver who was texting and driving in Florida, contact an experienced Sunrise accident attorney at the Law Office of David Benenfeld today to find out about your rights. Call (954) 677-0155 for a free consultation.

My Family Is Driving To South Florida This Thanksgiving And I Was Wondering If There Are Things We Should Know About The Roadways Or How To Stay As Safe As Possible This Holiday?

Typically during the Thanksgiving holiday weekend period, the Florida Highway Patrol is heavily monitoring the roads. They are watching for tailgaters, speeders, intoxicated drivers, and reckless drivers. However, even though they are patrolling the roadways and cracking down on such drivers, many Florida car accidents still occur.


Because it is one of the busiest times on the road coupled with the large amount of drunk drivers returning home from visiting their relatives, it is often one of the deadliest times of the year to be on the road. With that said, there are some safety tips to follow to help reduce your chances of being involved in a car crash this holiday, such as:



  • Get plenty of sleep before heading out

  • Plan your trip and route before leaving home

  • Check for weather conditions and roadway closures before heading out

  • Always allow plenty of time to reach your destination to avoid speeding

  • Inspect your car to verify fluid levels, tire pressure, and ensure all your lights are working

  • Slow down and follow the speed limits

  • Put away your cell phone so you aren’t tempted to drive distracted

  • Never drink and drive

  • Always make sure everyone in the car is wearing their seat belts

  • Keep a safe following distance


While you may do everything in your power to keep yourself and your family safe this Thanksgiving travel period, sometimes crashes are outside of your control due to a red light runner or drunk driver. For this reason, it is important to travel with road flares and a first aid kit. Also, it is wise to carry the phone number to a Sunrise accident lawyer.


If you are injured this holiday, please contact the Law Offices of David Benenfeld to at (954) 677-0155 to find out about your legal rights and make sure you receive adequate compensation for your damages.

An Elderly Driver Ran A Stop Sign And Hit Me. How Can I Make Sure That His Driver's License Is Revoked?

You cannot have someone’s driver’s license revoked; however, you can report your concerns to the Division of Motorist Services about that licensed driver’s ability to drive safely. The Division of Motorist Services will review your report and determine if that person is or isn’t allowed to drive a car on Florida’s roads. If the division requests a medical report or vision report from that driver and that driver fails to submit it, the driver may have his license temporarily suspended or revoked. Additionally, if that driver doesn’t pass his eye exam at the Division of Motorist Services after the age of 79, he might lose his driver’s license.


If you were injured by an elderly driver in a Florida crash, the best course of action is to pursue a legal claim for damages. It is in your best interest to work with an experienced South Florida accident attorney to pursue your rights to the fullest. Contact the Law Offices of David Benenfeld for a free consultation at (954) 677-0155 and learn more about holding that driver liable in a personal injury claim.

What Makes Driving During Thanksgiving A More Dangerous Time To Be On The Road?

While a holiday that is about giving thanks and turkey dinners doesn’t seem so dangerous, statistics show that driving during the Thanksgiving holiday travel period is one of the most dangerous times to be on the road. Unfortunately, there are more deadly accidents and drunk driving accidents that occur during this travel period than on most any other day.


Some of the reasons the Thanksgiving holiday travel period is so dangerous, includes:



  • There are more people on the road, which creates more traffic.

  • More people are driving longer miles, which can cause them to become not so alert at the wheel.

  • Many travelers leave early in the morning or late at night, which causes them to be affected by drowsy driving.

  • Drivers are often in a hurry to reach their destinations that they speed and are more aggressive.

  • Rain can cause drivers to have a difficult time seeing traffic and stopping in time.

  • Too many people are drinking alcohol and getting behind the wheel of their cars drunk.


Because it is a dangerous time of the year to be on the road, it is important that you get a good night’s sleep before driving, drive the speed limit, leave plenty of room between you and the car ahead, and never drive impaired.


If you are involved in a car accident during the Thanksgiving holiday period, contact the Law Offices of David Benenfeld to speak with an experienced Broward County injury lawyer in a free consultation at (954) 677-0155 today.

What Are Some Of The Driving Dangers I Should Talk With My Teenager About To Keep Him Safe This Summer?

It is a sad reality, but the shocking truth is that teenagers are more likely to get in car accidents over the summer. Not only could they suffer serious injuries, but they are more likely to die or kill someone else. The reason? Teens drive more miles in the summer and have more freedom and less supervision.


In order to help keep your son safe this summer, you should have a discussion with your son about the following things:



  • Cellphone dangers. Teens are more likely to text and drive, talk on their cellphones, or check emails, Facebook, Twitter, or Instagram while at the wheel of a moving motor vehicle. Remind your son to pull over to use his cellphone, and that nothing could be more important than keeping himself, his passengers, and others sharing the road with him safe.

  • Passenger dangers. Teen drivers are more likely to get distracted from their young passengers. In fact, fatal teenage crashes increased five times when two or more teen passengers were in the car. For this reason, it is best to remind your son not to transport other young passengers.

  • Eating dangers or other distracted driving dangers. Teens are constantly hungry. They may run through a drive-thru and want to eat and drink while driving. However, they need to understand that food can be a distraction because if they spill, they may cause a crash.

  • Nigh time dangers. Teens shouldn’t be allowed to drive after dark or after 9 p.m. because the risk of being in a fatal wreck increases. Set a curfew for your son to help him stay safe.


If your son was injured in a Florida car crash as a result of someone else’s negligence, please contact the Law Office of David Benenfeld to speak with a Sunrise car accident attorney in a free consultation today at (954) 677-0155.

What If The Driver Who Hit Me Wasn't Found Guilty Of Drunk Driving? Do I Still Have A Case?

Sometimes a driver isn’t found guilty of drunk driving in criminal court because the test wasn’t calibrated correctly, or because the blood alcohol concentration was below the legal limit of .08 percent. Although this driver might not be considered drunk, he or she very well could have been driving “buzzed”.


Did you know that there were 17,000 traffic accidents involving drivers with blood alcohol concentrations of .01 or higher, resulting in 12,000 serious injuries in 2012 in Florida alone? These statistics indicate that “buzzed” driving is a serious problem on our roadways.


While “buzzed” driving isn’t against the law yet, it is grounds to develop a personal injury claim in Florida civil court to show that the driver didn’t act responsibly. By showing a driver’s negligence and recklessness in a civil lawsuit, we will be able to reveal the events that led up to your accident.


For help establishing your claim and proving the other driver negligent, you need to work with an experienced accident attorney in South Florida. Make sure you have someone on your side who will fight for you and your fair recovery. Call the Law Office of David Benenfeld at (954) 677-0155 for a free consultation today and learn more about your rights.

Do I Have A Claim In A Hit-And-Run Accident If The Driver Is Not Identified?

A: Many car accident victims contact our office asking if they have a case for a claim in a hit-and-run accident even if the driver who caused the accident is not identified. Most of the time, the answer is yes. In the state of Florida, drivers often have what is called “uninsured motorist coverage” or “underinsured motorist coverage.” While “underinsured motorist coverage” compensates for an at-fault driver’s lack of coverage if the coverage is minimal, “uninsured motorist coverage” compensates for the at-fault driver’s complete lack of coverage. In the case of hit-and-run accidents in which the hit-and-run driver is not identified, this uninsured motorist (UM) coverage from the injured driver’s insurance company comes into play.


Contact us at the Law Office of David Benenfeld if you’ve been a victim of a hit and run accident.

Does Injury Law Service Handle Drunk Driving Accident Cases?

A: Yes, the law office of David Benenfeld (Injury Law Service) handles auto accident cases in which one or more drunk drivers were involved. What is unique about our office, however, is that Benenfeld only represents the injured victim of an accident caused by a drunk driver, never the drunk driver who caused the accident (the criminal defendant).


Contact the law Offices of David M. Benenfeld if you have been in an accident caused by a drunk driver. We can schedule a free consultation.

Does Florida State Law Permit Texting And Driving?

No, Florida is only one out of five states that do not currently have a law that prohibits texting and driving. Research findings reveal that over 25,000 injuries result from cell phone usage every year, accounting for an estimated 4,000 deaths, as well. Although only ten states have completely banned hand held cell phone usage by all drivers, most states have instituted some sort of law that bans texting while driving.


Since accident research provides proof that texting and cell phone usage of any sort is unsafe and makes drivers inattentive, some question why Florida is late in approving the law. Certain groups are objecting due to the government’s role in imposing more safety laws.  Last month, Senator Nancy Detert (R-Venice), filed a bill measure SB 52, which would ban drivers from manually typing or reading texts and emails.


Keep checking our website for current updates on Florida’s texting and driving law.

Does David Benenfeld Handle Pedestrian Accident Cases?

A: Yes, auto accident attorney David Benenfeld handles pedestrian accident cases, depending on the case, ranging from moderate to severe or even fatal injuries of victims. Whether you have been injured in a vehicle-pedestrian accident and require the attention of a chiropractor alone or have lost a loved one in a fatal pedestrian accident, Benenfeld will consult with you for free regarding your unique situation and provide answers to your most pressing questions.


Contact the Law Offices of David Benenfeld to schedule a free consultation.

I Was Dazed After Being Involved In Car Accident. When I Got Out Of My Car I Can Barely Remember What I Said. How Do I Know What To Say To The Other Driver After A Car Accident In Florida And What To Look For?

It is not unusual to be dazed and shaken up after being involved in an auto accident in Florida or any other state.  The most important thing to remember is to use caution as to what words you will use.  For example you don’t want to say, “I didn’t see you”, or “The sun was in my eyes” etc.


By immediately admitting that you had some problem or issue when driving can hurt any claim you may want to seek—especially if the reality was the other driver was at fault.


Listen and take notes on what the other driver says and how the driver is acting.  If you note that the other driver may have been intoxicated with alcohol or drugs, notify the police.  If a medical issue appears to be the problem, contact not only the police but any other emergency personnel immediately.


Take notes if any of these types of comments are said by the other driver:



  • It was my fault and I am sorry

  • I was on my cell phone

  • I was late for an appointment

  • The sun was in my eyes

  • I was going too fast

  • I was distracted by something

  • I didn’t see you


Whatever comments are said, it can be used to help you with your case.  This is true especially if you have been injured.


If you have been involved in a car accident, it is important to contact an attorney to help you receive the compensation you deserve.


The Law Office of David Benenfeld is an experienced car accident law firm, that can help you build your case and will offer you a FREE consultation to review your situation.  CALL: (954) 677-0155.

My Daughter Was Seriously Injured As A Passenger In Another Teenager's Car. Does She Have A Claim For Her Injuries?

After an auto accident, many passengers don’t know where to turn to get their medical expenses and other losses and damages reimbursed. Passengers should know that they are generally covered by Florida’s personal injury protection (PIP) laws. This means that your daughter may have a claim for benefits under your PIP coverage.


Although PIP coverage can reimburse your daughter for her medical expenses and other damages, there are limits under the law. If your daughter’s injuries are critical and aren’t fully covered by your PIP insurance, she may have a claim against the driver’s insurance company of the car she was riding in.


While we know filing a claim for benefits from the driver’s insurance company might be awkward because your daughter is friends with the driver, it is important to remember that you are not suing her friend but the insurance company. This is the reason drivers have insurance—to cover themselves and their passengers in the event of a Florida auto accident.


In some circumstances, passengers can file claims with the at-fault driver’s insurance carrier. Because the laws can be confusing and serious injuries can be expensive, it is critical that you work with an experienced accident attorney to make sure your daughter gets the proper compensation and coverage she deserves.


For help collecting damages for your daughter’s injuries and medical bills, you should contact the Law Offices of David Benenfeld. You can speak with a knowledgeable Sunrise auto accident attorney in a free consultation by calling (954) 677-0155 today.

What Should I Do After My Daughter Was Hit In A Mall Parking Lot By An Aggressive Driver?

Many drivers are aggressive, but drivers are typically more aggressive during the holiday season when parking lots are crowded. Unfortunately, crowds often frustrate drivers and cause some drivers to become more reckless and aggressive. When this happens, drivers might do something negligent and strike a pedestrian or another car.


After a pedestrian is struck by a moving motor vehicle in a parking lot, injured pedestrians need to know what to do in order to protect themselves and make sure they get the proper compensation.


If your daughter has been injured, do the following things:



  • Contact 911 to have an ambulance sent to the accident scene.

  • Get information from the driver, including his or her driver’s license number, insurance policy number, license plate number, and general contact information.

  • Take photographs with your cell phone of the car’s damages and any visible injuries your daughter has.

  • If there were any witnesses to the crash, ask for their contact information.

  • If the police arrived at the scene, request a copy of the police report.


Because it is often difficult for pedestrians to get the compensation that they deserve from an insurance company, many injured pedestrians need to seek the legal advice of an attorney. If you would like to speak with an experienced Sunrise car accident attorney, contact the Law Offices of David Benenfeld for a free consultation at (954) 677-0155 today.

If My Daughter Was Hit Exiting A School Bus, When Is It Her Fault And When Is It A Driver's Fault?

When children ride aboard a school bus, they often walk to the bus stop and back. Sometimes this involves children crossing over residential or busy streets to reach the school bus or to get home. For this reason, school buses typically have their red lights activated and the school bus stop sign extended from the back of the bus to notify drivers of cars to stop.


Unfortunately, many drivers fail to notice the flashing lights or stop sign, or they are in a hurry and decide to pass the school bus. When this happens and a child is getting off of a bus and crossing a street, the driver who hit the child is likely responsible. Most of the time, these types of accidents are the fault of drivers who are distracted at the wheel, speeding, tailgating, clueless about the laws, or are just driving carelessly.


Drivers need to be extra careful near school buses, school bus loading and unloading zones, and in school zones. When they fail to follow the road rules, yield to children, or drive safely around school buses and school zones, they need to be held accountable for their reckless actions.


To pursue a personal injury claim against a negligent driver following your child’s pedestrian accident in Florida, contact the Law Offices of David Benenfeld. You can reach a knowledgeable South Florida injury attorney to learn more about your rights in a free consultation by calling (954) 677-0155.

Can I Collect Compensation For My Seat Belt Collarbone Injuries That Occurred In The Crash?

Yes. If your collarbone was injured in a Florida crash, even if it was the result of your seat belt, you may include the injury as part of your personal injury claim. Your seat belt may have caused your shoulder injury, but it wouldn’t have occurred unless you were involved in a collision.


In Florida, you have 14 days to see a doctor and get checked out for your injuries. Make sure the doctor knows you were in a crash and that you suffered an injury to your shoulder. This way, he or she should provide you with a full examination to determine if there are any other injuries you incurred.


Before you accept any amount of money from the insurance company for compensation after your Florida crash, make sure you are accounting for any additional injuries from the seat belt or that occurred in the wreck, such as nerve injuries and other fractures. You should be entitled to full compensation for your medical expenses including your ER bill, surgical expenses, rehabilitation costs, lost income, and other damages.


For help making sure you get fair and full compensation after a car accident, contact the Law Offices of David Benenfeld at (954) 677-0155. You can speak with a knowledgeable Florida accident attorney in a free consultation today.

My Collarbone Was Broken In A Crash. Does That Mean The Seat Belt Was Defective Or I Was Wearing It Wrong?

Seat belts are designed to sit snugly on your collarbone and chest. When a seat belt quickly locks up to keep you from flying forward in a collision, it can cause injuries to your collarbone, shoulder, upper abdomen, and even ribs.


If there is enough force placed on the collarbone during the accident, it can break. For example, if you were traveling at 70 miles per hour and your seat belt locked up upon impact, your seat belt and shoulder will receive the force of the collision. As a result, your shoulder may suffer a seat belt car crash-related injury such as a broken clavicle.


Additionally, shoulder injuries can occur during car crashes as a result of bracing for impact. By holding on tightly to the steering wheel right before the crash, it can cause your shoulder to dislocate, muscles to tear, and even broke bones to occur.


Broken collarbones are common yet serious injuries that occur in auto accidents. If you suffered a shoulder injury in a car accident, you may be entitled to a financial recovery for your injuries.


Get your other questions answered and learn about pursuing a personal injury lawsuit by calling the Law Offices of David Benenfeld today at (954) 677-0155. An experienced Sunrise car crash attorney will provide you with a complimentary consultation.

There Have Been Many Car And Pedestrian Accidents In Parking Lots During The Holiday Shopping Season. How Can Pedestrians Reduce Their Chance Of Being Hit?

Whether you need to go to the mall, Wal-Mart, Home Depot, Best Buy, or any other store during the holiday shopping season, you will notice how many cars and pedestrians are moving around parking lots. Vehicles are constantly pulling in and out of parking spaces, and pedestrians are walking to and from stores. As a result of so much going on, parking lots are often chaotic and the place where many accidents take place.


Because drivers are often distracted with the thought of getting the best parking space, they aren’t always paying the closest attention to pedestrians. For this reason, pedestrians need to do their part to decrease their chances of being hit by cars this holiday season.


Some tips include:



  • Always be scanning the parking lot for moving vehicles, such as those pulling in and out of parking spots and vehicles driving down aisles.

  • Don’t pull out your cell phone until you reach the inside of a store. By talking or texting and walking, you can miss a vehicle pulling out of a parking space or into the parking lot.

  • Don’t be in such a hurry. By taking your time walking through a parking lot, you can help decrease your chances of being in a crash.

  • Don’t walk behind vehicles if there is a walkway that is available to walk on.

  • Use walkways and cross walks whenever possible.

  • Be visible when leaving the mall after dark. By wearing bright, reflective colors or using a flashlight, drivers of cars will have a better chance of seeing you.


If you were injured in a pedestrian parking lot accident in Florida by a negligent driver, contact the Law Offices of David Benenfeld to speak with a Sunrise car crash lawyer in a free consultation today. You can reach us at (954) 677-0155.

What Can Pedestrians Do To Reduce Being Hit By A Car When Walking Near A Parking Lot Driveway?

Drivers of cars quickly turn into parking lots from the street, where they are traveling at speeds of over 30 miles per hour. When they pull into a driveway, they typically aren’t thinking about pedestrians or even watching out for them. Sadly, many driveway pedestrian accidents occur because of negligent drivers failing to yield to pedestrians.


Unfortunately, pedestrians will always be vulnerable when walking near moving motor vehicles. Because cars and trucks are bigger and heavier, they can cause serious injuries in the event of a pedestrian accident. Although drivers of moving motor vehicles need to do their part to protect pedestrians and yield to them, pedestrians should also watch out for their own safety.


In order to lower the chances of a driveway pedestrian accident in Florida, here are some safety tips pedestrians can follow:



  • Pay attention

  • Never use headphones or listen to music when walking

  • Don’t be talking on your cell phone or texting while walking

  • Don’t assume just because you are a pedestrian that a driver will see you or stop for you

  • Always walk on sidewalks

  • Walk facing traffic when sidewalks aren’t available

  • Wear bright colored clothing during the day while walking

  • Wear reflective clothing at night and carry a flashlight while walking

  • Look both ways before crossing over a parking lot driveway


If you or a loved one was injured by a careless driver entering a parking lot, you may be entitled to a financial recovery for your damages. To find out more about your rights, contact the Law Office of David Benenfeld to speak with a Sunrise car crash injury lawyer in a free consultation today at (954) 677-0155.

Can A Driver Be Held Liable For A Car Accident Even Though He Was Blinded By The Sun?

Unfortunately, many people use the sun’s harsh rays as an excuse for their careless and negligent driving behavior. Every motorist should be aware of the sun’s glare and take actions to prevent being in a car accident. For example, maybe a driver was driving too fast, and traveling at unsafe speeds during harsh sunlight. That could have been a bad combination that resulted in a car accident.


When the sun’s glare is intense, drivers should be driving slowly and using extreme caution. Every driver has a duty to drive safely and obey the traffic laws—only traveling as fast as the posted speed limits or the conditions at the time allowed. When it is foggy or rainy, drivers should drive slower just like they should when the sun’s rays are intense.


Drivers who cause traffic collisions and blame the sun’s glare should be held liable for the accident. Although the sun’s rays can pose a serious driving danger, drivers should wear sunglasses, have clean windshields, and drive safely to avoid crashing during conditions like these.


When drivers are tailgating, speeding, or are participating in distracted driving, they are putting innocent lives at risk and can be found liable in the event of a Florida car accident. If a driver isn’t paying close attention, isn’t wearing sunglasses, and has a dirty windshield, he or she should be held accountable for a crash. Drivers can take steps to reduce the effects of the sun’s rays. When they fail to take such steps, they should be held responsible.


If you have been injured by a careless driver, you should contact the Law Office of David Benenfeld to speak with a lawyer in a free consultation today at (954) 677-0155.

What Benefits Am I Entitled To After Suffering Injuries In A Crash Caused By An Impaired Driver?

Personal injury cases that involve injuries caused in car accidents, truck accidents, or motorcycle accidents often involve the same types of damages. When innocent victims are injured by the carelessness of others—whether that includes drunk drivers or distracted drivers—they deserve to be compensated financially for their damages.


Some of the types of damages that personal injury victims collect include:



  • Medical bills and expenses. This includes ER bills, hospital bills, surgical costs, physical therapy and rehabilitation costs, bills from doctor’s visits, and even travel costs to those appointments.

  • Loss of income. This includes any wages and benefits you have lost as a result of being injured and off of work. Sometimes, this can include future lost wages depending on the severity of your injury.

  • Pain and suffering. This includes compensation for mental anguish and emotional grief as well as the unnecessary pain you experienced as a result of the crash.


There are other types of damages that might apply in your case, but it is best to speak with an experienced  Sunrise car accident attorney about your case in more detail. Please contact the Law Offices of David Benenfeld for a free consultation at [number type=”2″] or [number type=”2″] and learn more about the benefits you are entitled to.

What Are The Benefits Of Airbags?

Vehicle airbags are an important safety feature required for the past several years. Why? Because they save lives. Front and side airbags are designed to inflate in about 1/20th of a second upon impact to cushion the human body from fatal blows.


In roll-over crashes, side curtain airbags help reduce front-seat occupant deaths by 41%, according to the National Highway Traffic Safety Administration (NHTSA). New types of airbags, which began to appear in 2002, are designed to remain inflated longer. In 2014 models, about 38% of new passenger vehicles have them. Other types of airbags have been available on U.S. passenger vehicles since 1996. These include curtain airbags; torso airbags, which deploy from the seat; and combination head/torso airbags.


When airbags deploy properly in a car accident, your life and those of your friends and family will be much better protected than without them. However, airbags have been known to be defective and actually cause more harm than good. If you have been in a car accident and aren’t sure if the airbags worked properly, you should contact an experienced accident attorney.


At the Law Offices of David Benenfeld, we can help you build a strong case so that you can recover both economic and non-economic damages following your accident. Call us to speak with an experienced and caring Florida accident injury lawyer for a free consultation today at (954) 677-0155.

How Do I Answer Questions From An Insurance Claims Adjuster After Being Injured In An Auto Accident?

Beware of an insurance adjuster!  An insurance adjuster is not your friend and may make a call to you acting as if you are buddies.


They have been trained quite well to minimize the amount of money that they will pay out to personal injury victims.  Their main objective is to save the company money.


When you make a statement to a claims adjuster, he or she will more than likely come back with some sort of loaded question.


They may ask questions such as:



  • Did you see the vehicle coming when it hit you?

  • Was the sun in your eyes?

  • Did you have any prior aches and pains prior to the accident?

  • What do you think your liability is?


Under no circumstance should you release any medical records to an adjuster or give out the name of your physician.


When settling a claim, the insurance company may offer you a certain amount to accept as payment to make you go away.  DON’T TAKE IT!


A Sunrise auto accident attorney should be contacted to evaluate your auto accident claim and to help you make the right decision as to a settlement amount.  In most cases, it is more than what the insurance company will offer.


If you have been injured in an auto accident in Florida, contact the Law Offices of David Benenfeld, an accident injury attorney in Broward County, to assist you with your claim.  CALL: (954) 677-0155.

I Almost Hit A Cyclist The Other Day Due To Sun's Rays. What Can Be Done To Reduce The Effects Of The Sun Glare?

The sun can be very intense, and it can temporarily blind motorists. In order to combat this problem , there are some things drivers can do to reduce the sun glare, such as:



  • Wear sunglasses with polarized lenses and UV protection to block out the harshness of the sun.

  • Clean the windshield and windows regularly.

  • Don’t use shiny dashboard cleaners because it can magnify the glare.

  • Drive slower when affected by sun glare.

  • Use extreme caution. If you can’t see, you shouldn’t be driving.

  • Drive with your headlights on so other drivers have an easier time seeing your vehicle.

  • Alter your route, if possible, so that you aren’t driving on east-west roads. Try to take north-south roads for most of your commute until you have to take an east-west street.

  • Change your work time so that you can come in and leave earlier to avoid driving directly into the sun.


It is important to always be aware of the sun and never let the glare from the sun take you by surprise. By taking these steps, you should help protect yourself from the effects of sun glare and reduce your chances of being in car wreck.


If someone else caused your accident, contact the Law Offices of David Benenfeld to speak with an experienced attorney in a free consultation at (954) 677-0155 today.


My Airbag Didn't Deploy In My Car Accident And I Was Seriously Injured. Do I Have A Case Against The Manufacturer?

You could have a lawsuit against the manufacturer for your injuries, if it is determined that the airbag was defective.  Because there are various manufacturers of air bags, their inflators, and sensors, a thorough search for recalls and defective equipment will have to be done. Professionals with access to this information and expertise in this field should be consulted to confirm if there was negligence or defective parts that contributed to your accident injury.


If you have been injured by an airbag during a collision, it is in your best interest to hold off on getting your car repaired and to contact an experienced personal injury lawyer. An attorney will get the right experts to investigate your car and airbag, collect evidence, and build a strong case for you in order to get you the most compensation possible.


To learn more about your rights to a financial recovery and how to hold the auto manufacturer liable, call the Law Offices of David Benenfeld at (954) 677-0155 for a complimentary consultation with a Florida accident attorney today.

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