How many times did we hear this while growing up? How many times have we told our own children this common sense advice? Well, unfortunately, statistics indicate that folks who live in or visit Orlando simply forget or ignore this mantra.
According to a study by Transportation for America, a safety advocacy coalition, the greater Orlando area is the deadliest urban center in the United States for pedestrians. More than 550 Orlando area pedestrians were killed during the past decade—an annual rate of 3 per 100,000 people. Half of these fatalities occurred while pedestrians were trying to cross over wide-multilane roads that are designed to move heavy traffic and are not necessarily pedestrian friendly. More often than not, the intersections on these roads are far apart, which leads pedestrians between these intersections to decide whether to walk the extra distance or to take their chances. Although certainly more people cross safely than not, the statistics present a grim picture of the risks of this endeavor.
Florida Statutes §§ 316.130 and 316.2065 set forth the respective duties of pedestrians and nearby drivers. Click here to read more »
Many cities and counties across Central Florida/Orlando and across the country have implemented the use of red light cameras at intersections to reduce the number of collisions and injuries resulting from these collisions. Local jurisdictions which have installed these cameras include Orlando, Winter Park, Apopka, Ocoee, and Orange County. Kissimmee, Deland, and Oviedo are also considering installing these cameras. On Wednesday, May 25, 2011, Orange County Judge Jerry Brewer dismissed a lawsuit that challenged the constitutionality of Florida’s Red Light Camera Law. However, other lawsuits challenging Florida’s Red Light Camera Law will be forthcoming.
The Florida legislature enacted the Red Light Camera Statute, F.S. 316.0083 in the 2010 special session of the legislature. This statute in part states that notification of a violation must be sent to the owner of the motor vehicle within thirty days informing that person of the remedies under F.S. 318.14 and that they must pay a $158.00 fine or furnish an affidavit of defense pursuant to the statute within thirty days of the notification.
Click here to read more »
Am I Entitled to Unemployment Benefits?
Many individuals are aware that when they get into an automobile accident that their personal injury protection (PIP) insurance usually covers 60% of their lost wages. They also understand that it also pays a large part of their medical expenses. However, unfortunately, many fail to realize that PIP also offers other less obvious benefits.
Florida Statute 627.736 in pertinent part:
Click here to read more »
Generally speaking, insurance adjuster’s decide on the amount of compensation the will pay to an injured party on the basis of several factor such as the following: the objective evidence, the amount of property damage to the vehicles involved, the amount of medical bills (paid and unpaid), and the strength of the testimony/story of the injured party.
The objective evidence considered is typically the results of medical tests rather than only the symptoms the party conveys to the physician. The most common tests in persons with neck and back injury cases for example are x-rays, MRI scans, CT scans, and tests which document nerve injury. If the objective tests are negative or a finding is not obvious, then an adjuster will document less value to a claim because a jury will have to rely on issues of credibility more if the case is not settled. Scarring, fractures, loss of sight or other function typically are valued much more than complaints of pain alone due to the issue of proof that an injured party has in these cases.
Click here to read more »
Most victims in motor vehicle accidents understand that the other driver’s insurance company is responsible for their medical expenses. But not everyone realizes that, under Florida law, they are entitled to compensation for pain and suffering, if the injuries are permanent.
Determining the value of pain and suffering is difficult, so the law provides some guidance. At a trial, a jury will be instructed to consider not only the physical pain experienced by the victim, but also mental anguish, inconvenience and loss of enjoyment of life (Florida Standard Jury Instructions (Civil) 501.2a). The jury will be told to determine a fair amount, covering the past and the future.
This means that you have to consider the traumatic experience of the accident itself, the immediate physical pain, and the likelihood of a lifetime of pain. You have to consider the upheaval caused by numerous doctor visits, therapy appointments, and trips to the pharmacy. This includes the stress involved in leaving work early, arriving late, and arranging for additional child care.
Click here to read more »
This Legislative Session the State Budget, education, personal injury protection insurance, rule making authority of the court, standards for medical facilities, access to the Courts and many other weighty issues are being considered. The actions taken by the Legislature today can impact you, your friends and your family for years to come. Florida has laws designed to make sure that Floridians are able to see what their government is doing. This article is not about a particular political point of view. It is about showing Floridians how they can learn about actions its Government is proposing, so that Floridians can voice their opinions on these actions before they impact Floridians’ lives.
The State Government can be easily accessed on the internet. Below are websites that can be utilized to keep you informed about your State Government:
Click here to read more »
Whether you plan to drive it or not, if you own a vehicle with a state license plate you must cover it with the minimum liability insurance requirements. Returning your license plate to a driver license or tax collector office is the only way to legally cancel your insurance.
The state’s Financial Responsibility Law and No-Fault Law work together to require each vehicle owner to have certain amounts of liability coverage.
Financial Responsibility Law
Click here to read more »
In the 1970’s the Florida legislature passed the first Personal Injury Protection (“PIP”) law. This law arose out of a desire to insure that those that were involved in automobile accidents had access to healthcare and were not an unreasonable burden on the governmental sources of medical care. The Florida Supreme Court states that one of the purposes of PIP is to provide quick, and virtually automatic payment of medical bills arising out of injuries incurred in an automobile crash. The law provided for up to $10,000 in benefits, and almost 40 years later that number has not changed.
The truth about this, as with most systems, is that most try to use it in a reasonable and moral manner. However, there are always those that push the limits. PIP is no different. There are insurance companies (most of them at one point or another) that refuse to pay legitimate claims in the interest of improving their bottom line; and there are lawyers who bring claims for the sole and express purpose of earning a fee, and there are medical providers that perform extra procedures and charge higher prices, because there is PIP to pay it.
Click here to read more »
There are several misconceptions regarding whether an injured person needs to consult with an attorney following an accident. Even when the facts of an accident seem to be “simple and straightforward,” there are often several complicating factors that only an experienced attorney can recognize and advise you on.
By way of example, let’s say you are stopped at a traffic light, and your vehicle is rear-ended by someone else who was not paying attention. It is a serious collision that involves both vehicles being totaled, and you are taken from the scene by ambulance and spend several days in the hospital. After you are discharged from the hospital, you receive a call from the at-fault driver’s insurance company. The insurance adjuster says the at-fault driver has a $10,000 insurance policy which they are willing to pay you immediately in exchange for a release of their insured (i.e. in exchange for the $10,000 you agree not to sue the at-fault driver). Why do you need a lawyer? There are many reasons. Here are four.
First, if you have underinsured motorist coverage on your automobile policy, and your damages exceed the amount of insurance available from the defendant’s policy, you can make a claim against your own policy. However, one of the conditions of being able to make this type of claim is that you obtain the consent from your own insurance company before you release the insured. This process can be complicated, and if you were to sign the release before going through this process, you would likely be prevented from even making a claim with your insurance company. This could cost you tens of thousands of dollars.
Click here to read more »
I have represented many folks injured in slip-and-fall or trip-and-fall accidents in Florida over the last 17 years. During my initial client meetings, most new clients tell me that because an accident occurred on someone else’s property, the property owner is 100% at fault. Under Florida law, a property owner is not automatically responsible for injuries and damages that an injured person has sustained. This is a common misperception among the populace. (Please note that Florida also does not recognize common law marriage.)
Florida has adopted and codified the concept of “comparative fault” in Florida Statute Section 768.81. This means that any fault chargeable to the Plaintiff diminishes proportionately the amount of economic and noneconomic damages that a Plaintiff may recover from a jury, but does not bar recovery. The trial court must then apportion a Plaintiff’s damages based upon the percentage of fault found by the jury on the Plaintiff. For example, if a jury awards a Plaintiff the amount of $50,000.00 but finds that the Plaintiff is 50% at fault, the trial court will automatically reduce the jury’s verdict down to $25,000.00.
Click here to read more »
