Florida Personal Injury Attorney Blog

In a misguided attempt to find other sources of revenue, cities throughout South Florida are actually considering charging a fee to those citizens who are involved in auto accidents within their city limits. This month, the town of Davie will likely vote whether to bill non-residents who are involved in automobile accidents in their city.

The Florida Sun Sentinel reports that Davie is defending the fee as “a way of recouping tax dollars that are spent on non-residents”, town spokesman Braulio Rosa said. Davie is considering an average charge of $840.00. Miramar, Plantation and Southwest Ranches are still undecided as to what to charge, if anything, and under what circumstances.

There are those that are worried that this will start a fee war between the cities. The city of Weston has already threatened to respond by passing a similar ordinance if their residents are charged. The American Civil Liberties Union may challenge these ordinances on constitutional grounds. Brandon Herslan, a spokesman for the ACLU of Florida, stated that by singling out non-residents, proposals being considered in Davie and Miramar “raise questions about equal and fair treatment of citizens” and could spur lawsuits.

The cities are responding by saying they will bill the driver’s insurance companies. Michael Connolly, a spokesman for State Farm Insurance, the state’s largest private insurer, responded by saying automobile insurance premiums will rise.

This issue represents a microcosm of the problems that have been caused by the cuts in our state’s budget. These cuts have left local governments in a desperate search to make up the lost funds that they were once receiving from the state. Compounding this problem is the decrease in the local tax base caused by the pop of the real estate bubble and the significant increase in foreclosures.

However, by creating these quasi tax schemes, the citizens of all cities are the ones that are harmed. With the state and national economy causing widespread problems for everyone, it is time for the cities to slash even more fat out of their budgets.

Cities should retain independent companies to analyze their budgets and recommend reasonable cuts that will force the cities to operate more efficiently. Disparate tax schemes, like the one discussed in this article, are not the answer and may in fact be unconstitutional depending on how they are framed.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , INSURANCE COVERAGE

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Where do you stand on this issue? It seems wherever you go, people are on their cell phone even while driving their cars. This has caused many to wonder whether cell phone use should be permitted while operating a motor vehicle. There are three sides to this issue:
1. A ban on cell phone use by drivers due to the fact that many Florida car accidents happen when a driver is distracted while talking on the phone.
2. No ban on cell phone use due to the opinion that it is possible to drive safely while speaking on a phone and no one should dictate that drivers should not be able to talk and drive.
3. A compromise – allow cell phone use only with a hands-free headset or ear piece.

Earlier this year bills were introduced by Florida Legislators which were aimed at reducing cell phone calls in moving cars, none were passed. One bill was aimed at banning all Florida drivers from sending a call, texting, dialing, listening or speaking on a wireless device without a hands-free device. Another would have banned teen drivers from driving and talking on hand-held devices.

We have found in our practice that there are more and more accidents that are caused by drivers who are on there cell phones and there are statistics that do seem to suggest that legislation is needed. The leading cause of fatalities for teenagers and drivers in their 20’s and 30’s reported by the CDC are car accidents. In addition, it is well known that car accidents also cause many serious injuries to drivers and passengers. The following studies have found a link between fatalities and injuries in vehicular accidents and cell phone use by the drivers:
1. In 2002, the Harvard Center for Risk Analysis study, found that about 2,600 fatalities each year are caused by drivers who are distracted by cell phones at the time of an accident.
2. The California Highway Patrol also conducted their own research in 2001 and found that during a nine month period 4,699 car crashes were linked to drivers distracted by their cell phones.
3. Another study conducted by the University of Utah found that drivers using cell phones had the same response times as drunk drivers. The drivers using cell phones, the research revealed, were 9% slower to brake and 19% slower to return to normal driving speeds.

It’s almost impossible to believe that our Florida legislature decided five years ago to make it illegal for local jurisdictions to ban cell phones. The studies listed and data from our own Florida Department of Highway Safety and Motor Vehicles reveal that in 2006, 26 car accident fatalities and 1,364 car accident injuries in Florida involved driver distractions. We all need to let our legislature know that the citizens of Florida want their streets and highways to be safer and legislation that limits the use of cell phones while operating a motor vehicle will help to accomplish that goal. This is not about convenience or taking away our rights, it is about saving lives that are needlessly cut short as a result of drivers who are unnecessarily distracted while operating a vehicle.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , CELL PHONE USE

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You are driving down the road in Broward County, wearing your seatbelt and obeying all traffic signals and laws. The last thing you thought would happen is a car running a red light and striking your vehicle at the intersection. You advise the Officer at the scene of your statement and the other driver is cited at fault for the accident. You are injured so you go to the ER. You are waiting to be seen and so many things are running through your mind…am I going to be OK…what about my car…how am I going to get to work…etc… These are questions our South Florida firm answers everyday when we speak with our prospective clients for the first time. In an effort to help our prospective clients we have compiled a checklist of sorts that can be used by anyone who is injured in an accident in the State of Florida.

1. Be truthful to everyone about any physical limitation you now have. In order for your doctors and attorney to help you with your case we need to know about all of your symptoms.

2. Don't accept a check or sign a release from an insurance company for your property damage claim unless you are sure you know exactly what it covers. Sometimes insurance companies will attempt to get you to release "any and all claims" - including your personal injury claim when you are only settling your claim for property damage. Please check with your attorney if you're not sure.

3. Do not hide past accidents or injuries from your lawyer. Insurance companies have access to accident information in a central database, so the other insurance company will more than likely find out about your prior medical history and accident.

4. We find that it is extremely helpful when clients keep a record of how they feel. A diary is an excellent way to organize this information. The diary should contain notes of their doctor and therapy appointments, medications, and inability to work and enjoy any of the activities that were enjoyed and participated in before the accident. In real life there are few "cant's" after an accident. Most people recover the ability to perform most activities, unless they are bedridden. But generally, if they have limitations, it's because they can't do the activity as long, as hard, or as strongly as they used to. A diary which reflects these limitations is important to your injury case because they can really show the adjuster how you have been affected on a daily basis as a result of the accident.

5. Do not try and deal with pain. See a doctor or go to the ER immediately after your accident. Tell your doctor everything: about how the accident occurred, and advise him or her of any past accidents or medical conditions.

6. Video cameras can be hidden anywhere. You may not know you are being videotaped and it could be at anytime or in any place. We have seen this many times. You will lose all credibility if you claim you cannot perform a certain way and then are caught “on tape” doing those exact things or something similar. If you are honest and truthful about your injuries and limitations this invasion of your privacy will only bolster your case. Go on as usual if you see someone following you and let them record for all to see how your injuries have affected your ability to perform your normal everyday functions. This will be your best evidence.

These are just a few of the things we routinely go over with our clients so they can be educated on what they can do to help us to obtain the maximum recovery possible for their individual case. Insurance companies are for profit businesses and in order for us to obtain fair, speedy and just compensation to persons injured through the fault of another (the insurance company's policyholder) we have to do everything we can do to present a case in the light most favorable to our clients and convince the Insurance Companies that our clients are entitled to be paid a fair, speedy and just settlement as a result of their insured's negligence. If you want to read more about what not to do after you are in an accident you can read an article in our blog : “Florida Auto Accidents: The Mistakes People Make” dated June 26, 2008.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS , MOTORCYCLE ACCIDENTS , PEDESTRIAN ACCIDENTS

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On Monday, June 23, 2008, a statewide campaign was instituted by the Florida Highway Patrol to spread awareness of Florida's Move Over Law. This law is designed to protect Police Officers, Emergency Workers and Pedestrians at the scene of accidents from being struck by vehicles on Florida roads. The Move Over Law states that a driver must vacate the lane next to where a law enforcement vehicle has stopped on the side of a road with its lights flashing. During the weeklong campaign officers will issue warnings to motorists through Wednesday and on Thursday will begin issuing tickets for violations.

Florida’s Move Over Law was meant to prevent tragedies such as these:

• A case in Miami recently when Rescue crews amputated a man's leg on a Miami highway after he was crushed between two vehicles. The accident occurred while the man was checking the damage to his car after he was struck from behind by a sport utility vehicle. Another vehicle then crashed into the SUV, pinning the man.

• According to Florida Highway Patrol three people were killed since the Memorial Day weekend while checking their vehicles for damage after a crash in the middle of a road.

• A Road Ranger was critically injured while assisting a motorist on the Palmetto Expressway. The Road Ranger was assisting a vehicle that was disabled when another car struck the Ranger's truck, which then in turn struck the Road Ranger.

Tragedies such as these can be been avoided if all drivers adhere to the following safety precautions:

1. Drivers should move their cars to the side of the road before checking for damage after minor accidents;
2. Drivers should vacate the lane next to where a law enforcement vehicle has stopped on the side of the road; and
3. Drives should vacate the lane next to the scene of an auto accident.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , PEDESTRIAN ACCIDENTS

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Quite often during meetings with our clients in our Fort Lauderale and Weston offices, we are frequently asked the question: What do I do when I am injured in a car accident in the State of Florida? The answer to that question in our opinion is better answered by providing our clients with a very short list of things they should never do. These are the mistakes that we are often faced with when clients first come to our office and we find that they have:

1. Failed to report the accident to the Police and to the insurance company;
2. Failed to document their Injuries to the Police, Rescue, and the insurance company;
2. Failed to take photographs of their injuries and property damage;
3. Failed to go to a doctor to document their injuries;
4. Made a signed or recorded statement to their own insurance company without first seeking legal advice; and
5. Made a signed or recorded statement to the party at fault’s insurance company without first seeking legal advice.

These may seem like fairly simple things that need to be done at the time, but at the time of an accident most people are upset, anxious and sometimes injured and as a result may not be thinking clearly. If you take our tips and follow them you will at least have ensured that the necessary information is being documented properly at the outset of your case. This documentation is essential in helping our offices to be better able to resolve your case either through settlement or litigation.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS , MOTORCYCLE ACCIDENTS , PEDESTRIAN ACCIDENTS

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Well known Rapper, STACK$ was involved in a serious car crash in Miami, Florida on May 30, 2008. He escaped severe injury despite the substantial property damage to his vehicle.

Stack$, a hip-hop star and nightclub owner, was driving with a friend when he collided with another car, and his Ford Explorer was sent airborne. His SUV crashed into the barriers of an overpass, narrowly avoiding the 40 foot fall from a bridge.

Stack$'s injuries included second degree burns, a broken hand, chiropractic injuries and numerous cuts and bruises. Both Stack$ and his passenger were taken to Mount Sinai Medical Center in Miami, where they both spent the night before being discharged. He is now resting at his South Beach home and is grateful that he survived the near-fatal accident.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS

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Within the past few weeks the police in the Fort Lauderale area have been investigating two instances of pedestrians being injured in vehicular accidents. In the first instance, law enforcement is attempting to locate a car that a surveillance camera caught hitting a pedestrian, Marshall Clinton, 51,and then driving away. The crash happened about 11 p.m. Friday, May 23, 2008 as Mr. Chilton crossed the street. Marshall Chilton, 51, was admitted in the hospital with broken bones and is expected to recover.

In a second incident in Fort Lauderdale, a man is accused of killing a woman, Ms.Kathleen Gosnell, 60, and injuring Mr. Raymond Haruben, 63, after striking them with his vehicle on Thursday, May 22, 2008. Toxicology reports confirmed that he was Driving Under the Influence of Alcohol (DUI). Steven Kopson, 53, of Fort Lauderdale, was charged with manslaughter while driving under the influence of alcohol, among several charges.

Both these incidents raise the question, "If I am a pedestrian in an accident who was struck by a hit and run driver- who will pay for the treatment and pain and suffering I have sustained through no fault of my own?" The answer is that even though you are a pedestrian, your own PIP and UIM insurance will ensure that you are fully protected and covered for your injuries even though you weren't driving your vehicle at the time.

The importance of PIP coverage and UIM coverage on your automobile policies is especially important when you are a pedestrian and you you are struck by a hit and run driver. It is in that instance that your own insurance coverage is there to protect you. Your PIP Insurance or Personal Injury Protection Insurance will cover the first $10,000.00 of your medical bills and your UIM Insurance will afford you coverage for everything over and above the first $10,000.00 up to the limits you choose.

What if your injuries are serious and you need treatment well over and above $10,000.00 and what about pain and suffering, wrongful death and lost or diminished capacity to earn a living? UIM coverage is the only coverage that will protect you if the party at fault in an accident either is unknown, has no Bodily Injury coverage (which is not required in the State of Florida) or has a minimal amount of Bodily Insurance Coverage. In effect you can seek compensation for your injuries and damages from your own insurance company should any of these circumstances occur, but only if you have UIM Insurance coverage.

If you would like to read further about this issue, we have addressed the Florida UIM and PIP Insurance issue in a previous article on our blog entitled: "Florida No-Fault, Med Pay and UIM Insurance" dated May 12, 2008. It is our hope that all Florida drivers will contact their insurance agents and demand a quote for UIM coverage on their policies. That way, should the unfortunate happen and you are injured in an accident caused by an uninsured driver or underinsured driver, you won't have to worry about your financial future being decimated by medical bills.

If you have any questions about these issues please feel free to call our offices. We want every Florida driver to be aware and informed about their right to protect themselves through proper and FULL automobile insurance coverage.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , DUI DRIVER , HIT AND RUN DRIVER , INSURANCE COVERAGE , PEDESTRIAN ACCIDENTS

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Two children were struck by cars and seriously injured in separate accidents Sunday, police said. Both are expected to survive despite their serious injuries.

About 4:45 p.m., a car hit a 13 year old girl who was riding her bicycle near Northwest 28th Street and University Drive, said Mike Moser, a spokesman for Coral Springs Fire-Rescue. She was expected to survive, Moser said. The girl was flown to Broward General Medical Center as a precaution.

About two hours later in Davie, a 7 year old girl was run over when she tried to grab the right rear door handle of a neighbor's car, Davie police Lt. Bill Coyne said. The accident occurred as the car pulled into a driveway in the 4400 block of southwest 74th Avenue. Paramedics rushed the girl to Memorial Regional Hospital in Hollywood where she was in critical but stable condition.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS

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A 40-year-old Orlando woman was killed and two passengers were injured early Sunday after she drove off the road in east Orange County and hit a concrete culvert, according to the Florida Highway Patrol.

About 2:30 a.m., Tonya M. Shepherd was driving a 1998 Ford Mustang south on West Christmas Road near Fort Christmas Road when she failed to negotiate a curve, drove onto the east shoulder and hit the culvert.

Shepherd was pronounced dead at the scene. Passenger Jerry Kincaid, 42, of Orlando was ejected from the car and suffered minor injuries. Another passenger, Tiffany Adkins, 21, of Orlando, was critically injured. No one in the car was wearing a seat belt, the FHP said.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS

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A Miami firefighter lost his life in a fatal car crash in Miami on Friday Night.
Investigators stated that two teenage girls in a Red Honda were traveling Northbound on NW 24th Avenue, at which time they ran a stop sign causing the collision and the firefighter's Wrongful Death.

Roberto Garcia, the firefighter, was a 20 year veteran of the Miami Fire Dept. who moved up to the rank of Captain. His passenger and he were out celebrating and were returning home when this tragedy occurred. Ironically, rescue personnel from Captain Garcia's own station responded to the call. "We found one of our own", said Ignatius Carroll, a Miami-Fire Rescue spokesman.

Captain Garcia's passenger received only minor injuries. The two girls, whose names have been withheld, were taken to the Ryder Trauma Center in critical condition. Our Condolences go out to the family of Captain Garcia.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS

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A Miami Police Officer was involved in a serious automobile accident on Wednesday with a 19 year old pre-med student who also lives in Miami. The student was taken to Kendall Medical Center with nine life threatening Injuries. There is some controversy surrounding the accident involving whether or not the officer had his sirens on.

Investigators say that the officer was responding to a call and had his lights and sirens engaged at the time of the impact with the female student. However, witnesses to the collision have a different version. Orestes Perdigon, the student's father stated that, "He had no sirens on, nothing at all." Apparently, the student had the right of way as the officer may have drove through a stop sign just before impact.

This Miami incident follows a similar occurrence just days ago, when a Middle School Student was badly injured after being struck by an Orlando Police Officer in pursuit of a criminal. The officer was chasing another vehicle who ran a red light when suddenly, the Officer collided with a Volkswagen which careened into the 11 year old student who was waiting to cross the street. According to one woman, the officer was exceeding the speed limit. "It looked like it was a chase to me", said Celine Gasco, 33 who was stopped in her car at an intersection when the collision took place. Once again, as with the incident in Miami, Orlando investigators appear to be claiming, despite the eyewitness testimony, that the officer did nothing wrong.

Law Enforcement Agencies must provide better training to their officers on the issue of pursuing Criminals. While most Police Departments, like the Orlando Police Department, have a policy which only allows a high speed chase when the officer is in pursuit of a violent felon, Police Officers often violate the local traffic laws and injure innocent citizens. These Officers are performing their job in a vacuum because they are not weighing the interests of the innocent bystander when they pursue non-violent criminals.

Under Florida law, this constitutes Negligence and subjects the Police Department and the Police Officer to a lawsuit so that the injured bystander can collect for their Injuries. It would be in the public's best interest if some of these officers were to spend less time in the gym and more time in the library. While a majority of police officers are fine individuals who act professionally while doing their job, there is a percentage of officers who are unable to see the big picture and often do not have their priorities in order. This often leads to incidents like the ones we just saw in Miami and Orlando where innocent bystanders suffer Injuries as a result of the Officer's Negligence.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS

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