Uninsured Motorist / Underinsured Motorist Coverage in Florida

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Insuring Your Vehicle

When you buy a car and insure it, an agent from any given Florida insurance company will mandatorily offer what is called Uninsured Motorist/Underinsured Motorist (“UM”) coverage. You, as the insurance seeker, may opt to choose this type of coverage or you may waive it by signing what is called a UM waiver. The purpose of this material is to inform you about the importance of UM coverage, specifically in the state of Florida.

Florida Is a No-Fault State

Florida is a no-fault state with regard to automobile accidents. This means that when an at-fault driver has produced injuries to an innocent party, that at-fault driver need not pay for the medical expenses that will be incurred by the innocent party.

There is however an exception to this no-fault policy. Automobile accidents can result in serious injuries. When severe injuries are obtained, such as a permanent injury, you may need more medical coverage than what your insurance provides. In a situation of severity, and if your policy has already covered all that it can, you may seek the at-fault party’s insurance for help. The problem with reaching out for benefits via the at-fault party’s insurance policy are that said at-fault party might not have any benefits available at all (an uninsured motorist), or the benefits available via his insurance might not be sufficient (an underinsured motorist).

UM Coverage May Protect You from Uninsured and/or Underinsured Motorists

In essence, UM coverage is for self-protection and you should take it into consideration when seeking automobile insurance in Florida. Many people who waive this type of coverage do so because their monthly premiums would be lower without it. Although paying the least amount monthly for your premiums is ideal, it is also very important to imagine the worse case scenario. It is absolutely better to be safe than sorry.

UNINSURED MOTORIST:

If you encounter yourself in a situation wherein you are rear-ended and sustain severe injuries, it is best to have this UM coverage as opposed to not having it. Your insurance company will take care of some of your medical expenses but what happens when your benefits have exhausted? The next step would be to seek benefits from the at-fault driver’s policy. However, what if this person’s policy has nothing available for you? Having opted for UM coverage when you were seeking for automobile insurance will save you from not having supplemental benefits via the uninsured driver.
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Understanding Texting and Driving Laws in Florida

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Reason for New Law

“I have to live the rest of my life without my daughter,” said Steve Augello, an activist for the “no texting while driving in Florida” law. Five years ago, Allie was involved in a fatal motor vehicle collision with another driver. Investigators concluded that the accident resulted due to the distraction of the other motorist who was texting and driving. Allie’s case is only one out of too many unfortunate cases resulting in personal injury or death due to the distraction of another driver. The U.S. Department of Transportation has revealed that in 2010, 387,000 people were injured in motor vehicle collisions due to these so-called “distracted drivers.” In 2011, this amount increased to a total of 416,000 people.

Scientists working for Direct Line auto insurance recently acknowledged that texting and driving could be more dangerous than driving under the influence. The research leading to this revelation included a simulator for the purpose of imitating a motor vehicle. Reaction times of drivers under the influence, and reaction times of drivers on their cell phones were compared. Specifically, the results yielded that reaction times of drivers on their cell phones is 30% slower than that of intoxicated drivers. Correspondingly, reaction times of drivers on their cell phones were 50% slower than that of regular drivers not under the influence and not on their cell phones.

It is undeniable that our society’s high interest for cell phones is playing a major role in the increase of accidents due to texting distractions. A cell phone this day and age is essentially a mini-computer. One can send emails, instant messages, texts, and more. With a majority of the states already banning text messaging while driving, it is not unusual that Florida has joined the no texting while driving bandwagon.

Clarity Regarding New Law

As of October 1, 2013, if a driver in Florida is suspected of committing a traffic violation while texting, said driver can be fined up to $60. In other words, a fine for texting while driving will only be imposed as a secondary offense when coupled with the suspicion of another traffic violation. The statute expressing this recent law is titled: “Wireless communications devices; prohibition.” The language used in the statute has the tendency to lead one to believe that the main issue is texting via cellphone while driving. Although cell phones are a part of the big problem, it cannot be ignored that there is a reason why the statute’s author used the broad term “wireless communications devices.” Thus, the statute supplies a definition for said term. A wireless communication device is any electronic device that can be held by hand and that serves as a portal for communication. It is true that cell phones win the gold medal for being the main problem, however, other devices such as I-Pad’s and mini-computers that can be held by hand and that serve as portals for communication, are also a part of the “distraction problem.”

Exceptions

The statute’s language expresses that no driver will be punished if the vehicle he is operating is parked or momentarily stopped (i.e., stationary). Thus, as previously referred to, only one that is simultaneously driving and texting, and deemed suspicious for committing some other traffic violation, is susceptible to punishment. Exceptions to the new law apply to law enforcement officials performing their duties and to persons communicating with law enforcement officials regarding suspicious activity. Also, one that is driving and receives information regarding an emergency, the weather, and/or traffic, is immune.

Repetition of Violation

The statute provides that if one is fined for more than one texting while driving violation within a five-year period, a moving violation will be imposed. A moving violation allocates points to the driving record of such violator.

Proving Cause of Accident

The billing record of a wireless user can only be used against him in the event of a motor vehicle accident caused by him while texting and driving, which results in personal injury or death. These records would be used in the legal proceeding as a source of evidence to prove the cause of accident.
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Going for a Walk is More Dangerous than You Might Think in Florida

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Across the United States, 50,000 pedestrians have been killed from 2000 to 2009. With 5,100 of those pedestrian deaths occurring in Florida, our state has the highest pedestrian danger index in the country. While traffic fatality rates may have decreased across the nation, pedestrian fatalities in 15 of the largest metro areas have actually increased.

Pedestrian accident statistics from the Florida Department of Transportation:

• 48% of pedestrians are killed while crossing a road that is not at an intersection • 40% of all pedestrian fatalities are related to alcohol • 43% of pedestrian fatalities occur on lighted streets at night • 13% of the pedestrians killed were under the age of 10 • 22.7% of all traffic crashes include pedestrians and bicyclists
Pedestrian Accidents Happen Often in the Tri-County Area, but Whose Fault is it?

Recently, a 58-year-old man was crossing the street in Fort Lauderdale when he was hit and killed by a Dodge Ram. While the driver stopped and waited for the police to arrive, the man was pronounced dead at the scene. Another recent accident occurred on N. Miami Ave., where an elderly woman lost control of the SUV she was driving and hit a pedestrian. This pedestrian survived, but was dealing with a number of injuries.

Accidents like these happen regularly on our busy streets. One of the most common natural questions is: Whose fault is it? The law of negligence is used to determine which party was at fault. If the persons involved in the accident failed to exercise a reasonable standard of care during the incident, then they may be held fully or partially responsible for the accident and injuries that may have resulted from it.

Was the motorist following the rules of the road? Was the pedestrian crossing the road at an intersection or designated crossing area? Was the driver traveling at a safe speed? In many cases, both parties may share negligence.

Pedestrian Accidents Can Be Avoided

Many motorists naturally keep their eyes on the road when driving defensively. What is important to keep in mind is that safe driving means not just watching the other vehicles, but also people walking, riding bikes, skating, etc. The same goes for people who are not operating a vehicle. It is easy to just focus on what and/or who is on the sidewalk and maybe not look both ways when crossing the street or wait for the light. If people are aware of their surroundings and keep safety in mind, accidents involving pedestrians could be avoided.
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Hit and Run Accident on Interstate I-195

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A story in the news recently brought home how reckless and irresponsible some Florida drivers can be. At approximately 1AM on a Friday morning, an unidentified driver struck a pedestrian in the eastbound lanes of I-195 near North Miami Avenue, and then kept going, leaving the victim in the middle of the road. It is possible that inclement weather may have played a role in the accident, but due to the lack of witness accounts and the driver leaving the scene, the cause is unclear.

Although the Highway Patrol is actively searching for the driver – seeking a vehicle with extensive damage to the front end and possibly a broken headlight – no witnesses were able to give a description of the hit-and-run vehicle, so they do not have any identifying information such as make, model, year, or even color. FHP is requesting that anyone with a possible lead call Miami-Dade Crime Stoppers (305-471-TIPS).

Leaving the Scene of a Car Accident

In the case of any Florida vehicle accident, all drivers involved are required by law to remain at the scene to render aid if possible, as well as exchange insurance information, await the arrival of the police, and generally take responsibility for their actions – even in the case of a single-car accident not causing harm to another person. The penalties for leaving the scene can be severe. Unfortunately, all too many times drivers leave the scene of an accident for a variety of reasons: because they are intoxicated, uninsured, not licensed, driving someone else’s vehicle (borrowed or stolen), or know that they have outstanding warrants, for example.

FHP reports that hit-and-run accidents are on the rise in our state, with Miami-Dade and Broward Counties ranking first and second in number of hit-and-runs. Florida roads and highways are the scene of over ten percent of all pedestrian accidents in the US, and a startling number of these are hit-and-run cases. Personal injury and/or wrongful death often result from such accidents, and receiving compensation for such a devastating incident can be difficult, especially if the at-fault party left the scene immediately without taking responsibility for his or her actions. As an injured person or a surviving family member, you do have legal rights to compensation, from the responsible party and/or insurance companies of those involved. If you can identify the driver who hit you, you can sue for compensation for your injuries, as well as medical bills and lost wages.
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Wrong Way Car Accident Takes Lives of Two Girls on Sawgrass Expressway

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Recently, a tragic story hit the news in Florida about two young Coral Springs women who were killed on the Sawgrass Expressway due to someone else’s negligent driving. Marisa Caran Catronio, the passenger in a 2012 Camry, died at the scene of the head-on collision that occurred when another driver entered the westbound Expressway lanes headed the wrong direction. The Camry’s driver Kaitlyn Nicole Ferrante died four days later.

21-year-old Marisa and her best friend Kaitlyn (20) were driving home from a night out at around 1:45 on a Sunday morning, when a Hyundai Sonata going the wrong way on the Sawgrass hit them head on, killing Marisa at the scene and sending Kaitlyn to the hospital, where she remained on life support for four days until finally succumbing to severe head injuries. The driver of the other car survived the crash with serious injuries.

The heartbreaking story of two best friends killed in a collision went viral when it was found that the driver of the Sonata that hit them was allegedly a self-professed recreational marijuana user who often drank to excess. A Twitter account believed to be that of the driver showed multiple posts about drug use and getting drunk – including the message “2 drunk 2 care” which was posted just hours before the collision that took the two girls’ lives. Police are including the Twitter account in their ongoing investigation into the crash, but so far charges have not been filed in the deaths.

Although drugs and/or alcohol may have had a part in this tragedy, Marisa’s father Gary Catronio says that safety measures are needed to keep other drivers from entering the wrong side of the highway in the future. Mr. Catronio hopes to launch a campaign in his daughter’s memory to get onramps equipped with flashing warning signals or even spike strips to prevent accidents like the one that killed his daughter.

The NHTSA reports that an average of 350 people die each year in wrong-way freeway crashes, with drunk driving identified as one of the main culprits. Other lapses in judgment may also be a partial cause – talking on a cell phone, texting, eating, drinking, changing music or falling asleep at the wheel. Missing or ineffective signage may also contribute to the danger of head-on collisions such as this one.
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Fatal Hit and Run Accident Involving a Motorcyclist

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In Fort Lauderdale, a motorcyclist was killed by a car traveling on Broward Boulevard. The motorcyclist was traveling east and was struck by a small car turning into a shopping plaza. A police spokeswoman said the car cut him off. Police know the car was a 2008 Ford Focus, though that is the only information they have. The motorcyclist, Kevin E. Gilliam, Jr., was taken to Broward Health Medical Center, where he later died from his injuries.

Mr. Gilliam was wearing a helmet and safety gear. He was doing all he should have been doing. However, when the car made the left turn into the shopping center without paying mind to the motorcycle, he didn’t stand a chance. Now, the family of the motorcyclist is urging the driver to turn himself in since it was a hit-and-run. They are grief stricken and unable to move past this event because they do not know what happened and are trying to understand how a person can simply hit someone and keep driving as though there was no accident.

What to Do if You Are Involved or Witness a Hit and Run Accident

Some of the most common reasons for a driver to flee the scene of a car accident may include the motorist driving without insurance; they may have a warrant out for their arrest or operating a vehicle under the influence of drugs and/or alcohol. In some cases the driver might simply leave the scene because they are afraid of the consequences they may face due to causing an accident.

Depending on the severity of the accident, the victim may have a chance to identify the other vehicle. If this happens, they should attempt to get a good look at the following:

• The license plate • The driver • Make, model and color of the vehicle • Other identifying details: bumper stickers, unique rims, after market items.

The family of the victim has the ability to hire an attorney on behalf of their loved one in order to seek justice for the accident that occurred. Any kind of vehicle accident falls under the jurisdiction of personal injury law. In this case, because the accident was fatal, the family of the motorcyclist should speak to a wrongful death attorney who also has experience with hit and run accidents.
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Fatal Pedestrian Accident Involving Drunk Driver

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A truck driver accused of hitting and killing a 78-year-old woman as she walked across the street is looking at serious charges. The mother of eight was walking to church Monday morning when she was struck by the truck driver near the interchange of Northwest 12th Avenue and 60th Street. Family members have identified the victim as Fannie Ash. She was a housekeeper at Cedars Hospital who recently retired. Fannie Ash was known as a hard worker who was dedicated to her family.

Authorities are reporting Ash was hit by a drunk driver, who at first fled the scene of the accident. The driver was urged by his family members to return to the scene. Miami Police Traffic Homicide Sgt. Luis Taborda confirmed the driver was arrested for DUI when he returned to where the accident happened. The driver has been identified as Howard Marty Leven. There was a field sobriety test conducted on Leven before he was arrested.

The victim’s family says they do understand mistakes can be made and accidents do happen, but they are going through a very difficult time right now and want to find some sort of closure. Howard Marty Leven is being charged with of leaving the scene of a fatal accident and DUI manslaughter.

Pedestrian Accidents Due to Driver Negligence

People who drive a vehicle need to exercise reasonable care under the circumstances. Not doing this is where negligence comes in. Examples of this include not yielding the right of way to pedestrians on a crosswalk, disregarding traffic signals, driving carelessly in poor weather and road conditions, failing to follow the speed limit, checking emails, texting while driving and driving under the influence.

Hit and Run Accidents

What can seem even more shocking than a car accident is when you realize the other driver is trying to leave the scene of the accident they may have caused. How could they do this? How could they not even care if you or anyone else in the car is ok or needs medical attention? A hit-and-run driver could have warrants for their arrest, operating a vehicle without insurance or driving under the influence of drugs or alcohol.

Broward County Hit and Run Accidents Are on the Rise

Broward County was number two on the list of Florida counties with highest number of hit-and-run accidents. Even though Miami-Dade retains the top spot, their hit-and-run accidents decreased by a few thousand from the previous year; while Broward County hit-and-run accidents increased by 8% from 2011 to 2012. With reports showing that 3 out of 5 hit-and-runs involve pedestrians, what has also increased with these types of accidents is the number of fatalities.
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Road Construction Car Accidents in South Florida

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ROAD CONSTRUCTION IS UNAVOIDABLE ON FLORIDA ROADS

Our legal team sees it all when they drive to and from work. Our team members come from as far as Miami and West Palm Beach and many rely on I-95 to get to the office. While others live in areas like Sunrise, Plantation and Coral Springs and may use I-595, the Florida Turnpike or both. Even though our Fort Lauderdale Law Office is conveniently located in the beautiful Las Olas area, we all know that there is hardly anything convenient about driving in South Florida – especially where there is road construction.

BUSY FLORIDA ROADS = MORE ROAD CONSTRUCTION

Anyone familiar with Broward County will tell you that there always seems to be construction on I-595, State Road 7 (441) and/or State Road 84. Miami-Dade County is even worse. From the Palmetto Expressway to the Golden Glades, it seems Miami has a countless number of highway on-ramps, off-ramps and overpasses that are either going through construction now or should be in the near future.

It is obvious that enough wear and tear will eventually damage a road to the point that construction is needed – regardless where the road is. The reason some older South Florida roads may seem in worse condition than older highways in other parts of the U.S. is the unexpected growth of the Miami Metropolitan Area (Miami-Dade, Broward and Palm Beach). No one at the time expected an area that was largely wilderness and swamps to one day become the fourth most populated metropolitan area in the United States. As the population grows, roads must be updated.

ROAD CONSTRUCTION ACCIDENTS

Road construction areas have become so common that many people drive through them like they are a regular road. Please keep in mind that nothing could be farther from the truth. Construction sites can often include detours, uneven road conditions, unclear lane or pavement markings, trucks and construction workers. These irregular road conditions can lead to a car accident when there is negligence.

Construction site negligence that may cause an accident can include:

• Construction work that has stirred up dirt and debris to the point of decreasing visibility for drivers.
• Warning sign that is meant to caution drivers of upcoming road conditions is missing or inaccurate.
• Construction debris or material is on the roadway and forces motorists to swerve out of the way and possibly causing an accident.
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Passengers Not Wearing Seatbelts May Have to Share Blame if Injured in an Accident

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Disla v. Blanco, 4D11-2556, 2013 WL 3811805 (Fla. Dist. Ct. App. July 24, 2013)

This auto accident case involves a person losing control of their vehicle after suffering a seizure. The plaintiff in this case was a passenger in the vehicle who suffered personal injuries as a result of the collision.

The defendant in this lawsuit, Joseph Blanco, was driving the plaintiff home one evening. While operating his vehicle, Blanco suffered a seizure causing him to lose control. During the episode, Blanco’s car ran over two different curbs, side-swiped a tree, and ran into someone’s home. The plaintiff sustained a broken neck as a result of the impact. To repair her broken neck, the plaintiff underwent a surgical procedure to fuse back together her neck. With the advice of her lawyer, the plaintiff in this case sought pain management from a medical specialist. Ultimately, she needed to have a second procedure done on her neck which included an additional fusion of the spine.

At the trial, issues were presented to the court regarding the defendant’s negligence in the accident; the plaintiff’s comparative negligence by not having her seatbelt on at the time of the accident; and whether or not the medical treatment that the plaintiff underwent and continues to go through, was and is reasonably necessary.

It was determined that the defendant had no previous knowledge of any existing medical condition pertaining to seizures. Drivers in Florida are required to exercise reasonable care when handling a motor vehicle. Had it been shown that the defendant had a history of seizures, a jury could have found him to be negligent in operating the vehicle because he was aware of the potential harm that he was creating by driving the vehicle. In this case, the defendant had never had a previous seizure and the court determined that he was not negligent with that regard.

When the verdict returned from the jury, it was determined that the plaintiff was ninety percent responsible for her injuries because she was not wearing her seatbelt. The defendant was held to be ten percent liable to the plaintiff for her injuries, and of the over two-hundred thousand dollars in damages being sought by the plaintiff, just over ten thousand dollars was assigned to be paid by the defendant.

Though the plaintiff in this case won the lawsuit, and received an award for damages and costs, it was not what she ultimately looking for from the case. In Florida, a theory of comparative negligence is used in auto accident cases. When a person contributes, even partly, to causing their injuries, a defendant can present evidence to show that the amount of damages should be reduced by the plaintiff’s percentage of liability. A jury decides on what percentage of liability to assign each party. Then a total calculation of the damages is computed, subtracting what percentage of fault is assigned to the plaintiff.
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Multi-Car Accidents – Whose Fault Is It?

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WHEN THERE ARE SEVERAL AUTOMOBILES INVOLVED IN AN ACCIDENT, THE DAMAGE THAT IS CREATED IS THAT MUCH WORSE

On Friday night, July 19th, Palm Beach County Fire Rescue responded to the scene of a multi-car accident in Royal Palm Beach. The collision that took place on State Road 7 and Okeechobee Boulevard involved five separate vehicles. Of the nine victims who were transported to both Palms West Hospital and Wellington Regional Medical Center, there were several who needed to be removed from the vehicle they were in. Thankfully, none of the parties involved in this large accident had serious injuries to speak of; however, knowing what kind of damage multi vehicle car accidents can cause, they are all extremely lucky.

MULTI-CAR ACCIDENT SCENERIOS

An issue that many times presents itself when there are multiple cars involved in an auto accident is determining who in fact is at fault for the collision. This is true with even the most basic of multi-car accidents, including rear end collisions.

Everyone becomes quick to point the finger at someone else as to being responsible for the accident. It may seem pretty easy to say who is at fault in a rear end collision involving multiple automobiles, but in fact, there are many questions that are raised because people are generally looking forward and do not see what has happened behind them. Times when people attempt to shift responsibility include:

• Front Vehicle at Fault: At times, the front vehicle in a multi-car accident gets blamed for the collision. Accusations of cutting off another driver, braking too aggressively, and recklessly attempting to switch lanes are a few of the things that are used to place blame on a front vehicle.
• Middle Vehicle at Fault: There are situations when a middle vehicle in a multi-car accident receives blame for the collision. Accusations from a rear vehicle may include that the middle vehicle was the first one to strike the first vehicle in line. It is generally the case that the lead vehicle saw what was taking place behind them.
• “Phantom Vehicle” Scenarios: When there is a situation where an at-fault party claims that another vehicle, who was not involved in the actual accident, caused the collision and drove away, it is referred to as a “Phantom Vehicle” situation.
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