Item: Flaxman Law Group
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Author: Clara Barman

Making the Wrong Choices After a Florida Car Accident

Published on: June 14, 2011 | By Flaxman Law Group

Florida car accidents mean many worries: will you be able to get your car repaired? Will you be able to return to work? While you are in this state of worry, you will need to make many choices. Making the right choices can make it easier for you to start on the road to recovery, while the wrong choices can follow you for years.

After a car accident, one of the first choices you will need to make is whether or not to get medical help. Many people who feel fine after a car accident never bother to see a doctor. In some cases, this can be a fatal mistake. If you have been in a serious car accident or have hit your head or lost consciousness (for even a few seconds) you need to get immediate medical attention. Many Florida brain injury patients do not experience symptoms right away and only find out too late that they have a serious injury. Some brain injuries – not to mention whiplash – do not always present symptoms right away, so if there is any possibility that you may have sustained an injury, play it safe and get immediate medical attention.

Another choice you will need to make is who to trust with your accident claim. Florida, unfortunately, is one of the nation’s leaders when it comes to insurance fraud. A number of companies have been raided for trying to target victims of car accidents. These companies will call car accident victims – in some cases claiming to be an insurance representatives – and will ask the victim to visit specific doctors and attorneys. The company will then bill insurers for fake injuries or will over-bill for medical services. When a company calls you, make sure that you understand who they are and who they represent. If the call sounds suspicious, hang up. You do not want to become involved in this type of illegal activity.

Another choice that car accident victims will need to make is whether to contact a personal injury attorney. Many Florida car accident victims believe that as long as they can get a claim from an insurance provider, there is no need to get an attorney involved. However, insurance companies do not pay out the maximum possible for a claim. If you have been in a serious Florida car accident or in an accident that involves commercial vehicles or multiple vehicles, you may need a qualified Florida personal injury attorney to help you get the maximum recovery for your claim.

Finally, all accident victims will need to make a decision about the claim amount they accept for their injuries. Whether you decide to pursue the case in court or rely on your insurance company to pay you for medical costs, lost income, car repairs, and related costs of your accident, you need to make sure that the amount you receive covers all your expenses. If you do not, you could end up paying thousands out of pocket. With longer-term injuries, especially, it can be hard to determine the total costs of an accident. An experienced Florida attorney can often help you determine the true costs of your accident.

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Two Bills in Florida Could Affect Car Accident and Florida Products Liability Cases

Published on: April 12, 2011 | By Flaxman Law Group

Two bills have been introduced in the Florida Legislature which would allow drivers and product manufacturers to share liability in products liability cases. These bills would let juries hear evidence about any role the driver played in causing a Florida car accident, even if the accident was partly caused by a defective automotive product.

Currently, Florida laws place the liability of defective products with manufacturers. Therefore, if under current laws a driver is in a car accident in a car with a defective part, only the manufacturer is held liable – not the driver. This is seen as the risk of doing business in the industry.

The two laws, including Senate Bill 142, have already been approved by Senate. Senate Bill 142 would make changes to Florida Statutes § 768.81. If passed, the bill would require juries in automotive products liability cases to consider the potential liability and fault of all parties – including the driver – before determining the distribution of damages.

Bill HB201 has already been given approval by the Florida House Civil Justice Subcommittee. This bill will allow evidence of fault to be presented in all automotive products liability cases in Florida where no defective product can be defined. This bill will allow liability to be allotted to all parties found to be partly responsible to the accident.

The bills have caused some debate. Some feel that the bills are fair because they take into consideration driver negligence rather than assigning all fault to manufacturers. However, some attorneys have expressed concerns that if passed the new legislation will deflect attention from poorly made or defective automotive parts by blaming drivers.

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What Florida Drivers Need to Consider When Driving in Snow

Published on: March 3, 2011 | By Flaxman Law Group

Florida car accidents related to snow and winter weather are rare. However, if you are driving to snowier states soon, here are some winter-driving issues to consider
1) Ice flying off of trucks and other cars. Snow and ice flying off of cars and trucks can easily cover your windshield, or even impact your vehicle, causing you to become momentarily blinded or even to lose control of the car. When driving in winter or wet conditions, stay well back from trucks, since they will churn up a lot of snow and rain which can hurt your visibility and can easily lead to a Florida truck accident. As well, make sure that your windshield wipers are in good condition and can handle snow. If you park outside and your car is covered in snow and ice, scrape that off (especially off the roof) before driving – snow from your roof can easily slide on your windshield as you drive, blocking your view.

2) Obstructions of snow and ice. Snow and ice piled high on roadways can scrape the bottom of your car and even damage it. You can also lose control of your vehicle driving over this obstruction and cause an accident. If you see a large pile of snow in the street, drive around it carefully.

3) Huge snow banks. Snow banks block visibility, making it hard for traffic to see you when you come out of a side street or driveway. If your view is blocked by a snow bank, flash your headlights so that other drivers can see you coming and edge out slowly until you can see oncoming traffic before pulling out into traffic.

4) Reduced street parking spots. In most cities, drivers are required to park within a foot of the curb. When curbs become covered in snow and snow spills into the street, it can be hard to determine where a parking spot actually is. This can be an especial problem with street parking, where drivers need to leave enough space for emergency vehicles and other cars to get through. If you park in a spot where you are blocking plows or emergency vehicles, you will be ticketed, so that it is often safer to park further away or to pay for a parking spot indoors when streets get really snowy and you can’t get a parking spot that does not block traffic. When parking, make sure there is at least a 12-foot pass for emergency vehicles to get through.

5) Insurance woes. Keep in mind that your insurance company may expect you to pay a surcharge if you cause an accident, even if the cause of an accident was poor visibility due to a snow bank or poor parking due to a snowy parking spot. In most states, there are no exceptions for accidents caused by winter weather and surcharges are automatic, meaning that weather-related accidents can end up costing you extra, even if Jack Frost is really to blame. However, you can appeal the surcharge if the accident was caused by bad weather.

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Scooters and Florida Car Accidents

Published on: February 24, 2011 | By Flaxman Law Group

While most Florida pedestrian accidents and car accidents involve cars, the increased presence of scooters on city streets and pedestrian areas has created a whole new hazard and legal question – one that is difficult o resolve. Scooters, also known as EMDs (electric mobility devices) are showing up in greater numbers to help those who are too elderly, too ill, and too obese to walk easily.

The difficulty with scooters is that they are an in-between entity. Those who ride scooters are not exactly pedestrians and not drivers, either. Under Florida laws, these devices do not require registration or licensing. However, these devices can cause serious accidents if they run into a pedestrian. When drivers use scooters in the roads, they can also cause Florida car accidents.

Currently, auto insurance is not applicable to EMDs and homeowners insurance does not cover any accidents or injuries caused by these devices outside the home. Worse, many who use scooters are in fact using them in ways they should not be used. Manufacturers of EMDs state that scooters should not be used on the roads and Medicare only pays for EMDs if they will be used indoors only. Drive-thru restaurants will not serve people on EMDs due to concerns about liability issues. However, many people who use scooters do use them in sidewalks, in parking lots, and even on the roads. In the event of an accident, this raises further complicated questions about liability.

There have been a number of well-reported scooter accidents across the US over the past year and this has prompted many people to discuss possible ways to insure EMDs. There has been discussions as well about ways to define scooter users legally and possible legislation which can be put in place to protect the public.

In Florida, a recent high-profile case involves a 73-year old EMD driver who got intoxicated and drive home on his scooter, only to be struck down by a car. He was issued a ticket as a pedestrian – for walking out in front of a car. The case underscores the lack of regulations concerning EMDs. While drivers of cars have rules and laws they must follow to prevent Florida drunk driving accidents, there are no laws preventing scooter users from driving drunk.

Scooters can also pose a serious hazard to pedestrians and can cause Florida pedestrian accidents and bicycle accidents when the devices are used on sidewalks and pedestrian trails. EMDs are quite wide and can move quickly. If they collide with a bicyclists or pedestrian, serious injuries are the likely result due to the bulk and the speed of the scooter. Currently, however, anyone who is injured by a scooter must seek recovery through civil court because there are too few laws in place protecting pedestrians, car drivers, and scooter users.

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In Florida Car Accidents, Suspended Licenses Are An Issue

Published on: February 22, 2011 | By Flaxman Law Group

In Florida as in the rest of the country, it is illegal to drive without a valid license. However, law enforcement authorities in Southern Florida note that in many 2010 Florida car accidents, drivers were without valid licenses at the time of the crash. In some cases, drivers were unlicensed but in many cases drivers had suspended licenses because of Florida drunk driving charges or other violations.

Police authorities and experts say that part of the problem is that laws surrounding drivers with suspended licenses has become more lax. In 2008. for example, a law passed by Legislature ensured that repeat traffic offenders would not face jail time for driving without a suspended license or no license at all. Police authorities report being frustrated by the fact that in many cases they cannot press charges in these cases until a lengthy investigation is complete – even though in some cases the suspect continues to drive without a valid license.

Part of the problem, too, may be attitudes. Although everyone in driver’s education classes is taught that driving is a privilege, many drivers have come to see it as a right and a necessity. Some drivers claim that they need to drive in order to get to work or in order to take care of other vital activities, even when they do not have a valid license. Of course, these claims make little sense to the people unlicensed drivers hurt each year in car accidents. Drivers who have no valid license can rely on taxis or public transportation, but many choose to get behind the wheel of a car.

According to Brevard County authorities, in 2010 alone 68 Florida car accident fatalities in the county were linked to drivers driving without valid licenses. These accidents are especially frustrating for the victims. In cases where a driver is driving without a valid license, say authorities, there is often no insurance, either. Unless a car accident victim has uninsured driver insurance, he or she may be forced to pay for any medical expenses out of pocket.

In many cases, injury victims who have been in a car accident with an uninsured and unlicensed driver must take legal action against the driver in order to cover lost income, medical bills, and other expenses associated with the accident. A good Florida personal injury attorney must generally investigate the cause of the accident, the driver’s assets and ability to pay, and many other factors to put together a strong case.

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Insurance Industry Upset Over Florida Car Accident Insurance Scams

Published on: January 27, 2011 | By Flaxman Law Group

According to the Florida Division of Insurance Fraud’s south division, scam artists in Florida are staging fake Florida pedestrian accidents and car accidents in a bid in order to defraud the insurance industry. The insurance industry has been taking steps to fight the fraud, even closing down Miami-Dade clinics linked to insurance fraud.

The National Insurance Crime Bureau reports that South Florida is leading the US for Personal Injury Protection (PIP) insurance fraud, behind only Tampa Bay. Insurers have been pressuring legislators in Florida to pass tough new laws which would crack down on insurance fraud. Insurers want to see tougher penalties for fraudsters and stricter regulation of medical clinics to help combat the problem. However, some experts questions whether laws alone will help. Staging a Florida car accident to commit insurance fraud is currently a second-degree felony in Florida.

In Florida, all motorists are required to have Personal Injury Protection (PIP) insurance. This protection covers up to $10 000 in medical bills in the event of an accident and is designed to help ensure that injured parties can get medical help quickly and affordably without having to go to court to recover the costs. In Florida, PIP is no-fault, meaning that injured parties receive the money regardless of who was at fault in an accident. Unfortunately, this no-fault clause also makes insurers susceptible to fraudsters, who do not have to extensively prove illness to get the money.

There are many ways that insurance fraudsters defraud insurers. In some cases, companies coach “victims” on how to describe injuries to insurance companies in order to get the money. In other cases, fraudsters are involved in complex networks of attorneys, clinics, and mechanics in order to stage accidents that have never taken place. Since PIP claims must be paid within 30 days of an accident, it is hard for insurers to separate fake claims from genuine ones.

Unfortunately, it is the real victims of Florida car accidents that pay for the fraud. With insurance fraud such a concern, insurers charge all drivers more to cover the losses caused by fake claims. Currently, Florida has the fourth-highest car insurance premiums in the country, and the costs are expected to rise as fraud rises. According to experts, fraud costs the average driver an additional $400 in premium costs. As well, insurance companies may suspect genuinely injured victims of fraud and may delay payment, causing financial distress for injured parties. In some cases, fraudsters get innocent drivers involved in car accidents by purposely causing an accident and blaming the other driver for the collision. In these cases, the victimized driver may sustain serious injuries and may find their insurance premiums increasing through no fault of their own.

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Could the State Reduce Florida Car Accident Rates by Charging a “Crash Tax”?

Published on: January 14, 2011 | By Flaxman Law Group

In the past, some cities in Florida have suggested charging a “crash tax” to the insurance companies of drivers who cause accidents. Currently, a number of cities across the nation charge such a fee, which ranges from about $500 to $2,000, on average. Lately, Tampa has been contemplating such a move.

Tampa Councilman Curtis Stokes is one of the individuals who supports such a fee. In the media, he has noted that currently clean-up costs after an accident are absorbed by a city and its taxpayers, while such a fee scheduled would ensure that the expense of clean-up would go towards the insurance costs of the at-fault driver. The money from the insurance providers, he believes, could be placed in a trust fund to help pay for related Florida car accident expenses, such as public safety expenses.

A law signed in 2009 by Gov. Charlie Crist may pose a legal challenge to such a fee. That law effectively bans fees levied for investigation or response costs. In the past few years, a number of states — Oklahoma, Pennsylvania, Arkansas, Missouri, Georgia, Indiana, and Tennessee among them – have passed similar laws to protect drivers and insurance companies from such costs.

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Can Online Learning Increase The Risk of Florida Car Accidents?

Published on: January 11, 2011 | By Flaxman Law Group

Since 2004, those seeking learners permit in Florida had the option of testing for their learners permit online. However, this option has been removed after officials discovered that over half of those who passed their learners permit test online could not pass the same test in person. The online learners permit test program officially ended with the close of 2010 after officials determined that the online testing option did not adequately test knowledge.

The change is meant to improve the safety standards for young drivers and new drivers. In 2009, a test of the online learners permit test was conducted when the Department of Motor Vehicles (DMV) re-tested 601 people in person. All of the examined persons had initialed passed their learners permit test online but 59% of these people were not able to answer enough basic rules-of-the-road questions in person to pass a learners permit test.

The online test was an additional source of revenue for Florida, with the state making up to three million dollars annually from the test. The online test was fee based, with applicants paying $20-$33 each for the option to take the test online. The in-person learners permit test has always been a no-cost option.

Police officers support the measure to enforce in-person testing for new drivers. Some have stated that the online option may encourage some applicants to cheat. As well, some police officers have expressed concern that those who cannot pass an in-person learners permit test may not have adequate knowledge of the rules of the road and may have a higher risk of causing Florida pedestrian accidents, car accidents, and other traffic accidents.

Now, applicants in Florida will need to pass their learners permit in persona at a tax collector’s office or at the Department of Motor Vehicles (DMV). It is unknown whether those who have already passed the test online will need to go through the process again. Currently, there are no reported studies to test the effects of online learners permit testing on Florida car accident rates.

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Distracted Driving a Concern for Law Enforcement Trying to Halt Florida Car Accidents

Published on: November 11, 2010 | By Flaxman Law Group

Some universities in Florida and across the country are starting awareness campaigns to warn student drivers about the dangers of distracted driving in a bid to reduce the number of Florida car accidents and pedestrian accidents. Campaigns such as the “Put Down Ur Cell Fone” campaign try to raise awareness among the students about distracted driving through on-campus signage and demonstrations. The message is clear: to reduce your risk of causing a Florida pedestrian accident or car accident, put away your cell phone when getting behind the wheel of your car.

Targeting student drivers may be a smart move, since according to some studies, drivers under the age of 20 have the highest number of drivers who routinely drive distracted. According to some statistics, up to 16% of under-20 drivers drive distracted. The dangers of this type of behavior are well documented. A study by the Harvard Center for Risk Analysis found that 6% of all car collisions are related to cell phone use. Cell phone use causes 636, 000 car accidents each year, and these accidents result in 330 000 injuries and 2 600 fatalities.

Cell phones are not the only danger. According to studies conducted by the National Highway Traffic Safety Administration and the Virginia Tech Transportation Institute 65% of near-accidents and 80% of all car accidents involve a driver who was distracted by some activity within three seconds of the collision or near-miss. Distracted driving can include texting, cell phone use, talking to passengers, adjusting music, searching for an item, eating, drinking, applying makeup, and any number of other activities. Researchers are very clear: don’t attempt to multitask while you drive.

Some states have banned texting while driving, but Florida so far has not taken that step. Nevertheless, law enforcement would like to see drivers voluntarily putting their mobile devices away when driving. Any distractions take away your focus and your eyes from the road. Even if this happens for only a few seconds, that is more than enough time for a Florida car accident to take place.

Distracted drivers face penalties for reckless driving. As well, if someone causes a crash because they have chosen to drive distracted, they can be held liable for the accident and can be sued. Insurance rates for such drivers also tend to increase. It is smartest – and safest – to put your entire focus on the road while driving.

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Florida Car Accident and Traffic Accident Scams Lead the Country

Published on: November 2, 2010 | By Flaxman Law Group

According to recent studies, Florida is now the leader in car insurance fraud. Although Florida car insurance fraud is not new, it has risen to new highs, largely due to unemployment and economic woes, according to experts. There are a few types of car insurance fraud schemes that are popular in the state:

1) Abandonment. Some car owners are simply leaving their cars abandoned in remote locations to avoid having to pay the high bills that come with cars. Some owners them claim the cars as stolen to defraud insurance providers.

2) Arson. Some owners are lighting their cars on fire to avoid further payments and in order to recover claim money from insurance providers. The fire, they believe, will eliminate the evidence of fraud, although this is often not the case.

3) Florida car accident fraud. In some cases, fraudsters work with others to stage Florida car accidents in order to fraudulently claim insurance money for non-existent injuries. The National Insurance Crime Bureau reports that between 2007 to 2009 there were 511 staged Miami car accidents and even more such accidents in other Florida states. According to the National Insurance Crime Bureau, one out of every four staged traffic accidents occurred in Florida.

Florida truck accident and car accident fraud is a serious problem for everyone. Even staged accidents can lead to serious injuries and of course this type of fraud can increase insurance costs for everyone. Plus, there are often innocent victims in these fraud schemes who are accused of causing an accident when in fact they did not. Worse, people who genuinely sustain a Florida spinal cord injury or another serious injury in a car accident often have a harder time recovering their claims because insurance providers are on the alert for fraud.

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