Car Accidents

June 4, 2014

Report Concludes That Florida Is The Most Dangerous Place For Pedestrians

Late last month, our Miami car accident attorneys discussed another unfortunate accident in which thirty-six year-old woman Keythe Perez was struck and killed by a vehicle while crossing Palm Beach Boulevard in Fort Myers, Florida. The incident marked the sixth pedestrian killed in Lee County since the beginning of the year, and the fifth in a little more than a month.

In response to the growing number of traffic accidents involving pedestrians, Smart Growth America, a national organization dedicated to researching ways in which to improve America’s neighborhoods, commissioned a study, entitled “Dangerous by Design,” to look at where pedestrian fatalities happen and who’s most at risk in every U.S. county, metro area, and state.

According to the report, in the decade from 2003 through 2012, 47,025 people died while walking on our streets, representing 12.3 percent of total traffic deaths. During the same period, 676,000 pedestrians were injured in traffic accidents, or one every approximately eight minutes.

April 21, 2014

Florida Federal Court Decision Discusses Insurer’s Attempt To Avoid Extending Uninsured/Underinsured Motorist Coverage

by Gerson & Schwartz, P.A.

Earlier this year, the U.S. District Court for the Southern District of Florida issued a decision in the case of Arnold v. Wausau Underwriters Insurance Company, discussing a circumstance under which an insurance company attempted to avoid extending uninsured/underinsured motorist coverage based upon some dubious paperwork. Our Miami car accident lawyers have extensive knowledge on this topic.

In the Arnold case, the plaintiff, Timothy Arnold filed a claim with Wausau Underwriters Insurance Company, for uninsured motorist coverage after Arnold was involved in a car accident while working for his employer, RJA. At the time of the accident, RJA held an insurance policy with Wausau, however, a dispute arose as to the terms of that policy.

Specifically, Arnold claimed that the policy provided $1 million in uninsured/underinsured motorist coverage. Wausau, on the other hand, contended that RJA had agreed to modify the policy two months after it was executed, and executed a form declining all Florida uninsured/underinsured motorist coverage. Based on the alleged modification, Wausau denied Arnold uninsured/underinsured motorist coverage for the accident.

Arnold sued Wausau in federal court, alleging that Wausau had breached its contract with RJA by failing to extend coverage for Arnold’s accident. Both Arnold and Wausau moved the District Court to grant judgment in their favor prior to trial. The Court denied both parties’ motions and ordered the case proceed to trial.

April 8, 2014

Federal Trucking Agency Launches Program To Hold Carriers Responsible For Safety Violations

by Gerson & Schwartz, P.A.

Last month, this blog discussed the newly-passed Federal Motor Carrier Safety Administration hours-of-service (“HOS”) safety requirements for commercial truck drivers, limiting the number of hours a truck driver is permitted to operate his or her vehicle during any given period of time. Since then, our Miami truck accident lawyers have been keeping an eye out for new developments related to this issue.

Last year, the FMCSA, launched the Compliance, Safety, Accountability Program (“Program”) which scores the safety of trucking carriers and is designed to increase accountability for carriers that continually violate safety regulations. Carriers that receive poor safety scores under the Program often suffer negative consequences such as loss of business from customers that don’t want to work with a carrier that has a poor safety record, greater insurance rates, and additional scrutiny from law enforcement and inspectors.

Although the Program appears, on its face, to be a step in the right direction towards increasing trucking safety standards, recent reports by not one, but two, government agencies have concluded that the Program may suffer from some problems affecting its accuracy. Both the Department of Transportation’s Office of the Inspector General (“OIG”) and the Government Accountability Office (“GAO”) have issued results of their audits of the Program, concluding that it suffers from several problems stemming from poor data quality.

March 24, 2014

Brutal Hit-And-Run Accident Emphasizes Need For Tougher Penalties, Says Car Accident Attorneys

by Gerson & Schwartz, P.A.

Late last year, our Miami bicycle accident attorneys kept a close watch on the development of new legislation, entitled the “Aaron Cohen Life Protection Act,” that, if passed, would increase the minimum jail sentences for leaving the scene of a motor vehicle accident. Specifically, the measure would allow prison sentences of up to three years for an accident resulting in injury, seven years for serious bodily injury, and ten years for a hit-and-run resulting in death.

A recent brutal hit and run accident in Fort Lauderdale, Florida has emphasized the continuing need for such harsher penalties. In December, motorist Axel Inostroza, struck 53-year-old bicyclist Craig Camlin near the 5200 block of Northeast 18th Avenue in Fort Lauderdale. The force of collision caused Camlin to become wedged on the rear window of the vehicle, as Inostroza drove on for two more miles. Eventually, Inostroza dumped Camlin’s body behind a trash bin near his home in Pompano Beach.

Several hours after the accident, a landscaping crew discovered Camlin, who was rushed to a local hospital and listed in critical condition with a broken spine and other injuries. As for Inostroza, he took his car to a local body shop and then went home to take a nap. Inostroza later admitted to investigators to his involvement in the crash and confessed that he had been drinking before the accident.

March 11, 2014

Study Finds That New Driving Regulations On Truckers Will Prevents Thousands Of Crashes

by Gerson & Schwartz, P.A.

In June, this blog discussed newly-passed regulations from the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) revising the hours-of-service (“HOS”) safety requirements for commercial truck drivers. HOS regulations limit the number of hours a truck driver is permitted to operate his or her vehicle during any given period of time. Since then, our Miami personal injury attorneys have been keeping an eye out for new developments related to this issue.

The new HOS requirements became effective on July 1, 2013, and are designed to reduce the number of accidents caused by driver fatigue and act as a cost-cutting measure due to fewer truck crashes and improved driver health. Some of the new regulations:

Cut the maximum number of hours a trucker can drive in a given week from 82 down to 70.

January 27, 2014

Florida Federal Court Decision Explains “Stacking” Of Insurance Policies

by Gerson & Schwartz, P.A.

Last fall, the U.S. District Court for the Northern District of Florida issued a decision in the case of Brannan v. Geico that discussing the issue of “stacking” limits in auto insurance policies and how such provisions can limit an insured’s recovery in the he or she is injured in a motor vehicle accident. Our Miami car accident lawyers have extensive knowledge on this topic.

“Stacking” insurance is a way in which an insured can increase the payment limits of his or her auto insurance by combining the underinsured and uninsured injury coverage for multiple vehicles. For example, if a motorist had $50,000 underinsured/$100,000 uninsured coverage on two vehicles, the stacked coverage for both cars would be $100,000/$200,000.

In the event the motorist was involved in an accident with an underinsured/uninsured driver, he or she could receive compensation up to the stacked policy limits of $100,000/$200,000. Stacked insurance coverage generally costs significantly more than non-stacked coverage, sometimes even more than twice as much.

January 13, 2014

Florida Car Accident Deaths & Recoverable Damages

by Gerson & Schwartz, P.A.

Tragedy struck in North Miami Beach late last month, as a fiery crash claimed the lives of several residents, including a 6-year old girl. According to a CBS Local report, three family members (including the girl and her father) were riding southbound on Okeechobee Road when another vehicle came toward them in the opposite direction. Local authorities report that the vehicle going north was speeding, and the driver eventually lost control. The car careered across the median and hit the family’s vehicle head on. All four people involved in the accident were killed. Our Miami car accident attorneys are prepared to assist the loved ones of anyone that may find themselves in a similar situation.

Damages in Florida Lawsuits: Compensatory or Exemplary

Following tragic Miami car accidents like this one, it is common for civil lawsuits to be filed. These suits seek to hold wrongdoers accountable for the consequences of their actions. In most cases, insurance companies are involved. Miami car accident attorneys often work on behalf of those hurt in their negotiations with those insurance companies, potentially taking the case all the way to a trial if necessary.

December 30, 2013

Florida Federal Court Decision Addresses Important Legal Concepts In Car Accident Cases

by Gerson & Schwartz, P.A.

Last month, the U.S. District Court for the Middle District of Florida issued a decision in the case of Worley v. State Farm that addressed two incredibly important legal concepts in car accident cases. The first of these two concepts was the presumption of negligence that applies in rear end car collisions, and the second is the principle of comparative negligence. Our Miami car accident attorneys are following the effects closely.

In Worley, the plaintiff was injured in a 2010 car accident when a vehicle driven by the uninsured defendant rear ended her. The plaintiff claimed that she was stopped at a yield sign when the other driver struck her. The defendant testified, however, that the plaintiff had begun to drive through the intersection when she suddenly stopped, thereby causing the collision.

The plaintiff’s auto insurance provider, State Farm, declined her coverage after determining that the plaintiff was at least partly responsible for the accident. The plaintiff sued in federal district court and moved for summary judgment, arguing that, under Florida law, she was entitled to a presumption that the defendant driver was negligent in rear-ending her. Florida has adopted a rebuttable presumption that a rear driver’s actions are the sole proximate cause of an accident and any resulting injuries.

December 16, 2013

Florida Legislature Considers New Law To Curb Hit-And-Run Accidents

by Gerson & Schwartz, P.A.

According to a recent article published by the Huffington Post, the Florida Legislature is now considering a new piece of legislation, entitled the “Aaron Cohen Life Protection Act,” named for a bicyclist that was killed on the Rickenbacker Causeway in 2012, that would increase the minimum jail sentences for leaving the scene of an accident to three years for an accident resulting in injury, seven years for serious bodily injury, and ten years for a hit-and-run resulting in death. The proposed legislation would also require a convicted offender’s license to be suspended for a minimum of three years. Our Miami hit-and-run accident attorneys will be paying close attention to any possible outcomes.

Under current Florida law, there is no minimum sentence for leaving the scene of a deadly accident. Florida law requires anyone involved in a car accident to remain at the scene and render aid and provide information. According to Florida Statutes Title XXII Section 316.027, “the driver of a vehicle involved in a crash…that results in the death of any person must immediately stop the vehicle…and remain at the scene.”

Leaving the scene of an accident where there is property damage is a misdemeanor of the second degree and carries a maximum penalty of 60 days in jail and a $500 fine. Leaving the scene of an accident involving injuries is a felony of the third degree and can result in a maximum penalty of five years in prison and a $5,000 fine. Leaving the scene of an accident in which someone dies is a felony of the first degree carrying a maximum penalty of 30 years in prison and a $10,000 fine.

December 11, 2013

Top 3 Car Insurance Tips for 2014 – Get Ready Now!

by Gerson & Schwartz, P.A.

I’d like to thank trial lawyer Wayne Cohen or providing this guest blog. Wayne is the founding partner of the personal injury law firm of Cohen & Cohen, PC in Washington, D.C. I hope you find the blog informative and interesting!

Top 3 Car Insurance Tips for 2014 – Get Ready Now!

As we approach 2014, it’s a great time for you to reevaluate your car insurance needs. Before the new year is upon us, here are the top 3 insurance tips that you should consider for 2014.