Car Accidents

December 16, 2013

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

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.

December 1, 2013

National Highway Traffic Safety Administration Publishes 2012 Traffic Fatality Statistics.

by Gerson & Schwartz, P.A.

Earlier this month, the National Highway Traffic Safety Administration (“NHTSA”) issued a press release discussing an analysis of the Administration’s 2012 Fatality Analysis Reporting System (“FARS”) showing that the number of deaths occurring from U.S. highway accidents increased from 2011 to 2012.

According to the numbers, highway traffic fatalities increased a little over three percent (3.3%) from 32,479 in 2011 to 33,561 in 2012. Almost three-quarters (72%) of the increase occurred in the three months of the year and mostly involved motorcyclists and pedestrians. Unfortunately, the increase marks a reverse in the recent downward trend in highway fatalities, which have been decreasing since 2005, and have remained at historic lows for the last five years. 2011 deaths were the lowest number since 1949.

NHTSA has estimated that fatalities for the first half of 2013 will be lower than those that occurred during the same time period in 2012. NHTSA maintains that, although motorists spent a similar amount time on the road in 2011 and 2012, the following statistics demonstrate a disturbing problem with the safety of America’s roadways: The fatality rate for occupants of large-trucks went up 8.9% from 2011, an increase for the third consecutive year.

November 22, 2013

AAA Foundation Raises Awareness Of Drowsy Driving Risks

by Gerson & Schwartz, P.A.

Recently, in support of its designation of November 10-17 as National Drowsy Driving Prevention Week, the AAA Foundation For Traffic Safety (“AAA”) released the results of a survey of drivers across the country regarding their perspective on on drowsy driving, as part of National Drowsy Driving Prevention Week (Nov 10-16). According to AAA, the goal of the survey is to “foster a social climate in which traffic safety is highly valued and rigorously pursued. The results of the survey show that, although most drivers condemned drowsy driving, more than a quarter admitted to doing it anyway.

Almost all the individuals surveyed, (94.9%) stated their belief that it was somewhat or completely unacceptable to drive when so sleepy they have trouble keeping their eyes open. 82.9% of respondents felt that drowsy drivers pose a somewhat or very serious threat to personal safety

The numbers compiled by AAA demonstrate the severity of the drowsy driving problem in America. According to AAA statistics, 16.5% of fatal crashes, 13.1% of crashes resulting in hospitalization, and 7% of crashes in which a passenger vehicle is towed involved a drowsy driver.

November 1, 2013

Two Motorcyclists Suffer Serious Injury In Motor Vehicle Accident Near Venice, Florida

by Gerson & Schwartz, P.A.

According to a recent story published by the Herald Tribune last month, two people were seriously injured on October 9, 2013, in a motorcycle crash that required authorities to shut down the southbound lanes of U.S. Interstate 75 near mile marker 193 in Venice, Florida. The Florida Highway Patrol concluded that the crash occurred at approximately 6:00 pm when a 2012 Toyota Camry heading southbound in the center lane of I-75 failed to notice a 1994 Honda VXR motorcycle slowing in front of him and rear-ended the rider and his passenger.

The impact of the collision caused the motorcycle to become trapped under the car, which continued forward for another 400 feet. Both the motorcycle driver and passenger suffered critical injuries in the accident and were helicoptered to Blake Medical Center in Bradenton for treatment. The driver of the Camry was cited for careless driving, presumably under Section 316.1925 of the Florida Statutes which requires motorists to drive in a “careful and prudent manner…so as not to endanger the life, limb, or property of any person.”

As this blog has discussed before, motorcycle accidents are particularly dangerous due to the limited amount of protection they provide to riders compared to more traditional modes of transportation such as cars and trucks. Motorcycles are also far less visible in traffic than cars, resulting in an increased risk accident. One report concluded that the risk of a motorcyclists’ likelihood of being killed in a traffic accident is sixteen times that of the driver of an automobile.

October 19, 2013

Car Overturns In St. Petersburg, Florida Canal, Trapping Two Children Inside

by Gerson & Schwartz, P.A.

Late last month, ABC Action News reported that two children and their father had been rescued from a vehicle overturned in a St. Petersburg, Florida canal following a motor vehicle accident.

According to St. Petersburg police, the car in which the children were passengers ended up in the canal as the result of a chain reaction collision involving several other vehicles. The victim’s silver sedan was at front of a line of cars of parents waiting to pick up their children from Sawgrass Elementary School. The driver of a gold Chevy Tahoe accelerated into the rear of the row of cars which then pushed the sedan into the water. Police are still investigating the incident but the driver of the Tahoe has been determined to be at fault and charges are pending.Under certain circumstances, speeding in Florida constitutes a special form of negligence known as “per se” negligence. Normally, Florida law allows individuals to recover for injuries suffered as the result of the negligence of another when the victim is able to show that the offender failed to exercise “ordinary care” in their course of conduct. To prove a claim for negligence, the plaintiff must prove three elements:

The defendant owed the plaintiff a duty to exercise ordinary care.

October 12, 2013

Texting While Driving Ban Goes Into Effect In Florida.

by Gerson & Schwartz, P.A.

Back in March, this blog discussed the Florida Senate’s approval of Senate Bill 52 (“Bill 52”), that sought to impose a statewide ban on texting while driving. On October 1, 2013, Bill 52, renamed “Florida Ban on Texting While Driving Law”, became effective. Florida’s texting ban makes it the forty-first state to adopt such prohibitions on the use of cellphones while driving. The State of Maryland also adopted a similar texting ban on October 1 of this year.

The new measure outlaws texting by motorists, but exempts police and other emergency vehicles. Texting while driving is considered a secondary offense, meaning that police can cite drivers for texting only if they have been stopped for another traffic violation such as speeding. A first violation of the law results in a $30 fine, however, if the texting causes a motor vehicle accident, the offender will also be assessed six points on his driver’s license.

Some proponents of anti-texting laws have criticized the measure for including too many exceptions and exemptions. For example, motorists are still permitted to use their cell phones when stopped red lights or stop signs and when moving, to perform certain tasks such as checking GPS and getting directions. Drivers can also send a text message to report the commission of a crime.Further, the law allows drivers to read text messages as long as they contain address information or directions. Detractors of the law contend that this allows anyone cited for texting while driving to excuse their behavior by claiming they were looking at a map or checking directions.

October 5, 2013

Clearwater Man Arrested In Connection With Fatal Hit-And-Run Of Bicyclists

by Gerson & Schwartz, P.A.

Early this month, a young couple, Rob Lemon, 25, and Hilary Michalak, 25, were struck by a motorist while riding their tandem bike on the Memorial Causeway in Clearwater, Florida. According to reports, the force of the impact shattered the bike and threw the pair over 50 feet. Although both individuals were wearing helmets, Lemon later died at St. Joseph’s Hospital in Tampa and Michalak fell into in a coma.

The vehicle that struck Lemon and Michalak did not stop, however, two days after the incident, Christopher Patrick Weed, 29, of Clearwater, came forward and admitted he may have been involved. According to police, Weed claimed that he had blacked out on the way home from and didn’t remember hitting anyone.Upon seeing news coverage of the incident, Weed went to police, who later discovered Weed’s vehicle had a missing windshield and damage to the front end. Weed was arrested on two felony charges of leaving the scene of a crash.

According to those close to the victims, both were aware of the danger posed by bicycling on Florida’s roadways. Both Lemon and Michalak always wore helmets and usually rode their bike on trails to avoid the dangers posed by traffic. Lemon also wore an anklet engraved with his father’s name and phone number so that he could be identified and family contacted if he was ever seriously injured.

September 23, 2013

Court Decision Discusses Tort Of Negligent

by Gerson & Schwartz, P.A.

Last month, the United States District Court for the Middle District of Florida, issued a decision in the case of Seybold v. Clapis, discussing the tort of negligent infliction of emotional distress as it relates to car accident claims. In Seybold, the plaintiffs, Mandy Seybold, John Seybold, and their two children, were preparing to leave the Disney All-Star Movie Resort. John Seybold was in the hotel checking out as Mandy Seybold waited near their vehicle containing the children. As Mandy and the children waited, Mandy was struck by a car driven by the defendant, Victor Clapis. Hearing his wife scream, John Seybold went outside to find Mandy Seybold’s pinned between the vehicles. Clapis put his car into park, leaving Mandy Seybold pinned. A bystander moved the Seybold’s vehicle, freeing Mandy Seybold’s leg. Although the incident took place on Walt Disney’s property, no Disney employees came to assist Mandy Seybold.

The Seybolds sued both Clapis and Disney, allege claims on behalf of John Seybold and the children against Disney for negligent infliction of emotional distress. Disney moved to dismiss these claims, arguing that the Seybolds would not be able to prove the elements of a claim for negligent infliction of emotional distress.

Under Florida law, the elements necessary to prove a claim for negligent infliction of emotional distress differ depending on whether or not the plaintiff suffered a physical impact from an external force. If the plaintiff has suffered an impact, he or she may recover for emotional distress resulting from the incident during which the impact occurred.

September 10, 2013

Six People Injured Miami Crash

by Gerson & Schwartz, P.A.

A driver lost control while speeding on I-95 and crashed into a wall. The accident, which left six people injured, happened late on Sep. 1, 2013, resulting in the closure of all southbound lanes at exit 103. Florida Highway Patrol proceeded to investigate the incident.

According to CBS Miami, a black Nissan carrying four people was travelling at high speeds when the 21-year-old driver lost control and crashed the vehicle into a guardrail, another wall and finally a second car. The impact of hitting the wall resulted in two of the four people being ejected from the vehicle, one of whom was the driver. They were taken to Ryder Trauma Centre. The driver and one passenger were listed in critical condition, and the other two passengers had severe but stable injuries.

The two people travelling in the second car also were injured. The vehicle was struck as the Nissan spun out after rebounding off the wall. Fortunately, their injuries were minor and were treated on the scene by Miami-Dade Fire Rescue.