Tampa Personal Injury Blog

Riding a motorcycle down the open highway on a beautiful Florida day is an exhilarating experience. Unfortunately, it can also be quite dangerous.

The rate of motorcycle accidents causing injury or death rose steadily over the last decade. In 2008, over 8,500 bikers were injured and more than 500 were killed in Florida motorcycle accidents. However, thanks to the state's increased focus on motorcycle safety, Tampa motorcycle accident attorneys and others are noting sharp declines in the number of bikers killed or injured on Florida roads.

One year after the state implemented its safety campaign, fatal motorcycle crashes dropped by 24 percent and accidents causing injury fell by 12.7 percent.

Improving roadway safety is everyone's responsibility. There are some simple steps both drivers and bikers can take to prevent accidents and reduce the risk of serious injury or death.

Distracted driving by Florida car drivers has received intense scrutiny in the press in recent years. Less discussed, but just as important, is distracted driving by Florida truck drivers.

The National Transportation Safety Board (NTSB) has recommended that truck drivers be banned from using cell phones while they are driving. This includes both handheld and hands-free devices, and it covers both talking and texting.

NTSB is highly critical of commercial truck drivers who use cell phones while they are driving. While NTSB has advised the Federal Motor Carrier Safety Administration that commercial driver-license holders not be allowed to use cell phones while they are working, it does not make the laws; rather, it provides recommendations on what the rules should be.

Every year, millions of tourists travel to Florida to visit its theme parks and beautiful beaches and perhaps catch a glimpse of an alligator in the wild. Unfortunately, a fun family vacation can easily turn into an expensive nightmare if a visitor is injured in a car accident.

By law, every Florida resident is entitled to $10,000 in personal injury protection (PIP) coverage under their auto insurance policy. This means that if a Florida resident is injured by a motor vehicle, insurance will pay the first $10,000 in medical bills, regardless of who is at fault.

Unfortunately, unlike in many other states, this coverage is not extended to out-of-state visitors.

Generally, under Florida law, if a person injured in a car accident while riding as a passenger in someone else's car, while walking or riding a bike, or after having fallen off their motorcycle or moped, that person is entitled to PIP coverage under the driver's insurance. However, this is not true if the injured person is not a Florida resident. Instead, the injured person is responsible for his or her own medical costs, which can quickly skyrocket out of control.

The latest data from the Insurance Research Council (IRC) places Florida among the top five states nationwide in terms of uninsured motorist rates. Only Mississippi and New Mexico had marginally higher rates than Florida's 24 percent, more than five times the rate of the lowest states.

Nationwide, drivers who are involved in a car accident have about a one in seven chance that the other driver carries no insurance to protect against liability for personal injuries and property damage. In Florida, which averages well over 600 car crashes every day, the chance is one in four that the driver who caused the wreck does not have an automobile policy.

Driving on the streets of America is a privilege. As such, the state of Florida can institute safety rules that drivers must follow in order to enjoy the privilege of driving, including speed limits, a minimum age, and licensing and insurance requirements.

For citizens of Florida to legally operate a vehicle on state, county or city roads, drivers must carry a minimum amount of insurance coverage. This requirement applies to drivers who live in Florida for a minimum (not necessarily consecutive) of 90 or more days within a 365-day period.

The required insurance is intended to cover the cost of damage caused to other people, vehicles or property in the event of an accident. Minimally, Florida drivers must carry at least $10,000 for bodily injury liability for one person, $20,000 for bodily injury liability for two or more people, and $10,000 for property damage liability. In addition, the state requires drivers to purchase a No-Fault policy to cover damage to person and property in the event that the other driver is uninsured; minimums for no-fault coverage are $10,000 for bodily injury and $10,000 for property damage.

One of the many benefits of living in Florida is the miles of nearby ocean and ample opportunities to enjoy the water by going boating. Sometimes what is supposed to be a day of fun on the water turns tragic, however, when boaters get into accidents. Unfortunately, that happens more in Florida than in any other state in the country. In 2010, Florida waters saw 668 boating accidents. While that is an improvement from the high of 743 accidents in 2004, officials from the Florida Fish and Wildlife Conservation Commission, an organization that helps educate the public about boating safety, says that by following a few safety tips boaters can avoid common causes for boating accidents and keep themselves safe.

One of the most commons types of personal injury is a slip-and-fall. A common slip-and-fall occurs when a customer falls and injures themselves due to an unsafe condition in a store or other business establishment.

When it comes to slip-and-falls in Florida, the laws have changed throughout the years; however, recently Florida passed a new slip-and-fall statute. The new statute became effective on July 1, 2010, and changes the burden placed upon the victim. Specifically, the new statute addresses whether a victim has to prove whether the business had knowledge of the unsafe condition.

According to the National Highway Traffic Safety Administration (NHTSA), 33,808 people died in traffic crashes in 2009 in the United States. An estimated 10,839 people lost their lives as a result of drunk drivers with an illegal blood alcohol concentration (BAC) of .08 or greater. For Florida, the state reported 770 drunk driving accident fatalities for 2009, in addition to over 53,000 driving under the influence (DUI) and nearly 38,000 liquor law violation arrests. For the Sunshine State, alcohol impaired driving has presented serious public safety issues, as demonstrated in the recent arrest of an Ocala man.

On the night of June 3, 2011, witnesses on County Road 312 and State Road 40, noticed a Ford truck driving carelessly. The vehicle drove off the road and into oncoming traffic several times. The Ford eventually collided with a Jeep, rear-ended one SUV and then rammed a truck before driving off. Eyewitnesses were able to notify Florida Highway Patrol and offer a license plate number. Soon thereafter, a bloody Keith D. Kirchoffer, the driver of the Ford, was found at his home.

After refusing the sobriety test, the Ocala resident was arrested and tested. His BACs were confirmed to be .212 and .211. Florida's legal limit is.08. Authorities charged Kirchoffer with several offenses, including his third DUI, leaving the scene of an accident with property damage and leaving the scene of an accident with injuries. As a result of Kirchoffer's reckless driving, several people, including two small children, were hurt. While all are expected to recover from their injuries, each was transported and treated at a local hospital.