Motorcyclists are at the highest risk of injury or death in their first year riding, with the most dangerous month being the first, according to safety studies. Already a potentially dangerous endeavor, the first 30 days are about four times riskier than the entire second year for motorcycle riders. The Highway Loss Data Institute (HLDI) issued a study showing that 22 percent of all motorcycle collision claims from 2003 through 2007 (about 57,000) occurred within one month of the driver starting a new policy. After six months, the claim rate fell by almost two-thirds. Another study released indicates taking licensing courses that fast-track the time it takes riders to get out on the road may contribute to the high collision rates among novice motorcyclists.
]]> It is vitally important for riders to learn how to handle their own bikes in a safe and effective manner. But taking the licensing courses do not necessarily lower crash rates, experts say, though they can teach invaluable skills.The institute analyzed the effects of having state-required training programs for riders younger than 21. In Florida and three other states, the HLDI found course graduates' collision claims were 10 percent higher than 28 states without the requirement.
For others who want to learn to drive a motorcycle, the nonprofit Motorcycle Safety Foundation offers training in 48 states and has helped more than six million riders. One of the most important things for new motorcyclists to do is make sure other drivers see them. Unfortunately, skills learned during training and precautions taken out on the road may not protect motorcyclists from negligent motor vehicle drivers.
According to national data, motorcycle deaths reached 5,312 in 2008 - double the total from a decade prior. In 2009, fatalities fell to 4,469. Negligent drivers can cause extremely damaging injuries and crashes, which are particularly catastrophic when a motorcycle is involved. An advocate with experience in motor vehicle accidents and injuries can be helpful in dealing with insurance companies and working towards compensation for the injured motorist.
Source: Associated Press, "Data show risk highest for new motorcycle riders," 4/16/12.
]]>In fact, a new investigation has revealed that motor vehicle accidents caused by speeding police officers have occurred hundreds of times in Florida over the last eight years. In one year, a South Florida Sun-Sentinel newspaper investigation found nearly 800 officers from 12 Florida law enforcement agencies drove between 90 and 130 miles per hour (mph) on state highways. In one instance, a man was even left paralyzed after being injured by police high-speed driving.
]]> It is necessary for police to speed from time to time. But unless an officer is in pursuit of a suspect, speeding in excess of 100 mph can be dangerous and put other motorists at risk of an accident. In several cases in the investigation, the officers were not responding to emergencies or protecting the public, they were simply on patrol driving recklessly and at excessive speeds. This behavior is considered a threat to public safety by some safety advocates.Florida State Highway Patrol is seeking ways to maintain responsibility within their departments, but short of placing squad cars on the road to regulate those that are meant to regulate us, it must be a situation of responsibility and trust.
If you or a family member has been injured due to a car accident caused by a speeding police officer, you may be entitled to compensation. Speak to a Florida personal injury attorney experienced in motor vehicle accident matters to discuss your legal rights and options.
Source: CBS News, "Extreme Police Speeding Investigated in Florida," Mark Strassmann, 3/20/2012.
]]>The auto insurance bill is expected to preserve more than $2 billion in government-mandated health care coverage. Defended by hospital and insurances lobbyists, the controversial bill has plenty of opponents who believe it simply adds to the bottom lines of big insurance companies while lessening benefits and choices of consumers, including:
Florida's personal injury protection system began in the 1970s as an effort to reduce lawsuits and to provide quick payments for minor injuries after car accidents. Instead, it has been a perpetual source of concerns about high premiums and fraud. In December 2011, a state working group released findings indicating those concerns may be accurate. According to the group, Florida's PIP system results in "staggering" rate increases causing some families to pay more than $3,000 for only $10,000 in coverage. Further, 95 percent of more than 35,000 lawsuits filed in 2012 in Florida's county courts directly involved PIP insurance.
If the bill is signed into law, as is expected, injured victims may find themselves coming up short when it is time to pay medical and treatment bills. If the victims have health insurance, the surplus costs would likely shift to the traditional health insurance plan. Victims may also have the right to pursue legal recourse against the at-fault drivers and their liability insurance coverage.
Source: Palm Beach Post, "Unpopular no-fault auto insurance mandate hangs on in Florida," Charles Elmore, 4/7/2012.
]]>During the dramatic I-75 car accident, the 1997 Mitsubishi Eclipse struck the uneven road bed in the construction area, hit a berm, flew into the northbound median where it hit a guardrail, turned in a circle and ended up in the outside northbound lane.
Puzzlingly, according to law enforcement, the young driver was apparently able to exit the car because he was found dead in a nearby wooded area. The fatality and accident are under further investigation.
]]> The man's passing is especially poignant, as his immediate family has apparently endured a history of tragic premature deaths. When the victim was only a child, his sister was the probable victim of a violent crime and his father died in a truck accident.The interstate at the point of the recent car collision is being widened and realigned, a construction project that will extend into the summer months. Reportedly, the state and its contractors are the subjects of a lawsuit over another fatal motor vehicle accident with strikingly similar facts that occurred on another stretch of I-75.
Anyone who loses a loved one in a fatal car accident should discuss the details of the situation with an experienced personal injury lawyer to explore potential defendants, including anyone responsible for dangerous road conditions.
Source: The Herald-Tribune, "UPDATE: I-75 death compounds tragedies for Sarasota family," Dale White, 3/27/12.
]]>Unfortunately, spring break is rife with accidents and injuries for tourists and visitors to Florida. Many injuries happening at the hotels housing the spring break revelers. Slip-and-falls on balconies caused by students attempting to climb between balconies or by leaning too far over the balcony railing are common occurrences.
Florida Law Regarding Balcony Safety
Florida law attempts to minimize the dangers of balconies by implementing minimum design and safety specifications. To minimize the risk of falling over the railing, all hotel and condominium balconies have to be at least 42 inches high. State law also requires spaces between railing bars to be no more than four inches apart, to lessen the chance a person squeezing through the railing.
]]> Hotel Liability for InjuriesIf the balcony safety standards fail to protect guests from injury, in some cases, hotels can be held liable. Florida law requires that hotels act reasonably to ensure the safety of their guests from dangers found on the hotel property.
To carry out this legal duty, the law requires hotels to regularly maintain and inspect their property to seek out dangers that guests may not be aware of. If a danger such as a loose railing on a balcony is found, the hotel has a duty to repair, remove or post a warning about the danger within a reasonable time.
If the hotel fails to correct dangerous conditions on the property that it knows about or should know about, the hotel is negligent. If a guest is injured because of a hotel's negligence, the hotel is liable for the expenses stemming from the guest's injury such as medical expenses, lost wages and pain and suffering.
Source: WJHG.com "Spring Break: Alcohol and Balconies Don't Mix," Mark Vaughn, 2/6/12.
]]>During the LTCCS, data was collected on driver sleep history, number of hours behind the wheel and fatigue. This type of data can be used to help guide government agencies when changing trucking rules and regulations.
The study also sought to collect data on whether working conditions such as, wages and scheduling had an impact on the number of large truck crashes. Research associated with working environment may inform policy makers on whether truck driver conditions need to be regulated to improve safety.
Investigation of whether roadway design affects truck safety was also tracked through looking at the relationship between road design and crash statistics. For example, are truck lane restrictions effective in lowering crash risks? Many environmental factors can be very specific and can be used when investigating individual crashes.
The data collected in the LTCCS database provides information on large truck accident causes, risks that contribute to crashes, and helps investigators reconstruct accidents to help determine causes and liability. It is a tool to aid in improving trucking safety and reducing accidents.
Remedies for Truck Accident Victims
Even with safety measures in place, trucking accidents still occur. Depending on the circumstances surrounding a truck accident, remedies may be available for injured victims. A Tampa truck injury attorney can investigate the cause of a collision. If driver negligence is implicated, monetary damages can generally be recovered to pay for medical bills, loss of wages, pain and suffering. In some circumstances, punitive damages may be awarded, if the negligence was egregious. If you were injured in a trucking accident, speak to a personal injury lawyer to learn more about your legal rights and options.
Source: U.S. Federal Motor Carrier Safety Administration, Large Truck Crash Causation Study (LTCCS) Analysis Series: Using LTCCS Data for Statistical Analyses of Crash Risk, James Hedlund and Daniel Blower, Jan. 2006
]]>The long bureaucratic struggle to revise the federal Hours-of-Service (HOS) regulations finally came to an end with the FMCSA's release of a final rule in late December. Key aspects of the rule will go into effect nationwide at the end of February 2012.
]]> While trucking safety advocates had lobbied in favor of a reduction in the daily number of hours a truck driver can spend behind the wheel, the new rule allows truckers to continue to drive 11 hours per day. The most important new restriction is a reduction in the allowable weekly hours of service from 82 hours to 70 hours over any seven-day period.The new rule also changes the definition of "on duty" time, which now includes any time that the driver is in the truck but not in the sleeper cab. Truck drivers are also to be considered on duty if they are waiting for a truck to be loaded or unloaded and are responsible for the truck.
Driver fatigue is one of the primary causes of trucking accidents, and a key part of any truck accident investigation is determining whether a trucker exceeded HOS limits. The strict legal regulations and complex paper trail behind any truck wreck are the primary reason why it makes sense to work with an experienced truck accident lawyer to hold trucking companies and drivers fully accountable.
Source: Truckinginfo, "Final HOS Rule Retains 11 Hour Driving Limit," 12/22/2011.
]]>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.
]]> Tips for DriversIn most accidents between a passenger vehicle and a motorcycle, the driver, not the biker, is to blame. Often, accidents occur because drivers don't "see" the motorcyclist the same as they would a passenger vehicle.
Drivers need to always be on the lookout for motorcycles, understanding that a motorcycle's small size means bikers can easily be hidden in a car's blind spot. A bike's relatively small stature may also make it look farther away than it actually is.
Drivers also need to understand that motorcycles cannot stop as quickly as cars, especially on slippery roads. Leave extra following distance when travelling behind a motorcycle. Also, many bikers reduce speed by decelerating or shifting gears, so don't count on brake lights to tell you when to slow down.
Tips for Bikers
The most important thing a biker can do to prevent a fatal motorcycle accident is to wear a helmet. Nearly half of all Florida bikers who died in 2009 were not wearing helmets.
Bikers also need to be vigilant. Understand that drivers may not always recognize motorcycles, and ride accordingly. Motorcyclists should also be proactive in watching out for obstacles and road hazards - it's much easier to adjust if you know what's coming.
Finally, motorcyclists need to be aware of their own experience levels. Choose rides that are safe, and gradually increase the difficulty as you get better at riding.
Together, we can help improve safety for everyone on the road. If you do become injured as a result of someone else's negligence, know that you have rights. Contact a Tampa personal injury attorney who can help you understand your options.
Source: Motorcycle Safety Foundation, "Ten Things All Car & Truck Drivers Should Know About Motorcycles."
]]>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.
]]> Reasons Behind Proposed Ban on Truckers' Use of Mobile PhonesA Texas Transportation Institute study shows that texting while driving can more than double the reaction time of the driver. In a 2010 Kentucky crash, a truck crossed the median and smashed into a van, killing 10 people and the truck driver. The trucker had been using his cell phone frequently and had placed a call just before the truck accident.
Crashes between semi-trucks and smaller vehicles can be especially deadly to the occupants of the smaller vehicles. The disparity in size and weight between semis and cars or SUVs can lead to death or serious injuries such as broken bones, spinal cord injuries or severe head injuries.
When devastating injuries happen because of a trucker's negligence, such as distracted driving, it can seem all the more painful. NTSB's recommendations to end mobile phone use by truckers could prevent many Florida truck crashes.
Source: NBC News, NTSB Wants Nationwide Ban on Mobile Use by Commercial Drivers, Frank Heinz, 10/13/11
]]>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.
]]> Visitors Can Protect Themselves by Planning AheadIt's not always true that visitors will have the same insurance coverage on vacation as they do at home. Before leaving for vacation, tourists should contact their insurance companies to determine exactly what coverage their policy provides if they are injured out-of-state.
Vacationers who won't be covered by their auto insurance policy and who don't have health insurance that would cover them in the event of an accident have a number of options. Catastrophic coverage health insurance policies are relatively affordable and can often be purchased on a month-to-month basis. Experts also recommend that tourists contact their credit card companies before travelling - many provide affordable health care options for travelers.
Tourists injured in a car accident while vacationing in Florida may be wise to seek the advice of an attorney who can help them seek compensation for their injuries. However, because of the unique circumstances of their accident, it's important that they choose a Florida law firm that is skilled in handling cases for out-of-state clients.
]]>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.
]]> IRC has pointed out the relationship between the recent economic downturn and the rate of uninsured motorists. But to a person who suffers serious injury due to another driver's negligence, the only important factor is finding sufficient compensation to pay for lost wages, medical bills and other damages.The most important advice any automobile owner can receive is to acquire optional uninsured/underinsured motorist (UM/UIM) coverage. Such a policy can provide vital additional coverage beyond the $10,000 in personal injury protection (PIP) that is mandatory for all Florida auto policies.
Just as important, Florida car accident lawyers can help clients review the evidence to assess whether other parties may also be at fault. The presence of a third driver whose reckless actions caused the accident, a defective or poorly designed automobile component, or other negligence that might not be immediately obvious to an injury victim can make a huge difference in the outcome of accident litigation.
]]>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.
]]> Not all drivers, however, purchase insurance. The Insurance Research Council (IRC) estimates that approximately 14 percent of American drivers are uninsured. However, the IRC estimates that a much higher 24 percent of Florida drivers are uninsured, which ranks Florida fifth in terms of states with the highest percentage of uninsured drivers.With a high percentage of Floridians driving without insurance and many more only carrying policies that cover the minimum requirements, insurance may not cover all of the medical, rehabilitation or long-term care bills for injuries that result from an accident. After an accident it is important to speak with an experienced personal injury attorney who can help you explore all avenues of compensation for your injuries.
]]>One of the leading causes of boating accidents is people boating while drinking alcohol. In 2010, 330 of the boating accidents were alcohol-related and 126 people died and 300 people sustained serious injuries in those accidents. Alcohol consumption is not only dangerous for the operator of the watercraft; it can be hazardous for passengers, too. Intoxicated passengers run the risk of falling off the side of the boat and drowning.
Other common causes of boating accidents include:
Tip for Safe Boating
Those going boating can follow a few simple safety precautions to prevent their day of fun on the water from turning into a tragedy:
Boating is supposed to be relaxing and enjoyable, but sometimes people make poor choices and cause accidents. By taking a few simple precautions, however, more people can ensure that they do not turn their fun day into a boating accident statistic.
]]>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.
]]> Previous Slip and Fall BurdenA 2001 Florida Supreme Court case, Owens v. Publix Supermarkets, Inc, created a new standard of proof for slip-and-fall cases. Prior to Owens, the victim had to show that the business establishment had knowledge of the unsafe condition, and failed to fix it. However in Owens, the Court eliminated this requirement, and simply stated that the unsafe condition itself created the presumption that the store did not maintain the premises in a reasonably safe condition.
Moreover, in response to Owens, the Florida Legislature adopted a slip-and-fall statute in 2002 that stated, "actual or constructive notice of the transitory foreign object or substance is not a required element of proof to this claim." This statutory language was also inconsistent with the law prior to Owens.
New Increased Burden
The standard set out in Owens, and codified in statute, continued until 2010 when the Legislature passed another slip-and-fall statute expressly repealing the prior statute. The goal of the Legislature was to make the new law similar to the law pre-Owens, and currently provides that the "injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition."
Plaintiffs must now be able to show that the business had actual or constructive knowledge of the condition. Plaintiffs can prove constructive knowledge by showing either (1) that the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or (2) that the condition occurred with regularity and was therefore foreseeable. Either way, this is an increased burden for the victim. Therefore, if you are a victim of a slip-and-fall accident, it is important to contact an experienced personal injury attorney to discuss your case and to assist in navigating the complex and possibly changing slip-and-fall laws.
]]>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.
]]> On average, someone is killed every 50 minutes or injured every minute by a drunk driver. Experts determined that the cost of the financial impact of drunk driving on taxpayers and on federal and state governments was approximately $51 billion each year.In Florida, drunk and other impaired driver accident victims can seek recovery for their pain and suffering. Injured persons or their loved ones may also be entitled to damages for lost wages, medical expenses and even burial expenses. In some cases, parties can obtain punitive damages where gross and flagrant reckless disregard or a lack of care of the driver can be proven.
Drunk driving is a serious public safety and health issue, and the problem is on the rise. For victims of drunk drivers, it is important to know that you have rights and are entitled to compensation for the damages you have sustained. Speak to a personal injury attorney to discuss your legal options and help you protect your rights.
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