The Blog

The Florida Highway Patrol (FHP) has announced a new safety program called Ticketing Aggressive Cars and Trucks (TACT) under which they will be attempting to reduce crashes and injuries involving commercial vehicles. The program includes outreach and targeted enforcement. 88% of the time, fatal crashes involving large commercial trucks are caused by driver error, as opposed to vehicle defects or …

According to a 1997 NHTSA study, when people over 65 made up 9% of the population, they accounted for 14% of the traffic fatalities. According to USA Today, analysts predict that by 2030 people over 65 will be involved in 25% of all traffic fatalities. This is partially due to the fact that the older population is growing faster than …

States across the U.S. have passed various types of bans on texting and cellphone use while driving. 14 states (not including Florida), plus D.C., Puerto Rico, Guam, and the U.S. Virgin Islands have banned hand-held cell phone usage and have made it a primary enforcement law so that officers can cite you for this alone. In those states, you have …

Taxicab drivers are employees of the taxi company for which they drive. The taxi company generally insures both the employee and the vehicle. If the driver is injured on the job, he or she can make a workers’ compensation claim. If he or she gets into an accident, the taxi’s insurance policy covers all injured parties or property. This is …

According to studies, 90% of car crashes are caused by human error. Lawmakers, insurers, and manufacturers would like to prevent as many accidents as possible, so as technology marches forward, cars receive more sophisticated automation features. Some popular features include parking assistance, electronic stability control, blind-spot monitors, collision warning systems, and lane departure warning systems. Microchip and software maker, Mobileye, …

We rely on speed limits to keep us safe by regulating the flow of traffic and discouraging drivers from traveling at dangerous speeds. Unfortunately, however, speed limits alone cannot prevent all car accidents. This is because, while speed limits have a limiting effect upon the speeds at which individuals drive, they do not regulate or anticipate all the forms of …

There is good news for Florida’s drivers: Truck crash avoidance technology may soon be available.  Installation of collision avoidance and mitigation braking technology in new trucks and buses rated at 10, 000 pounds or more GVW may soon be required by the National Traffic Safety Administration (NHTSA). The new technology, termed “F-CAM” systems, is expected to significantly decrease truck-related crashes. …

In Florida, the resolution of a personal injury or wrongful death claim takes on an additional degree of complexity when the individual harmed is a minor. This complexity takes the form of additional procedural requirements imposed by state law. A personal injury claim arises when one is injured by the carelessness, recklessness, or the intentionally wrongful act of another. A …

Deciding whether to accept an insurance company settlement in the wake of a car accident depends on several factors, some of which are directly related to the laws of the state in which the accident occurred.  Some states allow car accident victims more leeway in the settlement process, while other states limit and regulate it. In Florida, there are two …

If you have been seriously injured in a car accident in the state of Florida and have received an inadequate settlement offer from your own car insurance provider, it may be in your interest to reject the offer and instead file a lawsuit against the at-fault driver and his or her insurer. Doing so, with the assistance of an experienced …

The Frye Standard In 1923, the case of Frye v. United States, 293 F. 1013, set the standard for when scientific evidence would be allowed into federal courts. The Court gave two ways that expert witnesses could offer such evidence. For “new or novel” scientific principles or discoveries, they “must be sufficiently established to have gained general acceptance in the …

Responding to Emergencies Let’s say that while driving on the highway you witness a traffic collision. You pull over and see that the victim is trapped inside his car and his car is leaking gasoline. Others have pulled over, as well. Perhaps someone has already called 9-1-1. Yet no one has made a move to rescue the trapped man. What …

When a person has become a victim of crime in a place where the property owner’s security measures should have prevented such crime, the property owner may be guilty of “negligent (or inadequate) security.” The tort of negligent security stems from the ancient legal concept of “premises liability,” which means simply that the owner of a premises owes a certain …

Under Florida Statute 744.387, parents may not settle personal injury claims larger than $15, 000 on their children’s behalf without first getting court approval. In order to get the court’s approval, the parent files a Petition for Approval of Settlement. The petition tells the circumstances that led to the child’s personal injury, the relative fault and liability of the parties, …

Summer is a time to enjoy warm nights and to spend time celebrating with friends and family. While food, fun, and fireworks can make up a memorable night, fireworks can come with their own risks. Even though the number of large-scale fireworks-related injuries is fairly low, the majority of injuries result from home use. In fact, in 2014 alone it …

When an individual gets sick, it is only natural to seek to remedy the illness. Unfortunately, an individual who goes to a healthcare provider may come out suffering from more than what he or she went in with. In a fair number of cases, this can be due to the fault of the healthcare professional making an error in diagnosing …