Car Accidents

October 12, 2013

Texting While Driving Ban Goes Into Effect In Florida.

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.

August 30, 2013

According To New Report, Florida Teens Delaying Licensure A Cause For Concern.

by Gerson & Schwartz, P.A.

According to a recent press release published by the AAA Foundation For Traffic Safety (“Foundation”), an increasing number of American teenagers are delaying getting a driver’s license until their eighteenth birthday. The report estimates that half of teens obtain their license within twelve months of their respective state’s minimum age and only fifty-four percent become licensed before their eighteenth birthday. These numbers are in stark contract to twenty years ago when more than two-thirds of teens were licensed by their eighteenth birthday.

According to some safety experts, the delay in licensing is cause for concern as these teen drivers do not have to complete graduated drivers licensing (“GDL”) programs. GDL programs are designed to gradually introduce teens to driving by phasing in different driving privileges over time, such as:

Minimum age of sixteen to obtain a learner’s permit.

August 27, 2013

Car Accident in Miami Dade

by Gerson & Schwartz, P.A.

Miami Dade Community College was the site of a deadly car crash, and subsequent fire which left one person dead and several others seriously injured. The site of the incident was 6300 NW 7th Ave, the Liberty City Campus for Miami Dade College. As a silver vehicle spun out of control yesterday, it made its way into the Carrie P. Meek Entrepreneurial Education Center. Almost immediately, the silver car caught on fire and dramatically went up in smoke. Onlookers nearly lost their lives, while waiting for the bus close to the accident scene.

According to witnesses, the car, a silver Lincoln, was going so fast that the driver was unable to gain control of the car before crashing into the building, hitting several innocent victims. One individual has been pronounced dead and others were transported to Ryder Trauma Center at Jackson Memorial Hospital. This hit and run accident, resulted in the driver fleeing the scene of the crime, initially, but he was later caught by police and taken to the hospital, as well.

Car accident attorneys at Gerson & Schwartz, PA have over forty years of experience handling personal injury cases where catastrophic injuries or death are the unfortunate result of driver negligence. Especially, in a case where there is a hit and run, qualified professional lawyers are critical for a fair outcome for victims or their families. Attorney’s fees are never paid until a case has been settled or tried in court and won on behalf of innocent victims. Proper protocol with insurance companies and responsible parties for an accident are followed precisely according to the legal guidelines defined by the state, whenever Gerson & Schwartz is handling a case.

August 21, 2013

Florida Appeals Court Decision Demonstrates Application Of Comparative Negligence Doctrine

by Gerson & Schwartz, P.A.

Last month, Florida’s Fourth District Court of Appeals issued a decision in the case of Disla v. Blanco, demonstrating how the application of the state’s comparative negligence doctrine can have a dramatic impact on a plaintiff’s recovery for injuries suffered in a car accident.

In Disla, the plaintiff, Mayuris Disla, was injured in a car accident when the defendant, Joseph Blanco, had a seizure and lost control of the vehicle while driving Disla home. In the ensuing crash, Disla suffered a broken neck which later required cervical fusion surgery. Disla sued Blanco for negligence, and following a trial, the jury found both parties to be the legal cause of damage to Disla, but apportioned 90% of the fault to Disla for failing to wear her seatbelt. The jury awarded Disla total damages of $205,325, which was reduced by the allocation of fault and PIP benefits to $10,532.50.

As this blog has discussed before, there are two doctrines under which the allocation of fault in a tort case can affect the recovery of damages. The first, referred to as “contributory negligence” has, for the most part, fallen by the wayside and is only still followed in five jurisdictions in the United States.

August 15, 2013

Carnegie Mellon Study Concludes That Talking On A Cell Phone Does Not Affect Ability To Drive

by Gerson & Schwartz, P.A.

According to a recently released study entitled “Driving under the (Cellular) Influence” conducted by Carnegie Mellon University and the London School of Economics and Political Science, the use of a cell phone while operating a vehicle does not correlate with a higher risk of causing a car accident.

The study sought to reconcile the conclusion that talking on a cell phone while driving increased the risk of crash with the fact that, although cell phone use has increased over the past few decades, the number of car crashes per mile traveled in the United States has decreased. The study gathered data from an unnamed cell phone provider which demonstrated a more than seven percent increase in call volume after 9 p.m., due to usage plans that offered free nights.

These figures were then compared to the rate of car accidents occurring before and after 9 p.m. Based on crash data gathered on eight million accidents in nine states and all fatal crashes across the nation, the study concluded that there was no correlation between cell usage during driving and incidence of car accidents.

August 7, 2013

Car Crashes Off Interstate

by Gerson & Schwartz, P.A.

Early Saturday, August 3 2013, morning a car heading northbound on interstate 95 crashed over the side of the elevated highway according to NBC Miami. When fire rescue arrived at the scene they had to pull one woman from the wreckage that landed in nearby trees. The other woman tragically had already died after being thrown from the car. Apparently, the car spun out of control after slamming into the median and continued on a trajectory that flung the car over the edge of the interstate. Although the exact cause of the accident is unknown, it is currently being investigated by the Highway Patrol.

Unfortunately, horrible car accidents like this one occur all too often. If you or a loved one is involved in an accident, no matter how severe, you can count on accident attorneys Philip M. Gerson, Edward S. Schwartz and Nicholas I Gerson to help you through the legal ramifications. They are experts in personal injury cases with specialization in car accidents as well as maritime law. It is always best to operate a vehicle while completely sober and to stay focused on the road. Checking in all of your mirrors frequently will keep you aware of your surroundings should another car with a dangerous driver approach your driving path. Being aware of other drivers’ around you is imperative to driving defensively and may save your life.

Always have an escape route planned. This way if a dangerous driver is close to hitting your car, you can quickly and easily move out of harm’s way. Often times, driving in the center lane is a good solution for this as it allows for lateral movement in either direction.

July 27, 2013

Florida Supreme Court Addresses Prerequisites To Coverage Under Personal Injury Protection Insurance System

by Gerson & Schwartz, P.A.

As this blog has previously discussed on several occasions, Florida is one of twelve states that has adopted a “no fault” insurance scheme. Florida’s system requires motorists involved in auto accidents to submit claims for compensation to their own insurance company, regardless of which party is at fault for the accident.

Florida has further mandated that motorists must carry a minimum of $10,000 of personal injury protection (“PIP”) insurance which covers medical treatment and other economic damages that might arise from a motor vehicle accident up to 80% of medical bills, 60% of lost wages, and a $5,000 death benefit.

Florida’s PIP system has been the subject of much scrutiny over the last year as lawmakers continue to tinker with its provisions through new legislation. The PIP system is intended to provide benefits for to those injured in automobile accidents in an expedited manner. Recently, the Florida Supreme Court issued a decision in Nunez v. Geico holding that the placement of certain obstacles to obtaining recovery by insurers frustrates the purpose of the PIP system and are therefore unlawful.

In Nunez, Merly Nunez was injured in a car accident in September 2008 and sought PIP benefits from her insurance company, Geico. Geico denied Nunez coverage, claiming that she had to submit to an examination under oath, as required by her policy, prior to seeking treatment. Nunez sued Geico in a class action, arguing that Geico’s examination requirement violated Florida’s PIP statute.

After the federal district court dismissed the lawsuit, Nunez appealed to the 11th Circuit U.S. Court of Appeals, which certified the issue for resolution by the Florida Supreme Court. Before the Florida Supreme Court could decide the case, Governor Rick Scott signed into law amendments to the PIP statute that required any individual seeking benefits to comply with the terms of his or her insurance policy, including an examination under oath requirement. However, according to the Supreme Court, because Nunez’s policy with Geico was issued in 2008 and the accident was in 2008, the amendments to the PIP statute were inapplicable to Nunez’s case.
In ruling that Geico’s policy violated the provisions of the PIP statute, the Court recognized that the statute’s stated purpose is to provide for “swift and virtually automatic payment” to those eligible for PIP benefits and Geico’s examination requirement clearly frustrated that purpose by preventing Nunez from recovering in a “swift and virtually automatic” way.

If you or someone you know has been injured in a car accident you may need legal representation to protect your right to compensation. It is imperative that it your claim be evaluated by an experienced personal injury attorney as soon as possible after the accident to preserve your right to compensation.