The no-fault insurance for motor vehicles allows that there is “no-fault” when it comes to paying out an auto insurance claim following a car accident under a certain amount. Instead, drivers are required to carry personal injury protection (PIP) coverage, which extends payment for any medical expenses and certain non-medical costs associated with the crash, such as lost wages or replacement benefits (i.e., having someone come help you clean your house while you are unable to do so). All Florida drivers are required to carry a minimum level of PIP benefits in addition to liability insurance requirements. Then if they are involved in a crash, they file a claim with their own auto insurer. The only way they can pursue a claim outside that no-fault system is if the injuries are considered permanent or permanently disfiguring/ scarring or if there is some significant or total loss of an important bodily function. Drivers have to carry at least $10,000 in PIP benefits.

Legislators have decided that in the spring, they will mull a proposal to scrap the no-fault insurance law that has been followed in the state since the 1970s.

The intended purpose of PIP was to offer a base-level of support – particularly for medical expenses – for people who were injured in a Florida car accident, no matter who was at-fault.

However, costs of insurance in recent years have soared, even in the face of state-level reforms passed five years ago to help cushion the added expenses the insurance industry attributes to fraud. Although those measures did reduce the PIP rates by about 14.5 percent between 2013 and 2014, they have unfortunately risen nearly 26 percent between 2015 and 2016.

Industry insiders say there are several reasons for this, including:

• Higher costs for medical treatment.
• Drivers who are traveling greater distances/ more miles on average.
• More motor vehicle crashes.

Drivers in Florida pay the fifth-highest monthly premiums for auto insurance in the country, according to the Office of Insurance Regulation.

The proposed bill to end no-fault insurance in the Sunshine State was introduced by Sen. Jeff Brandes, R-St. Petersburg, who asserts that by moving from a no-fault state to a tort state, the onus to cover the cost of treatment and/or property damage would fall on the driver who was to blame for the crash. Of the 38 tort states, all except one also requires drivers to purchase bodily injury liability insurance. There are some raising questions about how much voters are actually going to save when they have to turn around and buy this other type of coverage. Some of those pushing for repeal want to require drivers to purchase a minimum of $25,000 in bodily injury coverage per persona and $50,000 per occurrence.

Health care organizations urge lawmakers not to repeal, arguing PIP is essential to some 2.6 million residents who don’t have health insurance, should they be involved in a motor vehicle accident.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Lawmakers to weigh costs, benefits of no-fault insurance repeal, Jan. 24, 2017, By Ron Hurtibise, Sun Sentinel

More Blog Entries:

Florida Most Dangerous Place for Pedestrians, Analysis Shows, Jan. 21, 2017, Fort Lauderdale Injury Lawyer Blog

However, there are questions about how effective some of those laws truly are when when Florida has some of the highest rates of accident deaths by motor vehicles – including those involving bicyclists and pedestrians. In 2014, there were 2,494 traffic fatalities in Florida. That’s compared to New York – which has almost the exact same population – which had 1,039. California – which has double Florida’s population – had 3,074 that year. Texas, which is also about double, had 3,538.

Traffic safety experts say the issue is somewhat complicated. It starts with the fact that our roads (as were many in the South) were designed primarily for fast motor vehicle traffic. It continues with the fact that we have year-round nice weather and beautiful beaches and other tourist draws. That means we have far more people on our roads, many of them inexperienced with the area and sometimes on long commutes. There is also the issue of lacking public transportation, which is a major problem in a lot of Florida cities. But another issue is the fact that many of our traffic laws are rather lax.

Let’s start with speed limits. In New York, which despite having roughly the same population as Florida, has less than half the number of traffic fatalities, the speed limit on major busy highways is 55 mph. In Florida, the speed limits is 70 mph. The motor vehicle death rate in New York is 5.3 per 100,000 people. In Florida, it’s 12.5. When it comes to factors in fatal car accidents, the U.S. Department of Transportation reports that speeding was a factor in 28 percent of all motor vehicle accident deaths. It’s consistently ranked as a factor in one-third of all traffic accident fatalities since 2005. “Speeding” is considered not only exceeding the speed limit, but going too fast for the conditions.

Another issue: Distracted driving laws. Florida was one of the last states to outlaw texting and driving (in 2013) and it is one of the few that designates it as a secondary offense. That means cops cannot pull drivers over if they see them violating the law – unless they also see them breaking some other law. On top of that, even if a person is pulled over and cited, the ticket is for a mere $30 for a first-time offense.

FOX 4 recently reported there were 46,000 distracted driving accidents in Florida last year.

Another issue is the lax criminal penalties faced by drivers who hit and kill or injure cyclists and pedestrians. Unless the driver was drunk or tries to flee, he or she is usually only issued a traffic citation. Very rarely will they face jail time. Often the only way for victims to attain accountability is through civil litigation.

Finally, there are motorcycle helmet laws. Of course, these are controversial and state law is clear that a rider’s decision not to wear one won’t affect civil liability if another driver hits a motorcyclist. However, there is ample evidence that helmets do save lives – with riders being 67 percent less likely to suffer a brain injury and 37 percent less likely to die while wearing one.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Driving laws are unsafe in Florida, June 14, 2016, By David Zuhusky, The News-Press

More Blog Entries:

Florida Tractor-Trailer Accident Victim Dies One Year Later, June 14, 2016, Fort Lauderdale Car Accident Lawyer Blog

The Florida Highway Patrol reports the Land O’Lakes man had a nasty exchange with the bikers in the moments before the incident. One of the victims, a 46-year-old Navy veteran, said he feared for his life and the life of his female passenger.

“You don’t know what’s going through his mind,” the victim told 10 News. “Is he going to put the car in reverse? Is he going to turn around? Is he going to stop and pull out a gun?”more

Thankfully, neither motorcyclist was seriously hurt. But plenty of road rage victims in Florida aren’t so lucky. The Washington Post reported last year that fatal road rage incidents have risen ten-fold since 2004. Meanwhile, the NHTSA reports that 66 percent of traffic fatalities are caused by aggressive driving. The AAA Foundation for Traffic Safety reports 8 out 10 drivers surveyed ranked aggressive driving as a “serious” or “extremely serious” risk that threatens their safety. And yet, half of those same drivers surveyed conceded that they exceed neighborhood and highway speed limits and more than a quarter consider speeding (an aggressive driving behavior) acceptable. An estimated 26,000 traffic deaths annually are reportedly the result of road rage and driving.

But the question of whether the act was intentional may be central to the issue of insurance compensation. That’s because while assault and battery are generally causes of action in a civil lawsuit, they are not often covered by insurance. Insurers generally do not cover intentional acts of violence. Every policy is different, of course. If a driver hits and kills another motorist while driving aggressively, that may be payable under the policy. However, a driver who stops the car, gets out and shoots the other driver – those injuries probably won’t be covered.

That doesn’t mean the victim has no recourse. If the act was deemed intentional and the auto insurance company refuses coverage, victims might first of all consider legal action directly against the culprit. Your damages could be paid out of the offender’s pocket. The same could be done if the criminal court orders restitution be paid, though bear in mind, that is not the primary purpose of the criminal court or the goal of prosecutors.

Unfortunately, though, a defendant’s assets or resources may be limited. That could mean that even if you win your case, collecting those damages could be tough.

You may want to consider pursuing compensation from the Florida Crime Victim Compensation fund. Qualified applicants are those who incurred a personal injury or survivors of someone killed as a result of a felony or misdemeanor crime punishable under state or federal laws. Those include those who suffered injury as a result of a DUI and hit-and-run. In order to be eligible, victims must:

• Cooperate fully with law enforcement and prosecutors;
• Suffered a physical, psychiatric or psychological injury or deaths as a result of the crime;
• Report the crime within three days of it occurring (unless there is a justifiable reason for a delay);
• File a claim within one year, or two years maximum (exceptions for minor children);
• Not have contributed to the circumstances of the crime;
• Have been engaged in no unlawful activity at the time of the crime;
• Not be a habitual felony offender, violent offender or adjudicated guilty of a prior forcible felony offense.

Your Florida injury lawyer can help you best determine the smartest route of compensation for your situation.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Habitual traffic offender in Pasco jail after running over motorcyclists, June 1, 2016, WFLA, NBC-8

More Blog Entries:

Report: Bus Company Flouts Its Own Driver Fatigue Safety Rules, June 2, 2016, Florida Injury Lawyer Blog

Now, the family of that victim, Corey Allicock, is suing:

• Uber
• The Uber Driver
• The Deputy

Although investigators did not fault Seminole County Sheriff’s Deputy Scott Sullivan in the crash, witnesses who saw the deputy just before the crash said he was traveling 60 mph on the road. Authorities later revealed he was on his way to an emergency domestic violence call. However, it is undisputed he had not activated his emergency lights and siren. The 73-year-old Uber driver, meanwhile, was cited for running a red light and for causing the young man’s death. He has not driven for Uber since the crash.more

Our Fort Lauderdale Uber accident lawyers know this kind of case is becoming more common, as ride-sharing services have gained popularity. The good news is that insurance coverage for accidents caused by Uber drivers has improved greatly in recent years. As of March 2016, Uber offers the following limits on liability:

• $1 million of liability coverage per incident. Drivers’ liability to third parties is covered from the moment a driver first accepts a trip until that trip’s conclusion.
• $1 million of uninsured/ underinsured motorist bodily injury coverage per incident. So if a passenger is injured by a car accident caused by another driver who lacked insurance or who didn’t have enough insurance, the $1 million UM/ UIM policy will kick in.
• $50,000/ $100,000/ $25,000 coverage between trips. That means if an Uber driver is involved in an accident while he or she is on duty but not actively engaged in transporting or picking up a customer, this coverage would apply. Normally, that driver’s own personal auto insurance would kick in during these times, but Uber offers this additional lawyer of coverage in case it does not. This amount meets or exceeds the minimum requirements for third party liability service in the U.S.

Still in a wrongful death lawsuit, it is possible that damages could exceed $1 million, and that is why it is smart in this case to explore the possibility that more than one driver is at-fault.

Investigators say the young man was on his way home from a holiday party to the condo he shared with his girlfriend. The crash happened at 1:40 a.m., and authorities don’t believe any other drivers saw the actual crash.

The Uber driver suffered serious injuries as well. He had a fairly good track record, having offered some 800 rides from April 2015 to December 2015, and having a customer rating of 4.8 out of 5.

The deputy, meanwhile, suffered a fractured neck. A passenger who was riding with the deputy, a new recruit who was slated to begin working with the agency, also suffered injuries.

Allicock died of a combination of the impact and loss of blood.

Plaintiffs in the case allege negligence by both the Uber driver and the deputy played a role in the crash, and therefore in Allicock’s death.

If you have been injured in a Florida Uber accident, we can help you recover damages.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Crash victim’s family files lawsuit against deputy, Uber driver, April 19, 2016, By Erik Sandoval, News 6/ ClickOrlando.com

More Blog Entries:

Construction of Guardrails on Alligator Alley Faces Criticism, May 6, 2016, Fort Lauderdale Car Accident Lawyer Blog