Jacksonville Personal Injury Lawyer - Automobile Accidents

Florida House Bill 427 Bad for Small Business

Steve Watrel — Thu, 26 Jan 2012 10:44:15 GMT

The Florida Legislature began its session this month. As usual, the main focus is promoting the agenda of the insurance industry and big business. You would think that at a time where many residents are unemployed or underemployed, our legislators would focus on jobs and stimulating the economy.

One of the many industry-written bills is House Bill 427, named "Civil Remedies Against Insurers." This bill will radically change a long-standing body of law protecting insureds, such as small businesses and individuals, from the "bad faith" conduct of their insurance company when a claim is made against them.

If this bill becomes law, insureds will have no control over how claims against them are handled by their insurance company and will bear all the risk if the insurance company acts in bad faith in the handling of the claim.

Here's an example: Assume a local business in Jacksonville, such as a drycleaner, uses a driver to make deliveries and that driver is speeding, runs a red light, and seriously injures someone causing a million dollar of damages (e.g., trauma center bills, rehab bills, loss of income, etc.). The business owner, who only has a $ 250,000 liability policy, may beg their insurance company to settle the claim to avoid personal liability if the claim is not settled and it goes to a jury trial. If the insurance company says no, and tries to "save some money off the limits," and a jury later finds the claim is worth a million dollars, it's the business owner who will have to pay the $750,000 excess amount, not the insurance company even though the business owner wanted to settle the claim. Basically, if this law is passed, the insurance company is free to gamble with the insured's money and livelihood but has zero consequence if they don't want to settle even though they clearly acted in bad faith.

So, if this bill becomes law, small businesses and individuals will need to buy a heck of a lot more insurance coverage at great expense or risk "losing it all" if a serious injury or death occurs and its their fault. Or, they can cross
their fingers and hope that the no serious claim ever arises.

The current law on bad faith is fair to both insureds and insurance companies and has worked well for many years. The current law has not prevented bad faith, not by a long shot, but it does provide for accountability for those insurance companies that chose to act in bad faith. This is the real reason the insurance industry wants to change the law.

Originally posted at InjuryBoard by Steve Watrel

Florida Enacts "Three Crash" Law To Educate Bad Drivers

Eddie Farah — Wed, 13 Jan 2010 15:16:39 GMT

About 1,000 Floridians should expect to soon be sent back to the classroom because of bad driving.

A new law in Florida mandates that drivers who are at fault for three crash-related moving violations over a three-year period go back to the classroom to refresh their education about the need to drive safely.

At a cost of $548.00, drivers will have to complete a 16-hour educational course within 90 days or face losing their license.

The clock actually began ticking two years ago and those drivers who have had two crash-related violations are being notified. Before the new law was enacted, a 4-hour educational online course was necessary for those committing two accident-related moving violations over a two-year period.

Private driving schools will oversee the education and it is more stringent than the online courses of the past. It includes four hours of behind-the-wheel testing.

"In an effort to make our roads safer, those who display a pattern of poor driving ability or judgment will be required to complete a driver improvement course," DHSMV Executive Director Julie L. Jones said in a news release. "The new law is designed to modify the behavior of some of our worst drivers."

During the 36-month period that ended December 31, 2008, there were 3,277 Florida drivers with three or more at-fault crashes, including drivers from nearly every age group. One driver was at fault in five crashes, while another was convicted of 86 violations.

Just how many accidents do you have to cause to lose your license to drive permanently? #

Originally posted at InjuryBoard by Eddie Farah

Jacksonville Girl Killed In Crosswalk When Light Changed

Eddie Farah — Thu, 24 Dec 2009 00:19:08 GMT

A six-year-old Jacksonville girl didn’t stand a chance when she was hit by an SUV in a Jacksonville crosswalk Saturday morning.

Her mother was pushing a stroller with her five-year-old disabled brother crossing San Jose Boulevard near Kori Road. The three were in the furthest southbound lane when the light turned green and an SUV pulled ahead and hit the little girl, killing her at the scene.

Her 38-year-old mother was hospitalized with non-life threatening injuries including a few broken ribs and a crushed ankle. The brother was not injured.

First Coast News reports that teddy bears and candles have been placed in the area of the traffic pole marking the accident scene.

When Channel 4 tried the crosswalk, that found if you hit the cross button, it gave you 45 seconds before the light turns green. If you didn't hit the button, it gave you 30 seconds, far too short a period of time to cross the busy road.

The driver has not been charged, but his background should make investigators take a second look. Channel 4 found that he has had 15 citations in 13 years. That includes seven speeding tickets, two tickets for failing to stop at a stop sign, and careless driving.

While it is unclear when the family entered the crosswalk, that doesn’t matter. State law says the pedestrian has the right of way the entire time they are in the crosswalk, as long as they entered the crosswalk with the walk light. An attorney for the family says it is clear that the family didn’t have enough time to cross the street.

Federal law states that the red warning sign must flash for every four feet width of the cross walk. That means a 120 foot wide crosswalk must flash for 30 seconds.

While city officials will not say how wide the road is at that location, the family may find that the city is liable for shortchanging pedestrians the proper time it takes to cross the street.

Our condolences go out to the family of the little girl whose life was cut short by what appears to be at the very least, someone’s reckless behavior behind the wheel. #

Originally posted at InjuryBoard by Eddie Farah

Teen Driver Dies One Week After Fatal SUV Crash Kills Mother

Eddie Farah — Sat, 12 Dec 2009 16:04:33 GMT

There seems to be no end to the tragedy suffered by one Jacksonville family.

Last weekend, the family was vacationing in Orlando when their GMC Yukon SUV suddenly lurched forward in a parking lot, ran through a fence, and plunged nine feet down an embankment into a retention pond, where it landed upside down.

“The driver didn’t stop or the vehicle’s brakes didn’t work,” said Trooper Jorge Dedlahoz at the time.

It later was determined that the driver, Ariel King, 14, was trying to park the large vehicle.

Now Ariel has died. Ariel was on life support in an Orlando hospital. The ninth-grader at Darnell-Cookman Middle /Senior High was described by friends as very sweet and smart.

Five people were in the vehicle, two adults and three children at the time of the crash.

Ariel’s mother, Dana King, never made it out of the vehicle. Divers found her some time later. But Ariel, her sister, Brealyn Nesmith, 3, King’s fiance, Brandon Nesmith, and his teenage child, Taylor, managed to get out of the vehicle. Brandon and Taylor suffered minor injuries.

Brealyn remains on life support. Our sincerest condolences go out to the family and friends of Dana and Ariel. Our prayers are with the little girl.

Many feel that Florida should raise the age for obtaining a driving permit from 15 to 16. Thousands of teens are killed or injured in car accidents every year, so raising the age at which teens can get a license would save many lives, according to a report from the Insurance Institute for Highway Safety.

Nationally, the age teens can drive ranges from just over 14 in South Dakota, to 17 in New Jersey. Most states allow teens to drive unsupervised around the age of 16.

Under Florida law, if you receive six points on your driving record with a permit your driving privileges are automatically restricted to business purposes only until your 18^th birthday or one year, which ever happens first.

Some parents decide on their own that they will delay the beginning of driving for their kids because of their level of maturity.

Meanwhile a candlelight vigil was held for the family members this week at the Jacksonville Landing.

Originally posted at InjuryBoard by Eddie Farah

18-Year-Old St. Augustine Woman Killed in Crash

Eddie Farah — Fri, 04 Dec 2009 18:09:00 GMT

Condolences are pouring into the MySpace and Facebook pages of an 18-year-old young woman from St. Augustine, Florida who died earlier this week in a car crash.

Megan Elizabeth Bunn and another teenager were killed Sunday night when the truck they were riding in collided with an ambulance. It all happened on U.S. 1 near The Avenues Mall at about 8:20 p.m. Sunday evening.

Bunn was riding in the middle of the front seat in a friend’s Chevy Silverado, one of five people in the vehicle, none of whom wore seat belts. Suddenly their truck collided with an ambulance when it either pulled in front of the truck or the truck driver ran a red light. The Florida Highway Patrol is unsure at this time, but the ambulance driver says he did not have his lights on and was not speeding because had had dropped off the patient.

Bunn was pronounced dead at Shands Jacksonville. The driver of the truck, Michael Jason Linder, 19, was also pronounced dead at the hospital Monday night. The other front seat passenger, Shyenne Morgan, 17, of Jacksonville was in critical condition at Shands. The two passengers in the rear were in serious condition.

Our prayers go out to the families of the two young people killed. Bunn had left high school in 2006 and was in school to become a nurse. Linder had been arrested for car burglaries in St. Johns County, but hopefully was turning his life around. People say they felt blessed to know her.

Unfortunately, the Florida Highway Patrol responding to the scene said that beer was found in the Silverado. A toxicology test will determine if Linder was drinking.

While we have no idea of the alcohol level involved in this accident, traffic crashes occur every 12 seconds in the U.S. and are the number one cause of death among young adults. If you are 15 to 19, you are more likely to be killed in a car crash than any other way.

Alcohol, distraction and speeding all play a part.

If only the point didn't have to be driven home by the death of these irreplacable young people, but unfortunately, that is more likely to make an impact on survivors and their driving habits than any law or statistic.

Originally posted at InjuryBoard by Eddie Farah

Tougher Driver's License Requirements in North Florida January First

Eddie Farah — Fri, 04 Dec 2009 00:13:24 GMT

Beginning January first, it is not going to be as easy as it has been in the past to renew or replace your driver’s license in the North Florida’s St. Johns County.

It’s all part of the Real ID Act that was passed by Congress on May 11, 2005. Previously the rules were not as stringent, but now residents will have to provide their Social Security number, their identity, and address.

The Act was passed to help prevent fraud and identity theft and to make it more difficult for terrorists to easily assimilate into the general population. Remember 18 of the 19 Saudi nationals that hijacked planes on September 11, 2001, had valid U.S. driver’s licenses.

Here is what you will need to bring with you as a form of identification – a certified U.S. birth certificate (a hospital birth certificate is not acceptable); a valid U.S. passport; a Certification of Naturalization; or a Consular report of birth abroad. You may have to contact the vital statistics department in the state you were born.

For Social Security – bring a Social Security card; or a W-2 form; or a paycheck showing the SS number or a DD-214; or a school record showing the number or lastly any IRS document that shows the Social Security number.

For your residential address you’ll need the address to be on your license or bring a deed, mortgage or Florida voter registration card. The vehicle registration and title will do as well as a W-2 or 1099 form. Also round up a utility bill with your address or a current insurance policy.

If you’ve legally changed your name you’ll need a certificate from the court of a marriage or court order.

St. John’s County officials realize they are going to hear a lot of complaints for the stiffer requirements but the county says its state law was passed to comply with federal law and there is nothing they can do.

36 states will have to be ready to meet the requirement January 1. #

Originally posted at InjuryBoard by Eddie Farah

Supreme Court Lets Stand Ford Explorer $82.6 Million Verdict

Eddie Farah — Tue, 01 Dec 2009 16:37:31 GMT

In 2002, a San Diego woman lost her ability to walk after her Ford Explorer rolled over and its roof collapsed, severing her spine. She was awarded $369 million by jurors who listened to the evidence against Ford.

As frequently happens, a judge and appellate court eventually whittled down the award to $82.6 million.

Monday, the U.S. Supreme Court allowed that judgment to stand, rejecting an appeal from lawyers for Ford Motor Co. They had argued that $55 million in punitive damages was unfair and unconstitutional when you consider that the design of the Ford Explorer met all safety standards set by the government and industry.

It seems that almost weekly we are reporting on Ford Explorer rollovers. It was an Explorer filled with high school students that blew a rear tire sending the vehicle into a rollover that killed four teens on the last day of school in June.

Jurors heard that Ford could have strengthened the roof and avoided catastrophic head injuries for about $20 per vehicle.

Ford was joined by its friends at the U.S. Chamber of Commerce in the appeal. The Chamber usually sides with big business no matter what the issue and no matter how morally questionable the product (asbestos, cigarettes etc).

The Chamber doesn’t want juries to be able to impose punitive punishment on manufacturers. In this case jurors, listening to the evidence decided they wanted to punish Ford for its “conscious disregard” of the safety of its customers.

Luckily the U.S. Supreme Court, the highest court, today refused to hear the appeal of the $55 million in punitive damages.

Maybe to Ford that extra $20 a vehicle doesn’t sound like such a bad investment about now.

Originally posted at InjuryBoard by Eddie Farah

Gov. Crist Supports Texting Ban This Legislative Session

Eddie Farah — Fri, 20 Nov 2009 00:04:32 GMT

Florida Gov. Charlie Crist has come out with a Legislative wish list for 2010.

He clearly stated he is in favor of a ban on texting while driving this year, adding new momentum for the state Legislature to finally adopt some legislation when they meet in the spring.

At a Cabinet meeting the governor even prodded the head of the Department of Highway Safety and Motor Vehicles to also support a ban. But she stopped short of giving her full support. “We support limiting texting and driving” Julie Jones said.

For too long the cell phone industry has had its way with Floridians, but that is beginning to change. Jones told reporters that she senses there is a shifting intolerance in public opinion for texting, largely because of the number of fatal accidents.

While Florida has no officially tally on those who have died from texting while driving, the best estimate is that 15 were killed and 1,400 injured by distracted drivers in 2008. Those estimates are probably low since the Florida Highway Patrol is just beginning to note on accident reports when distractions contribute to an accident.

More than a dozen bills have been filed for consideration this March. Sen. Carey Baker, R-Eustis has filed two of them. “I think this year, something’s going to pass” he said.

Florida this year has a chance to join 14 states and the District of Columbia that already ban texting while driving. It's time for Floridians to move into this next year with a recognition and a resolve to make the roads safer for all of us.

Originally posted at InjuryBoard by Eddie Farah

Party House Mom Facing Two Counts of Manslaughter

Eddie Farah — Sun, 15 Nov 2009 23:01:09 GMT

Her lawyer had argued that Diane Katz Santarelli should not be charged with two counts of manslaughter after hosting an open house drinking party that preceded the death of two teens in an auto crash.

But Friday, St. Johns Circuit Judge Wendy W. Berger, refused to dismiss manslaughter charges against Santarelli, 51, saying her action “set in motion a chain of events” that ended January 11 with the deaths of Jesse Calvin Pitts, 18 and Taylor Rae Brennan, 17.

The two St. Johns County teens were leaving a party at the Santarelli home when friends say they were too drunk to get behind the wheel of a 1991 Ford Thunderbird. With Pitts driving, the car veered off State Road 13 near Orangedale and hit some trees, bursting into flames. Both teens died. Pitts’s blood alcohol level was 0.18, more than twice the legal limit.

Santarelli’s attorney says that allowing someone to leave your home intoxicated does not merit a manslaughter charge, and her defense will be that the kids arrived at her house already intoxicated.

But prosecutors say Santarelli allowed, provided, or encouraged minors to drink alcohol at the house party and smoke marijuana, and they say there were a number of parties held prior to this one with Ms. Santorelli present.

Florida Statute 856 says no person who controls a residence shall allow an open house party to take place where minors, under the age of 21, are consuming alcoholic beverages or drugs. Violators can face up to 6 months in prison, unless there is a death. The law imposes a duty of care on the social host to take some reasonable action to prevent anyone under the age of 21 from drinking.

Santarelli is facing two counts of manslaughter, four counts of hosting an open house party and one count of contributing to the delinquency of a minor.

Her pre-trial date is scheduled for December 1. #

Originally posted at InjuryBoard by Eddie Farah

Florida Tops List For Pedestrian Deaths

Eddie Farah — Sat, 14 Nov 2009 23:53:48 GMT

A 42-year-old St. Augustine, Florida woman was killed Friday night after authorities say she walked in front of a moving car.

Glenadine Harding was crossing Florida 207 when she was hit by a Honda sedan about 6:20 p.m. The driver was identified as Jill E. Scott, 55 of St. Augustine.

In a separate accident about an hour later, a man was hospitalized with life-threatening injuries Friday night after he was hit by a car in Northwest Jacksonville at West Moncrief Road near Raines Avenue, waiting for the traffic to clear when he suddenly darted into traffic where he was hit.

Then on Tuesday, a pedestrian was struck and killed by an SUV at the rain-drenched intersection of North Main Street near 53^rd Street. The Times- Union reports the man’s relative identified him as 51-year old James “Jimbo” Hall who didn’t have a car and walked everywhere he went.

Florida has four of the five most treacherous metropolitan areas for walking and is the most dangerous state in the U.S. for pedestrians.

That is the conclusion of the Pedestrian Danger Index, used when assessing the risk of walking in urban areas. Orlando, Tampa, Miami, and Jacksonville, and their surrounding areas, were the top four hazardous cities, followed by Memphis. The top 10 is rounded out with Raleigh, Louisville, Houston, Birmingham and Atlanta.

According to the Florida Highway Patrol, in 2005 there were 576 pedestrians killed in the state, nearly 8,000 crashes that injured pedestrians and 8,626 pedestrian crashes.

The milder weather of Florida weather encourages people to be outside at least nine months of the year in areas that seem to have automobile-oriented development and high-speed cars.

Nationwide 9,000 pedestrians were killed in collisions with cars in 2007 and 2008. At least 70,000 more were injured. Many of those killed were 15 or younger.

This sort of survey puts the burden on metropolitan planners to design communities where people can walk safely.

The safest metro cities that have taken strollers into consideration are Minneapolis-St. Paul, Boston, New York, Pittsburgh and Seattle. #

Originally posted at InjuryBoard by Eddie Farah