Tampa Sinkhole Attorney Blog

What Should I Do If I Am Involved In a Car Accident and the Other Vehicle Leaves the Scene of the Accident?

2013-05-13T08:59:48Z

First and foremost you should call the police immediately and report the car accident. It is important that you gather as much information as possible, so the police may be able to locate the other vehicle.

The most important piece of information you can obtain to assist the police is the other vehicle's license plate number. Additionally, try to make note of the make, model, and color of the vehicle. Attempt to make note of the physical features of the driver that left the scene. Is the driver a male or female? What race is the other driver? What is the hair color of the other driver? Every bit of information you gather may assist the police in locating the other vehicle.

Whatever you do, do not put yourself in harms way. As drivers in Hillsborough, Pinellas, Pasco, Hernando, Marion, Polk and the rest of Central Florida we already know that the roadways are dangerous - do not make them any more dangerous for yourself. Do not attempt to chase the other vehicle - the last thing you need is to be involved in another car accident or cause another car accident. Do not try to stop the other vehicle - just try to gather as much information as possible before the vehicle leaves the scene of the car accident.

Most importantly, if you are injured make sure that you make your well being the number one priority. Contact the emergency medical services and do not do anything that will cause further injury.

Usually, if you are able to obtain the tag number and the police locate the other vehicle you will be able to proceed with the necessary legal actions - both civil and criminal.

If you or a loved one were injured from an accident please contact us at Corless Barfield Trial Group for a free consultation. Let our years of experience get to work for you and your family. Call us today toll free at 877-517-5595.

If I Fall At a Business Should I Report the Fall?

2013-05-10T10:17:45Z

If you are involved in a slip and fall, trip and fall, or any other accident on a business' property should you report the accident? YES, if you are injured it is important to notify the business, so they have a record of the accident occurring. You should insist that the business creates an incident report and documents the accident.

If you do not report the fall / accident, many businesses may deny that the fall / accident ever occurred.

We know that a slip and fall or trip and fall may be embarrassing, however, it is important that you protect yourself and make sure the fall is documented.

]]> If you are injured and need emergency medical treatment make sure you ask that the business call the emergency medical services.

A business has a duty to warn you of know dangers on their property. The business should tell you, put up a sign, put up cones, rope off the area or take any other reasonable means to protect you from dangerous conditions on their property.

Further, it is important to point out the area where you fell and the condition that caused you to fall. We do not recommend that you provide specific details, besides indicating that you fell, that you are injured (if you are indeed injured), and point out where you fell and what caused you to fall. Do not indicate the specifics of your injuries to the business - only indicate that "Yes, I am injured." You are not required to explain what part of your body hurts or how it hurts. Last, do not get into the specifics of how you fell or the mechanics of your fall. Simply indicate that you fell and point out the area and condition that caused the fall.

Florida Legislature Did Not Pass a Bill to Repeal Mandatory PIP / Florida No Fault Insurance Coverage

2013-05-08T09:27:39Z

The 2013 Florida Legislative Session came to a close and the Legislature did not pass a Bill to repeal mandatory PIP / No Fault insurance coverage and replace it with mandatory Bodily Injury Coverage. As a reader of this blog you are aware of the ever changing world of Florida PIP / No Fault insurance coverage.

With the Legislature's failure to address the issue the future of Florida's mandatory PIP / No Fault insurance coverage currently lies with the District Court of Appeals.

Drivers in Hillsborough, Pinellas, Pasco, Hernando, Polk and the rest of Central Florida will have to wait to see how this issue plays out in the Courts. Depending on the findings of the District Court of Appeals, Florida drivers may see drastic changes to their car insurance coverage.

]]> Will these changes be beneficial to a Florida driver involved in a car accident? We will just have to wait and see what the Court decides.

As always, we will keep you updated on this hot button issue. If there are changes to the Florida Law and Florida Car insurance we will be here to let you know and explain how the changes will affect you.

For more information please see the following links:

http://www.flsenate.gov/Session/Bill/2013/7152

http://www.tampabay.com/news/politics/legislature/2013-session-which-bills-passed-which-bills-failed/2119245

Florida Legislature Passes a Ban on Texting While Driving

2013-05-08T09:15:08Z

The Florida Legislature passed a Bill that may make the roadways in Hillsborough, Pinellas, Pasco, Hernando, Marion, Polk and the rest of Central Florida safer. The Florida Legislature passed a Bill that now makes texting while driving illegal.

The Bill makes it illegal to text while driving, however, it makes texting while driving a "secondary offense" - so, what does this mean for the Florida driver? It means that a Police Officer may not stop an individual for texting while driving. The Officer must stop the driver for another traffic violation (speeding, weaving, running a stop sign, etc.), but now if the driver is texting the officer may issue two citations - one for the primary offense and a second for the "secondary offense," texting while driving.

]]> Will this new bill help prevent car accidents? Will this new bill help prevent injuries and save lives? Only time will tell. At minimum it is a start to making our roadways safer.

Remember the Bill does not become a law until the Governor signs it. Lets hope Rick Scott follows the Legislatures lead and takes a step towards make our roadways safer.

For more information please see the following links:

http://www.flsenate.gov/Session/Bill/2013/0052

http://www.tampabay.com/news/politics/legislature/2013-session-which-bills-passed-which-bills-failed/2119245

If I Am Injured In a Car Accident Should I Give a Recorded Statement to the Other Vehicle's Car Insurance Company?

2013-05-03T06:43:11Z

The answer to this question is NEVER. If you are injured as a result of a motor vehicle accident and you are not at fault for the accident, you should never give a recorded statement to the at-fault vehicle's car insurance company without first consulting an attorney.

It is very important to remember that if you are injured as a result of a car accident and you are not at fault; the car insurance company of the at fault party only wants the recorded statement to gather information and build a defense against your injury claim. Your number one concern should be your health and receiving the appropriate medical care to treat your injuries.

]]> If you are injured as a result of a car accident, it is very important that you speak with an attorney as soon as possible. As a driver in Hillsborough, Pinellas, Pasco, Hernando, Marion, Polk or the rest of Central Florida you have important legal rights. A qualified attorney can explain these rights and help protect your legal rights.

Remember; protect yourself and not the car insurance company. Do not provide the car insurance company a recorded statement before you consult an attorney.

Should I Give My Car Insurance Company a Recorded Statement After I Am Involved In a Car Accident?

2013-05-01T06:36:51Z

The simple answer to the question is NO. However, as drivers in Hillsborough, Pinellas, Pasco, Hernando, Marion, Polk and the rest of Central Florida know dealing with a car insurance company is not simple.

In most circumstances if you are involved in a car accident you are required to provide a recorded statement to your car insurance company if requested. Providing a recorded statement is normally a condition written into your car insurance policy. However, you have a right to consult with your attorney before the statement and have your attorney present during the recorded statement.

Additionally, your car insurance company is taking your statement in an attempt to gather facts and make determinations on whether or not to pay your claim. It is very important that if you are injured as a result of a motor vehicle accident that you consult with any attorney before speaking with your car insurance company. Statements made by you to your car insurance company may seem minor at first, but they could turn out to have significant negative consequences on the car insurance coverage you paid for.

]]> For example, lets say you provide your car insurance company a recorded statement within hours of the car accident. You are still under the stress and adrenaline of the accident and you do not feel any immediate pain; during the recorded statement you tell your car insurance company that you are "okay," "fine," or "not injured." Now the adrenaline wears off and you realize that you may have sustained an injury. These minor statements may be used against you in the future and may have an impact on future car insurance payments towards your medical bills.

If you are involved in a motor vehicle accident and you sustained injuries or suspect that you may be injured, do not provide a recorded statement to your insurance company without first consulting an attorney.

Another Unfortunate Pedestrian Fatality on State Road 200 in Marion County

2013-04-26T11:26:53Z

As most drivers in Ocala and Marion County know State Road 200 can be dangerous. Unfortunately, another automobile accident involving a pedestrian fatality occurred on April 24, 2013. This tragic event is another example of how dangerous the roads in Ocala and Marion County can be. The accident on April 24, 2013 is the fourth pedestrian fatality this year in Marion County and the third pedestrian fatality on State Road 200. Surprisingly, all three pedestrian fatalities this year on State Road 200 occurred within one mile of each other.

]]> Our thoughts and prayers go out to all the individuals involved in these tragic car accidents. These unfortunate events serve as a reminder of the importance for pedestrians and drivers in Ocala and Marion County to always be aware of their surroundings and take all appropriate measures to attempt to avoid a tragic auto accident. Pedestrians should remember to wear bright or reflective clothing while walking at night and to only cross roadways at a designated crosswalk (when available). Drivers should remember to be aware of pedestrians and remember that in most circumstances a pedestrian has the right of way. Last, we hope Marion County will take action to help better illuminate areas of State Road 200 and provide more designated crosswalks, sidewalks and pedestrian friendly areas.

For more information please see the following links:

http://www.ocala.com/article/20130425/ARTICLES/130429819/1412?p=1&tc=pg

Will Florida Get Rid of the Mandatory No Fault / PIP Insurance Coverage?

2013-04-26T10:57:35Z

As we previously discussed, Florida No Fault / PIP Insurance may be changing in the near future. To add another wrinkle to the issue the Florida Senate has a pending bill that if passed will repel Florida No Fault / PIP Insurance and require Florida motorist to carry mandatory bodily injury insurance coverage.

What does this mean for drivers in Tampa, St. Petersburg, Ocala, Brooksville, Lakeland and the rest of Central Florida? If passed it means that drivers in Florida will no longer be required to carry the PIP / No Fault insurance, however, you will be required to carry Bodily Injury insurance coverage in the amount of $25,000 per person and $50,000 per accident. The purpose of PIP / No Fault is to provide medical coverage to individuals injured in a motor vehicle accident, regardless of fault - also commonly known as "no fault." Bodily Injury coverage pays for death or serious and permanent injury to others when you are legally liable (i.e. cause the car accident) for those damages. If you cause a motor vehicle accident and you are sued, your car insurance company will provide legal representation.

]]> (For more information on PIP coverage please see or previous blog entry: http://www.czlegal.com/blog/2013/02/pip-florida-no-fault-major-changes-to-florida-automobile-insurance-coming-with-the-new-year.shtml)

(For more information on Bodily Injury coverage please see our previous blog entry: http://www.czlegal.com/blog/2013/03/what-is-bodily-injury-liability-coverage.shtml)

Senate Bill 7152 is currently pending in the Florida Legislature and only time will tell if the bill will pass. We are following the bill closely and will keep you updated as the legislative session progresses. The 2013 Legislative session ends May 3, 2013, so we will know the fate of this bill soon. If you or a loved one were injured from an accident please contact us at Corless Barfield Trial Group for a free consultation. Let our years of experience get to work for you and your family. Call us today toll free at 877-517-5595.

For more information please see the following links:

http://www.flsenate.gov/Session/Bill/2013/7152

More Evidence That We Need to Share the Road With Bicyclists

2013-04-17T16:44:31Z

As we previously discussed, the roadways of Central Florida are dangerous for motorists and bicyclists. As a driver in Tampa, St. Petersburg, Ocala, Brooksville, Lakeland or the rest of Central Florida it is always important to be aware of you surroundings and protect yourself from a car accident.

As we know and have previously talked about, bicyclists are traffic too and we need to share the roadway. Additionally, bicyclists are required to obey the same traffic laws as cars and other motor vehicles. Further, bicyclists should take additional steps to protect themselves and make themselves more visible to motor vehicle traffic.

]]> However, the responsibility also lies on the driver of a motor vehicle to keep a look out for bicyclists. After all bicyclists are "traffic too" and we need to make sure we "share the road" with bicyclists.

Why do we bring this up again, because according to the National Highway Traffic Safety Administration (NHTSA), Florida has the highest rate of bicycle / pedalcycle traffic accident fatalities in the United States. According to NHTSA, in 2010 Florida had 4.40 bicyclist / pedalcyclist traffic accident fatalities per one million in population. That means for each one million people in the State of Florida 4.40 of them die from a bicyclist / pedalcyclist traffic accident. The rate of bicycle / pedalcycle traffic accident fatalities in Florida is more than double the national average of 2.00 bicyclist / pedalcyclist traffic accident fatalities per one million in population.

With the price of gas continuing to increase and the use of alternative vehicles, such as bicycles, on the rise we should only expect this number to increase, unless we take steps to protect our fellow motorists and ourselves. Remember to "share the road."

For more information please see the following links:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.2065.html

http://www.nhtsa.gov/Bicycles

www.flhsmv.gov/hsmvdocs/CS2010.pdf

http://www.bicyclinginfo.org/

Tips to Help Prevent Drunk Driving

2013-04-15T16:40:53Z

We previously discussed the devastating effects a drunk driver can have on one's life. Unfortunately car accidents involving a drunk driver occur with regularity in Tampa Bay. Car accidents involving death and/or injury at the hands of a drunk driver in Hillsborough, Pinellas, Pasco, Hernando, Polk and the rest of Florida can be prevented. It is important as a Florida driver that you take whatever steps you can to prevent drunk driving.

Here are a few simple tips to follow that may help prevent a tragic accident:

]]>

Prior to any drinking, designate a sober driver within your group.

If you do not have a sober driver, make sure you make arrangements for transportation.

If your destination is within walking distance - walk, do not drive.

If you have been drinking alcohol, do not drive. Get a ride home or call a taxi.

Don't let your friends drive drunk. We all remember the slogan. "Friends don't let friends drive drunk."

If you and your friends plan on consuming alcohol, remember to plan ahead

A taxi is always cheaper than a DUI

For more information please see the following links:

http://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html#prevention

What Do I Do If I Am In A Car Accident With A Suspected Drunk Driver?

2013-04-12T16:19:26Z

The simple answer to this question is - call the police immediately. However, dealing with a car accident in Tampa Bay or the rest of Florida is not always that simple.

First and foremost you need to protect yourself and your family. After an accident make sure you and any passengers in your vehicle are safe. Make sure that you are no longer in harms way.

Second, call 911 and report the accident. While on the phone with the emergency services make sure to provide the operator with as much information as possible about the suspected drunk driver. A drunk driver may attempt to leave the scene of the accident and it is important that the legal authorities have as much identifying information as possible. Do your best to provide the 911 operator with the make, model, and color of the drunk driver's vehicle. Attempt to obtain the tag / license plate number of the drunk driver and provide the information to the 911 operator.

]]> Third, cooperate with law enforcement. It is important that you are able to identify the suspected drunk driver. If prosecuted, the State Attorney must prove that the drunk driver was driving the vehicle or in actual physical control of the vehicle. Since the police officer did not witness the accident and did not see the drunk driver driving their vehicle, it will be your responsibility to identify the drunk driver as the one behind the wheel at the time of the accident. If possible, it is important that you get a good look at the drunk driver and identify the drunk driver to the police officer.

Remember, that the most important thing to do is to protect yourself and not put yourself in harms way. Do not put yourself in any dangerous situations. If you are injured and need medical attention, caring for yourself should become your number one concern. Additionally, report all pain and problems that you are experiencing at the scene of the accident to the emergency medical services and the police officers.

Victim of Drunk Driving?

2013-04-10T16:16:13Z

Drunk driving is a huge problem in Florida. A car accident caused by a drunk driver can be devastating or even fatal. Over the next few months we will discuss drinking and driving and what to do if you are involved in a car accident with a drunk driver. For today we want to inform Tampa Bay and Florida drivers of some of the alarming statistics associated with drunk driving.

According to the United States Center for Disease Control (CDC) approximately 30 people in the United States die everyday in motor vehicle crashes that involve alcohol-impaired drivers. The CDC estimates that one in three fatal motor vehicle accidents involve a drunk driver. These numbers are astounding but not surprising, because the CDC estimated that impaired drivers got behind the wheel and drove approximately 112 million times in 2010.

]]> According to the Florida Department of Highway Safety and Motor Vehicles in 2009 Hillsborough County had 62 alcohol related motor vehicle accident fatalities. In 2009 Pinellas County had 45 alcohol related motor vehicle accident fatalities. In 2009 Pasco County had had 28 alcohol related motor vehicle accident fatalities. In 2009 Hernando County had 9 alcohol related motor vehicle accident fatalities. In 2009 Polk County had 33 alcohol related motor vehicle accident fatalities.

These numbers are outrageous and only include alcohol related motor vehicle accident fatalities. The numbers do not include alcohol related motor vehicle accidents with injuries. Drunk driving should not be tolerated. Report suspicious drivers and never allow a friend or loved one to get behind the wheel of a car when they had too much alcohol to drink.

For more information please see the following links:

http://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html

http://www.dmvflorida.org/florida-dui.shtml

http://www.flhsmv.gov/html/2009Rate.pdf

What's Happening to Florida's PIP / No Fault Law? - Part 3

2013-04-08T16:13:45Z

As we previously discussed a Leon County Circuit Court Judge found the new Florida PIP / No Fault Law unconstitutional and entered an injunction against the law. The Florida Office of Insurance Regulation filed a Notice of Appeal which stays the injunction entered by the Court - meaning the injunction will not be implemented until the Appeals Court makes a decision on the Leon County Circuit Judge's ruling.

The question now is: What is going to happen to Florida's PIP / No Fault Law if the Appeals Court agrees with the Circuit Court Judge and finds the law to be unconstitutional? The answer is not simple, if the PIP / No Fault Law is found to be unconstitutional drivers in Tampa, St. Petersburg, Ocala, Brooksville, Lakeland and the rest of Central Florida will see major changes to their insurance coverage - in our opinion the changes will be beneficial to Florida Drivers and Florida Consumers. We now move on to a third issue Florida Drivers may encounter if the Florida PIP / No Fault Law is found to be unconstitutional.

]]> Many Florida Drivers and Florida Consumers are not aware that the new PIP / No Fault Law eliminated repayment for medical care rendered by a licensed massage therapist or a licensed acupuncturist.

If the Appeals Court finds the Florida PIP / No Fault Law to be unconstitutional Florida Drivers injured as a result of an auto accident will now be able to receive medical care from a licensed massage therapist and/or licensed acupuncturist and their PIP / No Fault car insurance will pay for 80% of the cost.

This would be a major benefit to Florida Drivers and Florida Consumers, because many people injured as a result of an auto accident find massage therapy and/or acupuncture to be a helpful tool in their recovery. Additionally, many medical experts will tell you that massage therapy and/or acupuncture in combination with other medical therapies can be very beneficial in helping individuals recover from certain injuries caused by a motor vehicle accident.

For more information please see the following links:

http://floridajusticeassociation.us5.list-manage.com/track/click?u=83ec68578d1678180420d5a0c&id=539e2aac70&e=10eac5c94b

http://articles.sun-sentinel.com/2013-03-20/news/fl-court-blocks-pip-reform-20130320_1_personal-injury-protection-injury-coverage-large-insurers

http://blogs.orlandosentinel.com/news_politics/2013/03/court-temporarily-strikes-part-of-pip-law.html

http://www.thefloridacurrent.com/article.cfm?id=32077361

http://www.palmbeachpost.com/news/business/judge-grants-injunction-against-state-pip-insuranc/nWydX/

What's Happening to Florida's PIP / No Fault Law? - Part 2

2013-04-06T04:43:56Z

The question now is: What is going to happen to Florida's PIP / No Fault Law if the Appeals Court agrees with the Circuit Court Judge and finds the law to be unconstitutional? The answer is not simple, if the PIP / No Fault Law is found to be unconstitutional drivers in Tampa, St. Petersburg, Ocala, Brooksville, Lakeland and the rest of Central Florida will see major changes to their insurance coverage - in our opinion the changes will be beneficial to Florida Drivers and Florida Consumers. We now move on to a second issue Florida Drivers may encounter if the Appeals Court finds Florida PIP / No Fault Law to be unconstitutional.

]]> If the Appeals Court finds the Florida PIP / No Fault Law to be unconstitutional Florida Drivers injured as a result of an auto accident will not be required to seek medical attention within fourteen (14) days of the accident. Under the current PIP / No Fault law if you are injured as a result of a motor vehicle accident you are required to seek medical attention within fourteen (14) days of the auto accident or you will lose your PIP / No Fault Insurance benefits (for more information please see the prior blog post: PIP / Florida No Fault Major Changes to Florida Automobile Insurance Coming with the New Year).

This would be a major benefit to Florida Drivers and Florida Consumers, because most medical experts will tell you that certain injuries from a motor vehicle accident take time develop and continue to get worse and progress over time. Additionally, we all know how difficult it can be to get a timely appointment with your medical care provider. The removal of the fourteen (14) day condition will eliminate these concerns.

For more information please see the following links:

http://floridajusticeassociation.us5.list-manage.com/track/click?u=83ec68578d1678180420d5a0c&id=539e2aac70&e=10eac5c94b

http://articles.sun-sentinel.com/2013-03-20/news/fl-court-blocks-pip-reform-20130320_1_personal-injury-protection-injury-coverage-large-insurers

What's Happening to Florida's PIP / No Fault Law? - Part 1

2013-04-04T04:40:42Z

]]> If the PIP / No Fault Law is found to be unconstitutional drivers in Tampa, St. Petersburg, Ocala, Brooksville, Lakeland and the rest of Central Florida will see major changes to their insurance coverage - in our opinion the changes will be beneficial to Florida Drivers and Florida Consumers.

The first change will be the elimination of the need for an injury from a car accident to be determined as an "emergency medical condition" to receive your full $10,000.00 in PIP / No Fault benefits. Under the current Florida PIP / No Fault Law you may receive benefits up to ten thousand dollars ($10,000.00) if your injury from the motor vehicle accident is determined to be an emergency medical condition. However, if you are not diagnosed with an emergency medical condition your PIP benefit limit is only two thousand five hundred dollars ($2,500.00). For more information please see the prior blog post: PIP / Florida No Fault Major Changes to Florida Automobile Insurance Coming with the New Year).

If the Appeals Court finds the current PIP / No Fault Law to be unconstitutional and you are injured in a motor vehicle accident your PIP / No Fault insurance benefits will remain at $10,000.00. Your benefits will not be reduced to $2,500 if you are not found to have an "emergency medical condition". Basically, the PIP / No Fault Law will revert back to the pre-2013 version of the law.

For more information please see the following links:

http://floridajusticeassociation.us5.list-manage.com/track/click?u=83ec68578d1678180420d5a0c&id=539e2aac70&e=10eac5c94b

http://articles.sun-sentinel.com/2013-03-20/news/fl-court-blocks-pip-reform-20130320_1_personal-injury-protection-injury-coverage-large-insurers