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Powell, Powell & Powell, P.A.

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Archive: 2017

What Does Florida’s “No Fault” Insurance Law Mean for Your Car Accident Claim?

Florida is among the limited number of states that has a “no fault” insurance law. Under this law, all vehicle owners are required to carry a minimum amount of insurance coverage, known as Personal Injury Protection (or “PIP). When a driver who has PIP coverage suffers physical injuries in an accident, he or she must rely exclusively on this PIP coverage unless an exception applies. Since the law provides for “no fault” compensation, insurers must provide PIP coverage regardless of who was at fault in their policyholder’s accident.

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Auto Accidents Increase During the Holiday Season

The holiday season is a time to enjoy time with family and reflect on the year that was, but it is also a time to exercise extra care on the roads. According to Florida’s Integrated Report Exchange System (FIRES), there are more auto accidents in Florida during the holiday season than any other time of year.

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Proposed Texting-While-Driving Bans Die in Florida Legislature

Earlier this year, we discussed two proposed laws, House Bill 47 and House Bill 69, that would have made it a primary offense to text and drive in Florida. Under existing state law, texting while driving is a secondary offense, which means that it is against the law, but the police cannot stop a driver solely because he or she is texting behind the wheel.

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Seeking Compensation for Bone Fractures from Motorcycle Accidents

Even for motorcycle riders who strictly adhere to the “all the gear, all the time” mantra, collisions with other vehicles present a severe risk for broken bones. The impact forces from hitting the road or another object and the crushing forces from being pinned under a motorcycle can easily exceed what the body can sustain, and riders of all ages, abilities and fitness levels are at risk for fractures when they go down.

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Seeking Financial Compensation After a Weather-Related Auto Accident in the Florida Panhandle

With the 2017 Atlantic hurricane season bringing an “above-normal” level of storm activity to the Gulf region, drivers in northwest Florida need to be prepared for the worst. Heavy rains and strong winds can create treacherous conditions, and reckless driving and careless mistakes can easily have severe consequences in bad weather.

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New Florida Law Enhances Insurance Requirements for Uber and Lyft Drivers

On May 9, Florida Governor Rick Scott signed a new law that requires ridesharing drivers to carry insurance above and beyond the state’s standard minimum requirements, and that requires ridesharing companies to perform background checks on drivers operating in the state. Known as the “Uber / Lyft Bill,” the law also requires ridesharing companies to adopt “zero-tolerance” policies on drug and alcohol use, and to promptly suspend any drivers suspected of driving under the influence pending an investigation.

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Summer Driving Risks and Accident Liability in the Florida Panhandle

While car accidents are a risk year-round, summer presents certain additional risk factors for drivers and passengers in the Florida Panhandle. From out-of-state vacationers to drunk partiers and even late-evening sun glare, there are a variety of summer-related issues that increase local residents’ and visitors’ risk of being seriously injured in a vehicle collision.

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5 Important Considerations for Settling an Auto Accident Claim

When is it time to settle? This is an important question, and one that is not nearly as straightforward as it initially seems. Protecting your rights after an auto accident can be challenging, especially if you have suffered a serious injury; and, while it is natural to want to resolve your claim as quickly as possible, it is critical not to overlook the fact that securing just compensation may be critical to your financial stability and long-term recovery.

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Spring Break Means Increased Risk for Auto Accidents

A couple of years ago, Time magazine reported the results of a study which found that traffic accidents – and fatal traffic accidents in particular – increase significantly in “spring break hot spots” between February and April. The authors of the study also concluded that, “there was no increase in traffic fatalities in non-spring break destinations,” and that fatality rates in spring break destinations (including various parts of Florida) were particularly high among out-of-state drivers under the age of 25.

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April is Distracted Driving Awareness Month

The National Safety Council (NSC) has designated April as Distracted Driving Awareness Month. Each April for the past several years, the NSC, Florida Highway Safety and Motor Vehicles (FLHSMV) and other agencies around the country have used Distracted Driving Awareness Month as an opportunity to further publicize the risks of texting, using social media and other distractions behind the wheel.

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What Types of Evidence are Available in Car Accident Injury Claims?

When seeking compensation for injuries suffered in a car accident, you need evidence in order to win your case. Legally speaking, as the plaintiff, you need to prove your case by a “preponderance of the evidence.” This means that, if you case went to trial, you would need to convince the judge or jury that it is “more likely than not” that the other driver (or some other third party) was at fault in the accident.

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Third-Party Liability in Single-Vehicle Accidents

When you get injured in a single-vehicle accident, what are your options? You can file a claim for personal injury protection (PIP); but, if your injuries are severe, your medical expenses alone will far exceed the $10,000 minimum coverage limit. If you are like most people, you simply cannot afford to incur a mountain of bills while you miss time from work. You need to find out if other sources of compensation may be available.

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Motorcycle Accidents: What if the Driver Who Hit You Was Uninsured?

Despite the fact that Florida law requires all drivers to carry auto insurance, statistics show that Florida has one of the highest rates of uninsured drivers in the nation. Florida also has one of the highest rates of motorcycle accidents, and this means that far too many riders are finding themselves injured and with limited options for seeking financial compensation.

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Florida Legislators Seeking to Crack Down on Texting-and-Driving

In Florida, texting behind the wheel is what is known as a “secondary offense.” This means that the police cannot pull a driver over because he or she is texting. If a driver is committing another offense (such as speeding) while texting, then the police can issue tickets for both offenses. However, texting alone currently is not enough to get a dangerous driver to the side of the road.

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Can I Seek Compensation if I Was Speeding When My Accident Occurred?

When you are injured in an accident caused by someone else’s negligence, you are entitled to seek financial compensation for your losses. This is the general rule in Florida and other states around the country. Drinking and driving, texting behind the wheel, weaving in and out of traffic, speeding – these are all examples of negligent driving that can support claims for just compensation.

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