South Florida Personal Injury Lawyer Blog

Governor Rick Scott has now signed into law the controversial 2012 Personal Injury Protection (PIP) reform bill, creating a new version of Florida's "No-Fault" motor vehicle insurance system.

Now, we all need to fully understand and start living with the new system, which takes effect on July 1st. It's important to remember that this law and the rules that accompany it will not only impact drivers, but also any and all motor vehicle passengers, bicycle riders or pedestrians who become injury victims of car, SUV, truck or motorcycle accidents.

Interestingly enough, although the PIP bill (HB 119) has only just become law and has not taken effect yet, it is already facing stiff opposition from consumer advocates who say it penalizes accident and injury victims and rewards large insurance companies.

And according to the Palm Beach Post, a Miami lawyer is already threatening a legal challenge to the constitutionality of the law, after its final set of provisions are enacted next year.

Meanwhile, the parts of the law that do bring big changes will indeed take effect less than two months from now; making this the right time for Floridians who expect to be riding in motor vehicles after July 1st to get up to speed with what's just down the road.

Continue reading "Staying Up To Speed With Florida's New PIP Auto Insurance Law " »

Motorcycle Safety Awareness Month is here, arriving right on the heels of a sad string of fatal motorcycle accidents occurring all across Florida over the past week - reminders of the harsh reality that compared to other motorists, motorcyclists face far greater risk of serious injury, and death.

In fact, motorcycle accident victims are 25 times more likely to die from their injuries - according to the Insurance Institute For Highway Safety's Report, Fatality Facts 2010 - Motorcycles:

"Motorcycles are less stable and less visible than cars and often have high performance capabilities. When motorcycles crash, their riders lack the protection of an enclosed vehicle, so they're more likely to be injured or killed."

And so the National Highway Traffic Safety Administration (NHTSA) is using the month of May to heighten awareness on all sides of the equation, delivering this core message to all motorists:

"Motorcycles are vehicles with the same rights and privileges as any motor vehicle on the roadway. Motorcycle Safety Awareness Month is a national initiative aimed at getting motorists and motorcyclists to "share the road" with each other."

Continue reading "Good Timing in Florida for Motorcycle Safety Awareness Month" »

Fourteen. Remember the number. Because starting in July, any Floridian injured in a car crash or any kind of motor vehicle accident will have only 14 days to get medical care that will be eligible for maximum coverage by the state's new "no fault" personal injury protection insurance system.

That's because earlier this month in Tallahassee, the severely wounded "PIP" insurance system was put out of its misery once and for all. Only time will tell if car crash and other motor vehicle accident victims will be better off with the new Emergency Care Coverage Law (ECCL!) that's taking its place.

We wrote a while back about the big push by Florida's politicos to pass "PIP reform" legislation this year and make big changes to the system that has been paying up to $10,000 in medical costs for people injured in car and other motor vehicle accidents since its enactment in 1972 - and getting ripped off for countless millions in the process.

The problem with PIP was that over the last forty years, con artists and sophisticated insurance fraud rings ended up taking advantage of the originally well-intentioned system, milking and bilking it for millions in fraudulent claim payments.

Heading into this year there was consensus across party lines in the state legislature that after many years of worsening PIP fraud, we had all become victims, with auto insurance rates steadily skyrocketing out of sight. There was disagreement and debate (hey, it's politics) about how to fix the broken system, but on the very last day of the 2012 legislative session, a compromise reform bill was passed.

Continue reading "Coming In July: New FL Motor Vehicle Personal Injury Protection Insurance System" »

A series of fatal motor vehicle accidents last weekend in South Florida served as a terrible reminder that we and/or our loved ones can suddenly become the victims of motor vehicle injuries and wrongful death, at the most unexpected of moments - even when not riding in or driving a motor vehicle.

All told, a total of 10 people were killed in a 24-hour period from Saturday night, March 17th through Sunday night March 18th.

As reported earlier this week in the Miami Herald:

"Crashes in Broward killed a woman who was seven months pregnant, a 5-year-old girl who was run over as she played outside her home in a toy car, an elderly churchgoer and a 14-year-old skateboarder."

While some have noted that this was Saint Patrick's Day weekend, and therefore alcohol consumption and DUI situations were most likely elevated, the sad truth is that South Florida has long been suffering from similar spates of car accident injuries and wrongful deaths caused by out-of-control motor vehicles and/or drivers.

Continue reading "Worst Of Times For South Florida Motor Vehicle Deaths" »

A horrific series of pileup crashes occurred on Interstate 75 just south of Gainesville, FL last Sunday, January 29th, resulting in 10 deaths and over 20 injuries.

In the aftermath of car & truck accidents, there are always questions about legal liability for injuries and damages suffered by participants and victims. In a large-scale incident like this I-75 pileup, those questions are themselves now piling up.

Was arson a factor in smoke conditions blocking motorists' visibility?

Did the Florida Highway Patrol reopen the roadway too soon?

Are trucking companies responsible for questionable actions of the drivers of two large semi-trailers involved in the crash?

Like the thick smoke from a nearby prairie fire that blanketed a stretch of I-75 in the pre-dawn darkness of January 29th, the confusing array of facts and circumstances in play here are making it hard to clearly see the answers to those and other questions, for now.

Here's what we do know:

Continue reading "Deadly Pileup Crash On FL I-75 Raises Legal Liability Questions " »