Automobile insurance laws in Florida require the owner of a vehicle to have a certain amount of personal injury protection. Fla. Stat. § 627.736. Personal injury protection provides compensation to you in the event you are in an accident. The minimum amount of personal injury coverage required by law is $10,000.00 Fla. Stat. § 627.736, but you can purchase higher amounts of insurance that covers medical, surgical, funeral, and disability benefits regardless of fault. This is known as no-fault insurance. Fla. Stat. § 627.731.
Throughout most of the United States, auto insurance functions under a traditional fault-based system. Insurance companies make payments based on each person’s degree of fault in a particular motor vehicle accident. However, long, drawn out court battles are often required to determine who is at fault in many cases. In an attempt to cut down on this problem, thirteen states (Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Utah, and Colorado) have adopted no-fault insurance laws- also called personal injury protection or PIP.
Under Florida’s no-fault insurance statute, if you are hurt in an accident, your insurance automatically will pay 80% of your reasonable medical expenses related to injuries sustained in the accident and 60% of your lost earnings subject to the limits of the no-fault coverage and any applicable deductible (or up to the specified policy limit) regardless of who caused the accident.
If you are a family member, no-fault insurance also covers relatives in your household who do not have their own no-fault policy. Personal Injury Protection benefits can be paid by your policy even if family members are passengers in another person’s car or pedestrians when they are hurt. In the event that you cause damage to someone else’s property, no-fault insurance will pay up to a predetermined limit for damages your vehicle does to other people’s tangible property such as buildings, trees, road signs, etc, and will pay to repair or replace other vehicles, but only if the vehicles were properly parked.
In the instance you are killed in a car accident, no-fault pays survivor’s benefits, which is income which you would have provided to your family. These benefits are usually limited to a maximum amount per month for a set amount of time. Your policy will not pay benefits if you are the owner or registrant of an uninsured motor vehicle that was involved in an accident. Therefore, it is important that you have insurance coverage on all vehicles that you own.
Many people commonly believe that if they meet the requirements under Florida law then they have full coverage. As the descriptions of the different categories of automobile insurance below indicate, the Florida requirements constitute a very bare minimum and rarely do they adequately protect persons involved in automobile accidents. The statutory minimum alone does not constitute full coverage. Uninsured motorist coverage, essential coverage, including bodily injury coverage, and collision are not required by Florida law.
Limits to No-Fault Insurance
Drivers should be aware that no-fault insurance has several limitations. These are a few things which no-fault insurance generally does not pay for: repairs to your vehicle after an accident no matter whose fault it was; repairs to another person’s vehicle after an accident, no matter whose fault it was, unless the vehicle was properly parked; and costs for replacement of your vehicle if it was stolen.
In order to receive a guaranteed payment, you must give up some of your rights to sue the other driver involved in the accident. You may be allowed to sue for non-economic damages if the amount of these damages exceeds a specified tort threshold. Florida, Michigan, New Jersey, New York and Pennsylvania have verbal thresholds. The other eight states use a monetary threshold: Colorado, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah. New Jersey, Pennsylvania and Kentucky have a “choice” no-fault law. In these three states, motorists may reject the lawsuit threshold and retain the right to sue for any auto-related injury.
If you wish to file a lawsuit against the at fault driver, Florida’s no-fault insurance law requires that you must show that you sustained a “serious” injury. Fla. Stat. § 627.737. Pain and suffering damages are generally only recoverable for serious injuries that involve sustained permanent injury, significant scarring or disfigurement, or death.
There are two categories of auto insurance – first-party coverage and third-party coverage. First-party coverage covers you and your property (such as medical expenses, damage to your vehicle and the insurance company’s duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third-party coverage is for your responsibility to pay for injury caused to other people (and vice versa), whether in your vehicle, or another vehicle involved in the accident.
The coverage (and its exclusions) is explained in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. While adequately explaining all aspects of insurance coverage and laws would be far too time consuming, the following is a brief synopsis of the most typical coverage and issues.
Personal Injury Protection
In addition to liability insurance, Florida requires all drivers to have Personal Injury Protection (PIP) coverage. Fla. Stat. § 627.736. Personal injury coverage is not health insurance, and it is not designed to pay for your medical bills. What it is designed to do is offer a onetime settlement or payment for all of your damages. In Florida, your policy must cover eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices, and medically necessary ambulance, hospital, and nursing services. Fla. Stat. § 627.736.
The personal injury insurance minimum required by law in Florida is ten thousand dollars for bodily injury or death of one person in any one accident. Fla. Stat. § 627.736. Lawsuits in Florida must be filed against the negligent driver and may not also name the insurance carrier as a defendant. In fact, the jury is not allowed to know that there is insurance coverage available on the defendant. If the jury renders a verdict in excess of the defendant’s liability policy limit, the defendant is then personally liable out of his or her own assets for the additional amount.
Bodily Injury Coverage
If your injury is caused by the negligence of a defendant, your attorney can file a claim under the bodily injury liability coverage of the negligent defendant’s insurance policy. Bodily injury liability coverage covers a driver’s legal liability for the injury or death that they, or any permitted user, may cause with their vehicle. When you are injured in a car accident and the person at fault is either the driver of the other vehicle or, if you are a passenger, the driver of the car in which you are riding, you may file a bodily injury claim with that driver’s insurance company. In most bodily injury liability policies, bodily injury includes sickness, disease, injury, or death arising from sickness, disease, or injury.
Medical Payments (Med-Pay) Coverage
When purchasing automobile insurance, you may elect to receive an optional type of coverage called medical payments (med-pay) coverage. Fla. Stat. § 627.736. Med-pay coverage pays accident-related medical expenses not covered by Personal Injury Protection. This coverage is available to the insured driver (the individual who holds the policy which includes med-pay coverage) and any passengers in the insured’s vehicle for injuries sustained, regardless of the fault of the driver. It is important to note that the insurance policy of the negligent party does not pay med-pay or PIP benefits to an injured plaintiff. These benefits are limited to the driver or passengers in the insured vehicle, regardless of fault. The plaintiff looks to his own insurance policy or the policy on the vehicle in which he was a passenger for med-pay or PIP benefits.
Collision Coverage
Collision coverage is a type of voluntary coverage you can purchase, which will cover the repair or replacement of your own vehicle after an accident, regardless of who is at fault. An innocent victim of an accident may present a claim for the property damage under his or her own collision coverage or under the negligent defendant’s property damage liability insurance coverage.
Your own collision coverage normally includes a deductible, while property damage liability insurance coverage does not. In an automobile accident case, after a claim has been paid under collision coverage, the insurance carrier who paid the claim may proceed against the property damage liability insurance carrier for the negligent defendant to recover the amount paid out. This process is called subrogation, and does not affect your recovery.
Uninsured and Underinsured Motorist Benefits
Uninsured/underinsured motorist benefits are another type of voluntary coverage you can purchase, and it is recommended that you add this type of coverage to your policy. This coverage protects you against a negligent defendant who either does not have liability insurance coverage or only has minimum coverage that is inadequate to fully compensate you for your injuries. If you are involved in an accident with an uninsured but negligent individual, your attorney would make a claim for you under your own uninsured motorist coverage. Your own insurance carrier would then have to pay any judgment which may be rendered, up to the limits of the policy which you purchased.
If the person who caused the accident has liability insurance, but the policy limit of his or her liability insurance is less than the uninsured motorist coverage of your policy, your attorney can make an additional claim under your own policy for what is called underinsured motorist benefits, in the event that your damages exceed the limits of the other party’s liability coverage. Uninsured/underinsured motorist claims can be a problematic area of law to practice, and the experience of an attorney familiar with these issues is important in order to obtain the maximum amount of recovery for you.
Tuesday, September 22, 2009
Wednesday, September 16, 2009
School Bus Accidents
School bus accidents are amongst the most heartbreaking of all motor vehicle accidents due in part to the unfortunate involvement of young children. As a result, substantial damages are often at issue in cases of this type, and forceful representation is required to bring all responsible parties to justice. In Florida, each district school board can be held liable for tort claims arising out of any incident or occurrence involving a school bus or other motor vehicle owned, or operated by the school board to transport persons. Fla. Stat. § 1006.24.
A school bus-related crash is defined as a crash which involves, either directly or indirectly, a school bus-type vehicle, or a vehicle functioning as a school bus, transporting children to or from school or school-related activities.
Since 1995, 170 school-age pedestrians (younger than 19) have died in school transportation-related crashes. Nearly two-thirds (65%) were killed by school buses, 5 percent by vehicles functioning as school buses, and 30 percent by other vehicles involved in the crashes. Nearly one-half (49%) of all school-age pedestrians killed in school transportation-related crashes were between the ages of 5 and 7.
Since 1995 there have been about 416,295 fatal traffic crashes. Of those, 0.33 percent (1,368) were classified as school transportation-related. Since 1995, 1,509 people have died in school transportation-related crashes an average of 137 fatalities per year. Most of the people who lost their lives in those crashes (70%) were occupants of other vehicles involved. Nonoccupants (pedestrians, bicyclists, etc.) accounted for 22 percent of the deaths, and occupants of school transportation vehicles accounted for 8 percent.
More school-age pedestrians are killed in the afternoon than in the morning, with 32 percent of the fatalities occurring in crashes between 3 and 4 p.m. Between 1995 and 2005, 97 crashes occurred in which at least one occupant of a school transportation vehicle died.
More than half of those crashes (55%) involved at least one other vehicle. In 52 percent of all crashes involving fatalities to occupants of a school transportation vehicle, the principal point of impact was the front of the vehicle. Since 1995, 6 drivers and 13 passengers have died in school bus vehicles providing transportation for purposes other than school or school-related activities (churches, civic organizations, etc.). In 1987, one such multi-vehicle crash resulted in the deaths of 27 occupants, including the driver.
A school bus-related crash is defined as a crash which involves, either directly or indirectly, a school bus-type vehicle, or a vehicle functioning as a school bus, transporting children to or from school or school-related activities.
Since 1995, 170 school-age pedestrians (younger than 19) have died in school transportation-related crashes. Nearly two-thirds (65%) were killed by school buses, 5 percent by vehicles functioning as school buses, and 30 percent by other vehicles involved in the crashes. Nearly one-half (49%) of all school-age pedestrians killed in school transportation-related crashes were between the ages of 5 and 7.
Since 1995 there have been about 416,295 fatal traffic crashes. Of those, 0.33 percent (1,368) were classified as school transportation-related. Since 1995, 1,509 people have died in school transportation-related crashes an average of 137 fatalities per year. Most of the people who lost their lives in those crashes (70%) were occupants of other vehicles involved. Nonoccupants (pedestrians, bicyclists, etc.) accounted for 22 percent of the deaths, and occupants of school transportation vehicles accounted for 8 percent.
More school-age pedestrians are killed in the afternoon than in the morning, with 32 percent of the fatalities occurring in crashes between 3 and 4 p.m. Between 1995 and 2005, 97 crashes occurred in which at least one occupant of a school transportation vehicle died.
More than half of those crashes (55%) involved at least one other vehicle. In 52 percent of all crashes involving fatalities to occupants of a school transportation vehicle, the principal point of impact was the front of the vehicle. Since 1995, 6 drivers and 13 passengers have died in school bus vehicles providing transportation for purposes other than school or school-related activities (churches, civic organizations, etc.). In 1987, one such multi-vehicle crash resulted in the deaths of 27 occupants, including the driver.
Passenger | Pedestrian Injuries
Passenger Injuries
If you’re a passenger who has sustained injuries in an automobile accident, you are entitled to receive compensation for your injuries. As a passenger, you may have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision.
A passenger is generally not considered to be at fault or partially at fault in an auto accident unless he or she does something that specifically causes the accident such as distract the driver. If you have been injured as a passenger in a vehicle involved in a collision, an attorney can help you file a claim and get monetary compensation for your
injuries.
Pedestrian Injuries
According to the National Highway Traffic Safety Administration there were 4,881 pedestrian fatalities in 2005 of which 20 percent were pedestrians improperly crossing the street. Many thousands more were seriously injured.
In general, pedestrians have the right of way when traffic control signals are not in place or in operation. Fla. Stat. § 316.130. If a child is injured running out into the street, and if there is a school or playground nearby, the driver may have been aware that children were in the area. This can be used to show the driver wasn’t taking proper precautions to avoid the accident. In addition, it may be possible to show that the child wasn’t properly supervised or that adequate crossing assistance was not provided.
It may be difficult to determine who is negligent in cases where pedestrians are injured. There are many factors which must be considered: Were you paying attention to traffic when you crossed? Were you jaywalking or crossing in a designated crosswalk? Did the car run a red light? If possible, you should try to get witnesses who can verify your account of the accident.
A third party can also be responsible in pedestrian accidents. If a crossing signal or traffic light malfunctioned, it may be possible to hold the local government services responsible for failing to adequately maintain or repair the light.
Pedestrian Injury Data
In 2005 in the United States, 4,881 pedestrians died from traffic-related injuries and another 64,000 pedestrians sustained non-fatal injuries.
Pedestrian fatalities are the second-leading cause of motor vehicle-related deaths, following occupant fatalities. Pedestrian-related fatalities account for about 11% of all motor vehicle-related deaths.
On average, one pedestrian in the United States is killed in a traffic crash every 108 minutes.
Pedestrian deaths, expressed as a rate per 100,000 people, has decreased 13% from 1995 to 2005. Factors contributing to this decrease may include more and better sidewalks, pedestrian paths, playgrounds away from streets, one-way traffic flow, and restricted on-street parking. Some of the reduction is likely due to the decreasing amount of time Americans spend walking.
In 2005, 44% of pedestrian deaths occurred between 6:00 pm and midnight. Among children under 16 years old, 43% of the pedestrian fatalities in 1998 occurred between 3:00 and 7:00 pm.
Seventy-four percent of pedestrian deaths in 2005 occurred in urban areas. Case fatality rates, however, are higher in rural areas—for nearly all age groups. Researchers have suggested that these higher fatality rates may be due to higher driving speeds (greater impact during a crash), and less immediate access to emergency medical care.
Children are at risk for pedestrian injuries and fatalities. In 2005, children 15 years and younger accounted for 8% of all pedestrian fatalities and 23% of all pedestrians injured in traffic crashes. Among children between the ages of 5 and 9 who were killed in traffic crashes, 18% were pedestrians.
In 2005, adults 70 years and older comprised 9% of all pedestrians injured, yet they accounted for 16% of all pedestrian fatalities. The death rate for this group, 2.88 per 100,000 people, is the highest of any age group.
In 2005, the pedestrian fatality rate for males was more than twice that for females. Non-fatal injury rates for male pedestrians were also higher; the pedestrian injury rate, per 100,000 people, was 21 for males and 17 for females.
More pedestrian fatalities occurred on Fridays and Saturdays than on any other day of the week in 2005.
In 2005, 61% of pedestrian deaths among people 65 years and older occurred at an intersection, whereas only 10% of pedestrian deaths among children 4 years old and younger took place at an intersection.
Alcohol is a major factor in adult pedestrian deaths. In the total number of fatal pedestrian crashes, 11% of the drivers involved had a blood alcohol concentration (BAC) of .08 g/dL or higher.
In 44% of traffic crashes that resulted in a pedestrian fatality during 2005, either the driver or the pedestrian had a measurable blood alcohol level.
If you’re a passenger who has sustained injuries in an automobile accident, you are entitled to receive compensation for your injuries. As a passenger, you may have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision.
A passenger is generally not considered to be at fault or partially at fault in an auto accident unless he or she does something that specifically causes the accident such as distract the driver. If you have been injured as a passenger in a vehicle involved in a collision, an attorney can help you file a claim and get monetary compensation for your
injuries.
Pedestrian Injuries
According to the National Highway Traffic Safety Administration there were 4,881 pedestrian fatalities in 2005 of which 20 percent were pedestrians improperly crossing the street. Many thousands more were seriously injured.
In general, pedestrians have the right of way when traffic control signals are not in place or in operation. Fla. Stat. § 316.130. If a child is injured running out into the street, and if there is a school or playground nearby, the driver may have been aware that children were in the area. This can be used to show the driver wasn’t taking proper precautions to avoid the accident. In addition, it may be possible to show that the child wasn’t properly supervised or that adequate crossing assistance was not provided.
It may be difficult to determine who is negligent in cases where pedestrians are injured. There are many factors which must be considered: Were you paying attention to traffic when you crossed? Were you jaywalking or crossing in a designated crosswalk? Did the car run a red light? If possible, you should try to get witnesses who can verify your account of the accident.
A third party can also be responsible in pedestrian accidents. If a crossing signal or traffic light malfunctioned, it may be possible to hold the local government services responsible for failing to adequately maintain or repair the light.
Pedestrian Injury Data
In 2005 in the United States, 4,881 pedestrians died from traffic-related injuries and another 64,000 pedestrians sustained non-fatal injuries.
Pedestrian fatalities are the second-leading cause of motor vehicle-related deaths, following occupant fatalities. Pedestrian-related fatalities account for about 11% of all motor vehicle-related deaths.
On average, one pedestrian in the United States is killed in a traffic crash every 108 minutes.
Pedestrian deaths, expressed as a rate per 100,000 people, has decreased 13% from 1995 to 2005. Factors contributing to this decrease may include more and better sidewalks, pedestrian paths, playgrounds away from streets, one-way traffic flow, and restricted on-street parking. Some of the reduction is likely due to the decreasing amount of time Americans spend walking.
In 2005, 44% of pedestrian deaths occurred between 6:00 pm and midnight. Among children under 16 years old, 43% of the pedestrian fatalities in 1998 occurred between 3:00 and 7:00 pm.
Seventy-four percent of pedestrian deaths in 2005 occurred in urban areas. Case fatality rates, however, are higher in rural areas—for nearly all age groups. Researchers have suggested that these higher fatality rates may be due to higher driving speeds (greater impact during a crash), and less immediate access to emergency medical care.
Children are at risk for pedestrian injuries and fatalities. In 2005, children 15 years and younger accounted for 8% of all pedestrian fatalities and 23% of all pedestrians injured in traffic crashes. Among children between the ages of 5 and 9 who were killed in traffic crashes, 18% were pedestrians.
In 2005, adults 70 years and older comprised 9% of all pedestrians injured, yet they accounted for 16% of all pedestrian fatalities. The death rate for this group, 2.88 per 100,000 people, is the highest of any age group.
In 2005, the pedestrian fatality rate for males was more than twice that for females. Non-fatal injury rates for male pedestrians were also higher; the pedestrian injury rate, per 100,000 people, was 21 for males and 17 for females.
More pedestrian fatalities occurred on Fridays and Saturdays than on any other day of the week in 2005.
In 2005, 61% of pedestrian deaths among people 65 years and older occurred at an intersection, whereas only 10% of pedestrian deaths among children 4 years old and younger took place at an intersection.
Alcohol is a major factor in adult pedestrian deaths. In the total number of fatal pedestrian crashes, 11% of the drivers involved had a blood alcohol concentration (BAC) of .08 g/dL or higher.
In 44% of traffic crashes that resulted in a pedestrian fatality during 2005, either the driver or the pedestrian had a measurable blood alcohol level.
Medical Malpractice - Damages
There are two types of damages available in a negligence medical malpractice case, compensatory damages and punitive damages.
Compensatory damages
Compensatory damages are derived from the word “compensate,” meaning “to make up for” or “to make whole.” Generally, these damages can be broken up into two sub-categories actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred, or financial losses sustained.
Actual damages typically include:
- Medical and hospitalization bills incurred to treat your injuries
- Wages lost due to work missed while you recuperate
- Costs of household or nursing help during recovery, including costs of wheelchair or crutches required
As noted, injured victims can also sue for general damages in addition to actual damages. General damages include the things that can’t be precisely documented in dollars spent, including:
- Value of medical expenses you are likely to incur in the future
- Value of wages you are likely to lose in the future
- Disfigurement resulting from injuries
- Loss of consortium (benefits of a relationship)
- Loss of opportunity
- Permanency of injury and resulting pain and suffering
- Pain and suffering endured due to injuries and any subsequent mental anguish
- Punitive damages
In addition to compensatory damages, punitive damages may be awarded in certain cases. Punitive damages are designed to punish the defendant for gross incompetence, and are not based on actual injuries sustained. Punitive damages are awarded when a behavior is so egregious that a civil court penalty is warranted in order to deter the defendant from committing the same act again in the future.
Here is an example: Based on a true story, if a doctor delivers a woman’s baby and then makes a small incision on her torso signifying that he was responsible for her children, the woman should expect significant punitive damages to be awarded against the doctor.
If a doctor promises a particular result and then fails to obtain that result, the patient may have a successful case against the doctor. In these types of cases, it may be possible to recover damages from the doctor for the loss of the value of the successful treatment.
Damages are also available in cases where the plaintiff is able to prove that he or she was not provided with proper informed consent. The damages in such cases are different than in a typical negligence medical malpractice claim. If the doctor attempts to treat the patient without his or her consent, the doctor may be liable for the wrongful touching of the patient, regardless of whether the treatment was successful.
Compensatory damages
Compensatory damages are derived from the word “compensate,” meaning “to make up for” or “to make whole.” Generally, these damages can be broken up into two sub-categories actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred, or financial losses sustained.
Actual damages typically include:
- Medical and hospitalization bills incurred to treat your injuries
- Wages lost due to work missed while you recuperate
- Costs of household or nursing help during recovery, including costs of wheelchair or crutches required
As noted, injured victims can also sue for general damages in addition to actual damages. General damages include the things that can’t be precisely documented in dollars spent, including:
- Value of medical expenses you are likely to incur in the future
- Value of wages you are likely to lose in the future
- Disfigurement resulting from injuries
- Loss of consortium (benefits of a relationship)
- Loss of opportunity
- Permanency of injury and resulting pain and suffering
- Pain and suffering endured due to injuries and any subsequent mental anguish
- Punitive damages
In addition to compensatory damages, punitive damages may be awarded in certain cases. Punitive damages are designed to punish the defendant for gross incompetence, and are not based on actual injuries sustained. Punitive damages are awarded when a behavior is so egregious that a civil court penalty is warranted in order to deter the defendant from committing the same act again in the future.
Here is an example: Based on a true story, if a doctor delivers a woman’s baby and then makes a small incision on her torso signifying that he was responsible for her children, the woman should expect significant punitive damages to be awarded against the doctor.
If a doctor promises a particular result and then fails to obtain that result, the patient may have a successful case against the doctor. In these types of cases, it may be possible to recover damages from the doctor for the loss of the value of the successful treatment.
Damages are also available in cases where the plaintiff is able to prove that he or she was not provided with proper informed consent. The damages in such cases are different than in a typical negligence medical malpractice claim. If the doctor attempts to treat the patient without his or her consent, the doctor may be liable for the wrongful touching of the patient, regardless of whether the treatment was successful.
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