The summer is here and with it comes a surge of teenage drivers making there way to beaches and parties. With the increase in teen drivers, it is important to recognize that according to the Florida Department of Highway Safety and Motor Vehicles, teen drivers have the highest rate of accident involvement and fatal crashes. Generally speaking, teens are also the most likely to be distracted by things such as cell phone use or texting while driving. Studies have shown that texting while driving may impair a driver’s reaction time even more than alcohol.
As a driver, you must act to protect your own safety on the roadways. Always wear your seatbelt, and make sure that all of your passengers do as well. If you are traveling with children, make sure they are using the appropriate child restraint device. Not only must you make sure that you are following the rules of the road, but you must pay careful attention to others who may not be.
Unfortunately, even the most diligent drivers can become involved in an accident. If this happens to you, here are some tips:
• Seek medical attention if you have any pain
• Call police or exchange information with the other driver
• Take photographs of the vehicles and scene
• Contact your insurance company as soon as possible
• Keep copies of everything related to the accident
If you have the required insurance under Florida law, your insurance company will pay for your medical bills under Personal Injury Protection. In most cases your vehicle damage will be paid for under your collision coverage, and your insurance company will make a claim against the at-fault driver.
If you have been in a car or motorcycle accident, even a minor crash, you should speak with an experiences attorney to protect your rights. A personal injury attorney can ensure that your insurance benefits are paid properly, that you get the medical treatment you need, and you are fairly compensated by the at fault driver.
Stephen Lawler, Esq.
http://www.thelawlerfirm.com
Friday, June 25, 2010
Tuesday, June 15, 2010
If You Want To Remain Silent, You Can't Remain Silent!
Almost every American citizen knows that among our many rights are the right to remain silent (Fifth Amendment) and the right to an attorney (Sixth Amendment). In the recent United States Supreme Court case of Berghuis v. Thompkins, 08-1470 (JUNE 1, 2010), the Court held that the right to remain silent must be affirmatively and unequivocally invoked by the suspect. In the Thompkins case, the suspect had been arrested in relation to a homicide. Officers questioned the suspect over a three-hour period during which he was almost completely silent. Toward the end of the three-hour period, the officers asked if he wanted forgiveness for the death, to which he responded “yes.” The Supreme Court by a 5-4 margin held that the police interrogation was permissible and the incriminating statement was admissible evidence.
The Court held that he failed to unambiguously and unequivocally assert his right to remain silent. Apparently, his three hours of silence in response to relentless questioning was insufficient to show his intentions. In other words, he could not just remain silent, but had to affirmatively tell the officers that he wanted to remain silent and did not want to answer their questions.
This is another in a line of recent cases from the Court favoring law enforcement over the rights of the individual suspect. If you are ever in the unfortunate position of being a criminal suspect, remember to tell the officers loud and clear that you invoke your right to remain silent, and that you want your lawyer immediately.
Stephen Lawler, Esq.
http://www.thelawlerfirm.com
The Court held that he failed to unambiguously and unequivocally assert his right to remain silent. Apparently, his three hours of silence in response to relentless questioning was insufficient to show his intentions. In other words, he could not just remain silent, but had to affirmatively tell the officers that he wanted to remain silent and did not want to answer their questions.
This is another in a line of recent cases from the Court favoring law enforcement over the rights of the individual suspect. If you are ever in the unfortunate position of being a criminal suspect, remember to tell the officers loud and clear that you invoke your right to remain silent, and that you want your lawyer immediately.
Stephen Lawler, Esq.
http://www.thelawlerfirm.com
Florida Slip And Fall Cases: New Burden Of Proof
Until recently, slip and fall law in Florida was somewhat favorable to injured plaintiffs. In the case of Owens v. Publix Supermarkets, 802 So.2d 315 (2001), the Florida Supreme Court set the previous standard for proving slip and fall accidents involving transitory substances on floors. The rule stated by the Owens Court was that “the existence of a foreign substance on the floor of a business premises that causes a customer to fall and be injured is not a safe condition and the existence of that unsafe condition creates a rebuttable presumption that the premises owner did not maintain the premises in a reasonably safe condition.” This effectively eliminated the need for a plaintiff to show that the property owner was aware that the substance was on the floor and failed to clean it up.
This is about to change. Governor Christ recently signed HB 689, which becomes effective July 1, 2010 as Florida Statute 768.0755. The new statute effectively overturns the Owens decision. Now an injured plaintiff will have to prove that something was on the floor that caused the fall, and that the property owner knew or should have known it was there and failed to take the necessary action to clean it up. This is certainly a much higher burden for slip and fall victims.
Although the law becomes effective July 1, 2010, there is some question as to whether it will impact injuries that occurred before the effective date of the law. In most situations, laws may only operate prospectively to affect incidents that occur after the effective date. There are, however, many instances when a law can directly impact cases arising before the law if effective. Certainly defense attorneys hired by the property owners will argue that the new law should be applied to cases filed after July 1, even if the fall was much earlier. These issues require careful analysis of complex areas of the law. If you have been injured in a slip and fall accident, but have not yet filed suit, you should speak with an experienced personal attorney to determine how the new law will affect your case.
Stephen Lawler, Esq.
http://www.thelawlerfirm.com
This is about to change. Governor Christ recently signed HB 689, which becomes effective July 1, 2010 as Florida Statute 768.0755. The new statute effectively overturns the Owens decision. Now an injured plaintiff will have to prove that something was on the floor that caused the fall, and that the property owner knew or should have known it was there and failed to take the necessary action to clean it up. This is certainly a much higher burden for slip and fall victims.
Although the law becomes effective July 1, 2010, there is some question as to whether it will impact injuries that occurred before the effective date of the law. In most situations, laws may only operate prospectively to affect incidents that occur after the effective date. There are, however, many instances when a law can directly impact cases arising before the law if effective. Certainly defense attorneys hired by the property owners will argue that the new law should be applied to cases filed after July 1, even if the fall was much earlier. These issues require careful analysis of complex areas of the law. If you have been injured in a slip and fall accident, but have not yet filed suit, you should speak with an experienced personal attorney to determine how the new law will affect your case.
Stephen Lawler, Esq.
http://www.thelawlerfirm.com
Wednesday, June 9, 2010
No-Fault Benefits: Understanding PIP and Medpay Coverage (Florida)
In Florida, every driver is required by law to carry certain minimum insurance coverages, including personal injury protection (PIP). Regardless of whose fault an accident was, your own PIP insurance pays benefits to you. These benefits include eighty percent of reasonable and necessary medical expenses and sixty percent of lost wages. Florida's PIP laws are designed to ensure that each driver can obtain needed medical attention following an accident without suffering financial hardship.
Every driver can also purchase optional medical payments coverage (Medpay) from their insurance company. Medpay benefits pay the twenty percent of medical bills not payable by PIP, and typically one hundred percent of bills after PIP coverage has been completely used.
The statutes and regulations governing PIP are numerous and confusing. PIP laws govern who is entitled to PIP, including certain passengers and pedestrians, which doctors are eligible to receive payments from PIP, how much doctors can charge and be paid, and what you can do if you are in a dispute with your insurance company. These regulations can have major impacts on your treatment and your wallet. Some doctors may stop treating you if your insurance company fails to pay properly. In some situations, if your doctor fails to bill properly, not only won't your insurance pay – but you do not owe the bill either.
Many people believe that when they "purchase" PIP and Medpay coverages in certain amounts that they should be able to use all of it following a car accident. Realistically, you are covered "up to" the limits of the policy amounts subject to many terms and conditions of the statute and the policy itself. Most significantly, the medical treatment must be necessary and related to the car accident.
Often, an insurance company will have you examined by a doctor who will say the treatment is not necessary or not related to the accident. In that case, the insurance company will stop paying and you are responsible for any future bills – unless you take the appropriate steps to challenge the insurance company.
If you have been in an accident, you should speak to an experienced attorney with knowledge of PIP laws. Having a lawyer will place you on equal footing with your insurance company and ensure that you will get the benefits you paid for.
Stephen Lawler, Esq.
http://www.thelawlerfirm.com
Every driver can also purchase optional medical payments coverage (Medpay) from their insurance company. Medpay benefits pay the twenty percent of medical bills not payable by PIP, and typically one hundred percent of bills after PIP coverage has been completely used.
The statutes and regulations governing PIP are numerous and confusing. PIP laws govern who is entitled to PIP, including certain passengers and pedestrians, which doctors are eligible to receive payments from PIP, how much doctors can charge and be paid, and what you can do if you are in a dispute with your insurance company. These regulations can have major impacts on your treatment and your wallet. Some doctors may stop treating you if your insurance company fails to pay properly. In some situations, if your doctor fails to bill properly, not only won't your insurance pay – but you do not owe the bill either.
Many people believe that when they "purchase" PIP and Medpay coverages in certain amounts that they should be able to use all of it following a car accident. Realistically, you are covered "up to" the limits of the policy amounts subject to many terms and conditions of the statute and the policy itself. Most significantly, the medical treatment must be necessary and related to the car accident.
Often, an insurance company will have you examined by a doctor who will say the treatment is not necessary or not related to the accident. In that case, the insurance company will stop paying and you are responsible for any future bills – unless you take the appropriate steps to challenge the insurance company.
If you have been in an accident, you should speak to an experienced attorney with knowledge of PIP laws. Having a lawyer will place you on equal footing with your insurance company and ensure that you will get the benefits you paid for.
Stephen Lawler, Esq.
http://www.thelawlerfirm.com
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