Florida Insurers That Are Known for Bad Faith Practices

Florida Insurers That Are Known for Bad Faith Practices

Florida Insurers That Are Known for Bad Faith Practices

When you think of insurance companies that try to scam their customers by acting in bad faith, you might assume that they’re smaller businesses. Low-rent organizations that you’ve never heard of and certainly wouldn’t use.

However, you may be surprised to learn that there are actually some truly big names on the list of Florida insurers that are known for their bad faith practices. In this post, we’re going to reveal the worst offenders where bad faith is concerned, then explain some things you can do to protect yourself if your claim is rejected.

Insurers That are Most Likely to Engage in Bad Faith in Florida

According to Badfaithinsurance.org, the worst 10 insurance companies who act in bad faith include the following:

  1. Allstate
  2. State Farm
  3. The Hartford
  4. Unum
  5. Farmers
  6. Lloyds
  7. MetLife
  8. Liberty Mutual
  9. American Family
  10. Auto-Owners

Some of those names you may not have ever heard of, but many of them are stalwarts in the industry – including the first two on the list!

How did Badfaithinsurance.org come up with this list? The worst offenders were selected from 3,693 companies representing 655 groups.

Let’s look at a few of these companies in detail to discover why they ranked so high in bad faith insurance practices:

Allstate

Simply put, the company consistently refuses to pay claims. They also have a high rate of customer dissatisfaction, resulting in many lawsuits. It’s also worth noting that Allstate was also ranked as the worst offender by the American Association for Justice.

State Farm

State Farm has consistently ranked in the top three worst offenders for years. They have a poor record of failing to pay claims and a high number of lawsuits.

The Hartford

Known for frequent denials of claims, The Hartford often ranks high in bad faith insurer categories. Many customers complain about foul play and victimization.

Unum

This company denies legitimate claims over and over – even after appeals are made. They are also known for unreasonable delays in processing claims. Fraud has been widespread within their ranks.

Farmers

This insurance giant lets homeowners and businesses down with its failure to pay. They have inflated premiums and given commissions for shady behavior. Policyholders often complain about failure to pay legitimate claims.

Filing a Florida Bad Faith Insurance Lawsuit

If you are the victim of a bad faith insurance scheme, you need the help of an experienced attorney who can assist you in recovering the payments you deserve.

As a policyholder, you can expect claims to be paid under your policy terms. Yet insurance companies may use several tactics to avoid paying you, even for a legitimate claim. Here are some of the ways insurance companies resist making payments:

Filing a Florida Bad Faith Insurance Lawsuit

Delaying processing – An insurer may drag out the normal filing process to avoid making a payment.

Skewing evidence – Insurers may select arbitrary evidence to support their position of denying the claim.

Using invalid claim reviews – Some insurers reject personal injury claims based on the testimony of a doctor who hasn’t even seen the insured for a proper examination.

Failure to conduct thorough research – You deserve for every aspect of your case to be reviewed, not only the parts that favor the insurer’s position.

Using deceptive practices – An insurer may offer to pay less than your policy states, fail to inform you of a filing deadline, or use untruths when explaining your coverage.

Cancelled policies – In the worst cases, an insurer may simply cancel your policy to avoid paying your claim.

The Five Factors Florida Uses to Determine Bad Faith

Florida law requires that bad faith insurance cases are filed “after a third party obtains a judgment.” These five different factors must be considered to determine whether bad faith has occurred.

  1. How coverage applies to the claim
  2. Whether the insurer conducted a thorough investigation into the claim
  3. Whether the insurer resolved the issue in a reasonably timely manner, without prejudice
  4. Whether the insured received a notice of the insurer’s right to deny coverage along with a defense of why the claim was denied
  5. Whether the insurer tried to settle the claim despite the dispute over coverage

If the claim is covered under your policy and the liability is clear, yet your insurer fails to pay, you may be eligible to receive compensation for your losses. You may be able to file for compensatory damages as well as punitive damages.

These cases can be complicated and difficult to win. You need the help of a skilled Florida bad faith insurance attorney who has successfully handled cases like yours before. A tough defender will fight the insurance companies to get you the compensation promised under your policy.

The Five Factors Florida Uses to Determine Bad Faith

Bad faith insurance claims need to be filed within strict timelines and under specific regulations. You’ll need to provide as much documentation as possible when filing your claim. A skilled lawyer will guide you through the process and conduct a thorough investigation into your case, looking for the best ways to defend your claim.

Ready to file a lawsuit? Call us today for a free case review. We’ll look at the details of your bad faith insurance case and help you understand your rights to compensation.

 About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

More Tesla Self-Driving Crashes – Who's Liable in Florida?

More Tesla Self-Driving Crashes – Who’s Liable in Florida?

More Tesla Self-Driving Crashes – Who's Liable in Florida?

Several self-driving Tesla car accidents have occurred over the last few years, and the company keeps blaming drivers for the mistakes. Is the answer really that straightforward, though? Who is really at fault for the crashes?

Below we’re going to dive into the specifics of one particular case, as well as what the investigations into these crashes have turned up, then talk about what Florida product liability laws have to do with cases like these.

Tesla Blames Driver for Recent Car Crash

The family of a man from Mountain View, Calif. is suing Tesla Inc. for wrongful death after his SUV crashed into a concrete barrier and collided with two other vehicles in March.

The company states that the driver knew the Autopilot function was not reliable in the location where the crash occurred, but he used it anyway. Tesla Inc. says the crash occurred when visibility was good and the weather was clear, indicating that the fault lies with the driver, not the vehicle.

The Tesla Autopilot feature regulates several driving functions without input from the driver. It automatically navigates lanes, adjusts cruise control, and turns into other lanes when the turn signal is on as long as conditions are safe.

The Autopilot function on Tesla vehicles requires drivers to keep their hands on the wheel. If the driver removes his or her hands from the wheel, sounds and visual alerts are enacted. On the day of the accident, the alerts sounded and flashed several times before the driver died. However, drivers don’t always heed the alerts.

The attorneys for the driver’s family claim that the Autopilot feature was defective and played a role in his death. Even though Tesla has refused to make further statements about how many times the alarms sounded that day, the Autopilot system is supposed to disengage after a certain number of alerts.

The National Transportation and Safety Board (NTSB) is investigating two other cases of Tesla crashes. In May 2016, a Florida man died in a high-speed crash when relying too much on the Tesla Autopilot system. In August 2017, an owner lost control of his Tesla due to a battery fire and crashed into his garage.

The NTSB has recommended that automakers who install semi-autonomous systems enact other measures to ensure that the system is not used. GM uses a camera system to track when a driver is looking forward. Only then will the semi-autonomous system work.

What Does This Have to Do with Product Liability Law in Florida?

The big question here is whether or not Tesla has a defective product in their vehicles with Autopilot. Here are the forms of product liability cases related to vehicles in Florida.

Defective Design

If the vehicle design presents a hazard to you, you may be able to hold the manufacturer liable for injuries. A skilled attorney will know whether the vehicle design played a role in your injury.

Defective Manufacturing

If a part was damaged during the manufacturing process, it could present an unreasonable hazard.

Failure to Warn

In these cases, the vehicle manufacturer knew about the risks but failed to properly warn the consumer of them.

Do these apply to Autopilot? It’s probably going to depend a lot on the specific circumstances of each crash. Which is why if you’re injured, you need to…

South Florida Car Accident Attorneys

Talk to a Florida Injury Lawyer Immediately

If you have been injured in a car crash and you believe it was due to a vehicle defect, you need the help of a knowledgeable Florida personal injury attorney. Someone with years of experience who will fight hard against the auto manufacturers and insurance companies on your behalf. Call today for your free case review.

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Stronger Distracted Driving Laws - Nope, Says Florida Senate

Stronger Distracted Driving Laws? Nope, Says Florida Senate

Stronger Distracted Driving Laws - Nope, Says Florida Senate

 

Recent legislation passed by the Florida House would have cracked down on distracted driving, but the Senate refused to even hear the bill.

 

Bill HB 33 was passed by the Florida House of Representatives 112-2, and Governor Rick Scott even gave it his blessing, meaning the bill likely would have been signed into law if passed by the Senate. However, Florida Senate President Joe Negron refused to hear the bill, effectively killing it.

 

Currently, texting while driving is only a secondary offense. This means that drivers can only be ticketed if pulled over for another offense. Furthermore, the fine for distracted driving is only $20 – not much motivation to put cell phones away and focus on the road.

 

Why is this such a big deal? Because distracted driving is extremely hazardous. It significantly slows a driver’s reaction time, meaning that a distracted driver has much less time to perceive hazards and react to avoid an accident. In fact, some studies suggest that distracted driving is just as dangerous as drunk driving.

 

There are many ways that drivers distract themselves while on the road, but these days the most common driver distraction is cell phone use, particularly texting or other means of written communication.

 

Using Smartphones While Driving: A Deadly Combination

 

Florida is the second-worst state in the nation for distracted driving, with over 50,000 distracted driving accidents annually – that’s more than five crashes every hour. Distracted driving crashes are often very serious, with over 3,500 serious injuries and 233 deaths occurring annually due to distracted driving.

 

In fact, these statistics may be an underestimate. According to Florida Highway Patrol Sgt. Mark Wysocky, people are unlikely to volunteer the fact that they were distracted prior to a crash. This means that many more crashes than officially recorded could involve distracted driving.

 

There are three categories of driver distraction:

 

  • Visual: Taking your eyes off the road
  • Manual: Taking your hands off of the steering wheel
  • Cognitive: Thinking about things other than driving

 

Using cell phones and texting while driving requires all three categories of distraction, making texting and driving one of the most dangerous types of distracted driving.

 

This is why most states have outlawed texting or other means of written communication (such as email and social media) while driving and passed legislation to make it a primary offense.

 

This means that police are able to stop and cite drivers who use handheld cell phones while driving even if they are not engaged in any other improper driving behaviors. In some states, such as New York, it’s even an offense to talk on a cell phone while driving.

 

Florida is on the opposite end of that spectrum. We are one of only four states that has not yet made texting while driving a primary offense.

 

Using Smartphones While Driving - A Deadly Combination

 

HB 33 would have changed this, finally giving law enforcement the ability to pull drivers over for texting on their cell phones while driving without the requirement that they were disobeying any other laws. Unfortunately, the blockage of Bill HB 33 means that this is unlikely to change anytime soon.

 

What does this mean for Florida drivers? The bottom line is that law enforcement has little power to stop distracted driving here – police are hamstrung to prevent this dangerous behavior by the law itself. In fact, the only way to hold distracted drivers accountable if you are injured by their negligence is to file a personal injury auto accident claim.

 

Personal Injury Claims for Distracted Driving in Florida

 

If you are injured in a car accident that was not your fault and believe that the other driver may have been using a handheld cell phone at the time of the crash, take action by filing a personal injury claim. This will help to address financial concerns arising from the accident and injury, and will also hold the other driver accountable for his or her negligence.

 

To win, your personal injury attorney will need to present evidence proving the required elements of a negligent injury case. These include the fact that the other driver had a duty to drive safely, that they breached this duty, that you were injured because of this breach, and that your injuries have caused you financial damages.

 

Florida Distracted Driving Accident Lawyers

 

Our experienced Florida injury lawyers can review your situation and help you determine if you have a viable case. Succeed in your lawsuit and you will win well-deserved compensation for you and your family, while also holding the distracted driver accountable, hopefully discouraging them from making the same mistake in the future.

 

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

August is the Deadliest Month for Drivers in Florida

August is the Deadliest Month for Drivers in Florida

August is the Deadliest Month for Drivers in Florida

With the summer season comes the benefit of drier roadways, increased visibility, and extended daylight hours.

 

Despite the excellent driving conditions, summer is the most common season for auto accidents in Florida according to the DMV, with accidents rates peaking in July and August. Reports found that August in particular sees more fatal car crashes than any other month.

 

So what makes summer such a dangerous season for driving, and what can you do to protect yourself and your loved ones on the road? Below, we’ve explored some of the reasons accident rates skyrocket during the summer.

 

Impaired drivers. Summer afternoons are the perfect occasion to cool off with a frosty beer on a porch with friends. But while enjoying a couple of cold ones in moderation is perfectly fine, a significant danger arises when people who have been drinking decide to get behind the wheel.

 

On any given day during the summer, there tends to be a significantly higher number of alcohol-impaired drivers on Florida roadways than in other seasons. This number only surges during holiday weekends such as the Fourth of July.

 

Out-of-town drivers. Florida is a hotspot for international vacationers and tourists all year long, but the number of out-of-towners increases during the summer when children are out of school. As families flock to our state to soak up rays on the beach and visit our world-renowned theme parks, our roads become more crowded with drivers who are unfamiliar with local roads. Lost, confused, and distracted drivers are more likely to cause of collisions and other accidents than those who are familiar with the road layout and traffic laws of the local area.

 

Boca Raton Bike Accident Lawyer

Cyclists and motorcyclists. During the summer months, many cyclists and motorcyclists take to the road, taking advantage of the dry weather and warm sun. Unfortunately, many drivers in Florida are not always on the lookout for bikes and motorcycles, and fatal accidents involving cyclists and motorcycle riders have become increasingly common.

 

Teen drivers. School is out, which means more teen drivers are free to roam the roads. With more teen drivers comes an increased risk of auto accidents, since teen drivers often have not had the opportunity to fully develop their driving skills in the way that more experienced drivers have. Studies have found that a growing number of teens have admitted to driving under the influence of alcohol, as well as to engaging in distracted driving activities such as texting, adjusting music, or fixing makeup,

 

Tire blowouts. Hot temperatures can cause the air inside tires to expand, causing blowouts in older and more worn-out rubber. Sudden tire blowouts can be shocking and potentially dangerous to drivers, whose first reaction is often to panic. An average of 535 fatalities and 2,300 collisions are caused by blowouts every year, with the bulk of incidents occurring during the hot summer months.

 

Sun and heat. The bright glare of the hot summer sun can blind drivers and cause crashes, while air-conditioners working overtime can cause the engine to overheat. In addition, the summer sun can cause dehydration in drivers during long road trips, leading to fatigue, dizziness, and impaired driving ability that can mean more crashes.

 

Safe Summer Driving Tips

 

Safe Summer Driving Tips

As a driver in Florida, you can promote safer roads while avoiding accidents during the summer months by following these important safe summer driving tips.

 

  1. Don’t drink and drive.

A couple of frozen margaritas or fruity cocktails might not seem like much, but even small amounts of alcohol can affect your driving in a big way. Play it safe by finding another way home if you’ve been drinking, such as a sober friend or public transportation.

 

  1. Don’t drive while tired.

Fatigue can have a tremendous effect on your coordination and ability to concentrate. If you are feeling sleepy, pull over as soon as possible and rest before hitting the road again.

 

  1. Don’t drive while distracted.

Distracted driving is the number one cause of auto accidents in Florida, outranking even drunk driving as the deadliest threat facing our roadways. When you are driving, keep your full attention on the road, and never text, use your cellphone, or adjust GPS or climate controls.

 

  1. Take your car in for a checkup.

A safe and well-maintained vehicle can protect you from preventable breakdowns and collisions, improve vehicle handling, and increase the life of your tires. Be sure to take your car in for routine checkups, especially before going on a long road-trip or traveling out of town for vacation.

 

Of course, accidents can happen to the most responsible and cautious of Florida drivers—especially when other drivers are careless or negligent. If you have been injured in a summer auto accident through no fault of your own, you should consult with an experienced Florida auto accident attorney. Your lawyer may be able to help you hold the at-fault driver accountable for their actions, and pursue a claim for medical bills, lost wages, and overall pain and suffering.

 

Safe Phone Zones Spring Up to Combat Distracted Driving

Safe Phone Zones Spring Up to Combat Distracted Driving

Safe Phone Zones Spring Up to Combat Distracted Driving

Drunk driving. Dangerous road design. Inclement weather.

 

These are some of the common causes of auto accidents on Florida roadways. But of all of the hazards that threaten Florida roadways, distracted driving has proven to be the most dangerous.

 

According to some studies, drivers who are talking on their phones while driving show greater signs of impairment than drunk drivers. Research has also shown that the accident rate for drivers who are using their cellphone is higher than for drivers who have a blood alcohol content of .08 percent.

 

Distracted driving accidents have risen 25 percent in the last three years, with thousands of texting-while-driving accidents alone occurring annually. As distracted driving accidents in Florida continue to skyrocket, lawmakers are stepping in.

 

In 2013, state officials voted to make texting while driving a secondary non-criminal traffic offense. However, this law on its own has proven to be ineffective, since it only covers the act of texting and not looking at the screen or having a conversation on the phone. It is also a difficult rule to enforce, since in order to be pulled over legally, drivers must have already violated some other traffic law.

 

That’s why the Florida Department of Transportation has taken an additional step to combat distracted driving in our state. Earlier this month, the FDOT launched a campaign to establish 64 “Safe Phone Zones” in rest areas, welcome centers, and turnpike service plazas across the state. You can view a map of current Safe Phone Zone locations here. Campaigns like these are not uncommon, and have been met with varying levels of success, but this one is interesting for a number of reasons.

 

Large blue highway signs have been placed along Florida roads, leading drivers to these Safe Phone Zones. Within Safe Phone facilities, signs remind drivers to take the chance to use their phones in a safe location. As the FDOT Assistant Secretary for Engineering and Operations explained in a press release, “By calling our rest areas, welcome centers, and service plazas ‘Safe Phone Zones’, we are saying they are much more than just rest stops—they are safe stops.”

 

The Limitations of Safe Phone Zones

 

The launch of Safe Phone Zones across our state will hopefully encourage drivers to pull over to a safe location before answering a text or making a call on their phones. However, while phones may represent one of the deadliest driving distractions, they are hardly the only ones.

 

One glaring issue with Safe Phone Zones is they fail to address major driving distractions beyond cell phone usage, including:

 

Smoking activities. Smoking, lighting a cigarette, and ashing a cigarette can all serve as both cognitive and physical distractions when driving, yet thousands of Florida drivers smoke while driving on a daily basis.

 

Adjusting music and climate control systems. In the seconds it takes to adjust music or climate control systems, motor vehicles can travel a great distance, and drivers can end up making a deadly error.

 

Florida Distracted Driving Lawyer

Eating and drinking. While fast food restaurants and American culture alike may encourage eating and drinking in our cars, drivers who use their vehicle as a dining room can cause serious, often fatal accidents.

 

Passengers. According to some studies, as much as five percent of distracted driving fatalities involve a driver who was talking to or looking at another passenger.

 

Outside objects. Sights, sounds, and activities going on outside of our cars can be distracting too. Seven percent of distracted driving accidents occurred when drivers were looking at on outside object, such as a billboard or post-wreck cleanup.

 

Being lost in thought. More than half of all fatal distracted driving accidents are attributed to being “lost in thought” or thinking of things other than the driving task at hand, making it one of the most dangerous types of distracted driving behaviors.

 

In order to put a stop to distracted driving in our community, it’s important to recognize and address all types of distracted driving behaviors. While setting up Safe Phone Zones to discourage cell phone usage when driving is a powerful first step, it is only the beginning of our state’s journey to distracted driving-free roadways.

 

Boca Raton Distracted Driving Attorney

As a driver, you can help reduce distracted driving accidents by remaining aware of your own driving behaviors. Anything that takes your full attention from driving—whether it be texting, singing along to the radio, or sipping a smoothie—could lead to an accident, and should be postponed until your vehicle has come to a full stop.

 

And if you have been a victim of a distracted driving accident, you can raise awareness of our state’s serious distracted driving problem by holding the driver accountable in an auto accident claim. Talk to a knowledgeable auto accident attorney to learn how you can take a stand against distracted driving in Florida, while seeking compensation for medical bills, lost wages, and other costs related to recovery.

 

Avoid Traffic (and an Accident) With These Apps

Avoid Traffic (and an Accident) With These Apps

Avoid Traffic (and an Accident) With These Apps

Ask anyone to come up with a list of their least favorite things, and “traffic” is likely to rank highly—perhaps just behind “tax season” and a few spots higher than “paper cuts.”

 

Few drivers will argue that the congested roadways in Florida aren’t frustrating, inconvenient, and stressful. But did you know that heavy traffic can also be very dangerous?

 

In heavy traffic, it’s common for drivers to lose their patience and begin to drive recklessly. Even if you manage to keep your cool in traffic, the reckless drivers around you may jeopardize your safety. Frustrated drivers are far more likely to change lanes quickly and carelessly, ignore warning signals, and disregard the rights of other drivers. Reckless drivers frequently drive too close to other vehicles, or drive in bicycle lanes and on road shoulders in an exasperated attempt to get to their destination quicker.

 

When there are reckless or aggressive drivers on congested roadways, the likelihood of serious auto accidents increases. That’s why it can be a good idea for both your schedule and safety to avoid traffic whenever possible.

 

Here’s the good news: today, there are a variety of mobile phone apps specifically designed to help drivers avoid traffic and plan safer, faster commutes. Below, we’ve listed apps that will help you get from point A to point B without hitting heavy traffic or falling victim to an auto accident.

 

South Florida Accident Lawyer

Waze Social GPS, Maps & Traffic. Waze is a community-based traffic and navigation app, which displays real-time traffic information provided by other users nearby. Users can update the app with useful information and alerts on road conditions, including info on hazards, gas prices, police check points, and accidents.

Price: Free

 

iTraffic. The iTraffic app provides drivers with highly accurate, up-to-date traffic information on their iPhones. The app automatically generates the best routes to take based on live traffic conditions, constantly updating routes to avoid any jams that occur while you are on your journey.

Price: $1.99

 

PD Maps Worldwide Edition. This straightforward app provides a turn-by-turn map navigation system using maps from eight different providers, including Google Maps, Yahoo! Local, and Microsoft Bing Maps. You can see real-time traffic information, and easily route and re-route your journey with the touch of a button.

Price: Free

 

Beat the Traffic. Beat the Traffic can help you plan a speedier route with real-time information on traffic, accidents, and other potential driving problems personalized to your route.

Price: Free

 

Traffic Updates. With Traffic Updates, you are able to see delays in traffic and other updates on an interactive map. You can also see different travel times and estimated delays for various routes.

Price: $.99

 

MyLiveTraffic. This is a collaborative app that uses real-time reports of traffic congestion across the world. The app displays visual information on route congestion overlays, warnings, and other important alerts.

Price: $1.99

 

Of course, it’s important to remember to access apps and plan routes before starting your drive, and refrain from using your cellphone while on the road. Cellphone usage on the highways can actually cause traffic jams, in addition to increasing the likelihood of serious, fatal accidents.

 

When used at the proper times, traffic apps can help you plan a safer, speedier, and smoother route. But if you do find yourself victimized in a serious auto accident caused by a reckless driver in a traffic jam, you should call a Florida accident attorney. With the help of an attorney, you can hold reckless drivers accountable for the accident, and obtain compensation for medical bills and other costs related to recovery.

 

Poorly Designed Roadways in Florida Common Cause of Auto Accidents

Poorly Designed Roadways in Florida Common Cause of Auto Accidents

Poorly Designed Roadways in Florida Common Cause of Auto Accidents

From drunk drivers to speeding to neglecting to use seat belts, there are plenty of hazards that can cause car accident injuries and fatalities.

 

[clickToTweet tweet=”Studies found that poorly designed highways and road conditions contribute to more deaths than any other factor” quote=”But studies found that poorly designed highways and dangerous road conditions may contribute to more deaths than any of these factors, accounting for more than half of fatal crashes in the US.”]

 

Every year, poor road design and dangerous conditions causes thousands of fatal auto accidents in Florida and across the country. Examples of poor design and dangerous conditions include:

 

Ineffective exit ramps. When on- and off-ramps are improperly placed or too short, they do not allow for safe merging. When drivers cannot merge safely, collisions and other severe accidents may occur.

 

Improper shoulder design. The shoulder of a road should have adequate space to allow drivers to exit their car safely without being struck by passing vehicles. In addition, the slope of a road shoulder should be as level as possible to reduce the chance of rollover.

 

Street edge drop-offs. Street drop-offs, such as ravines or cliffs, should have safety guards and other measures to prevent drivers from accidently swerving over the edge.

 

Improperly situated median barriers.  When median barriers are not situated appropriately, this can lead to fatal head-on collisions with other motor vehicles.

 

Dangerous intersections. Conditions such as narrow roads, sharp roads, and confusing traffic signals can make it even more difficult for drivers to navigate through already-tricky intersections.

 

Road hazards. Government agencies that are responsible for the road have a duty to keep road services clear of dangerous obstacles, such as trees and other vegetation. Road surfaces should also be kept clear of dangers, such as pot-holes, which can damage vehicles.

 

Inadequate signage. When warning and instructional signs are absent, defective, improper, or allowed to deteriorate or be removed, this can cause confusion among drivers, leading to fatal accident. The same is true for traffic signals—if they are poorly placed or allowed to malfunction, this can create disorder and cause accidents on the roads.

 

Florida Pedestrian Accident Lawyer

Inadequate pedestrian safety measures. Roadways without appropriate crosswalks, pedestrian islands, and other pedestrian accommodations can cause serious pedestrian accidents. These types of accidents are often fatal, since cars are much larger and moving faster than pedestrians.

 

Inadequate lighting. When there is insufficient lighting on roadways at night, this can severely hinder visibility for drivers, making them more likely to hit an obstacle, pedestrian, cyclist, or other driver.

 

Dangerous road surfaces. Road surfaces become dangerous when pavement does not have adequate skid resistance, or when improper drainage causes ponding or hydroplaning.

 

Poor construction. When road builders fail to follow approved plans, use shoddy materials, or make careless errors when building roadways, roads and highways can deteriorate, collapse, and otherwise fail to provide safe driving conditions.

 

Failure to adapt. The agencies responsible for maintaining roads have a responsible to maintain and adapt roads when it becomes necessary to ensure driver safety. This includes addressing road cave-ins and sinking, changing use patterns by vehicles and pedestrians, and noting and resolving causes of reoccurring accidents.

 

Unsafe parking policies. Parking policies that limit visibility of a dangerous intersection can result in accidents for pedestrians, bikers, and motor vehicle drivers alike.

 

Inadequate bike safety measures. Similarly, bike accidents are also often fatal, and are often caused by an absence of bike lanes or lanes with unsafe design.

 

If You or a Loved One Was Injured in a Poor Road Design Accident

Poor road design and dangerous conditions can cause many kinds of serious accidents, including auto accidents, motorcycle accidents, pedestrian accidents, and bike accidents. If you or a loved one was involved in an accident that you suspect may have been caused by poor road design, it’s critical to contact an auto accident lawyer as soon as possible.

 

It can be difficult to determine and prove whether poor road design caused your accident, often requiring a thorough investigation and evaluation by accident reconstruction specialists and engineers. An attorney can help you gather evidence, locate witnesses, and consult with the necessary experts.

 

A lawyer can also help you identify the party responsible for your accident. This is often a challenging task, since multiple parties may be involved. Through research and investigation, your attorney can help you determine whether the dangerous roadway as the responsibility of a private contracting firm, the local government, or the federal government.

 

Florida Car Accident Attorney

Regardless of who or what caused your accident, the consequences of an auto accident can be devastating for you and your family. By filing a claim against the responsible party, you can secure much needed compensation for medical bills, repairs, lost wages, and overall pain and suffering. You will also bring attention to a dangerous roadway, which can prevent similar accidents from happening in the future.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Boca Raton Auto Accidents

Florida is the Worst State to Get Into a Car Accident

Boca Raton Auto Accidents
Recently, Florida has been ramping up efforts to make our roads safer. From installing new, easier SunPass payment systems across the state to passing harsher distracted driving laws, the Florida justice system has noticeably been trying to lessen the number of automobile accidents that occur statewide.

 

Unfortunately, these efforts do not seem to be coming fast enough. Florida has been dubbed one of the top 10 states with the worst drivers, and our crash statistics are nothing to be proud of. Now, despite Florida’s best efforts to turn over a new leaf of traffic safety, a recent study from WalletHub has found one more defect in Florida’s approach to road safety.

 

According to the study, Florida is the worst state in the country to get into an automobile accident.

 

[clickToTweet tweet=”Despite the fact that it is illegal in Florida to drive without insurance, 23.8% of Florida drivers are uninsured.” quote=”Despite the fact that it is illegal in Florida to drive without insurance, the study found that 23.8% of Florida drivers are uninsured.”]

 

Additionally, Florida has a very lax minimum liability coverage requirement. This not only makes matters worse for drivers responsible for accidents, but even more so for the innocent drivers that they hit.

 

The Insurance Debacle

 

Auto Accident Attorney Boca Raton

 

One of the most important revelations from WalletHub’s study is a problem that Floridians have been avoiding for too long—the problem of minimum liability coverage. Unlike many states, Florida does not require most of its drivers to have bodily injury liability (BIL) coverage (that is, insurance coverage that protects other drivers in the event that you cause an accident).

 

The exception here is that certain drivers can be ordered to have BIL coverage, particularly if they have been involved in accidents before. But even in those cases where BIL coverage is mandated, Florida only requires a minimum coverage of 10/20. This means that if you cause an auto accident, your insurance company will only be required to pay $10,000 for each person whose injuries you caused, and no more than $20,000 total.

 

For reference, compare these numbers to Alaska, which is one of the highest-ranking states in the nation according to the WalletHub study. Alaska’s BIL coverage is 50/100, meaning that in the event of an accident, an insurance company will pay up to $50,000 for each individual, not exceeding $100,000. Comparatively, Florida’s requirements barely even register.

 

To be fair, Florida does encourage drivers to include BIL coverage in their insurance packages. Since it is optional, though, many drivers will opt out of including BIL coverage in the interest of saving themselves some money.

 

The Risks of Lax Insurance Coverage

 

By allowing drivers to get on the road with such low insurance coverage, the state of Florida is essentially letting drivers shirk their responsibilities to themselves and other innocent people on the road, including cyclists and pedestrians. In bad accidents that result in serious bodily injury to others, Florida’s mandated minimal coverage will not be nearly enough to cover the costs of medical bills and other associated expenses.

 

This means that the other person, the driver who had nothing to do with the accident but who merely suffered the consequences of being in the wrong place at the wrong time, has to foot the rest of the bill. It also means that everyone else—that is, all citizens of Florida who actually pay for insurance—will have to pay more.

 

Insurance supplements like bodily insurance liability benefits may seem unnecessary to drivers, but car insurance is something that works on a large scale. In order for all citizens to benefit, all citizens must pay into it. Unfortunately, as long as adding BIL coverage will mean higher monthly payments for drivers, plenty of people will continue to opt out of it if given the choice. This means that many people, if they are struck by an uninsured driver in Florida, are simply out of luck.

 

What This Means For You

 

West Palm Beach Car Accident Attorney

Florida’s low insurance coverage requirements may seem great for drivers who do not want to pay too much for insurance, but it can be devastating for other men and women they share the road with.

 

If you have been injured in an auto accident, you may be experiencing the effects of Florida’s lax insurance policies first hand. But do not let another person’s negligence cost you. If you have been in an accident and have suffered at the hands of a driver who did not have adequate insurance coverage, you should still be entitled to compensation.

 

Do not allow yourself to be a victim of Florida’s lax liability insurance laws. Fight back with a knowledgeable, experienced attorney to make sure you get the fair and just compensation that you deserve. Contact our law offices today to set up a free consultation and start getting your life back on track.

 

 

Will Florida's Recent Hit-and-Run Ruling Impact Injury Cases

Will Florida’s Recent Hit-and-Run Ruling Impact Injury Cases?

Will Florida's Recent Hit-and-Run Ruling Impact Injury Cases

A recent ruling in Florida might make it a whole lot harder for victims of hit-and-run crashes to get the justice that they deserve. The ruling states that drivers who are responsible for hit-and-run crashes cannot be prosecuted unless there is definite proof that they knew they had been involved in a crash.

 

This decision comes following the appeal of a case in which a Florida driver was convicted and sentenced to two years in prison after hitting a 22-year-old skateboarder with his truck. The teenager was dragged nearly 90 feet and was in a coma for weeks as a result.

 

Now, Florida’s Supreme Court has sided with the appeals court, which stated that the driver in this case may not have known that he hit the boy. The Supreme Court reasoned that in order for a felony conviction to be made in any case, the prosecution must be able to prove that the offender knew what he was doing and chose to willfully disobey the law.

 

What Does This Mean For You?

 

Florida is well known for a lot of things, but unfortunately road safety is not one of them. Each year, Florida sees 200,000 automobile accidents, thousands of which involve pedestrians. Worse still, the rate of hit-and-run accidents in Florida has been on the rise. In 2014, hit-and-run accidents were up by 23%.

 

Unfortunately, this recent ruling is a step backwards for Florida’s ongoing journey to make the roads safer for drivers and pedestrians. Although intended to protect the rights of drivers, the new ruling seems destined to backfire and could wind up leaving countless hit-and-run victims in the dust.

 

Do Not Be Discouraged—Your Case Matters

 

This new ruling may send the wrong message to Florida citizens: that hit-and-run drivers can be excused. The lawyers at The South Florida Injury Law Firm know that that is not true. This ruling will likely change the way that hit and run cases are handled in court. However, it does not mean that it is now impossible for hit-and-run victims to receive compensation for their resulting injuries and trauma.

 

Boca Raton Personal Injury Lawyer

On the contrary, it just means that your lawyer may have to do a little more investigative work. Maybe the driver responsible for the hit-and-run truly did not notice that he had been involved in an accident, but how could he have missed it? Was he distracted? Was he texting, toying with the radio, smoking, or talking on his phone while driving? Was he looking away from the road at the time? Maybe he was intoxicated or under the influence of drugs at the time of the accident, or maybe he was driving without insurance and so chose to flee the scene before cops could arrive. Whatever the scenario, you deserve a lawyer who will stop at nothing to uncover the truth.

 

Even though it may seem that the state of Florida is turning its back on victims of hit-and-run accidents following this, the lawyers at The South Florida Injury Law Firm will stand beside you and see to it that responsible parties are held accountable. If you have suffered personal injury as a result of a hit-and-run, do not let this new ruling prevent you from seeking the justice that you deserve and the compensation that you need to fully recover and get back to your normal life. Contact us today.

 

Boca Raton Auto Accident Attorney

Guest Post: Dolman Law Asks When a Car Crash Lawyer is Needed

Boca Raton Auto Accident Attorney

When do you need to hire an auto accident attorney? That’s the question that the Law Offices of The South Florida Injury Law Firm was asked by Matthew Dolman of Dolman Law Group, and it’s something that many of our clients have said they wondered about before contacting us.

 

Mr. Dolman wanted to get a range of responses from experienced car accident lawyers, so I decided to add my voice, as well. If you’d like to read the final post, which 13 different personal injury lawyers contributed to, check it out here: https://www.dolmanlaw.com/hire-car-accident-lawyer/