Hit-and-Run Accident Kills Cyclist and Leaves One Injured

The Florida Highway Patrol is seeking assistance in locating the driver of a vehicle involved in a Vero Beach hit-and run-accident on Saturday, November 12th. According to News Channel 5 WPTV.com, in a news release issued by the Florida Highway Patrol, two bicyclists were riding their bikes on Saturday evening at approximately 9:35 p.m. on the 3900 block of 1^st Street SW, south of Vero Beach, when they were struck by an unknown driver. One of the victims, a 38 year-old, died at the scene of the accident, and the other victim sustained minor injuries, was treated and released at the Lawn Ridge Medical Center.

Also, according to the report, the bicyclists were traveling east when the vehicle, believed to be a black Toyota Camry or Solara, manufactured between the years 2007 and 2010, traveling in the same direction, partially left the road and hit the deceased victim. Continuing to travel south, the vehicle then collided with the second cyclist. The impact caused each of the cyclists to be ejected onto the south grassy shoulder of the road. The driver then left the scene of the accident.

This is devastating news and further disturbing when the wrongdoer is not taking responsibility for his or her conduct. Under Florida law, leaving the scene of an accident without providing your name, address, vehicle registration and driver’s license is considered a criminal offense which has serious consequences. Moreover, drivers who negligently operate a motor vehicle and causes injuries or death to another can be sued in a civil action. Under the negligence theory, Florida motor vehicle operators must exercise reasonable care during the course of driving, and failing to do so and causing the death or injury of another makes one liable for damages the victim incurs. There are unique legal claims involved in Florida hit-and-run collisions which may entitle a victim, or family members, the right to recover damages such as medical expenses, lost earnings; and pain and suffering.

Regrettably, Florida bicycle accidents  do occur and often results in serious personal injuries or death. In 2010, the Florida Highway Safety and Motor Vehicles’ (FHSMV) annual traffic crash statistics revealed there were 4,600 cyclists injured and 76 cyclists who suffered death when involved in a crash with a motor vehicle during the year. Although this represents a 29 percent decrease from 2009, each year in Florida, there are thousands of reported traffic crashes involving motor vehicles and cyclists, as reported by the FHSMV. This trend will likely continue since more individuals use bicycles for purposes other than for recreational use. The League of American Bicyclists reports that the 2010 American Community Survey compiled by the United States Census Bureau reveals during the years 2000 – 2010, there was a 40 percent growth in the number of American workers who use a bicycle as their primary mode of transportation to and from work.  If you are the victim, or a family member has been involved in a motor vehicle-bicycle crash it is important that you consult with a Florida car accident attorney  who can advise you of your legal rights.

Anyone with information regarding this fatal accident should contact the Florida Highway Patrol at 1-800-273-8477.

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Florida Insurance Fraud Grows Expensive

Enterprising criminals in Florida are using Florida’s no-fault insurance laws to game the system at the expense of ordinary policy holders. It’s the law-abiding citizens that are increasingly covering the costs of the growing Florida insurance fraud cottage industry and legislators must now face the issue of what to do to curb the problem. It is also the real victims of Florida car accident injuries who are given a bad name by this abuse. With insurance rates throughout the state soaring as a result of the fraud, the only question that remains is whether legislators with so many other priorities will carve out the necessary space to address the issue during next year’s legislative session.

Any practical solution should tread a narrow line and attempt to reduce the rampant fraud while preserving the no-fault insurance which was designed to protect victims of car accidents. A total repeal of the no-fault law would end up causing harm to the same innocent policy holders who are now being punished by the fraudsters’ misbehavior.

The statistics speak for themselves. Since 2004, the number of Florida drivers has been fairly constant. The frequency of car crashes has even decreased. Add together safety efforts and their increasing effectiveness, better seat belts, improved air bags, more aggressive enforcement by police officers, and the result should be reduced medical costs associated with auto accidents. What has actually happened is that the benefits paid by insurers under the state’s no-fault law, called PIP (personal injury protection), have jumped some 70 percent since 2008.

Florida Insurance Commissioner Kevin McCarty estimates the insurance fraud in Florida has led drivers to pay $900 million more in insurance premiums. One would expect the increased premiums to be a boon to insurance companies; on the contrary, insurers are hemorrhaging money under their PIP claims. For every $1 insurance companies collect they are paying $1.40 in claims. This despite some companies raising their PIP premiums by as much as 50 percent in recent years.

The typical automobile insurance fraud scheme in Florida goes as follows: Fraudsters realize that under the state’s no-fault law, monetary damages from an accident up to $10,000 are covered by each driver’s own insurance. Knowing this, the criminals then set about staging an accident. With the fake accident now having taken place, both sides go to an unscrupulous medical clinic and bill their insurers for up to $10,000 for a variety of procedures that were never obtained. Other fraud occurs when dishonest lawyers or medical clinics exaggerate injuries for victims from legitimate crashes to unload even more money from insurers.

Auto insurance fraud was initially a problem confined to South Florida. However, this has changed dramatically and with incredible speed. As the economy has soured, the prevalence of these scams has spread north to Tampa and Orlando. In 2010, Hillsborough County had an estimated 739 staged accidents; Orlando, 394; and Miami, 292. Though some of the criminals responsible for setting up these elaborate hoaxes were eventually apprehended many more were not.

Our Florida car crash attorneys know that though such crimes aren’t especially hard to investigate, the fact of the matter is that law enforcement is stretched thin with a multitude of priorities and lacks the financial and human resources to deal with so many questionable claims.

The increasing costs associated with auto insurance fraud in Florida has prompted some in the industry to push for a change. They have suggested that Florida abolish its no-fault system in favor of a policy that holds the negligent driver responsible. While talk of such change swirls around the state, Florida’s insurance consumer advocates want to ensure citizens and legislators alike don’t forget that the main purpose of no-fault insurance is to help innocent Florida car accident victims regain their lives as soon as possible after a crash. It remains important for all victims of actual area crashes to ensure that they visit with a Florida car accident attorney to learn about their rights and ensure they are protected.

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Florida Interstate-75 Car Accidents Injure Dozens of Local Residents

Statistics highlighting the frequency of Florida car accidents are alarming.  Each year anywhere from 250,000 to 300,000 crashes strike on our state’s roadways.  Thousands of drivers and passengers involved in those accidents are killed and many more suffer serious injury.  A close look at local driving figures reveals that the youngest drivers, those between 16 and 19 years old, are involved in more accidents than any other group.  In addition, more fatal accidents occur on weekend nights than at any other time. 

Our Florida car accidents lawyers know that certain highways within the state are also more prone to accidents than others.  For example, this weekend the Gainesville Sun reported on a rash of accidents on Interstate-75 that has only added to the highway’s reputation as a dangerous location that many residents avoid.  Earlier this month four people, including two children, were killed on I-75 in northern Marion County when a young driver accidentally veered onto the median and lost control of the vehicle.  The following day a pair of accidents on the same highway took the life of one area resident and injured fourteen others.  John H. Rogers was killed at the scene after losing control of his vehicle.  His two children who were also in the car with him at the time were seriously injured.  Later that same day, another accident involving eleven cars struck between mile markers 358 and 360.  More than a dozen of those victims were sent to the hospital with injuries.  

A few days later another Interstate-75 accident seriously injured a local resident.  A box truck was traveling on the highway just northing of Interstate-10 when it slammed into a parked vehicle on the side of the road.  According to authorities, the driver of the parked car, David Paul Chadwick, had properly pulled off the road due to a mechanical problem.  The driver of the box truck claims that a car cut in front of him suddenly, causing him to slam on his brakes and veer off the road.  The truck ultimately hit the disabled vehicle and seriously injured its driver.  The box truck driver was cited by the police for contributing to the accident.            

As these incidents demonstrate, Florida Interstate-75 accidents are frequent and often deadly.  Local officials explain that the roadway is particularly dangerous because of the speeds and the volume of cars and trucks that use it. Florida Department of Transportation investigators note that traffic volume on the interstate varies considerably, depending on whether an area is urban or rural.  However, while the speed limit is 70 miles per hour everywhere, many drivers travel much faster than that—often causing serious accidents.   Inclement weather increases the danger even more as rain makes the road slick and hampers visibility.

Some local emergency responders worry that the problem is only getting worse. There has recently been an increase in the total number of multi-vehicle crashes on the interstate, as opposed to one or two vehicle crashes.  This is often attributed to a general increase in traffic volume.  It is incumbent upon all travelers to take all possible precautions when using this dangerous highway.  However, even when exercising the utmost care it is possible to get caught in a crash.  When that occurs it is important for those involved to seek out a Florida car accident attorney to help guide them through the legal ramifications of the incident. 

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