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Florida’s distracted driving laws are weak, failing to protect motorists or deter violators, and are driving up auto insurance rates. 

That’s according to several reports released recently, including a three-part series by WTSP 10 News in Tampa. It’s well-established that Florida has one of the weakest anti-distracted driving laws in the country. It was one of the last states to pass a measure outlawing texting while driving, and it’s one of just nine states to make the offense secondary, meaning officers can’t stop a driver based solely on observing a violation of F.S. 316.305. Fines for violations are just $30 (littering carries a $100 fine), and they don’t result in any points on one’s driver’s license.

Approximately 3,500 Americans were killed in distracted driving crashes in 2015, and the number climbs each year. However, Florida leaders aren’t preparing to change that anytime soon, prompting WTSP reporters to delve into their reasoning why.  Continue reading →

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We all rely on bridges in everyday transportation in Florida, whether commuting for work or heading to church or just out for a fun family day. Bridges are not just historical and aesthetically valuable to our skylines – they are integral to modern transportation.

However, there is growing concern that a number of these structures are not actually safe. Not all are built with parts or structural integrity that are entirely sound. Even those that are can degrade and erode over time with exposure to the elements. Some sustain more severe damage in natural disasters, such as hurricanes and tornadoes.

Recently, the Washington Post developed a user-friendly, searchable database using figures from the National Bridge Inventory, breaking down which areas have the highest percentages of structurally deficient bridges that pose the greatest risk to drivers.  Continue reading →

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When the negligent actions of an employee acting in the course and scope of that employment result in injury to a third party, that individual has a few different avenues he or she may pursue for recovery of damages. 

The first involves seeking accountability of an employer per the doctrine of respondeat superior, which is Latin for, “let the master answer.” Under this rule, it isn’t necessary to show the employer was personally negligent in any way, only that it employed someone who acted in a negligent manner while on-the-job, thus resulting in plaintiff’s injuries. The second way involves asserting direct liability of the employer. That means plaintiff is arguing employer was in some way directly negligent for what happened. Some possible claims that fall under this category would be: Negligent hiring, negligent supervision, negligent vehicle maintenance, etc.

Courts in different states have reached different conclusions about whether injured parties should be able to pursue both types of claims if an employer concedes vicarious liability. For example, the Tennessee Supreme Court rejected the so-called “preemption rule” last year. The court held comparative fault could still apply for direct negligent claims when an employer had already admitted vicarious liability for a plaintiff’s injuries.  Continue reading →

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Three years ago, Florida lawmakers altered the standards for admissibility of expert witness testimony in the courtroom. We went from being a “Frye” state (based on the 1923 precedent in Frye v. U.S.) to a “Daubert” state (based on the 1993 case of Daubert v. Merrell Dow Pharmaceuticals, Inc.). 

The latter is a more stringent standard of weighing scientific methodology. This change has had a profound impact on civil litigation in Florida, requiring that expert witness testimony (needed in so many cases, from medical malpractice claims to car accident injury lawsuits) be thoroughly vetted. The Frye test required that the methodology or theory from which a scientific deduction was made had to have gained acceptance in that particular field. Daubert, meanwhile, the judge is responsible for being the gatekeeper of the expert witness’s qualifications and also ensuring that the testimony is both relevant and reliable. With regard to methodology, this generally means the court has to consider whether the theory or technique has been or can be tested, whether it has been subject to peer review, what the known or potential rate of error is and whether the theory is generally accepted in the relevant scientific community.

In a recent product liability case considered by the U.S. Court of Appeals for the Fourth Circuit, justices reversed a $3 million award in favor of the plaintiff after finding the trial court judge failed to perform the proper gatekeeping duties with regard to plaintiff’s expert witness. Further, without that testimony, plaintiff did not have enough evidence to prove his claim, and therefore justices issued an order remanding the case for entry of a judgment in defendant car manufacturer’s favor. Continue reading →

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A 37-year-old man on a bicycle was killed in a hit-and-run accident in Rockledge, about an hour east of Orlando. 

WESH NBC-2 reports an alleged wrong-way driver was traveling west bound in an eastbound lane when he struck the bicyclist. He then exited the vehicle briefly, then got back in and drove away, according to a witness. He then came back a short time later, with police at the scene. He was reportedly very emotional and apologetic, but his apologies could not save the life of the man he’d struck. The cyclist was soon thereafter pronounced dead.

While the driver faces serious felony charges, the question of what legal options the family may have in this case still lingers. We don’t know much about the victim, other than his age and gender. However, we do know that bicyclists in general are at great risk in Florida. The most recent Dangerous by Design report indicates 8 of the top 10 most dangerous metro regions for pedestrians and bicyclists are in Florida. The Orlando-Kissimmee-Sanford area ranks No. 3.  Continue reading →

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Back in the 1970s, lawmakers in Florida sought to reduce the burden that constant car accident lawsuits imposed on the courts. That’s when they devised a system of no-fault benefits that every driver was required to purchase, called personal injury protection benefits, or PIP insurance. It’s intended to serve as a basic level of medical coverage for individuals who are injured in car crashes – no matter who is at-fault. 

The law requires drivers to buy a minimum of $10,000 in PIP protection, and only if their damages exceed that amount or if the injuries are debilitating, permanent or scarring can those injured seek compensation outside of that system, per F.S. 627.736. Drivers here also aren’t required to buy bodily injury liability insurance (though it’s usually a good idea).

But now, legislators say they are going to be rethinking Florida’s PIP no-fault auto insurance this spring. A study commissioned by state leaders shows that if the PIP system were tossed, drivers would save an average of $80 on their policies. That doesn’t sound like a ton, but of course Florida has some of the highest auto insurance rates in the country and we’ve also got one of the highest rates of uninsured drivers – 1 in 4. Meanwhile, the cost of PIP benefits has soared in recent years, climbing 14.4 percent between 2013 and 2014 and then again by 25.7 percent between 2015 and 2016.  Continue reading →

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In the first nine months of 2016, traffic deaths rose 8 percent compared to the same period from 2015. During that time, nearly 28,000 people were killed in car accidents. In the first three quarters of 2015, there were 25,800 people who died. 

Many people have looked for an explanation for what’s happening, and there are several. One of the most popular theories is that more people are traveling the roads and for longer distances, thanks to the economic recovery. Certainly, there is some truth to this. We do know that people are traveling more. But when we look more closely at the data, that doesn’t account for the entire trend. That’s because, as the National Highway Traffic Safety Administration points out, vehicle miles traveled from Jan. 1, 2016 through Sept. 30, 2016 were up 3 percent as compared to that same time frame the year before. So we have a 3 percent uptick in vehicle miles traveled and an 8 percent increase in the number of people dying in car accidents.

Something more is going on, and it’s especially concerning when you consider that cars manufactured today are safer than ever. While it’s true we’ve seen record-setting auto recalls in recent years, much of that involves the auto industry catching up with years of failing to recall vehicles with serious defects they should have set straight many years earlier. Meanwhile, we have cars that come standard-equipped with rearview cameras, electronic stability control, blind spot monitoring, automatic emergency braking and adaptive cruise control. All of this to say: Driving should be safer than ever, yet it’s not.  Continue reading →

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Car insurance is essential. It’s mandated in all states, to varying degrees, but it ensures that when we are involved in a car accident, those damages will be covered, whether that is through no-fault personal injury protection (PIP) benefits or through bodily injury liability coverage from the at-fault driver’s insurer. Other times, it’s derived from uninsured/ underinsured motorist (UM/UIM) coverage, which protects those who are insured in case they are struck by someone who lacks insurance or doesn’t have enough insurance to cover the full extent of the damages. 

Previous reports in Florida show that 1 in 4 drivers in the Sunshine State are driving without any insurance at all. A far greater number are driving on only the minimum amount of coverage mandated by law.

Now, a recent study by the Federal Insurance Office reports that millions of Americans live in regions where car insurance is not affordable. The agency looked at auto insurance premiums for basic liability coverage of motor vehicles in some 9,000 zip codes that have a high number of “under-served” consumers – including those with low to moderate incomes and those who are minorities. What they discovered was that the rates were not affordable in 845 of those zip codes analyzed. That’s approximately 9 percent of those areas, which equates to about 19 million people nationally.  Continue reading →

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The Sunshine State has a vast number of amazing qualities – but the safety of its roads apparently isn’t one of them. 

The newest report from SmartGrowth Design, Dangerous by Design 2016, details Florida’s abysmal rates of pedestrian deaths, relative to the number of people who walk to work. This year, researchers combed through data of 104 cities across the countries. Eight of the nation’s top 10 most dangerous cities are in Florida, as is No. 11. While the national average rate is 52.4, the top metro area in Florida – the Cape Coral/ Fort Myers region – had a rate of 283.1. Orlando-Kissimmee-Standford metro region ranked at No. 3 with a rate of 235.2.

What that means is when it comes to pedestrian deaths in Orlando, our ranking is 350 percent higher than the country’s average.  Continue reading →

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There simply aren’t enough truck drivers in the U.S. to meet the increasing demands of the transportation and shipping industry. By some accounts, there is a shortage of nearly 50,000 drivers. In an attempt to fill the void, many trucking companies are actively recruiting retirees. 

At first glance, this seems like a great solution, particularly as Baby Boomers are living longer than in generations’ past and have ample knowledge and experience in a wide range of fields. The problem is that driving – particularly operation of a big rig – requires a certain degree of physical and mental stamina that may be challenging to those over a certain age. Older drivers may struggle with worsening vision (particularly at night), reduced reflexes, waning hearing and in some cases cognitive decline. All of these could prove disastrous for a trucker.

CBS News launched a study that looked at truck accidents involving drivers over the age of 65. What they found was that between 2013 and 2015, more than 6,630 trucking accidents were caused by truck drivers who were at or past the retirement age. It should be noted that this figure only tallied crash reports from 12 states, so the actual number is much, much higher. The study also showed that in the last couple years, the percentage of crashes involving drivers in their 70s and older spiked by nearly 20 percent. That includes both commercial truck and bus drivers, and should be cause for concern and further analysis.  Continue reading →

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