Generally speaking, a police department’s policy would be to not engage in a dangerous high-speed chase unless there is a serious danger to the community. In more cases than not, high-speed chases create more of a danger to the community than the leaving the criminal un-apprehended. In this case, that turned out to be true.

Departmental Policy Was Not Followed

Despite the fact that it certainly appears as though the officers did not follow the department’s own policy on high-speed chases, no reprimands have been handed down by the department. Nonetheless, the police cruiser chased an SUV driven by Lewis Franklin at 70 mph through residential neighborhoods. The chase ended when Franklin t-boned Washington’s car. The police said that they saw Franklin roll through a stop sign.

The man is suing the police department for negligence but is unlikely see anything near what the value of his case would be if it was not the police who were responsible for the accident. The State of Florida limits the liability of itself and those acting on its behalf to $200,000.

A typical traffic accident lawsuit involving these sorts of catastrophic injuries would generally run into the millions of dollars. Not only is Washington’s life destroyed, but he will never be able to work again and will require extensive medical attention for the rest of his life. He should be entitled to the lost wages, loss of employability, loss of consortium, loss of enjoyment, and pain and suffering, but he will barely get enough money to cover his medical expenses.

Other Restrictions on Claims Against the State

In addition to limiting the amount of money an injured party can recover from the state, the State of Florida also prohibits plaintiffs from suing for punitive damages. Individuals who were acting on behalf of the state are covered from individual liability unless they intentionally and maliciously harmed the injured party.

In addition, there is a specific procedure that needs to be followed when bringing a case against the state government. So not only are they more difficult to litigate, but they also have a smaller payoff. This, in fact, scares off a number of attorneys from taking these cases, which, of course, is the point.

Talk to a Miami Personal Injury Attorney

The Miami office of Alan Goldfarb P.A. has successfully recovered millions of dollars for injured clients. We are currently representing plaintiffs in the FIU bridge collapse. If you’ve been injured by another party’s negligence, give us a call or talk to us online. We can help.

Resource:

palmbeachpost.com/news/crime–law/man-sues-riviera-police-over-crash-that-severely-injured-him/fGEhP7rZmiHlBv3phcWrtI/

Although Florida is technically considered a no-fault state as far as auto insurance is concerned, those injured in auto accidents are allowed to file suit when their injuries are extensive or a death results from the accident. Since the young man was killed, his family was allowed to file a lawsuit against the woman on behalf of his estate.

Family Awarded $5 Million in Wrongful Death Lawsuit

The jury awarded Parke’s estate a $5 million judgment after it became apparent that the woman should not have been operating a motor vehicle. Evelyn Miozza, who is considered legally blind, also injured her passenger, identified as Shirley Silves. The passenger died three months later.

Highway Patrol conducted an investigation and found that Parke was speeding, doing over 20 mph over the speed limit for the area. Nonetheless, the jury found that Miozza was over 85% responsible for the accident

Police Reports aren’t Always Accurate

The police report stated that Parke’s speed was a major factor in the crash. Miozza was not cited for the incident. The police found that Parke’s reckless driving was the primary cause of the accident. They said that he was not only driving too fast, but he was weaving in and out of traffic and following other vehicles at an unsafe distance.

But attorneys discovered that Miozza had no way of seeing the young man. It became apparent to them during Miozza’s deposition that there was a serious problem with her vision. She was incapable of reading a map that was placed right in front of her.

The accident occurred as Miozza was attempting to make a left-hand turn. During the turn, her vehicle collided with Parke’s resulting in his death. The police erroneously assumed that because the victim was a young man on a motorcycle, that he was to blame for the accident. That did not turn out to be the case.

Attorneys for the family pushed to get Miozza’s vision records. It was discovered that not only was the woman legally blind without her glasses, but she suffered from debilitating cataracts that her doctors had recommended she have surgery to correct. Despite her doctor’s recommendations, Miozza elected to forestall the surgery and a young man died as a result of that decision.

The jury awarded his family and estate $5 million for their loss. The family now hopes that the State of Florida will issue tougher restrictions on drivers who are not qualified to operate a motor vehicle.

Talk to a Miami Traffic Accident Attorney Today

If you’ve sustained serious injuries in a car accident, you’re entitled to sue. If you’ve lost a loved one in a car accident, you’re also entitled to recover damages. Give the Miami personal injury attorneys at the office of Alan Goldfarb P.A. a call or contact us online for a free consultation.

Resource:

news-press.com/story/news/crime/2018/09/07/driving-florida-stricter-restrictions/1198005002/

Florida and Michigan remain two states that still use PIP.

The Theory Behind No-Fault Insurance

Once upon a time, no-fault insurance was all the rage. Many were dissatisfied with tort-based systems that resulted in lengthy and expensive court battles. Mandatory PIP for drivers was supposed to change all that and usher in a new era of easy claims and less pressure on the courts.

Many states still allowed drivers the right to sue negligent drivers under certain circumstances. Florida was among them. One Florida driver may sue another in the event that they’ve sustained serious or permanent injuries.

Why Detroit is Suing Over No-Fault Insurance

Detroit mayor, Mike Duggan, has filed a lawsuit in Federal Court against the Michigan Department of Insurance director, Patrick McPharlin. Among the allegations leveled against Michigan’s no-fault insurance system:

• Auto insurance rates are excessively high
• Requires unlimited personal injury protection benefits
• No fee schedule for medical services
• Makes it easy for medical providers to defraud insurance companies

While having “unlimited” protection may sound like a good thing, Michigan residents end up paying nearly twice the national average for car insurance.

According to the lawsuit, the plaintiffs are asking that the state modify the current no-fault insurance laws or repeal them entirely and go back to a tort-based system.

Suing a Negligent Driver Under Florida’s No-Fault System

Just because Florida forces drivers to carry PIP or no-fault insurance doesn’t mean that drivers are free to drive negligently. Indeed, lack of accountability is one criticism that no-fault insurance can’t seem to shake. Nonetheless, there are some circumstances under which the victim of negligent driving can initiate a lawsuit in Florida. These include:

• Severe disfigurement
• Bone break or fracture
• Permanent impairment
• Complete disability for over 90 days

In this case, a permanent impairment means the permanent loss of a limb, the functioning of a body part, blindness, traumatic brain injury, or other permanent condition that resulted from the injury.

In some cases, the driver will actually carry bodily injury liability insurance. In other instances, you will have to sue the driver directly in court.

While Florida’s no-fault insurance leaves a lot to be desired and legislators perennially consider repealing it to go back to a tort-based system, Floridians may always take solace in the fact that at least it’s not as bad as Michigan’s.

Contact a Miami Traffic Accident Attorney Today

If you’ve sustained serious injuries in a traffic accident, Alan Goldfarb and his team in Miami can help you recover damages from the negligent party. Give us a call or contact us online for a free consultation.

Resource:

https://www.usnews.com/news/best-states/michigan/articles/2018-08-24/detroit-mayor-residents-sue-over-no-fault-insurance-law

Overview of Respondeat Superior

An employer can be held liable for the negligent harms inflicted by an employee if those harms occur within the scope of the employee’s work duties. This liability extends to the employer through a legal doctrine known as respondeat superior. In effect, the employee is an extension of the employer when they are operating a company-owned vehicle and engaged in work-related tasks.

Scope of Employment Critical

Many companies try to circumvent liability in these cases by asserting the employee was not operating within their scope of employment when the collision occurred. They may try to find evidence that the employee was using the company vehicle to run a personal errand or was operating the vehicle outside regular work hours.

Courts have cited the following factors that are considered when analyzing a claim of respondeat superior and a defense that the employee was operating outside the scope of their employment:

• When the accident occurred (e.g., was it at 11am during the work week, or at 3am on the weekend?);
• The specific job description and type of job duties the employee is responsible for;
• Where the employee was traveling at the time of the accident; and
• The policy for using the company vehicle that was in place when the wreck occurred.

Employer Likely to Put Up a Fight In These Types of Cases

Do not be surprised if an employer rebuffs any efforts to resolve an injury claim involving a negligent employee via settlement. Employers are often willing to litigate these claims, especially if the financial restitution sought is large due to the fact that the claimant suffered a debilitating bodily injury like a head wound, spinal cord damage, nerve damage, broken bones, and/or torn ligaments.

This is why it makes sense to hire an experienced and skilled Miami auto accident lawyer to fight for you. Lawyers are ready and prepared to hold a negligent employer accountable and will take immediate action to investigate the collision, obtain vital evidence, and file the necessary legal paperwork. In most cases, your lawyer can file a claim with the employer’s insurance company and deal with a claims adjuster rather than dealing with a supervisor or manager within the actual company. This can oftentimes help expedite the settlement process.

Contact a Miami Auto Accident Attorney Right Now

Do not delay in taking legal action. There is a statute of limitations that applies to all civil actions in Florida and across the country. Waiting to hire an attorney only exposes you to the risk of missing this important statutory deadline. Contact the experienced Miami car accident attorneys at the office of Alan Goldfarb, P.A. today to schedule a free case review.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXVII

So it often happens that those driving without insurance cause accidents. Without liability insurance, who pays for damage caused to your vehicle, yourself, and your passengers?

Florida Law Mandates that Drivers Have Car Insurance

In order to legally drive in the state of Florida, a driver must have car insurance. Those that don’t are not only subject to the civil damages of paying for the damage to your car and medical injuries, they are also subject to legal ramifications of driving without insurance coverage. They can have their license revoked or suspended.

In addition, Florida requires all drivers to carry a minimum full liability policy that includes the following:

• Bodily injury liability limit of $10,000 per person, $20,000 per crash, and $10,000 for damage for property damage

Collecting from Drivers that do not Have Car Insurance

Since Florida is a no-fault state, the majority of an accident claim will be paid out by your car insurance agency. Insurance companies generally cover around 80% of your personal injury expenses. This includes medical bills and other expenses related to your injury.

When the other individual is at fault, the remaining 20% is covered by the other individual’s insurance policy. When the other individual is uninsured, the last remaining option is to sue.

Suing to Recover Damages on an Uninsured Driver in Florida

In certain instances, suing to recover damages from a car accident can be a valuable option for a driver who is injured by another driver and has significant medical expenses as a result. Furthermore, an uninsured motorist has no protection from a tort case in which they are named as a defendant.

One issue that those suing to recover damages often face is that the uninsured party is not in a financial position to pay back the damages they caused. In this case, a payment schedule can be negotiated that does not put the defendant in a position of financial hardship.

The Defendant is Considered a Debtor in Florida

If the defendant is non-compliant in repaying the settlement, there are a number of ways an individual can collect on a claim. These include:

• Garnishing the defendant’s wages
• Putting a lien on their non-homestead real estate
• Seizing personal property via a levy
• Garnishing the defendant’s bank account

You may also attempt to suspend the uninsured motorist’s license until the settlement is paid in full.

In other words, you don’t simply have to eat the bill when an uninsured motorist causes you physical harm that results in unpaid medical expenses and loss of work. You are entitled to compensation. If you have unpaid medical expenses caused by an uninsured driver, call an attorney at the office of Alan Goldfarb, P.A. in Miami at 305.371.3111, and we’ll get you the settlement you deserve.

Resource:

flhsmv.gov/ddl/frfaqcrash.html

House Bill 33 would give Florida police officers the authority to stop motorists when they are spotted texting while driving.

Florida Lagging Behind the Rest of the Country

Florida is one of only a handful of states where police officers are not able to pull over a driver who is seen texting and driving. Distracted driving is categorized as a secondary offense, which means officers can only issue a citation for texting when a motorist is first pulled over for other traffic violation (e.g., speeding, non-functioning tail light, etc.). According to the Miami Herald, 14 states and Washington, D.C. prohibit motorists from using mobile devices when driving at all times.

House Bill 33 Still Has Legislative Hurdles to Overcome

As mentioned, House Bill 33 would allow Florida police to ticket motorists who were engaging in texting while driving and no other offense needs to have occurred. Though, House Bill 33 is not law yet. It must still pass through two more panels in the Florida legislature.

Texting While Driving is a Major Safety Issue

The reason states are passing laws prohibiting the use of cell phones while driving is because of the clear evidence showing the dangers of distracted driving. For example, according to the Florida Department of Highway Safety and Motor Vehicles, close to 50,000 automobile accidents in the Sunshine State were caused by distracted driving in 2016. If that was not bad enough, more than 200 of these accidents resulted in someone losing their life. The Virginia Tech Transportation Institute released a study showing that distracted drivers were more than twice as likely to be involved in an accident than other motorists who were not distracted.

Pursuing Financial Restitution Against a Distracted Driver Who Injured You

If you or a family member was involved in a car crash caused by a distracted driver, you can take

legal action to hold them accountable. This is because all motorists in Florida have a legal obligation to operate their cars, trucks, SUVs, etc. in a reasonably safe manner. Texting while driving is a clear violation of that duty and would constitute a breach of duty. If the distracted driver’s breach of duty proximately caused your accident, you can hold them liable for your harms and losses. This would enable you to seek compensation for the economic and non-economic harms and losses you

suffered as a result of the crash including:

• Medical expenses (incurred and future expenses)
• Lost wages (including potentially future earnings)
• Pain and suffering
• Punitive damages (depending on the facts of your case)

Do You Have Questions About Your Legal Rights After a Car Accident with a Distracted Driver? Speak to a Miami Car Accident Attorney

If you or a family member suffered a serious injury in a car accident in or around Miami, our personal injury law firm is ready and able to assist in pursuing compensation for you. Contact the experienced Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free consultation.

Resources:

wsvn.com/news/local/bill-to-ban-texting-while-driving-moves-forward-in-florida-house/

miamiherald.com/news/politics-government/state-politics/article188131609.html

The operator of a 2009 Chrysler approached the intersection of University Drive and Johnson Street when they crashed into three other vehicles that were stopped at a red light. Reports indicate that three passengers in one of the hit vehicles suffered injuries and had to be transported to Memorial Hospital, according to the Sun-Sentinel.

Unfortunately, serious car wrecks are fairly common in and around Florida. In fact, according to the National Safety Council, car wreck deaths increased by 43 percent during the first six months of 2016 when compared to the same data from 2014.

Nationally, the numbers are not much better. Traffic deaths increased by nearly 10 percent for the whole country in the first six months of 2016 compared with the same period in 2015, according to the Tampa Bay Times. Approximately 19,100 people died on roads and highways in the United States during the first six months of 2016. That’s roughly 18 percent more than two years ago. If that was not bad enough, close to 2.2 million people reported suffering serious bodily injuries in the first half of 2016.

What To Do If You are Hurt in a Car Accident

If you or a family member was seriously injured in an automobile collision caused by the careless or reckless actions of another driver, you have the right to pursue financial restitution for your harms and losses. In Florida, you can access an immediate source of financial recovery through Personal Injury Protection (PIP) benefits. All Florida residents are legally obligated to carry PIP benefits under their auto insurance policy.

This is because, under Florida Statute § 627.730, the Sunshine State is considered to be a “no fault” jurisdiction. Basically, this means an auto insurance company is generally obligated to cover certain medical expenses and lost wages up to a specific amount, regardless of which driver was considered to be at fault for causing the wreck.

Unfortunately, the PIP laws in Florida have been modified in recent years to be less generous and more restrictive in the types of treatment, and injuries, will be covered. For example, most drivers are only required to carry up to $10,000 in PIP benefits. This means if your harms and losses exceed $10,000, you will need to take legal action through a personal injury claim to be fully reimbursed for your damages. If you file a personal injury claim, you can seek monetary compensation for:

• Lost income
• Hospital bills
• Rehabilitative care expenses and prescription medications
• Pain and suffering

Contact a Miami Car Accident Lawyer Now

Contacting a Miami car accident attorney is the right decision because it is a low risk, high reward proposition. It is low risk because a personal injury attorney does not charge you anything for a consultation and most injury attorneys work on a contingency fee basis, meaning they only get paid when you get paid. Reach out to Alan Goldfarb, P.A. today to learn more.

Resources:

sun-sentinel.com/local/broward/pembroke-pines/fl-sb-pembroke-pines-four-car-crash-20171216-story.html

tampabay.com/news/publicsafety/accidents/florida-near-top-of-list-as-traffic-fatalities-nationwide-continued-to/2290645

As a result, thousands of Floridians encounter a precarious situation – getting involved in a serious car accident with another driver who has no auto insurance. If you find yourself in this situation, it can be quite stressful and overwhelming. You, or a loved one, may be seriously injured and no apparent recourse to pursue financial restitution from the at-fault driver.

Personal Injury Protection Benefits

If you were injured by an uninsured motorist, do not give up hope. Florida is a “no-fault” insurance state. Basically, this means you can access your own auto insurance policy to obtain financial benefits to help cover medical expenses and lost wages associated with the collision. These financial benefits are known as “Personal Injury Protection” (PIP) benefits.

It is nice to be able to access financial support shortly after an accident, but there are a number of limitations associated with PIP benefits. The biggest shortcoming of PIP is that most people have $10,000 in PIP benefits. That means if your injuries are extensive and leave you with hundreds of thousands of dollars in damages, your PIP benefits will only cover a tiny percentage of your harms and losses.

Thoroughly Examine Your Auto Insurance Policy

If you suffered serious injuries and exhausted your PIP benefits after an accident with an uninsured motorist, the next important action is to examine your auto insurance policy to see if you have any other forms of supplementary auto insurance coverage. Most insurance companies allow people to purchase additional coverage such as Uninsured Motorist Coverage (UM) and Underinsured Motorist Coverage (UIM). These supplementary forms of auto insurance coverage are available to address this exact scenario. You can access them if you are involved in a collision with a motorist lacking any auto insurance and it will enable you to get financial compensation for damages above and beyond your PIP benefits. For example, if you suffered $25,000 worth of damages and your PIP benefits covered the first $10,000, you could then access your UM coverage to get compensated for the remaining $15,000 in damages. UIM coverage is something you can access if the other driver has auto insurance, but they have a bare bones policy that is insufficient to compensate you for all of your harms and losses.

You are not legally required to purchase uninsured or underinsured motorist coverage. Nevertheless, it is strongly advised that you consider purchasing some form of UM and UIM coverage to ensure you and your family are protected against an uninsured motorist accident.

Speak to a Miami Car Accident Lawyer Today

If you or a family member was seriously injured in an automobile collision, you are probably feeling overwhelmed and have a myriad of questions about your legal rights. We are here to help. Contact the experienced Miami injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free case review.

Resource:

iii.org/fact-statistic/facts-statistics-uninsured-motorists

Two Week Window

If you are planning to apply for PIP benefits, you need to obtain treatment for your bodily injuries within two weeks of the accident. If you wait any longer, your PIP claim can be denied.

PIP Does Not Cover All of Your Damages

Even if you qualify to get PIP benefits, it is important to understand that it will not cover all of your harms and losses. For example, PIP will cover only 80 percent of your medical bills and 60 percent of your lost wages.

PIP Does Not Coverage Every Injury

In addition to limiting the amount that is covered, PIP does not offer the same level of compensation for all injuries. In fact, you need to have a serious medical condition to gain access to the full amount of PIP benefits. If you don’t have this type of condition, your PIP benefits will be limited to $2,500.

If you suffered serious injuries, there is a good chance that $2,500 will not properly compensate you for your harms and losses, which is why it may be necessary to file a personal injury claim. When you hit the cap on your PIP benefits, take the time to speak to an experienced Miami car accident attorney to discuss your legal options.

PIP Does Not Cover Every Treatment

Along with limiting the types of injuries that are compensated under PIP, there are limitations on the types of treatment that will be reimbursed. For example, if you visit an acupuncturist or massage therapist, those treatments are not covered under PIP.

You May Be Asked To Undergo an IME (Independent Medical Examinations)

In Florida, auto insurance companies have a right to request an insured filing an injury claim to undergo a medical exam that is conducted by a medical professional selected by the company rather than by you.

During the IME, it is critical that you do not agree to anything or consent to something your lawyer has not had a chance to review (e.g., documents).The only exception would probably be a schedule form indicating  you’ve arrived at the medical office. If you have questions during the IME, be sure to speak to your Miami car accident lawyer. It is also important that you do not discuss your case with the doctor.

Speak to a Miami Car Accident Lawyer Today

Navigating the PIP claims process can be confusing and, as you can see, features a myriad of exceptions, loopholes, and limitations you need to be ready for when filing a claim. Let our team of Miami car accident lawyers help. The experienced attorneys will work tirelessly to make sure you receive the compensation you deserve after a serious accident. Contact Alan Goldfarb, P.A. today to schedule a free case review.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html

A 29-year-old man was driving on Cortez Boulevard when he failed to stop at a clearly marked stop sign and slammed into an unoccupied pickup truck that was parked across the street on Sunrise Boulevard.

Two children who were passengers in the vehicle suffered the brunt of the damage. A 9-year-old boy was killed and his 6-year-old sister suffered serious bodily injuries, including a broken left arm and right leg, that necessitated her being transported by rescue helicopter to St. Mary’s Medical Center in West Palm Beach, according to TCPalm. The 6-year-old child told police that the driver was going fast and they told him to slow down.

Driver Has Checkered Past

The reckless driver who caused this awful accident has a record that reflects his poor decisions and driving abilities. For example, he was cited in Miami-Dade County for careless driving and driving with a revoked Louisiana license in 2008. He also had his Florida driver’s license revoked in 2011 after being convicted for driving under the influence of alcohol or drugs.

What To Do After a Serious Car Crash

If you suffered a serious injury, or lost a loved one in a car crash, it is important to take action and retain the services of an experienced Miami car accident lawyer. Florida is a “no fault” state meaning you can gain access to financial compensation through Personal Injury Protection (PIP) benefits without an assessment of fault. However, if your damages exceed $10,000, you will likely need to file a personal injury claim against the at-fault driver’s insurance company. This is where an attorney can prove to be invaluable. An attorney can pursue financial restitution for the following types of harms and losses:

• Medical bills, which include the cost of emergency room care, surgery, physical therapy, prescription medications, etc. This also includes the cost of future medical care that you may need for months or years in the future.
• Lost income due to time you had to take off from your job to recover from your injuries. If you are unable to return to your job due to the extent of your injuries, you can pursue lost income that you would have been in the future (i.e. damages for lost earning capacity).
• Pain, suffering, mental anguish, and other forms of non-economic damages.

Injured in a Car Accident? Now is the Time to Contact a Miami Car Wreck Lawyer

If you or a family member was badly hurt in a car wreck caused by the carelessness of another driver, contact the experienced Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free case review.

Resource:

tcpalm.com/story/news/local/st-lucie-county/2017/12/28/driver-christmas-day-crash-killed-9-year-old-boy-had-license-revoked-after-dui/986833001/