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

According to reports, the woman was “lying in the street” when she was run over by Duane Simmons. The accident happened at 3 am and Daytona Police Chief, Craig Capri said he believed that the driver of the vehicle did not even know that he had run over someone. The police chief also indicated that the victim, Dawn Klenk, was a known transient who was likely to have been intoxicated at the time of the accident. While the details are unclear, witnesses said that woman was lying in the street when struck by Simmons’ vehicle.

Police say that it’s unlikely that the driver will face any charges.

Hit and Run v. Unfortunate Accident

While witnesses described the incident as a hit and run, they also said that the woman was lying in the middle of the street. The driver claimed that he had no idea that he had just run over another person. He was told about the situation later. The driver was in a larger SUV and the lighting wasn’t great according to the police chief. Still, after running over something as large as a person, most might be inclined to see what it was that they had run over.

Duty of Care in Negligence Lawsuits

No family members have stepped forward thus far to file a lawsuit on behalf of the deceased woman. But if they did, it would be a tough case to litigate. Since she was lying in the middle of the street and probably intoxicated, the driver’s may not have a duty to anticipate that.

If a driver sees a pedestrian, they do have a duty to avoid an accident, but the driver does not have a duty to anticipate that there will be a pedestrian lying in the street. However, if the driver hits a pedestrian, they do have a duty to stop and ensure that the medics are called to take care of the situation. Leaving the scene of the accident could be enough to open the driver up to civil liability.

The Driver Knew or Should Have Known

So far, the Daytona Beach police investigation has led them to the conclusion that the driver of the vehicle “did not know” that he had just run over a pedestrian. While they have not entirely closed the case, they do not intend to pursue charges either. But civil liability is a different story entirely and standard of proof is much lower. If loved ones of the deceased were to file suit against the city for the accident, they would need to show via witness testimony that the driver was indeed aware that he had just run a person over and left the scene as opposed to rendering aid.

Contact a Miami Traffic Accident Attorney

Even though Florida is a no-fault state, you can still, under some circumstances, sue a negligent driver. Give the personal injury attorneys at the office of Alan Goldfarb, P.A. a call or contact us online for a free consultation.

Resource:

wftv.com/traffic/incidents/pedestrian-killed-near-daytona-beach-pier-police-search-for-truck-that-may-have-been-involved/814103498

Multi-Vehicle And Chain Reaction Crashes

Multi-vehicle accidents present many different issues than an accident that involves only one or two vehicles. These types of dangerous and often tragic accidents are often referred to as chain reaction accidents, even though the terms are not necessarily interchangeable. However, both multi-vehicle and chain reaction accidents come with multiple chances of threats to the safety of those involved. Not only do victims have the chance of being injured in the initial crash, but they can have the additional risk of being injured in subsequent impacts by additional vehicles. In just a brief period of time, the entire roadway can become a confusing obstacle course as drivers struggle to avoid also being involved in the collision. Chain reaction crashes comprise a significant percentage of all traffic accident deaths, as often they occur on busy highways and interstates with heavy traffic.

The Statistics

According to statistics gathered and provided by the Insurance Institute for Highway Safety, Highway Loss Data Institute, in Florida as well as in many, if not most, other states nationwide, fatalities suffered by accident victims of multi-vehicle accidents accounted for approximately half of all accident-related deaths in 2015. Notable exceptions to this trend include the District of Columbia, Montana, and Maine, all of which had significantly higher percentages of fatalities which resulted from single-vehicle accidents.

Finding Fault Among Many

One of the challenges in handling the aftermath of a multi-vehicle or chain reaction crash is determining who is at fault, and to what extent they are at fault, for the accident. The more vehicles and drivers who are involved, the more difficult it can be to determine what role each driver played in the incident. Accident investigators will often look not only at the crash itself but at the history of the drivers involved in the accident, including whether or not they have any record of being ticketed for various infractions such as driving with a suspended license (or no license at all), reckless driving, speeding, following too closely, or drinking and driving.

Have You Been Involved In A Multi-Vehicle Or Chain Reaction Accident?

If you have been injured in a multi-vehicle or chain reaction accident, you need the assistance of an experienced attorney who can skillfully and competently assess each aspect of your case. These types of cases are often complex and complicated and require a high level of legal competency to ensure you obtain the best possible results. The Miami attorneys at the office of Alan Goldfarb, P.A. are here to help you receive the compensation you are entitled to for your injuries and losses. Allow us to use our experience to your benefit and get you the relief you need. Contact us now to set up an appointment at no cost or obligation to you.

Resources:

iihs.org/iihs/topics/t/general-statistics/fatalityfacts/state-by-state-overview

local10.com/traffic/multi-vehicle-crash-shuts-down-powerline-road-in-pompano-beach

Automated Enforcement

This technology was designed to enforce traffic safety laws. Citing concerns of speeding, running red lights, and unlawful turns, these “red light” programs have since evolved into tracking other kinds of driver behavior, such as:

• Speeding;
• School zone violations (crosswalks, etc.);
• Failure to stop at a stop sign;
• Toll violations;
• Unlawful blocking of intersections;
• Failure to yield to pedestrians; and
• Failure to obey railroad crossing warnings.

These enforcement techniques are controversial and often challenged by drivers. The plaintiffs in a recent Florida lawsuit seek $5 million in damages to reimburse drivers that have been issued red light citations. Much like parking tickets, red light and similar enforcement cameras and sensors are generally issued to the registered owner of vehicle, regardless of who was driving at the time of the infraction. Also controversial are cameras that actually photograph a driver’s face in addition to vehicle identification information, such as the license plate. Some feel that their privacy is being violated in these scenarios and have challenged the laws on that basis.

Automated Enforcement in Florida

According to the Insurance Institute for Highway Safety, Florida currently utilizes only red light technology on their roads. As is true in most jurisdictions, the citation is issued to the registered owner. The one good thing about these tickets is that they will not result in “points” on your driving record. Points are issued in Florida for speeding tickets or for accumulating multiple tickets within a designated period. Being issued a certain number of points within a certain limited time frame may result in your driver’s license being suspended. However, things such as red light tickets and parking tickets do not add points to a driver’s record in Florida.

Florida Driving Safety

Safe driving is the best way to avoid auto accidents that can have a potentially catastrophic, long-lasting impact on your life. Albeit controversial, these red light cameras are designed to help keep drivers safe on Florida roads. Unfortunately, no matter how careful you are, you cannot be responsible for the actions of other drivers. If you or anyone you know has been involved in an auto accident, you may be entitled to compensation for your injuries. Regardless of the circumstances surrounding the accident, it is critical that you understand your legal rights during this difficult time. Our experienced, knowledgeable, and understanding Miami car accident lawyers can help guide you through this process and assist you in reaching the best outcome for your unique situation. Contact Alan Goldfarb, P.A. to learn more about your legal rights today.