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Monthly Archives: July 2010

Fatal Pedestrian Accident Marco Island

The Naples Daily News reports that a fatal pedestrian accident occurred on Marco Island. According to the report and officials, a pedestrian was struck by a car while walking her dog. The fatal pedestrian accident occurred near Kendall Drive and Richards Drive on Marco Island, Florida.  The investigation is continuing.

TV Lawyer Referral Services: What’s Wrong With You?

The endless parade of TV commercials touting “lawyer and doctor referral services” leaves me wondering:  who calls these folks?  What is wrong with the people who do?

The actors say something like, “I’m not a doctor, and I’m no lawyer . . .” Really? Are you sure? Did anyone think you — the actor — were the attorney or chiropractor they would be calling?

Wow, the mindlessness of it all.  The referral service is a glorified phone bank.  An auto accident injury victim calls the “service” (aka telephone operator) and the operator reads from a prepared script seeking to steer you to a chiropractor and/or an accident lawyer.  Take your pick.

I used to think that only the non-serious auto accident cases would be processed through such means.  But, then I wondered:  would genuinely and seriously injured persons — harmed in an car accident or motorcycle accident — actually call these people?  Would they tempted by the actors ridiculous, and artificial, script of “I’m no lawyer, and I ain’t no doctor” but call this number . . .

The lawyers who are part of this service must pay a fee or something to participate.  I am not aware of any screening of attorneys or chiropractors who participate in these TV lawyer referral services. So, perhaps you the prospective client get what you pay for? Do you feel comfortable with this arrangement? Isn’t there a better way of finding a lawyer — and vetting that attorney — before you go calling an 800 number referral service?

I’m all for free speech in attorney advertising.  There really is no reason that lawyers should be prohibited or restricted in the ways we are when other professions and businesses are not.  It is basic economics — creating barriers to entry through marketing restrictions only helps a select few, and harms the rest by limiting choices and access.  I even believe these nonsensical ads should be left alone if the market (i.e. people call and use the services) demands them. Of course I’d like to see common sense prevail, and think reasonably intelligent people see through these ads. Yes, I think the ads are demeaning to the legal profession, but they are not the reason people don’t like attorneys.

But sometimes I wonder.

Fatal Crash Punta Gorda

According to the Herald Tribune, a 76 year old man was killed when he turned his car into the path of an oncoming pickup truck.

The Florida Highway Patrol reports that the fatal auto accident occurred near the intersection of Jones Loop Road and Taylor Road in Charlotte County.

Tire Tread Separation Death I-75 Bradenton

According to the Bradenton Herald, a 46 year old woman was killed in a rollover crash in Bradenton on Interstate 75.  The Florida Highway Patrol reports that the van was headed north on I-75, near the Sumter Boulevard interchange in North Port, when its left rear tire tread apparently separated.

After the tire tread separation, the driver lost control of the vehicle, which then rolled over.  This fatal Bradenton crash is the third tire tread separation accident in the Bradenton and Manatee County region in the past few months.  These tragedies have occurred, seemingly, because of tire blow outs, or where the tire’s tread actually separated from the tire surface.

Read more on aged tire accident and tire blowout accident.  See also, our Tire Safety Guide.

Drunk Driver Accident Attorney Serving Cape Coral, Ft. Myers, Lehigh, SW Fla.

Florida Drunk Driver Accident Attorney

Lee County Car Accident Lawyer

Drinking to excess and then driving is a clear example of negligence. It puts everyone on the road at risk of injury and wrongful death. Yet drunk drivers continue to injure and kill thousands of innocent motorists every year.

Have you been injured in an accident caused by a drunk driver? Was someone you love killed in an alcohol-related crash? Contact the Harris Law Firm to arrange a free consultation and case evaluation.

Harris Law Firm: Attorneys for Drunk Driver Accident Cases

I’m David Harris, trial attorney and personal injury lawyer.  I have years of experience representing people injured in DUI accident or drunk driver accidents. I know how to aggressively prosecute these cases in our civil justice system in an effort to maximize the financial compensation you receive for your damages, including medical expenses, pain and suffering, property damage and more.  These money damages are meant to compensate you.

Keep in mind that in drunk driving accident claims, punitive damages may be available.  These are money damages used to punish the drunk driver, as well as deter others, from engaging in this type of conduct.

Drunk Driving Accident Lawsuit

Don’t assume that the jury will automatically hear that the person who hit you was drunk. The insurance company’s lawyers will maneuver to keep evidence of their client’s drinking and driving out of court. Our attorneys will work to see that the jury hears all the facts so that our client receives justice.

Contact Us

To learn more about how we can help you recover financial compensation after a collision with a drunk driver, please contact the Harris Law Firm today.

From our office in Fort Myers, Lee County, Florida, our lawyers represent people who have sustained injuries in drunk driver accidents throughout the region, including Cape Coral, Ft. Myers, Lehigh Acres, Naples, La Belle, Bonita Springs, Clewiston, Port Charlote, Punta Gorda, and beyond.

Cape Coral DUI Crash Rate High

According to the News Press, Cape Coral has the dubious distinction of being among the top 3 cities in Florida for DUI accidents. Not good.

Dunk driver accidents do seriously injure, and kill, and destroy lives.  While criminal penalties exist, there are also civil remedies available for the families.  Contact us today to find out more.

Fatal Crash Lehigh Acres

According to the News Press and the Florida Highway Patrol, a 22 year old was killed on July 13 in a two-vehicle crash on State Road 82, Lehigh Acres, Lee County.  According to the FHP report, the fatal crash occurred on SR 82 near Shawnee Road.

Florida PIP: Why Should I Care?

If you’re involved in a car accident, auto accident, or other vehicle accident in Florida, then the fact is, like it or not, you are going to involve your no-fault insurance coverage, or PIP, to pay medical bills and other losses up to $10,000.  So, you should know how it works.

Personal Injury Protection | PIP

PIP is also known as “no fault” coverage. PIP insurance coverage is mandatory in Florida.  It provides limited coverage for personal injury sustained in an auto accident:  for your own or someone else’s vehicle. It also provides you as a pedestrian or bicyclist if you suffer an injury in an accident involving a motor vehicle while in Florida. PIP covers only you and other members of your household for accidents occurring outside Florida but within the United States or Canada. In such cases, you must be driving or riding in your own vehicle. PIP does not cover persons other than you and members of your household.

If you get into an automobile accident, PIP covers you up to the limits of your PIP coverage, regardless of fault. The “at fault” party is the person(s) determined to be the cause of the accident. Your PIP will cover your child, if that child is a resident of your household, and other resident members of your household. It also covers your child if he or she suffers an injury while riding a school bus. For accidents occurring in Florida, PIP covers you and members of your household who do not own a vehicle of their own, certain passengers who lack PIP, and certain licensed drivers who drive your vehicle with your permission.

People riding in your vehicle who carry PIP will receive coverage under their own PIP for their injuries. Your PIP will cover a person injured in your vehicle who otherwise lacks access to PIP or does not own a vehicle. However, your PIP will not cover an injured person who owns a vehicle but lacks PIP.

PIP pays:

  • 80 percent of medically necessary expenses
  • 60 percent of lost wages
  • 100 percent of replacement services such as child care, housekeeping or yard work
  • Up to $5,000 for death benefits

To reduce fraud, Florida law now requires that PIP only pay for care that is lawfully provided, supervised, ordered, or prescribed by a physician (M.D. or D.O.), dentist, chiropractor, or are provided by the following:

  • hospital or ambulatory surgical center
  • person or entity licensed to provide emergency transportation and treatment
  • certain entities wholly owned by doctors (M.D. or D.O.), chiropractors, or dentists
  • an entity wholly owned, directly or indirectly, by a hospital or hospitals
  • certain health care clinics

PIP Benefits and Deductibles

When a claim is filed, if you have a PIP deductible, your insurance company will subtract it from the amount of your claim. The method used in calculating your benefit is shown in the examples below.

In the following example your medical bills totaled $16,000. and your PIP deductible is $1,000. The deductible is subtracted from your medical bills, leaving a balance of $15,000. Eighty percent of $15,000 is $12,000. Therefore, since the limit of PIP is less than $12,000 your insurance company will pay the full limit of $10,000 to your medical providers. See the calculations below.

$16,000 (the amount owed in medical bills)

-$1,000 (subtracted deductible amount)

$15,000

x .80 (80 percent available benefit offered by PIP)

$12,000

$10,000 (amount company will pay)

You are responsible for the remaining $6,000.

In the following example, your medical bills totaled $12,000 and your deductible is $1,000. The deductible is subtracted from the medical bills, leaving a balance of $11,000. Eighty percent of $11,000 is $8,800. Therefore, the insurance company will pay $8,800 to your medical providers.

$12,000 (the amount owed in medical bills)

-$1,000 (subtracted deductible amount)

$11,000

x.80 (80 percent available benefit offered by PIP)

$8,800 (amount company will pay)

You are responsible for the remaining $3,200.

Contact Us If You Have Been in an Auto Accident

If you have been injured in an auto accident, motorcycle accident, or trucking accident, then contact an experienced personal injury lawyer at the Harris Law Firm, P.A. today to review your circumstances.

Florida Auto Insurance Explained

Because I am often asked what kind of auto insurance coverage exists, I outline here the basics, including bodily injury coverage, PIP, UM, and med pay.

Florida law does not require you to buy any insurance except PIP and PDL, but other insurance products can offer increased protection. In fact, to protect their interest in your vehicle, your lender can require you to carry comprehensive and collision coverage until your loan is paid off. The most common types of additional insurance include:

Bodily Injury Liability

This coverage pays for death or serious and permanent injury to others when you are legally liable for an accident involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation if you get sued. Your policy may also cover others who drive your automobile with your permission, and it may cover you or others named in the policy if operating someone else’s vehicle.

Collision

This coverage pays for repair or replacement of your vehicle if it collides with another vehicle, flips over or crashes into an object, regardless of who causes the accident. It does not cover injuries to people or damage to property other than your covered automobile.

Comprehensive

This coverage pays for losses from incidents other than a collision, such as fire, theft, windstorm, vandalism or flood. It also covers damages caused by falling objects or hitting an animal.

Your insurance company will not charge you a deductible for windshield replacement under comprehensive coverage. Florida law requires this waiver to encourage drivers to replace cracked or broken windshields immediately to avoid a major driving hazard.

Uninsured Motorist | Underinsured Motorist | UM

This coverage pays for bodily injuries to you, your family members and any other person occupying your covered automobile, should they be caused by the negligence of an uninsured or underinsured motorist. The following are examples in which UM coverage may apply:

  • If the at-fault party has no liability insurance
  • If the at-fault party has inadequate liability coverage or
  • If injuries result from a hit-and-run vehicle

UM pays for medical expenses and lost wages (after your PIP coverage is exhausted) that you and your passengers may incur. This coverage also includes payment for pain and suffering if you have a permanent injury or death. Uninsured motorist insurance comes in stackable and nonstackable coverage. Companies must offer stackable coverage, but may or may not offer a nonstackable option.

Stackable UM

Stackable coverage means that you may combine the coverage limits for each automobile insured under your policy. For example, you may insure three autos and obtain stackable coverage with limits of $10,000 per person and $20,000 per accident for each auto (known as 10/20 limits).

Your stackable, or combined, coverage will total $30,000 per person and $60,000 per accident (see example). If these policies were nonstackable, then the limit of coverage for each vehicle would be $10,000 per person and $20,000 per accident. Insurance companies may offer nonstackable coverage at a reduced cost, since they will only pay the maximum amount allowed for one insured automobile.

Example:

Three automobiles insured with stackable coverage:

$10,000 x 3 = $30,000 per person

$20,000 x 3 = $60,000 per accident

Medical Payments | MedPay

This coverage pays for medical expenses for accidental injury up to the limit of your policy. It covers your medical expenses, plus those of your family members or passengers, regardless of fault (unlike bodily injury liability insurance). It applies whether you are in your automobile or someone else’s, or if you are hit by an automobile while walking or bicycling.

Since PIP covers only 80 percent of medical expenses, medical payments insurance could cover the remaining 20 percent, and possibly the PIP deductible, depending on the policy provisions. Medical payments will also cover the amount in excess of the PIP limit, up to the limit specified in the policy.

In the event of a auto accident injury settlement, however, MedPay may have to be paid back whatever it paid on your behalf.

Towing

You may add towing and road service to your auto insurance. But your insurance company may cancel your policy for too many towing claims, even if you have no accidents.

Rental Reimbursement

You may receive reimbursement for auto rental up to a specified limit, which is contained in your policy. It applies if you get into an accident with your own automobile and can no longer drive it.

If another driver causes an accident, the at fault party’s liability coverage may reimburse you for renting a vehicle similar to your own. However, the other party’s insurance company might have a maximum amount per day that it will pay. In most cases you must buy collision coverage before you can buy rental reimbursement.

Contact Us If You Have Been in an Auto Accident

If you have been injured in an auto accident, motorcycle accident, or trucking accident, then contact an experienced personal injury lawyer at the Harris Law Firm, P.A. today to review your circumstances.

Beware of Uninsured Motorists

Fort Myers Accident Lawyer David Harris Warns Florida Motorists About Uninsured Motorists

As a highly-experienced accident attorney in Fort Myers, Florida, serving families throughout Southwest Florida in serious auto accidents, motorcycle accidents, and trucking accidents, I know there has been an increase in uninsured and under-insured motorists on Florida’s roads as the result on increasing unemployment and the poor economy. In Florida, according to the insurance industry, there are as many as an estimated 30% uninsured and underinsured drivers among our motorists.  This is a staggering figure.

An uninsured driver carries no auto insurance at all, while underinsured motorists carry the minimum required collision damage and no bodily injury liability insurance.

The bottom line:  a high number of today’s motorists are uninsured or underinsured.  I cannot tell you how many times, after reviewing, evaluating and handling thousands of accident cases, seriously injured people — good, decent, hardworking people who have suffered permanent injury in a car accident, motorcycle accident, truck accident, or other traffic crash — had little, if any, available remedy or recourse because the negligent driver was uninsured, and more often, under-insured (carrying minimum bodily injury liability limits of $10,000 or $20,000).  PROTECT YOURSELF!

If you have plenty of UM insurance coverage, then being the victim of an uninsured motorist or under-insured motorist will not ruin you financially.  Why? Because UM coverage through your own insurance company protects you — UM stands in the shoes of the negligent driver and pays you the money compensation the at-fault driver doesn’t have.

TIPS

  1. Get UM coverage now.
  2. Go to your insurance agent or broker today, tomorrow — soon — and DEMAND — don’t ask — DEMAND — uninsured motorist insurance coverage in minimum amount of $100,000 (and I recommend more — a minimum of $250,000 in my view).
  3. Make sure your UM is STACKED.  Don’t let the insurance agent or broker weasel you out of this if you have 2 or more vehicles.
  4. Stacked UM coverage means that your available UM coverage is multiplied by the number of covered vehicles ($ UM coverage amount X # of cars = $ total available coverage).
  5. For example, if you purchase $100,000 in UM coverage (which means if you’re injured by an uninsured driver or under-insured driver, your own insurance company will pay you up to $100,000 for your injuries), and you have 2 covered vehicles, and you stacked your UM, then your UM coverage is doubled. In other words, you now have $200,000 coverage foe that same serious auto accident caused by an uninsured driver.

Because I have worn the hats as a Florida auto accident attorney and Florida motorcycle accident lawyer, I know that even if a motorist has liability insurance, far too often it is a minimal amount.  In other words, the other driver is “under-insured.”  This occurs when a person who caused an auto accident has minimal insurance limits, often not high enough to fully compensate for the losses they caused to another motorist or motorcyclist.

Typical insurance coverage provides for only $10,000 in losses.  Medical costs for a serious auto accident or injured motorcyclist who is involved in a Florida motorcycle accident can be very high — exceeding $50,000 or even $100,000.

As an experienced auto accident lawyer and motorcycle accident lawyer, I work to bring my clients the best settlements possible in a timely and efficient manner.  I handle only valid personal injury and accident claims involvement permanent injury, which limits my caseload, so I can provide each client with personal attention and service.

Call an experienced Florida personal injury attorney at my law firm today to serve you.

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