North Florida Injury Lawyer Blog

A fatal hit and run bicycle accident was reported near Cross City, Florida. The Gainesville Sun reported that Henry Thomas Knight, age 71, was hit by a vehicle on U.S. 19. The Florida Highway Patrol later responded to the scene and are conducting an investigation into the cause and preventability of this tragic bicycle accident. Police believe that a Chevrolet Pick Up Truck (2003 to 2005) may have been involved with this accident. The driver of the pick up truck fled the scene and FHP and local authorities are looking for the driver and the hit and run vehicle involved in this Florid bicycle accident. Investigators are asking local residents and others to be on the look out for a truck with a damaged right side-view mirror assembly. If anyone has information regarding this accident, contact Florida Highway Patrol (800-387-1290) or the Cross City Police Department (352-498-1374).

A Florida bicycle accident attorney can help the victim of a bicycle accident or his family with the various legal and insurance issues that arise with these matters. Often times, a bicycle accident involves issues involving liability / fault, application of traffic laws and statutes, medical bills, medical treatment, insurance, damages, and compensation.

Drivers should slow down and drive with caution when there are pedestrians or bicyclists in or near the roadway. Due to Florida's weather, pedestrians and bicyclists are out and about year round. There are a number of traffic rules and regulations in Florida. Most are set forth in Chapter 316, Florida Statutes. See Florida Traffic Rules, Regulations, and Laws.

Tragically, bicyclists and pedestrians suffer personal injuries and are sometimes even die due to the negligence or fault of drivers. In Florida, it is a crime to leave the scene of an accident when there are personal injuries. Often times, if a person involved in an automobile accident / bicycle accident stops at the scene of the accident, aid or medical care can be rendered in a more timely manner. Following the law can make a difference to the injury victim. Even if nothing can be done, Florida law requires that a person stop at the scene of an accident that the person was involved with.

Should photographs be taken at a Florida Automobile Accident scene? The simple answer to this question is "yes". In the State of Florida, there are no laws to prevent a person from taking photographs of an accident scene on public street or roadway. Often times, photographs of the accident scene will provide that information regarding the extent of property damages to the vehicles involved in the accident and they also provide documentation it may also provide information as to property damage I left on the roadway as well as skidmarks, roadside, and road conditions. Photographs can be taken with a digital camera, regular camera, or a smart phone like an iPhone or a droid. Videos can also be shot of the accident scene and videos may provide additional information that may be use to pursue the claimer case at a later date. It is important following the automobile accident, it is important at the photographs and/or videos taken are properly store or printed out for future use in reference. It is oftentimes helpful to have the assistance and Council of it for a personal injury attorney when dealing with the aftermath of an automobile accident. For more information regarding Florida automobile accident see Florida automobile accident and Florida automobile accident attorney.

When there is an automobile accident in Florida, it is important to know the various Florida traffic rules and regulations. See Florida Traffic Statutes and Regulations - Frequency Asked Questions.

In Florida and other States, driver distraction can come in many forms including reading while driving, texting, eating, e mailing, mobile phone usage, conversations, and behavioral issues with passengers. Whatever the cause - distracted driving can and does cause serious automobile accidents in the State of Florida. When a pedestrian is an unfortunate victim of distracted driving, the consequences can result in serious personal injurie, and, in some cases, death. The Florida Highway Patrol reported that a fatal automobie accident / pedestrian accident took place on Sesame Boulevard near 7 Wonder Trails. Josefina T. Reid was reportedly hit and killed by a distracted driver - Antonio Castanheira - who stated that he was distracted by his back seat passengers. See Palm Coast Pedestrian Struck by Distracted Drirver.

In Florida, it is important for drivers to proceed with the utmost caution and do their best to avoid incidents of distracted driving. Many accidents and tragic personal injuries and Florida automobile accidents resulting in pedestrian personal injuries can be avoided with more attentive driving. See Florida Traffic Rules. Regulations, and Statutes - Frequently Asked Questions.

In Clermont, Florida and other cities, multi vehicle accidents can lead to serious personal injuries and in some automobile accidents - the death of a driver or passenger. One such accident was recently reported by the Florida Highway Patrol and the Orlando Sentinel. Kantilal Patel, a resident of Clermont, Florida, died as a result of this automobile accident. The accident started when a pick up truck driver crashed into vehicles stopped at a traffic light. See 78 Year Old Clermont Man Killed in a Chain Reaction Automobile Accident.

Many Florida automobile accidents can be avoided if drivers pay attention to traffic and road conditions. It is also important for drivers to obey or follow Florida traffic statutes and regulations. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Jacksonville, Florida, a family and community are mourning the recent death of Christopher Thompson who died as a result of a Florida automobile accident on Beach Boulevard. News 4 Jax reported that 22 year old - Christopher Thompson - died when a driver crashed into Thompson's vehicle as the driver was fleeing the Jacksonville Sheriff's Office (JSO). The combination of the speed and the running of a traffic signal (red light) caused the untimely and tragic death of Christopher Thompson. Since a death resulted from this accident, a full Florida Traffici Homicide Investigation will be conducted by the Florida Highway Patrol and / or local law enforcement. Regardless of the results of this investigation, a life was sensibly lost due to the carelessness and recklessness of another person. See Florida Teen Charged with Homicide After Deadly Jacksonville Crash.

It is important that drivers obey Florida traffic rules, regulations, and statutes. See Florida Traffic Statutes and Regulations - Frequently Asked Questions.

In Macclenny (Baker County) Florida, an automobile accident was reported by the Baker County Press Website. It was reported that a man (George Crawford) was hit while he was travelling in his motorized wheelchair on State Road 228. The wheelchair / automobile accident took place near Barber Road in the area of the local Wal-Mart. The force of the collision / impact ejected Mr. Crawford from his motorized wheelchair. The Florida Highway Patrol responded to the scene of the accident and will complete a report / traffic investigation as to the cause and preventability of this incident. See Man in Motorized Wheelchair Hit and Ejected on State Road 228 in Macclenny Florida.

When there is a Florida automobile accident, the various traffic rules and regulations are reviewed to determine if a citation will be issued. These same laws may come into play if there is a subsequent insurance claim or civil lawsuit for the damages or injuries caused by the accident. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

The Associated Press reported that a driver (Milton Lee Minier - age 25) was sentenced to a prison term of 10 years for a DUI accident that resulted in the death of the passenger (Tiffany Manzano - age 21) in the vehicle. It was reported that Mr. Minier's blood alcohol level (BAL) was documented at .185 which is over twice the legal limit of .08 in the State of Florida. See DUI Sentenced Handed Down in Duval County (Jacksonville) Florida.

Driving Under the Influence (DUI) can and does lead to serious personal injuries and in cases like the one above - the unfortunate and untimely death of a driver and / or passenger. DUI accident can be avoided by taking the simple act of designating a driver, calling for a ride, and / or calling a taxi or cab for a ride. DUI drivers on Florida roads put the driver, passenger, other drivers and passengers, bicyclists, pedestrians, and motorcyclists at risk.

It is important for drivers in the State of Florida to follow the law and drive with the utmost of caution. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

The Florida Times Union recently reported on a fatal accident that took place in Flagler County, Florida. Theresa Woodfin was driving a Buick on Florida 100 when she slowed down to make a left hand turn to County Road 2005. A semi truck (logging truck) was behind Theresa Woodfin but unfortunately failed to stop to allow her the time and distance to safely make her turn. As a result, there was a fatal rear end accident that ended the life of Theresa Woodfin who was only 28 years old at the time of the accident. See Fatal Trucking Accident Reported in Flagler County, Florida. Since the trucking accident resulted in a death, there will be a full investigation by the Florida Highway Patrol and / or local law enforcement to more completely determine the cause and preventability of this fatal Florida accident.

In Florida, it is important for commercial drivers, especially those driving with loads, to pay close attention to the road conditions and traffic. A Florida automobile accident with a semi truck often times leads to serious personal injuries and, in some instances like the trucking accident referenced above, to the death of a driver or passenger. See also Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Marion County, Florida, a serious automobile accident / semi truck accident was reported by the Florida Highway Patrol. The accident involved an automobile driven by an elderly Florida driver and a semi truck driver. The Florida Highway Patrol reported that the trucker was unable to stop as the driver of the automobile was making a turn. See Marion County Florida Crash Leads to Serious Personal Injuries.

In Florida,it is important that drivers follow the various rules and regulations that are in place. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, pedestrians are at risk for personal injuries, and, in some instances, death when a driver veers off a roadway and into an area occupied by a pedestrian. The Florida Highway Patrol reported that a pedestrian was hit by a van that had veered off of Orange Blossom Trail. The death of the pedestrian, identified only a a 24 year old woman from Kissimmee, Florida, is certainly a tragic loss for her family, friends, and the community. See Pedestrian Hit and Dies from Automobile Accident Related Injuries in Kissimmee Florida.

It is important for drivers to follow and obey various traffic rules and regulations in the State of Florida. You can read many of these laws at Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, Interstate 95 is a major highway that spans the North / South ends of the State. Unfortunately, many Florida automobile accidents take place on Interstate 95. Some are rear end automobile accidents while others are more complicated in the facts and reasons for the automobile accident. The Florida Times Union reported that an automobile accident took place on Interstate when a driver was travelling Southbound in the Northbound lanes. This, in turn, caused a terrible head on collision causing the death of a 73 year old Central Florida resident. See Wrong Way Driving Leads to Death of Central Florida Man.

Automobile accidents in Florida can be avoided if drivers follow the various laws and traffic regulations set forth by the Florida Statutes. See Florida Traffic Laws and Regulations - Frequently Asked Questions.

Continue reading "Interstate 95 Accident - Driver Heading Southbound in Northbound Lane - Death Results from Florida Accident" »

In Florida, Interstate 95 is a major highway that spans the State from South Florida right up to the Georgia Border and beyond. It is a major traffic artery for the State of Florida that unfortunately is also the site of many major automobile accidents and trucking accidents. It was reported that a rear end accident on Interstate 95 lead to the deaths of two men from New England - James Bellerose (age 40) and Gary Kalil (age 39). See Two Dead After Crash on Interstate 95.

The State of Florida has specific traffic rules, regulations, and laws in place. Some of these laws specifically address rear end accidents, following too closely, speed, and other matters / issues that may be applicable to automobile accidents like the one reported. You can access information regarding traffic laws at - Florida Traffic Laws and Regulations - Frequently Asked Questions.

October in Volusia County including Daytona Beach, Deland, Port Orange and other cities brings an influx of bikers and motorcyclists. Unfortunately, at this time of year, during Biketoberfest there are reports of motorcycle / biker accidents, personal injuries, and tragic deaths. It was recently reported by the Daytona Beach News Journal that four bikers / motorcyclists lost their lives in two separate motorcycle / automobile accidents. See Four Bikers Killed in Two Separate Accidents in Volusia County, Florida.

There are many issues that arise when there is a motorcycle / automobile accident including the following:

Who received the traffic citation?
What police agencies / department arrived on the scene?
What traffic regulations apply to the facts regarding the accident?
Were there witnessed to the accident?
Who is going to pay for medical bills?
Who is going to pay for funeral expenses?
What are the rights of the bikers / motorcyclists? Injured persons?

Each motorcycle accident should be evaluated on its own facts and circumstances. While it is important to know if a citation was issued, the civil case for the injuries is not wholly dependent on who received the citation. Florida is a comparative fault state which means that in certain accidents - there can be an apportionment of fault or percentage of fault assigned among two or more drivers / bikers.

A tragic hit and run accident was reported in Altamonte Springs Florida. The Florida Highway Patrol responded to the scene of this Central Florida automobile / pedestrian accident. It was reported that a 23 year old person suffered fatal personal injuries and 16 year old suffered personal injuries as a result of the automobile accident. There was an eyewitness who saw a vehicle flee the scene. The Florida Highway Patrol and local law enforcement will investigate this incident to determine the vehicle and driver involved. See Hit and Run Automobile / Pedestrian Accident Reported in Altamonte Springs, Florida.

It is a Florida law to stop and render aid when there is an automobile accident involving personal injuries. It is important for all drivers to proceed with caution and limit distracted driving. You can read more about Florida laws at - Florida Traffic Laws - Frequently Asked Questions.

A Jacksonville, Florida women was killed when a Lincoln Towncar ran a red light. The car veered off the road a struck a fruit stand. Witnesses at the scene reported that the car was driving unpredictably prior to running into the fruit stand, pinning the women under the car and critically injuring her husband. The women and husband were transported to the hospital. She was pronounced dead at the hospital. At the time that this story was first reported on the news and Internet, the husband was admitted to Shands Hospital in critical condition. Police believe that the driver may have suffered from a medical condition prior to the accident. The driver of the Towncar was also transported to Shands. The accident will be more fully investigated by local law enforcement officers / detectives. See Fruit Stand Automobile Accident Results in Death and Personal Injuries.

In Jacksonville, Florida and other cities, automobile accidents frequently result in serious personal injuries and, in some instances, even the death of drivers, passengers, bicyclists, and / or pedestrians. Drivers should do their best to obey posted speed limits, traffic signals, and other rules and regulations for driving on Florida roadways. You can read more traffic laws and regulations at the Wood, Atter & Wolkf, P.A. Website - Florida Traffic Laws and Regulations.

It is not news that texting while driving is not only dangerous, but deadly. Texting while driving is a nation-wide epidemic that is increasingly popular among children and teenagers. Stephanie Ando, a mother from Jacksonville, Florida and owner of Ando Insurance Services, has joined Allstate in its "X the TXT" program. "X the TXT" has teens pledge not to text and drive. Recently, Ando and her director of marketing, Karen Phillips took the program to Clay High School. Thumb rings embedded with the message "txtng klls" were given to students who made the pledge. Each pledging student also put their left thumb print on a banner. Ando's goal is to spread the program throughout schools in Northeast Florida.

A fact sheet compiled by Allstate revealed some startling statistics about texting while driving:
- Car crashes are the number one killer of American teenagers (more than 4,000 teens die in car crashes annually).
- Just reaching for a cell phone while driving increases the likelihood of a car crash nine times.
- A person looking at a cell phone for a mere 5 seconds while driving at the rate of 55mph travels the equivalent of a football field.

For more on Ando and the "X the TXT" program read Jacksonville mom spreads word about dangers of texting while driving.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.1235, Florida drivers who are approaching an intersecting where the traffic lights of said intersection are not working (inoperative) shall treat the stop as a stop sign. The method of stopping is governed by section 316.123(2), Florida Statutes. Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection. After stopping, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway so as to constitute an immediate hazard when the driver is moving across or within the intersection. If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

In the event that only some of the traffic lights at an intersection are inoperative, the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.125 - Vehicles Entering Highways from Private Road or Driveway or Emerging from Alley, Driveway or Building, Florida drivers have a duty to yield the right-of-way in certain circumstances.

1. Drivers who are about to enter or cross a highway from an alley, building, private road or drive way MUST yield the right-of-way to ALL vehicles approaching on the highway to be entered which are close enough to constitute an immediate hazard.

2. Drivers who are exiting an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk are extending across the alley, building entrance, road or driveway. If there is no sidewalk area, these drivers must stop at the point nearest the street they are attempted to enter where the driver has a view of approaching traffic. The drive must yield to all vehicles and pedestrians which are close enough to constitute an immediate hazard.

Florida law states who has a duty to yield (give up) the right-of-way. As a general rule of Florida traffic law, every driver, motorcyclist, bicyclist, pedestrian or other operate of a motorized vehicle (i.e., moped) must do everything possible to avoid a crash. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Florida traffic laws are unclear as to who has the right-of-way on Florida street, highways and other roadways. Florida law only states who has a duty to yield (give up) the right-of-way. As a general rule of Florida traffic law, every driver, motorcyclist, bicyclist, pedestrian or other operate of a motorized vehicle (i.e., moped) must do everything possible to avoid a crash. Florida drivers and pedestrians have a duty to yield the right-of-way to emergency vehicles while said vehicles are en route to an existing emergency. This duty is established under Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.126 - Operation of Vehicles and Actions of Pedestrians on Approach of Authorized Emergency Vehicle.

Pursuant to section 316.126, Floria Statutes, both pedestrians and drivers must yield the right-of-way to emergency vehicles. These vehicles include law enforcement vehicles, fire engines and other emergency vehicles that are using sirens and/or flashing lights. There is a duty to immediately pull over to the close edge of the roadway and stop until the emergency vehicle has passed. Pedestrians and drivers shall not block intersections in said process.

When driving on interstate highways or other highways with two or more lanes and traveling in the same direction of an emergency vehicle, drivers approaching a parked law enforcement or other parked emergency vehicle with its lights activated, are required to leave the lane closest to the emergency vehicle, as son as it is safe and practicable to do so. This law shall apply unless other directed by a law enforcement officer.

When traveling on a two-lane roadway, drivers approaching a law enforcement or other emergency vehicle are required to reduce their speed to a speed that is 20 miles per hour less than the posted speed limited when the posted speed limits is 25 miles per house or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less.

Other types of emergency vehicles include wreckers that are displaying their flashing lights and performing a service (i.e., recovery or loading) on a roadside.

If you have been involved in and/or are the victim or a Florida automobile accident, please contact Wood, Atter & Wolf, P.A. regarding your Florida legal rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

"Intersection" is defined, by Florida Statutes, as the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles; or the are within which vehicles traveling upon different highway joining at any other angle may come into conflict. See Florida Statute section 316.003(17)(a). Intersections are common places for Florida drivers to be involved in automobile crashes. Therefore Florida drivers should take extra precaution and care when entering or approaching intersections.

Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.121 - Vehicles Approaching or Entering Intersections, establishes certain duties, rules and regulations for Florida drivers who are approaching or entering an intersection:
1. Approaching an intersection. The driver of a vehicle approaching an intersection must yield the right-of-way to a vehicle was has entered the intersection from a different highway.
2. Two vehicles approaching at same time. When two vehicles enter an intersection from different highways at the same time the DRIVER OF THE VEHICLE ON THE LEFT SHALL YIELD THE RIGHT-OF-WAY to the vehicle on the right.
3. State-maintained roads or highways. The driver of a vehicle about to enter to cross a state-maintained road or highway from a paved or unpaved road (e.g., driveway) and not subject to control by an official traffic control device shall yield the right-of-way to ALL vehicles approaching on the state-maintained road or highway the driver of the other vehicle is attempting to enter or cross.
4. County-maintained or city-maintained roads or highways. The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway (e.g., driveway) and not subject to control by an official traffic control device shall yield the right-of-way to ALL vehicles approaching on said paved road or highway.

Continue reading "Florida Traffic Laws - What Is the Duty of a Driver Approaching or Entering Intersections?" »

Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.091 - Limited Access Facilities; Interstate Highways; Use Restricted, establishes limitations, restrictions and other prohibitions to the access and use of certain facilities and interstate highways.

1. No person shall drive a vehicle onto or from any limited access roadway. EXCEPTION: Unless such entrances and exists are established by public authority.
2. No person shall operate upon a limited access facility any bicycle, motor-driven cycle, animal-drawn vehicle, or any other vehicle which by its design or condition is incompatible with the safe and expedient movement of traffic.
3. No person shall ride any animal upon any portion of a limited access facility.
4. No person shall operate a bicycle on the roadway or along the should of an interstate highway.

Bicycles:
In the state of Florida, bicycles are not allowed on limited-access roadways or on interstate highways. However, toll bridges are not always on limited-access facilities.

A "Freeway" is a limited-access highway with several significant characteristics:
1. Vehicles traveling in opposite directions are separated by a continuous unpaved median or fixed barrier;
2. There are at least two lanes of travel in each direction;
3. At-grade crossing conflicts are not allowed;
4. Vehicles enter and exit a freeway with merge, diverge and weave movements.

A "Limited Access Facility" is defined, by Florida Statute, as a street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a limited right or easement, of access. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highways traffic. See Florida Statute section 316.003(19).

Continue reading "Florida Traffic Laws - What Are the Restrictions on Using Limited Access Roadways?" »

Making a turn may seem like a simple, mundane driving task. However, many traffic crashes occur because of drivers who make incorrect, illegal, and / or unsafe turns. Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.122 - Vehicle Turning Left, drivers turning or intending to turn left must yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle.

Below are some tips Florida Drivers should follow when making or attempting to make turns, especially left-hand turns:

1. Use your turn signal and NEVER make "last minute" turns.
2. Use your turn signal. Specifically, give your turn signal for at least the last 100 feet before making your turn.
3. Slow down to an appropriate and safe turning speed.
4. ALWAYS yield to bicyclists and pedestrians.
5. Make your turn and stay in the proper lane. Yield the right-of-way to vehicles, including bicycles, coming from the opposite direction.
6. Finish your turn in the proper lane. A LEFT TURN may be completed in any lane lawfully available, or safe, for the desired direction of travel.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to >Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

- If approaching a stop intersection, Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection. After stopping, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway so as to constitute an immediate hazard when the driver is moving across or within the intersection.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to >Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

- If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

Below are some other duties imposed on Florida drivers approaching a Yield or Stop Sign:
- If approaching a stop intersection, Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection.
- If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Section 316.0895 - Following too Closely, Florida Statutes, states that the driver of any motor vehicle shall not follow another vehicle more clearly than is reasonable and prudent, while also having due regard for the sped of such vehicles and the traffic upon, and the condition of, the highway.

The Florida Department of Highway Safety and Motor Vehicles defines "aggressive driving" as "the act of operating a motor vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others." This type of driving includes behaviors stemming from road rage to street racing. Aggressive driving is a leading problem on Florida roadways and is a main factor in the amount of motor vehicle crashes and deaths.

Although Florida is prohibited from enforcing their aggressive driving law by state statute, aggressive driving can still be notated on a traffic citation. For example, once a driver is cited fora specific traffic infraction (i.e., Section 316.0895 - Following too Closely, Florida Statues), the issuing police officer may select the "Aggressive Driving" located on Florida traffic tickets.

"Following too Closely" combined with one of these actions is considered Aggressive Driving in the state of Florida:
1. Speeding;
2. Unsafe or improper lane change;
3. Failure to yield the right-of-way;
4. Improper passing;
5. Failure to obey traffic control devices.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Section 316.0895 - Following too Closely, Florida Statutes, states that the driver of any motor vehicle shall not follow another vehicle more clearly than is reasonable and prudent, while also having due regard for the sped of such vehicles and the traffic upon, and the condition of, the highway. Drivers of a motor vehicle that is towing another vehicle and traveling upon a roadway outside a business or residence district must stay at least 300 feet behind another motor truck.

Aggressive driving is a leading problem on Florida roadways and is a main factor in the amount of motor vehicle crashes and deaths. The Florida Department of Highway Safety and Motor Vehicles defines "aggressive driving" as "the act of operating a motor vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others." This type of driving includes behaviors stemming from road rage to street racing.

Aggressive driving can be notated on a traffic citation. For example, once a driver is cited fora specific traffic infraction (i.e., Section 316.0895 - Following too Closely, Florida Statues), the issuing police officer may select the "Aggressive Driving" located on Florida traffic tickets.

"Following too Closely" combined with one of these actions is considered Aggressive Driving in the state of Florida:
1. Speeding;
2. Unsafe or improper lane change;
3. Failure to yield the right-of-way;
4. Improper passing;
5. Failure to obey traffic control devices.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Section 316.0895 - Following too Closely, Florida Statutes, states that the driver of any motor vehicle shall not follow another vehicle more clearly than is reasonable and prudent, while also having due regard for the sped of such vehicles and the traffic upon, and the condition of, the highway. Those motor vehicles that are driven upon any roadway outside a business or residence district and traveling in a caravan, whether or not towing other vehicles, must allow sufficient space between each vehicle of combination of vehicles so as to enable other motor vehicles to enter or occupy such space without danger.

The Florida Department of Highway Safety and Motor Vehicles defines "aggressive driving" as "the act of operating a motor vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others." This type of driving includes behaviors stemming from road rage to street racing. Aggressive driving is a leading problem on Florida roadways and is a main factor in the amount of motor vehicle crashes and deaths.

Once a driver is cited for a specific traffic infraction (i.e., Section 316.0895 - Following too Closely, Florida Statues), the issuing police officer may select the "Aggressive Driving" located on Florida traffic tickets.

"Following too Closely" combined with one of these actions is considered Aggressive Driving in the State of Florida:

1. Speeding;
2. Unsafe or improper lane change;
3. Failure to yield the right-of-way;
4. Improper passing;
5. Failure to obey traffic control devices.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.090 - Driving on Divided Highways, whenever a Florida highway has been divided into two or more roadways, every vehicle shall be driven only upon the right-hand side of the roadway, unless directed or permitted to use another side of a roadway by official traffic control devices or police officers.

A Florida highway may be divided into two or more roadways by:
1. An intervening space;
2. A physical barrier; or
3. Any clearly indicated dividing section constructed so as to impede vehicular traffic.

Also, while driving on a divided Florida highway, no driver shall drive his or her vehicle over, across or within any dividing space, barrier or section. Exception: If driving through an opening in such physical barrier or dividing section or space, or at an established crossover or intersection, or unless specifically authorized by a public authority.

Violators of this Florida Statute will have committed a noncriminal traffic infraction, punishable as a moving violation.

In the State of Florida, yellow lane lines are indicative of divided highways. Specifically, yellow lane lines separate lanes of traffic traveling in opposite directions of one another. A single yellow line marks the left edge of the pavement on all divided highways and one-way streets.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.087 -Further Limitation on Driving to Left of Center of Roadway, drivers are prohibited from driving their vehicles on the left side of any roadway in the following conditions:

1. When the vehicle is approaching or upon the crest of a grade that obstructs the driver's view so as to create a hazard in the event another vehicle may approach from the opposite direction;
2. When driving upon a curve in the highway where the driver's view is obstructed and creates a hazard in the event another vehicle may approach from the opposite direction;
3. When the vehicle driven is within 100 feet of or traversing any intersection. However, this does not apply to any intersection on a state-maintained or county-maintained highway located outside city limits, unless marked otherwise;
4. When the vehicle driven is within 100 feet of or traversing any railroad grade crossing;
5. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

These limitations do NOT apply:
1. On one-way roadways
2. When an obstruction exists making it necessary to drive to the left of the center of the highway, and
3. To the driver of a vehicle turning left into or from an alley, private road or driveway.
A violation of section 316.087 is a noncriminal traffic infraction, punishable as a moving violation.

The following is a list of circumstances where Florida Drivers MAY NOT pass while driving upon a two-lane road with traffic moving in the opposite direction:
- Where there are visible signs reading "DO NOT PASS" or "NO PASSING ZONE"
- Where a solid yellow line is painted on your side of the center line
- When traveling upon hills or curves
- At intersections
- When you are within 100 feet of a bridge, viaduct, tunnel or railroad crossing.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.0875 - No Passing Zones, the Florida Department of Transportation and local authorities have the authority to designate portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous, as a No-Passing Zone. These zones shall be indicated as such by appropriate signs or markings on the highway or roadway. The signs shall also indicate the beginning and end of the No-Passing Zone. Every sign shall by clearly visible to an ordinarily observant person and shall be obeyed by every Florida driver.

When driving in a No-Passing Zone, Florida drivers shall not at any time drive on the left side of the roadway or on the left side of any pavement striping designed to mark a No-Passing Zone throughout its length. Section 316.0875 is not applicable when an obstruction exists, which makes it necessary to drive to the left of the center of the highway or roadway, nor to a Florida driver who is turning his or her vehicle left into or from an alley, private road or driveway.

The following is a list of circumstances where Florida Drivers MAY NOT pass while driving upon a two-lane road with traffic moving in the opposite direction:

- Where there are visible signs reading "DO NOT PASS" or "NO PASSING ZONE"
- Where a solid yellow line is painted on your side of the center line
- When traveling upon hills or curves
- At intersections
- When you are within 100 feet of a bridge, viaduct, tunnel or railroad crossing.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.088 - One-way Roadways and Rotary Traffic Islands, the Department of Transportation and local authorities, have the authority to designate any highway, roadway, part of a roadway, or specific lanes of traffic to proceed in one direction at such times, so long as such indication is indicated by official traffic control devices. When a roadway, part of a roadway, highway, etc. has been designated for one-way traffic, any vehicles on such roadway must be driven only in the designated direction. Any vehicles passing a rotary traffic island must be driven only to the right of such island.

A violation of the provisions of this statute is considered a noncriminal traffic violation, punishable as a moving violation.

Good driving consists of practice and being alert while behind the wheel. Florida drivers need to ensure nothing interferes with their ability to see the road, react to situations or operate their vehicle properly. Florida drivers must stay alert as to what is going on around them and never take their eyes off the road. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website, specifically Section 316.083 - Overtaking and Passing, Florida Statutes.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.089 - Driving on Roadways Laned for Traffic Florida drivers must comply with certain rules and regulations under this statute. When driving on a Florida roadway that is divided into two or more clearly marked lanes for traffic, the following rules apply:

- Drivers shall drive their vehicle as nearly as practicable entirely within a single lane and shall not move their vehicle from their said lane until they have first ascertained and determined that such movement can be made with safety.

Drivers in Florida need to aware of the challenger and obstracles they could potentially face on Florida roads and highways. Sometimes, a driver cannot control the many hazardous conditions and situations present on the road, Florida drivers should earn how to drive defensively and how to avoid such hazards. Intersections are a common place for car collisions. Florida drivers should never pass another car or change lanes at an intersection without it being safe to do so. Because of the high volume of traffic at an intersection, Florida drivers should never make any sudden changes. Doing so could easily cause an accident. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.089 - Driving on Roadways Laned for Traffic, Florida drivers must comply with certain rules and regulations under this statute. When a Florida roadway has been divided into two or more clearly marked lanes for traffic, the following rules apply:

1. Drivers must drive their vehicle as near as practicable within a single lane and shall not move from said lane until they ascertained and determined that such movement can be made with safety;

2. When driving upon a roadway that is divided into 3 lanes and provides for two-way traffic, drivers shall not drive their vehicle in the center lane, except when overtaking and passing another vehicle traveling in the same direction, provided the center lane is clear of traffic within a safe distance, when in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding.

Drivers in Florida need to aware of the challengers they could potentially face. Sometimes you cannot control the many hazardous conditions and situations present on the road, Florida drivers should earn how to drive defensively and how to avoid such hazards. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website, specifically Section 316.083 - Overtaking and Passing, Florida Statutes.

When a flashing red signal is illuminated, Florida drivers have a to stop at a clearly marked stop line. If no stop line exists, drivers must stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, then drivers must stop at the point nearest the intersection roadway before entering the intersection. The right to proceed through the intersection is subject to the rules applicable after making a stop at a stop sign. Florida Statute section 316.076 - Flashing Signals. However, this provision of sec. 316.076 does not apply at railroad-highway grade crossings; the conduct of drivers approaching such crossings is governed by sections 316.1575 and 316.159 of Chapter 316 - State Uniform Traffic Control. A violation of the provisions of this section is a noncriminal traffic infraction, punishable as a moving violation.

Basically, a flashing red light means the same thing as a stop sign. A flashing red light is used at ALL dangerous intersections.

Traffic signals are places at intersections to keep traffic moving and to avoid crashes. Florida drivers, pedestrians and bicyclists must obey these signals, except when an officer is directing traffic. If a traffic signal appears to be out of order, treat the traffic light as it if were a four-way stop sign.

In Putnam County, Florida, the Florida Highway Patrol reported that a motorist hit a pedestrian in Interlachen and then fled the scene. It was reported that the driver was described as a man with brown hair who was about 5 Feet 10 Inches tall and weighed about 170 pounds. The vehicle was described as a older model white car. This general details may not be enough to track down the driver or the vehicle. Hopefully, the Florida Highway Patrol and other law enforcement are successful in locating the driver who was involved with this incident. The victim of this Florida hit and run accident was transported to Shands - University of Florida - Hospital.

It is the law in Florida to render aid and support to other drivers, pedestrians, and bicyclists when there is a motor vehicle accident. Pedestrians, bicyclists, and motorcyclists are at risk for severe injury when there is a motor vehicle accident. It is certainly an act of cowardice to flee an accident when a Florida Pedestrian Suffers Serious Personal Injuries.

The Gainesville City Commission unanimously voted in March to set up a system that would snap photos of people who drive through red lights. The system would also simultaneously ticket the owner of the vehicle for $158. City officials hope it will reduce crashes / automobile accidents at intersections. Gainesville’s Police Sergeant Joe Raulerson said the cameras could potentially save officers time that would ordinarily be spent writing accident reports so that they can focus their time on violent crimes.

The red light camera system would also be a source of potential revenue. According to the state statute, medical and health trust funds would receive $13 of the $158 ticket paid by the red light violator; the city would get $75; and the state would get the remaining $70.

Although the proposed benefits of red light cameras appear to be beneficial, the system presents an issue if a citizen decides to contest the ticket in court. The problem is that the whole system might not comply with the Florida evidence code relating to hearsay. After a citizen runs a red light, he or she will receive a notice in the mail from the red light camera company. The company will then send a local reviewing police officer to attend the traffic infraction hearing. Hearsay is an issue because the police officers have no personal knowledge of the situation, other than what they have been told by the red light camera company. For the traffic report to be admissible in court, the company would have to present their records custodian to testify as to the validity of the report. For more information on this topic, see Red light cameras are given the green light.

Florida law requires all drivers and occupants in the front seat of a vehicle to always wear a safety belt. In addition, occupants under the age of 18, regardless of where they sit, must also wear their safety belt

Police officers in Jacksonville and nationwide are cracking down on motorists who are not wearing their seatbelts as part of a two week nationwide enforcement program called “Click It or Ticket.” Police officers around the country are gearing up for a busy week as high school graduation activities and Memorial Day weekend outings will put more people, and subsequently more vehicles, onto the dirt roads and pavement of the capital city. As part of a the state and nationwide 2011 Click It or Ticket campaign, local law enforcement agencies will be out in force looking for unbuckled drivers. The program started May 23 and will continue through June 5. The primary target audience continues to be men ages 18 to 34, which research shows are less likely to wear seat belts. Last year Florida achieved a record high safety belt usage rate of 87.4 percent, after the two week Click It or Ticket campaign last May.

Failure to wear a seat belt contributes to more fatalities than any other single traffic safety-related equipment. 63% of people killed in accidents were not wearing seat belts. Wearing a seat belt use is still the single most effective thing we can do to save lives and reduce injuries on Jacksonville roadways. Of course, safe driving and minimizing driver distraction help avoid accidents but seat belts help reduce the severity of the injuries in some instances.

In Holly Hill (Volusia County), Florida, drivers will now be monitored by red light cameras which are now operational. While running a red light is never a good idea from a safety standpoint for drivers, passengers, and others, now a driver running a red light in certain areas of Holly Hill will receive a citation with or without the presence of law enforcement to witness the traffic violation. Some believe that red light cameras are unfair and unsupported by Florida law. Others welcome the technology if it means keeping the streets safer for motorists, motorcycle riders / bikers, bicyclists, pedestrians, and yes, children as well. For more information on this topic, see Holly Hill Switches on Red-Light Cameras. Better and safer driving can certainly reduce the incidents and accidents that lead to serious personal injuries and deaths on or near Florida roadways.

In Hastings (St. Johns County) Florida, a tragic accident was reported on the St. Augustine Records website. The accident took place on a Sunday night on County Road 13 near Cow Pen Branch Road. The accident scene was located near Hastings. It was reported that the driver of the vehicle lost control of the 2006 Nissan Altima and hit a tree. The passengers in the vehicle (Sharon Pallet and John Currier) died as a result of the automobile accident. Since there were deaths involved, a full investigation will be completed by the St. Johns County Sheriff's Office and / or the Florida Highway Patrol. See Two in Fatal Crash in St. Johns County Florida Identified.

Automobile accidents in North Florida and the rest of the State of Florida tragically cause serious personal injuries and the deaths of residents and visitors to the State of Florida. Many such automobile accidents are avoidable if drivers obey the speed limits, follow road signs and traffic signals, yield traffic to the vehicle with the right of way, and properly maintain the vehicle so that all working parts including brakes, steering, and tires are in safe working order.

In Florida, many people suffer serious personal injuries when they are involved in an automobile accident / trucking accident with a drunk driver. Many accidents are caused or made more serious when a drunk driver is behind the will. Both motor skills and judgment are affected by the consumption of alcohol. If a person is injured as a result of the fault of a drunk driver, the victim can pursue an insurance claim and a civil action against the drunk driver. The decision to prosecute the drunk driver belongs to the local law enforcement agency and the State Attorney's Office. Restitution may be obtained through the criminal case but usually only for out of pocket economic expenses like medical bills. While drunk driving is an aggravating factor to the case, the value of a personal injury case is still primarily based on the extent of the injuries, medical bills, medical treatment, diagnosis of the injuries, and prognosis of the injuries. It is possible to pursue a claim for punitive damages against the drunk driver; however, it should be kept in mind that insurance companies do not cover punitive damage awards.

Continue reading "What Are My Rights if I am Hit by a Drunk Driver in the State of Florida?" »

In the State of Florida, a teen driver (under the age of 18) must get a parental consent signed by a parent or guardian to obtain driving privileges or a driver's license. Typically, the parental consent is signed when the teen child obtains his or her learner driver's license at the age of 15. The parent consent is valid and in place until the child reaches the age of 18 or until the consent is revoked in writing by the parent. The main Florida Statue on point is located at Section 322.09 which provides the following:

322.09 Application of minors; responsibility for negligence or misconduct of minor.—
(1)(a) The application of any person under the age of 18 years for a driver’s license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian; by a secondary guardian if the primary guardian dies before the minor reaches 18 years of age; or, if there is no parent or guardian, by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. This section does not apply to a person under the age of 18 years who is emancipated by marriage.

See Section 322.09, Florida Statutes.

It is important for parents to monitor the driving habits of their teen drivers. It is not only a moral responsibility but a legal one as well. The negligence of the teen driver and resulting damages become a liability for the parent even if the teen driver is driving a car owned solely by the teen or by another person.

Near Oviedo, FLorida, it was reported that there was an automobile accident involving a wrong way driver and a van with children in it. Tragically, the wrong way driver died as a result of this Florida automobile accident. The occupants of the van including the children were injured as a result of this accident. The automobile accident was reported to take place at approximately 1:00 a.m. on State Road 417 north of the State Road 434 exit.

Following road signs and directions can prevent accidents like these. If you are not familiar with an area, make sure that you are paying close attention to the road signs, direction of traffic, and flow of the traffic. You can read more about this story at S.R. 417 Crash Nearly Pushes Van with Children over 150-Foot Embankment, Officials Said.

Hit and Run Accident in Atlantic Beach Critically Injures Navy Pilot - Lt. Robert Huish

In Atlantic Beach, a hit and run accident critically injured a Navy Pilot (Lt. Robert Huish). It is dangerous being in the military and women and men like Lt. Robert Huish serve our country with pride and heroism. It is such a shame that one of our heroes was struck down not by a bullet, missile or enemy fire but by a cowardly hit and run driver in the Atlantic Beach, Florida area.

The serious injuries from this Jacksonville hit and run accident included a fractured leg, a fractured skull, and swelling in the brain. The Jacksonville Sheriff's Office is investigating this hit and run accident and is asking for any help to track down the driver who caused these most unfortunate and preventable injuries. You can read more about this story at Navy Pilot Critically Injured in Atlantic Beach Hit-and-Run. Any coward can drive away from an accident but it make take one brave person to step forward to provide evidence or information to lead to the arrest of the hit and run driver.

In Florida this Thanksgiving, the Florida Highway Patrol has decided that the 1,600 troopers in Florida will be patrolling the roads to ensure safe driving over the holiday.

Over the last couple of years, the Florida Highway Patrol has increased its presence on the roadways and as a result they have seen a decrease in the number of fatal accidents that occur during this busy travel time. The same week in 2008, there were 52 fatalities and in 2009 there were 39 related to motor vehicle accidents. This year, they are hopeful the decline will continue. The Florida Highway Patrol is hoping the local police, such as the Jacksonville Sheriff's Office, will also be patrolling their local roadways to ensure safety off the interstates too.

In Central Florida, the entire force of 212 troopers was assigned to work from Wednesday through Sunday of the holiday week. The goal is to cover every major highway and have local police patrolling their roads as well. The concerns are mainly for those speeding, following too closely, and weaving through traffic or simply recklessly. In high traffic areas, the careless driving of one can cause injuries to many, so they want to stop the aggressive driving and keep drivers focused on obeying the traffic laws. Another main concern is the use of safety devices such as seatbelts and child restraints.

The Florida Highway Patrol recognizes that heavy traffic can lead to an increase in accidents and related injuries. The goal is to somehow manage the risks by reminding people the troppers are out there to enforce the laws for the safety of the AAA expected drivers of 4 million this holiday week.

Is there a Florida Law on passing or overtaking a vehicle? The simple answer is Yes. Pursuant to Section 316.083, Florida Statutes, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

The statute further provides that except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

See Section 3416.083, Florida Statutes - Overtaking and passing a vehicle.

It is important for drivers in the State of Florida to follow these rules and other rules of the road. Safety should be put at a priority anytime that a driver is on the road. If it is safe to pass another vehicle, do so with caution and at a safe speed. If there is any question about passing another vehicle, be smart and wait for a better opportunity to pass. If you ultimately cannot safely pass the vehicle safely, you might be a few minutes late but this is a much be alternative then getting in a Florida automobile accident.

In Florida and other Statutes, merely obeying the posted speed limits is not enough. There are circumstances on the roadways that take place every day that require drivers to slow down, and, yes, driver under the speed limit. Section 316.185, Florida Statutes addresses this issue by stating that "the posted speed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318."

If there is a rainstorm, automobile accident, children crossing the road, a group of bicycle riders, or other situations, driver should slow down for the safety of others. If all we had to do was to follow traffic signals and speed limits, we could have robots drive our vehicles; however, there is much more to driving than obeying speed limits and traffic signals.

A Fernandina Beach, 24 year-old woman suffered fatal injuries from a car accident caused by a driver that ran a red light on Sunday evening on US Highway 1 in Nassau County. According to Jacksonville's Channel 4 news, Mistie Crews did not stop at a red light on Ratliff while she was traveling Southbound on US 1. As she went through the light, she struck a Chevrolet Blazer that was turning onto the roadway. The Chevrolet Blazer carried a driver and passenger. The passenger died as a result from accident related traumatic injuries. The driver of the Blazer suffered severe personal injuries from the crash. According to the Florida Highway Patrol charges are currently pending. Unfortunately, there are also reports that neither the driver or passenger of the Blazer was wearing a seatbelt. Until further investigation is complete, it is unknown whether a seatbelt would have saved the life of the young woman.

Late night driving can be the cause of severe accidents due to Fatigue of a driver; drinking, which is not indicated in this case and laziness due to traveling either long or short distances at that time of night. There is an idea that less traffic equals less traffic accidents. It is important to remember safety precautions and following street lights and signs at all times on the roadways. Fatigue or lack of traffic does not mean that traffic laws should not be followed. If you are getting behind the wheel of a vehicle it is important to remember defensive driving techniques, which include being aware of all of your surroundings at all times.

Continue reading "Fernandina Beach, Florida Woman Suffered Fatal Injuries in Car Accident" »

By Lenorae Atter, Attorney

1. Breathe and make certain you are okay. Sometimes we do not realize that injuries have occurred due to shock.

2. Contact the police and let the officer know if an ambulance or fire rescue is needed.

Have the following items ready:

1. Your drivers license.

2. Your insurance card.

3. Your registration. Typically you receive an updated one in the month of your birthday, so put that in a place it is easily accessible in your car.

4. Once the police ask you what happened be certain to a take breaths when explaining. Often, when an accident occurs the adrenaline is running high and the speed of talking can increase. Try to remain calm so that the officer can understand what occurred.

While you are waiting for the police officer to generate a report, it is a good idea to use your camera phone to take pictures of the scene. You want these for use when you file your insurance claim for property damage, but also if you or the other driver/passenger is injured in the accident. Photographs can help formulate your side of the incident if they are taken of the position of the cars and the damage done to the vehicles.

Once you have the police report and have gotten the information as to where the car will be located (get a business card of the tow truck driver).

Before providing a statement to an insurance company, it is advisable to contact a Florida personal injury attorney for advice and representation (if necessary) regarding your rights and Florida law. Insurance adjusters are trained individuals who represent the interest of the insurance company. The insurance adjuster works for the insurance company not you. The insurance adjuster's loyalty is to the insurance company not you. When dealing with an insurance company, having an attorney at your side and on your side is very helpful and can help protect your legal rights.

If you start treating for injuries related to your accident and the other party calls you and offers to "settle your claim for injuries." Do NOT accept their offer. Typically the offer given by the insurance company for immediate injuries is pennies on the dollar for your actual injuries. You have not had time to find out how long you will need treatment, the cost of the treatment needed or the severity of your injuries.
If you are injured from the accident, again be certain you know what your PIP (no-fault) coverage is. Do you have a deductible? If so, what is the amount of the deductible? Make certain your doctor is provided your car insurance information including the claim number, address and name of the company. Your car insurance should be billed before your health insurance. Your PIP coverage will pay 80% of the bill. If you have Medpay, then you have the 80% coverage and Medpay will pay the remaining 20%.
If you need further assistance or need to seek the advice of counsel, please do so. Also, do your research about the law firm.