North Florida Injury Lawyer Blog

Do I automatically win my Florida personal injury case if the other person gets the traffic citation from the police officer? The simple answer to this question is "No". A person does not automatically win his or her Florida personal injury case just because the other person received the citation following the Florida automobile accident. In Florida, a police report is generally inadmissible a civil lawsuit for the personal injuries against the driver listed in the accident report.

What is the reasoning behind this Florida law? If the accident report is admissible, then the decision or the factual resolution of a matter would be left to the police officer. In most automobile accident cases, the police officer does not personally witness the accident as it takes place. The police officer shows up after the accident already happened. Upon arrival, the police officer takes statements and assesses the accident scene. Then, the police officer makes an assessment as to fault or violation of Florida Traffic Rules and Regulations.

While the police officer has the power and duty to issue traffic citations, the police officer does not have the power or ability to determine the course of an insurance claim, civil claim, or civil lawsuit regarding the automobile accident. Even though the Florida accident report is not admissible in a civil case in most instances, the insurance company and parties will consider the conclusions and findings of a police officer in the police report in assessing the strengths and weaknesses of their particular part of the case. It is typically better for an automobile accident injury victim to have the other party issued the citation.

Florida laws are not always fair, reasonable or logical. Because the laws can be confusing and an accident victim can benefit from the services of an attorney, an injury victim should contact a Florida Automobile Accident attorney for advice, consultation and representation when pursuing a claim for damages / compensations related to a Florida Automobile Accident.

Most Florida traffic citations are issued pursuant to Chapter 316, Florida Statutes. You can read about these statutes at Florida Traffic Statutes, Rules and Regulations.

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 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.

In Florida and other States, an automobile accident with a School Bus can result in serious personal injuries and, in some automobile accidents, death. It is important for school bus drivers to obey traffic signals, posted speed limits, traffic signs, and traffic and road conditions. A fatal automobile / school bus accident was reported in Santa Rosa County, Florida. The Florida Highway Patrol responded to the scene and reported that George E. Potter, III was killed after a bus with the Santa Rosa County School District ran a stop light. See Florida Highway Patrol Reports that Man Died as a Result of Accident with School Bus.

Florida has specific rules and regulations in place that apply to drivers, operators or school buses, pedestrians, bicyclists, motorcyclists, and others. 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 Polk County, Florkda, a fatal automobile accident was reported that involved two pick up trucks/ The crash took place just before 7:00 p.m. in Lake Hamilton, Florida. One pick up truck had apparently turned into the path of another pick up truck. See Two People Killed and Others Suffer Personal Injuries in Polk County, Florida.

Many Florida automobile accidents can be avoided if drivers obey the posted speed limit zones, traffic signals and road signs. Accidents can also be avoided if drivers limit driver distractions. See Florida Traffic Rules, Laws, 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" »

The Jacksonville Sheriff's Office has issued over 400 citations in the past 3 years to drivers who violate Florida Traffic Laws regarding the passing of school buses. Many laws are in place for the safety and protection of children. The laws regarding the passing of a school bus with its red lights on and stop sign arms extended are among the laws that truly serve to protect children. Unfortunately, drivers in Duval, Clay, St. Johns, and other Florida Counties violate these Florida traffic laws. Why are these laws violated? Some are ignorant of the law. Some drivers just lack common sense that would lead them to stop when children are present as pedestrians departing or getting on a school bus. Some drivers just ignore the Florida laws in an effort to save a few seconds or minutes to get to their destination. Whatever the reason, children are put at risks any time that a driver ignores the Florida law as to the passing of a school bus. See Florida School Bus Laws Ignored. See also Florida Traffic Laws and Statutes - Frequently Asked Questions.

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.

A fatal automobile accident was reported by First Coast News on Interstate 95. The accident involved two motor vehicles in which one of the vehicles flipped several times. This, in turn, lead to the ejection of two of passengers. One of the passengers was pronounced dead at the scene of this St. Johns county accident while the other victim was airlifted to Shands for further treatment and evaluation. See Fatal Crash on Interstate 95 - Car Flips - Two Occupants Ejected.

Automobile accidents frequently occur in North Florida (Duval, Clay, St. Johns, Nassau, Baker, and Flagler Counties). Some of these Florida automobile accidents are preventable with better and safer driving. The cause or fault associated with this reported accident was not detailed in the news release.

Many Florida automobile accidents can be prevented by following the speed limits and paying closer attention to road conditions and traffic. Distracted driving is a big problem on Florida roads and elsewhere. While it was great to have a mobile phone that can text, e mail, take pictures, and do thousands of other things, mobile phones are known to cause a driver to be distracted which, in turn, can lead to automobile accidents with serious personal injuries and, in some cases, the death of a driver of passenger. See also Florida Traffic Statutes and Laws - 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.

It can be quite dangerous for motorcyclists / bikers travelling the roads and highways of Florida. Jacksonville (Florida) Fire and Rescue reported that a motorcyclist was recently hospitalized with life threatening personal injuries. The motorcycle crash was reported on the Northside of Jacksonville on Yellow Bluff Road. Due to the severity of the personal injuries sustained by this biker, the Jacksonville Sheriff's Office Homicide Division will be investigating the cause and preventability of this motorcycle / automobile accident. See Motorcycle Accident Reported in Jacksonville, Florida.

Whether a person is operating a motorcycle, automobile, truck, bicycle or other vehicle, it is important that the rules of the road in Florida are followed. Traffic regulations in the State of Florida are primarily listed under Chapter 316, Florida Statutes. You can read more at Florida Traffic Rules, Regulations, and Statutes - Frequently Asked Questions.

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?" »

A man who was recently killed in a hit-and-run accident in Seminole County, Florida, has been identified as 36-year-old Charles Long. Long's body was lying in a grassy shoulder along Monroe Road for nearly two hours before he was found. He rode his bicycle to work everyday, a 14-mile trip from DeBary to Lake Mary and back. Long was employed as a dishwasher at a pizza restaurant. According to the Florida Highway Patrol, Long was traveling north in the outside, southbound lane of Monroe Road in Sanford, Florida, near U.S. Highway 17-92 when he was struck by a pickup truck that was traveling southbound in the same lane. The truck struck the front of Long's bicycle, sending him flying into the grassy shoulder where he was later found dead. The pickup truck that struck Long was turned into the Seminole County Sheriff's Office. For more details please read Man found dead in grassy shoulder of Monroe Road in Seminole, Florida, hit-and-run collision.

Florida law establishes a duty upon all drivers that are involved in a crash that results in injury to any person to stop their vehicle immediately at the scene of the crash, or as close thereto as possible. See Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.027 - Crash Involving Death or Personal Injuries.

Also, the driver of the vehicle has a duty to remain at the crash site until he or she has fulfilled the requirements set out in section 316.062, Florida Statutes. Any driver who willfully violates the provisions of sec. 316.027 commits a third-degree felony.

If you would like to read more Florida Traffic Laws visit the Wood, Atter & Wolf, P.A. website: North Florida Injury Lawyer Blog.

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.

In a new study involving automobile accidents and teen drivers, 68 percent of teens said that they have narrowly avoided a crash, and more than half said they have had more than one close call in the past year. Liberty Mutual Insurance and Students Against Destructive Decisions (SADD) surveyed more than 2,000 students in 28 high schools for the study. Of the students that said they have had a close call in the last year, 55 percent blamed other drivers or bad weather, yet when they were asked what they were doing at the time of the near accident, 30 percent said they were speeding, 21 percent said they were texting and 20 percent said they were conversing with other passengers in the car.

According to the Centers for Disease Control and Prevention, teens are four times more likely to be involved in an automobile accident than older drivers. The CDC estimated that approximately 2,000 teens were killed in automobile accidents during 2009 and 350,000 were treated for personal injuries.

The Liberty Mutual/SADD study showed that teenagers are more likely to change their driving habits after being involved in a car crash. Only 36 percent said that their habits changed only for a few months, whereas the rest said that they changed their habits permanently. For parents who want to monitor their teens driving behavior, smart phone applications such as iGuardianTeen and Speedbump are available. In addition, navigation devices such as MobileTeen GPS are also available. For more information on this topic, see Most teen drivers admit to narrowly avoiding an accident.

The most common type of driving citation issued is for Florida automobile accidents is careless driving. This type of citation is often issued in rear- ended collisions. However, sometimes this type of citation is issued in other circumstances when an accident is not involved. Florida statute 316.1925 defines careless driving as the following:

“Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.”

Careless driving is a less serious charge than reckless driving. Careless driving is often associated with an accident if you fail to account for road conditions, or became of radio or cell phone distractions. Also, people may be cited for erratic lane changes. Although careless driving ticket can often be costly and impact your right to drive, a reckless driving charge is much more severe. A reckless driving charge can lead to license suspension, heavier fines and can ultimately result in a criminal record. Reckless driving is often cited for aggressive driving, road rage, road racing, and automobile accidents that result in serious personal injuries. For more information on careless driving, see Florida Statute 316.1925.

According to Florida Statute 316.183 Unlawful Speed, “No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”

Federal statistics prove that speed is a contributing factor in one out of every three fatal car accidents. Speed can reduce a driver’s ability to steer safely around objects or curves in the road, and it extends the distance needed to stop a vehicle in the event of an emergency.

In addition, the severity of an automobile accident increases with speed. The effectiveness of safety restraint devices such as safety bags and seatbelts decrease as the speed increases. Government statistics show that the probability of death, disfigurement or serious personal injury doubles for every 10 miles per hour over 50 miles per hour.

Here are a few speed facts to keep in mind:

• 60 percent of all speed-related fatalities occur on rural roads.
• 60 percent of all speed-related crashes occur between the hours of six p.m. and six a.m.
• Two of every three speed-related crashes involve only one vehicle.
• Drivers involved in speed-related accidents are more likely to have a history of traffic violations.
• 1,000 Americans are killed every month in speed-related accidents.

Many drivers do not realize the dangers of speeding. However, the facts do not lie. Driving at an unlawful speed can kill you. For more information, see Florida Statute 316.183.

Speeding is the cause of many automobile accidents. Florida drivers are given speeding citations more than any other traffic citations. In order to avoid traffic citations, as well as accidents and injuries, drivers should obey all speed limits.

The maximum speed limits on all streets or highways for vehicles must be 30 miles per hour in business or residence districts and 55 mile per hour at other locations. However, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour for a residential district. The minimum speed limit for highways that are a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour. But when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour.

Established speed limits show the maximum speed that a driver may driver under good conditions. Florida drivers have a responsibility to adjust their driving speed to meet present conditions. For example, if the weather is bad or there is heavy traffic congestion, a driver should reduce their speed below the speed limit. The appropriate speed is a safe speed that allows a driver to have complete control over their vehicle. For more information, see Florida Statute 316.183.

Florida Statute Section 316.192 defines reckless driving as anyone who drives a vehicle in willful or wanton disregard for the safety of persons or property. In addition, any person that flees a law enforcement officer in a motor vehicle has committed reckless driving “per se”.

The consequences of a reckless driving conviction vary on the level of offense.
• First Offense: the minimum fine for reckless driving is $25 and the maximum is $500. Any person convicted of reckless driving shall not be sentenced for a period exceeding 90 days in jail.
•Second or Subsequent Offense: the minimum fine for a second offense of reckless driving is $50 and the maximum is $1,000.

There are even harsher penalties if the driver damaged property or a person. This then is considered a misdemeanor of the first degree. Causing serious bodily injury to another while recklessly driving is considered a felony of the third degree.

In addition, if the court has reasonable cause to believe that the use of alcohol, chemical substance or controlled substance contributed to the reckless driving then the court may order the person to complete a DUI program substance abuse education course and evaluation. For more information on this topic, see Florida Statute 316.192.

In Jacksonville and throughout Florida, riding bikes is a popular hobby for people seeking to exercise or simply enjoy the day. Robin Henningsen-Bruce, nearly 50 years-old and a cancer survivor, rides her bike every day 20 to 100 miles near St. Cloud. She rides for health and the pleasure of spinning along at 20 mph. But each trip comes at a considerable risk in Florida where many motorists consider bicyclists to be nuisance, yet Florida Statutes and related laws require both to share the road. Henninggsen-Bruce wrote in an email, “Too many, on both sides are vastly ignorant of the laws and rules that regulate our roads in Florida. I can't blame it all on vehicle drivers as I see a lot of cyclists who blatantly give us a bad name by running lights, stop signs, riding salmon style (against traffic) and just crossing at will.”

According to Mighk Wilson, a smart-growth planner and bicycling advocate at MetroPlan Orlando, said that a common misconception is that bicyclists do not have the right to ride in the middle of a traffic lane for their safety. The practice is known as the “controlling lane,” and allows riders to avoid dangerous obstacles on the roadside and enables them to safely make left turns. Florida Highway Patrol spokeswoman Sergeant Kim Montes also said that motorists do not want to provide bicyclists with the three feet required by a safe passing law on roadways.

However, Florida bicyclists also can cause safety problems. Montes said the two most common traffic violations made by bicyclists are wearing headphones so they cannot hear traffic and riding the wrong way. Just like motorists, bicyclists must abide by the same traffic laws including: riding with the flow of traffic, obeying stop signs and red lights and not riding at night without mounted headlights and taillights.

Alan Snel of the South West Florida Bicycle United Dealers, a Tampa Bay advocacy group thinks that common courtesy could defuse the whole problem; "Both groups can settle it if they show each other respect." For more information on this topic, see sharing the road: bicyclists, bikers and motorists have same rights and duties under traffic laws.

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 hit and run death of Lt. Robert Huish took place on November 28, 2010. Since the accident, investigators went to work to track down the driver of the hit and run vehicle. The suspected driver - Gregory Matthew Jacobs (age 29) appeared in a Duval County Courtroom to face criminal charges for the tragic hit and run death of Lt. Robert Huish. The State Attorney's Office has the responsibility of pursuing this case and must prove its case beyond a reasonable doubt. Mr. Jacobs will be entitled to defend himself against these charges. Evidence in the case will include witness statements and forensic evidence including but not limited to the vehicle that investigators believe was involved in the fatal accident. Police located the black Isuzu Rodeo with front end property damage in the garage of Jacobs' home. Investigators and forensic experts should be able to match the property damage to the vehicle to bicycle and other evidence obtained by investigators at the scene. This, of course, assumes that the the Rodeo was the vehicle involved in the crash. See B Beaches Man Charged with Killing Jacksonville Navy Pilot in Hit and Run Accident.

The family of Lt. Robert Huish may also decide to pursue a civil case against the driver and owner of the suspect vehicle for the untimely and tragic death of Lt. Robert Huish. This case must be proved by a preponderance of the evidence which is a lower standard than the criminal standard. Florida also has adopted a comparative fault standard for automobile accidents. In other words, a jury could apportion the fault among two or more people.

Pursuant to Florida Statute Section 316.027, the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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.

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.

Pursuant to Section 316.130, Florida Statutes, the driver of a vehicle at an intersection
that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Furthermore, this same statutes provides that the driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

There are other statutes in place in Florida that pertain to pedestrians. The most simple way to put it is that vehicles should yield to pedestrians. The weight and force of a vehicle is no match for a person. When driving, take the extra time to slow down and give every deference to a pedestrian especially child pedestrians. You can read more about Section 316.130, Florida Statutes and other laws at the Official Site for the Florida Statutes.

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.

Written By: Lenorae C. Atter
Attorney at Law

Florida recognizes comparative fault in damages for negligence arising from incidents including but not limited to automobile accidents, slip and fall incidents, and premise liability and negligent security matters. Florida Statute 768.81 provides that a person cannot be barred or stopped from seeking damages for injuries if that person is somewhat at fault for the negligence. What does this mean?
If you are involved in a car accident because you were texting while driving, but the other party ran a yellow or red light, then you could be found partly at fault for the accident. Not paying attention is negligence, however, the other person's failure to obey a traffic signal is also amounts to negligence. In Florida, you can still recover damages if a judge or jury determines that you were partially at fault for the automobile accident. A judge or jury can assign a certain percentage of fault to each driver. If the liability is clear (i.e. you were going the speed limit, paying attention to the roadway and someone hits you while you're stopped at a red light), then fault is most likely 100% to the other driver.

Florida recognizes that injuries can occur because of more than one reason, however, the party at most fault for the injuries should be responsible for his/her portion of the injuries. Florida has a better set of laws in place as compared to other States. For instance in North Carolina, a person may be barred from recovery any money for injuries if it is determined that the injured person is even 1 % at fault for the automobile accident.

Continue reading "Florida Comparative Fault for Injuries" »

A Jacksonville, Florida man, James Leon Odum, was arrested Sunday, August 15, 2010, for a hit and run with injuries. According to a news story reported by First Coast News, the man admitted to police that he may have been driving under the influence.

The victim, Anthony Griffith, was driving his Honda Fit up the I-10 ramp from Irene Street Saturday night when he was rear-ended twice by a truck. When Griffith pulled his car over to assess the damage, the truck ran into him and drove away. As a result, Griffith suffered multiple injuries including a broken leg and five fractured ribs.

According to the Jacksonville Sheriff's Office, Odum reported the automobile accident and informed the police that he may have hit someone on the I-10 ramp. Odum also informed the police that he may have had too many drinks before driving his truck home.

Driving under the influence is not only negligent, but reckless.

Continue reading "Jacksonville Florida Man Injured in Possible DUI Accident" »

According to a recent study by Transportation for America and the Surface Transportation Policy Partnership, Florida is the #1 state for cyclists and pedestrians killed in car accidents.

If you are riding a bicycle and get hit by a car, what you do following the accident can either help or harm you when it comes to recovering damages. Here is what you should do to help yourself:

Call the police – Even if you have sustained minor or no injuries, you should all the police and wait for them to arrive so they can take a police report. If you leave without doing this, you may have problems down the line with witness statements, insurance information, and other details as to the Florida bicycle accident.

Do not settle the case at the automobile / bicycle accident scewne – While the driver may be apologetic and offer you some sort of immediate compensation, do not negotiate. Wait for the police and be sure your version of the story is recorded in the report. Many drivers may try to deny their negligence at a later date in order to escape liability for the personal injuries, medical bills, and related damages.

Get driver and witness information – be sure you get contact information for the driver as well as anyone who witnessed the accident. Write down any witnesses’ comments that may be useful to your case later.

Record your story – Write down everything you know about the accident, including date, time, location, weather conditions, traffic conditions, etc. Don’t rely simply on memory, which can change as a result of the trauma or the passage of time.

Don’t fix anything – Do not take your bike to be fixed. Keep everything as it was following the accident – your bike, bike helmet, clothing, shoes, etc. Take photos as well.

Call a Florida personal injury attorney – even before you notify your insurance company, call a Florida personal injury attorney who can advise you on your Florida legal rights and the at fault driver's legal responsibilities for your propert damage, medical bills, future medical treatment, and pain and suffering damages.

If you or a member of your family have been injured in a bike accident and suffered any physical or emotional loss, contact our Jacksonville Florida personal injury law firm.