Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

1. Safety helmets – Section 316.211 Equipment for Motorcycle and Moped Riders – Not required for those over the age of 21 with a minimum of $10,000 in medical insurance. Despite the fact that the law does not require the use of a helmet, it is without a doubt the single most important element of motorcycle safety. As trial attorneys, we have encountered those clients that have been involved in motorcycle accidents that, due to the use of a helmet, broke their bones but kept their brains intact. On the other hand, we have also encountered the tragic results of a catastrophic brain injury, and even death, which may have been prevented by the use of a helmet.

2. Licenses and Educational Requirements – Prior to their obtaining their license, the riders must pass a skill as well as a knowledge test. Florida will accept motorcycle endorsements from other states.

3. Eye protection – Eye protection is required by Florida law at all times while operating a motorcycle.

4. Daytime use of headlight – In order to maximize the motorcycle’s visibility to oncoming traffic, daytime use of headlights is required by Florida law, although a modulating headlight is permitted.

5. Passenger – A passenger seat, as well as passenger foot rest, are required for all passengers. There is no age restriction for motorcycle passengers.

6. Speakers – Motorcycle speakers, as well as helmet speakers, are allowed. On the other hand, earphones are illegal as they are obstructive to proper hearing of the motorcyclists.

7. Safety inspections – Florida has no periodic safety inspection requirement.

8. Mufflers – Pursuant to Florida Statute 316.293(5)(A), Noise Abatement Equipment Modifications – No person shall modify the exhaust system of a motorcycle or any other noise abatement device of a motorcycle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motorcycle is above that emitted by the vehicle as originally manufactured.

9. Insurance Requirements – The financial responsibility laws are unique in Florida as they apply to motorcyclists. Florida’s no-fault, or “PIP law”, is mandatory for cars and trucks. This coverage pays for the occupant’s first $10,000.00 or more in medical expenses. This law does not hold true for motorcyclists – Florida’s no-fault law is inapplicable to motorcyclists. On the other hand, the financial responsibility law does apply to all motor vehicles including motorcyclists. Thus, it is highly recommended that all motorcyclists purchase motor vehicle liability insurance. Failure to carry property damage and bodily injury insurance, in case of a crash, may result in possible license suspension.

10. Operation – Pursuant to Florida Statute 316.209, motorcyclists may operate two abreast in the same lane. Specifically, the statute states, “Motorcycles on Roadways Lanes of Traffic – (1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.”

On the other hand, motorcycle lane splitting is prohibited. Pursuant to Section 316.209(2), Operating Motorcycles on Roadways Laned for Traffic, “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”

Motorcycles are fun to operate and serve as an economical source of transportation. In order to stay safe and protect yourself, it is imperative to follow the laws of the road.

Florida is one of a handful of states that deem a car to be a “dangerous instrumentality” and, therefore, hold the owner liable for the harm it causes.  Common experience tells us that cars are dangerous and frequently cause injury and even death.  The “dangerous instrumentality” doctrine is logical and helps to protect the innocent victims of car crashes.

There are some limited exceptions to the rule.  When control of the vehicle is relinquished to a valet or a mechanic, the law generally does not hold the owner liable.  Similarly, if the vehicle is stolen, the owner is not liable.  There can still be liability, though, if the vehicle was stolen when the keys were left in it.  Finally, the law places certain caps on an individual’s financial liability as owner of the vehicle.

If your vehicle is frequently used by another, be sure to bring this to the attention of your insurance agent.  You want to be sure your liability exposure is covered under your policy.  Many policies exclude coverage for unlisted drivers who regularly use the vehicle.  While this might give the insurance company a defense to coverage, your financial liability will remain.  Cover yourself appropriately so the “dangerous instrumentality” doctrine does not take a bite out of your family’s financial well being.

In this challenging economy, your agent realizes that many people are simply looking to secure the least expensive automobile insurance available in order to simply fulfill the minimum state mandated requirements. This agent may therefore sell you insufficient insurance out of concern that you may go to one of the agent’s competitors and purchase a less expensive policy from that competitor, or may not take the time necessary to make sure that all necessary information is disclosed on the insurance application. You MUST be proactive and take the time to review the insurance application to make sure the information is correct, and that all pertinent information requested is provided. 

On many occasions, I have seen clients frustrated over their insurance company’s denial of their medical benefits incurred following a car accident because they did not take the time to review their insurance application. During these occasions, after a claim for medical benefits, people then often receive the insurance company’s denial of medical benefits based on a “material misrepresentation.” The most common example of the insurance company’s “material misrepresentation” defense involves the named insured failing to disclose resident relatives in the same household. It does cost more to insure an individual who resides with his wife and kids than it does to insure that same individual who resides alone, but it is imperative to purchase not only enough insurance, but also proper insurance in compliance with the information requested on the application. In Florida, there is a presumption that if you signed it, you understood what you signed. It is typically not a good excuse to respond to a material misrepresentation claim by saying “my agent did not explain that I also had to list my household family members,” when the application clearly requests that information be provided. No one expects to be in a car accident, but you need to be proactive just in case one does occur. Therefore, review your insurance application carefully to make sure all the information requested is provided accurately. We are available to answer any questions you may have and to review your insurance information with you.