What are the primary causes of rollover crashes and how can injury be avoided? Numerous studies have been prepared on these issues. The Fatality Analysis Reporting System (FARS), an annual census of all fatal motor vehicle crashes occurring in the United States as well as the Federal Highway Administration data on vehicle registrations and Vehicle Miles Travel shed interesting data. The National Center for Statistics Analysis (NCSA) published a comprehensive analysis of the statistical data obtained by these entities. The most important conclusions are as follows:

1. Nearly 3/4 of occupants killed in rollover crashes were not using restraints and slightly less than two-thirds of them were completely ejected from the vehicle.

2. Most fatal rollover crashes are single vehicle crashes.

3. Positive elevated blood alcohol levels are associated with fatal rollovers, and particularly fatal single rollovers. Involved drivers with positive blood alcohol levels are more likely to have blood alcohol at or above the intoxication level.

4. Rollover crashes are more likely to result in fatalities than other types of crashes.

5. Rollover crashes constitute 1/5 of all fatal crashes.

6. The number of fatal passenger car rollover crashes has been decreasing in recent years.

7. The number of fatal light truck rollover crashes is increasing, particularly among SUVs and vans.

8. The number of fatal SUV rollovers has more than doubled since 1991, growing faster than any other class of light trucks.

9. Speed was an important factor in fatal rollovers, with most crashes occurring on the roads where the speed limits were 55 miles an hour or greater.

Obviously, the above data demonstrates a few irrefutable statistics. Driving under the influence and speeding increased the likelihood of rollover accidents. Moreover, failure to use a safety restraint system greatly increases the risk of the injury and death. Equally irrefutable, however, is the fact that SUVs are at a greater risk of rolling over in an accident. Unfortunately, often the risk is unnecessary and due solely to defective designs in the vehicle by the manufacturer. Before purchasing a vehicle, you may obtain its rollover rating from NHTSA at http://www.safercar.gov/Vehicle+Shoppers/5-Star+Safety+Ratings.

SUVs can be a fun, as well as an efficient, source of transportation. In order to minimize the associated risks, however, be smart, educated, and be prepared.

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.

At Lesser, Lesser Landy and Smith you will always speak with an attorney. Before hiring an attorney or law firm you have the right to know about your attorney’s experience in handling cases similar to yours. Questions to ask and have answered should include “How many cases like mine have you handled?” “How many like mine have you actually taken all the way to trial?” In all of our daily travels we see TV commercials, billboards, buses, taxis and benches that advertise for attorney services. You should not just hire an attorney because you have seen such advertisement, without first checking if the attorney or the law firm is best suited to representing you.

As an injured client, you have rights before and after you hire an attorney. These rights include knowing about the attorney’s experience and knowledge in handling cases similar to yours. You have the right to know who will be working with the attorney on your case. Will the attorney you hire send your case over to another attorney to handle? If so, you have the right to know about this possibility up front, and you should feel comfortable about this and to whom the case may be referred, before you sign the contract. You, as an injured client, have the right to know and approve of who will be working on your case. Some attorneys take and handle many cases, but few attorneys are prepared to actually file the lawsuit and take the case to trial. You have the right to know if your personal injury attorney or personal injury law firm will file the lawsuit and take the case to trial if the insurance company does not offer the money compensation you deserve.

Once you have hired a personal injury attorney and signed the contingency fee agreement, you have the right to know what is going on with your case at reasonable intervals. If you already have an attorney, stop and think, does my attorney keep me informed as to what’s going on with my case? Have I received copies of letters he or she has mailed out on my behalf? If not, you should contact your attorney and question the handling of your case and expect answers that are satisfactory to you.

If you’ve hired or are about to hire an attorney to represent you for personal injuries, you will sign a contingency fee contract. A contingency fee contract is one in which the attorney takes a percentage of the total recovery at the end of the case. This means that there is no need for an injured client to pay any money for legal services until the case is resolved. If there is no recovery, the attorney will take no fee. The percentage is usually a standard 33 1/3 % from the time the attorney is hired, up until the time the attorney files a Complaint and the defendant files an Answer. Then the fee goes up to 40%, where it remains. There are exceptions to these percentages, some are by law, or by agreement, and you should understand the fee arrangement and feel comfortable speaking with your attorney about the fees to be charged.

You have the right to know about how the attorney or law firm will handle the costs associated with your case. The costs associated with your case are generally those needed to get the case moving and into a position of settlement or trial. You may find that there are attorneys who will not file a lawsuit without asking for money from you up front. At Lesser, Lesser, Landy and Smith, we never ask you for any retainer or payment of money while the case is still pending. If we handle your personal injury case, we are prepared to front all the costs until the conclusion of the case. Before signing a contingency fee contract you should know how the costs are to be handled and paid.

Being injured is not fun. But you should feel confident in your attorney’s skill, and knowledge in handling your legal case, so you can concentrate on receiving the medical care you need. If you are already represented, but are not satisfied with the representation you have, or if you are in the process of hiring an attorney, the attorneys at Lesser, Lesser Landy and Smith are available to speak with you and discuss your rights as an injured client.