Florida is referred to as a “no fault” insurance state.  “No fault” does not mean you are  responsible for paying for someone else’s negligence when someone else causes a crash.  “No fault” means that Florida requires each vehicle owner to carry personal injury protection (“PIP”) insurance in the amount of $10,000.00 on their vehicle.  If a crash occurs, PIP insurance covers the owner of a vehicle and any resident family members involved in the crash who do not own vehicles.  Regardless of fault, PIP usually pays 80% of the medical bills and 60% of the lost wages that a covered occupant incurs, up to the $10,000.00 limit.                                                       

If a driver is at fault for causing a crash which results in injuries to you or a loved one, the at fault driver’s bodily injury (“BI”) coverage is triggered.  BI insurance pays for damages, including but not limited to, future medical care, pain and suffering, mental anguish, and other damages not covered by PIP.  If you or a loved one are the victim of a car crash caused by a negligent driver, BI insurance may cover the loss.  However, if the damages exceed the policy limits of the BI insurance, or if there is no BI insurance, it is important to attempt to find other coverage for your loss.

Uninsured or underinsured motorist (“UM”) insurance is important coverage for Florida drivers to purchase.  When negligent drivers carry no insurance, or when they have BI insurance that will not cover all of your damages, UM insurance may be available to pay for the loss.  Typically, a UM policy covers you and any relative in your household injured by another person’s negligence when there is a no BI coverage or when there is inadequate BI coverage.  The UM policy pays for future medical care, pain and suffering, mental anguish, and other damages not otherwise covered by PIP and BI insurance.  Sadly, many of our clients first learn they do not carry this important coverage when they have a collision with an uninsured driver.  We encourage everyone to check their insurance policies to make sure they carry ample UM coverage.

In addition to the basic insurance coverages mentioned above, there may be other insurance to cover your loss.  The lawyers at Lesser, Lesser, Landy & Smith have handled thousands of motor vehicle crash cases and can help you discover what insurance will cover your loss.  If you, your child, a friend, or loved one has been injured in a car crash and you have questions about what insurance coverage is available to cover the loss, please do not hesitate to contact us.

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.

1. If you are able to safely do so, move your vehicle out of the way. Turn on your emergency flashers. Make sure your vehicle is securely in “park.” Don’t cause a second accident by rushing to deal with the accident that has already happened.

2. Are you injured? If so, call 911 immediately and immediately tell the operator this is an accident with injuries so an ambulance can be dispatched without delay. Don’t assume your injuries aren’t serious. Let trained professionals diagnose you and, if necessary, treat you.

3. If you are not injured and you can safely do so, check everyone else involved in the accident for personal injuries. Now is not the time to argue about whose fault the accident is, etc. Check for injuries and call 911 immediately. Tell the 911 operator up front that this is an accident with injuries, if that is the case.

4. Even if there are no injuries, call the police. ALWAYS. Let the police do their job and document the accident. Sometimes even seemingly minor accidents turn out to be something more. It doesn’t matter if you caused the accident or someone else did – protect yourself by calling the police.

5. While waiting for emergency personnel, NEVER stand in the roadway or in front of your car. Other drivers often gawk at an accident scene. Don’t survive a fender bender merely to become a wrongful death victim. Get safely out of the way. If your car is in the roadway, warn oncoming drivers as best as you safely can.

6. If you are not injured, take pictures. If you are injured and someone is with you who isn’t, ask them to take pictures. Most cell phones today take good quality pictures. Photograph the vehicles (take multiple pictures of the property damage) and the scene (taking particular care to document skid marks and debris in the roadway).

7. DO NOT DISCUSS HOW THE ACCIDENT HAPPENED WITH ANYONE OTHER THAN THE POLICE. Cooperate fully with the police. Tell them what happened. In Florida, statements made to police officers following a simple car accident are privileged and cannot be used against you in a civil case. Admissions of fault to others can always be used against you; they are NOT “hearsay.”

8. Be sure you exchange information. Do not leave the scene without getting the name, address, phone number, license plate number, driver’s license number, and insurance information (name of company, policy number & name and number of agent) for all drivers – regardless of whom you believe to be at fault for the accident. Get as much information you can from all potential witnesses. If a helpful witness needs to leave, take their name, address, and telephone number so they can be contacted later.

9. Report the accident to your insurance company ASAP. You have a duty to cooperate with your insurance company’s investigation. Do NOT discuss the accident with an adjuster representing one of the other drivers. This adjuster is not your friend and is really trying to have you say something helpful to her insured.

10. If you are injured, call us. Personal injury and wrongful death is what we do. Please visit our web site for additional information about our experience and qualifications: www.lesserlawfirm.com