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Tag: Personal Injuries

Annual Medical Costs Related to Bicycle Accidents Soar Into the Billions

Bicycle accidents are on the rise

A study published this week in the journal, Injury Prevention, estimates that from 1997 to 2013, the medical costs for non-fatal bicycle crashes involving adults increased by an average of $789 million each year. In 2013 alone, total costs were $24.4 billion – about double the amount for all occupational illnesses, the researchers wrote. Those figures cover emergency transport, hospital charges, rehabilitation, nursing home stays, the cost of lost work, and quality of life, among other things.

The rising costs can be partially explained by how bike crashes have changed in recent years, according to Thomas W. Gaither, one of the study’s authors. In the past, there were many “non-street” incidents, but these days most involving adults are crashes with motor vehicles. In 1997, 46 percent of injuries occurred on a street, while in 2014, nearly 67 percent did. This increases, “the velocity of the crash impact and, as a result, the severity of the injury,” Gaither explained. He and the other researchers also suggested that, “streets might also predispose to more injuries due to the coexisting environment with urban areas, increased population density, or the presence of more unyielding street furniture” (meaning things such as telephone polls, fire hydrants, parking meters, and the like).

Despite the bad news about the medical and cost consequences, the researchers said they still thought cycling’s health benefits outweighed its risks. But they concluded the study findings show that there should be a policy focus on injury prevention, adding that better design of roadway infrastructure, and even of bikes and cars, might be in order.

Legal rights are affected by an accident, and it is in your best interest to have a knowledgeable attorney review the facts of your case before you decide what course of action to pursue. An attorney can negotiate a replacement bicycle and/or compensation for damage to your bicycle, and negotiate a bodily injury settlement with the insurance company that takes into account all of your damages, including your pain and suffering. You can learn about all your legal rights and speak directly with an attorney for a free consultation with Hicks & Motto.

Here’s a quick list of what to do in case of a bicycle accident:

  1. Check yourself – do a cursory and visual search of your person to determine if you have sustained any injuries that need immediate attention. If necessary, call an ambulance. Do not be a hero!
  2. Assist the injured – check with each person involved in the accident to see if they have been hurt. If necessary, call an ambulance.
  3. Call the Police!
  4. Gather as much information as you can – take pictures of the scene; document the make, model, and license plate of the offending vehicle; gather the vehicle’s driver information including name, address, phone number, license number, and insurance information.
  5. Do not admit fault – your comments made in the tension and excitement of the moment may not be accurate! Wait for all the facts, and consult an attorney before admitting to responsibility, especially if you received a traffic ticket.
  6. Obtain witness information – write down the names and addresses of all the witnesses or involved parties to your accident. Don’t forget any passengers of the vehicles. Ask the witnesses what they observed.
  7. See a doctor – serious injuries do not always show immediate symptoms. It is smart to have your doctor or an emergency room doctor examine you as soon as possible. With the recent PIP law changes, you need to see a Medical Doctor within the first 14 days after your accident.
  8. Bicycle Repair – take you bicycle to a reputable shop with skilled mechanics to evaluate the damage.
  9. Tickets – don’t admit fault even if you are given a citation. The police officer is only giving his or her opinion of what happened. The ticket itself does not affect your case.
  10. CALL HICKS & MOTTO – Be sure after your accident you contact your law firm right away. A lawyer can give you advice, and help you through the process whether you are at fault or not.

May 21-27 is National Safe Boating Week!

The number of vessels registered in Florida increased slightly in 2016 — to 931,450 — and the state leads the nation in registered vessels. Additionally, it is estimated that up to one million non-registered vessels actively use Florida’s waters, and this segment of the boating population appears to still be growing. Our waterways show the strains of congestion, as each year brings more residents and visitors together to utilize our abundant water resources and enjoy Florida’s boating lifestyle.

2016 SUMMARY OF BOATING ACCIDENTS

  • Florida leads the nation with a total number of 931,450 registered vessels in 2016.
  • There was a total of 714 reportable boating accidents in 2016.
  • Collison with vessel was the leading type of accident with a total of 181 (25%).
  • Towed watersport activities were involved in 13 accidents, resulting in 13 injuries.
  • Paddlecraft (canoes, kayaks, rowboats, paddleboards) were involved in 10 accidents resulting in nine fatalities and three injuries.
  • July was the month with the highest number of accidents (96).
  • Monroe County reported the highest number of accidents and injuries (105 total accidents with three fatalities and 52 injuries).

BOATING FATALITIES

  • 56 fatal accidents for 2016 resulting in 67 fatalities.
  • 29% of the fatal accidents were falls overboard (16 accidents). Boaters falling overboard remains the main cause of boating fatalities.
  • The leading cause of death in fatal boating accidents was drowning with 40 fatalities (60%).
  • July was the deadliest month in 2016 with eight fatalities.
  • Alcohol or drug use is reported to have played a role in 24% boating fatalities.
  • 95% (58) of the victims of fatal boating accidents were males.
  • 65% (39) of the 60 operators involved in fatal accidents were age 36 or older.
  • 78% (47) of all vessels involved in fatal accidents in 2016 were 21 feet in length or less.

BOATING INJURIES

  • There were 714 accidents resulting in 421 injuries. The rate of injury was 45 injuries per 100,000 registered vessels.
  • REPORTABLE PERSONAL WATERCRAFT ACCIDENTS
  • Personal watercraft (PWC) accounted for 13% of all registered vessels in Florida.
  • PWCs were involved in 26% (253) of reportable boating accidents.
  • Rented PWCs represented 41% (89) of PWC involved in accidents
  • 42% of PWC accidents involved a collision with another vessel.
  • 45% of PWC accidents occurred in Miami-Dade (32), Monroe (20), and Pinellas (18) counties.
  • 11 fatalities resulted from the 158 PWC accidents.

EDUCATION STATISTICS

  • The Florida Fish & Wildlife Coservation Commission (FWC) issued 47,307 Boating Safety Education ID Cards in 2016.
  • 63% of the cards were issued to persons born on or after January 1, 1988.
  • Of the 47,307 cards issued, 34,654 were issued to males, 12,606 were issued to females. An additional 1,132 cards were printed for lost, damaged, and information changes.
  • 70% of the operators involved in fatal accidents had no formal boater education.

Boating education is critical

Florida’s current boating safety education law only applies to boaters born on or after January 1, 1988, operating a motorized vessel of 10 horsepower or greater. The face-to-face contacts by FWC officers and its partner agencies are a critical part of outreach efforts and education to the boating public. These statistics show us that the boat operator most likely to be involved in a boating accident is a middle-aged or older male who has boating experience, yet has never learned the most important safety considerations by having taken a boating safety course. When officers observe boating violations or perform fresh and saltwater resource enforcement activities, they conduct boating safety inspections aimed at both identifying and preventing violations or accidents. FWC officers make boating safer and ultimately save lives.

Safe boating is a choice

Florida is the leader in promoting boating accident prevention. The FWC, in association with the National Safe Boating Council, Bombardier Recreational Products Inc., West Marine, and the U.S. Coast Guard (USCG), launched a statewide boating safety campaign as part of a national initiative. The “Wear It Florida” campaign encourages boaters to wear life jackets anytime they are on the water and educates boaters about the ease and convenience of inflatable life jackets. The campaign is designed to reach the public through a variety of methods including media events, exhibits, personal contacts, social media, radio, and televised public service announcements.

For more information, contact Samuel Cohen of Hicks & Motto at scohen@hmelawfirm.com or phone 561.683.2300.

Riding Your Bike in Florida

May is National Bike Month, sponsored by the League of American Bicyclists and celebrated in communities from coast to coast. Established in 1956, National Bike Month is a chance to showcase the many benefits of bicycling – and encourage more folks to give biking a try.

Whether you bike to work or school, ride to save money or time, pump those pedals to preserve your health or the environment, or simply to explore your community, National Bike Month is an opportunity to celebrate the unique power of the bicycle and the many reasons we ride.

So you wake up, throw on your kit and your helmet, log in to your Strava, and head out on your morning ride. Lights are on, a quick 20 miles before work. As you near the halfway point, every cyclist’s fear happens – you get hit by a car!

Here’s a quick list of what to do in case of a bicycle accident:

  1. Check yourself – Do a cursory and visual search of your person to determine if you have sustained any injuries that need immediate attention. If necessary, call an ambulance. Do not be a hero!
  2. Assist the injured – Check with each person involved in the accident to see if they have been hurt. If necessary, call an ambulance.
  3. Call the police!
  4. Gather as much information as you can – Take pictures of the scene; document the make, model, and license plate of the offending vehicle; gather the vehicle’s driver information including name, address, phone number, license number, and insurance information.
  5. Do not admit fault – Your comments made in the tension and excitement of the moment may not be accurate! Wait for all the facts, and consult an attorney before admitting to responsibility, especially if you received a traffic ticket.
  6. Obtain witness information – Write down the names and addresses of all the witnesses or involved parties to your accident. Don’t forget any passengers of the vehicles. Ask the witnesses what they observed.
  7. See a doctor – Serious injuries do not always show immediate symptoms. It is smart to have your doctor or an emergency room doctor examine you as soon as possible. With the recent PIP law changes, you need to see a Medical Doctor within the first 14 days after your accident.
  8. Bicycle repair – Take you bicycle to a reputable shop with skilled mechanics to evaluate the damage.
  9. Tickets – Don’t admit fault even if you are given a citation. The police officer is only giving his or her opinion of what happened. The ticket itself does not affect your case.
  10. CALL HICKS & MOTTO – Be sure after your accident you contact your law firm right away. A lawyer can give you advice, and help you through the process whether you are at fault or not.

Florida Bicycle Law Summary

Bicycle Regulations (see Section 316.2065, F.S.)

  • A bicyclist must obey all traffic controls and signals.
  • A bicyclist must use a fixed, regular seat for riding.
  • No bicycle may be used to carry more persons at one time than the number for which it is designed or equipped.
  • Parents and guardians must not knowingly allow a child or minor ward to violate any provisions of this section.
  • Every bicycle must be equipped with a brake or brakes which allow the rider to stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

Sidewalk Riding (see Section 316.2065, F.S.)

  • When riding on sidewalks or in crosswalks, a bicyclist has the same rights and duties as a pedestrian.
  • A bicyclist riding on sidewalks or in crosswalks must yield the right-of-way to pedestrians and must give an audible signal before passing.

Lighting (see Section 316.2065, F.S.)

  • A bicycle operated between sunset and sunrise must be equipped with a lamp on the front exhibiting a white light visible from 500 feet to the front and both a red reflector and a lamp on the rear exhibiting a red light visible from 600 feet to the rear.
  • Additional lighting is permitted and recommended.

Roadway Position (see Section 316.2065, F.S.)

  • The driver of a vehicle overtaking a bicycle or other non-motorized vehicle must pass the bicycle or other non-motorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other non-motorized vehicle.
  • A bicyclist who is not traveling at the same speed of other traffic must ride in a designated bike lane or as close as practicable to the right-hand curb or edge of the roadway. A bicyclist may leave the right-most portion of the road in the following situations: when passing another vehicle moving in the same direction; when preparing for a left turn; when reasonably necessary to avoid any condition or potential conflict including, but not limited to, a fixed or moving object, parked or moving vehicle, pedestrian, animal, surface hazard, or turn lane; when a lane is too narrow for a bicycle and another vehicle to travel safely side by side.
  • A bicyclist operating on a one-way street with two or more traffic lanes may ride as close to the left-hand edge of the roadway as practicable.
  • Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions existing, and shall ride within a single lane.
  • §316.083(1): the driver of a vehicle overtaking a bicycle or other non-motorized vehicle must pass the bicycle or other non-motorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other non-motorized vehicle.

Left Turns (see Section 316.151 (1)(b)(c), F.S.)

  • A bicyclist intending to make a vehicle left turn is entitled to full use of the lane from which the turn is made. After scanning, signaling, and moving to the center of that lane, the bicyclist must check the signal, and then proceed when it is green and safe to do so.
  • In addition to the normal vehicle left turn, a bicyclist may proceed through the right-most portion of the intersection and turn as close to the curb or edge as possible at the far side. After complying with any official traffic control device, the bicyclist may proceed in the new direction.

Signaling Turns (see Sub-section 316.155(2) and 316.157(2), F.S.)

  • A signal of intention to turn must be given during the last 100 feet traveled by the vehicle before turning. If a bicyclist needs both hands for control, the signal need not be given continuously.
  • A bicyclist may signal intent to turn right either by extending the left hand and arm upward or by extending the right hand and arm horizontally to the right side of the bicycle.

Headsets (see Section 316.304, F.S.)

  • A bicyclist may not wear a headset, headphone, or other listening device other than a hearing aid when riding. Wearing a headset blocks out important audio clues needed to detect the presence of other traffic.

Civil Penalties (see Sub-section 318.18(1),(2),&(3), F.S.)

  • Non-moving violations, such as failure to use required lighting equipment when riding at night, failure to have working brakes.
  • Moving violations, such as running stop sign or signal, riding against traffic
  • Violations of Chapter 316, F.S. by a bicyclist 14 years of age or younger

Local Ordinances

  • The local governments of counties, cities, towns, and other municipalities can adopt ordinances regulating bicycle riding.  Some towns may also have registration and licensing ordinances. Sidewalk riding may be prohibited entirely or only in certain areas such as business districts. Local law enforcement agencies can provide copies of local ordinances.

Legal rights are affected by an accident and it is in your best interest to have a knowledgeable attorney review the facts of your case before you decide what course of action to pursue. An attorney can recommend appropriate medical treatment, negotiate a replacement bicycle and/or compensation for damage to your bicycle, and negotiate a bodily injury settlement with the insurance company that takes into account all of your damages, including your pain and suffering. You can learn about all your legal rights and speak directly with an attorney for a free consultation with Hicks & Motto.

Is There Insurance Coverage If I Am Injured By or Riding In Uber or Lyft?

So, you decide to use Uber because it is easier or safer. Maybe you use Lyft for a ride. But what happens if your Uber or Lyft ride becomes an auto accident in Florida?

Uber, and its similarly operated competitor Lyft, allow smartphone users to digitally request rides from drivers who operate their own cars. Riders pay for the travel by credit card though the company’s app. Uber, Lyft, and other Transportation Network Companies (TNC) are revolutionizing the way people travel. But one thing hasn’t changed – people get seriously injured in car accidents all over the state of Florida. And when good folks get injured in an Uber or Lyft crash, they should talk to an attorney skilled in handling personal injury claims as soon as possible.

The absence of adequate insurance for drivers of an Uber or Lyft has generated controversy. The politicians and the public wanted to know who would be responsible when:

  • An Uber or Lyft car injured another driver, motorcyclist, pedestrian, passenger, or bicyclist.
  • A passenger in a Lyft or Uber car was injured as the result of the negligence of an uninsured or underinsured driver.
  • A Lyft or Uber driver was injured by an uninsured driver.
  • An Uber or Lyft car injured another driver, motorcyclist, pedestrian, passenger, or bicyclist while awaiting a ride.

These ride-sharing companies answered the question by promising that they had insurance coverage with one million dollar ($1,000,000) insurance policy limits. Uber and Lyft promised that if one of their “Partners” (read Drivers) injured another driver, pedestrian, or motorist while they were “on the clock,” then the Uber driver was covered for one million dollars ($1,000,000).

They also promised that if an Uber or Lyft customer was injured due to the negligence of an uninsured motorist, then Uber and Lyft have one million dollars ($1,000,000) in uninsured or underinsured motorist insurance coverage. In other words, the Uber or Lyft passenger with personal injuries as a result of an accident with someone who did not have car insurance, or not enough car insurance, would have one million dollars ($1,000,000) in insurance available to compensate them for injuries and damages.

But the question of PIP, or Personal Injury Protection, benefits has not been resolved. It is fairly certain that the Uber or Lyft driver’s personal automobile policy would deny coverage. Most auto policies exclude coverage when its insured driver is using the insured vehicle for a commercial purpose like driving for Uber or Lyft unless the insurance company knows about it in advance, which is commonly referred to as a livery exclusion. If the insurance company knows that the insured person or vehicle is driving for Lyft or Uber, then they can offer the correct policy of insurance and charge an appropriate premium.

On May 9, 2017, Governor Rick Scott signed into law House Bill 221, which will take effect July 1, 2017.

HB 221 sets various levels of insurance that either the ride-hailing company or driver’s personal policy must provide as drivers turn apps off and on, and transition from regular civilians to the ride job. That way, if a driver is involved in an accident in the period after logging into the app but before accepting a ride, the driver will have insurance coverage. Similarly, the driver will also have coverage during the period after the driver has dropped off a rider and before the next ride.

If you are interested in becoming, or already are, a driver for Uber or Lyft, please review your insurance coverage immediately. A new coverage, commonly called Rideshare, extends your personal auto insurance coverage through Periods 0 and 1 as shown below. Your full Rideshare coverage ends when you accept a ride request in the app (Period 2). When you drop off the passenger at their destination, Rideshare coverage once again applies while you are still logged into the app and until you accept your next ride request. Although this does reflect an increase in costs to the driver, it can be considerably cheaper than buying a commercial policy.

Rideshare coverage

Our attorneys closely watch the law as it develops in the area of Uber or Lyft car injury crashes. If you were injured by an Uber or Lyft driver, seek appropriate emergency medical treatment, and then contact Hicks & Motto, P.A

It is Against Florida Law to Solicit the Victim of a Car or Motorcycle Crash

IT IS AGAINST THE LAW IN FLORIDA TO SOLICIT the victim of a car or motorcycle crash. Have you been called by someone you did not call to solicit you shortly after a car accident? When a person is involved in a car or motorcycle crash, either as a driver, passenger, or pedestrian, it is quite often an upsetting and emotional time. A person injured in a car or motorcycle crash is often taken to a hospital or has seen a physician shortly after the crash. Someone who has been injured in a car or motorcycle crash suffers from significant pain that was not there before the crash, as well as the financial and emotional stress and pressure from expensive medical bills, loss of income, falling behind on bills, and often complicated insurance issues.

Many times a person injured in a car or motorcycle crash is left in a delicate emotional and financial state as a result of the pain and financial pressures that were caused by someone else.

Unfortunately, there are people in the world who prey on the weakness and vulnerability of those during their time of need. In the world of personal injury law, and especially in situations that involve a car or motorcycle crash, there are people who are willing to violate the law and solicit accident victims.

IT IS AGAINST THE LAW IN FLORIDA TO SOLICIT the victim of a car or motorcycle crash within 60 days of that car or motorcycle crash.

IT IS AGAINST THE LAW IN FLORIDA TO SOLICIT someone who has been injured in a car or motorcycle crash in the emergency room or a hospital.

IT IS AGAINST THE LAW IN FLORIDA TO SOLICIT someone who has been injured in a car or motorcycle crash by calling them on the phone.

IT IS AGAINST THE LAW IN FLORIDA when someone who has been injured in a car or motorcycle crash receives a phone call advising them that the caller has been in touch with the insurance company and they have obtained $2,500, $10,000, or some other amount of money for them.

These people who call or solicit those who have been injured in a car or motorcycle crash are called “runners.” These runners are hired by unethical and shady law firms and doctors, and are paid for each case and often receive anywhere from $500 to $1,000 each. Sometimes an injured person goes to a doctor’s office and without them ever calling a lawyer, there is one waiting for them at the doctor’s office to sign them up.

Since 1987, Hicks & Motto are personal injury lawyers representing those injured in car or motorcycle crashes. Our firm strongly discourages this unethical and illegal activity. A number of our clients have been approached in this way and reported it to us. Hicks & Motto has built our practice on the principles of a strong work ethic, tireless dedication to our clients, personal attention to our clients needs, and documented results. We continue to receive referrals from our clients and other lawyers in the community, and throughout the state of Florida and the nation. If you have been in a car or motorcycle crash and
received a telephone solicitation, you should know IT IS AGAINST THE LAW IN FLORIDA TO SOLICIT THE VICTIM OF A CAR OR MOTORCYCLE CRASH.

Hicks & Motto
3399 PGA BLVD.
Suite 300
Palm Beach Gardens, FL 33410
(561) 683-2300
www.HMELAWFIRM.com

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