Florida Auto Safety: Move Over Law Saves Lives

On Monday, June 23, 2008, a statewide campaign was instituted by the Florida Highway Patrol to spread awareness of Florida’s Move Over Law. This law is designed to protect Police Officers, Emergency Workers and Pedestrians at the scene of accidents from being struck by vehicles on Florida roads. The Move Over Law states that a driver must vacate the lane next to where a law enforcement vehicle has stopped on the side of a road with its lights flashing. During the weeklong campaign officers will issue warnings to motorists through Wednesday and on Thursday will begin issuing tickets for violations.

Florida’s Move Over Law was meant to prevent tragedies such as these:

• A case in Miami recently when Rescue crews amputated a man’s leg on a Miami highway after he was crushed between two vehicles. The accident occurred while the man was checking the damage to his car after he was struck from behind by a sport utility vehicle. Another vehicle then crashed into the SUV, pinning the man.

• According to Florida Highway Patrol three people were killed since the Memorial Day weekend while checking their vehicles for damage after a crash in the middle of a road.

• A Road Ranger was critically injured while assisting a motorist on the Palmetto Expressway. The Road Ranger was assisting a vehicle that was disabled when another car struck the Ranger’s truck, which then in turn struck the Road Ranger.

Tragedies such as these can be been avoided if all drivers adhere to the following safety precautions:

1. Drivers should move their cars to the side of the road before checking for damage after minor accidents;
2. Drivers should vacate the lane next to where a law enforcement vehicle has stopped on the side of the road; and 3. Drives should vacate the lane next to the scene of an auto accident.

Florida Auto Accidents: The Mistakes People Make

Quite often during meetings with our clients in our Fort Lauderale and Weston offices, we are frequently asked the question: What do I do when I am injured in a car accident in the State of Florida? The answer to that question in our opinion is better answered by providing our clients with a very short list of things they should never do. These are the mistakes that we are often faced with when clients first come to our office and we find that they have:

1. Failed to report the accident to the Police and to the insurance company;
2. Failed to document their Injuries to the Police, Rescue, and the insurance company;
2. Failed to take photographs of their injuries and property damage;
3. Failed to go to a doctor to document their injuries;
4. Made a signed or recorded statement to their own insurance company without first seeking legal advice; and 5. Made a signed or recorded statement to the party at fault’s insurance company without first seeking legal advice.

These may seem like fairly simple things that need to be done at the time, but at the time of an accident most people are upset, anxious and sometimes injured and as a result may not be thinking clearly. If you take our tips and follow them you will at least have ensured that the necessary information is being documented properly at the outset of your case. This documentation is essential in helping our offices to be better able to resolve your case either through settlement or litigation.

Nursing Home Negligence: South Florida Patients Are Signing Away their Rights to Sue Nursing Homes

South Floridians are placing their loved ones into nursing homes and are increasingly signing away the patient’s rights to sue for nursing home negligence over sub standard care.

How can this happen? Easily, it occurs when nursing homes place arbitration clauses and/or agreements in the documents that patients and their family members sign upon admission to the nursing home. These admission documents are signed at a time when the family members and patients are in distress and not fully aware of the magnitude of the binding contractual terms they are agreeing to and the legal rights that they are forever waiving.

As a result, the patients are unknowingly signing away their legal rights to a trial by jury. This is the reason why a number of lawmakers are pushing legislation to make such agreements unenforceable. The lawmakers in the Senate, consumer advocacy groups and trial lawyers, take the position that families shouldn’t be giving away their ability to hold the nursing homes accountable for poor and substandard care in a court of law.

On Wednesday, June 18, 2008, a Senate committee will hear from the family of William Kurth. He fractured his hip and leg and contracted numerous pressure ulcers in a nursing home before he died. His family attempted to sue the nursing home for negligence, and a judge dismissed the case because Mr. Kurth’s wife signed admission documents which included a binding arbitration clause that required all claims go through an arbitrator. It is important to note that Mrs. Kurth was under extreme duress and on medication when she signed the papers that allowed her husband, a stroke victim, to stay at the nursing home. Kurth family members will appear before Congress and testify to the fact that their father, a World War II veteran, died at age 84 from infections that occurred because excrement and urine were not cleansed from his bedsores for days at a time.

A panel in the U.S.Senate is investigating the increasing use of binding arbitration by nursing homes. Their search of court records revealed that more than 100 lawsuits have been filed in the past five years challenging these types of arbitration agreements.

There are some that argue that arbitration has become a shield for large corporations to hide behind and decrease the quality of care given to their patients. Some companies actually conduct a cost benefit analysis and determine that it is economically more profitable to continue to provide substandard care and address any claims made by the patient and their families at a later date on a case by case basis. In the end, the companies benefit because the cost of arbitrating a negligence claim is minimal compared to an increase in daily costs at the nursing homes for more doctors, staff, supplies…etc.. Binding arbitration minimizes the nursing home’s expenses and forces patients and their families to resolve their disputes without any further redress. The ones who suffer from this “strategy” are the patients who are either seriously injured or die from the negligent care and their families.

This point was very well understood by Mr. Kurth’s children and well stated in written testimony provided to the Associated Press:

“It is economically more profitable to let people like my father suffer than to provide proper care. And now that our family is trying to hold the nursing home corporation accountable for its actions, Kindredcare is trying to bury our case by forcing us into a mandatory, secret, and binding arbitration process that they chose.”

Nursing Homes take the position that the arbitration program was designed to achieve several goals, including prompt resolution of legal disputes and lower costs to both residents and their families.

Binding arbitration does have a place in the American Judicial System and it should not be precluded as an option, but the decision has to be made by both parties after a dispute occurs. “Many incoming residents lack the capacity to make even simple decisions, much less judge the legal significance of an arbitration agreement,” Sen. Herb Kohl, D.-Wis., said. “Most are unaware that they are signing away their right to go to court.”

The AARP and the Alzheimer’s Association support legislation, sponsored by Sen. Mel Martinez, R-Fla., that would make arbitration agreements for nursing home patients unenforceable.

Our firm supports legislation which would make binding arbitration agreements for nursing home patients unenforceable. It is time that these arbitration clauses and /or agreements are removed from all admission documents in Nursing Homes. These binding arbitration agreements are one-sided and strip patients of their legal right to pursue their negligence claims in a court of law against nursing homes for substandard and poor care that results in serious injury and/or death.

Stack$ Survives South Florida Car Accident

Well known Rapper, STACK$ was involved in a serious car crash in Miami, Florida on May 30, 2008. He escaped severe injury despite the substantial property damage to his vehicle.

Stack$, a hip-hop star and nightclub owner, was driving with a friend when he collided with another car, and his Ford Explorer was sent airborne. His SUV crashed into the barriers of an overpass, narrowly avoiding the 40 foot fall from a bridge.

Stack$’s injuries included second degree burns, a broken hand, chiropractic injuries and numerous cuts and bruises. Both Stack$ and his passenger were taken to Mount Sinai Medical Center in Miami, where they both spent the night before being discharged. He is now resting at his South Beach home and is grateful that he survived the near-fatal accident.

South Florida Hit and Run and Drunk Drivers

Within the past few weeks the police in the Fort Lauderale area have been investigating two instances of pedestrians being injured in vehicular accidents. In the first instance, law enforcement is attempting to locate a car that a surveillance camera caught hitting a pedestrian, Marshall Clinton, 51,and then driving away. The crash happened about 11 p.m. Friday, May 23, 2008 as Mr. Chilton crossed the street. Marshall Chilton, 51, was admitted in the hospital with broken bones and is expected to recover.

In a second incident in Fort Lauderdale, a man is accused of killing a woman, Ms.Kathleen Gosnell, 60, and injuring Mr. Raymond Haruben, 63, after striking them with his vehicle on Thursday, May 22, 2008. Toxicology reports confirmed that he was Driving Under the Influence of Alcohol (DUI). Steven Kopson, 53, of Fort Lauderdale, was charged with manslaughter while driving under the influence of alcohol, among several charges.

Both these incidents raise the question, “If I am a pedestrian in an accident who was struck by a hit and run driver- who will pay for the treatment and pain and suffering I have sustained through no fault of my own?” The answer is that even though you are a pedestrian, your own PIP and UIM insurance will ensure that you are fully protected and covered for your injuries even though you weren’t driving your vehicle at the time.

The importance of PIP coverage and UIM coverage on your automobile policies is especially important when you are a pedestrian and you you are struck by a hit and run driver. It is in that instance that your own insurance coverage is there to protect you. Your PIP Insurance or Personal Injury Protection Insurance will cover the first $10,000.00 of your medical bills and your UIM Insurance will afford you coverage for everything over and above the first $10,000.00 up to the limits you choose.

What if your injuries are serious and you need treatment well over and above $10,000.00 and what about pain and suffering, wrongful death and lost or diminished capacity to earn a living? UIM coverage is the only coverage that will protect you if the party at fault in an accident either is unknown, has no Bodily Injury coverage (which is not required in the State of Florida) or has a minimal amount of Bodily Insurance Coverage. In effect you can seek compensation for your injuries and damages from your own insurance company should any of these circumstances occur, but only if you have UIM Insurance coverage.

If you would like to read further about this issue, we have addressed the Florida UIM and PIP Insurance issue in a previous article on our blog entitled: “Florida No-Fault, Med Pay and UIM Insurance” dated May 12, 2008. It is our hope that all Florida drivers will contact their insurance agents and demand a quote for UIM coverage on their policies. That way, should the unfortunate happen and you are injured in an accident caused by an uninsured driver or underinsured driver, you won’t have to worry about your financial future being decimated by medical bills.

If you have any questions about these issues please feel free to call our offices. We want every Florida driver to be aware and informed about their right to protect themselves through proper and FULL automobile insurance coverage.