Florida Personal Injury Law Firm
| Arleen Lazarus | 0 Comments | Florida Personal Injury Attorney | , , ,

You Don’t Have to be the President to be Impeached – Florida Personal Injury Attorneys Lazarus & Lazarus

Florida Personal Injury Law Firm

There is a lot of talk in the news about “impeachment” and yet many people don’t fully understand what the word means. In the case of an elected or other public official, impeach means to accuse them of official misconduct, but the word also means to challenge the credibility of a witness.

Our justice system operates with the basic principle that all participants must be truthful, and a person who provides testimony (a witness) is usually sworn in before speaking so they understand the importance of being completely honest. Any witness can be subjected to scrutiny, including their previous record to determine if their testimony is to be trusted. If an individual has a prior record of being untruthful, or has a criminal record, it’s possible a jury will be less likely to believe them.

Florida Statute 90.608 says, in part: Who may impeach. — Any party, including the party calling the witness, may attack the credibility of a witness by:
(1) Introducing statements of the witness which are inconsistent with the witness’s present testimony.

Florida Personal Injury Law Firm
Lazarus and Lazarus (954) 356-0006

In personal injury cases witnesses are often called to give testimony, including expert witnesses who are frequently called upon to offer opinions on a particular subject where they are highly experienced and educated. It is important that all witnesses be looked at closely to make sure they are offering valid, accurate, and truthful evidence.

If you are involved in an accident and you plan to represent yourself, the story you tell may be scrutinized not only on its substantive content, but on your own record. The opposing side in your case may look to “impeach” you as a witness for any number of reasons, and this is one of many reasons it is prudent to seek professional legal help when you are injured. A qualified and experienced attorney can guide you through the entire process and make every ethical effort to make sure the truth is brought to light.

If you are involved in a traffic accident it is important to be truthful right from the start, but it is also important to not offer information that is not asked for or necessary. After contacting emergency authorities it is a good idea to call an attorney who specializes in accidents. We hope you will consider our firm, working to bring justice to victims in south Florida since 1992.

The Law Firm of Lazarus and Lazarus – (954) 356-0006

 

 

| Arleen Lazarus | 0 Comments | Florida Personal Injury | ,

Florida Legislature Update: Insurance, Personal Injury Cases, and More

The Constitution of the State of Florida, as revised in 1968 says that “a regular session of the legislature shall convene on the first Tuesday after the first Monday in March.” That being today, it’s florida personal injurytime to convene! Most people don’t follow the Florida Legislature as closely as they do the Miami Heat or their favorite celebrity, but there are some issues before our lawmakers this session that may directly affect our lives as Floridians.

PIP Insurance

Everyone has to carry PIP insurance in Florida, right? Maybe not if lawmakers repeal mandatory PIP in this session. A Senate committee has discussed abandoning PIP in favor of a system whereby people injured in auto accidents can sue to recover against bodily injury policies held by drivers found at fault. It’s not clear exactly what effect this would have on victims and their ability to recover damages, but we will follow this closely.

Read more “Florida Legislature Update: Insurance, Personal Injury Cases, and More”

| Gary T. Lazarus | 0 Comments | Motorcycle Accident Attorney, Uncategorized | , , ,

Are “Distracted Drivers” Killing Motorcyclists in Florida?

Study says Texting is to Blame for Many Accidents

Motorcycles are dangerous, there is little doubt about that. But some people shrug off the problem, thinking “it’s their fault for getting on those things in the first place.”

Motorcycle Accidents FloridaThe truth is, the majority (60%) of 2-vehicle accidents involving motorcycles are the fault of the other driver, not the motorcyclist. The question is, what caused the driver of the car or truck to cause the crash?

A study of over 10 years of crash data from Florida roads revealed that dozens of motorcycle fatalities were directly attributed to texting by the drivers of the other vehicle. It’s unknown how many were caused by, but the investigations failed to find evidence of texting.

Distracted Driving

Traffic crash studies are finding higher rates of distracted driving as the cause for crashes. What are the types of distraction?

  • Visual: taking your eyes off the road;
  • Manual: taking your hands off the wheel; and
  • Cognitive: taking your mind off of driving.

Distracted driving activities include things like using a cell phone, texting, and eating. Using in-vehicle technologies (such as navigation systems) can also be sources of distraction. While any of these distractions can endanger the driver and others, texting while driving is especially dangerous because it combines all three types of distraction.

Each day in the United States, more than 9 people are killed and more than 1,060 people are injured in crashes that are reported to involve a distracted driver.

As of April 27, 2016 a staggering 831 people have been killed on Florida roads. 154 were pedestrians, 37 were on bicycles, and the number of motorcyclists is not yet available.

What we do know is that Florida holds the dubious distinction of having the highest number of motorcycle deaths in the nation. In Florida, 491 people died in motorcycle accidents in 2012, more than any other state. Motorcycle fatalities accounted for one out of every five traffic deaths in Florida in 2012. Many motorcycle riders are very safety conscious, but still suffer serious or fatal injuries in crashes caused by other motorists. Often other drivers simply fail to see a motorcyclist.

Special Circumstances

Laws are being passed across the country to ban texting, and other laws are on the books to require only hands-free operation for calls. There is also a device on the market – TextBuster – that installs in a car under the dashboard and is designed to block all data and text messages while the car is turned on.

Unfortunately, people ignore these laws and continue to cause mayhem on the road. It takes losing a friend or family member for some people to understand the danger of distracted driving.

There is Help

Motorcycle accidents are a special category of traffic crashes, and they require special expertise and experience to investigate. Injuries are usually severe and often fatal. Also, there are unique issues related to insurance when motorcycles are involved in serious crashes.

The Law Firm of Lazarus and Lazarus has been dealing with the pain and suffering experienced by victims of motorcycle accidents for over 20 years. We understand what happens and what is required to protect victim’s rights and see that they receive the medical treatment and compensation they deserve.

Call Gary and Arleen Lazarus at 954-356-0006 to arrange a confidential consultation.

motorcycle accident attorney
| Gary T. Lazarus | 0 Comments | Motorcycle Accident Attorney, Uncategorized | , ,

Motorcycle Safety – Do you know the Facts or the Fallacies?

Lazarus and Lazarus Focuses on You First

Most people have an opinion on motorcycle safety but sometimes those opinions are based on personal experience or on what has been passed around as facts. Too often they are fallacies:

“Motorcycles are safe as long as you wear a helmet.” Or another one is “Loud pipes save lives.” There are many more.

Here are some facts right up front: In 2013 motorcyclists were about 26 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and five times more likely to be injured, according to National Highway Traffic Safety Administration.

In 2014, 62 percent of the people killed in motorcycle accidents were wearing helmets.

Helmet use of fatally injured motorcycle drivers and passengers, 2014:

Helmet                    No helmet            Unknown          Total

Number %                 Number    %            Number  %           Number  %

Driver                      2,484      62                1,420        35            131            3           4,035        100

Passenger               136           53                116            45            7                2           259           100

Total                        2,620      60                1,536        36            139            3           4,295        100

motorcycle accident attorney

Loud pipes don’t really save lives because the noise is most often going out the rear of the bike, or perhaps the side, and the motorcycle is moving away from it. The majority of threats to a motorcycle are coming from the front and an accident occurs before the other driver has a chance to hear anything. The Doppler Effect deals with the manner in which sound travels, and there are no solid facts supporting the belief that loud pipes saves lives.

Liability and Insurance

The Florida Legislature has not required motorcycle operators to obtain any insurance as a prerequisite to registering their vehicle. Personal Injury Protection, or “PIP” coverage is not legally necessary for any vehicle having less than 4 wheels. Yes, if the motorcycle is financed through a bank, the lending institution will probably require insurance coverage for theft and/or damage to the bike.

As a corollary to the 2000 repeal of the helmet law, should a rider decide to ride without a helmet, he must carry proof of $10,000.00 in medical insurance – literally a “drop in the bucket” should an accident occur. And while coverage for damage to property or injuries to third parties is not required, should the motorcycle operator be found at fault in an accident, they should expect a lawsuit which will threaten their personal assets.

Overall, there were 2,494 persons killed in vehicle crashes in Florida during the 2013 year. The population of Florida is approximately 20 million persons, so that translates to one in 8,000 Floridians dies in a vehicle accident each year.

Where Can You Turn for Help?

What happens when a person is involved in a serious car, truck, or on a motorcycle accident? Your life changes in many ways, much more than most people anticipate. There is a perception that the only reason the victim of a vehicle accident contacts an attorney is to “sue the other guy and get a big settlement.” That’s just not the primary concern for the Law Firm of Lazarus and Lazarus.

Gary and Arleen Lazarus are life-long south Florida residents and they have committed their law practice and their lives to helping improve the quality of life for people in their “hometown.” You can reach them by calling 954-356-0006 and asking for a consultation. Our first priority is to protect your rights and get you the help you need to deal with the aftermath of being in a serious accident.