Florida's lobster mini season is probably one of the most anticipated events in the state during the calendar year. This is a time for the recreational and pleasure divers to get a crack at the tasty bugs before the commercial fishermen drop their traps. As with every year, there are more boaters and divers in the water than any other time of the year. Additionally, it means that the likelihood of accidents, injuries and death increases exponentially. Every year there is an inexperienced diver that gets the bends or drowns. Drunken boaters cause accidents. People dive at night without the requisite experience. All in all, mini lobster season brings out the inexperienced, the crazies and the partiers all looking for Florida's delicious Caribbean lobster.

There are several ways to make the mini season safer for the recreational diver and boater.

1. Make sure that your vessel has all the necessary safety equipment.
2. Make sure that all divers are experienced and carry with them certification cards.
3. All diving equipment should be checked beforehand. Many divers leave their equipment in the garage after the summer and don't break it out until mini season. The equipment becomes rusty, infested with insects; the rubber gaskets dry up and malfunctions can cause tragedy.
4. Every diver must have a fishing license with a lobster stamp.
5. Everyone must know the legal limits per diver per day. In Monroe County, it is six lobsters per diver per day. The rest of the state of Florida is 12 lobsters per diver per day. Be aware of the size limitations of the lobster and that females bearing eggs are illegal. Many people believe that you can take your limits, go home and re-enter the water to obtain more lobster -- Wrong. While many get away with it, the lobster divers in the Florida Keys may be subjected to Florida's Fish and Wildlife Commission's searches. They now have lobster sniffing dogs that will enter the vessel and the vehicle looking for lobster tails. Simple math will tell the officer whether or not the state limits been exceeded. If they are, penalties are stiff. It may include heavy fines, forfeiture of the vessel and even the vehicle towing the vessel.

Mini season can be a very rewarding and fun experience if you follow safety rules and obey the law. Be safe and have fun.

• Email This
• Print
• Comments
• Trackbacks

This summer Federal motor carrier safety administration (FMCSA) conducted a surprise inspection sweep of many motor coaches, large trucks and tour buses. The sweep will cut across 13 states including most of the Eastern seaboard and the District of Columbia. The reason, and need, for these inspections is because of the rash of fatal accidents that have steadily risen in number over the past year.

We all assume buses and motor coach greyhound bus style travel is safe. Suddenly the lack of government regulation, difficult to bring tort/negligence claims and almost no oversight, is causing people to get hurt or even die unnecessarily. The National Highway Traffic Safety Administration (NTSA) has also taken note. They are proposing additional requirements to include anti-rollover equipment on all motor coaches and big trucks. This coincides with the release of a 1,600 page report from the National Transportation Safety Board (NTSB) that details the reasons for the deaths of passengers for bus accidents over the last year in New York City. That report spotlights many safety issues for buses. The new equipment has been effective at stopping roll overs on cars and light trucks. Engineering this computer assisted braking and vehicle movement stabilizers to fit buses and large trucks will certainly save lives.

Summer travel brings on a a glut of motor coach, large truck and bus travel. Certainly accidents will increase. Travel on buses throughout our national parks, and around the major cities, is the norm for many tourists. Hopefully with new regulations, better equipment, and increased inspections we will all have safe summer vacations.

LaBovick Law Group concentrates their national injury practice into three divisions: the large truck/motor coach/bus accident division; the catastrophic accidents division and the Florida maritime lawyer division. Don't trust your bus accident case to a firm that handles car accidents. Hire a firm that is familiar with the national standards and regulations of the large truck and motor coach industry. We offer a free consultation and can handle cases in all 50 states.

• Email This
• Print
• Comments (1)
• Trackbacks

This is part three of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at corporate bullying and the correct actions one should take.

In the past several years, there have been many reports of workplace bullying. Our law firm, LaBovick Law Group, is handling several large bullying personal injury cases, both in the workplace and in the schools. It seems that the cliché “once a bully, always a bully” holds true, and that bullying can transcend from the schoolyard to the workplace.

As adults, we feel as though we must handle these types of problems on our own. We believe that our maturity will be able to withstand the bullying and there is no sense in getting others involved. However, workplace bullying is a Human Resources problem that needs to be brought to the attention of the employer. If the employer is unaware of the bullying problem and it results in some form of injury, there may be no legal recourse against the employer for the damages that the bullying has caused. Therefore, it is important that the victim notify Human Resources of the bullying when it commences so that a file may be created in addressing the situation.

The victim should notify the appropriate authorities within the corporate infrastructure in writing and keep a copy of the correspondence. If the problem does not cease within Human Resources, the victim should take the matter up the corporate ladder until it is satisfactorily addressed. With the written correspondence, the employer is on notice of the potential problem that may cause the company legal issues down the road. The employer is more likely to respond quickly and in a manner to resolve the conflict to the satisfaction of the victim.

As an adult, if you find yourself being bullied, you should address the problem immediately within the company and seek counseling if you feel it is necessary to overcome any emotional stress that the bullying has caused. As has been reported on several occasions across the country, employees have allowed themselves to be bullied to the point where they have felt helpless and have committed suicide. While these cases are rare, they could have been avoided had the employee addressed these issues directly with the employer in an appropriate form and had sought professional help for the emotional trauma that was caused. In rare instances, the employee may simply have to find employment elsewhere. However, no respectable corporation would allow bullying to take place within the scope of its business and risk an unnecessary lawsuit if it can be avoided by other means.

As our world becomes more complex and information becomes more available, we are all being made aware that old problems such as bullying are still around and will be for years to come. Whether you are a parent or an employee, you can nip the problem in the bud by protecting yourself and the ones you care about in the aforementioned ways.

• Email This
• Print
• Comments
• Trackbacks

This is part two of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at the signs to look for that your child is being bullied, what cyberbullying is, and how to stop both.

Bullying Is A Serious Issue

In part one of my series, I gave a definition of bullying: bullying is aggressive behavior that is intended to cause harm or distress. If this has happened to your child, they are not alone. Over one third of teens have reported being bullied while at school. Bullying is a significant and pervasive problem that affects children of all ages, with serious short term and long term consequences.

Signs That Bullying Has Occurred

There are many signs we can look for, as parents, to recognize whether or not our child is being bullied. Signs to look for in your child include:

• Coming home with damaged clothing.
• Missing items such as books and electronics.
• Physical injuries.
• Loss of appetite.
• Loss of sleep.
• In extreme instances, child may begin to discuss suicide and feelings of hopelessness.

Ways to Stop Bullying

The best way to fight bullying is to work as a family. The parent must sit down and have a very honest discussion with the child in order to find out where the bullying is taking place, and the identity of the bully. If it is in the context of school, the parent should meet with the school authorities, and explain the situation completely. The school undoubtedly has a "No Bullying" policy. Public schools take these policies very seriously and enforce them. However, the child must be taught how to protect themselves from bullies.

First, they should know not to engage the bully. Teach your children to walk away whenever possible. If it is not possible, children must protect themselves until they can get away. It is also a good idea to instruct your child to stick to a group as to not become singled out. Children should tell an adult at the school about the problem. Put the complaints in writing and keep a copy.

Other times, the bullying occurs over social networking sites. This is known as cyberbullying. As a parent, it is your responsibility to monitor your child's use of the Internet. You must have all your children's passwords to the social networking sites they're on, and review them religiously. This type of bullying is most insidious because it can be done without physical injury and cause tremendous emotional damage to a child. Because the lack of physical injury, parents are less likely to discover cyberbullying as they would physical bullying. Cyberbullying can be done by other children who are less likely to engage in physical bullying. If cyberbullying is occurring, the child should disengage the social networking site or "un-friend" the bully.

Parents who discover their child being cyber bullied should do their best to identify the bully at the other end of the computer and ask for a meeting with the bully's parents. Most likely, the parents of the cyber bully have no idea what their child has been doing and would be more than happy to assist in ending the bullying.

In part three of our series, I will discuss bullying in the workplace and what steps one needs to take.

• Email This
• Print
• Comments
• Trackbacks

This is part one of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at how bullying is defined and the different types.

According to the Olweus Bullying Prevention Program:

"A person is bullied when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more other persons, and he or she has difficulty defending himself or herself."

Definition of Bullying

Bullying includes three important components:

1. Aggressive behavior that involves unwanted, negative actions.
2. A pattern of behavior repeated over time.
3. An imbalance of power or strength.

Bullying has been around since the beginning of mankind. However, the advent of the Internet and social networking sites has pushed bullying into the forefront of public awareness.

Types of Bullying

Bullying can take on many forms:

1. Verbal - name-calling and teasing.
2. Social - spreading rumors, leaving people out on purpose and breaking up friendships.
3. Physical - hitting, punching and shoving.
4. Cyber - using the Internet, cell phones or other digital devices to harm others.

Recently, there have been reports where bullying has spiraled out of control to the point where the victim has committed suicide. This does not necessarily only apply to children, teenagers or college students. There have been several reported incidents where bullying in the workplace has led adults to take their own lives.

As our society becomes more complex, and communication becomes less face-to-face, bullying can become easier for those who otherwise would not engage. It is very easy for the cowardly bully to tease and ostracize others over a social networking site. This type of bully can remain in the shadows and would otherwise not confront the victim for a variety of reasons.

This is not to say that old-fashioned traditional physical bullying does not exist, it does. Schoolyard fights seem to be on the increase as society places more pressure on teenagers to achieve and gain acceptance.

In part two of our series, I will discuss the signs to look for that your child is being bullied, how to protect your child from bullies, and how to address cyber bullying.

Stay tuned for part two of our bullying series, coming soon.

• Email This
• Print
• Comments
• Trackbacks

Auto Accident App

The new auto accident app launched by LaBovick Law Group is the easiest way to record details at the scene of an automobile accident. The auto accident app, named Crash Detective, is the best mobile app on the market, available for both the iPhone and the Android. It directs victims through compiling the necessary evidence immediately after a car accident has occurred. Easy to use, this app has many features and benefits.

Features of Auto Accident App

The auto accident app is a great mobile tool for accident victims. If you have been involved in a car collision, you now have a free app that guides you through a logical checklist of action items. The auto accident app has a comprehensive list of features including:

• A one touch button to call 911 or instantly contact our Palm Beach personal injury lawyers.
• A Camera, video recorder and text notepad to record all of the important information about the auto accident.
• Concise instructions of what needs to be accomplished before and after an accident.
• Efficient forms to quickly gather accident information from the other parties (drivers, witnesses, passengers).
• Automatic GPS locator which helps in recording critical accident facts like traffic patterns and driving conditions.

Emergency Services Features of Auto Accident App

The auto accident app aids victims by allowing them to quickly search and locate the closest emergency services. So, apart from being an easy to use accident reporting tool, the app doubles up as an emergency services locator. With a single click, users can:

• Find the nearest police station.
• Find a tow truck service.
• Locate auto repair shops.
• Discover nearest taxi services.
• Obtain a map of closest hospitals.

The Crash Detective utilizes the quickest growing way for information gathering. The best part is that it's absolutely free. Easy to use, comprehensive in design, this auto accident app provides all of the resources one will need when faced with the unfortunate circumstance of being a victim in a car collision.

• Email This
• Print
• Comments
• Trackbacks

As a personal injury attorney, every day I represent innocent prudent drivers that were hurt by the negligence of another. Quite frankly, during depositions, I have heard every possible excuse available from negligent drivers for causing an accident. Someone even once used the excuse that a cockroach was crawling up his leg!

Sadly, many times I have had the duty of representing innocent children that have been injured by negligent drivers. As the proud parent of a 3 year old, I have to travel daily with my daughter in my vehicle. Honestly, this scares me to the core, despite feeling very confident in my driving abilities. Folks, the bottom line is even though you are a prudent driver, the person driving next to you may not be. As such, your precious cargo may be in danger.

According to the National Highway Safety and Traffic Administration, "Motor vehicle crashes are the leading cause of death for (children) ages 3 to 14 (based on 2006 figures, which are the latest mortality data currently available from the National Center for Health Statistics)." Furthermore, every day in the United States, about four children under age 14 were killed, and 529 were injured in motor vehicle crashes. With this in mind, we need to take every safety precaution available when traveling with children on the roads.

According to the NHTA seating recommendations for children:

• Birth – 12 months: Children under age 1 should always ride in a rear-facing car seat.
• 1 – 3 years: Keep children rear-facing as long as possible. It’s the best way to keep them safe. Your child should remain in a rear-facing car seat until he or she reaches the top height or weight limit allowed by your car seat’s manufacturer. Once your child outgrows the rear-facing car seat, your child is ready to travel in a forward-facing car seat with a harness.
• 4– 7 years: Keep your child in a forward-facing car seat with a harness until he or she reaches the top height or weight limit allowed by your car seat’s manufacturer. Once your child outgrows the forward-facing car seat with a harness, it’s time to travel in a booster seat – but still in the backseat.
• 8 – 12 years: Keep your child in a booster seat until he or she is big enough to fit in a seat belt properly. For a seatbelt to fit properly, the lap belt must lie snugly across the upper thighs, not the stomach. The shoulder belt should lie snug across the shoulder and chest, and not cross the neck or face. Remember: your child should still ride in the backseat because it’s safer there.

For further information please visit the National Highway Safety and Traffic Administration’s website for numerous life saving tips. http://www.nhtsa.gov/Safety/CPS

• Email This
• Print
• Comments
• Trackbacks

Florida law makes it a crime to engage in sexual intercourse if you know you have a sexually transmitted disease.  According to Florida Statute § 384.24, “it is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or syphilis, when such person knows he or she is infected” to have sexual intercourse with any other person.  However, if you tell your partner of the STD and they still consent to sexual intercourse, you have not violated the above statute.  This has to be one of the most awkward conversations someone will ever have with his/her partner. 

According to Florida Statute § 384.34, if you engage in sexual intercourse knowing you have an STD, you have committed a misdemeanor of the first degree punishable by a term of imprisonment not exceeding 1 year.  In addition, you may also find yourself civilly liable.  In fact, several years ago former basketball starMagic Johnson found himself defending a lawsuit for allegedly spreading HIV during sexual intercourse.  In sum, spreading a known STD can land you in jail and broke.

• Email This
• Print
• Comments
• Trackbacks

Before July 2010, Florida Statute 768.0710 controlled this issue.  The statute said business owners must use reasonable care to maintain their premises in a reasonably safe condition.  In order to recover for your damages as a result ofinjuries from slipping or tripping on a transitory foreign substance, you had to prove the business acted negligently in failing to exercise reasonable care in the maintenance, inspection, repair, warning or mode of operation.  The statute specifically stated that “actual or constructive notice of the transitory foreign object or substance is not a required element of proof to this claim.”                                                          

With a push from “big business” and the insurance industry, the Florida Legislature enacted Florida Statute 768.0755, which took effect in July 2010.  This statute changed the evidence requirements, as well as the burden of proof requirements for what an injured party needs to show in order to recover for their damages.  This new statute requires an injured party to prove actual or constructive knowledge, on behalf of the business, of the dangerous condition.  Remember, the old statute did not require this actual or constructive notice in order to maintain a cause of action.  This change in the law has made it much easier for businesses to now deny liability when one of their customers is injured on their property. Actual knowledge means just what it says, the business actually knew of the dangerous condition – they either created it or at least saw it.  This is much harder to prove.  The statute says that constructive knowledge may be proven circumstantially by showing the dangerous condition existed for long enough that with ordinary custodial care, the business should have known about it or could have foreseen the issue if this was the regular condition. 

The bottom line is that with this change in the law, businesses will be able escape liability for customers’ injuries.

• Email This
• Print
• Comments
• Trackbacks

Florida finally got serious about stemming litigation.  Not super serious mind you, but at least they are moving in the right direction. On January 1, 2012, the new Supreme Court Civil Procedure Rule 1.720 was put into play. This rule deals with mediation and the mediation process. The mediation process has been used in Florida over the past 20 years. It is efficient and easy and really works when the parties all attend in good faith.  

The problem lies when one party comes to work toward a good faith settlement and the other is simply there to learn about the opposing case and does not try to settle the matter.  Then it is a waste of time and a fraud from the get-go.  

From a public perspective, many people believe the Plaintiffs are causing unnecessary litigation to clog the courthouse.  No amount of data showing corporations and insurance companies are the actual cause of clogged courtrooms has been able to overcome the propaganda from Rush Limbaugh and the rest of the litigation deformation movement.  However, this amended rule will show the public who really wants to litigate and who really wants to settle.  

The new rule was put into place to force insurance companies and large corporations into sending a person to the mediation with actual authority to settle the case.  Before the rule, some insurance companies would send a low level adjuster with low authority and make settlement negotiations a simple waste of time.  The insurance lawyers knew this and would sit through the Plaintiff’s presentation just to learn about the Plaintiff’s case.  In the end they would simply walk away never making a serious attempt to settle the case.  

The new rule redefines who must attend and forces that person to have actual authority to settle the case for the true value of the case or the policy limits.  Now we can finally get the right people to the settlement table and get some of these cases off the court’s docket.

The new language in Sub Section (C ) of the rule says as follows:

(c) Party Representative Having Full Authority to Settle. A “party representative having full authority to settle” shall mean the final decision maker with respect to all issues presented by the case who has the legal capacity to execute a binding settlement agreement on behalf of the party. Nothing herein shall be deemed to require any party or party representative who appears at a mediation conference in compliance with this rule to enter into a settlement agreement.  

See http://www.floridasupremecourt.org/decisions/2011/sc10-2329.pdf  for the full language of the rule. 

• Email This
• Print
• Comments
• Trackbacks

Most people don't realize that Florida still has some archaic laws on the books. Opposite sex couples living together have been committing a crime since the early 1800s, according to Florida law. Since that time, it has been a second-degree misdemeanor for opposite sex persons to live together. This law has rarely been enforced. Florida has a privacy right in its Constitution, which would likely result in any prosecution being thrown out and the law finally being declared unconstitutional. However, a Florida legislator has recently proposed revoking this old law. Interestingly enough, same-sex couples are not committing any crimes! The same holds true for adultery, but only between opposite sex persons. That has been a crime for at least a century. The statute making adultery a crime only applies to opposite sex conduct. It seems that the Florida legislature a hundred years ago wasn't concerned about same-sex couples living together or same-sex adultery. I wonder when all that started? It must not have been occurring back when this law was passed so long ago! Obviously, times have changed and in today's world neither of these laws have any place and both are likely not enforceable.

For information on your constitutional rights as a Florida citizen, feel free to call Joseph Fields a free consultation. He also offers free consultations on family law issues and same-sex issues. Joseph Fields is the co-author of the City of West Palm Beach’s anti-discrimination ordinance.

• Email This
• Print
• Comments
• Trackbacks

Senator John Thrasher, must be the insurance industry's shill. He is certainly an enemy of the Florida consumer. Thrasher has introduced a new insurance bill that guts the muscle out of Florida’s bad faith statute. Presently when an insurance company is found to have acted in bad faith toward their own insured (by the way, that is YOU Mr. Florida Citizen) the Insurance Company is responsible for all the damages they cause, including the entire damages caused to their insured in the accident.

This type of law keeps Florida Insurance companies from intentionally hurting their own customers! Thrasher’s amendments will let the Automobile Insurance Company delay and/or deny their own customer’s claims without penalty.

This bill damages and compresses the rights of consumers in Florida. It empowers the insurance companies to abuse their own customers, and these customers happen to be Florida citizens.

The worst part of the problem is that when Insurance Companies fail to pay fairly with their customers more people get lawyers and it causes more litigation. More litigation puts more pressure on an already overburdened court system.

Governor Scott then believes he can help balance the budget by cutting back on judicial resources. How is that possible when the court system is being jury rigged to create more litigation?

Between Thrasher and Scott the credo of “Let’s get to work” sounds like “Let’s get to work undermining Florida’s citizens.”

Click on the following link to read excerpts from Senate Bill 0624: Motor Vehicle Insurance

• Email This
• Print
• Comments
• Trackbacks

Yesterday Mark Hanson and I met with a group of clam farmers in the Florida Panhandle. Their entire life is clamming. They live right on the Sopchoppy river, about an hour south of Tallahassee. It is a beautiful part of the world. A cousin of the Ochlockonee river, the Sopchoppy river flows through their back yard. They are a few minutes from the Gulf of Mexico where they have a 10 year lease from the State of Florida on a small amount of riparian land to “farm” clams.

 When you’re on the shore looking out you at the Gulf can see the marking sticks setting out the parameters of their clam garden. Those PVC sticks look like they are white floating reed setting out the area where millions of clams are being raised in protected grow bags. Right now the water is beautiful. It looks clean and fresh. The State of Florida environmental testers check the water daily to make sure there is no toxic oil in the area. Yesterday we had an opportunity to pull more clams from the ocean. Tomorrow we may not be so lucky.

Everyone we met in Sopchoppy, Florida has a job related to fishing, clamming or oyster farming. The Gulf of Mexico is their life. There are shrimpers and line fisherman and divers and all sorts of other people. We met people in the tourist industry and people who own recreational water sports businesses. For each, the sea is their entire way of life.

Every one of them is scared to death. There is a black cloud of oil approaching. It is hundreds of miles wide and thousands of miles long. There is nothing anyone can do to stop it. When it makes its way to land it will destroy everything it touches. It will destroy their oyster farms. It will destroy their clams. It will destroy the fishing. It is already devastating the coast just a few miles west of where we were.

Mark and I went out on the pontoon boat with our clam farming clients. Their goal is to pull out as many ripe clams as possible before the oil shuts down their entire way of life. Watching these hard working people talk about effect the oil will have on their way of life makes me shutter in fear for them. I imagine camps of countless unemployed fisherman, clam and oyster farmers, fisheries, shippers and wholesalers. Where are they going to go? What are they going to do?

Is BP going to pay for all of these people to be retrained? Is BP going to make these people whole? We are going to fight for these clam farmers. We are going to fight for the fisheries. We are going to fight for everyone who is hurt by this oil disaster. I know in my heart we will win. But after seeing the fear in my client’s eyes, I know this disaster will have a deep long lasting personal effect on them. No matter what BP ever does they will never make up to them the harm and hurt and fear and devastation they caused to our property and more importantly, our people.

• Email This
• Print
• Comments
• Trackbacks

http://www.palmbeachpost.com/news/state/crist-signs-tax-break-for-fla-drywall-victims-721546.html

http://www.palmbeachpost.com/money/impact-of-chinese-drywall-settlement-unclear-for-those-695614.html

• Email This
• Print
• Comments
• Trackbacks

It is finally here: The Florida Seat belt law officially named the Dori Slosberg and Katie Marchetti Safety Belt Law is now in effect. Drivers in the state of Florida can be pulled over for not wearing a seat  belt and ticketed. In Palm Beach County, the ticket will cost drivers $101.00 for not wearing a seat belt.  Buckle up or be prepared to pay the fine.

As we mentioned previously on the Injury Law Blog, this law was named after two young teens tragically killed in a car accident that were not wearing seatbelts. It is believed that they would not have died, if they were wearing seatbelts when the accident occurred. Traffic Safety Champion, and former state representative, Irv Slosberg, said in a recent interview  "This new law is a major victory on the roads".

Capt. Patrick Kenny, of the traffic division in the Palm beach County Sheriff's Office, is in favor of the new law. According to a recent interview on the new Florida Seat belt law, with the Palm Beach Post, he stated the following:

"It's long overdue. Everybody knows that wearing seat belts, they do save lives. Making it the primary reason for a traffic stop gives us the ability to write more citations and make people aware that they need to wear a seat belt."
 

Data from NHTSA on Crash Safety Facts, shows that Florida ranked three in the nation, in 2007 with 3,214 deaths due to car accidents. Texas came in at number two with 3363 car accident related deaths and California came in at number one with 3974 car accident related deaths. 

Let's hope the passage of this new Florida seat belt law will help cut the numbers of unnecessary car accident deaths down in Florida.  It will be interesting to compare our numbers from this year after the seatbelt law goes into place with next year's data. Time will tell if the traffic deaths will continue in a downward direction.

 Important facts regarding Florida's seat belt laws: 

* At all times, passengers in the front seat must wear a seatbelt.

* At all times, any and all rear passenger under the age of 18 must wear a seatbelt.

* At all times, children ages 3 years and younger must be secured in a child restraint seat that is federally approved.

* At all times, children ages 4-5 years must be secured either by a seatbelt or a federally approved child restraint seat.  It is important to note that this can include the use of a booster seat in conjunction with the vehicle seatbelt.

* Drivers of vehicles are responsible for ensuring that children in the vehicle are properly buckled into their seats or using the required restraint devices, there are no exceptions.

• Email This
• Print
• Comments
• Trackbacks

The end of school signals the beginning of summer and the time of the year when many young, inexperienced teenaged drivers will be on the roadways. Whether these minor drivers are heading to their part-time jobs or out for a day of fun in the sun, the number of teen drivers on the roads during the summer months increases significantly. Because of their inexperience and risky behaviors behind the wheel, teen drivers are often the victims of devastating car crashes. Even though teen drivers only represent approximately 7 percent of the driving population, teen drivers account for approximately 14 percent of all traffic-related fatalities. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of death among teens in the United States.

While teenagers may be inexperienced drivers, this fact does not imply that all teens are unsafe drivers. Teenaged drivers simply need to be more aware of their surroundings and take extra precautions while on the road. Teen drivers should avoid distractions while driving, such as changing the radio, texting while driving, or having too many passengers in the car. Because many accidents involving teens occur at night, teen drivers should safeguard against accidents by paying close attention to all traffic laws, being aware of other drivers, and being free of distractions. Car crashes involving teens not only affect the teens involved in the crash but their families, employers, and society in general. According to studies conducted by the American Automobile Association (AAA), the cost of teen car crashes in 2008 was more than $34 billion for medical bills, property damage, and other related expenses.

In 2003, Florida was ranked number 4 among the 50 states with the worst teen fatal crash rate. In 2008, 4 of the 10 deadliest hotspots for teen fatalities among the 50 largest metro areas were found in Florida. The CDC reports that more than half of all teen car accidents occur on weekends (Friday, Saturday, and Sunday), and approximately half of all teen accidents occur between 3pm and midnight. However, teens do not have to become a statistic over the summer months. By using good judgment and making mature decisions, teens can safely enjoy their summer and their time behind the wheel. Teens should make sure they drive the speed limit, do not drink and drive, do not ride with someone that has been drinking, wear their seatbelt at all times, and limit the number of passengers in their vehicle. By following some simple driving rules and safety regulations, teens may save their lives as well as the lives of others.
 

Parents have a talk with your teen about driving safety. Take a look at the following list of suggested topics to include in the conversation:

Suggested Safety  Rules for Teen Drivers - provided by the NHTSA

Alcohol: Absolutely No Alcohol (No exceptions)
Seat belts: Always Buckle Up! - (In Florida, it is the law June 30th)
Cell phone/texting: No talking or texting while driving  (Set an example and use a headset)
Curfew: Have the Car in the Driveway by 10 p.m. (depending upon circumstances)
Passengers: No more than one at all times (this simple rule has saved many lives)
Graduated Drivers License: Follow your state's GDL law
Parental Responsibility: Set your house rules and consequences

• Email This
• Print
• Comments
• Trackbacks

Florida Motorists, mark your calendars, on June 30, 2009, the Dori Slosberg and Katie Marchetti Safety Belt Law will go into effect in the State of Florida.Thanks to the valiant efforts of concerned citizens and organizations such as the Dori Slosberg Foundation and the Katie Marchetti Foundation, this law will finally become a reality. This law is named in memory of two Florida teens that were killed in separate traffic accidents and died as a result of not wearing their seatbelts. This new seatbelt law will have far-reaching implications for those motorists that continue to violate the law by failing to wear their seatbelts either as the driver of or as passengers in a vehicle. While many might argue that every individual should have the right to choose whether or not to buckle up on Florida’s roadways, the state feels that it is in the best interest of public safety to enforce safety rules and regulations regarding seatbelts. Hence, Florida motorists will want to be aware of the new seatbelt law and how it will affect them.

While the percentage of motorists wearing seatbelts has increased over the last several years, Florida’s percentage of those that adhere to seatbelt laws is still below the national average. The National Highway Traffic Safety Administration reports that the national percentage of seatbelt use in 2008 was 83 percent. In Florida, the percentage of seatbelt use in 2008 was just under 82 percent. Even though Florida’s seatbelt use percentage is close to the national average, 1 in 5 drivers still do not wear their seatbelts according to the Florida Department of Transportation (DOT). Furthermore, the Florida DOT states that 3 out of 5 motor vehicle fatalities are the result of a failure to buckle up.

Florida joins 28 other states plus the District of Columbia with the passage of th new primary seatbelt law that will allow Florida law enforcement officers to pull over and ticket motorists for simply not wearing their seatbelts. No other type of violation will be necessary under the new seatbelt law for Florida law enforcement officers to make a traffic stop. When the driver or any passengers in the vehicle are not wearing their seatbelts, a Florida law enforcement officer will have a legal right to pull over the car and ticket those not wearing their seatbelts. The state fine for a seatbelt violation will be $30, and each county may impose additional fines and court fees as well.

According to Florida Governor Charlie Crist, "The most important function of government is to protect." With that said, Governor Crist signed into law the Dori Slosberg and Katie Marchetti Safety Belt Law. The Florida Highway Patrol predicts that at least 124 individuals will be saved each year as a result of the state’s new seatbelt law. It is important for drivers and their passengers to be aware of these changes to the state’s seatbelt laws, and drivers should ensure that they and their passengers are buckled up before hitting the Florida roadways beginning June 30.

Check out  the Governor's Highway Safety Association website to learn more about the various state seatbelt safety laws.
 

• Email This
• Print
• Comments
• Trackbacks

Recently, we received the following question from a reader of our Whistleblower Law Blog in response to a post on Shedding the Light on Attorney Contingency Fees. 

“What limit do you suggest on contingency fees - versus none? Unfortunately, except in certain prof liab and other law, we are hearing of contingencies of up to 65% and 70% in certain jurisdictions.”

First, I must say, this was a thoughtful question. Here is my belief on the appropriate cap on attorney fees. I am writing my response on our LaBovick Injury Law Blog, because I believe this will interest our readers. 

In Florida, contingency injury cases are capped by the Florida Bar. To exceed the cap the attorney must obtain special permission from the judge assigned to the case. It is my inherent belief that market forces do a better job lowering injury case contingency fees then a Florida Bar fee cap. (I must add that I am a Republican.) There are a huge number of personal injury lawyers in every community in the country. Under typical market circumstances, the sheer number of attorneys competing for injury cases would drive fees down. The Florida Bar instituting a fee cap effectively created an informal "State Assigned" minimum fee. This is a good marketing trick for injury lawyers because the consumer believes the Florida Bar has regulated the minimum fee for injury cases. There are so few lawyers who advertise lower contingency fees then the Florida Bar contract that they are irrelevant. However, both attorneys and consumers perceive lower fees from the small number of practitioners as low quality legal work. In reality the Florida Bar, fee cap has created a situation where the cap is actually a minimum fee and some attorneys actually go to court and ask the Judge for permission to charge more, not less. 

If there was no Florida Bar fee the market would, over time, take effect. Better lawyers would charge more and less qualified or less experienced or "mill" business models would charge less. The consumer could investigate and choose the attorney they wanted. The consumer's investigation into fees vs. reputation would create competition between attorneys, even those with good reputations, and would force them to charged less to compete in the market. That was the long answer to your question: I do not believe there should be any "cap" on fees because it creates an artificially high fee for the consumer.

Brian

• Email This
• Print
• Comments
• Trackbacks

Recently, we received the following question from a reader of our Whistleblower Law Blog in response to a post on Shedding the Light on Attorney Contingency Fees. 

“What limit do you suggest on contingency fees - versus none? Unfortunately, except in certain prof liab and other law, we are hearing of contingencies of up to 65% and 70% in certain jurisdictions.”

First, I must say, this was a thoughtful question. Here is my belief on the appropriate cap on attorney fees. I am writing my response on our LaBovick Injury Law Blog, because I believe this will interest our readers. 

In Florida, contingency injury cases are capped by the Florida Bar. To exceed the cap the attorney must obtain special permission from the judge assigned to the case. It is my inherent belief that market forces do a better job lowering injury case contingency fees then a Florida Bar fee cap. (I must add that I am a Republican.) There are a huge number of personal injury lawyers in every community in the country. Under typical market circumstances, the sheer number of attorneys competing for injury cases would drive fees down. The Florida Bar instituting a fee cap effectively created an informal "State Assigned" minimum fee. This is a good marketing trick for injury lawyers because the consumer believes the Florida Bar has regulated the minimum fee for injury cases. There are so few lawyers who advertise lower contingency fees then the Florida Bar contract that they are irrelevant. However, both attorneys and consumers perceive lower fees from the small number of practitioners as low quality legal work. In reality the Florida Bar, fee cap has created a situation where the cap is actually a minimum fee and some attorneys actually go to court and ask the Judge for permission to charge more, not less. 

If there was no Florida Bar fee the market would, over time, take effect. Better lawyers would charge more and less qualified or less experienced or "mill" business models would charge less. The consumer could investigate and choose the attorney they wanted. The consumer's investigation into fees vs. reputation would create competition between attorneys, even those with good reputations, and would force them to charged less to compete in the market. That was the long answer to your question: I do not believe there should be any "cap" on fees because it creates an artificially high fee for the consumer.

Brian

• Email This
• Print
• Comments
• Trackbacks

There is only one word that I think of that can describe how I feel about Allstate Insurance Company: Outrage.  In light of recent events, Allstate Insurance Company is not putting the best interest of their clients first or their 1,100 Agents in Florida.    

Judge Paul Hawkes  wrote the following scathing remarks for a unanimous three-judge panel: “Allstate’s willful, indeed potentially criminal, failure to comply with its disclosure obligations has prevented OIR from adequately investigating its reasoned belief that Allstate is systematically defrauding its policyholders”.

Florida Insurance Commissioner Kevin McCarty is not backing down on his request for Allstate Floridian to allow his office free access to its records to end the  statewide shutdown.

“The timeline is in their hands,” McCarty said. “Clearly they have indicated a willingness to provide further documents. It’s unfortunate that it takes a succession of court cases . . . to get their attention.”

One can only hope that Allstate lives up to their corporate slogan  "you're in good hands with Allstate" and they are not found guilty of systematically defrauding unsuspecting policy holders.  Let’s not forget that corporate giants have been known to believe in the philosophy that greed is good; at any cost. Insurance companies that are found defrauding hardworking policy holders that faithfully pay their monthly, quarterly and annual premiums, should be punished to the full extent of the law.

Florida Insurance Commissioner Kevin McCarty and Judge Paul Hawkes deserve a round of applause for holding Allstate accountable. One can only hope that a whistleblower with integrity will come forward and shed some light on Allstate's internal practices and policies. 

Click here to read more on this subject from Florida Today.com

• Email This
• Print
• Comments
• Trackbacks

The eighth annual Click it or ticket Florida Campaign Kicks off for 2008 today. The campaign runs  from May 19 - June 1, 2008. The Click it or ticket  is a part of a national campaign that encourages drivers to buckle up.

This is a serious issue the LaBovick & LaBovick Law Firm is deeply committed to supporting. This year we partnered with the Dori Slosberg Foundation in helping to make the community more aware of this important roadway safety issue. This year, Governor Crist and law enforcement has  extended the campaign in hopes of saving more lives. Drivers on the roadways should be aware:

During May 19 - June 1, 2008, law enforcement will be increasing normal patrols and enforcement activities. In addition, law enforcement will be practicing a zero tolerance policy for safety belt usage. If a person is stopped for any traffic violation and is caught not wearing a safety belt, he or she will be ticketed. 

Research indicates that when people are wearing their seat belts/safety belts, lives have been saved in automobile accidents and automobile crashes.

Join the LaBovick & LaBovick Personal Injury Law Firm in promoting the 2008 Click it or Ticket Florida Campaign. We can all take it one step better and promote wearing seat belts all year long.

Important Florida seat belt usage statistics:

South Florida Seat belt Usage Statistics by County
Broward –  81.5% (2007) 
Miami Dade –  76.2% (2007
Palm Beach – 79.0% (2007) 

Seat belt Safety Usage Statistics in Florida:
• 2,103 people killed in vehicles.
• (1,301) of those killed not wearing seat belts.
• 72% (79 of 110) of the children ages 0 to 17 years old killed were not using safety equipment

Seat belt Usage by Florida Drivers:
• 618 drivers not wearing their safety belts were killed in traffic crashes. 
• 23,197 drivers involved in traffic crashes were not wearing their safety belts.

Day and Time of Crashes in Florida:
• Friday, during the 5 p.m. hour, had the highest number of all types of crashes (3,294).
• Sunday, during the 2 a.m. hour, had the highest number of fatal crashes (48).
• Saturday, during the 2 a.m. hour, was second with 40 fatal crashes.


NHTSA Traffic Safety Facts, 2006 Nationwide Crash Statistics
1 fatality every 12 minutes
1 injury every 12 seconds
1 property damage crash every 8 seconds
1 law enforcement reported crash every 5 seconds

• Email This
• Print
• Comments
• Trackbacks

A recent study from the Insurance Institute of Highway Safety tested several mid-sized cars and rated most with marginal or poor ratings for rear-end collisions.  This is important to mention because rear-end collisions and and neck injuries are the most common injuries reported in automobile injury accidents. According to insurance reports, rear-end collisions account for nearly 2 million insurance claims each year, with an estimated cost of $8.5 billion. Although, neck injuries are not life-threatening, they often leave the injured accident victim with a lot of pain and are sometimes debilitating.

The Rear crash test rated protection in a two-step procedure. Starting points for the ratings are measurements of head restraint geometry — the height of a restraint and its horizontal distance behind the back of the head of an average-size man. Seats with good or acceptable restraint geometry are tested dynamically using a dummy that measures forces on the neck. This test simulates a collision in which a stationary vehicle is struck in the rear at 20 mph. Seats without good or acceptable geometry are rated poor overall because they can't be positioned to protect many people.

On a positive note, according to Institute senior vice president David Zuby, "The side impact results represent a huge change from just four years ago. "A major change is that auto manufacturers have been moving quickly to make side airbags standard, even on lower priced models."

In 2006, there were 42, 642 people killed in the 38, 588 fatal motor vehicle accidents, according to the Institute of Highway Safety. Florida was third in the nation in fatal motor vehicle accidents, with 3,374 reported deaths from 3,097 fatal accident crashes.  California was number one in the nation in automobile fatal accidents with 4,236 deaths and Texas came in second with  3,475 reported motor vehicle deaths.

According to a NHTSA FARS report, South Florida led the state in traffic fatalities by County, with Palm Beach County having 212 traffic fatalities, Broward County having 267 traffic fatalities and Miami Dade County having 367 traffic fatalities. It is important to mention that Palm Beach County traffic fatalities increased the most significantly in South Florida from prior years by nine percent. 

This makes the National Click it or Ticket Campaign, so important in saving lives on the roadway. During May 19 - June 1, 2008, law enforcement agencies join forces day and night, from coast-to-coast, for an enforcement blitz that delivers on our message “Click It or Ticket". The mobilization is supported by national and local paid advertising and earned media campaigns aimed at raising awareness before the blitz that ... Day or Night - Buckle Up or Pay Up.

The amazing nonprofit, Dori Slosberg Foundation has taken important steps in working with Florida law enforcement to ensure Florida's participation in this meaningful campaign.  Irv Slosberg and his dedicated team have tirelessly worked side by side with Florida law to ensure that we have the necessary representation on the roadways during this campaign. Although the campaign is only for a few weeks, prior year statistics show that traffic fatalities are decreased during this timeframe.

Click here to learn more about the Staying Alive on 95 event spearheaded by the Dori Slosberg Foundation.

• Email This
• Print
• Comments
• Trackbacks

Yesterday, Florida's no-fault insurance law, PIP, passed phase I in a special legislative session that ends next Friday. The talks continue today as to whether or not revive the mandatory Personal Injury Protection automobile coverage for Florida drivers.

The House Insurance committee endorsed reviving PIP with the implementation of anti-fraud measures. The anti-fraud measures suggested Cap payouts to medical-care providers to a fee schedule and limits the providers to specific doctors and health clinics.

The Bill has an uphill battle in the Senate, where it has a 50-50 chance of passing according to Ellyn Bogandoff, (R) Ft. Lauderdale.

All eyes are on Tallahassee during this Special budget cutting session, which is scheduled to end next Friday. Our valiant Governor Charlie Crist, has made restoring PIP law a priority in this session.

Let's hope our Legislators come to an agreement that works best for the public and clamps down on fraud.

Click here to read more on the PIP debate from the Business Review, Sun Sentinel, Palm Beach Post

• Email This
• Print
• Comments
• Trackbacks

The Florida Senate issued a release yesterday saying that the September 18th special session will be cancelled.  According to the release, there will be a Fall Special Session instead. This was a lifeline for the Florida PIP No-fault Insurance law.  It is Florida's requirement for Florida drivers to  carry at least $10,000 of no-fault insurance. The requirement to maintain PIP is scheduled to sunset on October 1, 2007. That is unless there is some sort of divine intervention to keep it alive in one form or another, past this date.

Click here to read the Press Release from the Florida Senate.

• Email This
• Print
• Comments
• Trackbacks

Interesting news story from Florida. A new driver, in Naples, Florida runs over her driving instructor several times, and is charged with DUI. According to the police, her eyes were bloodshot and her breath smelled of alcohol. The sheriff's office test measured her blood-alcohol level at .146, which is above Florida's .08 legal limit.

I guess driving instructors will now start testing blood alcohol levels before they take students out for a driving lesson. My question for the driving instructor, why did he take this student out for a drive, when she smelled of alcohol?

Read more on this story from the Insurance Journal.

• Email This
• Print
• Comments
• Trackbacks

The People's Governor, Charlie Crist, continues to live up to his moniker.  He is making Florida a better place to live and work by signing legislation that helps save lives. Governor Crist recently signed Senate Bill 1822 into law. This bill seeks to end preventable carbon monoxide poisoning by requiring detectors in public lodging establishments and new construction in Florida. A bi-partisan effort, Senate Bill 1822, was sponsored by Senator Rudy Garcia, Senator Charlie Justice, Representative Eddy Gonzales, and Representative Ron Saunders. 

 The Bill seeks to prevent an estimated 100 deaths each year that are caused by carbon monoxide poisoning in Florida. Carbon monoxide is a gas that is odorless, colorless and tasteless and can build up rapidly without notice and lead to serious injury and even death. It has been estimated that in the United States more than 40,000 people seek medical attention each year for non-fire related carbon monoxide poisoning. Although considered the most preventable of all types of poisonings, more then 500 lives are lost each year by carbon monoxide in the United States alone.

Thanks to the valiant efforts of  groups such as Florida Justice Association and Past FJA Presidents Ira Leesfield and Greg Barnhart, this bill was passed with the hopes of preventing future tragedies to others. It is great to have a Governor like Charlie Crist on the side of Floridians. Charlie Crist is truly one of the best Florida Governors of all time. We support you Charlie Crist. 

Click here to read more from the Florida Justice Association on Senate Bill 1822.

• Email This
• Print
• Comments
• Trackbacks

Florida is getting tough on people charged with DUI. Governor Charlie Christ signed Florida  House Bill 359, an act that raises the amount of financial responsibility required for persons guilty of DUI. This bill was supported by the Florida Justice Association (FJA) and Mothers Against Drunk Driving (MADD) in an effort to improve public safety legislation.

The House Bill 359, a bi-partisan effort sponsored by Senator Dennis Jones (R-Seminole) and Representative Rick Kriseman (D-St. Petersburg), requires those with a history of driving under the influence to carry bodily injury (BI) coverage in the amount of $100,000/$300,000/$50,000 ($100,000 per person, $300,000 per incident and $50,000 in property damage).

According to NHTSA, The National Highway Traffic Safety Administration, drunk driving accident related deaths nationwide were 25,052, out of 59,104 involved in fatal crashes, this represents 42 percent of the total for 2005. In Florida, the total was 3,543 traffic fatalities.

Celebrity DUI arrests and charges have been all over the news of late. A few known celebrities in the news regarding DUI include: Lindsay Lohan (car chase), Nicole Richie (driving the wrong way),  Al Gore III (pills and speeding) Shemar Moore, formerly of the Young Restless.  Thankfully these celebrities did not kill anyone while driving(some allegedly) driving under the influence. They just managed to shatter their stellar reputations and set a bad example for the people that look up to them. Such a bad example for society. Drinking driving is a serious issue, it would be nice to see these stars use their celebrity and fame to promote how important it is "not to drink and drive" while intoxicated. Hopefully they will learn from their mistakes and try to turn it into a positve.

Our very own Esther Uria LaBovick   understands the prosecution of DUI criminals and the impact they make on society. While she was an Assistant State Attorney, working under Janet Reno, she was in a special program that prosecuted DUI drivers.  She heard countless testimonies of people trying to justify why they should not be charged or sent to jail. Unfortunately, she also had to see the other side of the lives that were shattered  because of the deaths that the drunk drivers caused.

Word to the wise: Drink and Drive Responsibly in Florida, or you will pay for it in addition to serving time. Spread the word: Do not drive while intoxicated. This message will help save lives.

The LaBovick Injury Law Blog is presented as a service of the Private Law Firm, LaBovick & LaBovick, P.A., Civil Justice Prosecutors. 

 

• Email This
• Print
• Comments
• Trackbacks

On Oct. 1, Florida's no-fault car insurance law, around since 1971, and its requirement for Personal Injury Protection (PIP) will likely expire. The June special session, ended without a resolution. Although many proponents have called for an extension of the law, as of this moment in time, it  has not happened.

Both sides have valid arguments in the PIP debate. Our legislators have a tough decision on their hands. According to Hospital lobbyists, the end of the PIP requirement would mean a $350 million loss to hospitals in un-reimbursed medical care. On the Insurance side, Insurance lobbyists claim  that the end of PIP, would only cut a hospitals' profits. Another argument against keeping PIP is  massive amounts of fraud would be eliminated such as fraud rings involving scam artists.

What  will be the fate of the Florida PIP? Only time will tell if Governor Crist and the Florida legislators can save PIP before the clock strikes on October 1.

Click Here to read more on the Florida PIP story from Tallahassee.com

The Law Firm, LaBovick & LaBovick, Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.labovick.com for more injury information.

• Email This
• Print
• Comments
• Trackbacks

The question of whether the Florida "No Fault" Personal Injury Protection (PIP) should continue remains to be answered. State legislators have yet to reach a consensus on whether to to keep this law on the books, therefore, the no-fault law is set to expire on Oct. 1, 2007.

Presently, drivers carry at least $10,000 worth of PIP, personal injury protection. It is a requirement that has been around since the eary 1970's, and started as no-fault insurance, with the best of intentions, according to a recent editorial in the Palm Beach Post.  When injuries from a collision are minor, rather than clog the courts with small lawsuits to determine fault, the state created "no-fault" insurance. Insurers, not the courts, would settle the claims.

Although the insurance companies were happy to see the "no-fault" law go away, these sentiments were not shared by everyone in the community.

According to an article in the Miami Herald, Florida Hospital Association members bombarded legislators with more than 100,000 e-mails trying to persuade them to extend the no-fault law and the PIP requirement for at least another year. ''Some hospitals may have to reconsider whether they can continue to operate their trauma centers, and that would be a tragic loss for the people of Florida,'' said Wayne NeSmith, president of Florida Hospital Association.  

lick  here to read more on the "No Fault" Insurance from the Palm Beach Post

Click here to read more on the "No Fault" Law from the Miami Herald.

• Email This
• Print
• Comments
• Trackbacks