By jmaroney on May 8, 2009
It seems like every day now I see a driver sending a text message while driving. It is hard to believe that we not only have to worry about people dialing and talking on cell phones while driving, but now they are taking their eyes completely off the road and sending a text message to their family and friends. Many deaths have been caused by the use of cell phones, especially the use of the test message. Please remember while you are on a motorcycle or driving an automobile that cars all around you are being driven by people who are not paying attention and are preoccupoed with the many activities that can be done in a car with current technology. Keep your Uninsured Motorist limits high so you can be compensated for your medical bills, lost wages and suffering if you are injured by this type of driver who may not have insurance at all to cover your injuries.
By jmaroney on May 7, 2009
As I travel down the roads of Central Florida, I am noticing more and more debris that has fallen off trucks and other vehicles on the road. The results of hitting this debris can be devastating and catastrophic to a motorcycle rider. It can also be devastating to the driver of an automobile who overcompensates trying to avoid something in the road. It is essential that you keep a safe distance between you and the car in front of you so these things can be seen. Debris can be knocked into the air by an automobile and into the face of a motorcyclist. Unfortunately, Uninsured Motorist coverage does not usually apply to an injury caused by road debris. Please use extraordinary caution to avoid this type of danger.
By jmaroney on December 31, 2008
Many times the insurance coverage on the car that was at-fault is inadequate to even pay your medical bills. If the insurance company does not offer their policy limits on a timely basis, they may be in what we call, “bad faith.” The law of bad faith can be confusing. Courts and the parties appearing before the courts struggle in understanding the detail of bad faith and how it applies in a particular case. We have had many experiences with motorcycle cases where the driver of the car at-fault has insurance but the policy limits are not offered. Frequently the insurance companies claim that the driver of the motorcycle was partially or completely at-fault. We have had success in obtaining the policy limits plus what we call, “bad faith damages” from the insurance company for the at-fault party for failing to pay the policy limits because they questioned whether their driver was at-fault when the driver was enough at-fault that the policy limits should have been offered.
By jmaroney on December 29, 2008
During the first two weeks of December 2008, the appellate courts in Florida decided two cases that are favorable to plaintiffs and people injured as a result of negligence. The first case was decided by the state Supreme Court and is entitled Kirton v. Fields. In that case, the court determined that a release signed by a parent, before an injury, may not be enforceable against the operator of a commercial activity. In this particular case, the release signed by the minor’s father so that the minor could gain access to a motorcross sports park to ride his ATV was held unenforceable because it prevented the minor’s estate from bringing a cause of action against the commercial establishment that provided the activity which resulted in the minor’s death.
If you or a loved one has been injured in Central Florida, schedule an appointment at the Law Offices of Richard B. Troutman for a review of your case.
Law Offices of Richard B. Troutman, P.A.
1101 North Kentucky Ave.
Winter Park, Florida 32789
Ph. 407-647-5002
Fx. 407-647-2050
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