By jmaroney on February 27, 2009
Make Sure You Have Uninsured/Under-Insured Motorist Coverage
As we approach Bike Week here in Daytona Beach and Orlando, Florida, it is important that all of us check to make sure we have Uninsured and/or Under-Insured Motorist coverage available while riding a motorcycle. I strongly encourage everyone to call their insurance agent immediately and make sure they have uninsured motorist coverage available in the event that they are injured from a hit-and-run, phantom vehicle or car that has inadequate insurance. Please remember that in Florida, a car is not required to carry Bodily Injury Liability insurance. In other words, drivers in Florida are not required to carry insurance that covers you in the event they are negligent and hurt you. Many vehicles are uninsured here in Florida or have the minimum $10,000.00 liability policy people can get here, if they elect to have this coverage at all. Uninsured Motorist coverage stands in the shoes of the liability carrier that would have provided coverage. One way to get Uninsured Motorist coverage on your motorcycle easily, at least based upon Florida insurance rules, is to have “stacked” uninsured motorist coverage on your automobiles. If your automobile uninsured motorist coverage is stacked, it should apply to you while riding a motorcycle that does not specifically have uninsured motorist coverage. It is also important to make sure that your uninsured motorist coverage is “stacked” because this will provide more coverage to you in the event you are hurt and there is inadequate liability coverage. All uninsured motorist coverages can be added together rather than having to select the one coverage that applies to the vehicle you are on. Uninsured motorist coverage that is not stacked on your automobiles will not apply on your motorcycle in many circumstances.
I hope everyone has a great time at Bike Week in Daytona Beach and Orlando, is accident and injury free, and enjoys the many concerts and activities that will be available during the next week.
By jmaroney on January 19, 2009
This firm has handled cases involving automobiles where the front seat collapses and the head of the front seat occupant falls back and strikes a baby in a car seat in the back seat. Please be careful to seat your child in the middle if at all possible and not behind a front seat driver or occupant. These front seats are not designed to handle more than a 40 MPH impact. If your child is directly behind you, that child could be killed or suffer serious brain injury as a result of a collapsing seat. It is also safer to have your child in the middle of the back seat to prevent as much injury in the event of a side impact. The child needs to be properly fastened into the car seat to avoid flying out or up and hitting the ceiling.
By jmaroney on January 14, 2009
This firm has successfully handled many products liability cases. Some involve collapsing televisions, pool safety, automobile defects and motorcycle helmets, brakes, axles, and other parts. Sometimes the helmet that is worn by the motorcycle driver does not work as it is intended. It can crack, fall off, or otherwise not prevent a head injury as it is designed to do. If you or someone you know is suspicious that the helmet did not work as it should or there was a defect in the car or motorcycle that contributed to the accident you should consult an attorney immediately.
By jmaroney on January 8, 2009
Over the holidays, the Orlando Sentinel reported many motorcycle accidents, some involving fatalities. Some of the drivers were wearing their helmets and others were not. The Law Offices of Richard R. Troutman was contacted by several families and victims of motorcycle accidents. It is particularly tragic over the holidays when a family loses a son or daughter through no fault of their own. Many times the driver of the car that is at fault has little or no insurance. Please make sure that you look at your uninsured motorist policy on your cars and motorcycles. If you have stacked uninsured motorist coverage on your automobiles, it may be used by you or a member of your family that lives with you in the event there is a motorcycle accident or collision and the car at fault either leaves the scene or has no insurance.
By jmaroney on January 6, 2009
There are many negligence cases that are in the category of “products liability.” Many people remember in around the year 2000 when the Ford Explorer was rolling over and people were being killed and seriously injured. Much of the damages caused by this were related to the tires. In these cases, the manufacturer of the vehicle and the tire had to be brought into the litigation. Many vehicles have been recalled and if you are hurt as a result of what you feel to be a product crash-worthy issue, you should contact an attorney. You would be surprised to learn how many consumer complains, recalls, and defect investigations have occurred based upon the Ford Explorer alone. There is a research tool that you can investigate yourself called the “Vehicle Safety Information Resource Center.” You may want to check this database before purchasing your next vehicle. Even if you are not in the vehicle that rolled over or was defective, but were on a motorcycle or pedestrian injured by one of these vehicles, you may want to investigate more than the policy limits on the driver of the other car that may have been at least partially at-fault.
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 30, 2008
If you decide to negotiate your own settlement with the insurance company, there are many risks. The adjuster may make what seems to you to be a good offer, but you need to be careful about medical liens. This is particularly true in motorcycle cases where there is frequently no medical payment coverage on the motorcycle. There is also an issue when the medical bills are very high. A lien can be placed on your settlement by your health insurance company, Medicare, Medicaid, or some other source that pays the bills. If you accept the settlement, you may need to pay the entire amount to one of these medical payment providers. You also need to be careful about a possible hospital lien. Hospitals will frequently place a lien on your home and on the settlement. Regardless of the settlement offer, if you feel there will be a hospital lien or health insurance lien against your settlement, you should contact an attorney before you accept the settlement. This will give you the best bargaining position as these liens can be negotiated.
By jmaroney on December 29, 2008
In another case, Etheridge v. Walt Disney World, the Court held that it was improper for the judge to grant a directed verdict, preventing the plaintiff from bringing his case to a jury. In this case, the plaintiff was injured at Walt Disney World when she was crossing the street from a parking lot, stepped off a curb and her ankle was caught in a storm drain. The appellate court here in Florida ruled that even though there may not have been a defect in the design, construction or maintenance of the storm drain, the court should have allowed the plaintiff to present evidence to a jury of a pattern and practice of encouraging guests to cross the street over the storm drain. Negligent mode of operation may be a basis for liability against a premises owner in a case where someone falls and suffers serious injury.
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.
By jmaroney on November 24, 2008
While there is a sense of freedom and increased pleasure riding a motorcycle without a helmet, there are potential legal consequences. In Florida, along with twenty-seven other states, a helmet is no longer required with proof of health insurance. However, if you are involved in an accident that involves head injuries, we are experiencing more and more difficulty getting full compensation for riders who were not wearing helmets. The jury will hear that the helmet was not being worn at the time of the accident and this inevitably affects the amount of pain and suffering that is awarded, even when the motorcycle rider was not at fault in any way for the accident.
For many years, people have been punished for not wearing a seat belt when the jury believes a seat belt would have prevented the injuries. We are now experiencing this with people who are not wearing helmets, even though there is no law requiring one to be worn.
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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