Do You Really Need Uninsured Motorist Coverage?

Having the right auto insurance coverage is essential. Uninsured motorist coverage is vital to ensuring that you are protected in a collision with an uninsured or underinsured driver.

Auto insurance is mandatory in Florida (as in most of the US). However, the state only requires a minimum amount of coverage. The state does not mandate that you carry uninsured motorist coverage. However, it’s very important that you have this type of protection included on your insurance policy. Why is this? What is this type of protection?

What Happens If You’re Injured?

Every day, thousands of people in Florida are injured in automobile accidents. In most cases, the insurance companies pick up the tab here. However, what happens if you’re injured in an auto accident and the person who hit you doesn’t have insurance? What happens if their insurance coverage is not sufficient? In most instances, you’re on the hook for your medical bills, and you won’t see anything for pain and suffering through a personal injury case, regardless of how skilled your lawyer might be. Read more »

Baltimore Ravens’ Torrey Smith Personally Impacted by Motorcycle Accident

The Baltimore Ravens’ win against the New England Patriots in September was a comeback game for more than one reason. Not only did the Ravens come from behind with the help of two crucial touchdowns in order to narrowly win the game by just one point, but the person who caught those touchdown passes had just comeback from 24 devastating hours in his life.

The night before this exciting game, Torrey Smith, wide receiver for the Baltimore Ravens, lost his younger brother to a terrible motorcycle accident. Smith’s younger brother, Tevin Jones, passed away after a motorcycle accident late that Saturday night. Torrey Smith was awakened in the middle of the night with the news, and rushed home to be with his family: his mother and five younger siblings. Read more »

Auto Accidents on the Rise in Gainesville

Gainesville has recently received negative publicity following a devastating pile up on I-75 that resulted in the death of ten people, as well as the hospitalization of eighteen. This isolated incident is just one example of the increased rate of auto accidents in the area, and residents are desperately searching for answers as to why this is occurring.

Foggy conditions make for bad drivers
One common hindrance in the Gainesville area is the low visibility during morning driving. Early morning fog is prevalent in this area, and it can significantly affect a driver’s ability to see what lies ahead. In the case of the recent pile up, a mixture of smoke and fog prevented unsuspecting drivers from seeing the danger that was right ahead of them. Read more »

Auto Accidents on the Rise in Gainesville

Gainesville has recently received negative publicity following a devastating pile up on I-75 that resulted in the death of ten people as well as the hospitalization of 18. This isolated incident is just one example of the increased rate of auto accidents in the area, and residents are desperately searching for answers as to why this is occurring.

One common hindrance in the Gainesville area is the low visibility during morning driving. Early morning fog is prevalent in this area, and it can significantly affect a driver’s ability to see what lies ahead. In the case of the recent pile up, a mixture of smoke and fog prevented unsuspecting drivers from seeing the danger that was right ahead of them. Read more »

Three Motorcycle Wrecks Reminds Gainesville Residents the Importance of Safety

A recent rash of motorycle accidents have reminded local residents why bike safety is important. It’s often been said that tragedy comes in three. That’s exactly the case for the three Gainesville bikers who lost their lives or were injured after severe motorcycle accidents.

A 28-year-old man from Summerfield was recently tied up in a deadly crash that took place in Williston. This was the most recent crash that came only days after a man was killed in a different motorcycle accident. One of the three bikers made it out with his life after he was critically injured during a motorcycle accident in Gainesville.

Our personal injury lawyers at Steven Bagen are some of the leading experts in motorcycle accidents. Learn more ways to protect yourself through our video vault of PSAs, or contact us today.

Study Reveals Women Are Involved in More Accidents Than Men

Car AccidentsA new study developed by the University of Michigan found that car accidents are mostly caused by women. Researchers studied thousands of traffic accidents over a 20-year time span. The results are surprising: female drivers are far more likely to run into a car driven by another woman than a man.

The study is bound to add fuel to the man vs. women fire. Lead author Michael Sivak of the University of Michigan’s Transportation Research Institute said he and his colleague, Brandon Schoettle, wanted to determine if there was a gender interaction component in traffic accidents. In fact, Sivak called the results “astounding.” The team examined police reports of two-vehicle traffic accidents across the country from 1988 to 2007.

They focused in on cases where the drivers of both vehicles could “potentially” determine the gender of the other driver in the moments before the crash. The accidents occurred during “personal travel” and since men drive 60% of the time compared to a woman’s 40%, the researchers’ theorized men would be involved in more accidents.

The “expected” percentage of accidents in which both drivers were men should be around 36%, but the chances that a woman would run into another woman was expected to be less than 16%, because women drive less than men.

Crashes involving two female drivers were “overrepresented” in five out of six different crash scenarios: Variations on crossing another vehicle’s path, side-swiping, turning in front of another vehicle, and head on. But here’s the bizarre part – when both vehicles were driven by a female, the crashes exceeded the expected frequency by at least 50 percent in two scenarios, and more than 25 percent in three others.

At least one other study discredited the idea that men are better drivers than women are. Researchers at Johns Hopkins University revealed that female drivers were involved in more crashes then men, but the difference was not substantial – 5.1 crashes per million miles driven for men, compared to 5.7 crashes for women.

Florida Leads Nation in Pedestrian Deaths

Florida Leads Nation in Pedestrian DeathsAccording to a new report released by Transportation for America, 11.1% of pedestrians and 17.4% of bicyclists were killed in Florida making it one of the deadliest states for walkers and bikers.

Out of the top 10 most dangerous cities, four Florida cities made the list: Orlando, Tampa, Jacksonville, and Miami.

Data also reveals that Florida has been in the top 3 in bicycle and pedestrian fatalities every year since 2001.

According to the report, three factors may contribute to the high number of fatalities:

  • Massive population growth as Florida has developed faster than any other state
  • Tourism development as 80 million visitors came to Florida last year alone.
  • Climate may contribute to this high risk as more Floridians spend time outside.

How to Stay Street Smart

Here are some steps to ensure you prevent injuries and deaths from motor vehicle crashes:

  • Be especially cautious at intersections where drivers often fail to yield the right of way to pedestrians while turning to another street.
  • Increase self visibility at night by carrying a flashlight or investing in a clip-on blinking light that attaches to your clothes.
  • Cross the street at a designated crosswalk when possible. Wait for the crosswalk light to permit you to cross as well.
  • Avoid the use of your cell phone at dangerous intersections as it can distract you from incoming traffic.
  • Walk facing traffic to ensure you are seen and being seen.

If you’ve been injured in a pedestrian accident, contact the legal team at Steven A. Bagen & Associates, P.A. Our personal injury lawyers have a vast amount of experience in dealing with pedestrian injuries and other personal injury cases. Contact us today for a free consultation.

 

Social Media – The Smoking Gun in the Personal Injury Lawsuits

Technology has undoubtedly changed the world we live in. If you want to communicate with your friends as to your day or your plans that night, you more often than not use a social networking site as means of getting the word out. However, your social networking of choice could also be your biggest obstruction when you decide to pursue a personal injury claim.

Guard Your Privacy

When you are putting together a personal injury claim, it’s important to understand that anything private can be made public easily. The defense will stop at nothing to tear down your case. Oftentimes, you can expect to have different parts of your life presented in a court of law that you thought were behind you or were guarded by privacy settings. In recent years, courts have considered whether the information and photographs posted on websites like Facebook must be disclosed. In many situations, the injured party may be obligated to provide the contents of their Facebook account, including those sections that are categorized as private.

Keeping Your Case and Your Facebook Separate

Here are a few tips to ensure that your social media profile stays out of your personal injury case.

  • Disable all social media accounts – When you go into your initial consultation, your personal injury lawyer will advise you to disable all social media accounts. Your blog, your social media accounts, and any other internet medium that allows you to publicly interact with others.
  • Search for yourself – Use a search engine to perform a search on yourself. Type your name into a search engine to see what is available online in terms of your background and your past.
  • Monitor your friends’ activities – Keep an eye on the posts and topics your friends are discussing online. View location check-ins, comments, and photos to ensure that your name remains private and you’re aware at all times of what is being said about you online.

Why It’s Important

From jury selection to settlements, social media is playing an intricate role in how cases all over the Nation are being developed.  Although some courts are attempting to ban social media from entering the courts, it is impossible at the rate that social networks are growing.

Rachel Wade vs. the State of Florida

Rachel Wade is serving a 27-year prison sentence for the murder of her romantic rival, Sarah Ludemann. The two were fighting over Joshua Camacho, a 19-year-old, who was dating both girls at the same time. Wade, who was 19 years old at the time, blames social media for her conviction.  Rachel Wade used the social networking website MySpace to threaten Ludemann. Her threats toward Ludemann may have inevitably resulted in her guilty conviction.

According to Rachel Wade’s attorney, Jay Herbert, “There was an incubation period in which the case percolated and verbal and malicious threats went back and forth both ways between the two girls,” Hebert told AOL News.  ”The entire relationship played out in either a MySpace forum or instant communication back and forth, and that just led to a [much] heightened, very volatile [situation].”

It took a jury less than three hours to convict Wade of murdering Ludemann.

Social Media in Other Trials

Here are some other documented examples of how social media usage has played a part in recent court proceedings:

  • A juror posted details of a case on her Facebook page then polled her friends on how the case should be decided.
  • A Maryland juror looked up the definition of a word on Wikipedia one night after deliberations.
  • A New York juror requested a witness to be her Facebook friend after one day of deliberations.
  • A California defendant’s girlfriend tampered with a juror through MySpace.

It is scary but true, anything you post online can be used against you in a court of law. If you’re a plaintiff in a personal injury case, speak to a lawyer today about what you need to do to protect your privacy and ensure you receive the most unbiased case possible.

 

7 Things to Do after an Accident

Ambulance, Personal InjuryWhen you’ve been injured in a slip and fall, a car accident, or any type of personal injury incident, you’re probably feeling overwhelmed by the chaos and flurry of emotions.

With all of the confusion, it can be easy to lose sight of the proper steps to take next. However, if you have been in an accident, then it is essential that you follow these steps to ensure you have a solid case. Here are 7 things you need to do when you’ve been injured in an accident.

 

Secure the scene. When an injury occurs, the first thing you must do is prevent any further danger while you wait for help. Drag injured persons away from danger, move away from unstable debris, or put out any fires.

Call for assistance. As soon as the area is secure and any visible dangers have been removed, call for help. The sooner help arrives, the better your chances of survival and lessening the severity of long-term effects of your injuries.

Apply first aid. Accidents and injures occur everyday and those who are unprepared to handle them are often the ones who suffer the most. Keep a first-aid kit on you at all times to assist in times of crisis. Begin CPR, put pressure on bleeding wounds, and stabilize broken bones. Stay calm and ensure that all panicked parties remain stable as well.

Record details. Once emergency personnel have arrived and the threat of immediate danger has dissipated, it’s time to record as much information as possible about the situation and the accident. Take pictures, jot down details, and record the time sequence of the accident. No detail is too small and you would be surprised what information will assist law enforcement, paramedics, and doctors.

Get a medical evaluation. Even if you think you were fortunate enough to walk away from an accident, you may be surprised at the invisible, internal injuries you may have suffered. While you may feel fine, a severe injury may present itself within hours or even days.

Be honest. During your medical evaluation, tell the medical staff that your injuries may result in a personal injury lawsuit. Why? Every doctor and nurse should chart as if each case may be presented in a court of law. However, in mentioning the possible action prior to an exam, it will prompt the staff to spend a few extra moments documenting important details and verifying records.

Contact a personal injury attorney. When you’ve been injured in an accident and you’ve taken the necessary steps to protect yourself and the scene, the last step is to contact a personal injury attorney. The attorneys at Steven A. Bagen will provide you with a free consultation to help you decide whether you have a case.

The Dangers of Distracted Driving

Distracted Driving, Personal Injury LawWe’ve all done it – been at a stoplight or in slow traffic and shot off a quick text or e-mail. It’s multitasking at its most dangerous. In today’s fast-paced world, it can feel all too convenient to perform secondary tasks while driving.  Whatever it is you’re doing while driving, you’re becoming dangerously distracted by the activity. In fact, in 2009, 5,474 people were killed in U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted driving.

 

What is Distracted Driving?
Distracted driving is any non-driving activity a person engages in that has the potential to distract him/her from the primary task of driving and increases the risk of crashing.

  • Visual – When you take your eyes off the road
  • Manual – When you take your hands off the wheel
  • Cognitive – When you take your mind off what you’re doing

Although texting is the most alarming activity under the distracted driving umbrella, there are other activities that are included:

  • Using a cell phone
  • Eating and drinking
  • Talking to passengers
  • Grooming
  • Reading, including Maps
  • Using a PDA/navigation system
  • Watching a video
  • Changing the radio, CD, or MP3 player

Cell Phone and Texting Laws
The government is doing their part to ensure the safety of drivers on the road as well. California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon, and Washington have all enacted laws that prohibit all drivers from using handheld cell phones while driving. Moreover, 33 states, D.C. and Guam have passed text messaging bans for all drivers.

To TXT or Not to TXT?
In Florida, it’s perfectly legal to use your cell phone while driving. Although it is never recommended to do so, there are some precautions you can make in order to ensure your safety and those around you.

  • Invest in a Cell Phone Hands-Free Car Kit – A hands-free kit will allow you to keep your eyes on the road and your hands on the wheel. Most are often equipped with voice command features so you don’t have to look away from the road while you take care of essential business.
  • Talk-to-Text – Talk-to-text applications are essential if most of your business or personal conversations are done through texting or e-mailing. Once you’ve downloaded the application, you can press a button to speak your text messages or e-mails. Most of these applications are free or very cost effective if you’re looking for something easy and affordable.

The Future of Safe Driving
Manage Mobility, a Georgia software company announced that it will be partnering with an Irving, Texas software firm to create an application that will disable texting, e-mailing, and Web-browsing functions of a wireless phone in moving vehicles. There are several applications already in the works that disable cell phones with a vehicle is moving, including iZup, tXtBlocker, ZoomSafer, and CellSafety. However, these applications do not work on the iPhone.

If you want to learn more about the dangers of distracted driving, contact our personal injury attorneys today. Our Gainesville, Florida, attorneys are happy to assist you with a myriad of legal services pertaining to personal injury, medical malpractice, and car accidents.