Fort Lauderdale Injury Lawyer Blog

As you may know, Google has been experimenting with cars that can actually drive themselves without human assistance using Google's map applications along with other hardware like video cameras, lasers and radar to have a driverless car. One of Google's self-driving cars was involved in a rear-end collusion in California. As expected, critics are now questioning the safety of these vehicles.

Google asserts that at the of this accident, the car was not driving itself but was, in fact, operated by one of its employees. "Safety is our top priority. One of our goals is to prevent fender-benders like this one, which occurred while a person was manually driving the car," said a Google spokesperson, noting that its self-driving cars have traveled more than 160,000 miles autonomously without incident.

This minor accident brings into focus the question of when will computer technology be sufficient to replace the judgment exercised by humans beings when they drive. Now, we have GPS's which guide us to our destination, cruise control and active warning systems to alert us when somebody is in our blind spot. While the technology to replace human drivers is not yet here, it is not inconceivable that this will be coming in the not to distant future.

Nevada will become the first state in the nation to pass legislation legalizing driverless vehicles after considerable lobbying by Google. Nevada's DMV is working on a series of regulations regarding self-driving cars, including requirements for insurance.

Certainly self-driving cars present the promise of reducing accidents from human error but until that day occurs, we will all be surrounded on the road by human drivers using their cell phones, blasting their radios, and distracted by all sorts of outside stimulii. Accidents due to driver negligence will occur and many of these drivers will not have liability insurance.

While the Bible tells us to err is human and to forgive is divine, we should all think about what happens if we or a loved one are seriously injured through the negligence of a driver who has not purchased insurance. The only way to protect you and your family from the financial consequences of this scenario, is to purchase uninsured motorist (UM) coverage from your insurance company. UM is not required by the State of Florida and is typically not included in your insurance policy when your agent sells you "full coverage." You need to specifically ask your insurance agent for UM coverage when you purchase insurance or you will probably be out of luck if you get hit by an uninsured human driver.

Continue reading "Google Robotic Car Rear-ends another vehicle" »

A Horry County, South Carolina grand jury recently indicted a Florida woman on traffic homicide charges arising out of the August 2009 death of a 60-year-old woman on a South Carolina Highway. Kimberly Kelley Hilburn, 39, of Winter Haven, Fla., was charged with felony driving under the influence resulting in death; and two counts of felony DUI resulting in great bodily injury, according to grand jury indictments.

Glendora Faye George, 60, was killed when Horry's vehicle crashed into hers according to the S.C. Highway Patrol. The Highway Patrol said the Florida driver crossed over the center-line while driving a 1995 Chevrolet truck and struck George's 1998 Ford sport utility vehicle. George, who was wearing a seat belt, was pronounced dead at the scene from multiple blunt-force traumas. Five other people in the vehicle with George were also injured and taken to area hospitals.

Hilburn, who was also injured, was arrested. Whether it is South Carolina or Florida or any other location in this country, there are likely to be drunk drivers on the road. There is not much one can do to protect themselves from the carnage that these drivers can cause, particularly in a scenario like this one where another car suddenly crosses over the centerline of the roadway.

There is however from an insurance point of view, much that you can do to protect you and your family. Typically drunk drivers have a previous history of traffic violations and accidents. When insurance companies review their driver's license records they see an obvious red flag and may raise their insurance rates or flat out deny liability coverage to these drivers. Hence, a disproportionate number of drivers who drink and drive, often fail to have liability insurance, particularly in Broward County, Florida.

Armed with this knowledge, you can purchase uninsured motorist coverage from your own insurance company at a reasonable price, up to the amount of liability coverage that you purchase. Uninsured motorist coverage, will protect you and your family in the event that you are injured by a drunk driver who fails to have liability insurance to cover your injures.

As the old saying goes: "An ounce of prevention, is worth more than a pound of cure." Unfortunately, accidents occur when you least expect them and then it is too late to purchase uninsured motorist coverage if the other driver is bare. The time to buy this most important coverage is now!

Continue reading "Florida woman charged in 2009 death while DUI " »

South Florida has always been a sketchy place to drive, not to mention ride a bicycle. The link at BicyclesSafe provides an excellent review of riding strategies to avoid being hit by an inattentive motorist.

One of the ways that a cyclist can provide insurance coverage for himself in the event that he gets in an accident with an uninsured or underinsured automobile is to purchase UnInsured Motorist Coverage ("UM") with their automobile policy. UM is an optional coverage which the insured must select (and pay an additional premium for) at the time he purchases the insurance policy on the car. Although UM will slightly raise the cost of your policy, this amount will seem very small when compared to the coverage it provides.

Continue reading "Bicycling in South Florida -- How Not to be Hit." »

Miami-Dade County. Several riders on motorcylces were injured in a serious accident involved a tractor trailer in Krome Avenue in southwest Miami-Dade. This road has been closed to traffic.

In addition to the motorcyclists, a tractor trailer was jack-knifed and rolled over. A helicopter flew both of the injured people to the hospital.

This accident is being invested by the Florida Highway Patrol which has not said if anyone else was injured in the accident which remains under investigation.

This case is just another reminder of how quickly an enjoyable day of riding your motorcycle can turn into a nightmare. Everyone who owns a motorcycle needs to seriously consider purchasing uninsured motorist coverage with their bike. Although it appears that the tractor trailer would be covered by bodily injury insurance, in many of these accidents there is not enough bodily injury insurance to cover the riders' damages. This is where uninsured motorist coverage is essential to provide insurance coverage when the at-fault party does not have enough insurance to cover your injuries.

Continue reading "Motorcyclists injured in Miami-Dade Accident" »

The Fort Lauderdale Sun Sentinel reports that a landlord arguing with the father of one his tenants was chased down by the irate father in his car and run over. The incident was captured on an outdoor surveillance camera.

Police said the driver threatened the victim and stated: "I am going to get you, mother f-----!" The victim can be seen on the videotape running for his life, falling near the sidewalk before being run over by the Ford Taurus, which stopped on top of him.

The man remained trapped under the car until officers arrived to rescue him. Police had to ask bystanders to help lift up the 1992 Ford Tauras to free the man. Fortunately, in addition to the police, a weightlifter was available to help pull the man out from under the car. The man survived the impact and paramedics took him to the emergency room at Broward General Hospital.

The driver was criminally charged with aggravated assault with a deadly weapon and two counts of assault for getting into fights outside the car. The video shows the driver fleeing the scene and then fighting with one bystander, later entering the a grocery store where he punched a 24-year-old woman.

Because of the obvious intentional nature of this incident, even if the driver here had purchased liability insurance on his car, any claim would probably be denied by his insurance company. Most liability policies have an "intentional acts" exclusion which states the policy will not pay for damages caused by a driver who deliberately tries to injure someone while operating his car. The driver can still be sued for battery (an unlawful touching) and even for negligence under the theory that somehow the impact wsa just an "accident," but it will be very difficult to get paid under the driver's policy. If the landlord owned his own car and had purchased uninsured motorist coverage, he might be able to recover for his damages under that policy. Although these types of cases are very unusual, this illustrates the importance of purchasing uninusured motorist coverage for you and your family.

Continue reading "Fort Lauderdale man chased by irate driver in car" »

In the early morning of October 30, 2009, a high-school student and his two friends rode their bicycles from one boy's Miami Shores house to another's home in North Miami. The cyclists believed they were safe at night because their bikes had front and rear lights.

Their safety lights did not help them. As the student rode his bike along Biscayne Boulevard he was struck and killed by a car his friends say was speeding. ``The bicycle was pinned down under the front tire of the car,'' according to a witness who arrived at the scene shortly after the accident.

On November 27, 2009, the monthly Critical Mass ride -- organized by cyclists demonstrating for their safety -- was dedicated to this boy. From the usual starting location at Miami-Dade County Hall in downtown Miami, the ride proceeded north on Biscayne Boulevard to 113th Street, where the student was killed. There his friends and family gathered to place a memorial in his memory.

This case represents another cycling fatality in the state of Florida which has the most in the country. Florida law classifies bicycles as vehicles, giving cyclists the right to use the roadway. After dark, cyclists are required to have bike lights front and rear.

Like other cities, Miami has seen an increase in the popularity of cycling despite streets widely regarded as dangerous to bicyclists, in part because many roads are designed for fast motorized traffic and lack marked bike lanes.

Cycling activists have, without success, requested the Florida Department of Transportation, which manages Biscayne Boulevard, to add bike lanes on that road which is a major north-south cycling route in eastern Miami-Dade County.

This tragic case reminds us that cyclists should always wear helmets, although I am not sure that it would have made a difference here. Even with flashing lights and reflectors on bicycles, a lot of motorists still do not see cyclists on the road. Unfortunately, when a collision occurs between a car and a bicycle, the end result is usually very serious to the cyclist. One of the ways that a cyclist can financially protect himself from the adverse consequences of a collision with a car is to make sure that if he owns an automobile, that he has purchased uninsured motorist coverage. This coverage may extend from the automobile to your bicycle in the event that the at-fault motorist does not have any, or does not have enough, liability coverage for the damages incurred.

Continue reading "Student killed in bicycle accident in Miami, Florida" »