October 23, 2007

Car Accident Caused by Club Serving Underage Driver

Orlando car accidents are often caused by drunk drivers. At times, we find that younger drivers were unlawfully served alcohol at local bars and clubs due to a failure to properly check identification. When that negligence causes an underage drinker to become a danger on our roadways, the bar or club can be liable for harm that results.

Recently, a strip club was been ordered by a jury to pay more than $3 million in damages to the family of a 20-year-old man who died in a vehicle crash after being served alcohol at the club. The jury found that the strip club bore responsibility for the car accident that lead to the young man’s death because it had served him alcohol even though he was underage.

The plaintiffs in the case brought the lawsuit in part to prevent something similar from happening to others. The family of the young man believed it was time to make a stand and make a difference. Certainly, as Orlando car accident lawyers we echo that sentiment. Bars, clubs and lounges should accept their responsibility to check the ages of those they intend to serve alcohol.

In this case the young man was allegedly served alcohol even though he was visibly intoxicated and under 21, with no one trying to determine his age. Such conduct should be deterred. Whenever anyone drinks and drives it presents a danger to all those innocently traveling on our roadways. We do not need bars, lounges and clubs unlawfully serving underage and visibly intoxicated persons.

October 11, 2007

Orlando Car Accident Victims Face Uncertainty

Orlando car accident lawyers will be busy counseling clients about the effects of the new bill reinstating Florida's no-fault auto insurance system. In essence, the new law will not take full effect until January 1, 2008. That means that there will be a three-month lapse in requiring motorists to carry personal injury protection coverage. During this period, lawmakers have shared their view that Florida’s no-fault law will continue to apply only when all drivers in an accident have PIP coverage. Of course, this will likely be subject of court interpretation.

For now, several in Tallahassee are urging people to contact their insurance companies or agents to make sure they have enough coverage. Obviously, every one should carry adequate insurance to protect themselves and their families. At the very least, for those without health insurance, it is worthwhile to carry or keep PIP coverage, even if it is not required until Jan. 1. Motorists would be wise to also carry "bodily injury" coverage, which protects them if they get sued for causing an accident; as well as, "uninsured motorist" coverage that helps pay their bills and damages if another driver causes an accident and doesn't have insurance.

Certainly, the legislature should have acted timely if it was to continue Florida’s no fault laws. Due to their delay, consumers involved in car accidents will face a changing legal landscape.

October 1, 2007

Car Accident Victims Lose No Fault System

Orlando car accident victims and drivers and those throughout Florida lose the Florida No Fault system. For more than three decades, Florida drivers and accident victims relied on a system where medical bills and lost wages were paid by one’s own car insurance company. There was no need to file any legal claims against the at-fault driver to receive these benefits. Importantly, most delays were eliminated since you did not need to argue over who was at fault and insurance companies suffered penalties for delaying reasonable payments.

The No Fault system also limited a car accident victim’s right to recover non-economic damages such as those for pain and suffering and loss of enjoyment of life. Without No Fault benefits these restrictions should no longer prevent otherwise legitimate car accident victims from receiving compensation from the at fault driver’s insurance company.

Of course, there is so much lobbying going on in Tallahassee that our legislature may consider car insurance during the special session beginning on October 3rd. While the official slate does not have Florida No Fault on it, that does not prevent an amendment so that the legislators can take it up over the next two weeks. Once again, we will have to keep an eye on Tallahassee. In the meantime, Florida drivers and car accident victims must be prepared for a new system, one based on fault.