Blog

What Are Your Obligations After a Florida Boating Accident?

Florida has more registered boats than any other US state and, unfortunately, also leads the nation in the number of boat accidents reported yearly. Although most boat operators are careful and conscientious while on the water, accidents can still occur due to poor weather, excessive speed, lapses in concentration, or other factors. If you are involved in a boating accident, you are required by Florida law to remain at the scene, render reasonable aid to any victims, and inform local authorities or the Coast Guard of the incident.

You must also provide your name, address, and identification for your vessel to anyone who was injured in the accident or suffered property damage. If you strike an unattended vessel or property, you must make every attempt to find and notify the owner. Additionally, you may need to file a written report detailing the accident with the appropriate authorities. Failing to take these actions can potentially result in criminal charges, jail time, and fines. It is highly recommended to consult a knowledgeable Florida boat accident attorney to ensure you fully understand the state’s reporting requirements and the next steps you should take to recover compensation for the losses you suffered in the accident.

When Are You Required to File a Boating Accident Report?

In Florida, the following types of boating accidents must be reported:

• Incidents resulting in death
• Disappearance of a person under circumstances that may indicate death or injury.
• An injury causing a person to require medical attention beyond first aid.
• Damage to the vessel(s), nearby property or structures, and/or personal property totaling $2,000 or more.

If the accident involves more than one vessel, the operator or owner of each vessel must submit their own written report.

Where Should Your Report Be Filed?

A report of the boating accident must be made to one of the following entities:

• Division of Law Enforcement of the Florida Fish and Wildlife Conservation Commission (FWC)
• The sheriff of the county where the accident occurred
• The police department of the municipality in which the accident occurred

Your initial accident report can be made by phone by calling the FWC at 1-888-404-3922 or contacting the local police department. However, you will likely need to complete a full written report using this short Florida Boating Accident Self Report form and mail it to the Boating & Waterways Section of the FWC. The only time this written report is not required is if an Accident Investigation Report has already been submitted to the FWC by a law enforcement officer. If local police investigated your accident, you or your lawyer should seek further information from the authorities to confirm whether you need to file a separate report. 

How Soon Should Your Report Be Submitted?

The initial notification call to the relevant authorities should happen as soon as possible after the incident. This prompt action ensures the well-being of everyone involved and allows law enforcement to investigate the accident as quickly as possible. Time is of the essence if emergency medical care or search and rescue operations need to be mobilized.

The deadlines for filing a written report depend upon the circumstances of the boating accident. The standard timelines for submitting all necessary paperwork are:

• Twenty-four hours: If anyone died as a result of the accident.
• Forty-eight hours: If anyone involved in the accident required medical care beyond basic first aid or an individual has gone missing following the incident.
• Ten days: If the accident only resulted in property damage.

What Types of Accidents Must Be Reported?

As noted above, boat operators or owners are responsible for reporting any boating accidents that cause over $2,000 in damage, result in injuries that require medical treatment, or lead to the death or disappearance of a victim. Some of the most common causes for these types of reportable accidents include:

• Collisions between two or more boats
• Sinking or capsizing of a boat
• Running aground
• Striking a stationary object, such as a dock, buoy, or signal marker
• Incidents which occur when moving a vessel into or out of the water
• Passengers falling overboard, leading to injury, disappearance, or death
• Watersport accidents, such as injuries caused by water skiing

What Information Must Your Accident Report Include?

When submitting a written report, filling in each applicable section and providing as much detail as possible to ensure a comprehensive report is vital. The FWC compiles this information into yearly boating accident reports, which play a key role when establishing state regulations and setting safety standards. Additionally, this information can prove crucial when filing an insurance claim. Required topics include:

• Vessel Information: This includes the vessel registration or documentation number, the name of the vessel, and the Hull Identification Number (HIN). The make of the boat should also be listed.
• Accident Information: Details about the accident, such as the location, the conditions at the time, the operator’s experience and training levels, and a brief description of what happened.
• Damage Information: Information about the extent of the damage to the vessel(s) involved and any other property, if applicable.
• Personal Information: Names and contact information of the vessel operator, owners, and any passengers. It should also include information about any injuries or fatalities that occurred as a result of the accident.
• Reporting Agency Case Number: If law enforcement was involved and a case number was assigned, this should be included in the report.

However, state law notes that you are not required to provide information to law enforcement or the FWC that would violate your privilege to not incriminate yourself. If you are uncertain how to properly handle the reporting of your crash, you should contact a trusted Florida boat accident lawyer as soon as possible for guidance.

How Can Our Law Firm Assist You?

If you’ve experienced an accident while operating a vessel on Florida’s waters, our experienced attorneys at Galimidi Law can help you understand and meet your reporting obligations. We can also explain your legal rights for recovering compensation from the liable party or parties. Seeking damages for boating accidents can often be more complex than car accidents because boat insurance is not required in Florida, and many private vessels are uninsured. However, our skilled lawyers can guide you every step of the way. Contact our office today at 305-692-0125 to schedule a free case evaluation.

What Steps Should You Take if You’ve Been Involved in a Florida Car Crash That Was Not Your Fault?

It’s an unfortunate reality that even the most careful, conscientious drivers can be involved in a car accident. While it can be a scary and frustrating experience when someone else causes a collision, it’s vital to maintain your composure and take whatever steps you can to manage the situation. Taking the following six actions can help safeguard your well-being and your right to recover damages resulting from your Florida car accident.

Stay at the Crash Site

A crash can be frightening and disorienting. Some accident victims panic and consider leaving the scene if they don’t appear to have significant vehicle damage or injuries. However, leaving the accident site will make it much more difficult to seek compensation for your damages and could even result in legal consequences. Under Florida statutes § 316.065, you must immediately contact local law enforcement following a crash that results in death, injury, or property damage of $500 or more. This law applies whether you were at fault for the accident or not.

You are also obligated to render reasonable assistance to anyone injured in the collision, including calling for emergency medical services or providing transportation to a hospital if the person requests it and you are physically able to do so. After an accident, you should take the following actions to protect your legal rights and health :

• Move your vehicle out of traffic if you can safely do so.
• Evaluate the health of yourself, your passengers, and any other crash victims.
• Call 911 if anyone has injuries that require prompt treatment.
• Contact law enforcement to report the crash and stay at the scene until a police officer arrives.
• Cooperate with all official investigations and provide contact information if requested.

Collect Information

Florida is a no-fault car insurance state. Under a no-fault system, drivers must seek compensation for their injuries and losses from their own insurance policies, regardless of who was responsible for the crash. To ensure all drivers have adequate insurance, Florida requires every motorist to have at least $10,000 in personal injury protection (PIP) coverage.

So why do you still need to collect contact information, driver’s license number, and insurance policy information from the other driver(s) involved in the crash if you are filing a claim with your own car insurance? Unfortunately, vehicle accidents can result in significant damage to the body, and the costs for medical bills, lost wages, and other expenses can rapidly outstrip your PIP coverage limits. If you have suffered severe injuries and have outstanding healthcare bills or other damages, you should consult a knowledgeable Miami car accident attorney to discuss whether you may be able to file a lawsuit against the at-fault parties.

Document the Accident

Collecting strong evidence to support your car accident claim is crucial. Photos or videos of vehicle damage, the crash site, and your injuries may be vital to reconstructing the accident and determining who was at fault. You should also gather the contact information of all witnesses. The crash report compiled by law enforcement will contain important details about the investigation and their opinion of who was responsible for the collision. Be sure you know how to get a copy of the report once it is completed.

Writing down or making a voice recording of your recollection of the crash as soon as possible can also help preserve essential details of the incident you might otherwise forget. You can also refer to this record to refresh your memory before speaking to insurance adjusters or others. This action reduces the chances of accidentally providing a contradictory or incomplete version of the events that could potentially harm your claim.

Get a Medical Evaluation

The forces involved in even a minor car crash can be exceedingly harmful to the body. Unfortunately, the extent of some severe injuries, such as traumatic brain injuries (TBIs), whiplash, and internal bleeding, may not be immediately apparent. To protect your health and claim, you should seek prompt medical treatment even if you appear uninjured after the accident. By seeing a doctor as soon as possible following the crash, you are creating an official record of your injuries and making a clear connection between the accident and your physical issues.

Inform Your Insurance Company

Most insurers require you to inform them of your accident in a timely manner and cooperate fully with their investigation. Due to Florida’s no-fault system, anyone involved in an automobile accident will be seeking compensation from their own insurance provider, at least initially. Your PIP coverage pays for medical expenses and lost wages up to your policy limits. However, if you have damages that exceed this amount or experienced other losses, such as pain and suffering or property damage, you should contact a skilled car accident attorney who can help you explore your legal options.

Consult an Experienced Florida Car Accident Attorney

A car accident can change your life in a matter of moments. Attempting to navigate the complexities of insurance coverages and state laws in the aftermath of a crash can be confusing and overwhelming. It’s critical to have a strong advocate on your side who will uphold your rights and help you recover the damages you are entitled to. If you’ve been injured in a car accident that wasn’t your fault, contact Galimidi Law today at 305-692-0125 to schedule a free case evaluation. 

When Can I Sue My Employer for a Slip and Fall Accident?

A slip-and-fall accident at work can change your life in a moment. Whether the accident occurs on a single level, like a slick walkway, or involves a fall from a height, the damage inflicted on your body can be severe. You may suffer broken bones, a concussion, spinal injuries, or other painful and potentially long-lasting damage.

If you’ve experienced a slip and fall injury while on the job in Florida, you may wonder whether or not you can sue your employer. The answer will hinge on the specifics of your case. A qualified Miami slip and fall attorney can explain when a lawsuit against your employer may be feasible and what other options you have for recovery if you are ineligible to sue.

How Does Workers’ Compensation Impact Your Ability to File a Lawsuit Against Your Employer?

Most Florida businesses are required by law to provide workers’ compensation coverage for their employees. This coverage gives employees who have been hurt during the course of their jobs a straightforward way to file a claim and recover certain damages that resulted from the injury, including medical expenses and lost wages. Workers’ compensation is a no-fault insurance plan, which means you do not need to prove negligence on the part of your coworker, employer, or another party to recover damages.

While workers’ compensation coverage has many benefits for employees, it also limits their legal options following an accident. In nearly all cases, an employer who provides workers’ compensation coverage is immune from further liability for an accident. This immunity typically prevents injured employees from filing a lawsuit in civil court to recover other damages, including pain and suffering, mental anguish, and punitive damages.

When Could a Lawsuit Be a Viable Option?

Most employees who experience slip and fall injuries at work must pursue their damages through a workers’ compensation claim. However, there are certain circumstances where you may have the right to seek compensation through a personal injury lawsuit. The following situations may result in a valid claim. Each case is unique, so it is critical to speak to a knowledgeable lawyer as soon as possible after your accident to fully understand your legal options.

Your Employer Doesn’t Have Workers’ Compensation Coverage

Certain businesses may be exempt from participation in Florida’s workers’ compensation program, such as workplaces with fewer than four employees. Other employers may fail to obtain proper coverage, violating Florida’s state laws. In either case, if your employer does not have adequate workers’ compensation insurance, they do not have immunity from a civil lawsuit and could possibly be sued for your slip and fall injuries.

Your Accident Was Caused By a Third Party

You may perform your job in a complex workplace alongside third-party contractors. This situation is common on construction sites where vendors, subcontractors, and other outside parties are brought in for specific tasks. If your slip and fall accident is attributable to the negligence of one of these third-party contractors, you may be able to file a lawsuit against them to recover damages.

Defective products can also lead to workplace slip and fall injuries. If a malfunctioning piece of equipment or a product lacking adequate warning labels led to your accident, you may be able to file a claim against the manufacturer, designer, or distributor of the product.

Your Employer Engaged in Intentional Misconduct

Per Florida Statutes § 440.11, an employer can be held liable if they commit an intentional tort that causes an employee’s death or injury, regardless of whether they have workers’ compensation insurance. The statute requires the plaintiff to prove one of the following facts for a successful claim:

• The employer deliberately injured the employee.
• The employer engaged in conduct they should have known was virtually certain to cause injury or death, and they concealed the risks from the employee so they could not make an informed decision on whether or not to perform the task.

Your Employer Failed to Secure the Workers’ Compensation Payment Required by Law

If your employer does not handle your workers’ compensation claim in a timely manner or incorrectly denies a valid claim, you may have the option to sue. However, the laws surrounding these cases can be complex, so speaking with a skilled lawyer is highly recommended if you believe your claim has been mismanaged.

What Should You Do if You’ve Been Hurt in a Slip and Fall Accident?

No one expects a slip-and-fall accident or another workplace injury to happen to them. Unfortunately, even though you may take every precaution to keep yourself safe, you could still become seriously hurt due to an on-the-job accident. If you find yourself in this situation, staying calm and focusing on your safety and well-being is crucial. Taking the following steps, if possible, can also help streamline your financial recovery process:

• Seek immediate medical attention, even if your injuries initially appear minor.
• Take photos and videos of the accident scene as soon as possible to capture what the area looked like at the time of your slip and fall.
• Inform your supervisor of the accident and make a copy of your accident report.
• Keep evidence of your damages, including doctor bills, prescription receipts, medical records, and income information.
• Contact a trusted slip and fall lawyer before filing a workers’ compensation claim to ensure you understand your legal rights for recovery.

How Can Our Law Firm Help You?

Your ability to sue your employer or another responsible party for your slip and fall accident will depend on the details of your case. Our experienced lawyers at Galimidi Law can evaluate your claim and help you determine your legal options for recovering the full compensation you deserve, whether that involves filing for workers’ compensation or pursuing a civil lawsuit. Contact our law firm today at 305-692-0125 to schedule a confidential, no-cost consultation.

What Do You Need to Know About Liability Following a Florida Truck Accident?

Collisions with semi-trucks are some of the most devastating motor vehicle accidents seen on Florida’s highways. Trucks can weigh as much as thirty times more than a passenger vehicle. The sheer force inflicted on a car by this size discrepancy can overwhelm its safety features, rendering them ineffective. Even low-speed impacts can leave vehicle occupants with catastrophic injuries or worse. Tragically, according to the Federal Motor Carrier Safety Administration (FMCSA), Florida had 322 truck accident fatalities in 2020. This number was the third-highest in the nation, behind only Texas and California. 

Survivors of these accidents often face a long road to recovery, and the aftermath of a truck crash can leave victims and their families with hefty medical expenses and other financial challenges. Pursuing a personal injury claim against the liable party or parties can help victims recover damages for their losses caused by the accident. However, identifying who may be liable in a commercial truck accident can be much more complex than in a typical motor vehicle crash. Each case is different and must be investigated carefully to determine who was responsible. A knowledgeable Florida truck accident attorney can answer your questions and help you through every step of your claim so you can focus on your recovery.

What Are the Consequences of a Truck Accident?

Truck accidents can be violent and terrifying. They are more likely to result in severe injuries and fatalities than a car crash. Due to the frightening nature of truck collisions, survivors often suffer from trauma-induced mental health issues such as PTSD, vehophobia, depression, and anxiety.

In addition to the mental harm victims experience, they often suffer significant injuries that can take months or even a lifetime to heal, including:

• Broken bones
• Burns
• Crush injuries
• Dislocations
• Head and facial injuries, including traumatic brain injuries (TBIs)
• Lacerations and contusions
• Severed limbs
• Soft tissue damage
• Spine injuries and paralysis
• Whiplash

The seriousness of the injuries suffered by the victims of these accidents makes it critical to uncover the parties liable for the crash. Through proper identification and carefully planned legal action, they can be held responsible for the economic and non-economic damages caused by their negligent acts.

How Does Florida’s No-Fault System Impact Your Truck Accident Claim?

Florida operates under a no-fault insurance system. This system allows accident victims to file their initial claims with their own insurance regardless of who was at fault for the crash. However, your no-fault insurance and personal injury protection (PIP) coverage will only pay a portion of your lost wages and medical expenses, and your coverage limits restrict the total amount available. Victims of truck accidents may outstrip their insurance coverage very rapidly as they often need extensive medical care.

Luckily, Florida law does allow victims to seek compensation from the at-fault party or parties through a lawsuit if they have experienced serious bodily injuries. If you have losses from a truck accident that your insurance has not covered, it is vital to contact a lawyer promptly to discuss your legal options. The statute of limitations for personal injury claims is typically four years from the date of the accident, but it is best to begin the process as soon as possible before critical evidence is lost.

Who May Be At Fault For a Truck Accident?

Truck drivers have a responsibility to everyone on the road to operate their vehicles with care and safety. While most truck operators do live up to these high standards while driving on unfamiliar roads or under time constraints, any reckless actions on their part can lead to severe consequences for nearby motorists. A negligent truck driver who is speeding, failing to pay full attention to the road ahead, driving while fatigued, or operating their semi under the influence of drugs or alcohol can alter a victim’s life in mere moments.

However, truck accidents can occur without the driver being fully or partially at fault. The complicated web of potentially liable parties in a truck collision can make these claims challenging for victims to navigate on their own.

Often, a detailed investigation, coupled with the opinions of accident reconstructionists and medical experts, is required to fully identify all those who may have contributed to the accident. An experienced truck accident lawyer has access to the resources needed to build a strong case against the liable parties so you can recover the damages you deserve. Parties who may be held responsible for a truck accident may include one or more of the following:

• Truck drivers
• Trucking companies
• Truck mechanics
• Cargo loaders
• Entities responsible for truck driver training or hiring
• Manufacturers of defective vehicles or parts
• Owner-operators
• Third parties, such as bicyclists, pedestrians, or other motorists
• Government entities or their employees responsible for road design and maintenance

How Can Florida’s Comparative Fault System Affect Your Case?

In certain cases, the accident victim may also share some fault in the collision. Until recently, Florida plaintiffs could file a lawsuit as long as they were not 100% at fault for the crash, although their settlement would be reduced by the percentage of fault assigned to them. With the passage of new comparative fault statutes in Florida in 2023, victims are now only eligible to seek damages if they are less than 50% at fault for the crash. However, many factors can play into the determination of liability, and you should never assume that you are ineligible to file a lawsuit without first speaking to a knowledgeable truck accident attorney.

How Can Our Law Firm Help You?

Liability in truck accidents can be a very intricate and confusing topic, but the simple truth is that you deserve full compensation from all the parties responsible for your damages. Unfortunately, trucking company insurers are very cognizant of the substantial damages that crash victims can suffer. Due to the large settlements that can be involved, insurers spend considerable resources to employ lawyers to fight these claims.

At Galimidi Law, our top-rated legal expert for accidents involving trucks in Miami are here to level the playing field and uphold your legal rights. We can investigate your accident, identify all responsible individuals and entities, and build a robust case to support your claim, while removing the stress of dealing with insurers or their lawyers. Contact our law firm today at 305-692-0125 to schedule a free consultation and learn how we can serve you.

For more information on Florida truck accident law, please see:

• How to File a Truck Accident Claim
• How Semi-Truck Accidents Are Different From Car Accidents

How Can You Protect Your Legal Right to Recover Compensation After a Florida Semi-Truck Accident?

Truck accident claims can often be much more complex than typical car accident cases due to the seriousness of the injuries involved and the number of potential defendants. Florida’s no-fault insurance requirements and recently updated contributory negligence statutes can further complicate the process. Enlisting the help of a skilled Florida truck accident attorney can be vital to ensuring that you navigate the process properly and give yourself the best opportunity to recover full compensation for your damages.

What Should You Do Immediately Following a Truck Accident?

Collisions involving a truck are often extremely violent, and the aftermath can be chaotic. Your initial concern should be for the safety of yourself and others involved in the crash. If anyone is injured, contact emergency medical services immediately. Carefully move to a secure location out of traffic, if possible, to avoid further impacts.

Taking the following actions after you are safe may improve the likelihood of a successful claim:

• Call the police: An official police report provides key information about what occurred. It is vital to promptly inform authorities of the crash and understand how to get a copy of the report.
• Get a medical evaluation: Even if you believe you escaped the collision unscathed, you should seek a doctor’s opinion. This action serves a dual purpose – protecting your health and ensuring you meet your insurance company’s requirements for receiving timely diagnosis and treatment.
• Contact a local lawyer specializing in Miami truck collision cases before speaking to your insurer: Florida is a “no-fault” insurance state, so you must initially seek compensation from your own insurer, no matter who was at fault for the crash. But your insurer may not always have your best interests at heart. By consulting with a lawyer first, you can understand what your claim is worth and avoid common mistakes that could harm your case while speaking to the insurance adjuster.

What Are the Main Steps in Filing a Truck Accident Claim?

Every truck accident claim is different. However, most cases will follow roughly the same trajectory. The length of each step may vary based on the details of your case, but your legal team should communicate frequently to keep you up to date on developments.

Identify and Assign a Value to Your Damages

A personal injury claim aims to make you whole following the losses you’ve incurred from the accident. These losses may be economic, such as lost wages, property damage, or medical expenses. You may also be able to seek non-economic damages for the loss of your quality of life, pain and suffering, and impacts on your close relationships. Your lawyer will look at the full extent of your damages, gather supporting proof, and calculate the value of your claim.

Determine the At-Fault Parties

One challenging aspect of a truck accident is untangling how the crash occurred and who may be held liable. Depending on the situation, several parties may be named as defendants in the case, including the:

• Truck driver
• Trucking company
• Truck driver training staff
• Repair or maintenance personnel
• Third parties responsible for loading cargo
• Manufacturers of the semi or defective parts

File Your Claim With the Appropriate Insurer(s)

As part of Florida’s no-fault insurance laws, every driver must carry a minimum of $10,000 of personal injury protection (PIP) insurance. Following an accident, the victim must first file a claim against this insurance to cover their damages. PIP insurance will generally cover a maximum of 60% of lost wages and 80% of medical expenses, up to your policy limits.

Unfortunately, the severe injuries that typically result from a truck collision can quickly outstrip PIP coverage limits. At this point, your lawyer must file claims with the at-fault parties’ insurers to recover full compensation. But timing is key. You will want to ensure you have reached the maximum medical improvement level for your injuries so your lawyer can accurately calculate your long-term expenses. Settling too early can lead to financial issues in the future.

Negotiate a Settlement

This step is often the longest but also the most critical. Your lawyer will negotiate with the insurer(s) to reach the most beneficial settlement possible. Insurance companies attempt to protect their bottom line and generally balk at paying the large settlements involved in truck crashes. A determined lawyer can make all the difference in these challenging cases. Your lawyer can also help you explore financial options that allow you to get the medical care you need while you wait for your case to conclude. Nearly all claims eventually result in an out-of-court settlement.

Take Your Case to Court, if Necessary

A personal injury lawsuit may be unavoidable if the insurer refuses to come to a reasonable settlement. Negotiations can keep going even after a lawsuit has been filed and may result in a resolution before your trial begins.

Your lawyer will likely consult experts in several fields, such as accident reconstructionists and medical specialists, to gather corroborative information to support your case in court. After hearing the evidence from both sides, the judge or jury will rule on your case. If either side is unsatisfied with the outcome, they may opt to appeal.

What is the Statute of Limitations on Florida Truck Accident Claims?

In the past, victims of truck accidents had four years from the date of the crash to file a personal injury lawsuit. However, with the passage of the Florida Tort Reform Act 2023, any legal actions founded on negligence that accrue after March 24, 2023, are subject to a two-year statute of limitations. This change significantly curtails the length of time in which a victim can file a lawsuit, making it even more vital to contact a lawyer as soon as possible to ensure you do not lose your right to seek compensation from the at-fault parties. 

Why Hire a Lawyer?

When attempting to recover from a devastating truck accident, the last thing you want is to be locked in a stressful battle with insurers over your claim. It can be incredibly hard for individuals to navigate the web of rules and regulations surrounding personal injury law in Florida. When you contact Galimidi Law, you can rest easy knowing that we will handle every detail of your truck accident claim from beginning to end. We treat every case with the care and respect it deserves so our clients can focus on their health and families. Call 305-692-0125 to schedule a free case evaluation to learn more about your legal rights and options.

For more information on Florida truck accident law, please see:

• A Guide to Truck Accident Liability in Florida
• How Semi-Truck Accidents Are Different From Car Accidents

What Do Motorcyclists Need to Know About Florida’s Lane Splitting Laws?

Lane splitting is a controversial topic among legislators, motorcyclists, and law enforcement. Proponents point to the apparent decrease in motorcycle accidents and injuries related to the legalization of lane splitting in California. Even the American Motorcyclist Association (AMA) has supported allowing lane splitting to promote rider safety.

However, public opinions are still mixed, as many people believe lane splitting can lead to more reckless riding and more crashes.

Despite anyone’s personal opinions on the subject, they are required to follow the rules of the road wherever they are riding. Failing to abide by the law can open you to legal consequences and complicate your civil case if you are involved in a harmful collision. Read on to learn what you need to know about Florida’s lane splitting laws and how they can impact you.

What is Lane Splitting?

When a motorcyclist rides between two lanes of traffic heading in the same direction, it is known as lane splitting. In locations where this action is legal, motorcycle riders may choose to utilize their vehicle’s smaller size to maneuver between cars that are moving slower. Lane filtering is similar to lane splitting but involves motorcycles weaving between lanes of stopped traffic at signalized intersections to reach a location at the front of the line of stopped vehicles.

Advocates of lane splitting and filtering claim that the maneuvers increase safety for riders as long as they exercise caution. It is true that motorcyclists are often in greater danger of injury in stop-and-go traffic because a rear-end collision from an inattentive driver can be devastating. The theory is that by engaging in lane splitting, motorcyclists remove themselves from the direct line of traffic and reduce the potential for impacts. While some studies have shown the possibility that this technique may be effective, opponents argue that it could actually cause more crashes because motorists are not expecting a vehicle in between lanes and may not be able to see an approaching motorcycle when they are changing lanes.

Does Florida Allow Lane Splitting for Motorcyclists?

While lane splitting is commonplace in other countries, California is the only US state to specifically allow all forms of lane splitting. However, Utah has recently temporarily legalized lane filtering to determine if it increases traffic safety. Florida Statutes §316.209 prohibits motorcycles from passing vehicles within the same lane. The law also states that no rider can operate a motorcycle between lanes of traffic or adjacent rows of cars.

Essentially, Florida law treats motorcycles and cars as equals. If a car is not allowed to operate in a particular way, neither is a motorcycle. The main exception to this rule of thumb regards two motorcycles riding side-by-side in the same lane, also known as lane sharing. Lane sharing is legal for motorcycles. However, riding more than two abreast in the same lane is illegal.

What Penalties Can Riders Face for Splitting Lanes?

Engaging in lane splitting in Florida can result in a noncriminal traffic infraction, and you could be given a ticket for a moving violation. Fines for a lane splitting ticket can range from $100 to $500, depending on the location and circumstances. On its own, a lane splitting violation will not result in jail time, but if you are found to be breaking other traffic laws, such as disobeying the speed limit or driving under the influence, you could face much more severe penalties.

What Role Can Lane Splitting Play in a Motor Vehicle Accident Case?

Motorcycle accidents can occur for a wide variety of reasons. While lane splitting may contribute to some motorcycle crashes, it is not one of the top causes for collisions. Speeding, inattentive driving, and operating a vehicle under the influence play a factor in the majority of crashes. If you’ve been injured in an accident that involved lane splitting, it is critical to understand that you may still have a right to compensation if the car’s driver engaged in negligent or reckless behavior.

However, these claims have become more complex with the introduction of new comparative fault rules in Florida in March 2023. Previously, Florida was a pure comparative fault state, and victims could seek damages from the other party in the accident as long as they were not 100% at fault for the crash. Under the new laws, victims are only eligible to file a suit for damages if they are 50% or less at fault for their own harm. Proving the other driver’s fault in a crash can be challenging, particularly if it can be shown that you were splitting lanes at the time the accident occurred.

Consulting with a proven advocate for motorcycle accident claims in Miami as soon as possible after your accident is vital. Your lawyer can investigate the circumstances of the incident and advise you on your options for recovering damages for your losses, including medical expenses and lost wages.

How Can Our Lawyers Assist You?

Although lane splitting is legal in some places, it is currently against the law in Florida. Riders involved in an accident while lane splitting may face an uphill battle to recover damages, even if the car’s driver was speeding or otherwise acting negligently. With Florida’s new modified comparative fault laws, it has become easier for insurers to shift blame onto motorcyclists for these types of crashes.

Retaining the services of a skilled Florida motorcycle accident lawyer is key to protecting your right to recover compensation from the liable party. Contact the offices of Galimidi Law today to schedule a free case evaluation with one of our knowledgeable attorneys: 305-692-0125.

How Can You Recover Compensation After an Accident if You Do Not Have Car Insurance?

According to state statutes, every driver in Florida is required to carry a minimum amount of car insurance before operating their vehicle on the state’s roadways. However, as many as one in five drivers in the state are without coverage, often due to an inability to afford insurance premiums. Situations can also arise where drivers believe they are insured, but they are not. The insurer may have dropped their coverage accidentally or without warning, leaving the driver unprotected.

Regardless of whether you have car insurance or not, other drivers still owe you a duty of care to operate their vehicles safely and within the rules of the road. If they violate that duty through negligent or intentionally reckless actions and cause an accident that results in injury, then you may be eligible to seek damages for your losses.

Unfortunately, due to your lack of insurance, you cannot take the standard steps of filing a claim with your own insurer or PIP coverage. But depending on the circumstances of the crash, you may be able to bring a claim against the at-fault driver’s insurance. These types of cases can rapidly become complex, but a knowledgeable Florida car accident lawyer can explain what you need to know.

What is a “No-Fault” Insurance State?

The US has two main types of auto insurance systems: no-fault and fault. In a state with no-fault laws, such as Florida, drivers involved in an accident must always seek compensation for damages from their own insurance first. Due to this, drivers in no-fault states must carry a minimum amount of personal injury protection (PIP) insurance to pay for medical expenses and lost income they may incur due to a crash.

There are also limitations on an injured Florida driver’s ability to sue the other party for their damages. The injuries suffered must meet a specified severity threshold before the injured party can file a lawsuit.

How Does a Lack of Insurance Impact You in a No-Fault State?

Driving without insurance is a risky decision in any state. You could face criminal penalties if pulled over as an uninsured driver. If you are involved in a crash that was your fault, you could potentially be held financially liable for vehicle damage and injury-related costs exceeding the other driver’s policy limits.

If you suffer a crash in a no-fault state caused by the other driver’s negligent actions, you could still be in a predicament as an uninsured motorist. You cannot take the usual measure of filing a claim with your own insurance. However, you may be able to use your health insurance or the car insurance of the vehicle’s owner (if you are a member of their household) to cover expenses. Filing a claim with the at-fault driver’s insurance may also be an option, but you will need to provide clear evidence of their fault to improve your chances of a successful claim.

What Steps Should You Take Following the Crash?

Insurers sometimes balk at paying claims and may attempt to shift the blame for the accident away from their client and onto you. If you do not have insurance, it is vital that you take specific steps following the crash to ensure that your claim is well-supported. Your decisions after the collision can play a significant role in bolstering the strength of your claim and increasing the likelihood of recovering compensation for your damages. Recommended actions include the following:

Stay at the Crash Site

If you do not have insurance, your initial instinct after an auto accident may be to leave the scene. However, leaving will ruin any chance you may have of recovering compensation. It could also result in severe criminal charges for a hit-and-run, which can result in jail time and fines.

You should always remain at the accident site following a crash and ensure that any injured victims get the medical care they need. Local authorities must be informed of any crashes involving an injury, death, or property damage of $500 or more.

Seek Immediate Medical Care

You should always get a prompt medical evaluation after a car accident, even if your injuries feel minor. Some types of injuries may not be immediately apparent, and the adrenaline spike from the frightening accident may be masking pain symptoms. Getting medical care not only protects your health, but also provides a crucial record of your injuries and links them to the accident. This record will support your injury claim and demonstrate that you took appropriate measures to seek treatment.

Collect Supporting Evidence

If you were not at fault for the accident, taking photos, gathering witness information, and saving any other evidence supporting your claim is vital. You will need this information to prove to the at-fault driver’s insurance that they should honor your claim. It also protects you if the other driver attempts to file a lawsuit against you for their own damages that exceed their insurance limits.

Contact a Trusted Car Accident Attorney

If you have been involved in a car accident and do not have insurance, you should reach out to an experienced attorney as soon as possible to learn about your legal options and discuss your next steps.

Your lawyer can advise you on how to obtain insurance after the crash to avoid significant repercussions, such as a suspension of your driver’s license and fines.

Can a Lawyer Assist You if You Did Not Have Insurance at the Time of Your Accident?

Navigating a Florida car accident claim if you have no insurance can be complex, but a skilled personal injury lawyer can determine the best way for you to proceed.

However, timely action is essential in these cases because filing deadlines can pass quickly, and valuable evidence can degrade or disappear. Our compassionate legal team at Galimidi Law can help you explore all your options for covering expenses after a crash, even if you do not have insurance coverage. Contact our Miami law office today to schedule a free case evaluation: 305-692-0125.

What Do You Need to Know About Florida’s Pedestrian Laws?

Walking is a great way to exercise, spend time outdoors, and save a little money on gas. However, drivers and pedestrians need to be aware of Florida’s pedestrian laws to maintain everyone’s safety and promote a safe flow of foot and vehicle traffic. Every party is responsible for acting according to the rules and taking measures to prevent accidents.

In the unfortunate circumstance that a collision occurs, the success of your personal injury case can hinge on whether you were correctly following the pedestrian safety guidelines when the accident occurred. If you were taking risks or unnecessarily put yourself in harm’s way, your injury settlement may be reduced or denied. Read on to learn more about Florida’s pedestrian laws, or contact Galimidi Law at 305-692-0125 to schedule a free case evaluation with a knowledgeable pedestrian accident lawyer who can address your questions.

Where Can You Find a Listing of Florida’s Traffic Laws Regarding Pedestrians?

Section 316.130 of Florida’s Uniform Traffic Control laws covers pedestrian traffic regulations. For the purpose of these laws, a pedestrian is defined as “any person afoot.” In practice, this definition is usually extended to include individuals in wheelchairs, on skateboards or roller skates, or using foot-powered scooters.

These laws specify who has the right-of-way in different situations. They also outline actions pedestrians and drivers can and cannot take while on the roadways. Two further sections of the law give special regulations for driver interactions with pedestrians who are blind or have mobility impairments.

What Responsibilities Do Pedestrians Have Under the Law?

While pedestrians are provided certain protections under the law, they also share part of the responsibility for preventing dangerous situations and accidents. While pedestrians still risk being struck by a negligent driver any time they are near a street or in a crosswalk, they can lower the probability of a collision by acting safely and predictably. Rules Florida pedestrians must abide by include the following.

Mandatory Sidewalk Usage

It is illegal for a Florida pedestrian to walk in the street if a sidewalk is available. Blocked sidewalks are an exception, and a pedestrian may carefully step into the street to avoid the blocked area but must resume use of the sidewalk as soon as it is practical.

If no sidewalk is present, a pedestrian may walk on the shoulder of the road, facing oncoming traffic. Under these circumstances, the walker should use all common-sense safety precautions and avoid impeding traffic flow.

Adherence to Traffic Control Signals

A pedestrian must follow the guidance of traffic control lights and crosswalk signs unless a police officer is directing traffic. If there are no pedestrian-specific traffic signals, you should follow the direction of traffic lights, just as you would if you were in a vehicle. Crossing when you have a red light is not only illegal, it puts you at risk of being struck by oncoming traffic.

Prohibitions Against Specified Actions

The law also lists many behaviors pedestrians are prohibited from engaging in, such as:

• Crossing diagonally at an intersection.
• Running into traffic.
• Crossing mid-block if there are marked crosswalks present at the intersections.
• Failing to take the most direct path when crossing a road.
• Standing in the road to solicit a job or ride.
• Standing in the way of vehicles that are parking or preparing to park along a street.
• Passing under or around railroad or bridge gates into prohibited areas.
• Jumping or diving from publicly owned bridges.

Who Has the Right of Way?

Drivers and bicyclists must yield the right-of-way to pedestrians who are in or are about to enter a crosswalk on their side of the road, whether the crosswalk is marked or unmarked. Cars must not pass so close to pedestrians that they could present a hazard to the individual, even if they have crossed onto the other side of the roadway. If a vehicle is stopped for a pedestrian in a crosswalk, cars behind them cannot attempt to overtake them. Drivers must also yield to pedestrians on sidewalks and driveways when entering or exiting the road.

Pedestrians should only enter a signalized crosswalk when the “walk” signal is indicated and any vehicles within the crosswalk have exited. If a pedestrian is crossing in an area without crosswalks, they should yield the right of way to oncoming traffic. In urban areas with an overhead or subway crossing nearby, the pedestrian should opt for the safer path, and they will not have the right of way if they choose to cross at road level.

Additionally, Florida drivers are always responsible for exercising due care to avoid a collision with a pedestrian, regardless of where they are in the roadway. This includes giving a warning, such as honking their horn, if a pedestrian is in or near their path. Drivers should take special care around children or obviously confused or incapacitated people near the road to avoid potential accidents.

How Can an Experienced Pedestrian Accident Lawyer Assist You if You’ve Suffered Injuries?

A pedestrian accident can leave you with significant bodily damage and hefty medical bills. Car insurance companies will often try to place all the fault for the accident onto the pedestrian by claiming they did not exercise proper caution or were crossing illegally. While pedestrians should always follow state law when walking near roadways, drivers also have a duty to drive safely and take reasonable actions to avoid striking a pedestrian. Motor vehicle operators and bicyclists can be held liable if they don’t exercise due care when approaching pedestrians.

If you or a loved one have been hurt while walking in Florida, our experienced lawyers at Galimidi Law can provide the skilled legal counsel and advice you need. Contact our law firm today at 305-692-0125 to schedule a free consultation to learn about your rights and options for recovering compensation.

How Can a Thorough Understanding of Florida State Laws Help Prevent Pedestrian Accidents?

With Florida’s beautiful walking weather and the influx of tourists for various events and attractions, it’s commonplace for drivers to encounter pedestrians on the roadways, particularly in urban areas. In order to keep everyone safe and help traffic move efficiently, it’s important for drivers and pedestrians alike to understand the state’s laws regarding crosswalks and the rights of those traveling by foot. Failure to follow these rules can result in hefty fines for drivers and, in the worst cases, could leave a pedestrian with life-threatening injuries. A helpful pedestrian accident attorney can explain what you need to know about Florida’s crosswalk laws so you can walk or drive safely.

What Rights and Responsibilities Do Pedestrians Have When Crossing at a Florida Crosswalk?

Florida statute §316.130 describes state traffic regulations for pedestrians. Pedestrians always have the right of way when crossing at a marked crosswalk. Drivers must stop their vehicles and yield to pedestrians within the crosswalk in their traffic lane. Yielding is also required if the pedestrian is close enough to entering the crosswalk on the driver’s half of the roadway that continuing to drive could place the walker in danger.

Pedestrians also need to exercise common sense when crossing at a crosswalk. They should obey any signals that are present. They cannot cross an intersection diagonally and must stay within the crosswalk. If the crosswalk has no signals, they should avoid stepping into traffic if a vehicle is approaching. Of course, running or darting into traffic in a way that would prevent an oncoming car from stopping in time to avoid a collision is prohibited. The law also forbids pedestrians from stopping or standing in a crosswalk to solicit rides or employment from vehicles.

Is a Driver Required to Wait for a Pedestrian to Fully Exit the Crosswalk?

Florida law requires drivers to yield to pedestrians within the crosswalk on their half of the road. Essentially, if the pedestrian is entering the crosswalk from the sidewalk on the driver’s half of the road, they must wait until the pedestrian is safely onto the other half of the road before they can proceed. If the pedestrian enters from the opposite sidewalk, a driver must prepare to yield as soon as they walk close enough to their half of the road that they could be in danger of a collision. The driver must then remain stopped until the pedestrian has fully exited the crosswalk. Drivers are also prohibited from overtaking another vehicle stopped at a crosswalk because it could endanger pedestrians.

While state law provides detailed information on how drivers should respond to pedestrians in crosswalks, it also gives a general guideline for keeping walkers safe. Namely, drivers should always exercise due care to prevent a collision with a pedestrian, no matter where they are in the roadway. Vehicle operators are also admonished to give extra consideration and space to children and individuals who are incapacitated or visibly confused.

Is It Illegal for Pedestrians to Cross Mid-block in Florida?

The legality of crossing mid-block depends on the locale where it is occurring. Florida statute §316.130(11) states that pedestrians cannot cross anywhere but at a marked crosswalk between adjacent intersections where traffic control signals are in operation.

However, if there are no traffic control signals at the intersections, it is legal to cross mid-block. When crossing outside a crosswalk, the pedestrian must exercise caution and yield the right-of-way to oncoming vehicles. They must also cross at a right angle to the curb or by the shortest route between the two curbs.

What Penalties Can Drivers Face if They Do Not Stop for a Pedestrian Who is Legally Crossing the Street?

Drivers need to stay aware of the presence of crosswalks and pedestrians, especially in busy urban or residential areas. Crosswalks will be marked with a yellow sign and may or may not be placed in conjunction with a stop sign or traffic light. Additionally, pedestrians may be crossing at other points along the street if it is legal to do so.

If a driver fails to properly yield to a pedestrian in the crosswalk on their half of the road, they may be subject to a warning or a moving violation from law enforcement personnel. A fine of at least $164 and three points on their license is the typical punishment for this type of noncriminal traffic infraction. However, if a driver strikes a pedestrian who is legally crossing the street, they can face criminal charges, such as reckless driving. The penalties for hitting a pedestrian may increase if other factors are involved, including driving under the influence, driving while distracted, or leaving the scene after the accident (hit-and-run).

Drivers who have hit a pedestrian could also be subject to a civil lawsuit. Injured victims may seek compensation for medical bills, lost wages, pain and suffering, and emotional distress caused by the accident. If the driver’s actions were particularly egregious, such as intentionally hitting an individual in a crosswalk, the court has the option to award punitive damages to the victim or their family.

How Can a Pedestrian Accident Lawyer Assist You?

Drivers are responsible for driving safely around pedestrians to protect them from harm. Unfortunately, some drivers do not take this responsibility seriously, and pedestrians can end up severely hurt, even if they follow all the rules and cross the road properly. A pedestrian accident lawyer can help you hold the responsible party liable so that you can work toward recovery without financial stressors like medical bills or lost wages keeping you back. If you’ve been injured in a pedestrian accident while legally crossing the road, contact Galimidi Law today at 305-692-0125 to schedule a free consultation and learn about your legal rights.