Florida Bicyclist Accidents Caused by Distracted Drivers

Unfortunately, Florida has a reputation for having some of the worst drivers in the country. Indeed, according to a recent report, there are almost 15 traffic fatalities per 100,000 people in the state. To give this figure some context, roughly 3,200 people lost their lives as a result of Florida traffic accidents in 2016. While these figures represent all types of traffic accidents, the victims of fatal Florida bicycle accidents represent a sizable portion of those killed each year. It is estimated that by year’s end there will have been a total of 130 people killed in Florida bicycle accidents this year alone. Many of these fatalities are caused by drivers who are distracted by some other activity or otherwise not paying attention...

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The Intersection of Civil and Criminal Liability in Personal Injury Cases

The judicial system in the United States divides all cases into one of two distinct categories:  civil or criminal. However, sometimes a case will end up in both the criminal and the civil court systems. This normally occurs when a defendant’s illegal actions result in either physical injury or property damage to another person. In these cases, the jurisdiction in which the alleged crime occurred is entitled to prosecute the defendant under the criminal laws of the state. In addition, anyone injured by the defendant’s allegedly negligent or intentional actions is also entitled to bring a lawsuit seeking monetary damages. While the same set of actions may end up bringing a defendant to court in both civil and criminal courts, the burdens of proof in each system are different. In a criminal trial, a judge or jury must find the defendant guilty “beyond a reasonable doubt.” However, in...

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Tragic Miami Auto-Bicycle Accident Claims Two Lives

Earlier this month in Miami, two men lost their lives when they were involved in a fatal accident near the intersection of Northwest 12th Avenue and Northwest 54th Street. According to one local news source, the accident occurred at around 7:30 in the evening on a Monday, and it involved a bicyclist and a black Infiniti. Evidently, the driver of the black Infiniti was traveling at a high rate of speed when he entered the intersection. As he did, he collided with a bicyclist. The bicyclist ended up underneath the Infiniti and was dragged for a full block until Northwest 54th Street, where the Infiniti then collided with a tree. Upon the impact with the tree, the Infiniti exploded into a burst of flames. Witnesses to the accident told reporters that several people attempted to hel...

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Florida Supreme Court Holds Accident Victim’s Future Medical Payments Through Medicare and Medicaid Not Admissible at Trial

Earlier this month, the Supreme Court of Florida decided a case that may have wide-ranging implications in many Florida personal injury lawsuits. In the case, Joerg v. State Farm Mutual Automobile Insurance Company, the court held that the defendants were not entitled to introduce evidence of future medical payments that the injured party may receive through Medicare or Medicaid at the trial. The Facts of the Case In the case, the plaintiffs were the family of a developmentally disabled man named “Luke,” who was entitled to reimbursement for his medical expenses and medical bills through Medicare and Medicaid. Back in 2007, Luke was struck by a vehicle while riding a bicycle. Luke’s family filed suit against the driver o...

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