Culpepper KurlandCulpepper Kurland2024-03-07T23:01:25Zhttps://www.ckfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1203746/2020/12/favicon-75x75.icoOn Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=509932024-03-05T18:50:23Z2024-03-05T18:50:23ZMorning rush hour
The morning rush hour in Florida typically occurs between 7:00 a.m. and 9:00 a.m. as commuters head to work and students make their way to school. Major highways such as I-95, I-75 and I-4 experience heavy congestion during these hours. This leads to slow-moving traffic and increased travel times.
Evening rush hour
As the workday comes to a close, traffic congestion in Florida reaches its peak once again during the evening and night. Between 4:00 p.m. and 7:00 p.m., roads become packed with vehicles as commuters head home and tourists return to their accommodations after a day of sightseeing. The National Safety Council warns that driving at night comes with the risk of compromised vision, fatigue and other factors that can make an accident more likely.
Weekend getaways
Weekends in Florida are synonymous with leisure and relaxation. Many residents and tourists are likely to hit the road for weekend getaways. Friday afternoons and evenings, as well as Sunday afternoons, are notorious for heavy traffic as travelers embark on road trips to popular destinations.
Navigating Florida streets, highways and byways can be challenging during peak travel times. Knowing what to expect and how to handle unique driving conditions can help motorists of any background avoid a catastrophic motor vehicle accident.]]>On Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=509812024-01-25T19:54:36Z2024-01-25T19:54:36ZCoverage limits and benefits
Florida requires a minimum of $10,000 in PIP coverage, although you can purchase more. These policy payouts typically extend to 80% of medical expenses related to the accident and 60% of lost wages, up to your coverage limit. These limits directly impact the financial support available in the event of an accident.
Prompt medical attention and PIP
One notable advantage of PIP coverage is its ability to provide swift medical attention. In the aftermath of an accident, the immediate access to medical benefits under PIP can be instrumental in addressing injuries promptly, contributing to a faster recovery process.
Navigating the no-fault system
Florida operates under a no-fault insurance system, meaning that PIP coverage comes into play no matter who is responsible for the accident. This setup streamlines the process, ensuring that individuals receive necessary medical support without the need to establish fault first.
What PIP does not cover
PIP does not cover all damages related to an accident. It does not extend to property damage, leaving your vehicle repairs and replacements uncovered. It may not cover all medical expenses or lost wages beyond certain limits, and there is no provision for replacement services.
PIP notably excludes non-economic damages. This means it will not cover pain and suffering, emotional distress and other long-term quality-of-life conditions resulting from an accident.
Consider additional coverage
Considering additional coverages, such as bodily injury liability, can provide enhanced protection, especially in situations where PIP limits are not enough to pay all of your accident-related costs.]]>On Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=509822024-01-02T20:03:11Z2024-01-02T20:03:11ZRecognizing risk factors
Several factors make slip-and-fall incidents more likely at retirement community pools. First, the surfaces around pools tend to be wet and slippery, especially the tiles and concrete around the pool deck. Add to this impaired mobility and balance issues common in older adults, and the risk of falling increases dramatically.
Poor pool maintenance is another critical factor, as algae buildup and damaged tiles or coping can create tripping hazards. Finally, pools may not have lifeguards, so there may be no one present to assist if a fall does occur.
Recognizing design and maintenance negligence
Pool decks should have slip-resistant surfaces and abundant drainage to reduce standing water. Frequent cleaning keeps surfaces free of algae and debris. Damaged tiles, coping and decking should be promptly repaired. In addition, grab bars, railings and slip-resistant steps/ladders can ease entry and exit to the pool. Finally, property management should maintain proper chemical levels in the pool to keep the water sanitary and prevent algae growth.
Encouraging safety education
Retirement communities need to emphasize ongoing safety education for residents. Water exercise classes can include fall prevention tips. Flyers can remind residents to use grab bars, dry off completely and wear appropriate footwear.
According to the U.S. Centers for Disease Control and Prevention, approximately 8,000 non-fatal drownings occur every year. Many of these incidents likely involved slip-and-fall accidents preceding drowning. With proper awareness and vigilance, retirement communities can reduce risks and help ensure swimming pools remain a place of fun and relaxation for their residents.]]>On Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=509832023-11-30T05:04:35Z2023-11-30T05:04:35ZTiming depends on accident severity and other factors
When auto accidents occur in Florida, state laws require insurers to follow a strict timeline for claims. Once victims have filed a claim, the insurer has 14 days to acknowledge it. The company then has 90 days to make a decision and submit a final payment. This time frame begins once the insurer receives completed proof of loss forms.
Accident investigations have the most significant impact on how long a claim takes to process. Claims with severe or multiple injuries take longer to settle, as do mishaps where it is unclear which driver was at fault. Poor communication between the drivers involved, insurance adjusters, and the insurer can slow the process.
If the settlement takes longer than anticipated, the insurer must explain in writing. Once the case has been resolved, the insurance company will notify you of the payout. You are not obligated to take the first offer, which is often low, and can continue negotiations with the company.
What happens if the settlement isn't enough to cover my costs?
Many insurance companies are notorious for denying claims or not providing enough funds to cover victims' costs, especially when injuries are extensive. If you believe the insurance company has not negotiated in good faith, you can file a bad faith lawsuit to receive a fair settlement amount along with interest and penalties.
In some instances, you may consider filing a claim against the driver who caused the accident. A successful lawsuit in either situation can provide compensation for many different expenses. These include medical bills, rehabilitation costs, lost wages while you recover, compensation for full or partial disability and pain and suffering.]]>On Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=499332023-09-27T19:22:45Z2023-09-27T19:22:45ZAccidents and car rentals
At one time, vicarious liability meant that car rental companies could be liable for injuries caused by their customers under blanket circumstances. In 2005, the passage of the federal Graves Amendment released car rental companies from liability in certain situations. That does not mean the rental company is entirely free from liability in all cases. If the rental company allows an impaired driver to rent a vehicle, the rental company may face a lawsuit if a DUI crash occurs.
Similarly, a rental agency could be liable for injuries caused by poor vehicle maintenance. If the company allows its fleet to fall into neglect and does not fix problems contributing to an accident, expect the rental agency to face a liability claim.
Insurance and auto collisions
When the person renting the vehicle has a personal auto insurance policy, the coverage likely extends to the rental. Therefore, anyone injured in the accident could file an insurance claim with the customer's provider. Those without insurance can buy auto liability waivers from the rental company. This means victims could claim directly from the rental company's coverage after any motor vehicle accidents.
Insurance providers could be challenging, so serious negotiations may be necessary to receive an appropriate settlement. Also, suing above the policy's limits or suing a negligent third party might be worth pursuing.]]>On Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=499312023-09-21T18:13:54Z2023-09-21T18:13:54ZLimited protection
One of the main factors that make tailgating particularly perilous for motorcycle riders is the lack of protection. Unlike car drivers who are relatively safe within a vehicle, motorcycles expose their riders to the elements. When a car tailgates a motorcycle, there is very little room for error.
Braking distance
Motorcycles tend to have a shorter braking distance compared to cars. When a car tailgates a motorcycle, the motorcyclist may need to brake suddenly to avoid a collision or navigate through traffic. If the car behind them is too close, it can be difficult for the driver to stop in time.
Wind turbulence
Tailgating can also create wind turbulence, which can be particularly hazardous for motorcycle riders. When a car follows too closely behind a motorcycle, it disrupts the flow of air around the bike. This turbulence can destabilize the motorcycle and make it harder for the rider to maintain control.
Visibility issues
Motorcycles are smaller and less visible than cars, especially from a close distance. When a car tailgates a motorcycle, it can obscure the rider from the view of other drivers. This increases the chances of a collision when changing lanes or making turns. The Insurance Institute for Highway Safety reports that 6,084 motorcyclists died in crashes in 2021. While this figure stems from a wide range of circumstances, negligence and reckless driving both contribute greatly to the number of motorcycle fatalities each year.]]>On Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=499302023-09-18T17:25:37Z2023-09-18T17:25:37ZStatistics on gender and car accidents
Let's begin by looking at some statistics. Historically, data has shown that men tend to be more involved in car accidents than women. The Insurance Institute for Highway Safety reports 30,747 motor vehicle crash deaths for males in 2021 and 12,051 female deaths. The IIHS also asserts that for nearly every year between 1975 and 2021, male car crash deaths were more than twice that of female deaths.
Biological factors
Biological differences between men and women can partly explain this trend. Men, on average, have higher levels of testosterone associated with risk-taking behavior. This inclination towards risk-taking can sometimes lead to more aggressive driving styles among men, such as speeding and reckless maneuvers.
Driving habits
Driving habits and behaviors play a significant role in accident rates. Men tend to drive more miles on average than women, which can increase their exposure to potential accidents. Additionally, studies have indicated that men are less likely to wear seatbelts compared to women.
Occupational factors
Occupation can also influence the likelihood of car accidents, and certain jobs may have a higher proportion of male workers. Jobs in transportation and construction often involve more time on the road, which can increase the probability of accidents.
While both men and women are equally capable of either driving safely or negligently, it remains the case that more men suffer injury or death in car accidents.]]>On Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=499292023-09-18T17:21:27Z2023-09-18T17:21:27ZHeavy rain
Sudden downpours can reduce visibility and make roads slick, increasing the risk of hydroplaning. Flooding is another hazard, causing roads to become impassable and stranding drivers. To stay safe, slow down in rainy conditions, keep a safe distance from the car in front of you, and avoid driving through flooded areas whenever possible.
Foggy conditions
Fog can roll in unexpectedly, drastically reducing visibility on the road. To navigate safely through foggy conditions, use your low-beam headlights, reduce your speed and avoid using high beams, as they can reflect off the fog and make visibility even worse.
Construction zones
Florida's highways are frequently under construction, leading to lane closures, detours and reduced speed limits. Pay close attention to signage and follow reduced speed limits in construction zones.
Aggressive driving
Aggressive drivers are a concern on roads all across the country. Tailgating, speeding and weaving between lanes can lead to accidents. Avoid engaging with aggressive drivers, and instead, let them pass safely.
According to preliminary data from the Florida Department of Highway Safety and Motor Vehicles, there were 162, 945 injury crashes in the state throughout 2022. Poor road conditions contribute significantly to this figure.]]>On Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=499272023-08-30T23:01:17Z2023-08-30T23:01:17ZWhiplash
According to Transportation Safety and Environment, 90% of rear-ended crashes at speeds less than 15 mph result in whiplash. This occurs when there is a forceful jerking of the head back and forth, causing strain to the neck muscles and ligaments. Symptoms like neck pain, stiffness and reduced range of motion may not appear until hours or even days after the accident.
Concussion
A concussion is a type of traumatic brain injury that can result from a blow to the head during an accident. Symptoms, such as headache, dizziness and confusion, might be immediately noticeable. However, cognitive issues and emotional changes may show up later.
Internal injuries
Internal injuries are not always evident right away, especially if there are no external signs of trauma. Watch out for symptoms, such as abdominal pain, swelling and bruising, which could indicate damage to internal organs.
Back pain
Back pain can be a delayed consequence of an accident, particularly if there is damage to the spine or soft tissues. Symptoms might include persistent back pain, numbness or tingling in the limbs and difficulty moving. Such symptoms may develop as the body's inflammatory response sets in, which can take time.
Psychological distress
Not all injuries are physical. Psychological distress, such as anxiety, depression or post-traumatic stress disorder, can also appear hours or days after an accident. Witnessing or experiencing a traumatic event can impact mental well-being, and these emotional symptoms might become more evident as time passes.
After an accident, even if you do not immediately feel injured, keep an eye out for any changes in your physical or emotional state. If you notice any delayed symptoms, consult a medical professional for proper evaluation and guidance.]]>On Behalf of Culpepper Kurlandhttps://www.ckfirm.com/?p=499262023-08-02T02:56:38Z2023-08-02T02:56:38ZThe duty of care
Premises liability cases revolve around the theory that property owners have a duty of care toward their guests. In other words, they must take reasonable steps to ensure that their properties are free from hazards such as wet floors, insufficient lighting or cracks in the sidewalk. You should know that you also have a duty of care to watch out for hazards and avoid them if possible.
Identifying the defendant in your case
Typically, the person who owns that property where you were hurt is responsible for ensuring your safety. However, if the owner cedes control of the property, the person who is using it when you are hurt may be a defendant in your premises liability case. For example, a tenant who leases a home may be liable for your injuries incurred after slipping on an icy driveway.
Accidents on public property
It's possible that a public sidewalk will be located near a private business. In such a scenario, you may need to take action against the government as opposed to the private entity. Understanding this is important because you may have less time to take action against a government agency compared to a private company.
If you are hurt while shopping, dining or visiting a friend's home, you may have grounds for a lawsuit. Florida law typically gives you four years from the date of an accident to file one. However, you can still pursue a settlement, which may take anywhere from a few weeks to a few years to obtain.]]>