There are common exclusions that allow insurance companies to deny coverage if the motor vehicle is being used to carry persons for a charge, if the motor vehicle is being used in the automobile business, is the parties are in a fellow employee status at the time of the accident, if the party filing the claim is an employee of the insured or if the person injured and filing the claim is either a member of the insured’s family.  This is not meant to be an exhaustive list but rather examples of some common exclusions. 

There are many other ways that insurance companies deny coverage.  This Daytona Beach Personal Injury Lawyer believes that if you are involved in an accident it is important to become informed and not trust that your insurance adjuster is acting in your best interest.

If the minor is operating a motor vehicle owned and insured by the parent, liability coverage will extend to both the parent and the minor unless the minor at the time of the accident, the child does not reside with the parent.   Therefore,  if a parent signs the drivers license application on behalf of a minor child who does not live in their household, then the parent can be liable for the negligent acts of the minor and not have any coverage under their automobile insurance policy to pay for it.

Parents should also know that after the child reaches 18 then the parents are no longer responsible for the child’s negligent operation of a motor vehicle unless the parent owns the vehicle or is listed as a co-owner.

So make sure that the parent who lives with the child is the one who signs the application so that if the child causes an accident then at least there will be insurance to cover it.  Also, it is a good practice to make sure that the child owns the vehicle that he or she drives individually and in his or her own name.

As a result of the accident, the reckless driver lost his license.  During the course of my represention, the reckless driver believed that I had the power to help him get his license back by signing a particular document.   He came to my office with a story about how he had a young child and he needed to have a license to get to work.  I could not sign the document because what was stated on the ducument was not true.   Therefore, it is my belief that he was an unlicensed, uninsured motorist when he caused a crash months later in which he killed himself and two passengers.  

He was driving late at night and challenged another vehicle to race.  The vehicles drove in excess of 100 mph and the reckless driver ran into a concrete telephone pole.   This person had no respect for his own life or the lives of anyone else on the road.  He left a young child without a father.   These people are driving right next to you on the road.  Be careful,  pay attention and buy uninsured motorist coverage to protect yourself.

There are tests that show that texting while driving is more dangerous than drinking and driving.  States should enact laws that completely ban this behavior.  The state of Utah is taking a stand.    Utah passed the nations toughest law to crack down on texting and driving.  The new law penalizes a texting driver who causes a fatality as harshly as a drunken driver who kills someone.  The Utah legislators believe that texting and driving is a willful act.    While there are issues concerning how the violators will be prosecuted, this Daytona Beach Accident Attorney believes that Utah is on the right track with this issue and Florida should follow suit.

It seems that everyone in Florida has a cell phone.  A vast majority of those cell phones have built in cameras.  A lot of the phones even have video cameras.  If you are involved in an accident and you are well enough to use these cameras, you should do so.  If you are involved in a car accident and someone in the car is severely injured please use these cameras for them.  

Having photographic evidence of the aftermath of a car accident greatly reduces the chances that the event will later be misconstrued. 

Take photographs of the damage to the vehicles.  This prevents insurance companies from later diminishing the severity of the impact.

Take photographs of the other vehicles license plate and VIN number.  Look for the VIN number on the frame of the driver’s door and on the dash near the windshield.   This information will help locate the driver later if he or she is trying to evade you.   You should also take pictures of the at fault driver’s  drivers license card for identification purposes. 

Take pictures of the skid marks on the road and any parts of the vehicles that became dislodged in the accident. 

Take photographs of the entire scene including things that you think are not important.  You do not know what an accident constructionist may later need to analyze the crash.

Take photographs of the people involved in the accidents and any injuries that they may have sustained.

Take videos of any statements made by the other people involved in the crash. 

The more photographic evidence you can collect at the scene of the accident the better. 

For more information about what to do after a car accident go to zqlawyers.com

The report says that the ailing economy is partially responsible for the decrease.  The downturn in the economy has resulted in less motorists on the roadways, less tourists on the road, and drivers traveling at reduced speeds in a effort to reduce fuel consumption.  

The reduction is also due to improved safety features in cars, law enforcement initiatives such as click it or ticket and tougher traffic laws  and penalties for law breakers.  I make my living representing the families of those killed in traffic accidents in Wrongful Death lawsuits.   I see first hand the devisation that traffic fatalities cause and I am proud of Florida for becoming a safer place to driver, regardless of the reason.

Then the two participants started drinking screwdrivers (vodka and orange juice) until they both reached the legal driving limit of 0.08 percent blood-alcohol content.   Car and Driver ran the same test with the participants again.   The results:  both drivers did much worse while texting than while intoxicated. 

To illustrate the difference in reaction times, while driving 70 m.p.h. one of the drivers stopped an average of four feet farther while driving drunk and an average of 70 feet farther while texting.   This test was conducted on a straight road wihout any traffic, road signals, or pedestrians, and they were only looking at reaction times.  Imagine the damage that would be caused in a real life roadway setting.   Imagine driving down your  Interstate 95,  only to be reaer ended by someone who stopped 70 feet to late because of text messaging.   

Seven states have banned text messaging for all drivers: Alaska, California, Connecticut, Louisiana, Minnesota, New Jersey and Washington. The District of Columbia also bans all drivers from text-messaging.   In addition, novice drivers are banned from texting in nine states: Delaware, Maine, Maryland, Nebraska, North Carolina, Oregon, Texas, Virginia and West Virginia.  School bus drivers are banned from text messaging in Arkansas, North Carolina, Texas and Virginia.

Based on the test done in Car and Driver,  every state has laws against driving while intoxicated and this Daytona Beach Injury Attorney thinks that every state should have a law against texting while driving as well.

This is a very serious accident and my heart goes out to the families of all those involved.  It seems that Mr. Marcous’s condition was upgraded from critical to fair.   We can only hope that the others involved will improve as well.  

As an attorney, I also think about the legal ramifications of this accident.   All of the people involved  probably have to work for a living to support their families.   In these hard economic times,  every paycheck that comes into a family is more important than ever.   Mr. Stanton and Mr. Hartung are now in critical condition for an accident that the Florida Highway Patrol said was no fault of their own.   

The Florida Legislature has only required Florida Motorist to carry no-fault of PIP insurance as well as property damage coverage.   There is no law in Florida that requires motorists to purchase Bodily Injury insurance.   This means that it is perfectly legal for people to drive around with out adequate protection to pay for any damage that they cause.     This is a major failing of our State Legislature.   Other states require every mororist to purchase insurnace to pay for the damage that they cause.   I believe that Flordia should be the same way. 

The fact of the matter is that being in critical condition in Orlando Regional Medical Center is an extreemly expensive situation.   There is no telling how long Mr. Staton and Mr. Hatrung   will be unable to work.   I pray that they purchased Uninsured or Underinsured Motorist Coverage, UM for short.   UM covers motorists that are injured and the at-fault driver has litte or no insurance. 

In the case of Mr. Eskander,  it is unlikley that he has enough Bodily Injury coverage to cover the damage that he has caused due to the severity of the injuries.   Anyone who has not purchaed UM insurance, it is very important that you do so.  If you do not know if you have UM then you can fax the cover page of your insurnace policy to me at 386 255 2027 and  I  will tell you.  

All families involved are in for a very difficult time.   My thoughts and prayers are with them . 

Ron Zimmet Jr 

Zimmet and Quarles P.L.  Trial Lawyers

I recently took my three year old daughter to a Central Florida aquatic park for her birthday.  This park has a dolphin exhibit and sells tickets to children who are older than three to have various interactions with the dolphins.   We made our reservations well ahead of time and my little girl was very excited to pet and feed the dolphins.    When the big day arived and we got to the park the employee that was siging us in and taking our money handed my two liability waivers. 

As an attorney, I expected to see a waiver of liability form for this type of activity.    Businesses are always trying to have their customers sign away legal rights in an effort to insulate themselves from lawsuits at a later date.    This liabilty waiver form was a litte different.  I filled out all of the identifying information and read the content of the waiver.   (I strongly recommend that everyone actually read what they are signing.  It seems obvious, but a great number of people sign away valuable legal rights by simply signgin papers when asked.)   After the place for my signature, there was a place for my child’s signature.   At first, I smiled, could they really want my three year old daughter to sign a liabilty waiver?   

My daugher amazes me every day with her intellegence.  I am positive that she says and does things every day that put her well above the curve of a three year old child’s mental ability and development.   I am also positive that my three year old daughter cannot read, nor can she write.    I am not aware of any three year old who can read and write let alone comprehend a liability waiver.  

Underneath the space for my three year olds signature there was a writing that indicated that every child participant must sign regardless of age.   My initial reaction of humor mixed with confusion soon took a turn to disgust.   I asked the employee how she expected my three year old to sign her name when she could not read or write.   She said, “Oh just have her draw me a picture.”    This facitlity wanted my three year old to make some sort of mark on its liabilty waiver that indicated that she read and comprehended the waiver and that her “picture” indicated that she was waiving her legal rights in the event that something terrible happened in the encounter.  

The Florida Supreme Court recetly dicided the case of Kirton v. Fileds (SC07-1739) where it found that parental waivers were invalid and found these waivers to be against public policy.   The Kirton case provides an incentive for child activity providers to maintain a safe environment for their children customers.   Protecting children always is in our communities best interest.  If these businesses know that there will be repercussions if they fail to maintian their businesses in a safe condition for our children, then they will be more likely to take the necessary precautions to keep our children safe.   Owners and operators of business should be held accountable to protect Central Florida’s children from harm due to neglect or worse conduct. 

There is currently a proposed bill in the Florida Legislature  that would negate The Florida Supreme Courts decision in Kirton v. Fields.   If this bill is passed then parents would be permitted to waive any future causes of action agaist activity owners and operators.   I am amazed that the Bill is even proposed, but it would be a travesty if it passed.   

If parents  are permitted to sign liabilty waivers on behalf of their children, then our chidren would be less safe.