Kemp & Ruge Law Group: 2013

Tuesday 13 August 2013

Hillsborough County Accident Fraud Ordinance Takes A Hit

If you live in the Tampa Bay area, you know about our accident fraud problem. You may have seen pain clinics pop up overnight only to be shut down shortly thereafter. Perhaps, you sought treatment at a pain clinic after a legitimate car accident, only to realize the place you walked into had a distinct "pill mill" feel to it. Or, if you have not had any firsthand experience, I bet you have noticed it every time you have had to make an ever increasing auto insurance payment.

Florida is the nationwide leader in accident fraud, and many see Hillsborough County as the epicenter. Over the past few years, Hillsborough County Commissioner, Kevin Beckner, has launched a legislative assault on accident fraud by passing ordinances designed to curtail the cash flow of the fraudulent activities, i.e. the pain clinics. However, this past Friday, August 8, 2013, the Second District Court of Appeals upheld an injunction stopping the Commissioner Beckner's most stringent ordinance. In this post, Kemp & Ruge Law Group will discuss the ordinance, why the court upheld the injunction and what can be done about the ordinance at this point, but before we begin, let's briefly discuss how pain clinics operate.

This is how a typical pain clinic scam works: someone will stage a car accident, report to the police officer who arrived that he suffered several injuries, then he will go to a clinic (that is also in on the scam), and the clinic will verify all of his professed ailments. When the insurance company sends the clinic the money for his treatment, the clinician and the person who staged the accident split the insurance money, and move on to the next scam. (For more detailed analysis of how these scams work and how much they cost, check out our previous post on the topic here).

Obviously, something had to be done to crack down on this pernicious circle of fraud. Commissioner Beckner, along with the Hillsborough County Sheriff's Department and National Insurance Crime Bureau all played a part in developing the ordinance passed back in September of 2011. The main requirements of the ordinance were as follows:

1. Operators of certain health-care clinics needed to obtain a county license (this was in addition the the state license that is already required)

2. They had to offer proof they were associated with a board certified medical doctor.

3. They were forbidden from employing convicted felons on any level of employment.

4. They had to submit to random inspections.

Though these requirements may seem stringent, (to some) they were a targeted attack at a costly crime that has run rampant in this area for far too long. In addition, despite these requirements, over seventy pain clinics obtained licenses from Hillsborough County before the original injunction was passed in January of this year.

However, despite the backing of local law enforcement, the insurance industry and a decrease in staged accidents in the area, the Second District Court of Appeals upheld the injunction. The Second District did not issue a written ruling, therefore, supporters of the ordinance do not have any other judicial remedies at this point. As Rob Brazel, county managing attorney of the litigation division attests, "where they do that, there is no further avenue to go, to the state Supreme Court or anyplace else." Because there is no written opinion, we can only speculate as to why the Court upheld the ruling.

The Plaintiffs in this case (the pain clinics) argued that Hillsborough County was not playing fair with the licensing requirements. The point of the ordinance was to curtail accident fraud, but many of the plaintiffs were denied licenses due to issues that had nothing to do with accident fraud. Some claimed they were denied because of sexual harassment claims or drug abuse problems. Further still, many of the offenses occurred decades ago, and since then, made amends for those transgressions with the state licensing board. Thus, it was not under the purview of Hillsborough County to punish them further.

While these arguments probably held some sway with the Court, perhaps the most important issue is two-fold. Not only does the ordinance pre-empt state law regarding who can have these licenses and who cannot, but it also imposes a different standard for pain clinic practitioners in Hillsborough County versus any other county in Florida. Regardless of however well-intentioned the ordinance was, this was (most likely) seen as an undue burden to everyone that had already received a license to practice under state law.

From here, Commissioner Beckner has a long fight ahead of him. The ordinance must be amended in order to remove the injunction, however it is not clear exactly how it must be amended to please the Court. In addition, the only way the ordinance can be amended is with county commission approval. Furthermore, it will be difficult to see how an amended ordinance that does not pre-empt state law will also have the "teeth" necessary to crack down on accident fraud. For now, the injunction is firmly in place and we will all wait to see what happens next in the long, arduous fight against accident fraud. Rest assured, as soon as any new developments occur, we will let you know.

As always, if you or someone you know has been an accident or a victim of someone else's negligence, do not hesitate to contact us today. (877) 941-4878, Email or check out our website's FAQ's for video answers to our most popular questions.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.

Friday 9 August 2013

The Lawsuit Lottery Myth

Winning a major lawsuit is not a golden parachute into early retirement. Ever since the famous McDonald's coffee suit in the early 90's, media outlets have blitzed our televisions, radios, newspapers and internet with stories of everyday people getting awarded millions of dollars for suffering personal injuries. Many of the stories downplay the severity of the injury those people suffered or, even worse, the lawsuits are fictitious. If you have ever heard of the Stella Awards, (awards given out for the most outlandish and frivolous lawsuits each year) you know exactly what we are talking about. Of course, upon further review, many of the Stella Awards are either exaggerated or completely false. (See Stella Awards Debunked).

Granted, just because a number of these claims are exaggerated or fictitious, does not mean large awards are not given out to people who suffer injuries. In this post, we will discuss the murky topic of how damages are calculated, so you have a better understanding of how this process works. Then, the next time the media throws around its newest "exorbitant lawsuit" story, you will have more insight into the topic.

If you suffer an injury due to the negligence of someone else, you can seek to recover damages from the at-fault party. The point of recovering damages is to make you "whole again" or, in other words, to return you to the position you were in before the injury occurred. Unfortunately, our legal system has no way to 100% make someone "whole again." For example, if your hand is permanently injured, the Court cannot award you a new hand to replace the injured one. What the Court can do is award you monetary compensation to best offset your current state and to help you rehabilitate the injury as best as possible.

How to calculate the amount of compensation involves a number of factors. Some of these factors include: pain and suffering, current medical bills, past medical bills, past medical history and future lost earnings.

How do these factors play out? This is the part where having a qualified, experienced attorney is key. Which factors play out for maximum impact has a lot to do with how they are presented by your attorney. However, for a simple analysis, consider an example of a carpenter and a radio personality. If both of these people lose their hand in an accident, and all the other factors between the two men are the same except their professions, the carpenter is more likely to receive more compensation. Why? Because, the carpenter can no longer work at his chosen profession. His future earnings will be decreased far more than the radio personality, who does not need both hands for his profession to the extent the carpenter does.

In addition to future lost earning, medical bills play a major role in the calculation. For many high dollar

awards, a significant portion of the award goes to cover medical bills, past and future. After all, surgeries are not cheap. If you need seven surgeries to repair your hand, that in itself, could be $500,000 or more. Thus, when you are reading in the newspaper about someone being award a $1.5 million dollar settlement, know that a large portion of that money is already allocated to expenses for treatment incurred while the case was going on and for whatever future treatment is necessary. It is NOT go out and buy a yacht money. Bottom line: if you are hearing a story about the average Joe getting millions in a lawsuit, chances are, he probably got hurt real bad. Trust us, for most people, you do not want to be in his shoes.

If you or someone you know has been injured due to someone else's negligence, especially if it is a serious injury, you should definitely contact us. Kemp & Ruge Law Group has experience with large, high profile cases where we have won clients over $1,000,000 awards. Just as importantly, we bring the same experience, tenacity and helpfulness to our clients with much smaller claims. If you are hurt, we will fight to make it right. Call us: 877-941-4878, Email us or check out a FAQ page for easy to find tips.

If you are even thinking about hiring an attorney for your personal injury case, please consult with an injury attorney. Click here for your: Pasco County Personal Injury Attorney, Hernando County Personal Injury Attorney, Pinellas County Personal Injury Attorney, Hillsborough County Personal Injury Attorney, Tampa Personal Injury, Clearwater Personal Injury Attorney, Land O' Lakes Personal Injury Attorney, Lutz Personal Injury Attorney, Odessa Personal Injury Attorney, New Port Richey Personal Injury Attorney, Spring Hill Personal Injury Attorney, Tarpon Springs Personal Injury Attorney, and Palm Harbor Personal Injury Attorney.

Tuesday 6 August 2013

Why Your Doctor Won't Treat Your Car Accident Injury?

Summertime in Florida conjures up some of the best memories one can have: grilling out, backyard sports and long days at the beach. However, inevitably, the occasional "can't believe that happened" moment enters our mind as we recall that time, "Uncle Johnny singed his eyebrows when his Weber flared up, Cousin Mikey sprained his ankle leaping for the oak tree pylon, and Lil' Susie stepped on an ornery stingray when she forgot to shuffle her feet." Summertime injuries are just part of the "give-and-take" of enjoying the wonderful weather and sunshine we have. Plus, when we get injured, most of us just go to our family doctor to get all fixed up, and it is no big deal. This is the pattern most people are comfortable with when it comes to getting injured. They get hurt, they visit their doctor, they get better. However, this pattern no longer applies if the injury was sustained in a car accident.

After sustaining a car accident injury, several people are bewildered to find out their family doctor, who they have gone to for everything from sniffles to broken bones, will not treat them. Car accidents are stressful enough without the added burden of having to find another physician, not to mention the fact that, most people do not even know why they are being refused in the first place. Kemp & Ruge Law Group understands the frustration and confusion this causes, so we want to explain some of the reasons why this happens and what to expect.

Why Your Doctor Will Not Treat You:

Though you may have a great rapport with your family doctor, it is usually better for BOTH of you to go to a physician who specializes in car accidents. Physicians who specialize in car accidents not only know how to treat your injury, but they understand how to document it and bill the auto insurance companies. While getting healed is your first priority, as attorneys, we can not stress how important it is to make sure all of your injuries are documented correctly. By "documented correctly" we mean, photographs, statements, timely treatments, etc, and they are essential to ensure you get the best possible outcome if you bring a case against the at-fault driver or his insurance company. Your average family doctor does not have experience with this level of documentation, and therefore may miss an important piece of documentation you need.

Another reason your family doctor may refuse to treat you has to do with litigation. Sometimes car accident cases cannot be settled and going to trial is inevitable. At that point, the family care doctor may be subpoenaed to testify or, at the very least, get deposed by the two litigating parties. A family care doctor (generally) is more used to treating colds, stomach pains and twisted ankles, than testifying in open court. Plus, this whole process can be very time consuming for him, and in turn, very costly because he cannot see his usual patients. Therefore, family doctors gladly pass this responsibility onto the physicians who specialize in car accident injuries, because they ARE familiar with the whole legal process and will (most likely) present a better case for you.

Finally, the last reason involves billing. Your family doctor is used to billing health insurance companies. However, if you are in a car accident, they need to bill auto insurance companies. It may not seem like a major change to the average person, but it is substantial. There are different forms, rules, regulations, stipulations, limits, co-pays, and the list goes on. Thus, your family doctor, who is (most likely) unfamiliar with the auto insurance company's way of billing would rather refer you to someone who knows how to do it. Hence, another reason there are physicians who specialize in car accidents.

Thursday 11 July 2013

Mud Racing Waivers

Tough Mudder, Spartan Race, Savage Race, Warrior Dash, and a variety of other obstacle courses through mud, fire, electricity, water and basically anything else the race creators can come up with are sweeping the nation. And, if you live in beautiful, warm and sunny Florida, then you know, we are a prime target for multiple mud races throughout the year. In fact, for the second year in a row, Kemp & Ruge Law Group will be sponsoring the Pasco Pediatric Foundation’s Filthy Fun Run on November 23rd, so we have the bug too! However, as much fun as running through mud, trekking through water and pushing your body to the absolute limit (if you are so inclined) can be, we are still attorneys with a duty to our community to address some legal concerns over these events.

Obviously, since we are sponsoring one of these races, we definitely support the “healthy mind, healthy body” lifestyle these activities promote. With that being said, there still are some important legal issues that could arise if you choose to participate in any of these races. The chief concern is Personal Injury (something we know a lot about).

First and foremost, before any brave soul lines up to start these events, the courses have been being constructed for several days, and in some cases weeks. They are engineered and tested with a keen eye to protecting the safety of all race day participants. In addition, they also usually have medical personnel on site, as well as volunteers and staff, to watch out for any injuries or unsafe conditions that might arise. However, despite this level of caution, almost all of these race require the participants to sign a waiver in the event they are hurt on the course.

Many people falsely assume that these waivers excuse the race hosts from all (or most) legal liability. Other people falsely assume that the waivers have no legal weight whatsoever and therefore anything that happens to them on the course is entirely the fault of the race hosts. Where a court might rule on this issue depends on a variety of specific factors that would have to do with an ACTUAL injury. Therefore, we cannot broadly speculate what would happen one way or the other. However, what we can do is give you some perspective on how issues like this (and they come up fairly often) are generally looked at in our legal system.

In determining whether or not a waiver can be used as a shield to protect the race hosts, much has to do with

the “reasonableness” of how the waiver was written and the cause of the person’s injuries. For example, it is not reasonable for a waiver to “excuse the race host for any injury whatsoever regardless of whether or not they inspected the race course, used shoddy materials, hired untrained medical personnel or for any other reason not stated in this waiver.” This type of waiver is far too broad, and though it is not definite that a court would throw this out, it is highly unlikely it would hold up in court.

In addition, even if a more narrowly tailored waiver is presented to the court and the court upholds the language of that waiver, it still may not shield the race hosts from legal responsibility. For example, if during your race, you run through an electroshock field (one of the more popular events, where runners experience a small, but definite shock as the crawl under wires) and the voltage was turned up to an almost lethal level. You suffer massive injuries, and some runners (with no prior health concerns or extenuating circumstances) actually are electrocuted. In a situation like this, the race hosts would (almost) certainly not be able to use their waiver to protect them from impending litigation.

While these are somewhat far fetched examples, we hope they illustrate a point: just because you signed a waiver, does not necessarily mean you waive your rights. If you are injured in an event like this or any event where you are told “you have no legal recourse because you signed a waiver” contact Kemp & Ruge Law Group. Call us Toll Free: 877-941-4878 Let us take a look at your situation and see if we can help.

If you are even thinking about hiring an attorney for your personal injury case, please consult with an injury attorney. Click here for your: Pasco County Personal Injury Attorney, Hernando County Personal Injury Attorney, Pinellas County Personal Injury Attorney, Hillsborough County Personal Injury Attorney, Tampa Personal Injury, Clearwater Personal Injury Attorney, Land O' Lakes Personal Injury Attorney, Lutz Personal Injury Attorney, Odessa Personal Injury Attorney, New Port Richey Personal Injury Attorney, Spring Hill Personal Injury Attorney, Tarpon Springs Personal Injury Attorney, and Palm Harbor Personal Injury Attorney.

Friday 7 June 2013

Why You Need Bodily Injury Liability Coverage

As an attorney who specializes in car accidents, I get asked all the time about auto insurance. What is the best policy to get? How much should I spend? What do all the different terms mean? While Kemp & Ruge Law Group does not support one auto insurance company over another, nor can we put dollar amount on what is best for every individual and family, we can explain what the different terms mean. In previous posts we discussed uninsured/underinsured motorist coverage in “Why You Should Get Uninsured/Underinsured Motorist Coverage” and Personal Injury Protection (no-fault insurance) in “Updates On Personal Injury Protection (P.I.P.) In Florida.” Now, we will explain discuss Bodily Injury Liability Coverage (B.I.)

Of all the main insurance terms, B.I. is the one that most confuses people and with good reason. Most insurance coverage is designed to protect the person buying the insurance coverage. For example, when you buy health insurance, you buy it so if you get sick, you can go to the doctor to get better. You do not buy health insurance, in case you get someone else sick, so he can go to the doctor. However, B.I. is purchased precisely so that if you are driving on the road and cause an accident, your insurance company will pay (at least up to the limit of your policy) for the injured party or parties to get medical attention.

Now, do you have to purchase B.I. to drive an automobile in Florida? No…with exceptions. If you have been convicted of Driving Under The Influence (DUI), then according to Florida Statute 324.023, you are required to carry B.I in the amount of $100,000 per person and $300,000 per accident. You would then be required to carry that for 3 years after you get your license back. But, if you have not been convicted of a DUI, then no, you do not HAVE to get B.I. However, we are here to propose two great reasons why you should.

1. It does not matter how fantastic and careful of a driver you are. We ALL make mistakes. It would be nice if all mistakes were made at low speeds when no other cars were around, but life is not like that. Accidents happen everyday on 275, 1-4, 54, and basically any other major road you could think of around here. Most of the accidents were someone’s fault, and most of the at-fault drivers probably thought they were incapable of making a mistake, too. If those drivers that caused the accident did not have B.I. to cover the costs of the other drivers’ injuries, then the injured drivers can go after the at-fault drivers’ assets. They can go after your business, investment property, stocks, etc. So much of what you worked so hard for could be gone, just because you didn’t want to pay a few extra dollars every six months.

“AHA” you may think to yourself, “but I don’t have any assets, so I will keep my extra few dollars.” Unfortunately, you are still not off the hook. The Florida Financial Responsibility Law requires that an at-fault driver that causes personal injury in an automobile accident must provide at least $10,000 per person and $20,000 per accident. If you do not have B.I., and you do not have the money to cover it out-of-pocket, then you could lose your license. Granted, if you do not care about money, and do not care about driving, there is still ONE more reason you should get B.I. Do it...for your health.

2. As we discussed in an early post, uninsured/underinsured drivers are everywhere. If one of them hits you and causes severe damage, you (most likely) will not be able to pay for the treatment or spend years trying to paying off medical bills. What does this coverage have to do with B.I.? Everything! You cannot get uninsured/underinsured motorists coverage WITHOUT first getting B.I. If you want to protect you and your family from other people’s negligence, you also have to protect other drivers from you and your family’s negligence.

The Kemp & Ruge Law Group sincerely hopes all of you that have read this that do not have B.I. will head to the phone and call your insurance agent to get it. For those of you that already do, you made a great choice in protecting yourself, your family, and your community; it’s a win-win-win! As always, if you or someone you know, has been in an accident or has questions for us, contact us today or just leave a comment. We will get back to you as soon as possible.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.

Thursday 6 June 2013

Singe Parenting: The Bright Side

How often have you ever heard someone say “we (or my parents) would have got divorced years ago, if it was not for the children?” Whether it’s a parent saying this or a child expressing something similar, many spouses refuse to get a divorce for this reason. Granted, there are legitimate reasons for this justification. According to a number of studies, children require instruction and influence from both parents. However, as ideal as a two parent home might be, it is just not practical or healthy for everyone. When you consider that an estimated 12.2 million single parent homes exist in this country, 80% oh which, are headed by single moms, single parenting is no longer the outlier that it used to be. Yet, many people are still afraid to get a divorce, even if their relationship is a damaging one, because they are not sure they can handle single parenting. A recent article in the Huffington Post argued that divorce and single parenting can come with some perks, as the Kemp & Ruge Law Group blog is going to expound upon for you.

1. Child-rearing: As children get older, their parents are faced with more-and-more difficult decisions on how to raise them, what morals they want to instill, what schools they want them to go to, etc, etc. Consider some very simple examples. Dad wants his son to play baseball, but mom wants him to take piano lessons, but they only have money for one activity. How do they make that decision? Granted, they could sit down, compares notes, and calmly discuss all sides, but we ALL know that doesn’t always happen. Now, let’s say the two parents could come together on the baseball vs. piano problem, but what if the father is of one religion and the mother is of another. Several couples do not really factor this in when they get married, but once they have kids it becomes an issue. No matter how well they communicate as a couple, this issue is a difficult one and can lead to lots of confusion and problems for your children. However, if you are a single parent, (and situations like this are not stated in your settlement agreement) then, you do not have to worry about any of these situations. There is no back-and-forth, there is no “do one thing with mom” and “do another thing with dad.” All you have to do as a single parent is to be consistent in your decisions and your judgments with your children. It is a task much easier to do when you are by yourself.

2. Character: As a single parent, consider the tremendous impact you can have on your instilling in your children a strong sense of independence. It is one thing to just talk to your kids about being independent, but everyday you go to work AND cook dinner AND clean the house AND run all the other errands AND do it again the next day for years, you are showing them strength. You are showing them what it means to achieve something great without needing to rely on others. Also, because your children will grow up knowing that they can make it on their own, because you showed them how and led by example, they will probably not rush to “be in a relationship, just to be in one.”

The Kemp & Ruge Law Group would like to salute all the hard working single parent families out there in our community, and we wish them the best. If you or anyone you know is considering the single parent road as an option, contact the Kemp & Ruge Law Group for a free initial consultation. We will treat you with the respect, dignity and privacy such delicate situations command.

Monday 3 June 2013

Traffic Cameras Creating Dangerous Problems

The understated, yet considerable change to Florida's rules about traffic signals now offers local metropolitan areas and counties the ability to change traffic lights (specifically lights with traffic cameras) below national minimums. Or, in other words, the state and local government can now manipulate the length of a yellow light to ensure more tickets are given out, and in turn, more revenue for these governments.

In order to fully understand the degree of money at stake here, let’s look at some real numbers. In 2012, traffic cameras brought in about $100 million dollars from motorists and put it in the hands of the state, local governments, and the camera companies that operate them. From that breakdown, the state received 52.5% of the revenue, with the rest of the money being split amongst the other parties listed above. Fast forward to 2013, and there is no sign of a slowdown whatsoever. In fact it is just the opposite. The traffic camera fines are expected to increase to $120 million…that’s a 20% increase! So just how did the FDOT go about making this change?

It all started in 2010 with the Mark Wandell Act. This Act regulated how the FDOT would measure the length of a yellow light. It was to be measured on 85% of the speed limit for that area OR 85% of the actual speed for the area (and this is the important part) WHICHEVER IS GREATER. Meaning, whichever one of those two formulas mentioned above created the longer yellow light…that was the formula the FDOT was supposed to use. However, in 2011, the FDOT struck the phrase “whichever is greater” from its engineering manual and opened the door for what we have now. Unfortunately, even if this move by the FDOT, the state and local governments, and the camera companies was not a money grab, and instead, a move to make Florida safer, it is not actually helping with that either.

Consider the following guidelines from the United States Department of Transportation and the National Highway Association; they are guidelines Florida is not following. When calculating yellow light length, “cities should not use speed limit in the yellow interval equation because it results "in more red light violations and higher crash rates." Instead, the average speed of the drivers during that particular time of day should be what is used to calculate the number. If that is not possible to determine an average, then its recommended engineers use the "speed limit plus 10 mph" variable to produce more conservative, and safer, yellow intervals. If anything, the USDOT and NHA are pushing for longer yellow lights, whereas Florida lawmakers are drastically shrinking them.
Are you worried you might be in an area with too short of a yellow light? Well, according to Channel 10 News, below is a list of intersections to look out for:

• Port Richey, New Port Richey, and FDOT collaborated to reduce yellow light times along U.S. 19 from 4.5 seconds to the bare minimum, 4.3 seconds.
• An FDOT analyst instructed New Port Richey to reduce its yellow light interval for the Main St. RLC (at U.S. 19) from 4.0 seconds to the bare minimum, 3.0 seconds.
• Hillsborough County shortened the yellow interval on Bell Shoals Road (at Bloomingdale) in Valrico from 4.0 seconds to the bare minimum, 3.6 seconds.
• Tampa has yellow lights below the state's 4.0-second minimum for 45mph zones at Hillsborough/Nebraska and Adamo/50th. Those RLC intersections turn red after just 3.9 seconds; city engineers claim the complex yellow light formula allows them to go below the TEM minimums.
• St. Petersburg had yellow intervals that were shorter than FDOT minimums, but alert resident Matt Florell pointed them out and the city fixed them. Florell said thousands of citations were issued inappropriately, while a city engineer said four intersections had slight "malfunctions," where the yellow lights were only off by 0.1 seconds. Either way, ticketed drivers were not notified of the issues and no refunds were offered.
• Oldsmar had a similar issue, where its intersection at Tampa Rd. and SR-580 (State St.) was improperly timed. The yellow light was just 3.0 seconds instead of 4.3 seconds. When the problem was addressed last fall, citations plummeted by 90 percent. But no notices, or refunds, went out to ticketed drivers.

Remember to be extra careful around these areas. No one wants to run a red light or pay a fine, but an overaggressive slamming on of the breaks could cause an even worse outcome. And, remember, as always, if you or someone you know has been in a car accident or is in need of legal advice, do not hesitate to contact The Kemp Ruge Law Group for help.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.

Wednesday 29 May 2013

Texting While Driving Ban Becomes Law

It may have taken six years, but it’s official, Florida is now the 40^th state to pass some sort of texting while driving ban. The ban passed into law yesterday, May 28^th, 2013 when Governor Scott signed the bill in Miami. Last month, our Kemp & Ruge Law Group blog discussed the details of the bill, the potential roadblocks it might have to passage and its many pros and cons. Come October 1, 2013, the new law will be enacted, so let’s take a look at what it will entail, and how the new law has been received.

First off, the texting while driving ban is a misnomer at best. There are several exceptions built into the law, but before we address them, let’s focus on what the law will penalize. If the driver is texting while his or her vehicle is in motion, AND the driver is committing another traffic violation (like speeding) then the police may issue the driver a ticket for violating the new law. The fine starts at $30 for the first offense, but then jumps to $60 for the second offense, provided the second offense occurred within 5 years of the initial offense.

In addition to the relatively small fine, the new law only bans texting by the driver while the car is moving. Therefore, the driver can still text at red lights, stop signs, and if they pull off to the side of the road, they can text there, as well. In addition, the driver can still talk on his phone while driving at all times, and passengers are not subjected to putting their phone down at all. So considering that the fine is a secondary one (can only be issued in conjunction with a primary offense like speeding) and the fine is a relatively low amount (even for the teen demographic the law is aimed at) should supporters of banning texting while driving have any reason to smile about what just passed?

The answer is yes. For most supporters of the ban, they are not viewing this as the end of the fight against texting while driving, but rather a first step, and an incredibly important one at that. Michele Harris with AAA Auto Club Group Tampa knows that Florida lags behind other states that have banned all cell phone usage in the car. While she would like to see Florida toughen up to our fellow states’ standards, she has stated that AAA Auto Club Group of Tampa will support any effort to make our roads safer.

In addition to Ms. Harris, Steve Augello of Spring Hill is not the least bit deterred by the relatively weak provisions of the bill. He started his work on this ban about five years ago after his teenage daughter was killed in a car accident that was believed to be related to texting while driving. He has traveled to Tallahassee repetitively to meet with legislators, lobbyist, and deliver speeches in effort to save lives. Though he is happy with the progress made so far, he has vowed “my job’s not done. I’ll be back in Tallahassee next year to fight for a stronger law.”

Friday 10 May 2013

Why You Should Get Uninsured/Underinsured Motorist Coverage?

For a lot of people in Florida, auto insurance is a “necessary evil” one must purchase. And, if you live in Hillsborough, Pasco, Hernando, or Pinellas County, life without a car is a tough one to say the least. So what do you do? You get the auto insurance! However, many people just get the cheapest one they can find. Unfortunately, cheap auto insurance is cheap because it covers very little. This fact, in and of itself, does not scare many drivers, because a lot of them use the rationale “I’m a great driver. I don’t speed. I don’t text and drive. I don’t drink and drive. And, I ALWAYS pay attention. If I am ever in an accident, it’s going to be someone else’s fault and the at-fault driver’s insurance will cover it.” So it begs the question, why in the world would I ever spend extra money on uninsured/underinsured motorist coverage? Well, the Kemp & Ruge Law Group has the answer. We will explain why this coverage is vital to protect yourself from both uninsured AND underinsured drivers.

Uninsured Drivers:

Uninsured drivers are not just in the rural areas by the citrus groves and tomato fields anymore. USA Today estimates one in seven Florida drivers does not have auto insurance, while the Sun Sentinel estimates as high as one in four. Consider those numbers for a minute, and just to be conservative, let us say it is only one in ten drivers that do not carry auto insurance. Remember the last time you were stuck at a red light, how many cars did you see? At least ten, right? And that was just ONE red light. Compound that over your daily commute the number of uninsured drivers starts to look a lot more dangerous. Even worse, the estimates from USA Today and Sun Sentinel are just estimates for uninsured drivers. This means that there are even more drivers that could potentially cause serious damage to you, your family, or your automobile and not afford to pay it.

Underinsured Drivers:

In Florida, the auto insurance requirements are much less than in other states. The only coverage required by law is Personal Injury Protection (P.I.P.) a.k.a. no-fault insurance, and $10,000 property damage liability coverage. Florida does not require drivers to carry Bodily Injury coverage (B.I.). Now, what does all this mean? Well, P.I.P., like it says, is personal. If you have auto insurance, you have P.I.P. and it will cover 80% of your medical bills up to $10,000. However, that still means you will have a 20% copay with every doctor visit or procedure.
Granted, if you are in an accident, the at-fault driver may have B.I. coverage. If this is so, then your injuries will be paid through the at-fault driver’s insurance company…but only to the limits of his or her B.I. coverage. Imagine you sustained a permanent injury from the car accident, do you think an extra $10,000 (the standard amount of coverage) will really help that much? Probably not. Now, imagine if the person who hits you just got the minimum requirements by law. You would only receive your P.I.P. benefits. Most likely, you would be left with the choice of foregoing vital treatment or racking up crippling medical bills. Luckily, there is an easy way to prevent this unfortunate occurrence from happening:

Contact your insurance company and GET UNINSURED/UNDERINSURED MOTORIST COVERAGE! With this coverage, even if an uninsured or underinsured motorist injures you in a car accident, your insurance company will pay for your medical bills, future medical bills, pain and suffering, lost wages, up to the limits of the coverage. This coverage is the only way to protect you and the ones you care while you are on the road. And, as always, if you’ve been in auto accident and have any questions, feel free to contact Kemp & Ruge Law Group.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.

Wednesday 17 April 2013

Changes To Texting While Driving

Whether we have been in an automobile accident as a result of texting while driving, know someone who has been in one, or have just had the pleasure of waiting 10 seconds at a green light for someone to finish their “lol,” reply, texting while driving is an ever increasing danger to Florida motorists, passengers, and pedestrians alike. So what is being done to confront this problem? Well, the Kemp & Ruge Law group has all the up-to-date information on what the Florida Legislature has done, is trying to do, and the predictions of a few industry specialists.

While there have been times our Sunshine State has been a trailblazer for other states to follow, this is not one of those times. According to the Insurance Institute for Highway Safety, Florida is one of only eleven states that does NOT have a texting while driving ban. Up to this point, thirty nine other legislatures and the District of Columbia have attempted to address this issue, and yesterday, Florida’s legislature finally did as well.

Led by Senator, Nancy Detert, a longtime advocate for banning texting while driving finally got her proposal passed after fighting for it for five years. Oddly enough, in a time where few political battles are ever universally agreed upon, this proposal passed unanimously (36-0) by the full Senate. Considering this ringing endorsement, and a large number of public opinion polls coming out in favor of banning texting while driving, it is very likely this bill will pass. So, let’s take an early look at what the proposal entails and does not entail.

The proposal is reminiscent of the old seat belt laws Florida had until 2009. Essentially, like the old seat belt laws, texting while driving will only be a secondary offense; this means that a driver would have to be doing something else wrong (like speeding) to get a ticket for texting while driving. However, even as a secondary offense, considering how many people swerve or drive in some other careless way while texting and driving, the secondary offense stipulation should still result in a number of tickets.

Though the proposal passed unanimously, there have been certain detractors outside the Senate. They have pointed out a few potential problems with the proposal. First, the fine is only $30.00, and $30.00 is just not enough to change someone’s behavior. However, the fine increases to $60.00 and will add three points to someone’s license if a second offense occurs within five years of the first. Second, the proposal only bans texting while driving (or, in other words, when the car is in motion), it does not ban texting while stopped at a red light or while pulled off the road. Thus, there is still a heavy temptation to continue texting after the light turns green. Finally, there are reports that bans in other states have not worked. Rather than give up texting while driving, people are just texting with their phones completely out of view in their lap. This unintended consequence is arguably more dangerous and could be causing more accidents.

As the proposal makes its way through the House, we will keep you posted on its progress and if any changes will be made. Also, if you are free April 27, 2013 join Kemp & Ruge Law Group at the Verizon Event Center in New Port Richey. We will be sponsoring, Put It Down, an event aimed at educated our youth on the danger of driving distracted. There will food, fun, and drawings. Click here to see the flyer for more details. Let us know in the comments if you will be able to make it or not.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.