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 AttorneyHernando County Car Accident AttorneyPinellas County Car Accident AttorneyHillsborough County Car Accident Attorney including Tampa Car Accident AttorneyClearwater Car Accident AttorneyLand O' Lakes Car Accident AttorneyLutz Car Accident AttorneyOdessa Car Accident AttorneyNew Port Richey Car Accident AttorneySpring Hill Car Accident AttorneyTarpon 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 AttorneyHernando County Car Accident AttorneyPinellas County Car Accident AttorneyHillsborough County Car Accident Attorney including Tampa Car Accident AttorneyClearwater Car Accident AttorneyLand O' Lakes Car Accident AttorneyLutz Car Accident AttorneyOdessa Car Accident AttorneyNew Port Richey Car Accident AttorneySpring Hill Car Accident AttorneyTarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.