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.

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.

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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.

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.

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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.”

While we do not know what next years’ legislative session will bring or what impact this law will have once it is implemented in October, the Kemp & Ruge Law Group blog will keep you posted on whatever developments occur. And, as always, if you or someone you know needs legal advice or representation, do not hesitate to call us 877-941-4878, email us info@kempruge.com, or visit or site www.kempruge.com.

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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.

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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.

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