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June 18, 2013

South Florida’s Pristine Coastlines Lead the Nation in Boating Accident Injuries

The allure of near-perfect weather, crystal clear waters, and more navigable int¬racoastal waterways than any other state makes Florida the ideal place to own a boat. This boater’s paradise leads the nation in number of registered boats – 914,535, The National Marine Manufacturers Association (NMMA) finds. Further, it is believed there are an additional one million non-registered vessels that actively use Florida’s waterways. With this many boats on the water, the South Florida counties of Martin, Palm Beach, Broward, Miami-Dade, and Monroe top the Florida Fish and Wildlife’s list reportable accidents.

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In order for an accident to be reportable, it must meet at least one of the FWC’s criteria:

  • A person dies
  • A person disappears under circumstances that indicate possible injury or death
  • A person receives an injury requiring medical treatment beyond immediate first aid
  • There is at least $2,000 aggregate property damage to the vessel or other property
  • There is a total loss of a vessel

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June 10, 2013

Bad Weather Increases Risk of Car Accidents In Florida This Summer

Florida, known as the Sunshine State, received its first taste of hurricane season as Tropical Storm Andrea made landfall this past Thursday. Andrea brought rain, heavy winds, and eight tornados. Any time a storm hits and weather conditions are dangerous, there becomes an increased risk of a car accident. Limited visibility and slick roads are two of the many hazards motorists are faced with as a result of a storm. Every year, it is reported by The Federal Highway Administration that over 7,000 Americans are killed every year in weather related accidents. With over 30 years of experience, our Florida car accident lawyers are dedicated to helping the victims of accidents get the compensation they deserve.

The Florida Highway Patrol provides drivers the following safety tips when driving during severe weather conditions:

Stay put – Avoid driving in heavy storms, and stay in a safe place after the storm. Be prepared to remain where you are for an extended period of time. Often, injuries and deaths occur in the aftermath of storms. Sightseers impeding roadways cause obstacles for emergency personnel responding to those in need.

Slow down –The roads remain slick after the storm so if you have to drive, decrease your speed to avoid hydroplaning.

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June 3, 2013

Florida Experiences Extreme Levels of Rain From First Storm of the Season

The National Oceanic and Atmospheric Administration (NOAA) and the Colorado State University Hurricane Forecast Team both predict above average hurricane activity in the Atlantic this season. In the Southwestern part of the Gulf of Mexico groups of showers and thunderstorms remain in a weakened low level trough of low pressure from Hurricane Barbara. Surface pressure has remained abnormally low in this region but prevailing winds have kept the group of storms from forming a tropical depression or storm.

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NOAA maintains the chance of these storms developing into a named storm is medium risk (50%) but urges residents of the Gulf States to remain alert and vigilant. “There are signs that the wind shear will lessen enough for a broad area of disturbed weather to attempt to organize into a tropical depression over the central Gulf of Mexico at midweek,” writes Kristina Pydnowski, a senior meteorologist at AccuWeather. If this does occur, the storm would be named Andrea and could hit Florida as early as the middle of the week.

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Tropical Storm Andrea brought anywhere from two to eight inches to much of Florida and the Southeast United States this week bringing traffic to a halt on many of its major freeways. The attorneys at our firm always remind you to remain vigilant when driving in heavy rain during a storm.

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May 24, 2013

Governor Scott Vetoes Bill to end Permanent Alimony in Florida

A recent bill passed by the Florida Legislature to reform alimony law, was vetoed by Governor Rick Scott four hours before the midnight deadline, leaving little time for House and Senate to propose an override vote. Had the bill passed, Florida would have moved to become the fifth state in the nation to end the possibility of permanent alimony.

Governor Scott could not “support this legislation because it applies retroactively and thus tampers with the settled economic expectations of many Floridians who have experienced divorce,” he stated. “As a husband, father and grandfather, I understand the vital importance of family.”

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May 22, 2013

Florida's New Anti-Consumer PIP Law: Think You're Covered? Guess Again.

PIP insurance, otherwise known as Personal Injury Protection, is a type of “no fault’ coverage that was adopted by the Florida Legislature in 1972. The law was passed to ensure that anyone who was involved in an automobile accident and sustained injuries as a result of the accident would receive money to cover their medical expenses in a timely manner. Under the law, insurance carriers are required to pay up to $10,000 to their own policyholder after an accident to cover medical bills and lost wages, regardless of who was labeled at fault. Persons involved in car accidents and who were injured could receive immediate medical treatment without having to wait for insurance carriers to accept or admit fault. Under Florida law, all drivers are required to carry "no fault" or PIP insurance.

In 2012, the Florida Legislature passed HB 119 which made drastic changes to Florida’s Personal Injury Protection (PIP) laws. On January 1st, 2013, the changes under this PIP reform bill became effective. The $10,000 in coverage is still mandatory, but the new law limits the amount actually available to $2,500.00, unless the injuries constitute an EMC or “Emergency Medical Condition”. An Emergency Medical Condition is defined as a “medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in serious jeopardy to health, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.” In other words, being in severe pain as a result of injuries sustained in an auto accident is no longer enough to qualify for the $10,000 in mandatory PIP coverage that you are required to carry in Florida. So if you are not diagnosed with an EMC, your PIP benefits are reduced from $10,000 to $2,500. The only individuals authorized to make the Emergency Medical Condition diagnosis are a medical doctor, an osteopathic physician, an advanced registered nurse practitioner, or a dentist. Another provision under the new law is that if you are injured in an automobile accident, you have 14 days from the date of the accident to seek medical attention or no PIP benefits will be paid. In addition, you can no longer use the full $10,000 in coverage for chiropractic treatment, nor can you use PIP for a massage therapist or acupuncturist.

The provisions set forth under the new 2013 PIP laws are without question controversial, and have left many confused as to whether the statutory changes are legal. David M. Kerner, a Florida State Representative and Trial Attorney with Schuler, Halvorson, Weisser & Zoeller, P.A., expressed his concerns in a recent issue of The Palm Beach Post dated April 5th, 2013. “Recently, Governor Scott and the Legislature took drastic steps to reduce PIP injury benefits and protections. This was done under the guise of reducing “fraud.” However, many have argued that it was really an effort to boost insurance company profits.” Kerner points out that the new PIP laws do more than reduce and restrict benefits. “ Though the law did not mandate reduced premiums, it severely reduced your access to courts and limited the type of treatment you could seek. Just as brazen, it reduced from $10,000 to $2,500 of coverage available, unless an emergency condition existed.”

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May 16, 2013

Florida House of Representatives Passes New Standards on Expert Witness Testimony

During the 2013 Session, the Florida House of Representatives passed a bill ( HB 7015) that would change Florida’s standards for evaluating the admissibility of expert witness testimony in court. The proposed change moves from the Frye standard to the standard known as the Daubert standard used in federal courts. For many years now, Florida and Federal courts have followed the Frye standard.

In 1923, the case Frye v. United States discussed the admissibility of a polygraph test as evidence. The ruling was as follows: “Just when a scientific principle or discovery crosses the line between experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while the court will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs."

The Frye standard applies to the testimony of someone who is labeled an expert in a particular field which is relevant to the case. With the Frye standard, if the person who is deemed an expert in a particular field fails to be convincing in their presentation of information or the qualifications of the expert can be questioned, then the evidence can be ruled inadmissible. In order for the standard of Frye to be met, “scientific evidence presented to the court must be interpreted by the court as "generally accepted" by a meaningful segment of the associated scientific community. This applies to procedures, principles or techniques that may be presented in the proceedings of a court case.”

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May 16, 2013

$500,000 Verdict for Client Rear Ended in Car Accident

The Plaintiff was driving in West Palm Beach and was rear ended by another vehicle. As a result of the car accident, our client sustained injuries to their back. Our client not only missed time from work, but had to undergo surgery. Despite not being able to return to work, our client decided to return to school and focus on earning their degree.

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May 16, 2013

Texting and Driving in Florida May Soon Be Illegal

The Sunshine State edges closer to passing a bill that would ban texting while driving except when a vehicle is at a complete stop. Florida’s Senate passed the relatively simple bill unanimously 36-0 but the House of Representatives tacked on an amendment to the bill, “that would allow cell phone records to be used as evidence only in the event of a crash or resulting in death or personal injury.”

Jose Olivia, a Republican Representative from Miami feels the change to the bill ensures the protection of Floridian’s civil liberties. Had the amendment not been tacked on to the bill, it would have gone straight to Governor Rick Scott following the vote in the House. Polls of the citizens of Florida suggest strong support for a ban on texting and driving, some nearly as high as 95% in support of the ban.

Some feel that the bill does not go far enough to protect Florida’s drivers because it would make texting while driving a secondary offense instead of a primary one. This means that if you are texting while driving but not committing any other offenses, an officer cannot pull you over to issue a citation. However, if you are committing a primary violation in addition to texting, an officer may pull you over and cite you for both offenses. Many argue that this is a step in the right direction and the push to change texting while driving to a primary offense will occur naturally after it passes as a secondary offense.

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May 14, 2013

$423,000 for Client in Car Accident

The Plaintiff was a passenger in a friend’s vehicle. The vehicle was T-Boned by another vehicle. As a result, the Plaintiff sustained injuries which left her in the hospital for two months just before passing away.
Senior partner and Board Certified Civil Trial Lawyer Jason Weisser, represented the Plaintiff’s 57 year old son who had the claim for loss of guidance, instruction, and pain & suffering until the time of her death.

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May 14, 2013

Intoxicated Exotic Dancer Collides with Florida Road Ranger

The Florida Department of Transportation has provided stranded and broken down drivers on Florida’s highways with free roadside service since 1999. Road Rangers patrol the state’s highway systems at nearly all hours and days of the year, with the Rangers in South Florida working twenty-four hours a day, 365 days a year. RRblog.jpgThese men work collectively with local police and emergency response vehicles to quickly move accident vehicles away from travel lanes and have directly reduced the number of car accidents in this state. Everyday these men put their lives on the line patrolling our state’s roads, often being only a few feet from cars traveling at speeds of 70mph.


On October 13, 2012 Tonye Bowens, a Florida Road Ranger, responded to a traffic accident on I95 Northbound in West Palm Beach. While tending to the motorist on the side of the road, he was struck by an intoxicated exotic dancer driving home from work at Cheetah Gentleman’s Club. “Suffering massive injuries, he was in a coma for two weeks and then spent two more months in the hospital, attorney Jason Weisser said.”
Under state law, the legal blood alcohol content for a driver of a motor vehicle is .08% - the dancer, Segura, was charged with DUI by the Palm Beach County Sherriff’s office because her BAC was a .184, more than twice the legal limit. In fact, she was so drunk that instead of driving Southbound to her home in Miami, she was traveling the wrong direction on Interstate 95. Glenda Segura faces pending criminal and civil charges while Cheetah Gentleman’s Club is also being sued.


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September 12, 2012

The Perils of Cell Phone Use While Driving

The biggest threat facing South Florida drivers is not inexperienced teenagers or elderly drivers with slowed response times – it is drivers using their cell phones to text and call while on the road. The majority of states have enacted policies to lessen cell phone use while driving. Thirty-nine prohibit text messaging for all drivers, thirty-two ban all cell phone use for novice drivers, and ten prohibit all drivers from using handheld cell phones.

Florida lags in this aspect, however, by prohibiting local municipalities from enacting ordinances that prohibit cell phone use while driving. On the state level, Florida continues to ignore the hard, cold facts about the perils of cell phone use by drivers. This is troubling for all drivers that use Florida’s roads everyday.

With crash statistics among the worst in the nation, policymakers must take action to ensure the safety and livelihood of drivers in the Sunshine State. In a 2010 GMAC Insurance Test of drivers by state, Florida ranked tenth worst in terms of knowledgeable drivers on the road. In a study by AT&T drivers that send text messages while driving are 23 times more likely to be involved in an auto accident. It also found that reaction times were doubled when using a cell phone while driving – similar results to being under the influence behind the wheel.

Because Florida law continues to allow cell phone use while driving, it can be easy to forget the impact cell phone use has on all drivers on the roads. The harsh truth is that law is not always enacted with the people in mind. While it may seem easy to get policy enacted in Florida to prohibit cell phones while driving, the easiest step to reduce car accidents in Florida is for you to stop using your phone when driving behind the wheel.

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July 24, 2012

Drunk Driver Kills Two Teens in Horrific Car Accident

Drinking is a rite of passage that comes about in all Americans once the golden age of 21 is hit. The problem with this rite of passage, however, is that many are inexperienced with drinking and, in turn, let loose as soon as they are legal. Recently our firm represented the families of two teenaged victims that passed away when a drunk 21 year old driver ran a red-light in Palm Beach Gardens and slammed into the victim’s car.

Florida has some of the highest incidences of teenage fatalities on the road and one of the highest rates of drivers arrested for driving under the influence of alcohol. The two victims in the case were driving home on a Thursday night after seeing a new movie in the theatre. The 21 year old had been spotted at a few local bars around Palm Beach Gardens and was seen swerving on PGA Blvd. Blowing a .20, the man was way more than twice the legal Blood Alcohol Content allowed for a driver, a .08.

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