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Florida traffic accident rate increase

Florida Traffic and Accidents Increase During the Last Few Months

With the shutdown of much air travel over the past two years, more people have taken to the roads. And while road travel may have reduced the spread of the COVID-19 virus, in Florida, it has increased the incidents of traffic accidents and fatalities.

According to the U.S. Transportation Department, traffic fatalities surged in 2021, increasing by 12 percent from the previous year. One of the more devastating consequences of these crashes was the rise of hit-and-run crashes and fatalities statewide.

Holidays Are Potentially High-Risk For Traffic Accidents

Accidents typically jump by around 10 percent around the winter holidays. In Florida alone, holiday fatalities can increase during the holidays by nearly 30 percent. Interestingly, however, Christmas and New Years are not the holidays that see the most traffic accidents in the United States. The topmost dangerous holidays from an accident perspective are:

  1. Fourth of July
  2. Labor Day
  3. Memorial Day
  4. Thanksgiving
  5. New Year’s
  6. Christmas

Not surprisingly, holiday traffic accidents are blamed on busier roads, but one of the more important commonalities is the prevalence of drunk driving during holiday seasons. For instance, data out of the National Safety Council shows that 36 percent of fatalities during the New Year’s holiday are attributed to impaired driving.

Consequently, the most dangerous holidays involving drunk driving accidents have a bit different mix:

  1. New Year’s
  2. Memorial Day
  3. Fourth of July
  4. Labor Day
  5. Christmas
  6. Thanksgiving

While drunk driving is still the leading cause of accidents in the United States, distracted driving is quickly catching up. A significant number of accidents today involve some form of driver distraction, with 25 percent of fatal distracted driving accidents caused by young adults. Florida Highway Safety and Motor Vehicles reported that in 2020, we saw 48,537 crashes caused by driver distraction in our state alone.

Population Growth, Tourism, and Accidents in Florida

In Florida, we know all too well how the holidays can be a particularly treacherous time with tourists flocking to our state at these peak times each year. US Hwy 1, US Hwy 4, and I-95 are consistently named as some of the most dangerous roads in America, and each year, we are adding millions of new residents, tourists and snowbirds who are unfamiliar with our roads and laws. This creates an exponential problem.

Many Florida roadways are challenging to maneuver, even for those familiar with them. Our explosive population growth and the seasonal influx of tourists each year only increase the risk for serious accidents.

Holidays and Tourist Season Equals Vulnerability for Florida Drivers

Holidays and peak tourist season are especially vulnerable times for all drivers on our roads in Florida. Consequently, all drivers should take precautions to ensure everyone’s safety by

  • Avoiding driving after consuming alcohol and taking advantage of ride-share apps or designated drivers
  • Avoiding texting or talking on your mobile device unless you can do so hands-free
  • Giving yourself extra time to get where you’re going
  • Avoiding driving during peak travel hours
  • Adhering to the rules of the road and local speed limits

If you have been injured in a car accident in Boca Raton, it can become complicated if the other involved driver is from another state. While a negligent tourist can still be held accountable for your serious injuries, that driver may be long gone before you can pursue legal action against them.

Insurance laws are different from state to state. At Ged Lawyers, LLP, our team of Boca Raton car accident lawyers can help you navigate an injury claim if you have been injured by someone who is a new resident or is in Florida for the holidays or on vacation. Call us at (561) 562-4170 or contact us online to schedule a free consultation.

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By : Clarissa Romero

February 25, 2022

Florida PIP insurance benefits guide

What Does FL PIP Insurance Do For You?

When a car accident happens that results in injuries, it’s important to understand who is liable for the costs of those injuries. In the United States, insurance laws are made at the state level, and in Florida, we are one of 12 states with no-fault insurance laws. This means that if you are injured in a car accident in Boca Raton, regardless of who was at fault for it, you would first seek benefits for your damages under your own insurance policy. This policy is called PIP, or personal injury protection.

What is PIP Coverage, and Who Needs It?

All registered drivers in Florida, or drivers who operate vehicles here for over 90 days a year, are required to carry $10,000 in PIP insurance. PIP will help cover things like your medical expenses, emergency room care, ambulance transportation, follow-up doctors’ visits, lost wages, prescriptions, and other costs associated with your injuries.

The intention of PIP insurance is so drivers have access to immediate coverage without having to prove liability or litigate the matter to get paid. An injured driver will file a claim with their own policy and deal directly with their own insurance company and adjuster. And while this provides more ease in most cases, there are times when an injured party will still potentially want to hold another driver accountable.

Some Disadvantages of Florida PIP

There are some downsides of PIP insurance.

An injured party is required to seek medical treatment within 14 days of the accident. This is usually not a problem, but there some accident injuries take awhile to become evident.

In addition, PIP insurance will cover emergency conditions, but these will be limited by the professional providing the care. While medical doctor and traditional healthcare is covered, chiropractor coverage is limited. Massage therapy and acupuncture are no longer covered at all. Furthermore, PIP coverage does not compensate an accident victim for non-economic damages such as pain and suffering.

When You Can Hold Another Driver Liable For Your Injuries

Unfortunately, $10,000 in PIP coverage doesn’t go very far, especially in cases of serious injuries. When costs exceed the amount of available PIP coverage, Florida then allows injury victims to sue an at-fault driver for damages.

Depending on whether the other driver is proven at fault for the accident, they may have to compensate the injured party for their damages, either through their liability insurance or through their personal assets.

What Happens if the At-Fault Driver is Uninsured?

According to a 2021 study by the Insurance Research Council, one in five drivers in Florida is uninsured. This is a staggering figure. Consequently, this suggests that many will find themselves in an accident with one of these drivers. When a driver is seriously injured and the at-fault party has no insurance, they are left to pay for their expenses that exceed their PIP coverage out of pocket.

Florida drivers have the option of purchasing uninsured or underinsured motorist coverage. This coverage will help pay for costs that PIP may come up short on and protect the covered individual for any vehicle they own, even covering them as a pedestrian. Fortunately, uninsured and underinsured coverage is relatively inexpensive and provides a great deal of peace of mind.

Getting Compensated Through Any Insurance Can Be Difficult in Florida

Getting the insurance benefits you need for your injuries can be difficult no matter which coverage or policy you are looking to. The insurance industry is notorious for finding ways not to pay claims, whether it attempts to downgrade the seriousness of injuries, or just denies the claim itself. It’s unfortunate that injured parties find out that they can’t rely on their insurance company right when they need it most.

If you have been injured in a car accident in Florida and are struggling to get the benefits you need from your insurance, or you are now forced to file a lawsuit against the at-fault party, the experienced Boca Raton car accident lawyers at Ged Lawyers, LLP are here to make it right. Call us at (561) 562-4170 or contact us online to schedule a free consultation to discuss your case.

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By : Clarissa Romero

February 9, 2022

Permit driver accident liability guide

Who is Liable if a Permit Driver Causes an Accident in Florida?

Driving around South Florida can be stressful for anyone, given our tourist, seasonal, and elderly populations. But we also have new drivers who are just learning the ropes on our roads as well. Learning to drive while navigating our already burgeoning traffic issues can be difficult enough for permit drivers. And unfortunate accidents can be the result.

What happens if you are involved in an accident with a permit driver and who is liable for injuries and other damages?

What Florida Law Says About Learner’s Permit Drivers

Florida Statute 322.1615 sets out the parameters for drivers who are operating a vehicle under a learner’s permit. These include

  • That they must have passed a written examination
  • That they must have passed a vision and hearing examination
  • That they must have completed the required traffic law and substance abuse course
  • And that they have met all other requirements by the Department of Motor Vehicles

Furthermore, a permit driver must be accompanied by another driver who

  • Holds a valid license to operate the vehicle being driven
  • Is at least 21 years of age
  • Must occupy the closest seat to the right of the permitted driver

A permit driver may only operate a vehicle during daylight hours for the first three months of permitted driving, after which they may operate a vehicle only until 10:00 p.m.

The Common Issues Surrounding Younger Drivers on the Road

When a young driver has held their permit for one year, they then become eligible to obtain an operator’s license. This means that a driver who obtained a learner’s permit at 15 can operate a vehicle legally with minimal restriction at the age of 16.

According to the Centers for Disease Control, young and inexperienced drivers are a safety problem on the roads, particularly among male drivers between 16 and 19, unsupervised teen drivers with teen passengers, and newly licensed teens. Risk factors for these younger drivers include

  • Inexperience – Young drivers do not yet have the experience to recognize possible dangers and make critical decisions to avoid them.
  • Night and weekend driving – Riskier behavior tends to happen at nights and on weekends. Teen driver fatalities significantly increase at these times.
  • Failing to use seatbelts – Teens have the lowest seat belt use rates of all driver age groups.
  • Distracted driving – Research out of the 2019 national Youth Risk Behavior Survey revealed that 39 percent of teen drivers admitted to texting and emailing while driving within the 30 days prior to taking the survey.
  • Speeding – Young drivers are more likely to speed and allow less distance between their vehicle and the one in front of them.
  • Alcohol use – Teen drivers have a higher risk of being involved in an accident after any alcohol use, even at levels below the legal limits for adults.
  • Drug use – Drug impairment, whether prescription medications, illicit drugs, or marijuana use, leads to poorer judgment, decision-making, motor coordination, and reaction time.

Liability in an Accident

Age will factor into liability in the case of an accident with a permit driver. Both young and elderly drivers are more at risk for car accidents. While teenage motorists have a higher chance of crashing due to inexperience, the elderly are more at risk due to the effects of aging.

For minor drivers under the age of 18, a parent or other legal guardian must sign any license application for a permit or operator’s license. This person will be responsible in any accident involving that driver.

When a guardian or parent has given permission to use a vehicle that is registered to them, that parent or guardian takes on the liability of any accident that happens while the minor driver is in control of the vehicle. If they allow that minor driver to drive unsupervised under a learner’s permit, they also assume any liability in the case of an accident.

While those over the age of 18 do not require a parent’s or guardian’s signature for a learner’s permit or license, if they are driving a vehicle under their parent’s permission, the parent may still be held liable for any accidents that result. Even if no voiced, specific permission has been given, if the driver lives in the same household as the vehicle owner, the court can rule implied consent if an accident takes place. A driver over the age of 18 driving their own vehicle, however, can be held liable in an accident.

The Responsibility of Parents of Young Drivers in Florida

None of us are ever prepared for a car accident, and most of us don’t think about it until we are involved in one. But it becomes forefront in most parents’ minds when their teen becomes a driver, with good reason. If your permitted or underage teen gets into an accident, or if you have been injured in an accident caused by a teen driver, you should get the guidance of an experienced Boca Raton car accident lawyer to understand your rights, options, and obligations.

At Ged Lawyers, LLP, we offer skilled guidance and representation in matters of Boca Raton car accidents and personal injury in Boca Raton and throughout South Florida. Call us at (561) 562-4170 or contact us online to schedule a no-cost consultation to discuss your case.

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By : Clarissa Romero

January 31, 2022

Auto glass installer payment disputes

Why Are Auto Glass Installers Not Getting Paid Fairly For Their Work?

While Florida law now allows individuals with comprehensive insurance coverage to get their damaged windshield repaired without cost, you would think this would provide the auto glass industry with a great amount of work.

That is a good thing, right?

But for many in the auto glass industry, it has not been a good thing at all. In fact, trying to get paid fairly by the insurance industry has been nothing short of a nightmare and has led many small auto glass shops in Boca Raton to pursue lawsuits so they can get paid fairly for their work. But let’s back up a bit.

What Led to This Issue?

Florida implemented legislation that allows individuals with windshield damage the right to get windshield repairs completed without any cost if they have comprehensive coverage. This means no cost at all, including the deductible.

This is great for the average driver and should be great for the windshield repair shops as well. A customer comes in with a damaged windshield, the shop repairs or replaces it, and the insurance company pays for the repair. But that final step is where it has gotten muddy.

Insurance Has Basically Set The “Prevailing Competitive Price” For Auto Glass Repairs

In anticipation of this legislature, the insurance industry went into agreements with large auto glass repair companies who could afford to do the repairs at rock-bottom prices because of their volume. This is fine, except smaller shops can’t afford to complete repairs at these drastically discounted prices. But they are being held to them because of policy limitations.

The insurance industry has agreed to pay glass repair prices based on “prevailing competitive prices.” But essentially, through their agreements with the large auto glass repair companies, they have set the competitive pricing standards to keep their costs abnormally low. Smaller shops simply cannot do the repairs for these prices, and, even worse, the insurance companies now often refuse to pay them unless they agree to take a huge cut in their repair costs.

Mom and Pop Shops Suffer

Most Boca Raton windshield repair glass shops are small independent businesses that set their prices based on fair nationwide industry standards. As small business owners, they rely on prompt and fair payment for their services.

But these owners have discovered that for a simple windshield replacement, they are often left to fight the insurance company to get paid fairly for the repairs they make that should be covered under insurance. Consequently, many of them are left to seek legal remedies to get paid for their work. This happens specifically when there is an assignment of benefits involved.

If you wish to support mom and pop shops in Boca Raton, you can help by advocating for them. For example, if you wish to repair your windshield glass after a wrong way crash, mention to your attorney how important the well-being of small local businesses is for you. You might be surprised to learn that your wrong way driver accidents lawyer feels the same way.

How Assignment of Benefits Creates Part of the Problem

Insurance has a relationship with their insured, not a repair shop. But in a repair situation, most small shops use an assignment of benefits so they can get paid directly by the insurance company. In auto insurance claims, an assignment of benefits allows the repair shop to expedite the work, order car parts and other things necessary for the repair. Under an assignment of benefits, the repair shop takes the insured party’s role, assuming the ability to collect for their repairs from the insurance company. Unfortunately, when the insurance company refuses to pay for the repairs, they also assume that headache.

In the meantime, insurance companies have lots of time and deep pockets. Over the past few years, thousands of lawsuits have been filed by shop owners to try to get fair payment while the insurance companies merely attest to their “excessive and unreasonable” charges and refuse to pay. Many shop owners finally agree to take far less than they deserve just to make the problem go away.

Experienced Boca Raton Windshield Replacement Litigation Lawyers

At Ged Lawyers, LLP, our Boca Raton windshield repair litigation lawyers help small businesses get paid fairly for their work. If you own an independent auto windshield repair shop that has been unfairly denied payment for your work, let us help. Call us at (561) 995-1966 or contact us online to schedule an appointment.

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By : Clarissa Romero

January 13, 2022

Boca Raton police accident report

Should I Get a Police Report After An Accident in Boca Raton?

Car accidents come out of the blue, and no one is ever prepared. The time right after a car accident can be confusing and you want to make sure you do the right thing. But how do you know what the “right thing” is? In Florida, do you need to report all car accidents to the police? And should you get a copy of the police report after you do?

The state of Florida requires that all drivers report a car accident in Boca Raton that involves the injury or death of any person immediately. In addition, a driver must report any accident that appears to have caused a minimum of $500 worth of damage. This should be reported to the local police department if the accident occurred within a municipality or otherwise to the county sheriff’s office or Florida Highway Patrol.

Filing a Police Report

But even if the accident doesn’t require a police report, it is a good idea to get one anyway. A police report will offer an impartial understanding of the accident and will also be required by your insurance company if you intend to file a claim.

After any accident, your best course of action should be to stay at the scene and call the police. When the police arrive, you will get the chance to discuss the details of the accident from your perspective. The other drivers and witnesses will also be interviewed so the officer can make a determination of what and who caused the accident. After you have filed a report, you can get a copy of it for your records and for your insurance company.

What Information Does a Police Report Include?

In some circumstances, the investigating police officer will complete a written report called the Florida Traffic Crash Report, Long Form. This is required for any accident that

  • Has resulted in an injury or fatality
  • Involves an individual leaving the scene without offering information, rendering aid, or ensuring that the accident was reported to authorities.
  • Involves an intoxicated driver
  • Involves a vehicle that was damaged to the extent that it needed to be removed by a tow truck
  • Involves a commercial motor vehicle

The long form of the Florida Traffic Crash Report will contain useful information such as

  • When and where the accident happened
  • The descriptions of all vehicles involved
  • Any names, contact information, and vehicle information of all drivers and passengers
  • Names and contact information for anyone who witnessed the accident
  • The name and badge number of the officer who is conducting the investigation

If the accident doesn’t require the use of the long form crash report, the investigating officer may use a short form or give the drivers involved an exchange of information form. The short form of the crash report will still offer valuable information, such as when and where the accident took place, names and contact information for all drivers, passengers, and witnesses and the insurance information for all involved drivers.

How to Get a Copy of the Police Report

Crash reports are usually available to all parties who were involved in the accident within one day. To receive a copy, all you need to do is provide a photo identification and a sworn statement that the information in the report will not be used for any commercial solicitation to the agency that investigated the accident.

Why You Should Have a Copy of the Police Report

A police report contains many important pieces of information. If you have sustained a serious injury in the accident, you may need this information to hold an at-fault driver liable through an insurance claim or personal injury civil lawsuit. Having a copy of the police report can provide crucial evidence supporting your case and can improve your chances of recovering compensation for your injuries from the negligent driver.

Getting Legal Assistance if You Have Been Injured

When you have been injured in a car accident in Boca Raton, you should get the guidance of an experienced Boca Raton car accident attorney to understand your rights under the law. You may be entitled to compensation for your injuries and damages, including medical costs, lost wages, repair or replacement of personal property, and pain and suffering.

At Ged Lawyers, LLP, our skilled team of personal injury lawyers in Boca Raton will conduct a thorough investigation of the accident, obtain the official police report and any other evidence associated with the accident to build a case and hold the at-fault driver liable. Call us at 888-4GEDLAW (toll free), (561) 995-1966, or contact us online to schedule a free consultation to discuss your case.

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By : Clarissa Romero

December 30, 2021

Legal Consequences Of Reckless Driving

What Are the Consequences of Reckless Driving?

Here in Boca Raton, we are seeing far more reckless drivers than ever before. Despite lockdowns in 2020, the Florida Highway Patrol reported that while collisions were down, they were deadlier. FHP reported a 70 percent increase in citations for going over 100 mph. 3,300 traffic fatalities were reported in the same time, more than the last two previous years’ findings.

Reckless driving is not only dangerous. It is illegal.

What is Considered Reckless Driving in Boca Raton?

The term reckless driving is a generic term for many different types of driving behaviors in Florida. Under Florida statute 316.192, reckless driving is defined as anyone who drives willfully or with wanton disregard for the safety of others. Reckless driving can include speeding, failure to yield, tailgating, or other driving that puts others in harm’s way. Florida law has made reckless driving a serious offense with significant penalties.

Reckless Driving is a Crime

Those who are convicted of driving recklessly have committed a crime. Reckless driving is not an ordinary traffic citation. It comes with serious criminal penalties and consequences, including

  • For a first conviction, imprisonment for up to 90 days and/or a fine of between $25 and $500
  • For a second conviction, imprisonment for up to six months and/or a fine of between $50 and $1,000
  • For a first-degree misdemeanor causing property damage or injuring someone, up to one year in jail, up to one year probation, and/or a $1,000 fine
  • For a third-degree felony causing serious injury with a substantial risk of death, serious personal disfigurement, or other serious injuries, a maximum of five years imprisonment, five years of probation, and/or a fine of $5,000

Reckless Driving That Causes Serious and Catastrophic Injuries

For victims of an accident caused by a reckless driver, injuries are serious and often catastrophic. Many cause heartbreaking deaths.

Speed is one of the primary factors of how serious an injury is likely to be at the hands of a reckless driver.

An analysis of speed conducted by The Insurance Institute for Highway Safety found that speed

  • Increases the distance that a vehicle travels from when the driver detects an emergency to the time he or she reacts
  • Increases the distance required to stop once the brake is applied
  • Increases the risk of loss of control
  • Increases crash energy exponentially.

In an accident involving a reckless driver who is speeding, the structure of the car that is hit often cannot withstand the impact and restraint systems will be unable to protect the occupants.

Because of the driver’s recklessness, victims of a crash may sustain life-changing injuries involving a lifetime of costly medical interventions, income loss, and disabilities. Unfortunately, a criminal conviction does nothing for these victims.

Insurance Complications and Reckless Driving Convictions

Unfortunately, insurance further complicates issues for victims of reckless drivers. Because we are a no-fault insurance state, injuries must qualify for a personal injury protection tort exception. You may only file a liability claim if your injuries meet a specific threshold, meaning you have suffered

  • Significant and permanent loss of an important bodily function
  • Permanent injury
  • Significant and permanent scarring or disfigurement
  • Fatality

Furthermore, the criminal conviction of the reckless driver may work against you. Most automobile policies do not insure intentional acts. A reckless driving conviction can be regarded as an intentional act and may result in denial of benefits for the victim.

Getting Legal Assistance

Management of these types of accidents and injuries can be extremely complicated. Consequently, those who have been seriously injured by a reckless driver will often need legal assistance to get fairly compensated for their injuries and other damages. These can include:

  • Any medical costs, both current and future
  • Any loss of income or loss of future earning capacity
  • Personal property damages
  • Pain and suffering
  • Wrongful death benefits for family members if the accident resulted in a fatality.

A lawsuit brought against a reckless driver will require the assistance of an experienced Boca Raton personal injury attorney who understands the law and what the victim is legally entitled to after a serious car accident.

At Ged Lawyers, LLP, we diligently represent those who have been injured by the negligence of others. If you have been injured in a car accident caused by a reckless driver, call us at (561) 995-1966 or contact us online to schedule a no-cost consultation to discuss your case.

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By : Clarissa Romero

December 23, 2021

Defective Auto Glass Installer Liability

What If the Auto Glass Installer Gives Me Defective Equipment?

Unfortunately, a damaged windshield in Tampa is not only inconvenient. It is dangerous.

But windshield glass damage has become increasingly common as vehicles become more lightweight. Whether you have sustained a small crack or chip in your windshield, or more significant damage, you never want to ignore it, no matter how small. Studies have shown that 90 percent of all chips will develop into large cracks over time, often when a driver is not expecting it.

Your Windshield Plays an Important Role in Your Safety

Your windshield is not just a piece of glass. It is a complete system designed with your safety in mind. A windshield system is designed to maintain the structural integrity of your car and ensure that your airbags deploy properly in case of an accident.

Damaged windshield glass is also 60 to 70 percent weaker than undamaged glass. Testing has shown that 90 percent of unrepaired chips will crack out within minutes in situations of high stress. Consequently, windshield damage can lead to serious safety issues if you are subsequently involved in an accident.

Not All Repairs Are Created Equal

Unfortunately, not all windshield repairs are created equal. Windshield repair requires skilled training using specifically designed glass and processes. Many technicians don’t have the proper training to repair or replace windshields to ensure their structural integrity.

Poor or improper installation can cause a windshield to separate from a vehicle during an accident. This renders an airbag system useless in these moments. Consequently, it is critical to choose a reputable company that employs certified and insured technicians to install your new windshield.

Not All Glass is Created Equal

Furthermore, not all windshield glass is created equal. There are two types of glass used in the windshield replacement industry – OEM, or original equipment manufactured glass, and aftermarket glass. OEM is a windshield that is made by the car manufacturer of your vehicle. Aftermarket glass, or OEE (original equipment equivalent), is more generic and does not come from the automobile manufacturer.

Technology has ensured that windshields do far more than protect vehicle occupants from the weather. In addition to safety systems, they also include heating elements, auto-dimming features, forward collision warnings, and many other systems. Automobile manufacturers highly encourage people who need to replace their windshields to do so with an OEM replacement to ensure safety and that other systems work correctly.

Know What You Are Getting

In Tampa, while you have the right to choose the company to complete your work through your insurance coverage, Florida § 627.7288 only requires that a new windshield or glass be of the “same fit, quality and performance.” It does not have to be an OEM windshield.

Consequently, it’s important for you to understand exactly what you are agreeing to when you contract for windshield replacement under your insurance policy in Florida. If you have signed over your insurance benefits to a repair shop, you may have no idea what you are getting.

Read the Fine Print

You should get documentation of the work that was done by the repair shop as well as warranties or guarantees on parts and labor. If you don’t understand something, you should ask questions. Legally, a repair shop cannot refuse to give you your vehicle back if you refuse to pay for unauthorized repairs.

If you think you may have been the victim of repair fraud, you can file a complaint against the repair shop with the Florida Department of Agriculture and Consumer Services as well as the Florida Attorney General’s Office.

Repair Shop Negligence and Liability

Furthermore, a repair shop may be held liable for an accident caused by their negligence.

If you have been injured in a car accident in Boca Raton, FL, that you suspect may have been caused by your windshield replacement, you should get the advice and guidance of a Tampa personal injury attorney to discuss the details of your case. Contact the Tampa personal injury attorneys at Ged Lawyers, LLP at 888-4GEDLAW (toll free) or (941) 225-2744 to schedule a free consultation to discuss your case.

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By : Clarissa Romero

December 16, 2021

Small Windshield Chip Replacement Guide

Should I Get My Windshield Replaced If It Has a Small Chip In It?

Anyone who drives our Tampa area roads knows how chipped windshields are often just part of living here. Whether we are contending with the never-ending road construction or are just unfortunate enough to get behind a large truck hauling rocks and gravel, our car windshields often take a beating here in Florida. But what are the laws concerning driving with a chipped windshield? And if we only have a small chip, is it necessary to get the windshield replaced?

Is It Legal to Drive With a Damaged Windshield in Florida?

Windshield laws vary dramatically from state to state.

In Florida, it is unlawful to drive with any visual obstruction on your windshield. A driver cannot have any signs or any other non-transparent material affixed to the front windshield of the car or any material that obstructs the driver’s view from the rear view mirror or side mirrors or windows.

This is when a damaged windshield becomes relevant. Any cracks or chips that effectively interfere with your view of the road as a driver can be illegal. Considering there are no clear regulations concerning a damaged windshield in Florida, it is generally up to an officer’s discretion whether you will receive a citation or not. Unless the damage is very small or obscure, you may receive a citation and have to repair or replace your windshield on top of paying the fine for the ticket.

Repair or Replace?

Whether you have your windshield repaired or replaced will usually depend on the amount of damage there is.

A general rule of thumb is if a crack is less than three inches or if the chip is smaller than a quarter, the windshield should be repairable. But depending on the location of the crack or chip, this may be impossible. Some auto glass shops may not repair the windshield if the damage is in the driver’s direct line of sight.

Fortunately, Florida law requires car insurance companies to cover the cost of repair or replacement of a windshield for policyholders with comprehensive auto coverage without even charging a deductible.

How Can a Cracked or Chipped Windshield Be Dangerous?

Vision impairment is only one of the dangers of a damaged windshield in Tampa. A windshield that has sustained damage can be dangerous from another safety standpoint.

A vehicle’s windshield system has been designed to withstand impact. In a rollover accident, your windshield is developed to withstand one and a half times the weight of the car to keep the roof from caving in more than five inches. In a front-end collision, the windshield system is designed to keep at least 50 percent of the glass sealed to keep occupants from being ejected from the car. In the event of a Boca Raton car accident, the strength of the windshield system can potentially be compromised with as little as a crack or chip.

Consequently, the state of Florida has implemented insurance laws enabling car owners with comprehensive coverage to get their windshield fixed without even paying the insurance deductible. The state hopes this will encourage Tampa drivers to repair or replace their windshields sooner rather than later, thereby potentially avoiding a serious accident.

Don’t Wait to Fix Your Windshield

The bottom line is that any damage to your windshield, whether large or small, should be fixed as soon as possible. A small crack or even a chip can spread quickly and can significantly reduce the integrity of the vehicle’s windshield sealant system. In a serious accident, this can be deadly to you as a driver and your occupants. Fortunately, if you have comprehensive insurance coverage in Tampa, replacing your windshield can be done at absolutely no cost to you.

A cracked windshield can cost more than a repair. It can cost you your (or someone else’s) life. If you have been injured in a car accident, the Boca Raton personal injury lawyers at Ged Lawyers, LLP may be able to help. Call us at 888-4GEDLAW (toll free), (941) 225-2744 or contact us via our website to schedule a no-cost consultation to discuss your case.

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By : Clarissa Romero

December 9, 2021

Most Common Distracted Driving Examples

What Are the Most Common Examples of Distracted Driving?

According to the National Highway Traffic Safety Administration, distracted driving is “any activity that diverts attention from driving.” This can include anything from texting to talking to other passengers in the car. Anything that can take your attention away from what is in front of you while you are driving can be considered a distraction.

Distracted driving is not only dangerous, it is deadly, claiming the lives of 3,142 individuals in 2019 alone. And while law enforcement in Tampa and the state of Florida has tried to educate residents about the importance of not driving distracted with the Put it Down campaign and the Wireless Communications While Driving Law, we continue to see this behavior on a daily basis.

Our experienced Tampa distracted driving accident attorneys at Ged Lawyers, LLP represent drivers who have been injured in these very accidents to ensure that they get the compensation they deserve for their injuries.

Types of Driver Distractions

There are three main categories of driver distractions:

  • Manual, or any activity that takes the driver’s hand off the steering wheel
  • Visual, or any activity that takes the driver’s eyes off the road, or
  • Cognitive, or any activity that takes the driver’s mind off the task of driving.

Manual Distractions

Any distraction that causes a driver to take one or both hands off the wheel to perform a task is considered a manual distraction. These can include anything from eating while driving to assisting your child with their car seat. Manual distractions take away the driver’s ability to steer their car in reaction to something on the road ahead of them or a potential Boca Raton car accident. Inability to steer can lead to a car hitting another vehicle or veering off the road or into other traffic.

The most common manual distractions are

  • Texting
  • Eating or drinking
  • Grooming
  • Lighting a cigarette
  • Adjusting a child’s car seat or seatbelt
  • Tending to a pet

Visual Distractions

Any distraction that causes a driver to take their eyes off the road ahead of them is considered a visual distraction. Visual distractions can include things like trying to input an address into GPS or fiddling with other electronic devices while driving. Without visually attending to the road in front of them, a driver can’t assess the situations around them for potential safety hazards, leading to serious accidents.

The most common visual distractions are

  • Texting
  • Looking at a GPS
  • Trying to find something in the car
  • Switching stations on the radio
  • Adjusting the interior temperature in the car

Cognitive Distractions

Cognitive distractions can be deceiving since a driver can look like they have full control of their driving. A driver’s hands may be on the wheel and eyes on the road, but if their mind is distracted, they still run the risk of a serious accident. Merely talking to others in the car, especially if they are in the backseat or are children, reduces the cognitive focus of a driver exponentially.

The most common cognitive distractions are

  • Texting
  • Speaking to other passengers
  • Daydreaming
  • Drowsiness

Texting — The Most Deadly Distraction

Using your phone to text or check a text or message is a three-in-one distraction and just as deadly. A driver who has their hands off the wheel to pick up their phone, eyes off the road to read a message, and mind distracted with the content of the text roll all these distractions into one. This is why texting is now the most deadly form of distraction on our roads in Tampa and across the country. Texting and driving is not just against the law, it is considered negligence.

Call an Experienced Distracted Driving Accident Attorney in Tampa

If you have been injured in an accident caused by a distracted driver, contact our experienced Tampa distracted driver accident attorneys at Ged Lawyers, LLP. We have dedicated our careers to holding negligent parties accountable for the harm they cause. We are here to ensure that your legal rights are being represented and that you get the compensation you deserve after a serious accident. Call us at (561) 995-1966 or contact us online to schedule a no-cost consultation.

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By : Clarissa Romero

November 26, 2021

Florida Auto Glass Insurance Disputes

Insurance Companies Are Not Paying Florida Auto Glass Companies After They Replace Windshields.

As usual, the insurance industry is crying foul, complaining that they are subject to a wave of lawsuits over the way they handle Florida windshield repair claims. Unfortunately, the people squeezed in the middle are the very people who are doing the actual repairs. They are increasingly unable to collect money from large insurance companies after doing the work that they are legally entitled to be paid for.

What has precipitated this battle?

A relatively new Florida law enables car owners to get cracked and broken windshield glass repaired without any cost, including the cost of a deductible, if the car owner has comprehensive insurance coverage. This law was established to encourage people to get their windshields repaired quickly to ensure against safety issues. So far, so good. At least for the consumer.

Small Independent Glass Repair Shops in Florida Were Not Being Paid Fairly For Their Work

In the meantime, small independent glass repair businesses in Florida were finding that it became increasingly more difficult to get paid from the large insurers for the work they were doing. Many large insurance companies have gone into arrangements with large windshield replacement companies to administer claims and keep the cost of replacements — and their claims — down. But a vehicle owner can go to any repair shop they choose for this service. In order for the repair shop to be paid for their services, the insured party merely has to assign benefits over to the repair shop to get paid for the windshield repair.

Insurance Policy Limitations

Insurance companies limit what they will pay for these repairs to what is considered prevailing competitive costs, which sounds reasonable at face value. But the industry has driven down what that competitive price is by contracting with large windshield repair companies at a significant discount to what is considered competitive in the industry. This leaves small independent repair shops that charge actual competitive prices struggling to get paid.

How Are Prevailing Competitive Costs Determined?

Small shops typically use industry standard pricing for auto glass that is used by repair shops throughout the country. And while that is what the auto glass repair industry considers competitive, the insurance industry believes that they should determine what competitive is by what they can negotiate at discounted rates.

The discounted rates they are willing to pay are often not even enough to cover a small shop’s cost of a repair. Unfortunately, many small independent repair shops that rely on insurance claims as payment for these services are being underpaid for their services or not paid at all because of these standoffs. In the meantime, insurance companies are crying fraud, while the small independent auto glass companies are saying that these insurance companies are outright refusing to pay fair repair costs.

In the Courts

As an illustration, last year Hillsborough County, FL Judge Miriam Valenburg ruled that GEICO had breached its contractual obligation to reimburse eleven claimants for glass repairs through Glassco, a Florida-based company. Glassco had obtained assignments of benefits from each policyholder so it could be paid by GEICO for their work, as allowed by law. The issue? What was a considered prevailing competitive price. Glassco’s victory hinged on the 2018 13th Circuit appellate ruling in GEICO v. Superior Auto Glass. The court ruled that a prevailing competitive price truly had to be competitive and not the amount that an insurer could negotiate. GEICO has appealed.

Getting Legal Help

While the Florida windshield replacement law has worked very well for the consumer with the proper insurance coverage, it hurts small independent repair shops trying to make a fair living. Being held to artificial pricing that doesn’t even cover their costs is unfair and unacceptable.

At Ged Lawyers, LLP, we can help small auto glass businesses collect what is due them. If you are a glass or repair shop owner that is having difficulty getting paid by insurance, let our experienced Florida windshield replacement litigation lawyers help. Call us at (561) 995-1966 or contact us online to schedule an appointment.

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By : Clarissa Romero

November 17, 2021

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