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Articles Posted in Car, Truck & Motorcycle Accidents

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Jeffrey P. Gale, P.A. // Threat to Florida Motor Vehicle Insurance Coverage Rights

I have written many times before that maintaining Uninsured Motorist (UM)/Underinsured Motorist (UIM) coverage is an important way of providing a level of protection to self and others from the negative consequences of a serious motor vehicle accident. The coverage is outlined in Section 627.727, Florida Statutes. To the extent…

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Jeffrey P. Gale, P.A. // Claim for Punitive Damages Allowed for Cell Phone Usage While Driving

Punitive damages under Florida law can increase the amount of money awarded against a defendant by a factor far in excess of the amount awarded by the jury for compensatory damages. See, Florida Statute 768.73. Punitive damages are awarded “as punishment to the wrongdoer, for the purpose of deterring him…

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Jeffrey P. Gale, P.A. // UM/UIM Not Subject to Florida Workers’ Compensation Lien. However, Beware!

Workers injured in motor vehicle crashes while in the course and scope of employment may be eligible for compensation through uninsured/under-insured (UM/UIM) motor vehicle insurance. UM covers losses sustained by the insured, passengers, and family members through the fault of a party who fails to maintain Bodily Injury (BI) insurance. Hit-and-run and…

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Jeffrey P. Gale, P.A. // Permanent Injury Not Required if Tortfeasor Does Not Have Insurance Policy Complying With Florida PIP Law

Florida is one of only a handful of states that operates under a No-Fault system for paying medical expenses incurred in connection with motor vehicle accidents. Florida’s No-Fault Law, commonly referred to as “PIP” (personally injury protection, is contained in sections 627-730-627.7405 of the Florida Statutes. There is a dollar…

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Jeffrey P. Gale, P.A. // Uninsured Motorist (UM)/Underinsured Motorist (UIM) Insurance — Don’t Leave Home Without It

We have represented many people who have benefited from having UM/UIM insurance. We have represented many more people who have lost out by not maintaining the coverage. UM covers losses sustained by the insured, passengers, and family members through the fault of a party who fails to maintain Bodily Injury…

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Jeffrey P. Gale, P.A. // Liability of Bailor for Personal Injury Damages

We are representing a gentleman who was struck by a pickup truck just before sunrise while walking to a bus stop on his way to work. The driver turned quickly without warning from a main road onto a small side street while our client was halfway across after looking both…

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Jeffrey P. Gale, P.A. // Contrary to Popular Belief, Florida Traffic Crash Reports are not Privileged

Every driver of an automobile in Florida who is involved in a motor vehicle accident is required to report the event to law enforcement. See § 316.062, Fla. Stat. (2019).  From 1971 to 1982, the version of the statute designed to promote this public policy, § 316.066(4), Fla. Stat. (1971), provided…

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Jeffrey P. Gale, P.A. // Give Thoughtful Consideration Before Undertaking Dual Representation of Both Driver and Passenger(s) in Motor Vehicle Accident Cases

Not infrequently, both the driver and passenger(s) involved in a motor vehicle crash will consider hiring the same personal injury lawyer. Because of conflict of interest concerns, lawyers must be exceedingly cautious in taking on dual representation in these circumstances. The concerns arise in various fact situations, including the following:…

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Jeffrey P. Gale, P.A. // Loss of Consortium — Think Twice (or more) Before Making This Claim

Florida case has long allowed the spouse of an injured married partner to bring a cause of action for loss of consortium, and though derivative in the sense of being occasioned by injury to the spouse, it is a direct injury to the spouse who has lost the consortium.  Busby…

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Jeffrey P. Gale, P.A. // Golf Carts, Low Speed Vehicles (LSV) and Florida Personal Injury Law

We represent a gentleman who was recently involved in a horrible crash while operating his Ford F-150 truck in a gated Lee County, Florida community. The operator of the other vehicle, which crossed into our client’s oncoming lane of traffic, died in the crash. Our client sustained significant personal injuries,…

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