Tag Archives: Joe Zarzaur

May 2022 Legal Graffiti Fundraiser Benefitting Emerald Coast Legal Aid.

LEGAL GRAFFITI is back once again on Friday, May 20 from 5:00 to 9:00 p.m. during Gallery Night Pensacola. This month we will be raising awareness and money for Emerald Coast Legal Aid!

Come join us and enjoy FREE games, activities, music, and more at Legal Graffiti… And just remember, the more you donate to spray paint, the more we can match dollar for dollar and give to Emerald Coast Legal Aid!

About Emerald Coast Legal Aid

Emerald Coast Legal Aid is a 501(c)(3) non-profit organization based in Pensacola, FL. that offers a wide range of FREE legal services for those in our community that cannot afford attorneys.

Services by local legal professionals that are a part of this non-profit law firm include:

Domestic Violence

Family Law

Foreclosure Help

Elder Law

Learn more at – https://www.nwfls.org
 

About Zarzaur Law’s “Legal Graffiti” Fundraiser Events

“Legal Graffiti” is an event hosted at Zarzaur Law during each Gallery Night in downtown Pensacola. “Legal Graffiti” is an opportunity for anyone to make a donation and then create artwork on the (recycled billboard vinyl covered) side of the Zarzaur Law office building using spray paint. The event raises money for non-profits & charities within the area. Donations are matched by the firm and given to the charity of choice. In the past six years of hosting the “Legal Graffiti” event, the firm has donated more than $100,000 to local charities. We are proud and honored to continue to give back to the community where we live, work and play.

Watch Our “Legal Graffiti” Highlight Video! >

Our “Legal Graffiti” fundraiser recipients include:
Favor House
Gulf Coast Kid’s House
ARC Gateway
The Birthday Party
Project Mentee
American Cancer Society
Big Brothers Big Sisters of NWF
Manna Food Pantries
Pathways for Change
Studer Family Children’s Hospital at Sacred Heart
Autism Pensacola
Rally Pensacola
Guardian ad Litem
Opening Doors NWFL
Alzheimer’s Association
United Way, Escambia County

Watch our “Legal Graffiti” highlight video! >
It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

What Is An EMC (Emergency Medical Condition) And Why Is It Important For My Florida Car Wreck Case?

Florida is one of only 13 other states in the US that has no-fault car insurance laws. Basically, these states require each driver to purchase their own injury coverage for car wrecks. If a wreck occurs between Florida drivers, then both the at-fault party and the victim have “no fault” or “personal injury protection” (PIP) coverage. These PIP benefits are available for each party’s own medical bills and lost wages WITHOUT regard to fault. So even the at fault driver is entitled to their own policy’s PIP benefits for their injuries and lost wages But, what about an emergency medical condition?

Emergency Medical Condition (EMC) From Accident and Personal Injury Protection Coverage.

When this law was first passed in Florida, all parties to a car wreck were immediately entitled to the entire $10,000.00 from the wreck until the entire amount had been paid out or exhausted. However, years of abuse of this benefit made the Florida legislature pass reforms to the PIP laws, making it harder to access the entire $10,000.00 benefit.

Under the current version of the PIP statute, parties are only entitled to $2,500.00 of the $10,000.00 PIP benefit at the outset. To access the remaining $7,500.00, the injured party must be diagnosed with an emergency medical condition, or “EMC.” 

EMC Is Defined As:

“Emergency medical condition” means 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 any of the following:

(a) Serious jeopardy to patient health.

(b) Serious impairment to bodily functions.

(c) Serious dysfunction of any bodily organ or part.

An EMC can only be found by a medical doctor, doctor of osteopathy, dentist, physician assistant, or an APRN.

Omitted from this list are chiropractors, and it was the intent of the Florida legislature to remove chiropractors from the approval process in regards to PIP benefits.

EMCs can be diagnosed in real-time or later in your treatment. For example, if you go through the initial treatment and then realize that PIP only paid $2,500.00 since there was no documented EMC, So long as a physician is able to say that you “had” an EMC related to the car wreck at any point, then you will be eligible for the entire $10,000.00 benefit.

PIP Coverage Follows You No Matter What Car You Are In At The Time Of The Wreck. 

If you do not qualify for PIP under your policy and there is no auto policy in your house that you qualify for PIP under, then you may qualify for PIP in the vehicle you were occupying at the time of the wreck.

PIP coverage can assist you as an injured party in a car wreck. It can aid you in getting the treatment necessary to diagnose or be the diagnosis of your car wreck-related injuries.

Injuries And Medical Bills

It should be noted that “no-fault” insurance refers to injuries and medical bills. If your car was damaged in an accident, which means the other driver was at fault and you were not at fault the cost to repair your vehicle would fall to the at fault driver’s insurance policy.

This is a significant issue for your case since these PIP benefits can be used to pay for valuable treatment related to your Florida car wreck case.

At the end of your case, all medical bills have to be paid, and if your health insurance pays for them, you will be required to reimburse your health insurance.  PIP benefits, however, do not have to be paid back or reimbursed.

So, it’s in your best interest to use all of these benefits before you start using your own health insurance or start accumulating medical bills to be paid out of your own pocket.

WATCH OUR YOUTUBE VIDEO  >

Learn More About What To Do If You Are In An Accident From Our Car Wreck Checklist >

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

If you or a loved one was involved in a Florida car wreck and/or has Florida PIP questions, please feel free to reach out to our firm at zarzaurlaw.com or call us at 855HireJoe.

Sources:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html

Important Information About Water Safety For Florida Parents.

The month of May is a time to celebrate National Water Safety Month. The entire month of May has been officially dedicated as a time to bring awareness and education about water safety to the general community. This initiative is coordinated by the Pool & Hot Tub Alliance, with support from the American Red Cross, the National Recreation and Park Association, and the World Waterpark Association. Read on for more information on water safety for Florida parents

There are 10.4 million residential and 309,000 public swimming pools and an additional 7.3 million hot tubs operating in the U.S.

Over the summer, 8 out of 10 Americans are planning to swim in a pool. For children and teens between the ages of 7 and 17, swimming remains the #1 most popular recreational activity.

Child Drownings In The United States Have Reached A Ten-Year High.

Pediatric drowning rates reached a 10-year record high. National Water Safety Month is May. Water is a “silent killer” for children. Child drownings remain the leading cause of unintentional death among U.S. children ages 1 to 4, according to the CPSC. Three-quarters of those deaths involved children younger than the age of 5, and 83% of those occurred in residential pools.

Florida Set A New Low In 2021.

Florida hit a grim new record in 2021, reporting the most child drownings since at least 2009.

The Florida Department of Children and Families report shows that deaths rose from 69 in 2020 to 98 in 2021. Twenty-four of those children drowned in Hillsborough, Pinellas, Pasco, Polk, Hernando, Sarasota, and Manatee counties.

Before letting your children hit the water this summer, remember these few tips to ensure it’s an enjoyable and safe experience.

  • Never leave a child unattended in or near water. The designated adult water watcher should not read, text, use a phone, or otherwise be distracted while watching children. This advice includes situations involving bathtubs, buckets, decorative ponds, and fountains.
  • If you own a pool or spa, install layers of barriers to prevent an unsupervised child from getting into the water. These measures can include door alarms, pool covers, and self-closing, self-latching devices on doors that access the pool and on gates of four-sided fences.
  • Learn how to perform CPR on children and adults.
  • Learn how to swim and teach your child how to swim. Contact your local YMCA about swimming lessons.
  • Keep children away from pool drains, pipes, and other openings to avoid entrapment. Your pool or spa should have drain covers that comply with federal safety standards. If you’re not sure, ask your pool service provider about safer drain covers.

What About Beach Swimming?

Swimming in open water is much different than swimming in a pool, but most people are not aware of the dangers, especially for children. Florida’s beaches are a glittering playground made of sun and sand–and by all means, you should enjoy the water!

You can splash in the shallows, ride the waves, or just bob up and down in the surf.

But before you dip one toe in the ocean, make sure you know these simple ocean swimming safety rules to keep you safe.

Swimming in the ocean or a large body of water is different than swimming in a pool or most small lakes. You’ll need to watch out for:

  • Riptides and undercurrents
  • Unexpected changes
  • Drop-off water depths
  • Rocks, debris, and other hazards and obstacles.
  • Whether there’s local marine life that can sting or bite
  • Boats, ships, and other watercraft that may be in the water at the same time.
  • There is bad weather in the area, such as lightning or thunderstorms.
  • Hurricane warnings

What Do Beach Flag Colors Mean?

The list below outlines what the colored flags you’ll see posted at the beach generally mean. Your local beach may differ slightly, though.

Ask a lifeguard or beach patrol if you aren’t sure what the flag means before entering the water.

  • Double red flag: water closed, no public swimming
  • Red flag: high hazard of surf and/or currents
  • Yellow flag: medium hazard or moderate surf and/or currents
  • Purple flag: dangerous marine life such as jellyfish, stingrays, or dangerous fish
  • Green flag: low hazard, calm conditions
  • Black and white checkered flag: set up along the beach, usually as a pair, to indicate separate sections to help keep swimmers and surfers safely apart in the water

Florida Residential Pool Safety Act

Protecting these young children was the reason the Florida Legislature passed the residential pool safety act and homeowners should make certain their pools are in compliance with the Act.

Watch the YouTube Video with Joe Zarzaur  >

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If your child has been injured or has been a victim of a drowning due to an unsafe pool, hot tub or proper, put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Sources:

http://www.floridahealth.gov/programs-and-services/prevention/drowning-prevention/index.html

Florida statute – http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0515/0515.html

https://www.today.com/parents/morgan-miller-shares-heartbreaking-plea-anniversary-daughter-s-drowning-t221539?cid=sm_npd_td_fb_ma&fbclid=IwAR3BNhSgUz3eUJ2hz_biEVcXXGLsBXC60N4Dm4gg9SA8eJPR2hk0ihWCdTE

https://pinellas.floridahealth.gov/newsroom/2022/04/water-safety-month.html

https://www.mynews13.com/fl/orlando/news/2022/05/03/florida-health-offers-advice-for-national-water-safety-month

https://nwsm.phta.org

Water Safety

https://www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/water-safety.html

https://wusfnews.wusf.usf.edu/health-news-florida/2022-01-12/florida-reports-a-rise-in-child-drownings-in-2021

https://www.visitflorida.com/travel-ideas/articles/florida-beaches-ocean-swimming-safety-tips/

Florida hit a grim new record in 2021, reporting the most child drownings since at least 2009.

https://www.cdc.gov/nchs/products/databriefs/db413.htm

https://www.wfla.com/8-on-your-side/98-children-drowned-in-florida-in-2021-a-record-number-according-to-state-data/

https://www.cdc.gov/drowning/facts/index.html

https://escambia.floridahealth.gov/programs-and-services/wellness-programs/health-messages/summer-safety/drowning-prevention/index.html

https://www.flhealthcharts.gov/ChartsReports/rdPage.aspx?rdReport=Death.DataViewer&cid=0105

https://www.flhealthcharts.gov/ChartsReports/rdPage.aspx?rdReport=Death.Dataviewer

https://www.nsc.org/home-safety/tools-resources/seasonal-safety/drowning

https://www.safekids.org/watersafety

National Water Safety Month Is Celebrated The Entire Month of May

Pensacola Personal Injury Lawyers – Car Accident, Wrongful Death, Malpractice

Meet Our Law Clerks: Carly Dick

Each summer, Zarzaur Law seeks out exceptional law students to join our firm for a 5-week hands-on experience. This full-time clerkship provides students with a variety of assignments and experiences with the legal team of Zarzaur Law, P.A. Each clerk, chosen from different law schools in the Southeast region, gain invaluable skills, mentorship, and knowledge within the civil litigation field.

Meet Carly Dick
Law Student at Florida State College of Law
Hometown – Fort Walton Beach, Florida

 

1. School You Are Attending And What Year Of Law School Are You In?

FSU Law. Rising 2L (Class of ’24)

2. What Area Of Law Are You Interested In Pursuing? 

I’m interesting in pursuing civil litigation

3. When Did You Know You Wanted To Be A Lawyer?

I’ve known I wanted to be a lawyer since high school, but I didn’t seriously think I could do it till college. I had a professor who I basically took all my minor courses with who was an attorney; he was brilliant and he inspired me as well as encouraged me to pursue this field.

4. What Do You Hope To Learn While Clerking At Zarzaur Law, P.A.?

I’m hoping to learn how to be an effective legal writer as well as what the day to day is like in a firm such as this one.

5. Why Did You Choose Zarzaur Law, P.A.?

I chose Zarzaur Law due to its size and reputation. My class mates, many of them wanted to go off to larger sized firms, but I was more interested in a type of firm where I would hopefully have the chance to know everyone. I’ve also heard great things about Mr. Zarzaur as an attorney and wanted the opportunity to shadow him as well as the other attorneys here.

6. Name Some Of Your Top Achievements Thus Far

I recently made the moot court team at my school, I have the opportunity to attend the University of Oxford’s law school the second half of summer, and I was recently hired to be a Themis Bar Review Campus Representative. Also, won the superlative “most sporty” by my fellow section class mates.

7. What Do You Like To Do? (Hobbies, Sports, Charity Work)

I love playing sports. I play soccer once a week and I try to play tennis when I can (and someone is willing to hit with me). I know how to crochet but unfortunately haven’t had the time lately to work on that craft. Also, I love movies, I’m constantly at the movie theater.

8. Who (Dead Or Alive) Would You Like To Meet And Why?

I would like to meet RBG; Her work as an attorney and on the Court was an inspiration to this country, and I’m sad to know I never got the chance to meet her.

9. Why Do You Love / Like Pensacola?

So I haven’t spent that much time in Pensacola, but I was walking downtown yesterday for lunch and the downtown area is beautiful.

10. Best Piece Of Advice That You Have Ever Received? (By Who?)

“Make a record for EVERYTHING”–my Mom.

Welcome aboard, Carly!

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

If you or a loved one is injured in a car wreck while “on the job” feel free to reach out to our firm for a free consultation at zarzaurlaw.com or 855HireJoe.

Key PIP “No-Fault” Coverage Issues That You Must Know About After A Florida Car Wreck.

What Is Personal Injury Protection (PIP), Or No-Fault Coverage?

There are only 13 states in the United States that require every driver to purchase and maintain personal injury protection (PIP) coverage. Florida is one of those 13 states. Florida drivers are required to carry at least $10,000.00 in personal injury protection coverage, which is also known as “no fault” coverage. This coverage is personal in that it insures the policyholder for the benefit of the policy. 

Initial Medical Care Time Limit And PIP Coverage

An injured party must seek medical care within 14 days after the motor vehicle accident or they lose up to $10,000.00 in case value, F.S. 627.736 (1) (a).

Initial care must be provided by a medical doctor (M.D.), doctor of osteopathy (D.O.), dentist, chiropractor, hospital, facility owned by a hospital, or by emergency medical personnel (EMS) F.S. 627.736 (1) (a)1.

How Do I Pay My Medical Bills After A Car Wreck?

If you are injured, your Personal Injury Protection (PIP) coverage from your own policy will pay for bills up to $10,000. Florida requires drivers to carry a minimum of $10,000 in Personal Injury Projection coverage. Under Florida’s “no-fault” auto insurance law, most injured drivers seek reimbursement for accident costs from their own carrier, regardless of who caused the collision.

If your bills are higher, your own health insurance should pay for your additional medical expenses once your PIP has been exhausted. If you do not have health insurance, some providers will treat you with an agreement to be paid out of your settlement. This agreement is set up between your lawyer and the medical provider.

Emergency Medical Condition From Accident and Personal Injury Protection Coverage.

The $10,000.00 PIP limit only applies to a M.D., D.O., dentist, P.A., or APRN determining that the injured person “had” an emergency medical condition (chiropractors cannot do this). F.S. 627.736 (1) (a)3

If no emergency medical condition is documented by the proper professional, then you will only have $2,500.00 of the $10,000.00 PIP benefits. F.S. 627.(1)(a)4.

PIP cannot be used for massage therapists and acupuncturists. F.S. 627.736 (1) (a) 5.

What Type of Recovery Am I Entitled To After a Car Accident?

Depending on the circumstances of your accident, some of the damages you may seek can include:

  • Vehicle and personal property damage
  • Present and future medical expenses
  • Pain and suffering
  • Lost wages
  • Loss of future earnings
  • Wrongful deathThe PIP death benefit is $5,000.00 in addition to the $10,000.00 of PIP coverage. 627.736 (1) c. F. S.

Pip Coverage Follows You No Matter What Car You Are In At The Time Of The Wreck. 

If you do not qualify for PIP under your policy and there is no auto policy in your house that you qualify for PIP under, then you may qualify for PIP in the vehicle you were occupying at the time of the wreck.

PIP coverage can assist you as an injured party in a car wreck. It can aid you in getting the treatment necessary to diagnose or be the diagnosis of your car wreck-related injuries.

It should be noted that “no-fault” insurance refers to injuries and medical bills. If your car was damaged in an accident, means the other driver was at fault and you were not at fault the cost to repair your vehicle would fall to the at fault drivers insurance policy.

How Much Will An Attorney Cost Me?

In Florida, most injury cases are paid for with a “Contingency Fee.” That means, your lawyer will be paid from any recovery. If you do not recover, the lawyer is not paid. The standard fee for Florida lawyers is 33.3 percent before suit is filed, 40 percent after suit is filed.

This contingency fee is standard across Florida and approved by the Florida Bar. Your lawyer generally cannot charge more, absent unusual circumstances.You can hire the most experienced expert in personal injury law for the same fee as a lawyer without similar expertise or experience. It makes sense to hire a board certified civil trial lawyer under these circumstances.

WATCH OUR YOUTUBE VIDEO  >

Learn More About What To Do If You Are In An Accident From Our Car Wreck Checklist >

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

If you or a loved one is injured in a car wreck while “on the job” feel free to reach out to our firm for a free consultation at zarzaurlaw.com or 855HireJoe.

Sources:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html

Injured In A Car Wreck While “On The Job.” How Is It Handled?

car accident on the job in florida

Injured in a car accident on the job?  Is it a personal injury case or worker’s compensation claim? Or both?

The Correct Answer Is Both.

In Florida, a motor vehicle accident that occurs while you are working is an injury that will be considered an “on the job” injury. This means that the law requires that the medical bill be paid through your employer’s worker’s compensation insurance coverage.

Does PIP Cover Injuries From An Accident While “On The Job”?

Typically, in a Florida car wreck case, your “no fault” or “personal injury protection” or “PIP coverage” will be the primary payment source for your medical expenses. This is NOT true when the wreck occurs while you are “on the clock” and working. When a motor vehicle accident occurs while you are working, you should report the wreck and the injury to your employer. Your employer then has an obligation to notify its workers’ compensation carrier. The workers’ compensation carrier will then arrange for your treatment to take place.

What Is Considered “On The Job?”

Keep in mind that driving to and from work is not considered “on the clock” and is generally NOT considered a worker’s compensation injury.  This is also true for lunch breaks and other breaks where you are not being paid at the time of the wreck.  Sometimes however if you are on a special errand for work and you are combining that with a lunch break or you are doing something for work on the way home, then it could be a worker’s compensation injury.

How Does Worker’s Compensation Work?

Consideration of the potential for worker’s compensation involvement is critical to your motor vehicle accident case. If you are the victim of a car wreck in Florida and you are working, all other insurance companies (including the at-fault driver’s insurance) will be expecting your medical bills to be paid by worker’s compensation. The at-fault driver’s insurance will not be required to pay the medical bills as the primary payor since the law requires the worker’s compensation carrier to pay those bills. If worker’s compensation is not involved when it should be, the at-fault driver’s insurance will argue that they are not liable for medical expenses because they should have been submitted to worker’s compensation.

Many Florida car wreck victims do not realize that worker’s compensation should be involved since they are usually not at their workplace when the wreck happens. Some employers do not understand that employees injured in car wrecks are actually suffering an “on the job” injury if they are on the clock at the time of the wreck. This is a critical issue and sometimes it requires that the employee direct their employer to notify the worker’s compensation carrier.

Do Not Delay Notifying Your Employer of the Accident and Injury.

Until the worker’s compensation carrier is involved, medical treatment will be delayed. This is sometimes not in the injured party’s best interest, and they are required to use their PIP coverage to get emergency care. These items need to be addressed at the outset of a case and must be handled properly or it could cause issues with both the car wreck case and the worker’s compensation case.

HOW LONG AFTER AN ACCIDENT DO I HAVE TO REPORT IT TO MY EMPLOYER?

You should report it as soon as possible but no later than thirty (30) days or your claim may be denied.

Reference: Section 440.185, Florida Statutes

WATCH OUR YOUTUBE VIDEO  >

Learn More About What To Do If You Are In An Accident From Our Car Wreck Checklist >

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

If you or a loved one is injured in a car wreck while “on the job” feel free to reach out to our firm for a free consultation at zarzaurlaw.com or 855HireJoe.

Sources:

https://www.myfloridacfo.com/division/wc/

https://www.myfloridacfo.com/division/wc/employee/faq.htm

https://www.cdc.gov/niosh/motorvehicle/resources/crashdata/facts.html

 

I Rented A Golf Cart And Was Involved In A Dangerous Wreck – What Next?

golf cart accident Pensacola

If you have visited any tourist destinations in Florida or any resort community living environment, you have seen these vehicles on the road. Several years ago, the Florida legislature passed a statute that allowed golf cart access to certain roadways. The law states that such vehicles must meet basic visibility and speed standards before they can be classified as “low-speed vehicles,” but if they do, they can be used on certain public roads. Keep reading to learn more about what to do when there is a golf cart accident.

What Is An LSV?

Section 320.01(41), Florida Statutes, defines LSVs as “any four-wheeled vehicle whose top speed is greater than 20 miles per hour, but not greater than 25 miles per hour.”  LSVs must be registered, titled and insured with personal injury protection (PIP) and property damage liability (PDL) insurance. Any person operating an LSV must have a valid driver license in their immediate possession.

LSVs may be operated only on streets where the posted speed limit is 35 MPH or less and must be equipped with the following safety equipment:

  • Headlamps;
  • Front and rear turn signals;
  • Stop lamps;
  • Tail lamps;
  • Reflex reflectors, red – one each side and one on the rear;
  • Exterior mirror on the driver side and an interior rear-view mirror or exterior mirror on passenger side;
  • Parking brake;
  • Windshield;
  • Seat belt for each designated seat; and a
  • Vehicle identification number (VIN).

Golf Carts

Golf carts are defined in section 320.01(22), Florida Statutes, as “a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.” Golf carts may be operated on roadways that are designated for golf carts with a posted speed limit of 30 mph or less. Golf carts may also cross a portion of a county road which intersects a roadway that is approved for golf carts, or that intersects a golf course or mobile home park. In both examples, the roadway should have signs posted that golf carts share the roadway. The operation of golf carts on roads must comply with any more restrictive ordinances enacted by the local government and should be verified prior to operating these vehicles.

Golf carts are not required to be titled or registered and, therefore, are not required to be insured with PIP. Golf cart operators are not required to have a driver’s license; however, to operate a golf cart on designated public roadways, a person must be 14 years or older.

Issues With Low-Speed Vehicles

Here is the issue with these low-speed vehicles: not only can they cause a golf cart accident, but they also are not safe on roads that are predominately comprised of regular vehicle traffic. If the roadway is not mostly full-sized vehicles, then it seems more appropriate to consider the limited use of these low-speed vehicles. 

However, resort towns are the worst for even regular vehicle collisions since people are not familiar with the roads or directions and are typically distracted by sightseeing or confusion.

A Dangerous Novelty

So if you know that tourist roadways are already a dangerous place to drive, even in a full-sized car, and you add to these roadways (many less visible vehicles), it could spell disaster. Then, considering these low-speed vehicles offer basically no protection from a collision with a full-sized vehicle, it should make the decision easy to reject outright. But people are on vacation, and they want to feel like they are on vacation. They want their families to have experiences that they would not be able to have at home.

Perhaps, they feel that riding a golf cart on a street that is covered with full-sized vehicles is such a novelty that it is too much to pass up. We would suggest that you also consider what is likely to happen to you and your family even if there is a low-speed collision with a full-sized vehicle.

What Happens In An Accident? 

What is likely to happen is that the golf cart or scoot coupe will be launched forward and perhaps over. The scoot coupe or golf cart will likely be crushed, and your family will have little protection from the crash. These vehicles (scoot coupes, golf carts) are not subject to testing for safety purposes. The National Highway Traffic Safety Administration (NHTSA) is not dedicated to studying crash data between cars and golf carts or scoot coupes.

No Safety Features

Our country has made such great advances in vehicle safety in the last decade. These safety features include airbags, automated driving functions, blind spot warnings, and other features meant to help drivers avoid collisions or protect them once a collision occurs. Then we decide to go backward and allow the most unsafe vehicles on the road, along with cars and trucks. It almost defies logic.

Just Because It Is Legal Doesn’t Mean It Is Safe

Florida’s laws are controlled, in large part, by tourism interests. If the tourist lobby supports a law, it will likely get through the legislature. Just because it’s legal doesn’t mean that it is safe. This is a prime example of that statement.

In the event that you or a loved one is involved in a collision between a low-speed vehicle and a car or truck, you have rights that need to be protected. Your car insurance may apply in this case, and the other driver’s car insurance will also likely apply. The rental agency may also share in the responsibility if the golf cart was not street legal or wasn’t actually a low-speed vehicle. If you are in need of a free consultation about one of these low speed vehicle, golf cart, or scoot coup collisions, our firm is available 24/7 and on weekends at zarzaurlaw.com or 855Hirejoe.

WATCH OUR YOUTUBE VIDEO  >


Learn More About What To Do If You Are In An Accident From Our Car Wreck Checklist >


Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

Sources:

Car Wreck Checklist

https://www.flhsmv.gov/?s=low+speed+vehicle+accidents

https://www.flhsmv.gov/pdf/crashreports/crash_facts_2019_ada.pdf

Bicycle Wreck Checklist

bicycle accident checklistAccording to the latest figures from the National Highway Traffic Safety Administration, Florida is the deadliest state in the country for bicycle accidents. In all, 846 bicyclists were killed in the United States, with Florida taking the lead with 161 deaths.

Most jurisdictions, whether state, county, or city, have some form of “bike law(s)” that apply to both motorists and cyclists. Understanding those laws is a great first step for many and should be reviewed on a regular basis by seasoned cyclists regardless of the purpose of the endeavor: recreation, commuting, etc.

Bicycle vs. Car Accident

In these situations, it is far more likely that the cyclist will be significantly injured. In fact, Florida has the highest rate of bicycle accident deaths in the US (0.75 per 100,000 residents versus the national average of 0.26). A higher number of bicycles on the road surely plays a part in this statistic.

Steps to Avoiding An Accident With A Vehicle

This is along the lines of what is in the personal control of the cyclist, and much of this is also addressed by bike laws:

  • A tuned, functional, and road-fit bicycle (brakes, reflectors)
  • Adequate safety lights (forward and backward facing)
  • A safe helmet intended for bicycle use
  • Bright or reflective attire
  • Eyewear for the weather or daylight conditions.

Proper planning is also in the control of the cyclist, though not mandated by bike laws:

  • Choosing a well-lit route
  • Choosing roadways with fewer obstacles such as crossroads, driveways, and construction zones
  • Avoiding dawn and dusk riding when a blinding sun may be on the horizon… The list could go on depending on the specifics of the cycling location chosen.

These factors, combined with the notion of respecting the rules of the road and anticipating vehicles and other pedestrians (“riding defensively”), are a fantastic frame for controlling what can be controlled to the best of the ability of the cyclist.

bicycle wreck checklistIn the unfortunate event that a motorist versus cyclist accident does occur, this should be treated much like any other motor vehicle accident involving cars-attention to the health, safety, and wellness of those involved with immediate deployment of emergency medical personnel and law enforcement. Documentation of the scene (photos), notation of or digital voice memos regarding the incident (document the weather and road conditions, time of day, identification of all parties and vehicles involved (first and last name, phone number, dates of birth, vehicle make/model/color, license plate or tag numbers), identification of any witnesses to the event (first and last name, contact information), documentation of any bodily injuries, including damage to property

Bicycle Accident Checklist

1. Call the police and report the accident (even if you don’t think you are hurt).

2. Pay attention to and remember what the other party says about how the accident occurred.

3. Preserve the condition of your bike, helmet, clothing, lighting, and other property.

4. Report the crash to your own car insurance company as soon as possible. Florida is a no-fault state when it comes to accident claims (let your lawyer deal with the at-fault party and their insurance company).

5. Personal Injury Protection. Under Florida law, your car insurance is “primary” for your medical bills.  Allow the ER or hospital to bill you through your car insurance.

6. Keep documentation of the accident. Police report, photos of the bike (etc.), the scene, surroundings, other party’s vehicle

7. Keep track of injuries.

8. Don’t discuss the accident on social media.

9. Consult a personal injury lawyer that specializes in bicycle accidents in Florida.

10. Always remember: you are invisible on a bicycle.

Seek Medical Care (even if you think the injury is minor)

Seeking medical care for a thorough assessment by a qualified medical professional (emergency department, urgent care, primary care provider, medical specialist) should not be overlooked or delayed.

The most common injuries, such as skin abrasions (i.e., road rash), may be a harbinger of an underlying injury such as fractures, dislocations, cardiopulmonary or vascular injury, or disrupted tendons/ligaments, while a broken helmet could be an indication that an evaluation for intracranial, neck, or cervical spine injury may be warranted.

Test Your Bike Law Knowledge

Test your knowledge

https://flbikesafetyquiz.com

For more information review the links below and research the organizations specific to your locale:

CDC Bicycle Safety

https://www.cdc.gov/transportationsafety/bicycle/index.html

2021 Florida Statutes – 316.2065:  Bicycle regulations

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.2065.html

Florida Bicycle Association

https://floridabicycle.org

Bike Pensacola

https://www.bikepensacola.org/

West Florida Wheelmen

https://www.westfloridawheelmen.org/advocacy

Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If you’ve been the victim of a bicycle accident involving a vehicle, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

Sources:

https://media.acg.aaa.com//content/1205/files/2019%20Q2%20Consumer%20Pulse_Bicycle%20Safety.pdf

2019 data release – published October 2021

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813197

https://divingdaily.com/2022/04/24/5-bicycle-safety-tips-every-rider-should-know/

Big Truck Wrecks, Why Are These Cases So Different?

18-wheelers, big trucks, semi-trucks, however you may refer to them, they are all potentially deadly when coupled with careless operators. When these Big Trucks wreck, they usually have life and death consequences. For this reason, trucking company insurance companies treat every collision in a much different manner than regular automobile insurance companies.

Big Truck Insurance Company’s Accident Response

For example, if you are involved in a wreck between passenger vehicles and the insurance companies are just typical automobile insurance carriers like State Farm or Progressive, they will rarely visit the scene and even less rarely hire law firms to assist with the accident investigation. Big truck insurance companies, however, do both. As soon as a Big Truck insurance company learns that a wreck has occurred, they will immediately dispatch an investigator to the scene of the collision. Within hours or a day or so, they will also usually hire a local law firm to help coordinate the investigation.

Big Truck Insurance Company Investigation

Having an investigation conducted before the injured parties even know the extent of their injuries gives the Big Truck’s insurance company a huge advantage over the evidence in the case. Having a law firm involved early also protects this information from being discovered later since investigations performed in anticipation of litigation are privileged and do not have to be disclosed to any opposing party.

The timing of the investigation is important in these big truck wrecks since the physical evidence and witness testimony will remain fresh for only so long. The sooner an investigation can be conducted, the more reliable the information will be for those conducting the review.


WHAT CAUSES MOST TRUCK ACCIDENTS?

According to truck accident statistics, a great majority of these accidents occur due to mechanical difficulties, especially those related to tires or brakes. Other than that, most accidents are caused by driver fatigue, lack of information regarding the route, as well as job pressure and aggressive driving.


Why It Is imperative For Injured Parties To Also Have An Investigation Done.

Since the Big Truck insurance companies are responding immediately, it is imperative that the families of injured victims also respond as quickly as possible. Ideally, the injured party wants to have an investigation conducted at the same time. If the injured party can get on the scene at least as fast as the big truck insurance company, then it will assure equal opportunities to discover and preserve the evidence and witness statements.

Witnesses and Video Evidence

These days, video evidence is also prevalent. Nearby businesses and vehicles close to the scene of the wreck are all potential sources for video evidence. These sources, however, will remain intact forever. Most systems will record over videos within a week, sometimes less. This means the investigation must contact these potential sources within the first several days following a wreck. As you can imagine, the footage from these big truck collisions can be quite compelling. If the footage is not helpful to the trucking company, you can bet it very well may never see the light of day. If, however, the injured party has their investigator working at the same time, there is less of an opportunity for any improper evidence collection (or destruction).

Five Must-Know Facts About Truck Accidents

  1. A 52% increase in these accidents has been noted since 2009.
  2. 74% of all fatal passenger vehicle cases include a large truck.
  3. Tire defects account for around 30% (the most common cause) of all truck-related accidents.
  4. Most of these accidents occur during the day — between noon and 3 PM, up to 19%.
  5. 68% of all truck fatalities are passenger vehicle occupants.

If you or a loved one is a victim of a big truck wreck, it is vital that you hire a law firm that has experience with these wrecks. This experience will bring with it a law firm investigator that will be on the scene and hopefully be there before the big truck insurance company’s investigator and law firm show up. Feel free to contact our firm at zarzaurlaw.com or 855Hirejoe.

WATCH OUR YOUTUBE VIDEO  >


Learn More About What To Do If You Are In An Accident From Our Car Wreck Checklist >


Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

Sources:

Car Wreck Checklist

https://www.nolo.com/legal-encyclopedia/florida-car-accident-laws.html

https://www.iihs.org/topics/fatality-statistics/detail/large-trucks

https://www.iihs.org/topics/fatality-statistics/detail/large-trucks

24 Disturbing Truck Accident Statistics (2022 Edition)

At Fault Driver Says It’s My Fault, What Do I Do?

at fault driver in car wreck

A very common issue and question – “I was involved in a car wreck with serious injuries and the other party is claiming it was my fault. Do I need a lawyer?”
The short answer is YES, but here’s some important information you will need to know.

Importance Of The Police Report

One of the main pieces of advice that we offer is to always get a police report following a wreck. Despite this admonition, many people involved in wrecks choose for convenience or because they think it is not necessary to wait for the police to come and do an accident investigation.

This means that once the parties leave the scene, there is no official record of what happened. There are only competing recollections offered by the two interested parties in a collision.


NO POLICE REPORT = NO OFFICIAL RECORD OF WHAT HAPPENED IN THE CAR ACCIDENT.


The Insurance Company Is NOT On Your Side

The insurance companies will always suggest that their insured is not responsible or will suggest that at least some responsibility lies with the other party. They will nearly always make this argument when they learn that there is no official wreck report.

As we have noted in several other blogs, insurance companies do not exist for the greater good. They exist to make money. To be exact, their main mission is to retain as much money as they can from the billions in premiums they collect each year. If they learn that there is a way to argue that a collision was not their insured’s fault, they will seize that opportunity because it will likely save them money.

An Evidentiary Battle

If you find yourself in a situation where the other party is now suggesting that you (the victim) are to blame for the collision, this will now become an evidentiary battle. It will be your account versus their account and, without more, each party will bear 50% responsibility for the event.

Without a wreck report, it will be imperative to seek out sources of independent evidence like witnesses or video footage that may have captured the event.

Steps to Take if You Don’t Have a Police Report

Having a police report form immediately after the wreck is very helpful, but the lack of a report is not fatal to your case.
A police officer who investigates a wreck and cites one party for a driving violation can be powerful evidence that the defendant driver is actually at fault. For instance, a defendant driver’s finding or admission of guilt in a citation hearing can be used as evidence of fault in a related injury case. However, because the officer most likely did not see the wreck occur, the report itself is hearsay and may not be admitted as actual evidence

Physical Evidence And Witness Testimony
If a police report is not available, you can still prove that the other driver was at fault, but the case moves into more of a “he-said, she-said” case. In this situation, you will have to rely on the physical evidence and witness testimony. For instance, you can prove fault by showing that the at-fault driver rear-ended you, which gives rise to a presumption that they were at fault. You can prove fault by testimony from other drivers who saw the accident and stopped to render aid.

Qualified Expert
Finally, in extreme circumstances, you can prove fault by hiring an qualified expert in accident reconstruction, who can show fault through complicated models that recreate the scene of the accident.

Only experienced lawyers are capable of navigating this process. Potential clients shouldn’t just hire any lawyer. Not all lawyers are equal in their training and qualifications. The Florida Bar does not typically allow lawyers to hold themselves out as “experts.” However, the Bar does allow lawyers who have extensive experience in personal injury and tort cases to become specialists in civil trial. Only one percent of Florida lawyers have this certification. Three out of the four lawyers on staff at Zarzaur Law, P.A. are Board Certified in Civil Trial.

So, when potential clients ask us about whether or when to hire a lawyer after an accident, we remind them that only a Board Certified civil trial lawyer is a specialist in this area of the law. Since all injury lawyers have the same “no fee no cost unless you win” payout structure, there is no reason to hire someone who is not a specialist.

WATCH OUR YOUTUBE VIDEO  >


Learn More About What To Do If You Are In An Accident From Our Car Wreck Checklist >


Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

Sources:

Car Wreck Checklist

https://www.nolo.com/legal-encyclopedia/florida-car-accident-laws.html