Florida Car Accident Lawyer Blog

According to the Florida Division of Insurance Fraud's south division, scam artists in Florida are staging fake Florida pedestrian accidents and car accidents in a bid in order to defraud the insurance industry. The insurance industry has been taking steps to fight the fraud, even closing down Miami-Dade clinics linked to insurance fraud.

The National Insurance Crime Bureau reports that South Florida is leading the US for Personal Injury Protection (PIP) insurance fraud, behind only Tampa Bay. Insurers have been pressuring legislators in Florida to pass tough new laws which would crack down on insurance fraud. Insurers want to see tougher penalties for fraudsters and stricter regulation of medical clinics to help combat the problem. However, some experts questions whether laws alone will help. Staging a Florida car accident to commit insurance fraud is currently a second-degree felony in Florida.

In Florida, all motorists are required to have Personal Injury Protection (PIP) insurance. This protection covers up to $10 000 in medical bills in the event of an accident and is designed to help ensure that injured parties can get medical help quickly and affordably without having to go to court to recover the costs. In Florida, PIP is no-fault, meaning that injured parties receive the money regardless of who was at fault in an accident. Unfortunately, this no-fault clause also makes insurers susceptible to fraudsters, who do not have to extensively prove illness to get the money.

There are many ways that insurance fraudsters defraud insurers. In some cases, companies coach “victims” on how to describe injuries to insurance companies in order to get the money. In other cases, fraudsters are involved in complex networks of attorneys, clinics, and mechanics in order to stage accidents that have never taken place. Since PIP claims must be paid within 30 days of an accident, it is hard for insurers to separate fake claims from genuine ones.

Unfortunately, it is the real victims of Florida car accidents that pay for the fraud. With insurance fraud such a concern, insurers charge all drivers more to cover the losses caused by fake claims. Currently, Florida has the fourth-highest car insurance premiums in the country, and the costs are expected to rise as fraud rises. According to experts, fraud costs the average driver an additional $400 in premium costs. As well, insurance companies may suspect genuinely injured victims of fraud and may delay payment, causing financial distress for injured parties. In some cases, fraudsters get innocent drivers involved in car accidents by purposely causing an accident and blaming the other driver for the collision. In these cases, the victimized driver may sustain serious injuries and may find their insurance premiums increasing through no fault of their own.

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According to the Florida Department of Highway Safety and Motor Vehicles, the number of fatal Florida car accidents in 2010 represented a thirty-year low, even though the population of the state has doubled. In 2010, Florida saw a 5% decrease in fatal car accidents, according to the Florida Department of Highway Safety and Motor Vehicles. 2009 saw 2,563 fatal Florida car accidents while 2010 had only 2,430.

Despite the good news, the Florida Department of Highway Safety and Motor Vehicles warns that car accidents are still the leading cause of death for Florida residents between the ages of 5 and 34. Despite this, experts at the Florida Department of Highway Safety and Motor Vehicles believe that a number of factors have caused lower numbers of accidents:

1) Seat belt use. According to the Florida Department of Highway Safety and Motor Vehicles, more motorists are using seat belts. This is key in preventing fatal car crashes, according to experts, since seat belts help prevent serious Florida brain injuries and spinal cord injuries in an accident, making accident victims more likely to survive accidents.

2) Stricter laws. Florida has passed many new laws over the past thirty years to help prevent Florida drunk driving accidents and other types of accidents. Penalties for DUI, for example, have increased while new laws have been implemented to help stop aggressive driving and dangerous driving.

3) Awareness programs. The Florida Department of Highway Safety and Motor Vehicles as well as local law enforcement have a number of awareness programs to raise knowledge about seat belt use, drunk driving dangers, and other important driving rules. Awareness programs are important in reminding drivers to stay safe. In many cases, law enforcement agencies combine awareness programs with enforcement programs designed to catch and remove dangerous drivers from the roads.

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In Florida, there is no ban on using cell phones and driving. Even so, many drivers are switching to phone applications which allow them to text hands-free. The applications read back text messages and allow drivers to deliver text messages by speaking their messages and then converting the audio file into text. However, police are worried that these phone applications may give drivers only the illusion of greater safety.

Police in Florida and across the country are worried about distracted driving. Distracted driving has been shown to decrease response times and cause accidents. In fact, many experts equate distracted driving accidents with Florida drunk driving accidents – both distracted drivers and drunk drivers are dangerous because they have poor motor skills and cannot focus on the road in a safe manner.

Cell phones are considered a key distraction, because during texting drivers must avert their eyes from the road for several seconds at a time – more than enough time to cause a serious Florida pedestrian accident or traffic accident. There are now five apps on the market which can covert texts into voicemail and spoken messages into texts. The apps are legal in every state because they do not require a driver to hold their device while driving. However, experts worry that the apps are just another way for distracted drivers to drive distracted.

Customers have responded well to the apps, some claiming that they have no time to pull over to send a text or place a call. Some also say that the apps are a more realistic option for distracted driving. Indeed, many polls and studies seem to suggest that some drivers will continue to try to text and drive or talk and drive. The apps at least ensure that their eyes stay on the road and their hands stay on the wheel as they do so.

However, police officers and other experts say that distracted driving is more about the mind than it is about just the hands and eyes. Even with a handless device, drivers can easily become distracted by their phone conversations or text messages and can still easily cause an accident. Some even worry that the new technology itself may be a distraction to drivers.

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According to 2010 statistics from the National Law Enforcement Officers Memorial Fund, Florida ranks fourth – only behind Texas, California, and Illinois – for the number of law enforcement fatalities. Nationwide, the rate of law enforcement fatalities rose 40% between 2009 and 2010. In some cases, fatalities occurred as a result of gun violence. For example, three police officers were killed by gunfire in Florida while making traffic stops.

However, Florida car accidents and traffic fatalities seem to contribute significantly to police fatalities. Out of 160 law enforcement deaths cross the country, 73 police officers lost their lives in traffic accidents and many more were seriously injured. According to experts, the reason for the high accident rate is because police officers are often asked to speed and make dangerous decisions behind the wheel of cruisers for public safety. For example, to stop a dangerous criminal, police may engage in a chase. Unfortunately, driving at high speeds can easily lead to accidents and can also harm bystanders.

According to driver experts, the increased number of distracted drivers and heavier traffic make car accidents more likely for everyone, especially for law enforcement professionals, who may significant amounts of time driving as part of their work. Some experts have even questioned whether the presence of computers in police cruisers is not contributing to accidents by distracting law enforcement officers.

Many driving trainers offering driving instruction to police officers and many departments across the country are instituting new rules about police chases in order to enhance public safety. However, in some cases, the danger to the public is greater than the danger of pursuing a suspect. In these cases, police are obligated to pursue a suspect, even if he or she uses dangerous driving and aggressive driving that makes the chase dangerous to police and the public alike.

In the past, some cities in Florida have suggested charging a “crash tax” to the insurance companies of drivers who cause accidents. Currently, a number of cities across the nation charge such a fee, which ranges from about $500 to $2,000, on average. Lately, Tampa has been contemplating such a move.

Tampa Councilman Curtis Stokes is one of the individuals who supports such a fee. In the media, he has noted that currently clean-up costs after an accident are absorbed by a city and its taxpayers, while such a fee scheduled would ensure that the expense of clean-up would go towards the insurance costs of the at-fault driver. The money from the insurance providers, he believes, could be placed in a trust fund to help pay for related Florida car accident expenses, such as public safety expenses.

A law signed in 2009 by Gov. Charlie Crist may pose a legal challenge to such a fee. That law effectively bans fees levied for investigation or response costs. In the past few years, a number of states -- Oklahoma, Pennsylvania, Arkansas, Missouri, Georgia, Indiana, and Tennessee among them – have passed similar laws to protect drivers and insurance companies from such costs.

A number of South Florida cities, on the other hand, are working with contractors to recover costs associated with fire-rescue services provided at Florida car accident scenes. Collection agencies, consultants, and private billing have also suggested to governments that they could build revenues by charging accident fees as well. Now that many governments are facing revenue issues and tightening belts, an added source of revenue is very appealing.

Those who support the fees note that crash taxes ensure that those who are responsible for Florida car accidents contribute to the costs of the accidents. Supporters also note that such fees increase city revenues while reducing the burden on the tax payer. Further, there have been claims made that such fees would add to the financial burden of at-fault drivers, making drivers more cautious on the roads. Opponents of the fees note that insurance companies would pass the costs of the fees to insurance holders, potentially raising insurance costs for all drivers – not just those who cause accidents. They also note that such a move might not help reduce Florida pedestrian accident and car accident rates.

Since 2004, those seeking learners permit in Florida had the option of testing for their learners permit online. However, this option has been removed after officials discovered that over half of those who passed their learners permit test online could not pass the same test in person. The online learners permit test program officially ended with the close of 2010 after officials determined that the online testing option did not adequately test knowledge.

The change is meant to improve the safety standards for young drivers and new drivers. In 2009, a test of the online learners permit test was conducted when the Department of Motor Vehicles (DMV) re-tested 601 people in person. All of the examined persons had initialed passed their learners permit test online but 59% of these people were not able to answer enough basic rules-of-the-road questions in person to pass a learners permit test.

The online test was an additional source of revenue for Florida, with the state making up to three million dollars annually from the test. The online test was fee based, with applicants paying $20-$33 each for the option to take the test online. The in-person learners permit test has always been a no-cost option.

Police officers support the measure to enforce in-person testing for new drivers. Some have stated that the online option may encourage some applicants to cheat. As well, some police officers have expressed concern that those who cannot pass an in-person learners permit test may not have adequate knowledge of the rules of the road and may have a higher risk of causing Florida pedestrian accidents, car accidents, and other traffic accidents.

Now, applicants in Florida will need to pass their learners permit in persona at a tax collector’s office or at the Department of Motor Vehicles (DMV). It is unknown whether those who have already passed the test online will need to go through the process again. Currently, there are no reported studies to test the effects of online learners permit testing on Florida car accident rates.

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Even though graduated licensing and awareness campaigns exist to alert teens of the dangers of drunk driving and other dangerous behaviors behind the wheel, statistics show that many Florida car accidents involving teens are still highly preventable. In many cases, these accidents are caused by teens who speed, drive distracted, or drive drunk. Even though teens may know that such behaviors are wrong, they sometimes still engage in these behaviors.

Experts believe that lack of driving experience, emotional immaturity, and a belief that dangerous behaviors won’t result in serious consequences ensure that teens still engage in risky and dangerous driving. According to MADD (Mothers Against Drunk Driving) and other advocacy groups, it is important for parents to sit down with their teen drivers to discuss dangerous driving. These discussions should include:

1) Set rules. It is important for parents to set rules with their teens. Rules for teen drivers can include things such as “no drinking and driving,” “no cell phone use of any kind while driving,” and “no more than two passengers at a time” can be good places to start.

2) An explanation of how dangerous reckless driving can be. Even though teens may have heard about the dangers of using a cell phone, drinking and driving, and speeding, they need to hear about these things from their parents, too. Keep in mind that many teens feel “it can’t happen to me,” which is why they go ahead and engage in risky behaviors. As a result, it is important to show how Florida car accidents can happen to them. Show them graphically what can happen in an accident – have them chat with Florida burn injury victims or others who have been injured in an accident. Contact your local MADD chapter and law enforcement – they usually have community liaisons and educational materials you can share with your teens. Strive to make the dangers of car accidents real.

3) Repetition. It’s a message that is worth repeating. The more often your teen drivers hear about the dangers of speeding, distracted driving, and drinking and driving, the more likely they are to take the message seriously. Have more than one talk with your teens and arrange for MADD or local law enforcement to visit your teen’s school.

4) Consequences. Make sure that you discuss the consequences for your teen driver speeding, driving drunk, or driving distracted. Make it clear what you will need to do in the event that your teen does decide to drive unsafely. Your teen should know that there are consequences to dangerous driving – even when it does not cause an accident.

5) Options. Give your teen options to driving unsafely. For example, make sure your teen knows that they can always call you (and preferably a few other family members) to get a safe drive home when they need it – no questions asked. Repeat the message often. If your teens know that there is a safe alternative and there will be no punishment, they are more likely to make the safer choice.

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Just like quitting smoking or committing to a healthy lifestyle, making a resolution to stop texting and driving can make your life better in 2011. If you are still looking for a New Year’s resolution to commit to, commit to end distracted driving. While many in Florida are divided on the issue of texting bans or cell phone bans, the statistics don’t lie.

According to the Fatality Analysis Reporting System distracted driving caused by texting and driving has caused over 15,000 fatal auto accidents within six years. The Florida Senate has tried and failed to pass a ban on texting and driving. It is expected that the Senate will again attempt to pass the legislation in 2011.

However, there is a growing movement among drivers to stop distracted driving – with or without an official law. For example, Russ and Kim Hurd have become advocates for texting bans after their daughter Heather was killed by a distracted driver. This year, a part of U.S. 27 will be named the Heather Hurd Memorial Highway. The family is also fighting to pass Heather's Law, a which would ban text messaging and cell phone use while driving.

Some companies are also stepping up to stop distracted driving. For example, the government has banned texting and driving for employees. In November, Disney sent its employees a letter prohibiting them from texting and driving. Disney has noted that it could fire or fine employees caught texting and driving. Truck carriers have also largely banned texting and driving.

While many experts applaud the desire to stop texting and driving, however, they point out that many distracted driving accidents in Florida and across the country are caused by many types of distractions. Changing music, talking on the phone, having an emotional discussion with a passenger, eating, drinking, or putting on makeup can all cause a Florida car accident. If you want to make 2011 a better year, therefore, you might want to resolve to avoid all distracted driving. Keeping your eyes and your mind on the road may be the most important resolution you make.

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