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Bagen Law Blog

Local Bicyclist Struck by Drunk Driver

Posted by Steven A. Bagen

Apr 15, 2014 11:44:00 AM

Last Saturday night, around 10:00 p.m. a drunk driver struck and injured a bicyclist who has been identified as Ali Lauren Brody, 21, of Gainesville.   Ali was riding her bicycle on West University Avenue when Kirtley Stephen Davis, 21,  slammed into her.  Davis then fled the scene of the accident and turned onto Southwest 13th Street where he struck a vehicle stopped for a traffic light at Museum Road.  Davis’ blood alcohol level was between .308 and .313 which is almost four times the legal limit in Florida.  Davis was arrested and charged with misdemeanor DUI, DUI with serious bodily injury and failure to stop or remain at a crash involving injury which is a third degree felony in the State of Florida.   

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Topics: Bicycle Accidents, News

The Fort Hood Shooting: Premises Liability

Posted by Steven A. Bagen

Apr 14, 2014 10:27:00 AM

Another tragedy played out at Fort Hood recently when another mentally ill person killed and wounded several victims in a shooting at Fort Hood.

Obviously, the overwhelming majority of these crimes cannot be prevented, because the perpetrators are using illegal weapons, have a long history of severe mental illness, etc. But, what about those mass shootings that are preventable or foreseeable? Can a business owner or premises owner be held liable for crimes committed on the premises? 
The answer is yes!  Under certain circumstances, a business owner or premises owner can be found liable for criminal activities, deaths, assaults, and damages. 
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Topics: News, Personal Injury Law, Premises Liability

Tips for Driving in Florida's Inclement Weather

Posted by Steven A. Bagen

Apr 3, 2014 2:59:00 PM

It is always important to be very conscientious when driving in inclement weather. An issue that may ordinarily be small can cause a big disaster. Good driving habits in harsh weather are necessary to avoidaccidents for short or long trips. Whether you're a driver of a motorcycle, big rig or anything in between, reviewing safety information is a good idea for drivers of all ages. Inclement weather should not be taken lightly.

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Topics: Car Accidents, Motorcycle Accidents, Bicycle Accidents, Truck Accidents

Florida's I-75

Posted by Steven A. Bagen

Mar 25, 2014 10:13:00 AM

As we drive up and down I-75 on our daily commutes, we see far too many accidents happening. Unfortunately, many of those accidents are ending in fatalities. In 2010, Florida’s stretch of the national interstate was voted as the 15th deadliest highway in the country. Gainesville and other central Florida drivers have been demanding for modifications to be made to I-75 and sadly, it has taken a countless amount of accident victims to really steer attention towards the issue. The imperative question on the minds of all of Florida’s I-75 drivers is … what is being done to solve the problems with I-75?

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Topics: Car Accidents, Construction Accidents, I-75

Staying Safe During Spring Break

Posted by Steven A. Bagen

Mar 10, 2014 3:56:00 PM

Spring break is a huge time for people, especially students, to head out on vacation for much needed R&R. You and your friends will be heading out to popular destination spots such as Daytona Beach, Florida for parties and beautiful beaches. When you head out on the road, you should keep your safety in mind. Spring break is often associated with risky behavior. Make safe choices during your vacation and follow these helpful tips and guidelines.  

Boating Tips

A day out on a boat can be a lot of fun. However, you need to remember to boat carefully and responsibly.Boating accidents are often caused by negligence and careless operation. While you and your friends are enjoying your Florida spring break, keep in mind these safe boating tips:

  • Never operate a boat while under the influence
  • Obey speeding zones
  • Don't operate a boat recklessly
  • Don't cause large wakes in calm areas
  • Keep a safe distance between boats
  • Keep a look out for people in the water
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Topics: Car Accidents, Bicycle Accidents, Boating Accidents, Drinking and Driving

Motorcycle Safety Checklist

Posted by Steven A. Bagen

Feb 25, 2014 4:00:00 PM

Motorcyclists will soon be heading to Central Florida for Daytona's bike week. This annual event, now in its 73rd year, attracts motorcyclists from around the country and is known as the world’s largest motorcycle event. This year’s event takes place from March 7 to March 16 and is expected once again to draw a large crowd. It is easy to forget that motorcycle accidents can happen anywhere, even among the many experienced riders who will be attending Bike Week. For this reason, it is important for both riders and spectators to brush up on some some of the Motorcycle Safety Foundation’s tips before participating in any Bike Week festivities.  

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Topics: motorcycle

The Reality of Florida's Texting and Driving Law

Posted by Steven A. Bagen

Feb 7, 2014 12:30:00 PM

We are now five months into Florida’s texting and driving law, but just how effective is it? Many Floridian motorists are still unaware of what the law’s details are. Many drivers do not take the law seriously. Since we still see accidents on our daily commutes, it is questionable whether or not the ban on texting has truly made a difference in our state. The lawyers at Steven A. Bagen & Associates are here to help you understand the current guidelines and future possibilities of Florida’s texting and driving law.

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Details of the Law

On October 1, 2013, Florida became the 40th state to pass the ban on texting and driving. In 37 states, texting and driving is a primary offense but Florida is not one of those states. For us, this is only a secondary offense. This means a driver has to be stopped for a separate traffic violation before a texting and driving violation can be issued. Drivers cannot be pulled over for solely texting and driving. There are exemptions to receiving the $30 ticket. The law does not prohibit all cell phone use while driving. Therefore, devices can still be used for phone calls, voice talk-to-text functions, GPS navigation and music. Texting is still permitted as long as the car is not in motion. For instance, it is legal to text if a driver is sitting at a red light or in a rush hour traffic jam.
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Topics: Driving and Texting

Settling Personal Injury Claims For Minors

Posted by Steven A. Bagen

Jan 30, 2014 9:32:00 AM

Unfortunately minors are just as likely to be victims to injuries caused by negligence as adults. Luckily, like adults, minors also have recourse. While they may not be able to bring their own claim, their guardian may bring a personal injury claim on their behalf if a minor is involved in an accident. 

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Topics: personal injury cases for minors

How to Collect Evidence in an Accident

Posted by Steven A. Bagen

Jan 27, 2014 11:11:00 AM

The best means of documenting auto accident damage is adopting the mindset of an investigator hot on the trail of a breaking news story. Gather as much information as you can about the incident. The more evidence you are able to collect, the better off you will be when it comes to trying to get compensation from the insurance company regarding the damage your car sustained.

Document Any Damages Using Pictures

Pictures are worth a thousand words, potentially even a thousand dollars when it comes to gathering evidence from the crash scene. The insurance company claims adjuster is going to do everything he or she can to make your settlement as little as possible. They have numerous ways to do this, such as questioning any evidence that you present in the accident reports. Thanks to a slip & fall attorney in Ocala, FL, you can have someone who is working in your favor to make sure you receive everything you are entitled to and more. Steven A. Bagen Law Firm has offices in Gainesville and Ocala, Florida.

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Topics: Car Accidents, Bicycle Accidents, Boating Accidents

Insurance Fraud in Florida

Posted by Steven A. Bagen

Jan 24, 2014 9:56:00 AM

When most people think of insurance fraud, they think of unscrupulous people scamming companies by filing fraudulent claims. But there is another side of insurance fraud, one that directly affects innocent people like you. These types of schemes and scams drive up your insurance rates and worse: create unsafe conditions that can leave you hurt, maimed or even dead. When searching for an attorney for personal injury cases, Gainesville residents should make sure that they speak with a lawyer who is well-versed in all types of insurance fraud so that you will receive every penny you are entitled to. Steven A. Bagen Law Firm is a personal injury law firm with offices in Gainesville and Ocala, Florida.

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Topics: Insurance Company, insurance fraud