Bagen Law Blog

How do I know if I am a personal injury victim?

There are two general guidelines to determine if you are a personal injury victim. First, you must have sustained injury to your person or property. The other qualifying factor is that this harm was inflicted by someone other than yourself.

Many personal injury claims slip through the cracks because victims are ignorant to the fact that a personal injury claim does not have to be physical. For example, if you have been assaulted, there does not have to be physical proof; there just must exist sufficient evidence that the assailant intended harm. Furthermore, cases where slander causes emotional distress can also present a valid personal injury case.

Gainesville has recently received negative publicity following a devastating pile up on I-75 that resulted in the death of ten people as well as the hospitalization of 18. This isolated incident is just one example of the increased rate of auto accidents in the area, and residents are desperately searching for answers as to why this is occurring.

One common hindrance in the Gainesville area is the low visibility during morning driving. Early morning fog is prevalent in this area, and it can significantly affect a driver's ability to see what lies ahead. In the case of the recent pile up, a mixture of smoke and fog prevented unsuspecting drivers from seeing the danger that was right ahead of them.

Floridians are demanding reform for personal injury protection (PIP) due to an increase in fraudulent claims. Governor Rick Scott and SEO Jeff Atwater joined a band of consumers, business leaders, law enforcement officials, and concerned citizens in Tallahassee on January 25, 2011 to discuss the need to “put the brakes on accident fraud and abuse.”
According to a joint statement filed by the concern parties, “PIP [is] is the domain of those who exploit the broken system in order to enrich themselves at the expense of consumers – further illustrating the the PIP system is long overdue for meaningful reform and the Legislature must act this session to end the nearly $1 billion fraud tax and stop accident fraud.”
The coalition to fight PIP fraud urged lawmakers to include the following reforms in a final bills:

It’s scary to let go, hand your child your car keys, and wave goodbye. You have been driving for some time so you understand the dangers and perils out there on the road ahead. How do you explain that to a teenager who knows everything?

Driving is not what it used to be when you first learned how to. The introduction of smart phones and texting has increased the risks by a staggering amount. Just how much? According to statistics provided by NegligentDriving.org, distracted driving is the number one killer of American teens. While 90% of teens admit that they don’t drink and drive, nine out of 10 say they have seen passengers distracting the drivers or drivers using cell phones.

A Jacksonville man was charged with drunk driving and a hit and run accident. Oscar Adolfo Gomez was driving with his children, ages 5, 6 and 9. Police said that they stopped Gomez because he was weaving all over the road around 9 p.m. on Friday. When police questioned him after being pulled over,they noticed the strong alcohol odor and slurred speech. They also matched his car to the same one that was involved in a hit and run accident earlier that evening.

We all know that college football is huge in the Gainesville area. Tailgating, drinking, and celebrating are a huge part of the activities that go on around University of Florida`s campus during this time of year and staying safe after a big game, takes planning ahead. From allowing enough time for your tailgating grill to cool down before heading into the game or planning a designated driver to avoid being put under the pressure to drink and drive.  Younger people are more at risk to be involved in an alcohol related accident than older people.  If you plan on driving to the game and tailgating before, plan to have a designated driver to drive the vehicle home, or go knowingly you will leave your vehicle after the game and find a safe ride home.
Do not get a ride home from someone who has been drinking even if they say they are okay to drive. If you have any suspicion of the driver being intoxicated; find a new ride. Just because you aren’t the one driving does not make it any safer. Reports have shown that at least half of the deaths that have occurred due to drinking and driving accident, were the passengers in the vehicles. Always keep the local taxi cab phone numbers available in your phone, stay close to the public bus routes, and check with the university to see if they offer other options for safe rides home.  Remember, driving under the influence is no way to celebrate a big win.

A motorcyclist is accused of leading a high-speed chase through three counties at speeds up to 130 mph. A high-speed chase that resulted in the man and his female passenger in the hospital before his arrest.

A new study developed by the University of Michigan found that car accidents are mostly caused by women. Researchers studied thousands of traffic accidents over a 20-year time span. The results are surprising: female drivers are far more likely to run into a car driven by another woman than a man.

According to a new report released by Transportation for America, 11.1% of pedestrians and 17.4% of bicyclists were killed in Florida making it one of the deadliest states for walkers and bikers.

Technology has undoubtedly changed the world we live in. If you want to communicate with your friends as to your day or your plans that night, you more often than not use a social networking site as means of getting the word out. However, your social networking of choice could also be your biggest obstruction when you decide to pursue a personal injury claim.