Scott and Fenderson Law Blog

Client Closing Surveys and Thankfulness

At Scott and Fenderson, we pride ourselves in keeping our clients happy.  We subscribe to the motto "We want to exceed your expectations."  At the end of a case, we like to send out a Client Satisfaction Survey so that we can identify room for improvement and see what we are doing right.  We are so thankful for our clients and their feedback.  We are especially thankful when we receive Client Satisfaction Surveys back that indicate we're doing a great job!  I received one today that was checked "very satisfied" in every category, and the former client noted "All of your staff are 100% Pros.  Thanks a Thousand!"  Thanks to you too, our clients, thank you for the opportunity to help you and to feel that we have had a positive impact in your lives.  Happy Thanksgiving!

Safe Teen Driver's Young Driver's New Year's Resolutions

Young Drivers New Year’s Resolutions

The New Year is a great time for parents to revisit the rules and responsibilities of driving with their young driver. So why not take the opportunity to create New Year’s resolutions around safe driving. Or, if you haven’t already done so, use this as a chance to sign a driving contract with your teen, so he or she will know what’s expected of them.  

Here are Safe Teen Drivers Top Ten New Year’s Resolutions for Young Drivers

1. Wear a safety belt every time you get in a car.
2. Obey the speed limits and traffic laws.
3. Avoid driving with a friend until more experienced. And even then, limit the number of passengers.
4. Do not drive after drinking alcohol, taking prescription medication or taking any drug which might interfere with your ability to make good driving decisions.
5. Do not get in the car with anyone who has been drinking alcohol, taking prescription medication, doing any drug which could interfere with their ability to make good driving decisions.
6. Drive during daylight hours only when first learning to drive.
7. Avoid talking on the cell phone while driving.
8. Keep your grades up.
9. Maintain your car so it’s safe and reliable.
10. Accept that there are always consequences for failing to follow these resolutions.

And if you’d like to create a driving contract, visit http://www.safeteendriver.org/images/safeteendriver-drivingcontract.pdf.

Modified No Fault in Florida

If you have been injured in an automobile accident in Florida, then your PIP (Personal Injury Protection) coverage with your own automobile insurance carrier is primary for your medical bills and lost wages.  Typically, PIP coverage is $10,000.00 and pays 80% of your medical bills and 60% of your lost wages as well as travel expenses, prescriptions, and some other accident related expenses up to that limit of $10,000.00.  It is possible to get a $1,000.00 PIP deductible which means that the first $1,000.00 of expenses are applied to the deductible (translation: not paid by PIP) and then there is still $10,000.00 in PIP coverage available.  It is also possible to get Medical Payments added to your policy so that 100% of your medical bills are paid.  It is also possible to get a wage loss exclusion under PIP. 

If you have suffered permanent injuries or a significant loss of a bodily function or scarring or death as a result of an automobile accident, then you are entitled to make a claim for more than just your medical expenses to the at fault driver, you can make a claim for not only the remainder of your post medical expenses and lost wages, but also for your future medical expenses, future lost wages, lost earning capacity, loss of consortium for your spouse, mental anguish, loss of enjoyment of life, and pain and suffering and other damages.

If you have questions about how the No Fault System in Florida works, please feel free to call me, Kathryn Fenderson Scott, or email me at fenderlaw@aol.com with your questions.   

Scott & Fenderson Staff

Julie, Kelly, Kathryn Fenderson Scott, Charles Scott, Jodi, & Kimberly.

Pre-Existing Injuries Increase Bodily Injury

"Physical intolerance of the body to the traumatic forces in an automobile crash are more likely to result in signficant injury and should be considered more significant than other co-morbid factors.  Physcial intolerance factors listed in this paper were changes in "bone density, lean muscle mass, [and] pliability of tissues."  (Newgard, 2008 p. 1503).  As occupants age, they become inherently more fragile and less tolerant to the multitude of forces involved in a motor vehicle collision.  Medical fragility, as measured by crash-related morality rates, has been previously demonstrated (Li 3t al. 2003 p. 1503).  This study found there is no real cut off point relating to age.  Pre-existing changes (aka medical fragility) are the key factors.  Therefore, the physiological age of the body is a more important prognostic factor than the actual chronological age and arthritic degeneration, no mater the age of the occupant.  This is a key risk factor (one of many) rendering an increased incidence of bodily injury." 

For more information, you may contact Dr. Scott Moore, a chiropractor in Lakeland, Florida who was kind enough to forward this information along to me.

Useful Internet Links for Florida Personal Injury Claims

The following are a few useful internet links for personal injury claims in Florida:

Florida Supreme Court

St. Petersburg Bar Association

Florida Department of Health

Florida Medicaid

Florida Medicare

Florida Justice Association

American Bar Association

Florida Statutes

Pinellas County Clerk of Court

Pinellas County Chiropractic Association

Tampa Bay Trial Lawyers Association

Florida Insurance Guide

Florida PIP Statute

Florida Highway Patrol: Traffic Accidents by Region in Florida

Is a Motorcyclist entitled to the At Fault Driver's PIP Coverage in Florida?

Sadly, the answer to this question is NO!  If you are injured in an accident while driving a motorcycle and you do not have PIP (Personal Injury Protection) coverage, in Florida you are not entitled to the at fault driver's PIP coverage.  PIP will not pay for injuries arising out of operating a motorcycle or other self propelled vehicle (riding lawnmower, motorized scooter); (an exception to this rule is an electric bicycle since you can pedal an electric bicycle.) How can you solve this problem?  Buy optional PIP and/or  medical payments coverage for your motorcycle - if you are in a motorcycle accident with injuries - you can bet that you're going to need coverage.  If you have more questions about what type of insurance coverage you need vs. should have while operating a motorcycle in Florida, please feel free to call me, Kathryn Fenderson Scott at 727-321-0099 or  email me at fenderlaw@aol.com. 

PIP (Personal Injury Protection) Not Required for Motorcycles in Florida

If you drive a motorcycle, it is important that you understand how your insurance coverage and the other driver's insurance coverage works in case of an accident.  PIP (Personal Injury Protection) affords medical coverage and lost wages coverage to victims of automobile accidents.  All drivers in Florida are required to include PIP coverage in their automobile insurance coverage.  Surprisingly, however, in Florida motorcyclists are not required to carry PIP coverage.   Further, since BI (bodily injury) coverage is not mandatory in Florida, the victim of an auto vs. motorcycle accident can be left with no insurance coverage if the at fault driver has no bodily injury coverage and if the motorcyclist has no PIP or UM (uninsured or underinsured motorist coverage).  It is important for motorcyclists to understand the rules of the road and the ins and outs of insurance in Florida.  Please feel free to call me, Kathryn Fenderson Scott, at 727-321-0099 or email me at fenderlaw@aol.com to learn more about what type of insurance coverage you need to protect yourself in case of a motorcycle accident.

Florida Statute 316.211 Equipment for motorcycle and moped riders.

The 2008 Florida Statutes

316.211 Equipment for motorcycle and moped riders.--

(1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.

(2) A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department.

(3)(a) This section does not apply to persons riding within an enclosed cab or to any person 16 years of age or older who is operating or riding upon a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling such motorcycle at a speed greater than 30 miles per hour on level ground.

(b) Notwithstanding subsection (1), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.

(4) A person under 16 years of age may not operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.

(5) The department shall make available a list of protective headgear approved in this section, and the list shall be provided on request.

(6) Each motorcycle registered to a person under 21 years of age must display a license plate that is unique in design and color.

(7) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 85-329; s. 23, ch. 87-161; s. 2, ch. 88-405; s. 321, ch. 95-148; ss. 4, 167, ch. 99-248; s. 6, ch. 2000-313; s. 13, ch. 2006-290.

Note.--Former s. 316.287.

Motorcycle Accidents in Florida

Motorcycle Accident Attorneys: St. Petersburg, Florida

If you have been injured as a result of a motorcycle accident in Florida, you need an attorney who has experience handling motorcycle accident claims in Florida. Motorcycle accidents generally involve severe injuries and often times, there is less insurance coverage than in a typical automobile accident since PIP (Personal Injury Protection) coverage is not required for motorcycles in Florida. Therefore, it is important to hire an attorney with experience in this specific type of claim. An attorney can help to recover property damage to the motorcycle, past medical bills, future medical bills, past and future lost wages, pain and suffering and all other damages allowed by law.

The attorneys at Scott & Fenderson have 29 years of combined experience helping victims of motorcycle accidents in Florida. We are proud of our efforts and results in helping motorcycle accident victims; the following are summaries of a few of the motorcycle claims we have handled:

$240,000.00 Settlement / Motorcycle Accident / St. Petersburg, Pinellas County, Florida: 42 year old male in motorcycle accident who suffered disc herniations at L3/4 and L4/5 resulting percutaneous discectomy.

$100,000.00 (Policy Limits) Settlement / Motorcycle Accident / St. Petersburg, Florida: 46 year old male injured in motorcycle accident resulting in non-surgical disc herniation.

$25,000.00 (Policy Limits) Settlement / Motorcycle Accident / St. Petersburg, Florida: 23 year old male injured in motorcycle accident resulting in back and neck strain but MRI normal results.

$22,500.00 Settlement / Motorcyle Accident / St. Petersburg, Pinellas County, Florida: 42 year old female injured in motorcycle accident resulting in laceration with stitches to hand and disc bulge in neck.

$20,000.00 (Policy Limits) Settlement / Motorcycle Accident / St. Petersburg, Florida: 41 year old male injured in motorcycle accident resulting in road rash to arms and broken finger.