My wife was stuck in traffic today due to the accident pictured below.  When she finally arrived at the scene of the accident (en route to our son’s daycare, A Child’s Academy), she called me and said “I don’t know how anyone survived this accident.” 

creash2 (Picture Courtesy of Gainesville Sun)

Fortunately, the occupants of both vehicles did, in fact, survive this horrendous crash.  Accoding to the Gainesville Sun, the events that led to the accident began when the police attempted to stop an older model Ford Explorer.  For unknown reasons, the Explorer fled and law enforcement called off the pursuit due to heavy traffic.  A short time later, the accident occurred, presumably due to the erratic driving of the owner of the fleeing SUV.

After seeing the picture (shown above) and learning that the occupants of both vehicles were injured, but alive, the lawyer in me immediately began to wonder how the morning started for the driver who WAS NOT responsible for this accident.  Like most, I assumed he or she started her day worried about work, kids, or errands that needed to be completed before day’s end.  I have no doubt that the prospect of being broad-sided by someone fleeing a traffic stop never even crossed the mind of the injured individual.  Why should it?

Though statistically improbably, this scenario is but one of hundreds which illuminates the need to amploy insure yourself against the negligence of others.  In the context of auto accidents, this is done through Uninsured Motorist or “UM” coverage.  As its name implies, UM coverage covers you in the event that your hit by someone with no insurance.  Lesser know but equally true is the fact that UM coverage covers you when you are hit by an individual that has too little insurance-which happens more often than not in s state where $10,000.00 in bodily injury coverage is all the drivers are required to carry.  Nonetheless, I have cases all the time in which the driver who is not to blame has waived UM coverage to “save a couple of bucks” on their premiums.  Do not do this-for the price of 2 Starbuck’s Lattes you can pay the monthly cost for UM, and save yourself and your family from the possibility of financial ruin as the result of being hit by an uninsured or underinsured driver.

The long and short of it is that you need UM coverage in an amount equal to the your bodily injury coverage (which covers you if you injure someone else), and if you have more than 1 vehicle, you should ask your agent to “stack” your coverage.  Like the driver today, you cannot count on others to do the right thing by carrying enough insurance, or even carrying insurance at all, so make sure you carry UM.

Tags: Gainesville Accident Attorney, UM Coverage

Let me start this post with a disclaimer:  I am not one to point fingers; in fact, I’m essentially a social libertarian.  That said you have got to buckle up when you get in your car.  I have explained in previous posts that, in addition to saving your life, wearing a set belt is one thing that you can do (and quite easily in fact) to ensure that you will be able to maximize your claim against the other driver’s insurance carrier if you suffer permanent injury. 

Nonetheless, today’s Gainesville Sun reports the following:

Archer woman critically injured in semi crash

Published: Wednesday, March 4, 2009 at 7:45 a.m.
Last Modified: Wednesday, March 4, 2009 at 7:45 a.m.

An Archer woman was critically injured Tuesday morning in a crash involving a semi driver from Marion County who received minor injuries.

 

The crash happened at 11:55 a. m. on State Road 121 just south of NE 10th St. near Williston Highlands Golf and Country Club. According to the Florida Highway Patrol, Diane W. McGee, 50, of Archer, was driving a 1989 Chevrolet two door. The man driving the 2000 Mack was identified as Leonard Burkhartsmeier, 67, of Ocala.

 

According to a crash report by FHP Corporal R. W. Howard, McGee was headed north on S.R. 121 ahead of Burkhartsmeier. As McGee was making a left turn on NE 10th St., Burkhartsmeier began to pass the Chevrolet in a legal passing zone.

 

The front of the semi hit the left rear section of the Chevrolet. McGee, who was not wearing her seatbelt, was ejected from her car and landed in the middle of SR 121. McGee was airlifted to Shands at the University of Florida in critical condition.

 

The semi spun before overturning onto its left side with the trailer still attached. It was unclear whether Burkhartsmeier was wearing a seatbelt. He was taken to Munroe Regional Medical Center in Ocala for treatment of minor injuries.

 

 

Charges are pending further investigation.

Last night I chased my son around the house while syndicated re-runs of Seinfeld and King of the Hill aired in the background.  I did not have time to follow the shows, but could not help but notice that no less than 7 local law firms aired commercials soliciting business from individuals injured in car accidents.

 

The first thing you need to know is that the firms that advertise are not necessarily the best (or the worst for that matter) lawyers.  As with anything, some are very good, and some are not.  The one truth on this topic is that these firms advertise on television because it makes them money.

 

In many cases, the lawyers at the firms that advertise the most actually do the least work on your case.  This is because these firms are running a “volume” practice-in other words, they make money by quickly settling a large volume of cases.  In most instances, settlements negotiations are between a paralegal and insurance adjuster and occur before a lawsuit is even filed.  In the business, we call these firms “Settlement Mills.”  Most lawyers know which firms run this type of practice, which means most insurance companies know too.  

 

More often than not, a firm that settles cases in volume will garner a smaller settlement for you for two reasons:  1) They have so many cases there is no need to maximize the recovery on any single one to make money; and 2) The insurance companies will offer less money to settle your case because they know this group of lawyers is unlikely to go to trial.

 

Some of the firms that advertise, conversely, employ excellent attorneys.  With these firms, you will get top-notch representation if your case is worth a lot of money.  If, however, your injuries are not catastrophic, your case will likely be run by paralegals and assistants and, as with the Settlement Mills discussed above, you will seldom speak with your actual lawyer-if at all.  

 

The underlying truth is that it costs hundreds of thousands of dollars to launch a television advertising campaign or purchase the back cover of the phonebook.  This cost is passed on to the client by pushing for a quick settlement unless your case is high profile or has the potential for a huge verdict.  Thus, the settlement you receive is often less than a lawyer with less overhead (but equally credentialed) will obtain for you.  Lawyers running a solo practice typically have a smaller case load, less “bills to pay,” and will therefore dedicate more time to you and your case than their television counterparts.    

 

My advice, therefore, is to do your homework.  Make sure you meet with the attorney and not his assistant or paralegal when interviewing lawyers.  Ask him or her which areas they practice in and whether or not you will be speaking with a lawyer as your case progresses.  In sum, you have a right to be treated courteously, just as you would if you were paying the lawyer an hourly fee.  The fact is, the lawyer is working for you, even if you don’t pay them up front, and without you, there is no claim. 

 

As always, feel free to contact me or follow-up with any questions on this or any other matter.   

For those local readers who were rushing around Northwest Gainesville at or near 4:30 yesterday and found yourselves in a legitimate traffic jam, here’s why (picture courtesy of the Gainesville Sun):

wreck

As you can see, this accident was serious and I, like many, was caught trying to pick my son up from school in the area immediately afterward.  Also like many, I was furious and grousing inwardly at the situation I found myself in.  Now, having seen the picture in today’s Gainesville Sun (and no longer stuck in traffic), I realize how trivial my situation was.  The accident involved a van carrying 10 students from A Child’s Academy and a 37 year-old woman, Giovanni Abadesco.  Fortunately, the kids were okay and Ms. Abadesco was transported to North Florida Regional with non-life threatening issues.
The moral, for me at least, is to remember that as bad as it is to be stuck in traffic because of an unforeseen auto accident, its worse, much worse, to be in an accident.  Take care and as always, don’t talk to the insurance company until you talk to a lawyer and feel free to contact me through this site or here with any thoughts or questions. 

Perhaps the most dangerous thing residents of Florida residents do, consistently at least, is drive on I-75.  For those new to the state, I-75 and I-95 run north and south from Georgia to Homestead.  They are major trucking routes, and often 6 (and sometimes 8) lanes of traffic.  While I am not in possession of the latest statistics, approximately 3,000 people per year have died on Florida’s highways since 2001.   Here’s an article from today’s Gainesville Sunwhich is illustrative of the danger posed by I-75 along the 6-lane Gainesville/Alachua County corridor:

10-car pileup leaves two dead, traffic at standstill on I-75

Published: Monday, February 16, 2009 at 1:18 p.m.
Last Modified: Monday, February 16, 2009 at 1:18 p.m.

OCALA – Two women were killed in a 10-vehicle crash this morning on Interstate 75, at State Road 326.

One woman died from injuries sustained when she was ejected from her car, while another woman was fatally injured when she fell or jumped from an overpass onto the hood of a car driving west on SR 326 below, according to Florida Highway Patrol Lt. Mike Thomas.

It was at about 5:40 a.m. that a Ford F-150 traveling south on I-75 spun into the inside guardrail and was struck by a Dodge Neon. Then a Mazda slammed into the Neon as a Chevy Caprice plowed into the back of a Toyota sedan, Thomas said. Before the incident was over, 10 vehicles were damaged to some degree.

One woman was thrown from the Toyota as the car burst into flames. The driver of the Neon apparently got out of her vehicle and ended up falling onto the roadway below the overpass, landing on the hood of a passing car. Troopers did not immediately know if she fell or jumped to avoid being struck by another vehicle involved in the accident.

Marion County Fire Rescue spokeswoman Heather Danenhower said both women were taken to Shands at the University of Florida where they later died from their injuries.

The names of those killed were not released pending notification of next of kin.

No one else was seriously injured in the crash.

Southbound lanes of I-75 were rerouted around the crash scene via the SR 326 on- and off-ramps.

In previous posts I’ve stressed the the legal and practical reasons for always wearing your seat belt; this fact is amplified when traveling on the interstate for obvious reasons, which include but are not limited to the presence of industrial vehicles and the speed at which all vehicles are traveling.  The crux of this post, therefore, is simply to remind you that the interstate can turn deadly in an instant which makes it imperative that all of us heighten our attention levels when hitting the highways. 

As always, stay safe and feel free to contact me directly with thoughts or questions of any kind. 

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