The state of Florida is a comparative fault state with regard to personal injury cases. This means that a percentage of fault in an accident may be assigned to each driver involved in a motor vehicle accident.  This is an important factor in determining how much compensation you are able to recover for any damages incurred in an accident.

In essence, your financial recovery in a personal injury accident can be reduced by any percentage of fault that has been assigned to you.  Additionally, even if you were principally at fault, you may still be able to recover compensation for any percentage of fault that is assigned to the other driver.

An example:  two drivers backing out of parking spaces who simultaneously crash into one another.  In this situation, each driver may be deemed 50% at fault.  It is not uncommon or completely out of question for two people to share responsibility in causing an accident.

At the Law Offices of Shannon J. Sagan, we are dedicated to fully investigating all details of your case to determine what your rights are and if there is compensation available to you for injuries you may have incurred as a result of an accident.  If you have been injured as a result of a motor vehicle accident, please call 1-800-FLA-LAWYER today for your free consultation.

I certainly do not deny that there are problems that need to be corrected with regard to Florida’s PIP auto insurance situation, but the proposed solutions outlined in a press release distributed by the Property Casualty Insurers Association of America on October 27, and further discussed in a recent Miami Herald Blog post, are clearly politically motivated by Rick Scott, influenced by the Insurance Industry and directly targeted at attorneys.

Their so-called four-point plan is as follows:

Point 1. More time to investigate suspicious claims

Please note:  Insurance companies already have plenty of time to do this through recorded statements, examinations under
oath, depositions, etc.

Point 2. Capping attorney fees

Please note:  This implies that attorneys are the ones creating the fraud. What will happen when someone who has a legitimate
claim is denied and the process is gravely delayed by ‘big insurance’?  What recourse does that person have if this is indeed implemented and lawyers know they cannot get paid for fighting these powerful and rich insurance companies? The majority of claims are legitimate!

Point 3. Allow private companies to inspect medical clinics

Please note:  Insurance companies are private companies and they do this every single day.

Point 4. Limit medical treatments

Please note:  Does this suggest that someone other than a patient’s doctor determines what type of care they get?

Yes, there is rampant fraud in Florida, and yes PIP needs to be fixed, but this is certainly not the way to do it.

Click here to read the full post in the Naked Politics section of the Miami Herald Blog.

Click here for a link to the press release from Property Casualty Insurers Association of America, where the full report is attached.

If you or a loved one has been injured in an accident, call the Law Offices of Shannon J. Sagan at 1-800-FLA-LAWYER for a
free consultation.

Statistics show most car accidents usually happen within 5 miles of the home. Many drivers fall into a “comfort zone” as they get close to home, relaxing their guard, picking up phones to make calls, removing seatbelts, or just not wearing a seatbelt at all if they are driving a few blocks away or driving through a parking lot. With that in mind, here are some statistics you should keep in mind:

• More than 80% of all accidents occur at speeds below 40 mph.
• Fatalities involving occupants of cars who are not wearing seatbelts have been recorded at speeds as low as 12 mph. That is about the speed you would be driving within a parking lot.
• Seatbelts protect you from being thrown from a vehicle. If you are thrown from a vehicle your risk of death is five times greater.

Florida seatbelt laws, which apply to any car manufactured since 1968, were created and are enforced to protect you.

The cost for a seatbelt violation is $30. For a child that is not properly restrained the violation is $60. Those are the monetary penalties for breaking the law – the physical and mental anguish that may be caused by not wearing your seatbelt and being involved in an accident can be completely devastating.

Driving without your seatbelt on, even when driving short distances, can pose great risk to your safety so buckle up!

If you or a loved one has been injured in an auto accident, call the Law Offices of Shannon J. Sagan at 1-800-FLA-LAWYER today for a free consultation.

According to The Palm Beach Post, Palm Beach County Fire Rescue had to work the scene of a crash involving six vehicles on Tuesday afternoon in suburban Boynton Beach.

According to Fire Rescue Capt. Don DeLucia, five people sustained minor injuries and three other people sustained more severe injures but there were no trauma alerts.

The multi car accident occurred about 4:15 p.m.in the area of South Military Trail and Colony Lake Drive and caused delays and lane closures in that area.  Palm Beach County Sheriff’s Office spokeswoman Teri Barbera said the northbound lanes of Military were closed at Le Chalet Boulevard.

Click here for the full Palm Beach Post article.

Our team at the Law Offices of Shannon J. Sagan urges drivers to be as cautious as possible when operating a motor vehicle.  We also understand, however, that there are times when caution is not enough and an accident is unavoidable.  If you or a loved one is injured in a motor vehicle accident, call the Law Offices of Shannon J. Sagan at 1-800-FLA-LAWYER to schedule your free consultation.

In lieu of the bump and rob incidents and carjacking incidents on the news in recent months, everyone should be on high alert and keep safety measures in mind at all times.  Palm Beach County residents have been warned to not get out of their cars if driving between the hours of midnight and 6a.m. and bumped from behind by another car.

This is how it typically works:  multiple people ride in a car, they bump your car from behind, you pull over and get out of your car to assess the damage and possibly speak to the person who hit you to exchange information, and the next thing you know, you have been robbed.  In some cases, the bump and rob attackers have shot or beat their victims, locked victims in the trunk of their car and taken off with stolen items, or taken off in the victim’s vehicle.

Here are some tips to keep in mind to keep yourself and your loved ones from falling prey to these aggressors:

• Be careful where you park (try to park in well lit areas as close as possible to people, traffic, and any entry/exit way you are going to walk to and from)
• Lock your doors both when you leave your car and when you are in it
• Be cautious when stopping for gas and make sure to be vigilant of your surroundings and anyone who could be watching you and waiting to follow you out
• If you are hit by another car, make sure you look around to assess the situation before you get out
• If you feel any uneasiness about the situation, memorize a description of the car, wave to the other car to follow you to a well lit and populated place, keep your doors locked, and either call the police or drive to a police station if there is one nearby.
• Be careful when stopping at an ATM
• Be wary of anyone who may be following you
• Try to avoid desolate areas, especially when driving at night.  This will only provide more opportunity for criminals to target you.
• When you are coming to a stop for traffic or especially a train, leave enough room between you and the other vehicles or you and the train, to maneuver your vehicle out of the situation if necessary.

We realize the memorization of these safety tips can be daunting, especially with the state of the economy and all of the other concerns there are in our country at this time, but these tips could make the difference between life and death.

If you have any information about any of the ‘bump and rob’ incidents that have occurred recently, you are asked to call Palm Beach County Crime Stoppers at 1-800-458-TIPS.

If you or a loved one has been injured in an auto accident due to the negligence of another person, call our team at the Law
Offices of Shannon J. Sagan at 1-800-FLA-LAWYER today to schedule a free consultation and discuss your legal rights to any possible recovery.  With two locations, in Lake Worth and Belle Glade, to more conveniently serve you.

How many of you have seen the bumper stickers that say “Watch out for motorcycles” or “Look twice, Save a life” as a reminder to automobile drivers to look out for motorcycles on the road?

A little over a week ago, a Georgia man died from injuries he suffered in a September accident when he was hit head
on, while driving his Harley motorcycle, by a vehicle that failed to yield the right of way,.

Just a couple of months ago, the brother of a close friend was driving his motorcycle when he was hit head on by a drunk driver who was driving the wrong way on an interstate roadway.  Luckily, thanks to some good Samaritans, he is recovering and here with his family today.  Many people are not that lucky.  According to the National Highway Traffic Safety Administration, 3,615 people died in accidents while riding their motorcycles in 2010.  This was down from 4,462 in 2009 and 5,312 in 2008.

Life is fragile and all it takes is a few extra seconds to look around you and watch out for motorcycles while on the roadways.

If you or a loved one has been injured due to the carelessness of another while riding a motorcycle, call the Law Offices of
Shannon J. Sagan at 1-800-FLA-LAWYER today for a free consultation.

There are thousands of smart phone apps offered for almost anything and everything you can think of.  A few Florida tech
companies, however, have made it their mission to create apps aimed specifically at personal safety.

As featured in “Florida tech companies carving out personal-safety niche” by Sun Sentinel columnist Daniel Velasquez, here is a run down of some of the apps along with a summary of their features:

ADT Pulse for iPhone, Android and Blackberry. ADT, based in Boca Raton, has created a mobile app that helps subscribers manage personal and home safety for use with any Web-enabled device. Users can check the status of their home
security, receive text and video alerts of events at their homes, arm or disarm their alarms, monitor doors, windows and motion sensors, view live video via security cameras, and adjust lights and temperature for comfort, electrical safety or energy-efficiency. Visit: http://www.adtpulse.com/home/how-pulse-works/mobile/.

PhoneGuard for Android, Blackberry devices. This free app, made by Options Media Group in Boca Raton, blocks texting, Web surfing and email while a teen or other user is in a moving car; automatically replies to anyone who sends the user a text or email, saying the person is busy and will return the message later; and detects when a car is moving, allowing a user to access all the functions of a mobile device when the car is stopped. You can also deactivate these features whenever you are a passenger in a car. Visit http://www.phoneguard.com.

NOTXT n’ Drive app for Blackberry devices. Also free, this app GPS-enabled application disables a device from making or receiving calls and sending email or text messages when a user is in a car moving at 10 mph or greater. The functions also resume when the car comes to a stop. Developed by NOTXT Communications in Orlando, it’s available at Blackberry App World.

MobileHelp GPS medical alert system, $35 per month. Developed by a Boca Raton health care technology company, MobileHelp is the first system that provides emergency assistance to users at home and away. This product is great for anyone who is elderly or who has a medical condition, such as a heart problem, Alzheimer’s or Down’s Syndrome. I would also suggest it for parents of young children who want extra assurance when the child goes on field trips or a bike ride to the store.

The system uses satellite-technology to track users who can press a button on the supplied cellular device to be automatically connected to a medical technician. The MobileHelp technician can use the GPS feature to find the user’s exact location to send help. Cost for the system starts at $34.95 per month, which covers the cost for AT&T GPS service. Even better, the company offers a 30-day risk-free trial. Visit http://www.mobilehelpnow.com.

Android app MyFlare. For a one-time fee of $2.49, the app can call for help in case of an emergency and send your exact location via GPS to police with a push of a button.  Developed by a company of the same name based in Boca Raton, MyFlare will soon be available for iPhone and Blackberry users. The application calls 911 or any emergency contact you designate; sends text messages and emails to 10 pre-selected contacts; and forwards short video recordings of whatever is happening to you.

For the full article, please click here.

If you or a loved one has suffered a personal injury due to the negligence of another, please call the Law Offices of Shannon J. Sagan at 1800-FLA-LAWYER today for your free consultation.

The U.S. Department of Transportation (DOT) stresses that drivers should inspect their tires regularly to see if tires are properly inflated and look for any other potential hazards such as tread wear and damage.  DOT Secretary Ray Lahood said, “As the weather warms up, it’s especially important for drivers to ensure their tires are properly inflated.” National Highway Traffic Safety Administration (NHTSA) Administrator David Strickland warns, “Under-inflated tires spinning on hot asphalt can be a recipe for disaster.”  The hot roads can put extra stress on tires, and even more so if they are not inflated to the proper levels.  Warnings like this are especially significant in hot weather states like Florida.

According to www.ConsumerReports.org, from 2005-2009, nearly 3,400 people died and about 116,000 were injured in tire-related crashes.  We have dealt with various cases where the wear and tear on tires played a role in causing an accident.  For this
reason, drivers are strongly advised to regularly check the air pressure in their tires, as well as the general condition of their tires.

If you or a loved one has been injured in an accident due to the negligence of another in maintaining tires properly inflated or replacing tires that are damaged or worn, please call the Law Offices of Shannon J. Sagan at 1-800-FLA-LAWYER today for a free consultation.  We have offices conveniently located in both Belle Glade and Lake Worth to better serve you.

Veteran UFC fighter Din Thomas was recently in a car accident on his way to a fight, his comeback fight after a two year break from competing in the cage.  Din Thomas was set to fight George Sheppard in the main event fight at War Memorial Auditorium
in Fort Lauderdale, Florida.

Thankfully, the latest news updates indicate that he will be OK but a situation like this is just another reminder to be as prepared as possible for the unexpected.  Carrying the proper amount of insurance coverage to sufficiently protect you and your family members is the first step.

The importance of fully understanding your car insurance policy limits, exclusions and benefits can not be stressed enough.

Insurance agents are often influenced by financial incentives and steer clients toward certain products, coverage, and/or
insurance companies. We have had the unpleasant task of breaking the news of insufficient coverage to clients and therefore feel it is extremely important to discuss these topics with the public.

Call 1-800-FLA-LAWYER today for your free consultation and we will be happy to review your coverage with you.