You Auto Know – Rules to live by on the Florida roads

1. Changing Lanes

It is illegal to change lanes, turn, or pass another vehicle without using your turn signal. F.S. 316.155 requires drivers to use the appropriate signal in each of the following circumstances:

  • When moving to the right or left (i.e. merging or changing lanes)
  • When turning from a direct course (i.e. turning right or left, or making a u-turn), including when in a designated turn lane; the turn signal must be used at least 100 feet before the turn begins
  • When passing or overtaking another vehicle (i.e. when passing on a two-lane highway)

2. Florida Insurance

Florida has the lowest insurance requirements in the country and is the only state that does not require drivers to carry some form of liability insurance coverage. Our state is the 3rd most populous state in the country, with more than 22 million people and more than 14 million licensed drivers (and many more unlicensed and visiting drivers). Florida requires drivers to carry $10,000 in PIP (no-fault) insurance and $10,000 in property damage insurance, the lowest requirements in the country. However, drivers are not required to carry any bodily injury liability insurance, the only state with no such requirement.

This insurance scheme places greater value on property than on people. In other words, if you cause a crash in Florida, you are required to have insurance to fix the car you hit, but not to cover the medical bills of the people you injured. It’s a very backward and broken system. In fact, the Florida legislature passed legislation in 2021 requiring every driver to carry at least $25,000 in bodily injury liability insurance, bringing Florida in line with the other 49 states. The bill passed with 92% bipartisan support, but the governor vetoed it, choosing to ignore the problem and keep a very broken system in place.

Although bodily injury liability insurance is optional in Florida, approximately 26% – or 3.6 million drivers – don’t carry it. Of those who do, most carry relatively small limits, often insufficient to fully cover the harm they cause. If you are in a crash, there is a high likelihood that the driver who caused it has no insurance, or not enough, to cover your damages. For this reason, it is exceptionally important for you to carry as much uninsured/underinsured motorist (UM) coverage as you can.

3. Car owner’s responsibility

The owner of a car is responsible for any damage caused by someone driving the car with permission. Due to the inherent danger of a motor vehicle and its potential to cause great harm, a motor vehicle is deemed a “dangerous instrumentality” under Florida law. For this reason, Florida law imposes vicarious liability on the owner(s) of a vehicle when the vehicle is driven with the knowledge and consent of the owner(s). While some question the fairness of this legal approach, the reason for the law is to encourage vehicle owners to be careful about who they allow to drive their vehicles. The owner is in the best position to determine who may drive their car and whether that person can safely do so. Because the owner controls who can drive his/her car, the owner remains legally responsible for any harm caused by the driver.

4. Seatbelts

It is illegal to drive in Florida without wearing a seat belt. Florida law (F.S. 316.614) requires the driver to wear a seat belt at all times while operating the vehicle. All passengers under age 18 must wear a seat belt or be properly restrained in a child seat. All passengers age 18 or older and sitting in the front seat must wear a seat belt. These requirements generally apply to all private passenger vehicles, and do not apply to specialized vehicles such as RV’s, buses, garbage trucks, and mail delivery vehicles.

5. Children

  • It is illegal to leave a child under the age of 6 in a car unsupervised for more than 15 minutes.
  • It is also illegal to leave a child under age 6 unsupervised if the motor is running, the health of the child is in danger, or the child is in distress.

A violation if this statute is a second-degree misdemeanor, punishable by up to 60 days in jail.

6. Motorcycles

Motorcycles must have their headlights on at all times. Florida law (F.S. 316.405) requires that all motorcycles must have their headlights on at all times, even during daylight hours. This is a safety requirement to make motorcycles more visible.

7. Cell Phones

It is illegal to use a cell phone in a handheld manner in a school zone or work zone. Florida law (F.S. 316.306) prohibits drivers from using any wireless communication devices, including a cell phone, in a handheld manner while driving in a designated school zone, school crossing or any work zone where workers are present.

8. Texting

It is illegal to text, type, or read from a cell phone or other wireless device while driving. Despite the obvious dangers of texting and reading while driving, it continues to be a major problem on Florida roads. Florida law (F.S.316.305) prohibits drivers from texting, typing or entering multiple characters and from reading from a wireless device while driving. If a crash results in personal injury or death, the driver’s cell phone billing records may be obtained and admissible as evidence at trial.

Authored by Eric Romano

Photo of Attorney Eric Romano

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Motorcycle, pedestrian and bicycle accident fatalities on the rise

There is alarming news from a recent NHTSA study reporting that bicycle, motorcycle, and pedestrian accident fatalities are on the rise. This increase occurs despite a resolution from the Department of Transportation to reduce fatalities on our roadways. And despite the unprecedented funding from the DOT to assist in this initiative. According to the study, published in December 2022:

Fatality increases occurred

  • +8% among bicycle accidents
  • +5% among motorcycle
  • +2% among pedestrian

Auto fatalities decreased

There is some bright news from the study as auto fatalities fell for the first time in almost 2 years. During the height of the pandemic, roadway volume fell due to motorists staying home, and so did traffic fatalities. However, as traffic volume began to rise again post covid so did auto-related traffic fatalities. Fatalities have risen for seven consecutive quarters beginning 3rd quarter of 2020.

It now seems like the tide is turning. According to the study, auto traffic deaths declined slightly in the 2nd half of 2022. The study estimates that 31,785 people died as a result of auto crashes in the US in the first nine months of 2022. This is a .2% decrease over the same period in 2021.

“Fatalities have not increased for two quarters now, but we have far more work to do to save lives and address the crisis on our nation’s roadways. That means investing in safety, implementing strategies that work, and embracing the safe system approach outlined in the Department’s National Roadway Safety Strategy. We urge everyone to do their part by driving safely and watching out for others on the road, especially vulnerable road users like pedestrians, cyclists, and motorcyclists,” said NHTSA Acting Administrator Ann Carlson.

National Roadway Safety Strategy

In January 2022 the Department of Transportation announced their long-term ambitious goal of zero roadway fatalities. There is unprecedented funding from President Biden’s Bipartisan Infrastructure Law to support this lofty goal. The actions of the department are guided by the National Roadway Safety Strategy, an outline of the approach the department is taking to reduce serious injuries and deaths on the roadway.

The full study released by the NHTSA can be viewed here.

With vast experience in complex motorcycle, pedestrian and bicycle accident cases, our experienced accident injury attorneys will explore all viable, legal solutions to ensure you and your family receive the compensation and representation you deserve.

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Five things to look for when hiring a personal injury lawyer

Hiring the right personal injury lawyer is important for a variety of reasons. You want to make sure that the lawyer and law firm you hire has the experience and the knowledge to handle your particular type of case. There are many types of personal injury cases, from slip/trip and falls, to auto accidents, to negligent security. A good personal injury lawyer will know the law. But a great personal injury lawyer will also know how to assess and navigate your case appropriately. Here are five things that you should look for when hiring a personal injury lawyer:

Make sure that the personal injury attorney/law firm you hire doesn’t already have a high volume of cases.

In those firms, you become a number, not a client. When we accept a case at Romano Law Group it means that we understand the time that your case requires and our attorneys and staff can allocate for that time. At Romano Law Group, we build relationships with our clients.

Make sure that the personal injury attorney/law firm you hire knows how to handle your specific case.

Experience matters. At the beginning of a case, there are often crucial steps that some lawyers or law firms miss. For example, you’ll want to make sure that a spoliation letter goes out immediately (assuming such is merited in your case). You’ll want to make sure that the attorney/law firm understands your case and its intricacies. No two cases are alike. The lawyers at Romano Law Group have significant experience in handling and trying: auto accidents, premises liability, product liability, mass tort, dram shop, and negligent security cases to name a few.

Make sure that the personal injury attorney/law firm you hire is accessible. Recently, a new client explained an unfortunate experience he had with a prior law firm. 

He explained that in the prior six months, he was only able to talk to his former attorney twice and wasn’t able to speak with support staff. That’s not acceptable. At Romano Law Group you have access to our attorneys and support staff during the week and after hours.

Make sure that the personal injury attorney/law firm you hire explains to you what you should expect throughout the course of your litigation.

For example:

What’s a deposition? mediation? non-binding arbitration?

Is a non-binding arbitration really non-binding?

What’s a trial?

At Romano Law Group, we work with our clients to make sure they are prepared every step of the way throughout their litigation and understand any risks.

The case is yours. 

While attorneys can help you make crucial decisions in your litigation, ultimately, you are the decision-maker with various aspects of your case. At Romano Law Group, we help navigate our clients through litigation in the most worry-free way that we can.

Hiring a personal injury attorney is an important decision. If you feel that you’ve been injured due to the wrongful or negligent acts of another, call Romano Law Group today at 561-533-6700 to talk to an attorney.

Authored by Corey Friedman

Attorney Corey Friedman

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