IN THE NEWS
A car crash can have devastating – and often fatal – results. Many say that when heading down any of the major roads in Jacksonville, you can be the subject of a car collision at any time, and that is sometimes true when you see a recently smashed up car on the side of the road. But what are the actual statistics vehicle accidents in the city of Jacksonville? Here’s a quick rundown on some of the more important vehicle accident stats and figures.
Of the 800,000+ residents in Jacksonville, there were only 112 fatal accidents in 2008. Of those accidents, there were 285 people in 172 vehicles involved in these resulting in 116 fatalities. That was about 60% survival rate for being in a fatal car crash. Of those 112 accidents, 48 of them were caused by drunk drivers. These accidents typically fall in the areas of the downtown and Westside of Jacksonville.
In 2007, there were 230 vehicles were involved in 145 fatal car accidents in Jacksonville, resulting in a total of 156 fatalities. Surprisingly, none of these accidents were caused by drunk drivers, a decrease from 2006 when 39 fatal accidents in Jacksonville were caused by drunk drivers.
At Ossi, Najem & Rosario we use our experience in handling accident cases to investigate every possible cause of an accident to help ensure that you will receive full compensation for your injuries. We evaluate all the facts involved in the cause of a motor vehicle accident. Our office will take over the investigation of your case so that you can concentrate on recovering from your injuries. We can also assist you in finding a medical specialist to appropriately treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an car accident, call Ossi, Najem & Rosario at 904-399-0606.
Fault is one of the biggest, if not the most critical element in any car accident claim. The person at fault is the person whose negligence caused the accident, and that is the person who typically must pay for the damage. After a car accident, if it is often not clear who was at fault, insurance companies must determine the degree of fault to be assigned to each driver for purposes of determining which coverage applies to the accident, and to ensure that the at-fault vehicle's premiums are adjusted appropriately.
After you report an accident to your insurer, the company will investigate the circumstances of the accident and then make a liability decision based on the Fault Determination Rules. The Fault Determination Rules were established by the government to help insurance companies provide consumers with prompt, cost effective claims handling and consistent treatment. The Fault Determination Rules are a regulation made under the Insurance Act and cover more than 40 accident situations, using diagrams to illustrate specific occurrences. You and the claims adjuster will negotiate and come to some agreement as to what your allocated fault is. They will know how to assess the accident and advocate for the lowest percentage of fault on your behalf. You may be dissatisfied with an insurer's decision on liability and believe that the decision does not accurately reflect the circumstances of the accident. In such cases, you have the right to challenge the insurer's decision in court. If the matter comes before a court, it will be decided based on the ordinary rules of law and not the Fault Determination Rules. Usually, these matters can be dealt with in small claims court.
Insurance companies will often offer extra coverage/protection to help pay for property damage and/or personal injury and medical expenses regardless of fault. So if you are injured in an accident that was mostly your fault and you are not entitled by law to compensation from the other person’s insurance, but you have extra coverage under your own policy, your insurance company will pay for your injuries. This extra coverage is called PIP (personal injury protection) or No Fault coverage. Under this scenario, you would file a liability claim with your own insurance carrier for medical bills and lost income, up to a specified maximum, without any discussion or disagreement about the circumstances of the accident and who was at fault. Whether you can file for further expenses against the other person who was at fault in the accident depends on your state’s laws. In many states, Uninsured/Underinsured coverage is required. This provides coverage for damages resulting from an accident with someone who either has no insurance or does not have enough insurance to cover your expenses. It also protects you if the other person flees the scene after the accident or is a driver of a stolen car.
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your accident injury. In most cases, both you and the insurance company will know the level of fault for both parties. Was the other party completely at fault, mostly at fault, or only a little at fault? If you are in a comparative fault state, an adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call Ossi, Najem & Rosario now at 904-399-0606.
With the growing popularity of the family dog, a dog bite occurring on private property is not an unusual occurrence. Depending on your breed of dog, having renters or homeowners insurance that provides liability coverage for dog bites should be a serious consideration. Some big insurance companies won’t cover homes in some states if residents own certain breeds. Others exclude some breeds from liability coverage, or charge extra for it. The so called vicious breed list include German Shepherds, Akitas, Siberian Huskies, Chows, Doberman Pinchers, American Pit-bull terriers and their cousins. Generally speaking, no dog owner should purchase a homeowner policy or renters policy that excludes canine inflicted injuries, unless he or she buys a supplemental policy that covers them.
The insurance industry also is quietly revising homeowner policies that protected dog owners when they originally bought those policies. Homeowners must carefully read all of the short slips of paper and other notices sent from insurance companies, in case they eliminate coverage for accidents caused by dogs. Dogs bite nearly five million Americans every year as most attacks are unintentional. Children are the victims of most of the serious attacks. The losses and damages should not be borne by the dogs owners and victims, because insurance is available to pay for it.
Dog ownership is not only a family tradition but brings our families and children many years of loyalty and companionship. Because of this, it is important to evaluate our dog ownership as you would an automobile, golf cart, or other personal property which may expose your family to monetary liability.
From time to time manufacturers of products sold in the U.S. issuerecalls because their products are either failing to perform orcausing a malfunction. The most recent product recall that comes tomind involved the auto manufacturer, Toyota. On January 21, 2010,Toyota recalled $2.3 million vehicles to fix a problem that couldcause the cars gas pedals to stick. This recall added to a previousNovember announcement which recalled $4.2 millions cars over concernsthat the floor mats could press the gas pedal down, causing anunexpected acceleration. The ultimate cause still appears to be underinvestigation.
Certainly, recalls are not limited to mechanical products alone. TheFood and Drug Administration (FDA) from time to time will investigatefood born bacteria prompting manufacturers to issue recalls on foodproducts. Over the years, recalls have been issued on products suchas ground meat, bagged spinach, peanut butter, frozen pizza, and othersimilar products. Food born bacteria such as salmonella, e-coli orother related pathogens, can cause serious illness to consumers whoingest these products. The elderly and young seem to be mostsusceptible because of the immune system response to such bacteria.On a similar note, improper preparation of food products may result inmeals that can cause illness when eaten at home or restaurants.Examples of this sort of event include under cooked chicken or pork,cross contamination of food products by using knives to cut meat andvegetables or preparing foods on the same cutting board or surfaces.
As a consumer, it is important to pay attention to product recallnotices so as to limit the risk to ourselves and families. OurFederal Government does its best through the Food and DrugAdministration (FDA), the Center for Disease Control, (CDC) andNHTSA (National Highway Traffic Safety Administration), but typicallythe governmental agencies are reactive in nature and sometimes actafter manufacturers issue warnings. BUYER BEWARE!
The idea of buying automobile insurance can sometimes be an intimidating process. Florida law requires that all Florida residents who own a motor vehicle must also purchase specific automobile insurance coverages. However, the types of automobile insurance required by law and those that are recommended can sometimes differ. Florida law requires that all motorists carry “no fault” insurance. “No fault” insurance simply provides motorists with PIP and collision coverage. PIP is that part of the insurance that pays for your medical bills and/or wage loss up to a limit of $10,000.00 notwithstanding fault for the underlying collision. Collision coverage simply provides for reimbursement for property damage to the vehicles.
Surprisingly, Florida law does not require motorists to carry liability coverage (bodily injury). Liability coverage is that part of your policy that protects you from financial exposure in the event you are at fault for causing an accident. In other words, liability coverage provides insurance benefits to the occupants of the other vehicle involved in an automobile accident.
Also, Uninsured motorist coverage is not required by Florida law. This part of your insurance coverage provides benefits to you and your family for damages or injuries caused by the fault of a driver who was otherwise uninsured (no liability coverage) or inadequately insured (minimal liability coverage limits). This part of an automobile insurance policy is clearly important as it is estimated that 40% of the drivers on the roads in Florida are driving without liability insurance coverage. One can also purchase other types of coverage as part of our policy which are not required by Florida. These include but are not limited to medical payment coverage, rental car coverage, varying amounts of deductibles applicable to our PIP and riders that correspond to accessories on our personal vehicles.
Clearly, having automobile insurance that provides adequate coverage to protect our families is an important decision and consulting an expert in the field is a must when making such a purchase.
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