Articles Posted in Insurance Claim

Man Stabbed in Shopping Mall Parking Lot

parking-lot-1192868-214x300West Palm Beach: In a lawsuit brought on by a man stabbed in the parking lot at a West Palm Beach shopping mall, the insurance company was ruled liable for the victim’s injuries. Despite the insurance provider claiming it owed no duty to defend or compensate the stabbing victim for his injuries based on an exclusion to coverage, a federal judge ruled otherwise. Even though the fight did not take place within the bar and grill itself, business operators and owners owe a duty to its patrons to provide safety, both within and outside of the premises which they operate, rent, or own. Jupiter West Plaza, which rents out the space to Uncle Mick’s Bar and Grill, has Mt. Hawley as its insurance provider, which according to Judge Kenneth Marra of the U.S. District Court for the Southern District of Florida, “Mt. Hawley is not entitled to a declaratory judgment that there is no coverage under the policy for the claims asserted by Frye in the underlying liability action.” Adding: “Mt. Hawley has a continuing duty to defend the claims against the policy holders set forth in the underlying complaint.”

PERAZZO LAW SHARES INSIGHT INTO PREMISES LIABILITY CLAIMS AND PARKING LOT ACCIDENTS

gavel-1238036-300x201TEXTING AND DRIVING COULD BECOME LAW

Just because law enforcement agencies in Florida aren’t pulling drivers over for it, texting while driving is actually illegal. But why exactly don’t they pull you over? Because the House has yet to decide whether or not to turn it into a law. This Thursday, the Florida Senate passed the bill that will give police officers the green light to stop and fine motorists caught texting while driving in Florida. Though not yet a full-blown law, it might soon be if the House approves turning the bill into law. According to the bill sponsor, the House will most likely accept the Senate’s proposal to allow police officers to stop drivers who are caught red-handed with their fingers tapping away at their smartphone screens. Though the bill doesn’t include reading off a cell-phone or using other devices while driving, it does prohibit drivers from actual texting. If passed by the House, motorists would have time to adjust to the new law by only citing a warning to motorists caught texting. Sadly, as of December 31st, 2019, drivers would be stopped and ticketed. According to the would-be law, drivers would get three points on their record, a $30 fine, plus fees to the costs of the court. Fortunately, loopholes exits. If a driver buys a Bluetooth hands-free phone, he/she can take a course on driver safety. Furthermore, the first offence would go unscathed. When passed, those in favor of the law expect accidents related to texting and driving to go down significantly. At present, a great number of pedestrian, bicycle, and motor vehicle accidents are the direct result of texting and driving. The bill, which last year only made it as far as the House, was denied due to concerns that police officers would have the legal right to invade the cell-phone owners privacy and raise concerns over racism or general prejudice with regards who police choose to pull over for allegedly texting while driving.

PERAZZO LAW SERVES THOSE INJURED IN ACCIDENTS DUE TO NEGLIGENT CELL PHONE USE IN MIAMI

road-work-ahead-2-1225792-300x225MOTORIST MAYHEM LOOMS IN MIAMI

In less than one month, the First Street Bridge will be shut down for three years in order to revamp the drawbridge that operates over the Miami River. According to the Florida Department of Transportation, the bridge, which allows for eastbound motorists to access downtown Miami, won’t be reopened until 2022. Hence, those hoping for a smooth commute into center city will have to ready themselves for bumpy nerve wrenching drive on what is expected to be a dose of motorist mayhem into downtown Miami. This project, according to the FDOT, is merely the first of the 55 projects aimed at improving Florida’s infrastructure, despite the headaches and rage residents will have to endure in the meantime. The plan is to modernize the 80-year old bridge by adding new seawalls along the river, build walkways by the riverbanks, include spacious bike lanes, and much more to justify the 67-plus million dollar project. Motorists may be wondering what to do and where to go in order to get to downtown Miami. Well, there are several detour options, one of which includes taking the West Flagler Street Bridge eastbound instead of westbound as the bridge will be turned into a two-way road. Motorists should visit the FDOT website for further information and learn about scheduled public meetings at the Miami-Dade Main Library and the Miami-Dade Hispanic Branch Library. Though these projects are meant to ease traffic congestion and improve the quality of life for residents and add to the visual appeal of Miami, short-term headaches and aggravation seem almost inevitable.

PERAZZO LAW SHARES ADVICE FOR DEALING WITH MOTORIST MAYHEM

CAR ACCIDENTS IN MIAMI OCCUR EVERYDAY, WITH ACCIDENT VICTIMS SUFFERING BODILY INJURY, VEHICLE DAMAGE, OR LOSSES. 

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Car accident victims that are involved in collisions are most often taken by surprise and don’t know how to react accordingly to the accident, especially if there are injuries to drivers or passengers. When this happens, a sense of desperation will most likely override common sense. That is why it is important for motorists to know how to act properly and what steps and measures to take following an accident in Miami-Dade or Broward Counties. There are times when motorists need to act quickly to the accident by making sure their lives are not in danger or they risk further injury. It is vital to make sure to take the necessary measures to make sure you and any passengers in your vehicle are safe and that injuries are attended to as quickly as possible. When an accident happens on a city street or avenue, motorists are advised to not move the vehicle until the authorities arrive. However, if it is necessary to move the vehicle, Perazzo Law recommends taking photographs of the accident scene and any damage to all vehicles involved.  This can only be done if the driver or the vehicle owner has the physical ability to do so. In other words, if the driver is seriously injured, then he/she can ask a passenger or a bystander to do this for them. Different rules apply when the accident takes place on a highway or interstate. In this case, the vehicle must be moved over to the shoulder, if safe and able to do so. The driver and any passengers must get off the highway to avoid being crashed into by any oncoming traffic. Visit the Perazzo Law Website for more in-depth advice on how to handle car accidents on city streets, avenues, and highways. The advice below corresponds to accidents that occur on city avenues or streets and when there is no risk of further injury. Read carefully and keep a copy of these steps with you in your vehicle. 

READ THESE STEPS CAREFULLY AND KEEP THEM WITH YOU 

carfire-300x225PERAZZO LAW SHARES CAR ACCIDENT NEWS

Davie, Florida: A 2016 Tesla S swerved out of control at approximately 90 mph and crashed into a tree, before catching fire and killing its driver, according to preliminary police and eyewitness reports. Though the incident is pending an official and thorough investigation, bystanders that tried to rescue the South Florida man from within the burning car, claimed that they were unable to open its doors and that the airbags had not deployed upon impact. This eyewitness testimony will be key in determining whether or not the man’s life could have been saved had the airbags deployed. The S owner’s manual states that the deployment of the airbag upon impact activates the retractable door handles which allow the car doors to be opened. If the investigation reveals that the airbags did not deploy and that the man died as a result, Tesla may be faced with yet another lawsuit and suffer a devastating economic blow. Even though the man was reported to be doing somewhere between 75 and 90 mph in a 55mph zone, the investigation will also center around what caused the car to lose control, ride over the medium, cut across lanes and slam into a palm tree. The Miami Perazzo Law serves car accident claims that result from defective car parts, faulty airbags, or poor vehicle maintenance service by third party service providers. If you, a friend, or relative has suffered personal injury, property damage, loss of wages, or have been stuck with whopping medical bills as a result of another individual’s negligence, Perazzo Law urges you to contact our Miami or North Miami Beach Office ONLINE today for FREE legal advice.

THE TESLA PITFALLStesla-1179002-300x225

at-the-yacht-club-1555621-225x300FLORIDA: Chartering a boat and taking to an ocean journey for a festive gathering can make for a memorable Miami moment. However, hiring a boat is different than hiring an Uber or renting a car, and when people fail to tell the difference, a boat ride can end tragically or simply go bust. Such was the case in Biscayne Bay this past Sunday when a 45-foot yacht called “Sea You Twerk’ was pulled over by the U.S. Coast Guard and held for violation of boating safety regulations. Unfortunately for the boat operators and the 14 passengers on board, the trip was cut short after the Coast Guard verified no licensed captain on board and no certificate of vessel inspection.  This latest incident is just one in a string of cases where unsuspecting people charter boats that may not meet with safety operating standards. The Coast Guard warns people to take caution when chartering a boat, or any water vessel for that matter, by making sure the operators meet all safety standards.

BOATING SAFETY AND REGULATIONS 

life-saver-1178355-300x225The best way to steer clear of serious injury from a boating accident is to be familiar with the rules and regulations pertinent to boat owners and operators. There are specific rules governing the command or usage of boats and water vessels according to the location and even the time of year. There are also laws regulating the type and amount of safety equipment that must be on board, such as long range communications equipment and life vests. In addition, there are laws limiting the amount of alcohol a boat operator may consume without running the risk of being charged with boating under the influence. Florida law requires that individuals under the age of 21 must take an approved boating safety course and be awarded a boating safety ID card to operate a boat with 10 horsepower or more. They must also carry the ID card and a photo ID issued by the Florida Fish and Wildlife Conservation Commission.

PERAZZO LAW SERVES HOTEL AND CRUISE SHIP ACCIDENT CLAIMS 

key-west-resort-1529488-1-225x300THE BAHAMAS: Fire swept through the Princess Cays Resort this past Monday night and struck panic among hotel staff and local residents. With an average of five Princess and Carnival cruise ships docking every week at the south port of Eleuthera Island in the Bahamas, yellow and red flames lit-up the night sky alongside beach chairs and umbrellas. Luckily, local firefighters and local staff were able to get the fire under control in just over an over. Princess Cruises reported no injuries and thanks to no passenger ships docking that day, there were no guests at the resort. Unfortunately, the flames were enough to damage several buildings across the 40 acres of land owned by the Princess Cruises Company, which last year renovated the Princess Cays Resort and added a marina.  The cruise ship Carnival Pride, along with its 2500+ passengers, was scheduled to arrive but had to set a new course for Half Moon Cay because of the damage the fire left behind at Princess Cays. It is still uncertain what led the blaze at the Bahamas resort.

PERAZZO LAW SERVES HOTEL ACCIDENT CLAIMS IN MIAMI AND FLORIDA

street-7-1199437-300x225PERAZZO LAW SERVES PEDESTRIAN ACCIDENT VICTIMS AND COMPENSATION CLAIMS IN MIAMI

FLORIDA: Today’s streets are no duck walk for Florida residents in cities such as Miami and Orlando; just two of the nine most dangerous places for pedestrians in the U.S., this according to the “Dangerous by Design’ report published by Smart Growth America and the National Complete Streets Coalition. According to the report, Florida pedestrians run a high risk of suffering severe personal injuries and even wrongful death by being run-over in the Miami-Fort Lauderdale-West Palm Beach area, which ranks 14th among the most dangerous places in America for walking. According to figures, there was a 35.7% increase in the number of pedestrian-related deaths in the ten-year period from 2008 to 2017, with over 49,000 reported fatalities across the U.S.A. With regards to Florida, close to 5.500 pedestrians died during that same time period. Ironically, traffic accidents declined by  just over 6% over the same ten years and can lead people to believe that driving is becoming safer than walking in Florida. Orlando ranks at the top in terms of Florida cities where pedestrian fatalities were reported, with 656 reported deaths from 2008-2017. Daytona Beach ranked 2nd, with Melbourne-Titusville and Sarasota-Bradenton ranking 3rd and 4th respectively.  The report aims to shed light on a truly terrifying trend for Florida pedestrians as the reasons for the increase in death rates can be attributed to social factors that combine with flaws in city infrastructure designs, which favored vehicles and not pedestrians. In other words, streets were originally designed for cars and not people, with the elderly ranking at the top when it comes to those killed in pedestrian accidents in Florida. It’s worth pointing out that most pedestrian accidents occur at intersections, at night, or within the minority communities.  The National Highway Traffic Safety Administration (NHTSA) reports that the rise in SUV and light truck use has led to more pedestrian deaths simply because being struck by these vehicles is more likely to cause fatal injuries. In order to revert this growing trend, experts believe that redesigning outdated urban streets is necessary to make cars and trucks less hazardous to Florida pedestrians. Experts believe pedestrian deaths can be averted by implementing intelligent solutions at urban crosswalks and intersections. Till then, pedestrians will have to keep their eyes peeled to the ever-growing traffic zipping through Florida’s urban areas like there’s no tomorrow.

PERAZZO LAW SHARES INSIGHT INTO PEDESTRIAN ACCIDENTS

PERAZZO LAW SERVES VICTIMS OF ATV-RELATED ACCIDENTS.

quads-1432669-300x225Miami-Dade, Florida: A child aboard an ATV crashed into a automobile Sunday afternoon and had to be taken to the hospital in a helicopter. The accident occurred during the annual “Bikes Up, Guns Down” rally at the intersection of NW 16th and NW 5th Court in Florida City.  Aerial footage showed reckless riding by the demonstrators, many of whom performed stunts on I95 and could be seen weaving in-and-out of traffic throughout Miami-Dade County.  Though ATV’s are fun to ride, especially round Miami Beach, some 400 ATV-related fatalities happen every year across the United States, with kids under 16 accounting for 1/3 of all all fatal accidents worldwide. From 2014-16, there were 60 reported ATV related deaths in Florida, which ranks 6th in the USA.  Though purely recreational for about 80% of riders, Florida law dictates that ATVs are prohibited on public streets, avenues, or highways. Furthermore, kids under 16 must wear a helmet regardless of whether they are riders or passengers. Non compliance could lead to fines as well as serious head injury in the event of an accident. Perazzo Law advises ATV operators to refrain from operating an ATV on public roads in order to avoid legal issues in the event of an accident or run-ins with the law.

quad-1448443-300x188Despite the misconception that ATV’s don’t require a license to be operated in public, the DMV and Florida law dictate that a valid license is required to operate an ATV. Operating an ATV, as detailed in s. 317.0003, in Florida is prohibited. However, operating an ATV is permitted by law for daytime use and on unpaved roads bearing under-35 mph speed limit signs. Furthermore, ATVs may only be operated by licensed drivers or minors supervised by a licensed driver. The ATV operator is obliged by law to show proof of ownership if requested by the authorities. Children under the age of 16 may ride or be ridden on an ATV as long as they wear eye protection and a helmet that meets United States Department of Transportation standards. Only individuals authorized by a state or federal agency may operate ATVs on public roads. Police officials may use ATVs on beaches and public roads in order to perform civil duties and uphold the law. First offenders of ATV violations may consist of  a written warning. A second offence will consist of a $100 fine, with third-time offenders on the hook for $250. The fourth offence fine doubles to $500, with the fifth offence equal to a $1,000 fine or 90 days behind bars.

PerazzoLawFirm-GoogleImageTHE PERAZZO LAW FIRM SERVES PASSENGERS HURT IN CAR ACCIDENTS IN MIAMI-DADE AND BROWARD

miami-posters-1-1416986-300x225Just like in most cosmopolitan cities throughout the U.S.A, dealing with traffic is an inevitable part of the everyday hustle and bustle for residents and visitors. And when it comes to driving, Miami has its fair share of rules and regulations with which to make getting around a safe and enjoyable experience.  A mecca for entertainment that appeals to visitors from all over the world, being a passenger in Miami can either be a moment to remember or one you wish to forget. Motor vehicles ranging from large and loud trucks to small and silent scooters can be spotted cruising Miami’s streets, avenues, and roads. To boot, modern rideshare and convenience delivery services such as Uber, Lyft, Amazon Prime Now, DoorDash, and InstaCart, can turn driving into a nightmare. Furthermore, when it comes to cluttering urban streets, the scooter craze has swarms of riders wreaking havoc on unexpecting motorists. This motorized reality has its dire consequences, as when combined with negligent cellphone use, the chances of an accident surge.

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PASSENGER ACCIDENTS  Passengers and drivers are almost always hurt when cars collide, especially at high speeds and on highways. Studies find that passengers are just as likely to suffer the same, if not worse injuries than the driver of the car in which they were riding. Fortunately, passengers injured in car accidents have the legal right to hire a personal injury lawyer with whom to seek compensation for damages or losses incurred from an accident. Even though there are accident cases in which a motorist will have no right to claim for damages or injuries, the passenger will be found free of fault in 9 out of 10 accident cases. A driver’s insurance policy, (See TOP TEN INSURANCE POLICIES), will often be limited to how much it can offer in compensation for medical expenses and other damages. This point becomes crucial when the passenger has suffered severe personal injuries which exceed the driver’s insurance policy limit. If legal proceedings follow the incident, a court ruling will have to determine fault for the accident. When a motorist is found to not be at fault, he/she will not be held legally liable for the passenger’s claim for personal injury compensation. This does not particularly mean that the passenger should not seek compensation for serious injuries or losses incurred by the accident. When an accident involves two or more motor vehicles, the passenger should hire a Personal Injury Lawyer to seek compensation from the insurance providers of the other motorists. Perazzo Law reminds passengers hurt in car accidents that they have the legal right to seek compensation for their personal injuries, damages, and losses in Miami.