Panama City Florida Injury Lawyer Blog

What would you do if your car was heavily damaged in a wreck? Would you repair it, or would you buy a new one? In most cases, your insurance company will make that decision. Its decision is based on state law that requires a car to be totaled out if the cost to repair exceeds 80% of its value. It's also based on the insurance companies internal policies. Some total out much lower than required by state law, some as low as 51% of the value. Once the car is totaled, the insurance company pays the actual cash value less the deductible amount to you and sends the car to a salvage yard to be sold at auction for parts. It keeps what the scrapped vehicle sells for at auction.

If you loved Old Nelly and can't bear to part with it and want to get it repaired despite the cost, the insurance company will probably pay you the same, except that it might deduct what it figures it could have sold the car for at auction. Then, you could pay out of your pocket for Old Nelly's repairs. A common complaint from people is that "my insurance company didn't pay me enough for my car." They think Old Nelly had a higher value than the company placed on it.

Some good places to look for value are edmunds.com and kbb.com (that's Kelley's Blue Book). Input things like your car's equipment, mileage, general condition before the wreck, and your zip code. In seconds, those sources will compute the average value of your car. You can compare those figures with the insurance company's offer and to argue for a larger payment. Another option is to hire an independent appraiser to inspect your vehicle and write a report that you can give to the adjuster. Body shops will put you in touch with appraisers. Finally, you have the option to hire a lawyer to increase the odds of getting a higher payment, but you have to ask if the fight in court will be worth it. The best thing to do? Stay alert, and avoid a wreck!

We've previously discussed the so-called "PIP reform" efforts that took effect this year, noting that the changes may prevent accident victims from receiving crucial compensation. The law contains a number of traps for the unwary, requiring victims to adhere to some complex procedures in order to qualify for coverage. The reforms that kicked in at the start of 2013 make it even more important for accident victims to seek prompt medical and legal help. As an experienced Florida lawyer focused on helping Panama City car accident victims recover needed monetary compensation, Attorney Pittman understands the maze of PIP coverage and can help injured people obtain money that they are due, funds promised by the very insurance policies they've paid into for many years.

Order Puts Elements of PIP Reform on Hold, Governor Vows Appeal
Last week, as discussed in a News Herald piece, a Florida judge took a sharp look at the recent changes to PIP and to the system in general. In a Tallahassee courtroom, Leon County Circuit Judge Terry Lewis declared that the reforms may be unconstitutional and therefore must be temporarily suspended. In passing the reforms, including requiring proof of an "emergency medical condition" in order to qualify for the full $10,000 of PIP coverage, legislators said they wanted to reduce fraud and prevent a resulting increase in the cost of insurance. Another element of the reform package disallowed PIP payments to acupuncture practitioners and massage therapists. Judge Lewis said that the reforms may not pass constitutional muster because, in part by limiting available medical treatment options and cutting out access to certain providers, the PIP system may not be adequately compensating Florida drivers for sacrificing their right to bring a civil lawsuit.

Florida introduced PIP in the 1970s, replacing the traditional system of "at fault" liability for auto accidents of a limited size in an effort to reduce litigation costs. PIP is short for "personal injury protection." It is an element of your own insurance policy that Florida motorists must carry pursuant to Florida Statutes Section 627.736. PIP covers the first $10,000 of your injuries and lost wages following an auto accident, regardless of fault. However, as the News Herald notes, many believe that the non-fault PIP system has led to a huge problem with fraud including staged accidents and exaggerated injury claims. Lawmakers and insurance industry officials put the cost of fraud at $1 billion a year, costs that are passed back to consumers with higher premiums. This figure is part of what inspired the PIP reforms that took effect on January 1, 2013.

Judge Lewis's order halting parts of the PIP reform questioned whether, given the recent changes, no-fault remained a reasonable alternative to rights granted and protected by the Florida State Constitution. While noting that others may disagree, he concluded that the system, with the so-called "reforms" in place, no longer met this critical requirement. The does not entirely dismantle the no-fault system, but it does block several of the new measures, including the exclusion of certain practitioners and the limit on payments for an injury that doesn't qualify as an "emergency medical condition." Gov. Rick Scott, along with has vowed to appeal the order, an action that may block the injunction pending a hearing before the appellate court. At the same time, State Sen. Joe Negron, who sponsored last year's bill, has proposed ditching PIP for a new system more like the state's former tort system and more akin to the system's in place in a majority of U.S. states.

Following the Issue, Protecting the Injured
In order to protect people injured in the Panhandle region, our Panama City personal injury law firm will continue to follow this matter. If you are injured in a car accident in Florida, you should seek prompt medical attention and also reach out to an experienced attorney for legal counsel. Remember - At The Pittman Law Firm an initial consultation is always free and most injury cases are handled on a contingency basis so there is no fee unless you recover money.

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Your PIP Insurance Has Changed

Understanding No-Fault Law and Florida Car Accidents

(Photo by Brian Turner)

Like many others across the country, the team at our Panama City personal injury law firm listened with disbelief as the story hit the news on Friday. We've all heard of sinkholes and seen images of roads dropping away, cars clinging to broken pieces of asphalt around a hole that resembles Hollywood's image of a meteor strike. However, the story of a hole opening up suddenly underneath a home on an otherwise common weeknight struck us on a much deeper level. Our hearts immediately went out to the victim and his family. As members of a legal team, our minds also turned to the fight the family may face as they face both the financial and emotional consequences of the tragedy.

Sinkhole Swallows Bedroom, Man Dies Despite Brother's Brave Rescue Efforts
Witnesses told CNN that they heard a deafening noise on Thursday night in Seffner, a Tampa suburb. Jeremy Bush reports hearing his brother Jeff scream. He ran to Jeff's room, or where Jeff's room had been, to find everything in the room gone. Jeremy tried frantically to save his brother, jumping into the hole and digging at the rubble until the floor collapses further and a sheriff's deputy pulled Jeremy back to safety. Jeremy was uninjured, though his grief and distress was clear to anyone who saw him on news reports the next day. Four others who had been in the home, including a two year-old, got out safely.

Rescue officials took over the search for Jeff Bush but they eventually had to admit defeat. On Saturday morning, Hillsborough County Administrator Mike Merrill told reporters that they had been unable to locate the thirty-six year old and had determined that survival was not possible. Officials also reported that they were unable to recover the body from the sinkhole that gapes 20 feet wide is more than 50 feet deep. Attention then shifted to razing the house, a precarious effort since it could collapse at any time. Workers are doing what they can to salvage belongings, including military awards, photos, and a family Bible, from a home that had housed the family for generations. Merrill said that officials needed to get a better view of the sinkhole in order to determine the next steps.

Sinkholes and Sinkhole Insurance in Florida
In reporting on the tragedy, CNN noted that sinkholes are relatively common in Florida because the state sits on limestone and other rocks that can be worn away by acidic groundwater, creating voids that collapse when the rock is no longer capable of supporting the materials above it. Hillsborough County is part of an area referred to as "sinkhole alley" and a state report indicates that two-thirds of Florida's sinkhole-related insurance claims stem from the region. The Florida Department of Environmental Protection ("DEP") has a useful Frequently Asked Questions that provides information for general interest and for Floridians impacted by sinkholes.

Florida law on insurance coverage for sinkholes has changed significantly in recent years. Previously, insurance coverage for sinkholes was mandatory. As indicated by the DEP, the law now requires that insurance companies provide coverage for "catastrophic ground collapse," but this may not always cover sinkholes. Specific coverage for sinkholes is available, but not mandatory. The law sets forth complex rules governing suits against insurance companies for sinkhole or other ground collapse coverage, including in investigation process. Working with an experienced Florida insurance coverage lawyer is essential to complete recovery in the event of residential ground collapse.

Our thoughts are with the Bush family as they confront the emotional and financial losses stemming from last week's tragedy. Our Panama City insurance coverage law firm team knows that monetary damages cannot bring back a lost loved one. However, we also know that financial resources are vital following a tragedy. You've paid for your insurance, let our experienced team help you get the money you are due.

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Your Yearly Insurance Review

Hurricane Safety Reminders

(Photo Credit: Jhayne)

The insurance industry uses tricks of the trade to boost its bottom line even though it has trillions of dollars in assets and makes average profits of over thirty billion dollars a year. Some of the best known companies that spend enormous amounts of advertising money to gain your trust are the worst at trickery.

One of their tactics is simply to deny valid claims. If they don't pay a legitimate claim, they make more money. Some have rewarded employees who got away with denying claims and replaced employees who wouldn't issue denials. Too many companies routinely delay accepting claims as legitimate knowing that many claimants will get tired and give up. A shameful use of delaying tactics is by long-term care insurers who know that if they delay payment long enough, a certain number of their policyholders will die, and the claims will go away. Some health insurers have taken to retroactively cancelling or rescinding policies when their policyholders' health conditions have become expensive to treat. And some have even offered bonuses to employees who meet "cancellation goals." At their most vulnerable, cancer patients have been stripped of their insurance.

Another dirty trick of insurance companies is the use of confusing terms or language in policies. Although most states now have laws requiring that contracts be written in everyday English instead of legalese, some companies persist in pulling the wool over policyholders' eyes. A good example occurred after Katrina when the companies used "anti-concurrent" clauses to deny payments to people who thought they had hurricane coverage. Who knows what an anti-concurrent clause is? That's the point. If you are confused by an insurance company or are tired of its delaying tactics, don't give up. Get legal help. I can't guarantee a lawyer can win your case, but it's guaranteed that you'll be a lot closer to having a level playing field.

With more than thirty-five years' experience as a Panama City personal injury lawyer, Attorney Wes Pittman understands that car accidents leave victims with both emotional and physical scars. The mental suffering may be compounded where the driver who caused the crash fails to stop and take responsibility for his or her actions. Hit-and-run accidents leave both the immediate victims and the community overall as whole angry, disillusioned, and looking for answers.

A Pending Case and a "Hit and Run Car Culture"
A jury seated in a local courtroom is being asked to weigh the evidence against a Panama City Beach woman charged in a hit-and-run that killed a local pedestrian. According to the News Herald, twenty-three year old Juliana Ellzey stands accused of hitting twenty-six year old Allison Simms, a pedestrian, and then fleeing the South Thomas Drive scene during the early hours of January 20, 2012. Panama City Beach Police arrested Ellzey about twenty-four hours after the collision and police reports indicate that Simms' DNA was found on the hood of the Chevy Trailblazer that the defendant said she was driving the prior night. The first-degree felony charge of leaving the scene of a collision involving a death carries a potential thirty year prison term. Prosecutor Bob Sombathy has asked Judge James Fensom to prohibit the defense from offering certain evidence regarding the reputations of both the victim and the defendant.

The Ellzey/Simms case is just one of the many hit-and-run accidents seen on Florida's roadways. While we hope things have improved in the recent years, since Time magazine ran an article on November 20, 2009 titled: "Florida's Deadly Hit and Run Car Culture," statistics are tough to come by. In the Time article, they noted that South Florida continually held the dubious position of being among the nation's most dangerous regions for fatal hit and run collisions. While the article focused on the southern half of our state, our region sees more than its share of hit-and-run crashes, a fact we know firsthand from talking to the victims.

Sources of Compensation for Florida Hit-and-Run Victims
Hit-and-run victims have the right to be compensated for their injuries. In Florida, if the hit-and-run driver remains unidentified, the first recourse for victims is their own Personal Injury Protection ("PIP") Insurance. As we discussed in these pages last month, significant changes took effect on January 1 that impact PIP claims. These changes make it even more important that victims, including those involved in hit-and-runs, seek prompt medical care. Victims must also be sure to get referrals if they need follow-up care.

If a hit-and-run victim's injuries exceed the value of their PIP coverage (usually $10,000), the next recourse will be the Uninsured/Underinsured Motorist ("UIM") portion of their insurance. While insurance companies must offer UIM coverage, drivers are not required to purchase this coverage. The hit-and-run scenario is just one of the reasons we recommend that all drivers purchase UIM coverage. In addition to paying for injuries above the PIP limit, UIM coverage can also include damages for pain and suffering as well as victim's diminished earning capacity. As with any claim, insurance companies are not eager to pay and hiring an experienced Florida insurance lawyer can be crucial to recovering the full amount you are due.

Police, victim's counsel, and the victim's insurance carrier may all be involved in helping identify a driver who fled the scene of an accident that caused injury or death. If the driver involved in a hit-and-run is later identified, a victim can file a personal injury claim in civil court. A Panama City injury lawyer can help the victim prove that the other driver's negligence was the direct cause of the victim's injuries. As always, the civil case will proceed separately from any criminal suit against a hit-and-run driver.

Concluding Thoughts from a Panama City Hit-and-Run Victim's Law Firm
If readers take away only one message from this post, let it be this: Hit-and-run victims, like any victim injured by someone else's negligent or wrongful acts, have the right to be compensated for their injuries. Medical care should always come first, but victims of hit-and-run accidents in northwest Florida should call a Panama City hit-and-run injury lawyer as soon as possible in order to protect their legal rights. We can help.

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Understanding Damages Following Florida Car Accidents

(Photo by Robert Linder)

Last week, I began my yearly review of auto insurance options that make sense. We discussed PIP and property damage liability coverages. These coverages are required to get a license tag. My recommendation was to get the full ten thousand dollars of the required PIP without a deductible to maximize your protection.

In the area of bodily injury liability coverage, which is there to save your assets in case you negligently injure someone else, I suggested a minimum of fifty thousand dollars. Other important kinds of auto coverage are available for purchase. Typically, you will get five thousand dollars of medical payments coverage when you buy PIP coverage. You can buy more to protect yourself and passengers from the large medical bills that can mount up after a wreck.

Ordinarily, you will also buy collision coverage to repair or replace your car if an at-fault driver doesn't have insurance, and you may get comprehensive coverage to take care of incidental damage like broken windows. However, to save money, many people don't buy comprehensive coverage. Don't overlook uninsured (UM) and underinsured motorist coverage. They are incredibly important since so many other drivers on the road drive uninsured or underinsured for damages they might cause to you. Unless you reject uninsured motorist coverage in writing when you buy your bodily injury liability coverage, you will automatically have it on your policy in the same amount as the BI coverage.

If you have more than one vehicle on your policy, select stacking coverage. It doesn't cost much more, but it does provide a huge advantage for you since your UM coverage, bought to protect yourself, will be multiplied times the number of cars and trucks on your policy. Finally, you might want to consider towing, rental reimbursement and gap insurance if your car is financed. I hope this review has helped you.

Every year at about this time, I like to review auto insurance with you. Many options are available to you, but some kinds of auto coverage are required. In Florida, the required coverage for the privilege of purchasing a license tag are a minimum of $10,000 of PIP coverage, which we recently talked about, and the same amount of property damage liability coverage. Surprisingly, Florida doesn't require people to insure for bodily injury they may cause to others, but it does require drivers to be financially responsible for bodily injury to others to the extent of $10,000. If a driver injures someone and doesn't have that amount of money (in coverage) to pay for the damages, the driver's license can be suspended.

It's a good idea to buy bodily injury liability insurance to keep that from happening. I recommend a minimum of $50,000 of coverage. The property damage liability I mentioned earlier is to pay for the damage you do to someone else's property if you are negligent. It will pay for damage to the other car but is not confined to that. It will also pay for things like buildings, fences, and power poles that are damaged and for injuries to animals.

PIP coverage will pay some of your medical expenses and lost earnings, regardless of who is at fault in a wreck, and it also pays a modest amount of funeral expenses. The basic PIP limit, as I said, is $10,000, but more can be bought. I encourage it for your own sake. You want money to come in as needed after an injury to replace your lost wages. I also advise against opting for a deductible on PIP coverage. You won't save enough money to sneeze at, and it's likely you will need all the PIP coverage you have if you are hurt. Other kinds of auto coverage are available and are very important. Next week, I will tell you about some of them.

If you buy insurance, you need to know how to get the maximum benefit you are due from it if an accident happens. That is incredibly difficult after the new no-fault insurance law took effect on January 1. You still have to pay for the full $10,000 no-fault coverage, sometimes referred to as PIP coverage, required by law. Yet, the politicians have drastically cut what the insurance companies will have to pay out for your medical care.

Last week, I said I would tell you how to protect yourselves as much as you can under, and maybe from, this new law. Here it is. Following a wreck, if you have any injury, go to a doctor or hospital within fourteen days of the wreck. Only if you go within fourteen days might the insurance company have to pay eighty percent of the health care bills up to the $10,000 PIP coverage limit. If you don't go within that time, the carrier is not obligated to pay.

After you have gone to a doctor or hospital within fourteen days, the same rate of payment, eighty percent of the bills, will be paid for care you get in followup, but it's not automatic. You have to do some things. Get a medical referral for the followup if you have to go to a doctor different from the one you first saw. Without the referral, it won't be paid for. Then, make sure the new doctor knows what the first one diagnosed. If the followup doctor's records don't show that you were treated for a problem consistent with the underlying medical diagnosis of the first doctor, you will be out of luck.

Finally, only if the care you get is emergency care for life threatening problems is it likely that you will ever get the full $10,000 of coverage you are paying for. If the doctor says it wasn't an emergency, the most you will get from the $10,000 policy you paid for is $2,500 of coverage. Florida's governor and legislature did nothing for you, but it did a lot for the insurance companies.

Our legal team at The Pittman Firm works with victims of car accidents in Panama City and throughout the Panhandle region. Our clients include other drivers, pedestrians, and motorcycle/bicycle riders injured by careless drivers on our local roadways. A recent headline reminded our Panama City accident attorney that the victims of careless driving and other roadway dangers can also include other bystanders, some of whom could never imagine the circumstances leading up to their involvement in an accident case. While it was actually a scene on a popular show a few seasons back, no one imagines the moment when a car crashes into a house will actually become a reality.

97 Year-Old Woman Awoken by Pick-up Crashing Through Bedroom Wall


The Penrod family, spouses Jim and Carol along with Jim's ninety-seven year old mother Jean, told reporters from WJGH that they were sleeping peacefully during the early morning hours on Tuesday January 8. At around 1:30 A.M., Jean awoke to a loud crash and felt debris falling onto her face. She later learned that a Dodge Ram pick-up truck had crashed through her bedroom wall, passing into a closet and bathroom before coming to rest. It appears the unidentified driver hit the driveway and became airborne before hitting another portion of pavement and taking flight again, this time into the Port St. Joe home. The impact pinned Jean to her bed and it took about an hour for firefighters to free her from the wreckage. Her daughter-in-law expressed thanks that she survived while Jean added a special thank you to the firefighters who managed to save a picture from her 1938 wedding day. Jean lost almost all of her other possessions, including items made by her late husband and furniture from her married life.

Understanding and Responding To a Vehicle Crashing Into Your Home

No one expects to be involved in a serious accident on the roadway, but it is certainly even more unexpected to be involved in a car accident from the comfort of one's home and one's bed. There are a few different scenarios that might give rise to a vehicle crashing into a building. Such a crash may result from any of the following (or a combination thereof): Drunk/Impaired driving; Drowsy driving; Dangerous roadway design; Hazardous road conditions; or a Faulty/Defective Vehicle or parts. In most all of these situations, the victim will have a strong claim for negligence supporting a civil suit for monetary damages.

What should you do if faced with such an unexpected event as a car or truck crashing into your home? First and foremost, you should seek medical attention for any injuries. This is important for your health and prompt medical attention can also be important for getting medical expenses covered by a relevant insurance carrier or in a civil negligence suit. You should also try to collect and preserve evidence by taking pictures of the damage and obtaining copies of any police reports. Additionally, keep copies of any repair estimates and expenses as well as medical reports, related bills, and other paperwork. You will also want to consult your homeowner's policy to make sure you make them aware of the incident as necessary.

Legal Counsel for Unusual Auto Accident Cases

It is also crucial that you contact experienced legal counsel. Costs can pile-up quickly including medical bills, treatment for emotional distress, repair bills, and even the potential need for short-term housing. Cases like the recent Port St. Joe collision can involve the interplay of multiple insurance policies (including your own and the driver's) and a number of different legal concepts and possible civil defendants. Attorney Pittman can help you explore all potential legal remedies and help you sort out applicable filing deadlines and other requirements.

Every case and every client is unique. Our Panama City car accident law firm has dealt with all manner of accidents, including many out-of-the-ordinary cases. No case is too unusual. We are here to help you sort through the details and we can apply our knowledge and experience to your unique circumstances.

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Understanding Damages Following Florida Car Accidents

(Photo by Todd Dwyer)

At midnight on December 31, your insurance may have changed. You probably didn't know it. Here are some facts about the bad law that passed last year but became effective January 1 thanks to the insurance industry and our state's politicians.

Under the guise of preventing auto insurance fraud, the new PIP law is in effect. PIP stands for personal injury protection. If you are hurt in a wreck, the PIP portion of your own insurance policy pays the first $10,000 of your medical bills and lost wages. I should say it used to. Even though you will pay for that amount of coverage, the governor pushed through a law that makes it very doubtful that you will get more than one-fourth of that amount of coverage even though you will pay for the full amount.

Payments for non-emergency care are reduced to $2,500 under the new law. Payments for massage therapy and acupuncture, which help a lot of people who have muscular tears or strains in a wreck, are eliminated. The touted reason for changing the law was to reduce premiums for you and me. The goal was to cut PIP premiums by ten percent. Yet, after ninety-three rate approvals by the Tallahassee authorities, we are getting only a 1.5 percent reduction while we stand to lose seventy-five percent of the coverage.

Our governor's Let's Get To Work Committee got a $100,000 contribution from the insurance industry two days before the bill was passed following his arm twisting. Without delay, he signed it. The big changes to our old PIP law that gave us good protection are in new policies written after January 1 and for those renewing after January 1.

Time today does not permit me to tell you how to maximize your insurance benefits if you are in a wreck, but I will do that next week. If you are unfortunate enough to be hurt before then, call or email me immediately, and I will gladly give you some guidance.

When clients come to our Panama City car accident law firm, they are looking for answers. Our job is to help accident victims understand how Florida law applies to their unique situation and to help them explore all options for compensation. In some cases, this means battling the injured client's own insurance company in order to help the victim obtain the full value of the insurance they've paid for, making sure the insurance company does not get away with an unfairly low payment. Other times, this means going after another driver whose negligence led to the accident.

Florida law is very complex and navigating it is our job. While it is no substitute for legal advice, we hope this blog helps members of our community understand some of the key concepts that impact claims in civil court. This post deals with a principle that can be particularly confusing to newcomers to our state - the Florida no-fault system.

Florida's No-Fault Law: The Concept and Its Limits
Florida is a no-fault state. This differs from the traditional tort concept where recovery is based on fault. Twelve states, plus Puerto Rico, operate on a no-fault system. In Florida, if you are injured in a car accident, a portion of your own insurance known as Personal Injury Protection ("PIP") applies. This coverage is required by Florida Statute Section 627.736. PIP coverage pays eighty percent of reasonable medical expenses and sixty percent of lost earnings regardless of who caused the accident. Your PIP coverage also includes members of your household other than the driver, such as a child who is a passenger at the time of a collision.

Florida's no-fault law also has limits. It does not pay for property damage and a driver may have a claim against the other driver's property damage insurance. No-fault coverage does not pay for medical bills that exceed the victim's PIP coverage limit. Additionally, a victim has the right to bring a claim against an at-fault injury when the victim sustains a "serious injury." Whether an injury qualifies as "serious" is a legal-medical question, but generally it involves permanent injury or disfigurement/significant scarring. Likewise, where a car accident results in death, the victim's family generally has a right to sue to at-fault driver.

Theory, Practice, and Upcoming Changes
Why does Florida use a no-fault rule? The goal of the system is to provide quicker payments to injured individuals and allow for faster medical treatment. However, this is not always the case and often victims will find themselves in a battle with their insurance company over the amount of coverage. Critics of the no-fault system also note that it may not effectively discourage reckless driving behavior. Engaging an experienced Florida accident attorney is crucial if you want to receive the maximum compensation the law and your policy provide. An injury attorney can also help you explore whether you have claims beyond those against your PIP carrier.

Additionally, as we reported previously, earlier this year the Florida legislature introduced changes to the PIP system. While the legislature suggests these changes will lower premiums, they may also make t easier for insurer's to limit or deny coverage. Insurance companies will be able to limit coverage to $2,500 in some cases, forcing victims to fight harder for their rights. We will continue to follow the new law as it takes effect (mostly at the start of next year) in order to continue providing top-notch service to our clients. Please call if our Panama City law firm can help you.

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With over thirty years of experience, The Pittman Firm provides knowledgeable and experienced representation to individuals injured in Panama City motorcycle accidents. We know that every accident impacts a very real rider. This understanding makes it even more upsetting to read about two separate motorcycle accidents that occurred in our region in a short two day period.

Two Crashes in Two Days
On Friday October 12, a crash at the intersection of Hutchinson Boulevard and Clara Avenue left two motorcycle riders injured. As reported in The News Herald, Donna Kaye Johnson of Alexandria, Alabama was driving southbound on Clara Avenue in a 2002 Honda Accord. According to Panama City Beach Police, Johnson failed to stop at an intersection and drove into the path of a 2010 Harley-Davidson. Both riders, Michael and Tommy Hayes of Gardendale, Alabama, suffered injury and a local hospital admitted both in critical condition. Johnson was uninjured. The accident remains under investigation.

A second accident hit the headlines of The News Herald the following day. Per Florida Highway Patrol, the crash occurred just after noon on Saturday October 13. The motorcycle operated by fifty-six year old Alvin Chapman ran off the road and hit a tree in Walton County at State 20 and South Jackson Street. Chapman suffered significant injuries and authorities transported him the Bay Medical Center Sacred Heart Health System in serious condition.

Our Panama City motorcycle injury law firm is saddened by these reports but wanted to take this moment to comment on two issues pertaining to motorcycle accidents in Florida:

Liability in Florida Motorcycle Accidents
As a law firm with experience advocating for injured motorcycle riders, The Pittman Firm understands that motorcycle accidents can have a wide range of causes. Experience and studies suggest most motorcycle-automobile accidents are the result of a negligent or inattentive automobile driver. This can include an intoxicated driver, a driver who does not properly share the road with a motorcycle rider, or a driver who fails to see a cyclist. In such cases, the cyclist may have a civil claim against the driver.

Drivers are not the only danger to motorcycle riders. Accidents can stem from a defective bike or defective safety equipment. In other cases, hazardous road conditions are to blame for a rider's injuries. These factors may be particularly important in a single vehicle crash. A core underlying truth -- the fact that no other vehicles were involved does not always mean the rider is to blame.

When a rider calls our firm, we investigate all factors that may have contributed to the accident using a range of tools include accident reconstruction. We seek every source of liability to help an injured rider recover after an accident that was not the rider's fault.

Motorcycle Insurance in Florida
Florida's law on motorcycle insurance can be confusing. As a general matter, the law does not require motorcycle insurance in Florida for riders over 21, but the DMV highly recommends it and warns that riders may have personal liability for an accident if they fail to carry insurance. Some riders with poor records may be required to carry insurance.

Even if insurance isn't required, it is smart. Most sources recommend carrying coverage of at least $10,000 for a single person in bodily injury coverage, $20,000 for two or more injured people, and $10,000 in property damage liability. Please keep in mind that if you are involved in an accident your insurance carrier is not on your side. It is vital that you contact a skilled Panama City motorcycle coverage lawyer to ensure you receive the benefits due under your policy.

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As this post is being written on Sunday August 26, we join everyone in our community in watching closely to see how Isaac will impact our region's weather. Our Panama City personal injury law firm knows that, while the beautiful climate is a hallmark of our region, the threat of storms is always a reality. Life in Florida carries the risk of severe storms and it is crucial that residents be aware of and prepared for the possibility of inclement weather.

Hurricanes in General

Tropical cyclones are rotating organized systems of clouds and storms that form over tropical or sub-tropical waters. Storms reach hurricane status when the system's strongest sustained winds exceed 74 miles per hour (in other regions, the term typhoon can apply). There are five categories of hurricanes based on wind strength and the term "major hurricane" applies to Category Three, Four, or Five storms where winds top 111 miles per hour. For the Atlantic region, the hurricane system spans from June through November.

For coastal regions, storm surges and large waves carry the greatest threat to life and property. Storm surge is the abnormally large rise of water generated by the storm winds. Surges can top twenty feet and impact hundreds of miles of coastline. Storm tide combines that threat with the astronomical tides to create even larger expanses of water. Waves can claim lives, destroy buildings, and erode land. Additional threats related to hurricanes include high winds, extreme rainfall, and dangerous rip currents. Hurricanes can also spark tornadoes that may lead to additional damage.

Before, During, and After the Storm

People in hurricane-prone regions, including here in the Florida panhandle, should have emergency kits prepared in case a hurricane becomes stronger than expected. This should include a three-day supply of both water and non-perishable food for all members of the household. A family communications plan is another key piece of advance preparation. You should also consider dangers specific to your surroundings, such as the location of levees and dams. If a strong storm is predicted, you should secure your home and property, including covering windows with storm shutters, clearing gutters and downspouts, and bringing in any outdoor furniture or other loose items. Those in high-rise buildings should plan to shelter below the tenth floor.

It is vital to listen to news outlets and obey any instructions from local or state authorities. They will let you know whether it is necessary to evacuate or if you should remain sheltered in your secured home. In some cases, you may be asked to turn off utilities. If you are not evacuated, you should remain indoors and keep all doors, curtains, and blinds closed for additional safety. A small internal room, even a closet or hallway, is generally the safest place to wait out a storm. Filling a bathtub with water to be used for cleaning or flushing is another good precaution, although you should stick to bottled water for drinking.

You should continue to exercise caution after the storm. Roadways can be flooded and driving through water is always dangerous. You should carefully inspect your home for damage, especially problems relating to gas or other utility lines. Listen for specific instructions from safety personnel about resuming normal activities.

Storms often leave both injury and property damage behind. If you receive a denial on an insurance claim, consider contacting a skilled Panama City insurance lawyer. While policies may have weather-related exclusions, you should never rely on the word of an insurance company when it comes to a denial of coverage. Simply put, the insurance company is a business and never wants to pay if they can get away claim-free. Read your policies carefully and call our team. Attorney Pittman can help you understand your policy and your rights.

For more information on hurricane safety (and other types of emergency preparedness), see the Federal Emergency Management Agency's Ready.Gov website.

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Are You Prepared For the 2011 Hurricane Season?

Insurance Companies Tricks of the Trade

Last week, I discussed some of the insurance companies' dirty tricks to deny claims or delay payments. Consider this scenario used by one to increase profits. You are in your car running an errand. Suddenly, a pickup truck crosses the center line from the opposite direction and smashes into you. Waking from the coma days later, you have collapsed lungs, broken bones, medical bills beyond imagination, and the news that your next painful months will be under the constant care of doctors.

Now, you get unwanted news from the insurance company that you had paid premiums to for years. It's denying coverage to you, because it claims the driver who hit you acted in a moment of deliberate road rage, so the accident was not really an accident at all. As such, it wasn't covered. You can't work, your bills pile up, and your insurance company has said "goodbye" to you. This happened to a 60-year-old woman who had a $2 million policy with one of the largest insurance companies in the U.S. That insurance company, like others, is in the business of denying claims, not paying them, as a way to boost profits. Her company even had an employee incentive program that offered prizes to adjusters who met low payment goals.

It wasn't and isn't the only insurance company systematically denying claims without good reason. One company gave adjusters who denied valid claims rewards like portable refrigerators. Following an earthquake in California, one company's officials forged signatures on waivers of earthquake coverage to avoid paying claims.

These travesties of justice are sometimes caught by vigilant attorneys as was the case for the 60 year old lady in the bad wreck. She prevailed but only after a legal battle. Too many people are victims twice in a wreck, first, because of the fault of a careless driver and, then, a second time, from the dirty tricks of an insurance company. It can be the same with any kind of coverage. Watch carefully.

The U.S. insurance industry has trillions of dollars in assets, enjoys average profits of over $30 billion a year, and pays its CEO's more than any other industry. But insurance companies still engage in dirty tricks and unethical behavior to boost their bottom lines even further.

Some of the most recognized insurance companies, the same ones that spend billions on advertising just like oil giant BP does in its industry, trying to earn your trust, have worked out methods to deny claims, delay payments, confuse consumers with incomprehensible language, and retroactively refuse anyone who may cost them money. Some of the nation's largest insurance companies, including one that received a huge government bailout, have denied valid claims in an attempt to boost their bottom lines. These companies have rewarded their employees who successfully denied claims, replaced employees who would not, and when all else failed, engaged in outright fraud to avoid paying claims.

Many insurance companies routinely delay claims, knowing full well that many policy holders will simply give up trying to get payments that they deserve under the policies they paid for. Some have gone so far as to lock paperwork away in safes. The most shameful use of delay tactics has been by long-term care insurers who often take advantage of their policyholders' age and ill health. One regulator, who spoke plainly, said, "the bottom line is that insurance companies make money when they don't pay claims...they'll do anything to avoid paying, because if they wait long enough, they know the policyholders will die."

Insurance contracts are some of the most dense and incomprehensible contracts a consumer is ever likely to see. It's time for reform, alright, but insurance reform, not tort reform. A good start for our lawmakers would be for them to require insurance contracts to be written in plain English.