Florida – When passing another car on the right is permitted.

Ordinarily one would assume that it almost always impermissible to pass someone in the right lane. As we all know from driver’s ed, the left lane is for passing! However, there are specific circumstances in Florida when passing on the right is legally kosher.

Florida Statute § 316.084 “When overtaking on the right is permitted.”
(1)The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:
(a)When the vehicle overtaken is making or about to make a left turn;
(b)Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;
(c)Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(2)The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
(3)A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 108, ch. 99-248.

It is important to note that conditions A, B, or C must be fulfilled and that the driver must also overtake and pass “only under conditions permitted such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.” Obviously, this statute becomes an issue when wrecks occur due to the failure of motorists to exercise due care when driving on the Florida roads. If you are dealing with an insurance claim or lawsuit involving a car wreck, our firm would be more than happy to try and assist you with these matters. We handle cases in Destin, Fort Walton Beach, Navarre, Mary Esther, Panama City, and others. Please contact our firm via phone for a free consult.


Who will pay my medical bills after an automobile accident?

If you have been in a wreck in Florida and were treated for your injuries, either with a doctor of some sort or at an emergency room, you may have started receiving that inevitably ugly pile of bills that often accompanies a trip to a healthcare provider. In Florida, the bills could be possibly be paid through something known and “PIP Insurance” aka Personal Injury Protection / “No-fault” benefits. In Florida, PIP is generally going to be the first pool of funds responsible for paying medical bills subsequent to a motor vehicle accident. This isn’t always the case (i.e. Workers’ Compensation can be primary to PIP when you’re injured in a motor vehicle and on the job) but generally, if you’re a named insured (or resident relative) on a Florida Auto Insurance Policy, it is a good first starting ground for getting rid of these bills.

Additionally, bills may be satisfied or paid in part through health insurance—whether it is Medicaid, Medicare, tricare, or Blue Cross/Blue Shield. Since PIP generally only pays 80% of the medical expenses, health insurance may help by picking up the other 20%. If “Medpay” is available (Medical payments insurance made irrespective of fault) this coverage may also pay for the other 20% of unpaid bills or cover the expenses outright.

It is important to mention that any health insurer will likely have a right to be repaid by the at-fault party in the event they pay for medical expenses caused by a wrongful act. This is sometimes known as a “Right of Subrogation.” Depending on the language of the health insurance plan (or if it is government provided health insurance—statutes) this right of subrogation may be a legally valid and enforceable lien on any proceeds obtained pursuant to a settlement or suit against a tortfeasor. If this all sounds a little messsy—that’s because it is—and also, why it is important to seek advice from a licensed and qualified attorney when you have been involved in any of the situations mentioned above. At out law firm, we not only provide a free consultation, we also provide pro bono (“Free”) representation for clients for various legal situations that they may be unable to afford. If you’re still unsure about any of the medical bills you have received and feel burdened by the task of getting them resolved, feel free to give us call, we’d love to help!


Two injured in Florida accident involving school bus

A collision between a compact vehicle and a school bus in Clearwater, Florida resulted in two personal injuries, and an investigation is underway to figure out the cause of the crash, a January 3 article of Clearwater Patch reported.

Reports revealed that at around 3:00 p.m. on Tuesday, a two-vehicle collision took place at the Fort Harrison Avenue and Drew Street intersection. The school bus driver, 52-year-old Joseph Dale Morgan, was in the southbound lane of Fort Harrison when he was struck by a passenger vehicle operated by 58-year-old Edward Michael Burke, who was heading west on Drew Street. Rescuers took the better part of an hour to extract Morgan from the bus, as he was pinned inside. Burke and Morgan were both treated due to injuries they sustained. A male student, who was a passenger on the bus at the time, was not hurt in the incident. Initial investigations of the Clearwater Police revealed that the collision happened after Burke failed to stop at a red traffic light.

Incidents such as these, unfortunately result in the burden of costly hospitalization and car repair for affected families. If this sounds familiar and you live or were injured in Fort Walton Beach, the attorneys of the Bruner Law Firm may possibly help you get the financial aid you need from any possible negligent parties. Call us today at (850) 243-2222 for your immediate legal assistance.


Regulators to Block Apps on Smartphones while Driving

Apple iPhones and Google Android Devices may soon disable certain apps while motor vehicles are in motion. Federal Auto Safety Regulators want makers of these devices to add a driving mode that blocks certain apps from use forcing a driver to keep their attention on the road.

The new proposed regulations come via voluntary guidelines that will be issued by the Nation Highway Traffic Safety Administration. Such changes are intended to improve car safety, where texting and driving has caused a number of vehicular accidents. “Your smartphone becomes so many different things that it’s not just a communication device,” Anthony Foxx, secretary of the Transportation Department, said in an interview. “Distraction is still a problem. Too many people are dying and being injured on our roadways.”

 

Although phones currently have an airplane mode, making them safer for pilot’s wireless communication systems, they do not yet have such a feature for driving in motor vehicles. Although the new regulations do not force companies to comply with the rules, in the past, carmakers have voluntary complied with them—disabling such things as watching movies on displays while driving. These new proposed regulations come as fatalities rose 7.1 percent in the last calendar year—the biggest single annual percentage change in 50 years.


Four killed in Panama City car accident

Officials have arrested a man in connection to car crash in Panama City that killed four people and left several others seriously injured. The car crash occurred around midnight on Friday, when a driver failed to stop at stop sign. His vehicle struck the right side of a second vehicle that was carrying five men from Ohio.

The at-fault driver’s vehicle came to a stop only after it hit a utility pole. Both he and his passenger were taken to the hospital with serious injuries. Two of the Ohio men died in the accident, and two others passed away in the days following the crash.

The 21-year-old driver has been arrested and charged with Driving Without a License Involving Death/Injury and Negligent Manslaughter Involving Motor Vehicle.

These tragic wrongful deaths weigh heavily on the community and we can only hope that the victims’ families are able to find justice.


Bruner Law Firm represents clients throughout Florida’s Emerald Coast including Fort Walton Beach, Destin, Mary Esther, Niceville, Freeport, Defuniak Springs, Crestview, Shalimar, Navarre, Gulf Breeze, Milton, Laurel Hill, Bonifay, Chipley, Panama City, Panama City Beach, Valparaiso, Miramar Beach, Okaloosa County, Walton County, Santa Rosa County, Escambia County, Bay County, and Holmes County.

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