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- Blick Law Firm Works Closely with Tampa’s Chiropractic and Acupuncture Clinic
- Blick Law Firm Brings Legal Expertise and Christian Values to Tampa
- What can a personal injury attorney do for you?
- The Importance of a Real Estate Attorney in a New Transaction
- Over 150 New Florida Laws Take Effect this Month
- Law Change Protects Florida Patients From Balance Billing
- Fatal Alligator Attack at Disney World Orlando Could Mean Legal Trouble
- Florida Gun Laws Under Fire After Orlando Attacks
- Prospect of Medical Marijuana in Florida Creates Buzz
- Florida’s Death Penalty System Subject to Further Questioning
- Summer Driving Safety Tips
- Florida Supreme Court Votes to Maintain Reasonableness in Workers’ Compensation Law
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Monthly Archives: January 2016
What should you do after an auto accident?
After you are involved in an accident it is normal to feel shock, panic, or worry, but it is very important that you take the proper steps to ensure you do not injure yourself or others, or break the law.
Immediately after an auto accident occurs, check yourself for injuries.
• If you are injured, it is important to call 911 if you can. If you are seriously injured, try to remain still until help arrives.
• If you are not injured, make sure none of your passengers are injured. If any of your passengers are injured, call 911.
Move yourself, and if possible, your vehicle to safety.
• If it is safe to drive your vehicle, pull it to the side of the road, so it does not pose a threat to other drivers.
• If you cannot drive your vehicle, leave it in its place. Turn on your hazards or use road flares to warn those on the road, and wait for help.
• Wait with your passengers at the side of the road, the sidewalk, or a nearby parking lot until help arrives.
Notify the authorities. No matter the severity of the accident, it is important that you call the police. In the state of Florida, if you fail to report an accident that causes $500 or more of damages, you are violating the law.
Call your insurance agent. Calling your insurer from the accident scene can help prepare you to file a claim and will keep your insurance agent up to speed.
Document the accident. Following an accident, avoid discussing fault with the involved parties. These details should only be discussed with your lawyer and police. It is also a good idea to do the following:
• Get the names and badge numbers of responding police officers
• Ask for a copy of the accident report
• Take pictures of all cars involved
• Talk to witnesses and record their names and contact information
Exchange information. After the accident report is filed with police, you should exchange the following information with the other driver or drivers:
• Full name and contact information
• Insurance company and policy number
• Driver’s license and license plate numbers
• Make, model, and color of the vehicle
• Location of accident
Blick Law Firm understands your need for legal advice and assistance after an auto accident. Call us now at 888-973-2776 for a free consultation with one of our trusted personal injury attorneys! [CLICK HERE]
Proposed Changes to Florida’s Open Carry Law
Florida’s elected Sheriff’s Association announced a proposal on January 20, 2016, that would protect legal, concealed carry permit holders from arrest and persecution for unintentionally showing their firearms. According to the FSA, this proposal would offer protection to more than 1.5 million concealed carry permit holders, without legalizing complete open carry in Florida.
FSA President and Alachua County Sheriff, Sadie Darnell, said, “Today in Florida, responsible concealed weapons permit holders can face penalties for unintentionally displaying a weapon – highlighting a major oversight in the laws governing our abilities to carry a concealed weapon.”
The current law dealing with displaying a firearm was passed in 2011, and drew negative attention from the National Rifle Association (NRA). Previous NRA President and current United Sportsmen of Florida President Marion Hammer said, “There have been problems for years of license holders who were carrying concealed whose firearms accidentally and unintentionally became visible to the sight of another person, being stopped, harassed, and even arrested and prosecuted under the ban on open carry because somebody saw their gun.”
The FSA believes their proposal is a happy medium for everyone, closing loopholes for concealed carry holders, while addressing the public’s safety concerns. The proposal, will protect concealed carry holders who inadvertently display their weapon without causing harm or negatively impacting safety, tourism, private businesses, and the general public.
More specifically, the proposal:
• Requires a deliberate and intentional violation of the law before an arrest can be made
• Maintains that a concealed carry holder is lawfully carrying
• Provides immunity for concealed carry holders who unintentionally display their weapons
• Authorizes an expunction of the criminal history associated with an arrest under this section if the person is found not guilty or the charge is dismissed
“This is about strengthening the legal rights of Florida’s 1.5 million concealed weapons permit holders, who already enjoy significant rights afforded under the Second Amendment and also Florida’s constitution, including the right to openly conceal and carry in many different circumstances,” said Bob Gualteiri, FSA Legislative Chairman and Pinellas County Sheriff. [CLICK HERE]
Florida Lawmakers Consider Adding to Existing Drone Legislation
As drones grow in popularity, lawmakers face increasing pressure to protect residents from the dangers that come with the new technology. There is already legislation in place in the state of Florida to protect residents’ from the invasion of personal privacy at the hands of drone users; but, now there is talk of enacting legislation that would hold drone operators accountable for the damage incurred by their drone use.
There is currently no law in place to protect Floridians from personal or property damage caused by drones. Republican state Sen. Miguel Diaz de la Portilla, of Miami, would like to change that.
“They’re very hard to control and they can cause massive damage if they fall,” said Diaz de la Portilla of drones. Drones are available for purchase by the public in a variety of different sizes and equipped with a range of different accessories and functions. If a drone is not handled properly, it could fly into power lines, tumble into a crowd of people, or very seriously injure a person and/or damage their property.
Diaz de la Portilla feels the state needs legislation that would reimburse victims of drone accidents for their expenses, should a drone cause notable damage to their person or their property. Senate Bill 642, proposed by Diaz de la Portilla, would hold the drone owner and operator responsible for the cost of the damage(s) if the drone were a major contributing factor in causing the damage.
The senator said no particular instance inspired his proposal, but that the widespread stories of damage and endangerment caused by drones pushed him to take action.
Should the legislation protecting victims from drone damages pass, it would build on other Florida laws that restrict drone usage, namely as a means of surveillance. [CLICK HERE]
Florida Death Penalty System Under Supreme Court Scrutiny
The Supreme Court recently declared parts of Florida’s death penalty system unconstitutional. Florida, Alabama, and Delaware are the only three states that both allow a person to be sentenced to the death penalty without a unanimous decision and allow a judge to override the jury’s life or death decision.
There are currently 390 prisoners, including five women, on death row in the state of Florida. While many attorneys are working quickly to petition new hearings for their clients, it has not yet been determined how the Supreme Court’s decision will affect these inmates.
In taking a closer look at Florida’s death penalty system, the numbers might give you mixed emotions. Though Florida has carried out 93 executions, which pales in comparison to the more than 500 executions in Texas, Florida is one of only six states to make executions in 2015. In fact, the state has already carried out one execution in 2016, with two more scheduled. Nationwide, 156 inmates sentenced to death have been exonerated; 23 of those exonerations were Florida inmates.
Under Gov. Rick Scott, Florida has executed more inmates than under any other governor. The 23 death-row inmates executed since Scott’s election have drawn attention to Florida’s flawed death penalty system. Supreme Court Justice Sonia Sotomayor, who wrote the ruling that deemed Florida’s system unconstitutional, said that by allowing the judge to make the final decision, Florida jurors are making a mere recommendation for life or death. Sotomayor wrote, “The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death.”
Florida juries are only unanimous 20% of the time, when deciding on the death penalty. Judicial overrides in the Sunshine State, hardly happen anymore, but the very possibility of a judicial override is both unconstitutional and worrisome for Florida attorneys, who have raised concern over the death-penalty system for as many as 14 years.
The expert attorneys at Blick Law Firm specialize in what it takes to defend you in a criminal case. Please call our office at 888-973-2776 for a free consultation today! [Click Here]