Disclaimer: Blick Blog discusses topics regarding general legal information for the purposes of educating readers only and should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Submitting a legal question or receipt of information on this forum does not create an attorney client relationship with attorney Michael C. Blickensderfer or Blick Law Firm. Attorney Michael C. Blickensderfer cannot guarantee a specific result in any legal matter. Also, this website and blog is not intended to solicit clients outside the State of Florida.

Pulled over? Know your rights! | Criminal Defense

Posted on October 19, 2015 by Blick Law

Written by: Michaella RadichScreen Shot 2015-10-19 at 6.06.09 PM

Everyone gets a little anxious when they see police lights flashing behind them. The most important thing to remember if you are pulled over is to remain calm. Speak to the law enforcement agency in a polite manner, and cooperate with him or her, as long as your civil rights are not being violated.

If you are stopped by police, pull over in a safe spot and turn your vehicle off. Turn on the interior light and roll your window partially, keeping your hands visible. Upon request, show the officer your driver’s license, proof of insurance, and registration.

What exactly are your rights when you’re pulled over in Florida?

You have the right to your own personal safety.

This means that the officer cannot force you to pull over in an area where traffic poses a threat to your personal safety and well being, or the safety of any passengers in the vehicle. The law enforcement agent must also respect your personal safety when you are being handled physically. An officer may ask to pat you down or search your vehicle, if they have reasonable suspicion, but as long as you are cooperating with the officer, any form of physical injury or abuse is unacceptable.

You have the right to remain silent.

Anything you say, even before the time of your official arrest, can be used to incriminate you in a court of law. The safest questions to answer when you are pulled over are your name, your address, and your date of birth. If you feel uncomfortable answering any of the questions the office asks you, calmly and politely tell the officer that you choose to remain silent. Your passengers may also exercise their right to remain silent.

You or your passengers may ask the police officer if you are free to go or if you are under arrest. If the officer states that you will be arrested or that you are not free to go, you have the right to remain silent until you consult with your attorney.

You have the right against illegal search and seizure.Screen Shot 2015-10-19 at 6.04.27 PM

If police suspect you have a weapon, they may pat you down. Beyond that, you have the right to refuse consent to search you or your vehicle. Refusing consent to search does not give law enforcement probable cause. But, it is important to remain calm and polite at this point, because officers who perceive your tone of voice as threatening or defiant, may try to use this as probable cause to get around your refusal for consent.

In any case, remaining calm and non-violent will ensure your personal safety and the safety of your passengers. If you feel any of your civil rights have been violated when stopped by a law enforcement agent, think quick and call Blick! Our expert criminal defense attorneys are here to help. Get a free case evaluation by calling 888-973-2776 today!

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Tampa Traffic Proves Fatal for Pedestrian

Posted on October 8, 2015 by Blick Law

Written by: Michaella Radich

CAR-ACCIDENT-LAW-FIRMS, CAR-CRASH, INJURY-COMPENSATION, TAMPA-PERSONAL-INJURY-ATTORNEYSOn the morning of Tuesday, October 6, 2015, a 17-year-old student of Chamberlin High School, Alexis Miranda, was crossing Busch Boulevard, when she was struck by a car and killed. The incident occurred about two blocks west of North Boulevard. Sadly, this type of fatal accident involving pedestrians is not uncommon in the Tampa area.

After the death of an 8-year-old girl on Busch Boulevard in 2013, Tampa City Council announced that increasing pedestrian safety on Busch was an urgent matter. As part of this effort, the city paid $1 million to fix sidewalks, repaint crosswalks, and add crosswalk countdown signs for pedestrians.

The major problem for pedestrians on Busch Boulevard, is that there are stretches as long as half a mile, without any crosswalks at all. This means many pedestrians try to cross the four- and six-lane road at their own discretion. Busch Boulevard, however, is not the only road where these fatal accidents involving pedestrians occur in Tampa Bay. East Hillsborough Avenue was the scene of crashes killing two 15-year-old pedestrians, one in 2011 and one in 2014.iStock_pedestrian cross walk

Being cautious and aware of your surroundings is the best way to stay safe, whether you are walking or driving. For pedestrians, it is crucial to cross in designated crossing areas, because this is where drivers are actively looking and expecting for them to cross. Flashing lights have been added to many crosswalks in the Tampa area to increase driver awareness and pedestrian safety.

As a driver, you not only have to look out for other vehicles, but for pedestrians. While pedestrians should use crosswalks, especially on busy roads with multiple lanes, they often cross in areas that are not designated. For the safety of the pedestrian and driver, drivers should always be on the lookout for pedestrians crossing the street and veering off sidewalks.

Should you or a loved one be involved in an automobile accident, Blick Law Firm is here to help you. Visit our office or call 888.973.2776 for a free consultation with one of our trusted personal injury attorneys today!

Source: http://www.tampabay.com/news/publicsafety/accidents/chamberlain-high-student-17-struck-and-killed-by-car-in-tampa/2248543

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Motorcycle Safety | Personal Injury

Posted on October 8, 2015 by Blick Law

Written by: Michaella Radich

Traffic accidents are the leading cause of death and disability in the United States. While 20% of car accidents result in death or injury, a whopping 80% of motorcycle accidents result in death or injury. Additionally, motorcyclists are 16 times more likely per mile traveled than vehicle passengers to die in an accident.Screen Shot 2015-10-08 at 7.28.31 PM

What can you do to prevent motorcycle related injury or death?

As a motorcyclist, there are several precautions you can take to protect yourself while on the road:

  • Complete a rider education and safety course before operating a motorcycle, so that you have the basic knowledge and skills needed to drive a motorcycle
  • Wear a helmet (helmets are 67% effective in preventing serious brain injury)
  • Make yourself visible to drivers by always using headlights and brake lights and wearing reflective gear
  • Wear thick protective clothing that covers your skin
  • Never weave in and out of lanes
  • Give yourself and other motorists enough time and space to react

As a driver, a heightened awareness for motorcyclists on the road can be crucial to their safety and your own. The following are some safety precautions to take when sharing the road:

  • Leave a full car length and full lane’s width between your vehicle and motorcyclists
  • Remember that inclement weather and poor road conditions cause serious threats to motorcyclists’ safety, so their driving patterns may unexpectedly change in these situations
  • Always be on the look out for motorcycles, as they are small and difficult to see
  • Be aware that from your vehicle it is difficult to judge the needed stopping time and distance for a motorcyclists
  • Check your blind spots actively before switching lanes

After a crash, an injured motorcyclists’ life depends on rapid and appropriate emergency medical treatment. Injury severity and timing are critical to the motorcyclist’s survival. If you witness or are involved in an accident involving a motorcycle, dial 911 immediately.

As always, Blick Law Firm has your best interest and personal safety in mind. Should you or a loved one be injured in a auto accident, we are to help. Contact us at (888) 973-2776 to schedule a free consultation with one of our trusted personal injury attorneys today!

Sources: nhtsa.gov, msf-usa.org

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Florida’s Domestic Violence Laws Explained

Posted on October 8, 2015 by Blick Law

Written by: Michaella Radich

Domestic violence is assault caused by a family or household member (people related by blood or marriage, including former spouses) to another family or household member. Assault can manifest itself as aggravated assault, battery, stalking, false imprisonment, or sexual battery. If any cause personal injury or death, then there is reason to initiate an assault case. FRAUD, CRIMINAL, WHITE-COLLAR-CRIME, DEFENSE-ATTORNEY, TAMPA-LAW-FIRM 1

Punishments vary from case to case, depending on the circumstances, but the minimum penalty for domestic violence is five days in county jail. Alternative punishments include probation and community service.

Assault charges can lead to other charges, or assault charges can be combined. The nature of the case determines whether it is domestic violence or battery. According to Florida State Law, domestic violence is a second-degree misdemeanor, while battery is a third-degree felony or first-degree misdemeanor. Charges and sentences differ if a restraining order was filed against the defendant prior to the incident.

If you or a loved one are the victim of assault, don’t wait to take legal action. Contact us at (888) 973-2776 to schedule a free consultation and speak with one of our trusted criminal defense attorneys!

Source: http://www.getnews.info/509621/scott-explains-domestic-violence-laws-in-the-state-of-florida.html

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Personal Injury Lawyers are Exposed to New Market, Thanks to New Drone Law

Posted on October 8, 2015 by Blick Law

Screen Shot 2015-10-08 at 7.15.04 PMWritten by: Michaella Radich

The Freedom From Unwarranted Surveillance Act may help Florida personal injury lawyers to establish themselves in a new field. The bill, passed last session and signed by Gov. Scott in May, makes using unmanned aircrafts to take photos or record videos of people on private property illegal in the state of Florida.

Matt Grosack of DLA Piper Global Law Firm in Miami, calls drones “probably the most disruptive piece of technology to the expectation of privacy that we’ve seen in many, many years.” He expects the cost of actual damages in drone cases to be relatively low. It will also be difficult to file a suit, because there must be a permanent record of the surveillance and proof of intent to commit surveillance, or collect information on someone, Grosack explains. Even if the damage costs are low, a defendant might be ordered to pay the attorneys’ fees on top of damages, if the necessary proof is there, though.

The future for drones and drone laws is uncertain for several reasons. First, the technology of drones is changing at a very rapid pace. Advancements in the field, therefore, are unpredictable. The way drones laws are enforced depends on the language with which they are written. Some argue that the Florida law, based on its language, is a civil law, meaning any officer can respond to a call and file a report. The drone industry – incubators, manufacturers, and suppliers – is growing and spreading to new places, including South Florida. The industry is valued at $82 billion and could potentially create 100,000 new American jobs over the next ten years. Many states, like Florida, have been working hard to pass legislation before the drone industry grows even further.

There is no uniform approach to how drones should be used legally, but laws and precedents involving trespassing, privacy, air traffic, and interference with government agencies, will be useful to law makers as more laws and regulations on drones are proposed in the near future. At this time, no bills changing Florida’s 2015 drone law have been filed for the 2016 legislature.

Source: http://flaglerlive.com/83006/drones-florida-laws/

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New Crosswalks | Pedestrian Safety | USF

Posted on September 28, 2015 by Blick Law

New Crosswalks near USF will Help to Increase Pedestrian Safety

iStock_pedestrian cross walkOn Wednesday, September 16, leaders in USF’s Transportation Department teamed up with the Hillsborough County Department of Transportation, to increase pedestrian safety on 50th Street, across from USF’s main campus. The new crosswalks on 50th street use Rectangular Rapid Flashing Beacon (RRFB) technology to alert drivers to stop for pedestrians.

50th Street, between East Fletcher Avenue and East Fowler Avenue, is a high traffic area for both drivers and pedestrians, especially during the school day and in the evenings. Regular crosswalks, without flashing lights, on 50th Street went unnoticed to many drivers in the past. As a result, in November 2014, a pedestrian and USF student was involved in a near-fatal accident on 50th Street, when she was struck by a moving vehicle. The flashing crosswalks will hopefully prevent accidents involving pedestrians in the future.

The RRFB crosswalks will only be as effective as pedestrians allow them to be. Pedestrians must press a button to activate the flashing that alerts drivers to stop. If pedestrians do not utilize the flashing feature of the new cross walk, or if they cross in undesignated crossing areas, they are exposing themselves to unnecessary danger.

Tampa Police Officers monitored 50th Street on the morning the new crosswalks were activated, giving warnings and tickets to drivers who failed to stop at the blinking crosswalks. Volunteers will be visiting the area over the next month to help educate drivers, pedestrians, and cyclists about the benefits of the new crosswalks and how to use them safely and properly.

Your safety on the road is important to us. Should you or a loved one be involved or injured in a traffic incident, Blick Law Firm is here for you. Blick’s Personal Injury attorneys offer services for victims of automobile and motorcycle accidents. We can help to make sure you get the proper medical assistance, legal counsel, and representation following your involvement in an accident. If you are involved in an accident, visit our website to fill out a personal injury, automobile accident, or motorcycle accident claim, or call our office at 888-973-2776 to schedule a free consultation and speak with one of our trusted personal injury attorneys!

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