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.

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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Florida state officials aim to strengthen texting while driving law

Posted on September 18, 2015 by Blick Law

Screen Shot 2015-09-18 at 4.23.38 PMWritten by: Michaella Radich

Florida senator Maria Sachs, democrat of Delray Beach, and Florida representative Richard Stark, democrat of Weston, filed bills in September and August, respectively, suggesting that fines for texting while driving in school zones should be doubled. Sachs and Stark both filed bills earlier this year that aimed to change texting while driving from a secondary offense to a primary offense. These bills, however, died without making it to the floor in either the house or senate.

The current Florida state law on texting and driving says that a driver can only be ticketed for texting while driving if they were pulled over for violating another traffic law. In this case, the driver is fined $30 for their first offense and $60 for their second offense.

Florida is one of only eight states that have no laws specifically restricting texting or talking on a cell phone while driving. In 10 states and Washington D.C., using a cell phone, for any reason, is prohibited for drivers of all ages.

Texting behind the wheel makes a crash up to 23 times more likely. Of drivers ages 18-20 who were involved in auto accidents, 13% say they were talking on the phone or texting when the accident occurred. Of new drivers ages 16-17, 52% admit to talking on the phone while driving and 34% admit to texting while driving.

Young drivers are not the only ones distracted by their phone while behind the wheel. In fact, 27% of adults say that they have texted while driving and 48% of children 12-17 years old have been in the car while the driver was using his or her cell phone.

While the new bills proposed by Sachs and Stark would apply only to school zones, the bill’s passing would be a step in the right direction for Florida’s policy on cell phone use while driving. If you or a loved one are involved in an auto accident, contact us at (888) 973-2776 to schedule a free consultation and speak with one of our trusted personal injury attorneys today!

Sources

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Back to School | Safety Tips

Posted on September 11, 2015 by Blick Law

Screen Shot 2015-09-11 at 10.41.42 AMThe start of the school year means more school buses, pedestrians, and bike riders, and a general increase in traffic, especially in the early morning and afternoon. We at Blick Law Firm want to provide you with some important safety tips to ensure that you and your child get to and from school as safely as possible.

 Bus Riding
Riding the school bus is the safest mode of transportation for schoolchildren. Unfortunately most accidents involving school buses occur because children entering, exiting, or waiting on the bus don’t take proper safety precautions. To keep your child safe this school year, remind them to:

  • Stay a safe distance of 10 giant steps away from the bus
  • Wait for the bus to stop completely before approaching it
  • Take notice of the traffic around the bus
  • Wait to cross the street until the driver signals you
  • Use hand rails when getting on and off the bus
  • Keep head, hands, and arms inside the bus at all times

Walking and Biking
Walking and biking are great alternatives to riding the school bus. When proper safety Screen Shot 2015-09-11 at 10.40.52 AMprecautions are taken, walking or riding a bike to school encourages students to stay physically active and get outside. To help determine the safest route for you or your child to walk or bike to school, visit saferoutesinfo.org, the National Center for Safe Routes to School’s website. We have also provided some general guidelines for staying safe when walking or riding a bike to school.

  • Look both ways for traffic at all driveways and intersections
  • Walk on sidewalks whenever possible
  • Walk facing oncoming traffic when no sidewalk is available
  • Ride bike in the bike lane or paved shoulder of the road whenever possible, if neither is available
  • Ride bike with the flow of traffic
  • Obey traffic signs and signals
  • Make eye contact with drives when crossing at crosswalks
  • Be mindful of anything on the road or sidewalk that could cause you to swerve or fall
  • Watch for turning traffic
  • Wear reflective gear
  • Do not use cellphone or wear earbuds

Driving
The beginning and end of the day can get very hectic in school parking lots. Most schools develop their own systems for parking, picking up, and dropping off. Strictly abide by the school’s procedures to ensure that your child and the other students are safe.

  • Don’t stop or park in crosswalks
  • Use extra caution in parking lots, school zones, and residential areas
  • Drop off and pick up children in the school’s designated area, rather than a less crowded, nearby location
  • Do not tailgate school buses
  • Stop for all stopped buses
  • Do not use cell phone while driving

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

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Filing Bankruptcy | Chapter 7 vs 13

Posted on August 25, 2015 by Blick Law

Screen Shot 2015-08-25 at 1.20.44 AMBy: Moneer Kheireddine

Bankruptcy. When you think of bankruptcy, you often assume failing to pay back debt and losing everything you own. In reality, however, bankruptcy is a process in which consumers OR businesses can remove or repay some/all of their debts under the protection of the federal bankruptcy court. Bankruptcies can be divided into two types — liquidation and reorganization. Chapter 7 bankruptcy specifically falls under the liquidation category. It’s called liquidation because the bankruptcy trustee may take and sell (“liquidate”) some of your property to pay back some of your debt. However, some items are exempt from liquidation under certain state laws. Not all bankruptcies are the same, despite the similar names.

Chapter 7 bankruptcy has many rules and procedures that must be followed; they typically last three to six months. Within Chapter 7, some of your property may be sold to be lower your overall debt. In return, most or all of your unsecured debts (that is, debts for which collateral has not been pledged, such as medical debts and most credit card debts) will be erased.Not everyone can file for Chapter 7 bankruptcy. For example, if your disposable income is sufficient to fund a Chapter 13 repayment plan (after subtracting certain allowed expenses and monthly payments for certain debts) Chapter 7 bankruptcy will not be available to you. If you owe money on a secured debt (such as a loan on a motorcycle and the motorcycle is a pledge of payment) then you have the option to continue paying the loan if the lender agree, pay the lender a lump sum equal to the value left on the loan, or allowing the creditor to repossess the property.

Overall, bankruptcy isn’t always the solution. Even though it can wipe out many debts (such as credit card debt and medical bills) there are still some debts it cannot touch. Tax debt, child support and spousal support debt, and several others are still kept after bankruptcy. If Chapter 7 bankruptcy is an option you are considering, we here at Blick Law Firm encourage you to contact us at 888-973-5215 for a free consultation in order to help you understand your options.

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What to Look for When Hiring an Attorney

Posted on August 10, 2015 by Blick Law

Screen Shot 2015-08-10 at 12.08.53 PMBy: Moneer Kheireddine

The court system can be a complex and daunting environment. Hire an attorney to explain the courtroom situations and proceedings so that you may be properly prepared and represented should you find yourself in court.

However, what should one be looking for when examining potential attorneys for hire? Here is a list that will guide you on how to go about finding the right attorney to represent you in court:

Ask around. When a legal problem arises in your life, there is a high chance that someone you know may have experienced the same issues. A personal referral to an great attorney is a simple and effective way to find legal representation you can trust!

Use technology to your advantage. Research any attorneys you come across and look for attorneys who go above and beyond the call of action. Those involved in community services or are highly experienced in their fields will go a long way.

Ask questions. When you are looking into potential attorneys to represent your case, no reputable one will turn you away for asking questions. Talk to them to gain an understanding on whether or not they will be the right fit for both you as a client to your specific case.

Look for honesty. An attorney that is going to be representing you should be genuine, honest and ethical in the court of law. Make sure they are upfront about the costs associated with their service, and always make sure you are honest with them in regards to your case for best client-attorney relationship.

Examine their history. Ask your state bar association whether or not the lawyer in question has ever been on the receiving end of an ethical complaint. Knowing how they’ve performed so far can give you a fair amount of insight into whether or not they will be able to represent you to your expectations.

Remember, hiring an attorney, the right attorney, is critical to the success and outcome of your current legal situation. Choosing the best one for you is the first step to ensuring a successful case, so make sure to take the time to look for the best of the best. We here at Blick Law Firm are committed to serving you and to our mission to helping the hurting. If you would like to learn more about our services and offerings, or ask any questions to learn more about what we stand for please contact us today at 813-931-0840.

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