According to an article by The Hometown News (a local newspaper circulated in Cocoa, Merritt Island, Cape Canaveral & Cocoa Beach) Seatbelts were not being used by eleven of the twenty-four people who were killed last year along Brevard County’s seventy-two mile stretch of Interstate 95. According to Florida Highway Patrol Captain Joseph Schmidt, “seatbelts are a significant factor in a lot of fatal crashes” . . . “high speed crashes often involve rollovers and ejections.” However, Florida Highway Patrol Officer Kim Miller added that the Florida Highway Patrol considers driver error as the number one reason for car accidents along the seventy-two mile stretch of Interstate 95 in Brevard County, Florida.
According to a February 22, 2008 article by The Hometown News (a local Brevard County newspaper circulated in Cocoa, Merritt Island, Cape Canaveral & Cocoa Beach) Guard rails are not the cure all when it comes to traffic crashes along Interstate 95. According to the newspaper article, while the existence of guardrails on Interstate 95 medians could reduce the number of crossover vehicle accidents, they probable won’t decrease the overall number of crashes. At least that is the opinion of Steve Homan, a spokesman for the Florida Department of Transportation’s District 5 (Central Florida). Mr. Homan and his agency are overseeing the widening of Interstate 95 from four lanes to six lanes along the stretch contained in Brevard County. According to the article, this road work is being paid for with federal and Florida state gas-tax revenue and includes the placement of double sided, steel guardrails, the standard height of which is approximately three feet. Mr. Homan went on to state that “guardrails should reduce the amount of crossovers, but they will end up causing more crashes because they deflect vehicles. Although a vehicle will collide with the guardrails instead of another vehicle, the number of accidents (overall) will not be reduced.”
The Florida Third District Court of Appeals recently held that a cruise line’s forum selection clause that requires a cruise passenger lawsuit to be filed exclusively in the United States District Court for the Southern District of Florida is enforceable. Leslie v. Carnival Corp., 33 FLW D 105 (Fla. 3rd DCA 1-2-08) In this case, the passenger’s primary objection was that the forum selection clause stripped them of their constitutional right to a jury trial and instead provided for a jury trial in federal court, only with the consent of both parties. It is important to note that the court noted that this forum selection clause now appears in nearly all commercial passage contracts currently issued by Carnival to its fare paying customers. Please keep this in mind when you take a cruise out of Port Canaveral.
The 2008 Florida Legislature will convene its regular session on Tuesday, March 4, 2008. Over the last several weeks, Florida legislators have been busily filing bills in advance of the opening day filing deadline. One bill of interest to Brevard County motorcyclists is Senate Bill No.1190. This Bill defines the term “motorcycle” to provide that the provisions of the Motor Vehicle Warranty Enforcement Act (the “Lemon Law”) applies to motorcycles. The bill, if passed, has an effective date of July 1, 2008. Certainly, a bill of this nature would be beneficial to those of use who have bought and operate motorcycle through out Brevard County. The 2008 Florida Legislature will convene its regular session on Tuesday, March 4, 2008. Over the last several weeks, Florida legislators have been busily filing bills in advance of the opening day filing deadline. One bill of interest to Brevard County motorcyclists is Senate Bill No.1190. This Bill defines the term “motorcycle” to provide that the provisions of the Motor Vehicle Warranty Enforcement Act (the “Lemon Law”) applies to motorcycles. The bill, if passed, has an effective date of July 1, 2008. Certainly, a bill of this nature would be beneficial to those of use who have bought and operate motorcycle through out Brevard County.
Benites v Aleida 32 FLW D 2933a (Fla. 3d DCA 12-12-07)
In this automobile accident case, the Florida Third District Court of Appeals held that were the entire amount of an injured person=s personal injury protection coverage went to pay medical bills, and the person recovered a verdict against the at fault parties that included amounts for past medical expenses and lost earnings, the personal injury protection recovery could only be subtracted from the award for medical expenses and not from the award for lost earnings
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