Blog - CGWC

Senator Carey Baker has proposed a bill banning cell phone use while driving for drivers under 18 years of age. Seventeen other states have similar bans, so there is a chance he will get what he wants. Getting teenage drivers to stop talking on their cellphones while driving makes good sense. Studies indicate that inexperienced drivers are the most easily distracted. While the bill doesn't specifically ban text messaging, keeping cell phones out of young drivers' hands will take away the means of text messaging while driving, which is more dangerous than simply talking while driving.

According to the Florida Department of Highway Safety & Motor Vehicles, there were over one quarter million automobile accidents in Florida in 2006. There were over 3,000 deaths, and there were over 200,000 injuries.

There's no question about it. Whether you realize it or not, perhaps the most dangerous thing you do every day is get behind the wheel of your automobile. That's just on ordinary days. With elevated levels of traffic, the holiday seasons are even more dangerous than the average day. Drivers are distracted, their attention directed to joyous times with family and friends. As you take to the highways this Thanksgiving holiday week, remember how dangerous driving in Florida can be. Pay attention, and arrive alive.

Be thankful this season for all the blessings life has given you and your family. Especially your good health. CGWC wishes you and your family a Happy and Safe Thanksgiving!

According to the Insurance Institute for Highway Safety, the popularity of high performance motorcycles has pushed deaths of motorcyclists to near record highs. So-called "supersport" motorcycles are typically built on racing platforms modified for sale to motorcycle enthusiasts for legal street operation. Light in overall weight and equipped with powerful engines, supersports are built for speed. Unfortunately, they can also be deadly.

Motorcycle deaths have more than doubled in the last 10 years. While supersport bikes made up less than 10% of all registered motorcyles in 2005, supersport bikers accounted for over 25% of all biker deaths. Supersport bikers should remember that these racing bikes are built for speed but public streets are not the place to test their limits. And, as always, for bikers who operate whatever type of motorcycles they prefer within the rules of the road, other motorists need to be alert to observe and avoid collisions with the comparatively unprotected motorcyclist on our state streets, roads and highways. If you or a loved one is injured in a motorcycle accident or automobile accident, call CGWC and speak to our experienced motor vehicle accident lawyers.

An Orange County, Florida circuit court judge recently ruled that caps on victims' damages in medical malpractice lawsuits are unconstitutional. Section 766.118, Florida Statutes was enacted in 2003 by the Florida Legislature and provided for a complicated scheme of caps on the amounts of damages awardable by juries in medical malpractice lawsuits. The law meant that the judges in Florida could only enter judgments against negligent hospitals, doctors, and nurses for certain maximum amounts, no matter what the jury found from the evidence. This statutory scheme contains a presumptive cap of $ 500,000 on non-economic damages, such as damages for pain, suffering, loss of enjoyment of life, and mental anguish, caused by the negligent health care professionals. The cap can, under certain circumstances, be increased by the judge to one million dollars, but no more, even if the jury awarded twice, three times, or ten times that amount in a verdict based upon the evidence in a particular case.

In 2004, Florida voters passed an amendment to the Florida Constitution, now found at Article I, Section 26 of the Florida Constitution, which mandates that victims of medical malpractice be allowed to recover "all damages" while also giving victims the right to limit the fees their trial attorneys can charge. The Orange County circuit court judge ruled on October 30, 2007 that the 2003 statute violates this new constitutional amendment and is, therefore, invalid and unconstitutional.

The right to trial by jury is what distinguishes the American civil and criminal justice system from all other systems of justice in the world. Our founding fathers thought this right fundamental to freedom and guaranteed this right in the Seventh Amendment to the United States Constitution, enacted in 1791. Thanks to this ruling, juries may now be able to perform their constitutional function and award the actual damages they find to be supported by the evidence, rather than an amount arbitrarily selected by politicians who have heard no evidence at all. Thanks to this court ruling, upholding the Seventh Amendment's mandate that the right to trial by jury shall be preserved, juries in medical malpractice cases can expect their verdicts to be respected.