Entries by Gabriel Carrera

Riding Without the Right Insurance?

Insurance Responsibilities in Motorcycle Accidents Florida is a “no-fault” state for car insurance, but this system does not apply to motorcycles. Unlike drivers of standard vehicles, motorcyclists are not required to carry Personal Injury Protection (PIP) coverage and cannot receive PIP benefits after an accident. This distinction has significant implications for injured riders seeking compensation. Seeking Compensation […]

Pensions in Divorce: Understanding the Cancel v. Cancel Case

In a recent Florida case, Cancel v. Cancel (December 18, 2024), the court addressed how pensions should be divided during a divorce. The Second District Court of Appeal found that the trial court made a significant mistake in failing to fairly distribute the husband’s federal pension plan. Here’s what happened: Both the husband and wife were federal […]

A Quick Glance at Your Phone: Not Enough for Punitive Damages in Florida

In a significant ruling, the Florida Fourth District Court of Appeal clarified when cell phone use while driving crosses the line from negligence to reckless misconduct deserving punitive damages. The case, Creech v. Santomassino, demonstrates that not every instance of distracted driving meets the high threshold for punitive damages. Here’s what happened and why it matters. […]

Too Little Too late!

New Legal Decision: Thomas v. Li – Domestic Violence Injunction Reversed On July 17, 2024, the Fourth District Court of Appeal (DCA) of Florida issued a significant ruling in Thomas v. Li (4D23-1437), reversing a previously granted permanent injunction for protection against domestic violence. This ruling has substantial implications for the interpretation and enforcement of domestic […]

Understanding Equitable Distribution in Florida

Equitable Distribution Defined Equitable distribution is a legal principle in Florida that governs the division of assets and liabilities during a dissolution of marriage. Codified in 1988, this statute has fundamentally shaped how marital property is treated in divorce proceedings. Before this codification, case law primarily dictated the division of assets, but the introduction of […]

What Are the Damages Recoverable in a Florida Uber Accident?

There are several damages you can claim in a Florida Uber accident. They include medical expenses, lost wages, pain and suffering, property damage, permanent disability or disfigurement, loss of consortium and punitive damages. Medical Expenses After an Uber Accident If a person suffers injuries in an Uber accident, the rideshare company’s insurance bodily injury coverage […]

How Uber’s Insurance Policy Operates

Similar to other rideshare services, Uber has an insurance policy to cover damages resulting from an accident involving one of its drivers. Whether this coverage applies depends on the status of the Uber driver and whether they are using the app at the time of the incident. If the driver does not have the app […]

Comprehending Uber Accident Dynamics in Florida

When you need a ride but are unable to drive yourself, Uber is among the many available options in Florida. It offers a swift, convenient, and cost-effective way to travel from one location to another. With just a few taps on the Uber app, you can request a vehicle to pick you up and take […]