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.

The Case: What Happened?

The defendant, driving a truck, collided with a golf cart at an intersection. The key dispute was which driver had the green light. During his deposition, the defendant admitted hearing a text notification, glancing down at his phone to see his wife had texted him, but not responding to the text. He acknowledged that texting while driving is reckless.

The plaintiff argued that the defendant’s glance at his phone was enough to show a “conscious disregard” for safety and sought to amend the lawsuit to include punitive damages. To bolster their claim, the plaintiff cited:

  • Reports equating cell phone distraction to drunk driving.
  • Examples of courts allowing punitive damages in texting-and-driving cases.

The trial court allowed the plaintiff to amend, citing the dangerous circumstances—Halloween, heavy traffic, and the defendant’s admission of negligence.

What Are Punitive Damages?

Punitive damages are not meant to compensate the injured party but to punish the wrongdoer for outrageous or reckless conduct. Florida law requires proof of behavior equivalent to criminal manslaughter—conduct that demonstrates intentional disregard for the safety of others.

The Appellate Court’s Decision

The appellate court reversed the trial court’s ruling. Here’s why:

  1. The “Glance” Was Not Enough:
    The evidence showed the defendant glanced at his phone but did not actively engage with it (e.g., reading or responding to the text). The court found this momentary glance was not sufficient to show recklessness or gross negligence.
  2. Negligence vs. Punitive Conduct:
    While the defendant’s actions may have been negligent, the court emphasized that negligence is different from the kind of outrageous misconduct needed for punitive damages.
  3. Gatekeeping Standards:
    Trial courts have a responsibility to deny amendments for punitive damages unless there’s clear and convincing evidence that a reasonable jury could find the defendant’s actions outrageous or reprehensible. In this case, the plaintiff’s evidence fell short.
  4. Legal Precedent:
    The court compared this case to a prior ruling (Mercer v. Sadler Creek) where a driver held a phone in foggy conditions but didn’t actively use it. The court concluded that passive or minimal contact with a phone does not amount to reckless behavior.

Why Does This Matter?

  1. This decision reinforces the high standard required to pursue punitive damages in Florida. A distracted glance at a phone, while dangerous, does not automatically rise to the level of gross negligence or intentional misconduct. For plaintiffs, this means that claims for punitive damages must be supported by evidence showing more than ordinary negligence.
  2. For drivers, it’s a reminder to stay focused—but also an indication that courts will carefully differentiate between momentary lapses and reckless disregard for safety.

Takeaway for Florida Drivers

  1. Distracted driving is always risky, but as this case shows, not all distractions are created equal under the law. A quick glance at your phone might be negligent, but it’s not enough for a court to punish you with punitive damages. However, keeping your eyes on the road is still the best way to avoid accidents—and lawsuits altogether.
  2. For more legal insights on Florida cases, visit my blog. If you’ve been injured in an accident, JUST CALL GABE for a free consultation!

A young boy’s visit to his father in Florida turned tragic after a nighttime fishing trip. Following an enjoyable evening on one of Florida’s many fishing bridges, the father and son were headed home around 11 p.m. in a car owned by the father’s wife. Along the way, a collision occurred when another vehicle turned in front of them. The crash, partly attributed to the father’s speeding and driving without headlights, left the boy with a traumatic brain injury after he was thrown into the dashboard. Despite clear evidence of negligence, the stepmother’s insurer refused to settle the claim, leading to protracted litigation. Ultimately, the insurer was found to have acted in bad faith when a verdict far exceeded the policy limits. Unfortunately, the child may never receive full compensation for his injuries due to Florida’s doctrine of parental immunity.

The Origins of Parental Immunity

Parental immunity, unlike interspousal immunity rooted in English common law, originated in the United States. The Mississippi Supreme Court first articulated the doctrine in Hewellette v. George (1891), barring a minor child from suing her mother. The court reasoned that family harmony and societal peace necessitated such immunity.

Florida adopted this doctrine in Orefice v. Albert (1970), where the court barred lawsuits between children and their parents to safeguard family resources and relationships. This stance emphasized the preservation of “family harmony and resources” as paramount.

Challenging the Doctrine: Ard and Waite

In Ard v. Ard (1982), the Florida Supreme Court revisited parental immunity. The case involved a mother whose negligent actions placed her infant son in harm’s way, resulting in severe injuries. Acknowledging the historical policy goals of the doctrine, the court recognized that the widespread availability of liability insurance had changed the landscape. It ruled that parental immunity should be waived to the extent of available insurance coverage, as such cases no longer threatened family assets or harmony.

Similarly, in Waite v. Waite (1993), the court struck down interspousal immunity, citing shifting societal norms and the trend among other states to abandon the doctrine. These cases signaled cracks in the armor of absolute family immunities.

The Role of Liability Insurance and Public Policy

The evolution of liability insurance reshaped how courts view family immunity doctrines. States that have abrogated or limited parental immunity often emphasize that insurance coverage eliminates the adversarial nature of intra-family lawsuits. Instead of depleting family resources, compensation flows from the insurer. At least 24 states have moved to fully or partially abolish parental immunity, permitting lawsuits where a parent’s negligence caused injury to their child.

Florida, however, has yet to take this step.

Stepparents and Parental Immunity

The case of the injured boy raises another question: should parental immunity extend to stepparents? Florida law has historically drawn distinctions between parents and stepparents in various contexts, such as probate and child welfare statutes. Courts in other jurisdictions have generally declined to extend parental immunity to stepparents unless they stand in loco parentis to the child. This nuanced approach reflects an understanding that the stepparent’s role may differ significantly from that of a natural or adoptive parent.

Insurer Bad Faith: A Compelling Exception?

Florida law imposes a duty of good faith on insurers to fairly evaluate and settle claims within policy limits. When an insurer acts in bad faith, it becomes liable for damages exceeding those limits. The doctrine of parental immunity, however, can shield insurers from bearing full responsibility for such damages, even when their bad faith has exacerbated the harm.

In cases like Allstate v. Sutton (1998), Florida courts have recognized that bad faith determinations can expose insurers to liabilities beyond policy limits. Extending this principle to parental immunity would serve public policy goals. If bad faith by an insurer results in full compensation for a child’s injuries, family resources remain intact, and family harmony may be preserved.

The Path Forward: Abrogation or Reform?

The rationale for parental immunity—protecting family resources and harmony—diminishes when liability insurance is involved. Rather than fostering family unity, the doctrine can hinder justice and discourage insurers from handling claims in good faith. Florida should join the growing number of states that have either abolished parental immunity or created exceptions in cases involving insurer bad faith. Such a step would align with modern legal and societal values, ensuring that children injured by parental negligence receive fair compensation while holding insurers accountable for their actions.

By retaining this outdated doctrine, Florida risks enabling insurers to act in bad faith without consequence. Reform is necessary to ensure justice for injured children and to promote ethical claims handling practices within the insurance industry.

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 can pay up to $50,000 per person.

Lost Wages After an Uber Accident

Many who suffer injuries after an Uber accident require time off from work to recover. This gives them the chance to recover lost wages damages from Uber’s insurance coverage.

Pain and Suffering After an Uber Accident

Pain and suffering is another damage you can claim if you’ve suffered injuries after being involved in an Uber accident. The rideshare’s insurance should cover such damages.

Property Damage After an Uber Accident

After an Uber accident results in property damage, Uber’s insurance policy kicks in at $25,000 to cover the costs of such damage. This applies to the vehicle of another person who gets into an accident with an Uber driver and passengers whose property is damaged.

Permanent Disability or Disfigurement After an Uber Accident

If a person is permanently disabled or left disfigured in an Uber accident, Uber’s insurance coverage for bodily injury kicks in to compensate the victim.

Loss of Consortium After an Uber Accident

If an Uber accident leaves a person unable to enjoy things they once took for granted such as enjoying a romantic, intimate relationship with their spouse or partner, they can claim loss of consortium as part of their damages.

Punitive Damages After an Uber Accident

Punitive damages may be awarded to an injured person if they were in an Uber accident in which the driver acted recklessly. For example, if an Uber driver had a passenger in their vehicle and drove recklessly while knowing they were putting the passenger and others in danger and an accident occurred, anyone left injured could be awarded punitive damages for the driver’s behavior. It should be noted that these damages aren’t given to reward a plaintiff; instead, they are meant to punish a defendant for outrageous conduct.

By now you are ready to share your story with Attorney Gabriel J. Carrera in a free case evaluation by calling 954-533-7593 or emailing him at [email protected], Let Gabe fight for you!

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 open, indicating they are off duty, their personal auto insurance policy applies in case of an accident.

Uber’s insurance covers incidents that occur when the driver has the app open while waiting for a ride request (period 1), while they are en route to pick up a passenger (period 2), and when they have a passenger in the vehicle (period 3).

During period 1, Uber’s insurance provides $50,000 in bodily injury per person, up to $100,000 in bodily injury total, and $25,000 in property damage liability if an accident occurs.

In period 2, Uber’s insurance offers uninsured and underinsured motorist coverage if an accident happens, resulting in injuries to the driver and passengers or only the passengers. This applies when the driver is at fault and lacks insurance or has insufficient coverage.

In period 3, Uber’s insurance includes collision and comprehensive coverage, which pays for damages to another vehicle at full value. However, there is a $2,500 deductible that must be paid out of pocket before Uber’s insurance coverage applies.

Understanding Compensation Recoverable from Uber Accidents

Victims of Uber accidents can claim compensation for injuries, property damage, and lost wages. This includes medical expenses, lost income, property damage repairs, and temporary transportation if the victim’s vehicle is under repair or totaled. Additionally, victims can seek compensation for pain and suffering, future medical expenses, loss of earning capacity, and wrongful death if applicable.

Florida’s Statute of Limitations for Uber Accident Claims

In Florida, the statute of limitations for filing a lawsuit for an Uber accident is two years. It is crucial to file within this timeframe if you have suffered injuries to ensure you can recover compensation.

By now you are ready to share your story with Attorney Gabriel J. Carrera in a free case evaluation by calling 954-533-7593 or emailing him at [email protected], Do NOT leave money on the table let – Gabe fight for you!

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 you to your destination. However, like all vehicles, rideshare cars are not immune to accidents. Uber has a unique accident history, and there are various causes behind these incidents.

Uber’s Accident Track Record

As one of the leading rideshare services in Florida and beyond, Uber has inevitably experienced road accidents. Some of these incidents are minor, causing little to no injuries. However, others have been severe, resulting in fatalities.

Uber publishes U.S. Safety Reports to shed light on the number of fatal accidents involving their drivers. For instance, their reports indicate that 107 individuals lost their lives in 97 crashes involving Uber vehicles in 2017 and 2018. Notably, many of these accidents happened at lower speeds than the national average for car accidents and predominantly occurred at night in well-lit areas.

While Uber’s report focuses on fatal crashes, it does not address non-fatal accidents. In one notable case, a pedestrian who sustained injuries and recovered sued the driver and Uber, alleging that the driver was distracted by his smartphone. Due to the nature of rideshare services, drivers must use their phones and the Uber app to find and pick up passengers, which can lead to distractions.

Common Causes of Uber Accidents

Uber accidents can result from numerous factors. Some of the most prevalent causes include distracted driving, fatigue, speeding, reckless or aggressive driving, failure to yield the right of way, driving under the influence (DUI), adverse weather conditions, mechanical failures, inexperienced drivers, road hazards, GPS or navigation errors, and disturbances from passengers.

Distracted Driving in Uber Accidents

Distracted driving is a leading cause of car accidents, and Uber drivers are no exception. Since Uber drivers need to be on the app for their work, this can lead to distraction. A driver might focus on the app to check for their next passenger, potentially missing crucial road signals or obstacles. For example, a pedestrian might be crossing the street, the traffic light could be red, or oncoming traffic might have the right of way while the Uber driver is making a turn. These are just a few scenarios where distracted driving can cause accidents.

Fatigue in Uber Drivers

Driving while fatigued can impair a driver’s abilities similarly to driving under the influence. If an Uber driver works while tired, it can lead to serious accidents, even if they don’t fall asleep at the wheel. Fatigue can diminish a driver’s judgment, reaction time, and control over their vehicle, increasing the risk of a crash.

Speeding and Uber Accidents

Speeding is another major cause of collisions, including those involving Uber vehicles. If a driver exceeds the speed limit, it becomes harder to control the vehicle, affecting steering, braking, and stopping. Speeding can lead to severe accidents, catastrophic injuries, and fatalities.

Reckless and Aggressive Driving

Reckless and aggressive driving poses a significant risk to everyone on the road. Uber drivers who engage in such behavior can cause serious accidents, resulting in severe injuries or death. Uber drivers are responsible for driving safely and avoiding reckless or aggressive behavior to protect their passengers and others on the road.

Failure to Yield Right of Way

Accidents can occur when Uber drivers fail to yield the right of way. Whether another car has the green light, reached a stop sign first, or if a pedestrian is in the crosswalk, the Uber driver must yield. Failure to do so is a common cause of accidents.

Driving Under the Influence (DUI)

Driving under the influence is extremely dangerous and can lead to horrific accidents. An Uber driver intoxicated by alcohol or drugs poses a severe risk to passengers and others on the road. DUI impairs a driver’s judgment, cognitive abilities, and control over the vehicle, making accidents more likely.

Adverse Weather Conditions

Uber drivers, like all drivers, must take precautions when driving in poor weather conditions. Many people underestimate the dangers of driving in the rain, leading to accidents due to not slowing down and maintaining extra space between vehicles. Using high beams during heavy rain or fog should be done cautiously to avoid blinding other drivers. Ensuring the vehicle is well-maintained for specific weather conditions is also crucial to avoid accidents.

Mechanical Failures

Mechanical failures can contribute to Uber accidents and are sometimes beyond the driver’s control. However, Uber drivers must ensure their vehicles receive regular maintenance, such as oil changes, proper tire care, and addressing any known defects promptly. Neglecting vehicle maintenance can lead to unexpected accidents.

Inexperienced Drivers

Uber and other rideshare companies aim to hire skilled drivers, but occasionally, inexperienced drivers are employed. This can lead to a higher likelihood of accidents due to their lack of experience. Hiring inexperienced drivers can pose significant risks to passengers and others on the road.

Road Hazards

Road hazards such as potholes, debris, and other obstacles can cause even the most cautious Uber driver to lose control and have an accident. Swerving to avoid road hazards can also lead to collisions if not done carefully.

Other Drivers

Other drivers’ actions can significantly impact Uber accidents. Even if an Uber driver is driving safely, they cannot control other drivers who may be distracted, intoxicated, or otherwise negligent, leading to accidents.

GPS or Navigation Errors

Errors in GPS or navigation systems can cause Uber drivers to take wrong turns or drive against traffic. These errors can also distract drivers as they try to correct their route, leading to accidents.

Passenger Disturbances

Although rare, passenger disturbances can also cause Uber accidents. If a passenger is rowdy, loud, or gets into a fight, it can distract the driver and lead to a loss of focus, potentially resulting in an accident.

By understanding these factors, passengers and drivers can be more aware of the potential risks and take steps to prevent accidents, ensuring safer rides for everyone.

By now you are ready to share your story with Attorney Gabriel J. Carrera in a free case evaluation by calling 954-533-7593 or emailing him at [email protected]

Personal injury protection (PIP) insurance is mandated by Florida state law, and its benefits are disbursed through your insurance provider.

What is PIP Insurance?

PIP, which stands for “personal injury protection,” is a type of insurance that compensates you for personal injuries sustained in a car accident. This coverage applies regardless of who is at fault for the accident. In Florida, every motorist is required by law to carry PIP insurance.

Every driver who registers a vehicle in Florida must have PIP coverage providing at least $10,000 for qualifying injuries and damages to any individual injured in a vehicle crash, irrespective of fault. This insurance is necessary to obtain a valid vehicle registration in the state.

Florida as a No-Fault State

Florida implemented its no-fault laws in 1971 to reduce the need for public assistance due to traffic accidents and to decrease the caseload in the state court system. Despite ongoing efforts to enhance its efficiency, these laws make Florida one of the few no-fault states in the U.S. This means each driver’s insurance covers their own losses, and they must turn to their own insurer after an accident, even if they are responsible for the crash.

What Does PIP Insurance Cover?

PIP insurance covers medical bills and lost wages if you are unable to work due to a car accident. It also provides funds for replacement services, such as household chores, child care, or transportation.

PIP insurance pays 80% of medical expenses up to the policy limit and 60% of lost wages if the injured person cannot work. It covers 100% of the costs for necessary replacement services. In the event of a death, PIP insurance offers up to $5,000 in compensation.

Who Does PIP Insurance Cover?

In addition to covering you, PIP insurance extends to your children, whether they are in your vehicle or riding a school bus. Passengers in your vehicle who do not own a car and thus lack their own PIP coverage may also be covered under your policy.

When Does PIP Insurance Apply?

No-fault PIP insurance compensates you if you are injured in an automobile accident, whether as the driver, a passenger, a pedestrian, or a bicyclist in a collision with a motor vehicle.

PIP Insurance Requirements for Nonresidents

Generally, nonresidents are exempt from this insurance requirement. However, if a vehicle has been in the state for ninety days or more within the past year, the owner must obtain PIP insurance like a Florida resident. Failure to do so can result in a license suspension and notification of the suspension to the person’s home state.

When Doesn’t PIP Apply?

In cases of severe vehicular accidents, you may go beyond Florida’s no-fault laws to seek damages from the other driver. This is possible if the injury is permanent or chronic, such as traumatic brain injury, amputation, scarring, disfigurement, loss of a major bodily function, or paralysis. In such cases, individuals typically seek assistance from a personal injury lawyer and may pursue additional damages, including pain and suffering.

Is the Minimum PIP Insurance Coverage Sufficient?

While maintaining the required minimum car insurance is crucial, it is advisable to purchase a policy with higher coverage. The minimum $10,000 may be insufficient in the event of a serious car accident, given the high costs involved. Although many assume it won’t happen to them, millions of crashes occur annually in the United States.

Need Legal Assistance?

If you have been injured in an auto accident and your insurance isn’t providing the coverage specified under your policy, contact Gabriel J. Carrera, an experienced Florida personal injury lawyer. Call 954-533-7593 or email [email protected] to schedule your free consultation and see how he can help you.