Kirshner Groff & Diaz, Attorneys at Law

03/24/2021

Title: Long-Distance Riding 102
You’ve got the right bike, and it is fully outfitted for your long-distance trip. Are you ready to go? Not quite! There is some preparation you as a rider must do to make sure everything goes as smoothly as possible.

You’ve got the right bike, and it is fully outfitted for your long-distance trip. Are you ready to go? Not quite! There is some preparation you as a rider must do to make sure everything goes as smoothly as possible. Tempting as it may to just hit the road and ride, a little bit of...Read More

03/24/2021

Title: A Guide to Types of Motorcycle Helmets
We have previously discussed the basics of the types of gear out there that you should consider wearing to protect yourself while riding a motorcycle, but in this post, we are going to focus on what is arguably the single most important piece of equipment that protects the most vital part of your body: the helmet.

We have previously discussed the basics of the types of gear out there that you should consider wearing to protect yourself while riding a motorcycle, but in this post, we are going to focus on what is arguably the single most important piece of equipment that protects the most vital part of your bo...

03/03/2021

We just added a new blog post:
Title: Can You Sue Because Someone Gives You Coronavirus?
Content: The novel coronavirus labelled COVID-19 is quickly becoming a pandemic. It has caused multiple deaths in the United States. This has caused people to run to hardware stores to purchase N-95 respirators and surgical masks to prevent exposure.

You may be able to sue for the transmission of the coronavirus, but it is unlikely that you will win because the virus is so contagious.

03/03/2021

https://kgdfloridalaw.com/traffic-deaths-rises-during-covid-as-open-roads-tempt-drivers-to-speed-up/

Rate of traffic deaths rises during COVID as open roads tempt drivers to speed up The rate of traffic deaths jumped in the first half of 2020, and safety experts blame drivers who sped up on roads left open when the COVID-19 pandemic shut down businesses and limited commuting. The new research also....

02/12/2021

Motorcycles and the Law in Florida

In Florida, we enjoy many freedoms and benefits to riding motorcycles. There are still important laws you need to know and follow, though, and because of the unique nature of a bike, there are more specialized rules to remember. Florida has the second-highest number of registered motorcycles in the country, but it is also near the top of the list for motorcycle fatalities.

The laws are designed with you and everyone else’s best interest in mind, so it is important to be aware of the laws, regardless of if you are a new rider or an experienced veteran. It can be a little confusing to keep track of all the rules, so we have aggregated several of the legalities pertaining to motorcycle riding here in Florida for your ease.

As opposed to driving a car, there are a few more details you need to think about when operating a motorcycle. Since you are exposed to the elements and more vulnerable in case of accident, Florida has laws about protective equipment in order to keep you and others safe and vigilant.

Motorcycle Helmet Laws

For the record, it is always advisable to wear a helmet when riding a motorcycle. However, Florida is the only state where it is not required for every rider. In Florida, you must wear a helmet under the following conditions:

Anyone who is under the age of 21 must wear a helmet while riding a motorcycle.
If you are aged 21 or older and choose not to wear a helmet, you must carry at least a $10,000 medical insurance policy that will cover you for injuries or medical problems resulting from a motorcycle accident.
If you are aged 16 or older, you are not required to wear a helmet if you are operating or riding as a passenger on a motorcycle with a displacement of 50 cubic centimeters or less, or is rated at 2-brake horsepower or less, and which is incapable of propelling itself at a speed of greater than 30 miles per hour on level ground.


Motorcycle Equipment Requirements

A helmet is one of the most important pieces of protective equipment you can have for riding, but it is not the only important or necessary item. If you are wondering about what other pieces of equipment you should have to ride and what their specifications should be, here are the requirements:

Lights and Mirrors: Your bike must have working headlights, tail lights, and turn signals. You must also have reflectors installed and rear-view mirrors on your left and right sides. Motorcyclists in Florida are required to have their headlight on at all times, even in the day, so check your bulb frequently.
License Plates: Your bike must have a visible license plate in back. If the motorcycle is registered to a rider under the age of 21, the license plate must be a special color and design.
Handlebars: The handlebars must be no higher than the driver’s shoulder height.
Passenger Accommodations: If you to ride with a passenger, your bike must be equipped with a separate seat and footrest for the extra rider.
Eyewear: Motorcyclists in Florida must wear either goggles or other acceptable eye protection that has been approved by the Department of Transportation.


Motorcycle License in Florida

The state of Florida requires riders to carry a “Motorcycle Only” license or have a motorcycle endorsement on their driver’s license to operate a motorcycle legally. To obtain a valid motorcycle endorsement, you must follow these steps:

Acquire a Class E operator’s driver’s license.
Pass the Basic RiderCourse (BRC) or the BRC updated through a Florida Rider Training Program authorized sponsor.
After passing, you have a one-year grace period to obtain your endorsement, after which your course completion will be considered invalid and you will need to take a Rider Skills Test.
After completing the required testing, present your ID and pay the required fees to your local driver’s license or tax collector office to receive your endorsement.


Florida’s Road Rules for Motorcycle Riders

In Florida, the traffic laws apply to every operating vehicle equally, whether it is a car, motorcycle, cargo truck, or anyone else who might be on the road. As a motorcyclist, this means that you are not allowed to weave in and out of traffic, and you must maintain the appropriate speed with the flow of traffic and obey all traffic signals in the same way.

However, since the same rules of the road apply to you as a rider, you also are entitled to the same rights as any other driver on the road. You have the right to use the full lane of traffic, although two motorcyclists are allowed to share the same lane if they so choose. Cars must allow you your own lane and must maintain the same safe distance as with any other vehicle.

This also means that lane splitting is not permitted. You may not ride alongside another car in traffic, and you cannot pass between lanes, whether or not traffic is moving. As of the time of writing, California is the only state where lane splitting is legal.



Motorcycle Insurance Requirements in Florida

When it comes to vehicle insurance, Florida is a no-fault state. This means that when an accident occurs, it is the responsibility of the driver found to be at fault to pay for any injuries or damages incurred by the other driver. This could be applied to just one driver. If the accident was caused by more than one driver or both parties are found partially at fault, the responsibility could also be split.

For other registered vehicles in Florida, there is a requirement to carry Personal Injury Protection (PIP) insurance, which pays for your own medical expenses, regardless of fault, but this rule does not apply to motorcycles.

Florida does have a Financial Responsibility law, which requires motorcyclists to either obtain a self-insurance certificate from the Bureau of Financial Responsibility or to have proper insurance coverage. The minimum requirements for riders are $10,000 (or $20,000 for 2+ people) for bodily injury and $10,000 per crash for property damage.



It is important as a motorcyclist to know the rules of the road and to follow them. Knowing and abiding by these laws, which are designed to keep you and other safe, could be the difference between a close call and a fatal wreck.

You may think you could use the services of a lawyer for your case, but motorcycle accidents can become a lot more complicated than simple car accidents. Unfortunately, there is sometimes a tendency among police, witnesses, and the other involved party to hold bias against motorcycle riders in an accident.

Because motorcycles are viewed as more dangerous, riders can get a bad reputation for being reckless, which is typically just not true. Motorcycle operators are no more likely to be irresponsible than any other driver on the road. If you do your best to follow the rules of the road, you are that much more able to fight against this bias.

If you have been falsely accused of being at fault in a motorcycle accident and think you could be entitled to compensation, an experienced attorney can help you set the record straight. Contact the Law Offices of Kirshner, Groff, and Diaz to be put in touch directly with a lawyer. The first consultation is no obligation to continue with our services.

01/29/2021

10 Steps to Take After a Car Accident
Car accidents are scary, but they happen more commonly than we would like. Even if everyone involved in the accident comes out relatively unscathed, the details in the aftermath of an accident are the last thing someone wants to deal with when they were on their way to work or a social engagement.

However, tempting as it may be to shortcut some of the important steps post-accident, it is vital that you know what to do so that you can have all the information you need to have the best possible outcome and to avoid trouble with the law.

No matter the details of the accident, here are 10 things you should always do if you are involved in an auto accident. If you have ever been unsure of what steps to take following a crash, big or small, read on to learn more.



1. Do Not Leave the Scene

You should never just drive away from the scene of a motor vehicle accident, no matter how minor you think the accident was. It doesn’t matter if you believe you were not at fault or another party was to blame – you should always stay at the scene.

If you leave the area, and it later turns out that you were mistaken and the other driver or drivers sustained injuries or property damage, you could be charged with a hit and run, whether you were at fault or not.

If police are called to the scene, they will not have all the information about the accident that they need, and insurance may not cover you if you leave without exchanging information. If you are charged with a hit and run, this offense could carry heavy fines and jail time, so it is not worth it to just speed off, even if you think that will be easier.

2. Make the Scene Safe

Before anyone arrives at the scene to make the roadway safe again, be sure to find a way to alert other drivers to the accident so that they are not at risk of danger when they come upon the wreck. It can be a good idea to carry small traffic cones or something else eye-catching in your auto emergency kit.

If it is safe, try not to move or remove anything from the scene of the accident. This can serve as evidence later, and it can help officials figure out what happened during the wreck. It is a good idea to get out of the car because of fire risk, but if the accident was in a dangerous area, be sure to wait in a safe place.

3. Call the Police

Even if the accident does not seem to be serious, it is still a good idea to notify the police. Sometimes your insurance company may require a police report to file a claim and get compensated.

If your vehicle is still drivable and is in a dangerous spot in the road, move your vehicle to a safer place as close to the scene as possible (but take photos first). Otherwise, try not to disturb any evidence before police arrive.

4. Make an Accurate Record

When you speak with the police, tell the officials everything you remember to the best of your ability. If you can’t remember certain details, just say so. It is never advisable to make something up or misrepresent events.

When they ask if you are hurt, you should respond that you are not sure, rather than no, in the case that you think you are uninjured. Often, injuries can show up a few day later after the adrenaline has worn off.

5. Take Photos

If you have a camera on your cellphone, take detailed pictures of the scene. However, make sure that your photography is not interfering with the police investigation and stay out of their way when asked.

Capture images of all vehicles involved from several angles, any debris or evidence that came from the vehicles, skid marks or property damage, and relevant traffic signs or signals. If you have visible injuries, photograph them as well to document them for your medical records.

6. Exchange Info

Usually, the responding officers will be gathering all the necessary information from those involved in the accident and any witnesses. You should also make sure to acquire this information from them, or from the involved parties yourself if the police are not on the scene.

Make sure to copy the information from their insurance cards and license, and give your information in return. If there is a police report filed, get the police report number as well. Get the name, address, phone number, and emails of any relevant parties, and try to get a card from the responding officer as well.

7. Report the Accident

Be sure to contact your insurance company to report the accident as soon as possible. Many policies require prompt reporting, and they will need to be in contact with both you and the other parties to gather all the pertinent information.

Does your policy include medical coverage as well? This kind of coverage often costs extra, so if you have any medical costs that could be associated with the accident, make sure to take advantage of this benefit. Medical coverage often requires the bills and notes from your doctor to be submitted promptly, so all the more reason to report early.

8. See a Doctor

As mentioned earlier, injuries can often be masked by the adrenaline surge after an accident, and issues such as whiplash may not cause you pain until some time after the crash.

Even if you suspect you were not hurt in the wreck, it is advisable to seek medical attention as soon as possible, and ideally within 24 hours of the accident. Some injuries may not even cause pain or be noticeable for a long time, so a medical professional can check you for hidden or internal injuries to bones, organs, or the head and spine.

If you wait too long to get checked, it can become harder to demonstrate that the accident was the source of your injuries. Minor crashes can cause major problems down the road if left untreated.

9. Keep Records

Keep all your related documents together in one file. Include names and contact information, accident reports, medical records, insurance claim numbers, bills and expenses, and anything else related to the accident and its aftermath.

Store your documents in a safe and private place. If possible, it is even better to acquire multiple copies of all of your documents and store them in different locations, in case of loss or damage.

10. Protect Your Rights

The most important thing you can do after you are involved in an accident is to speak to an attorney. They can help you with the next steps and make sure any evidence remains uncompromised, especially if your accident was not straightforward. A lawyer can advise you on what to say to the insurance companies when they ask for a statement.

If you or a loved one have been injured in a motor vehicle accident, you could be entitled to compensation for your injuries. Contact the Law Offices of Kirshner, Groff, and Diaz for a no-obligation consultation about your case. You will be put in touch directly with an actual lawyer.

01/29/2021

What to Do After a Hit and Run Accident
A motor vehicle accident is never a welcome event, but hit and run accidents can be especially jarring and frustrating. A hit and run crash is when a driver flees the scene of an accident before exchanging information with all involved parties and making sure everyone is okay. Hopefully, you never experience a hit and run, but if you do, here are some tips, so you know what to do right away and can go through the process as smoothly as possible.

1. Pull Over

It may be tempting to try to get more information by following the culprit, or maybe you even hope to catch up to the person and apprehend them. Unfortunately, this is not a good idea. Not only will you be leaving the scene of the accident, making it much more difficult for police to figure out the details of what happened and solve the case for you, it can be dangerous.

If you were to catch up with the culprit, you don’t know what state that person is in and if they are a threat to you, and you are unlikely to get any useful information out of them. Also, if your car was badly damaged from the wreck, it may not be in legal and safe driving condition, and you could get in trouble or pose a risk to yourself and other drivers.

Further, if you leave the scene, police may not be able to use the evidence to determine if a hit and run truly occurred, and you may become liable for any damages or your insurance company could deny your claim.

2. Call the Police

You should always notify the police after a traffic accident, but this is especially key if you have been involved in a hit and run accident. Even if you weren’t able to get much information about the vehicle that hit you, the police are equipped to deal with just this type of incident and may be able to use evidence or other resources to track down the culprit. Additionally, if you were hurt or your vehicle is badly damaged, law enforcement can request medical assistance and get a tow truck for your car.

To the best of your ability, try to report any information you have to the authorities in the first 24 hours after the accident. The sooner the police have the details they need, the more likely they are to find the person who hit you. If you neglect to report the incident to the police in a timely manner, your insurance company could find you at fault, which could increase your premiums or make you responsible for damages, depending on your coverage.

3. Attempt to Identify the Other Driver

Sometimes, despite their best efforts, the police to apprehend a hit and run driver after the accident. You can give them the best chance of catching the perpetrator by giving them as many details as possible. Once you are safe, try to write down all the information you have immediately after the crash while the incident is still fresh in your mind.

Your account to the police will be the most helpful and thorough if you do the following:

Write down anything you can remember about the vehicle that hit you, including make, model, color, license plate (even partial helps), and any unique identifying features. Make note of which direction the driver fled in.
Find witnesses. Ask other drivers or passersby near the area if they saw the accident and have any identifying information that could help.
If there are local businesses nearby, check if any of them have security footage that could corroborate your story.
Take detailed pictures of the damage to your vehicle, debris from the accident, and the surrounding area.
This information can also be useful when speaking with your insurance company about your claim.

4. Assess your Medical Condition

Make sure to check yourself for any injuries in the immediate aftermath. If you are seriously injured, seek medical help immediately. However, keep in mind that injuries resulting from motor vehicle accidents can take a few days or even weeks to show up.

That is why even if you feel fine directly after the wreck, you should still visit your medical provider as soon as possible so the doctor can examine you for any hidden injuries, such as whiplash, broken bones, internal bleeding, or head injuries. Monitor yourself for any pain or new symptoms over the next several weeks following the incident and report any new developments to your doctor as they come up.

Additionally, you should track your mental health condition. Scary accidents can result in conditions like PTSD, and concussions can manifest as mood changes or other mental shifts. Request any relevant medical records from your doctors to provide to your insurance company.

5. Gather Evidence

Walk through the events of the accident in your mind. In addition to any details you recall about the other vehicle, write down what happened before, during, and after the crash. Try not to disturb any evidence or debris from your vehicle before the police arrive, so they can corroborate the direction of impact.

Do your best to take good quality photos of the damage, rather than numerous lesser quality photos that don’t actually show the important parts of the damage very well. Try starting with some photos from four to six feet away from the vehicle, so the area of damage is clear, then move in closer to capture the specific components up close. Do this on all four sides of your vehicle.

You should also capture photos of the surrounding area, especially noting any traffic signs or signals and crossroads. If you have a dash cam, make sure you save this footage and give it to the police as soon as possible.

6. Talk to Witnesses

Talk to anyone you can find in the immediate surrounding area. If there are no drivers or pedestrians nearby, try going into local businesses and see if anyone saw anything. It might even be help to check shops around the corner or farther down the road, in the case that you were hit by a reckless driver. Even if they didn’t see the actual accident, someone might have noticed a vehicle operating erratically.

Write down the stories you are able to get from any witnesses and include their contact information. Be sure to provide this information to the police if you collect it before they arrive on the scene. Even if your witnesses didn’t provide any new information, their testimony is still important to back up your story.



The claim process with your insurance company can be lengthy and not as straightforward as a typical motor vehicle collision. You’ll likely need uninsured motorist coverage or collision coverage if the police are not able to locate the other driver. An attorney can help you through the process, whether or not the other party is found. You may be entitled to compensation related to any suffering or hardship you incurred as a result of the accident.

If you were involved in a hit and run accident, it is important to get legal advice right away to ensure you are properly compensated and to help you navigate the insurance claim process. For a no-obligation consultation about your case, contact the Law Offices of Kirshner, Groff, and Diaz to be put in touch directly with a lawyer.

12/15/2020

A Bluetooth helmet is a great way to stay connected while on your ride, but you have many options when you are shopping for one.

12/14/2020

Motorcycle hand signals are important when riding in a group, but you should know them anyway in case. Knowledge keeps you safe.

12/11/2020

Motorcycle Accident Lawsuits in Florida
When you are riding a motorcycle on any type of road, there is potential for injury. These injuries include injuries to your person, such as broken bones, head injuries, or road rash. They also include property damages such as damage to your motorcycle or damage to the location where the accident occurred. Lastly, these damages include subjective damages such as pain and suffering or the emotional loss of a loved one. This is why there are motorcycle accident lawsuits in Florida.

Things to Know About Motorcycle Accident Lawsuits in Florida
Negligence
The first thing to understand when considering a motorcycle accident lawsuit in Florida is the term, negligence. Negligence is commonly referred to the cause of a preventable accident. It means that the person could have done something to prevent the accident but did not, and the accident happened. While this seems to be an easy enough concept, negligence actually has 4 parts:

Duty to act: A duty to act means a person had a responsibility and failed to act on that responsibility. This may mean a person had a responsibility to keep an area safe for patrons. It may mean a person had a duty to keep the road clear. Some duties are more obvious than others. Less obvious duties may be the duty to drive at a safe speed or the duty to yield to oncoming traffic.
Failure to act: If a person had a duty and did not act on that duty, they may be negligent. This too is fairly simple but can get complex when people feel they didn’t have the duty or feel like they did the best they could. The courts decide whether or not the duty is legitimate and whether the defendant failed to meet that duty.
Damages: It doesn’t matter if there was a duty and a failure to act if no harm was done. There must be damages, or there can be no compensation.
Failure to act caused damages: Lastly, the damages must result from the failure to act. A person can be negligent, but the courts will not hold him or her liable if it wasn’t the cause of the harm. For instance, maybe a drunk driver was the witness to the accident. Their negligence and criminal activity in driving under the influence has nothing to do with liability in your case unless they caused part of the harm.
Comparative Negligence in Motorcycle Accident Lawsuits
The next thing you should know about motorcycle accident lawsuits in Florida is that Florida is a comparative negligence state. This means that a court will not hold a person fully responsible for an accident unless it was fully their fault.

In a lot of instances, a defendant may have been the person to pull out in traffic or make a left turn across lanes of traffic. However, the plaintiff’s high speed also contributed to the fault. It made him or her unable to respond to the erratic driving. This may not seem fair, if the other person made an illegal move, but it is fair when you consider the flip side.

If there wasn’t comparative negligence, then the defendant may not be held liable at all if the plaintiff was found to be somewhat at fault. The courts would eliminate any compensation. Comparative fault allows plaintiffs to collect the amount of damages that the courts determine was the fault of another party.

Collecting Evidence in a Motorcycle Accident Lawsuit
One way to increase your chances of having a successful motorcycle accident lawsuit is to collect as much evidence as possible on your own before leaving the scene. Of course, this is not always possible if injuries are significant, but a person should do the best he or she can.

The first thing you should do when in an accident is make sure that you are safe followed by anyone else involved. This is paramount. It’s no use getting a license plate number if you aren’t going to ever be able to give it to anyone else. However, once you are out of further harm’s way, any observations can be immensely helpful.

Collecting evidence can mean many things. Common evidence in a motorcycle accident lawsuit include:

Dash cams
Individual photographs
CCTV and surveillance cameras
Witness testimony
Physical/forensic evidence at the scene
Damages
Evidence does not only get created at the scene. There are other forms of evidence that can be created after a motorcycle accident. They are:

Medical bills
Repair bills
Journal entries
Further witness testimony
Expert testimony (physicians, therapists)
You should give anything that you feel is relevant to your lawyer. Sometimes the smallest piece of evidence can be all the judge or jury needs to make a decision. Don’t throw any paperwork away that you receive from health care professionals, body shops, or any other involved parties. Paperwork trails are more difficult to argue than witness testimony.

Understand the Mental Strain of Lawsuits in General
One thing to understand about any lawsuit is that it can be very stressful. Simply coming up with evidence for your cases is one stressor. You may have to do this while trying to heal physically and mentally from your injuries. Additionally, it takes time to file a lawsuit and for the courts to deliver a judgement. During this time, you may receive medical bills. They could already be in collection by the time you file a suit. The financial stress of lawsuits in general can be something to expect.

In order to mitigate the mental stress of lawsuits in general, it is important to have good support. Friends and family may be interested in helping with the case. If they tend to increase stress rather than help with coping, you may not want to share too much with them. Speaking to a therapist or even a support group may help you through the process. Finally, your lawyer should be someone whom you trust and in whom you can confide.

Finding Good Attorneys for Motorcycle Accident Lawsuits
When you start to look into filing a motorcycle accident lawsuit, which generally falls under the title of personal injury, it can seem overwhelming. There are many law offices from which to choose, and the quality of each firm varies. That is why the initial consultation is essential in determining your feelings about your representation.

A reputable law firm will have experience in personal injury law but also in motorcycle accident lawsuits. The lawyer himself (or herself) should be compassionate to the injuries you have suffered. He or she should be ready to ask the right questions and represent you in a way that takes away some of the stress of getting back to where you were before the wreck. If you don’t feel some sort of relief after your initial consultation, you may not have the right law firm.

Instead, you should feel comfortable with your choice in representation. You should feel confident in your attorney’s knowledge and ability to handle your case in a way that lessens stress, hastens the process, and gets you the judgement you deserve.

At the Law Offices of Kirshner, Groff, and Diaz, we pride ourselves in our experience and knowledge. We also have compassion for your set of circumstances and look forward to creating a fair end to your hardship. Contact us today for a no obligation about your case.