COVID-19 Auto Accidents in South Florida
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COVID-19 has created a dramatic shift in all of our lives and even on our South Florida roadways. With residents holed up at home, working remotely and running fewer errands than ever, rush hour traffic has dipped considerably. Shuttered bars and restaurants has meant fewer drunk drivers on the roads and less auto accidents.
Those who must and do go out may be under the impression that the roads are safer due to this dip in traffic congestion we’ve seen throughout the state. They have evidence to support that belief too.
Florida drivers were involved in 9,469 crashes in June compared to 31,128 in 2019.
However true, that belief for many drivers contributes to the most serious and fatal auto accidents that can happen.
The Need For Speed
A recent report by the Governors Highway Safety Association (GHSA) stated that many drivers across the U.S. are pushing the needle to speeds greater than 100 mph. FHP have also reported drivers are traveling at speeds of 20-40 mph over the posted speed limit on average.
“Law enforcement officials have the same mission as health care providers — to save lives. If you must drive, buckle up, follow the posted speed limit and look out for pedestrians and bicyclists. Emergency rooms in many areas of the country are at capacity, and the last thing they need is additional strain from traffic crash victims,” said GHSA Executive Director Jonathan Adkins.
Caution Your Confidence
The roads may appear empty and safe for you to push the pedal a little further. Just a few MPH over the speed limit is no big deal, right?
Out of the 9,469 crashes in June, 54% were speed related and 37% of those were fatal.
Due to distracted driving, unsafe road conditions and a myriad of circumstances we’ve seen can happen here at The South Florida Injury Law Firm, we know the roads are never as safe as they may seem.
It’s difficult to foresee auto accidents, the injuries that can come from them and the lifelong effects they have. It can put even a bigger dent in finances that COVID-19 have already burdened so many with. It is even worse when you know somebody else through their negligence caused you suffering, and that’s why you need to fight hard to get compensated for your loss. Be cautious and remember these steps we’ve put together for you to be better prepared:
What to do at the scene of an auto accident during this time of COVID-19
- Get medical attention for those who are injured.
- Still Practice Safe Distance. Stay 6 feet away from the other driver.
- If you are able to without discomfort, pay mind to and keep your mask on.
- Get the name and the driver’s license of the driver of the car that caused the collision.
- If the driver leaves, get the license plate number of the car. If this is not possible, at least get a description of the car including the make, model, color, and any descriptive information you can.
- Call the police. If the car leaves, do not endanger yourself by following or chasing it. The police will do their best to track down the culprit.
- Wait in a safe place for the arrival of the police.
- If there are witnesses, try to get their names, contact information, and statements.
- Take photos of the scene of the accident as well as of the damage to your car.
As soon as possible with auto accidents, make your own written statement about what happened. Include as many details as you can about how the accident occurred. Note exactly where the accident occurred, whether there were traffic lights or a stop sign, what you observed the other driver doing, and any other information that seems relevant.
If someone sustains a head wound, broken arm or puncture wound, the injuries are obviously serious, and medical assistance should be sought immediately. But many times, accidents result in aching or overall soreness. It can be tempting to shrug this soreness off, as the pain may even subside over the following days. Not seeking medical attention can be a major mistake.
Get an Attorney
When searching for the best personal injury lawyers in South Florida, or if you have experienced an auto accident or injury, be sure to check for experience, track record, and reviews from their past clients.
Our team have 100+ years of combined legal experience, so we’ve handled just about every kind of injury and accident case you can imagine. We also come from diverse legal backgrounds that help us when preparing for cases, counting a former public defender and a lawyer who worked for insurance companies and knows their tactics among our partners.
During this time, we urge you to be safe on the road and if you have been in an accident, know that you deserve to be compensated for your pain and suffering – and those responsible deserve to be held accountable for their actions. That was The South Florida Injury Law Firm’s goal when it was founded in South Florida in 1991, and it has remained the centerpiece of the firm’s mission ever since that time.
Auto Accident Liabilities: Finding Who Is At Fault
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Accidents happen every day. In fact, according to the National Highway Traffic Safety Administration (NHTSA), there were 6,452,000 police-reported accidents in one recent year. That’s an AVERAGE of over 17,000 accidents per day! Thankfully, a great deal of these are minor accidents. Regardless of the severity of the accident, there is one critical factor that all insurance companies will want to know: Who is at fault?
Determining liability in a car accident—whether pursued through the insurance company’s claim process or through a personal injury lawsuit—will only be paid out if the injured plaintiff can prove negligence.
There are times when the blame is clear, such as in most rear-end accidents. However, there are other times when there is more than one individual at fault.
Here is a look at some common car accident scenarios and the process of evaluation that goes into determining fault.
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Left-turn Accidents
Left-turn accidents occur when one vehicle is going straight through the intersection while another car is making a left turn and collides into the side of the straight-moving vehicle. Like rear-end accidents, liability is generally easy to determine. Left-turning vehicles have a lower priority in this scenario, meaning that—unless there is a green arrow—they must yield to those moving straight through the intersection. A study from the federal government discovered that the left-turning driver most often committed a critical error, such as “turning with an obstructed view,” “misjudgment of gap or speed,” “inadequate surveillance,” or “false assumption of the other driver’s intentions.”These are all errors that place liability for an accident at the hands of the left-turning driver.
Are there ever cases where the other driver is at fault, though?
Yes. While rare, the driver of the straight-moving car may incur some liability for an accident. One such circumstance is in the case of an accident in which the driver of the straight moving car was traveling at a speed far in excess of the speed limit, making it impossible for the turning driver to either see him or her in time or to calculate how much time he or she has to complete the turn.
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T-Bone Accidents
In a collision where one vehicle rear-ends another, the driver of the trailing vehicle is at fault far more often than the leading vehicle. Lawyers will look for signs of distraction, speeding, and following too close on the part of the trailing driver, while also keeping in mind that the lead driver could share blame. Mechanical failure can also contribute to these accidents, so lawyers will pay attention to any signs of a defective part.
Typically, in a T-bone accident, one vehicle comes flying through an intersection without stopping. The driver might miss the presence of a stop sign or fail to notice that a light turned red. Drunk driving or distracted driving can increase the risk of a T-bone accident. Usually, in these scenarios, you might assume the driver who struck the side door of a vehicle bears liability for the accident. However, you should ask several questions to help determine liability in this scenario.
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Running The Light
Which driver ran the light? In an intersection with a red light, consider which driver ignored traffic laws and came through the intersection without stopping for a red light. Usually, other drivers can easily confirm which driver ignored the light.Which driver ignored a stop sign? In an accident at an intersection with a stop sign, the driver responsible for the accident may have failed to stop for the stop sign or came through the intersection after another driver had already started progressing through the intersection.
Were both drivers moving at the time of the accident?Sometimes, in a T-bone accident, one driver might strike another, stationary vehicle. Sometimes, a car might stall in the middle of the intersection or get stuck due to traffic. While drivers should try to avoid sitting in an intersection, sometimes, circumstances make it impossible to avoid it completely. If one vehicle had to stop, and another one strikes it in the side, the driver who moved after the other vehicle stopped bears liability for the accident.
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Head-on Collisions
Perhaps one of the most deadly types of accidents is a head-on collision. Sometimes referred to as a frontal crash, this type of accident occurs when two vehicles strike one another while traveling in opposite directions. When the fronts of two vehicles collide, it is often at high speed.Survival may depend upon the stretch of road, the reaction time of one or both drivers, and the type of vehicles involved. With the front end of the car receiving the brunt of the impact, larger and heavier vehicles protect occupants better than smaller, lightweight cars.
Consider the weights of the following vehicles and the force of the impact when they meet, head-on, at high speeds:
Car (SUV): 3,778 pounds
Pickup truck: 5,217 pounds
Minivan: 4,485 pounds -
Single-Car Accidents
Single-car accidents occur when a motorist loses control of a vehicle rolls over, drives off the road, or collides with a stationary object. On the surface, one might assume single-car accidents are always the fault of the driver. But that isn’t the case. Drivers in single-car accidents too-often blame themselves for a crash. In fact, as often as not, fault for single-car accidents lies elsewhere.To begin, even without a collision there can still be another motorist who causes a single-car accident. Take, for example, the common scenario in which a car swerves and crashes into a tree or road barrier in reaction to erratic driving by a second vehicle that goes unharmed. In that case, the driver of the second vehicle has fault, even though he wasn’t technically involved in the accident.
Similar to other scenarios above, automotive manufacturers and municipal road contractors may also have fault for single car accidents if their actions create unsafe conditions leading to a crash. Another party who could have fault for a single-vehicle accident is a drug manufacturer, if it markets a medication with dangerous side-effects without warning about them, leading a driver to fall asleep or to become disoriented behind the wheel.
What to Do Immediately After a Car Accident
The most important step immediately after a car accident is to seek medical attention. Even if you feel fine, accept transport to the nearest hospital. Internal injuries are often invisible to the naked eye while causing serious harm to your organs. Only a medical professional can determine the true extent of your injuries.
Do provide as much information as you can to law enforcement. If possible, take pictures of the accident scene and if you are too injured to do so, ask a witness to take them for you. Collect the contact information for witnesses and most importantly, try to remain calm. Do not approach or talk to the other driver.
How a Florida Personal Injury Attorney Can Help You Fight Back
As we said at the outset, fault forms the core of the inquiry into who has legal liability for a car accident and the damage it inflicts on innocent victims. Accordingly, lawyers, insurance adjusters, judges, and juries focus a significant amount of effort on determining fault in car accident cases.
Finding fault means investigating facts in detail. An attorney representing a client injured in a car accident will usually try to collect as much evidence as possible about the accident, and then (sometimes with the help of forensic experts) will piece that evidence together to form a picture of whose actions led to the collision or accident. In performing this task, lawyers pursue the facts as far as they go until there is no longer a provable, reasonably foreseeable connection between someone’s actions and the accident and injuries.
The more time and information you can provide to your lawyer to do this work, the better your chances of recovering the compensation you deserve. Once fault has been determined, a personal injury attorney can help you file a personal injury lawsuit and fair compensation.
A skilled Florida personal injury attorney can ease your burden in dealing with all of this and help you fight to get the compensation you deserve. Reach out today for a free case review. We will look over the details of your situation and let you know what options are available to you.
When your life has been turned upside down due to another’s negligence and you are drowning in bills and struggling to recover, you want to make sure you work with the best law firm you can find.
What is the difference between a high-quality injury firm and one that will only do the bare minimum?
The people who work there. That is why The South Florida Injury Law Firm is made up of some of the most well-respected and successful injury attorneys around.
Our lawyers have more than 60 years of combined injury law experience, and they have handled just about every type of Florida injury case you can imagine. They are members of the Million Dollar Advocates Forum, an elite group of attorneys who have helped settle injury cases worth more than a million dollars. They have been named to Florida Trend’s Legal Elite. They are recognized by the Florida Workers’ Advocates group.
Perhaps even more importantly, they have received glowing reviews from clients – and they get results.
7 Most Common Florida Car Crash Injuries
Car crashes happen in Florida every day. Lots of car crashes. Which means lots of people getting hurt in all kinds of ways.
Below we are going to go over seven of the most common types of injuries that tend to occur in automobile accidents. If you are seriously hurt due to the negligent actions of another, you owe it to yourself and your family to fight back.
Types of Injuries You Might Experience If You are In an Automobile Accident
Head injuries. In a car crash, head injuries most often occur when the head makes impact with the windshield, window, or steering wheel. They can also occur if flying debris hits the skull.
It’s in your best interest to seek medical attention for any kind of head injury, no matter how minor. Head injuries can have long-lasting and serious complications, so the importance of a medical exam cannot be overstated.
Dizziness, bleeding, swelling, or temporary blackouts are all reasons to seek emergency medical care. Doctors will run tests to see if you have injury to your brain or if you experienced a concussion. Your medical diagnosis also serves as proof positive in a personal injury lawsuit, so it’s important to seek medical care even if the injury doesn’t seem particularly serious.
Soft tissue injuries. Some injuries due to a car crash aren’t immediately visible, and it may take days or even weeks for symptoms to show up. Whiplash is a common injury in a car crash that produces lingering pain in neck muscles and ligaments, but may not manifest immediately after an accident.
Consult your doctor if your joints are sprained or pain persists in your muscles. Your doctor will investigate the source of your soft tissue injury and recommend treatment. Getting treatment is important so you don’t make yourself susceptible to further injury.
Chest injuries. When the airbag deploys, it can cause bruising or even broken ribs. Seat belts are proven to save lives, but that doesn’t mean they don’t sometimes hurt you. Drivers are most susceptible to chest injuries, because their proximity to the steering column restricts freedom of movement. The steering column itself can injure the driver in a car crash if the impact is forceful enough.
Back injuries. Damage to vertebrae or the spinal column in a car crash can be permanently life-altering, depending on which disks are affected and to what degree damage occurred. Partial or full paralysis may occur from these kinds of injuries. Urgent medical care is essential to determine the level of the damage. Don’t hesitate to rush to the emergency room if you feel any numbness or pain in your neck or back after a car crash.
Abrasions. It’s common to experience bruising, cuts, and scrapes in a car crash. You may be slammed up against the interior or scratched up by the car itself. Also, flying debris like glass, cell phones, drinking cups, purses, and accessories may fly at you at high speed, causing painful bruises or cuts.
Some abrasions may be minor and treatable with a few stitches or home remedies. Others may be more serious and require extensive medical care. Surface abrasions may hide more severe ailments like head injuries or broken bones. If the pain lasts longer than what would occur with a normal bruise or cut, or if other symptoms go along with the abrasions, it is a good idea to get a doctor’s opinion.
Injury to extremities. Broken fingers, arms, legs, and toes can occur as a person is thrown against the vehicle interior or door in a crash. Side impact crashes tend to cause the most damage to limbs. People riding in the front seat may have knee or leg damage when they come into sudden contact with the dashboard. People riding in the back seat may experience damage to extremities as they are shoved into the seats in front of them.
These injuries need to be treated immediately by a doctor. Even if the pain is less than what you may expect for a broken bone, it’s wise to seek medical attention.
Pedestrian injuries. A pedestrian hit in a crash may suffer many of the injuries listed above. One third of non-traffic crashes involve pedestrians and cyclists, according to a report by the U.S. Department of Transportation.
Contact a knowledgeable Florida personal injury lawyer as soon as you’ve sustained an injury to get help building a solid case. Insurance companies often resist paying claims to rightful victims in car crashes, but an experienced attorney will work to fight the insurance companies and help you receive the help and compensation you deserve.
8 Questions to Ask Before Choosing a Personal Injury Lawyer
Just as you wouldn’t hire a doctor, contractor, or a therapist who isn’t trustworthy or experienced, you should tread carefully when choosing a personal injury lawyer.
Your attorney will play an invaluable role in your personal injury case, often making the difference between a denied or successful claim.
With you and your family’s health and finances in jeopardy, you cannot afford to work with anyone but the best attorney possible.
But how do you distinguish a mediocre attorney from a great one? How do you find an attorney who is best suited to handle your unique case and accommodate your personal needs, values, and goals? Finding the right personal injury lawyer is no small task, especially since a simple Google search for “Florida personal injury lawyer” will yield thousands of results. Many lawyers claim to offer personal injury representation, but have very little actual experience in the courtroom. Others may not have the time or resources to give your case the individual attention it requires.
To help find the best attorney for your personal injury case as quickly as possible, we’ve included a list of questions you should ask before choosing a personal injury attorney.
- What kind of cases do you handle regularly?
Many lawyers who claim to specialize in personal injury are actually jacks of all trades, working in many different areas of the law. But the best personal injury attorneys are the ones who focus their practice on this unique area of the law and handle these types of cases every day. Only an attorney who specializes in personal injury lawsuits will know the unique nuances of personal injury law, and only a personal injury attorney will be able to practice at the highest skill level and obtain the best results for their client.
- Have you successfully handled similar cases before?
A good lawyer should be able to point to a track record of successful cases that are similar to your own. Inquire about past cases and results, and ask to speak to former clients. As with the vast majority of practices, experience helps.
- Are you prepared to go to court?
This very important question is often overlooked. If you hire an attorney who always settles and never takes cases to trial, you can be almost certain you will not receive the compensation you deserve. Your attorney should be prepared to take your case to court and not be eager to secure a quick turnover. Lawyers who try to settle personal injury claims in as little time as possible may shortchange their client in their haste for their contingency fee.
- Do you have time to work on my case?
Oftentimes, big-name attorneys will sign up clients and wait months before filing the suit as they continue to sign other clients. The longer your attorney waits to file your claim, the longer you’ll have to wait to receive the compensation you need and deserve. Before hiring your attorney, ask how much time he or she plans on devoting to your case, and how many other cases he or she has pending.
- How do you handle upfront expenses?
Most personal injury attorneys work on a contingency basis, meaning they will collect a percentage of the amount recovered and will charge no fee if they lose your case. However, some attorneys will require clients to pay litigation fees upfront. Talk to your attorney about their firm’s unique approach to case expenses so you can understand exactly what you are getting into.
- How do you handle situations where you and a client are in disagreement?
Some attorneys may try to demand that you accept a settlement, even if you feel it is not fair or sufficient. While you should never feel pressured to settle a case against your wishes, some attorneys will withdraw from your case if you disagree with them and refuse to accept a settlement. Before choosing a lawyer, make sure your attorney will honor your wishes.
- What is my case worth?
You attorney should be able to provide you with a basic idea of how much your case is worth, free of charge. This can be a spectrum based upon unknown factors such as medical complications and liability.
- How can you help me improve my case’s chances for success?
Your personal injury attorney should invest extensive time, energy, and resources into your case to ensure you are in the best position to obtain a favorable outcome. That means collecting evidence, gathering witnesses, and consulting with experts.
When finding the right lawyer for your personal injury case, time is of the essence. Contact an experienced personal injury lawyer today, and find out how an attorney help you get the compensation you need to cover medical expenses, lost wages, and other costs related to recovery.
COVID-19 Action on Accident and Insurance Legal Claims
At The South Florida Injury Law Firm, we stand in support of the many brave men and women working in our hospitals, as well as our first responders fighting against COVID-19. We are taking care of our clients, our employees and our families and are doing whatever we can during these unprecedented times.
In order to help you through this trying time, we’ve put together some information on commonly asked COVID-19 legal questions:
Should I Get Medical Treatment During This Pandemic?
Yes. The most important thing to do after an auto accident is to obtain proper medical treatment. Your health is most important, and we want to ensure your concerns are safely addressed. In both Dade and Broward County, all medical practices are expected to follow proper health procedures to prevent the spread of disease
How do I file my car insurance claim during the new Coronavirus outbreak?
When filing a claim during this time, there is a very good chance you will have to meet with an adjuster virtually, instead of in person. In some cases, it may be that compensation for damage to your car, medical bills, and more may be delayed, since several insurance companies are struggling to adjust and appropriately deal with the virus. That being said, you can have peace of mind knowing that our experienced team at the South Florida Injury Law Firm will represent your interests every step of the way to help ensure you receive the compensation you need to get back on your feet again.
How can I contact my car insurance company during the COVID-19 outbreak?
Many businesses, including insurance companies, are now working remotely and are not going into their offices, which means that if you want to speak with your insurance company, you will most likely have to do so either over the phone, on their website/mobile app, or through email. Unfortunately, certain aspects surrounding the claims process may also be delayed, since local body shops and other businesses associated with car accident claims are now, for the most part, closed to the public.
Should I Settle My Case?
For many of you, you are the family worried about how they will pay their bills while in quarantine. This may cause you to accept the first offer from the insurance company without considering whether it’s enough.
Don’t let panic and desperation coerce you into accepting the insurance company’s first offer. They’re looking out for them and you should speak to your attorney who is looking out for you.
Do Not Delay Your Personal Injury Case Because Of COVID-19
Even with any roadblocks that could be encountered along the way, if you wait until after this crisis passes to call us a delay in hiring an attorney could hurt your case. Even a few days of delay in starting treatment can significantly reduce case value.
We Can Handle Your Case Remotely, Thus Reducing Your Exposure To The Coronavirus
The team at the South Florida Injury Law Firm all take calls from injured clients 24/7, 365 days a year and located in Fort Lauderdale, Florida. We’re happy to speak with you by phone, and not have to worry about going to another public place, risking germ exposure. However, if you have the need, one of our personal injury lawyers can visit you in your home or, if necessary, in the hospital. To contact an accident lawyer, you can call The South Florida Injury Law Firm anytime at 954.764.7377 – seven days a week, 24 hours a day. Or fill out the convenient online form for a free case evaluation. Remember, the consultation is free and you will owe nothing until recovery of benefits is made.
We understand how significantly the virus has impacted our nation and others, which is why it is crucial you stay calm, stay inside, and practice good hygiene until the virus is eliminated.
Living Through The Consequences of the Coronavirus Epidemic
The Coronavirus (COVID-19) pandemic has completely changed the way of life for people all over this country. The court system has been dramatically affected, and those with ongoing personal injury lawsuits are having to make adjustments. COVID-19 is bringing numerous businesses, healthcare facilities, and court systems to a standstill. From a legal standpoint, the coronavirus will present both short term and long-term complications to personal injury claims.
There are so many unknowns with the current situation. Never before have we been faced with a pandemic of this magnitude. Every aspect of our lives is impacted. And the legal process and institutions are no exception.
At The South Florida Injury Law Firm, we are closely monitoring the effects of COVID-19 and monitoring how the virus is affecting our current cases. Accordingly, we are advising our clients on how best to stay on track with their medical treatments throughout the coming weeks.
How Does The COVID-19 Pandemic Affect My Personal Injury Lawsuit?
Our personal injury lawyers know several elements of your case could be affected by the pandemic, but the most important things to know are: You should not delay seeking medical treatment or consulting with an attorney. These are the quickest ways to jeopardize your health and reduce the value of your claim.
To help stay on track with your personal injury case, we recommend:
Continue medical treatment, if possible.
With many closures, appointments are likely to be canceled. Elective surgeries are canceled. If your medical provider can provide treatment or appointments through telemedical, and you can meet with your provider though video conference or phone, do so. If not, it’s important to be diligent in rescheduling any appointments that may be canceled. If you can receive medical treatment, we recommend following the advice and recommendations from the CDC and practice social distancing, frequent handwashing, and other precautions.
Keep your legal team Informed.
As appointments get canceled or rescheduled, it is important to keep your lawyer up to date on your treatment plans. Your case and its value can depend on continued treatment.
The vast majority of personal injury cases are settled before they go to trial. However, the COVID-19 pandemic will also affect the negotiation and settlement process. Due to staying at home orders and social distancing efforts, most aspects of case preparation could be altered or delayed. This includes investigation, seeking witnesses, and taking depositions, and more.
This is an unprecedented time for Florida and the rest of the United States, but that will not stop our dedicated team of attorneys from working to obtain compensation for personal injury victims.
- If you are involved in an auto accident or suffer a personal injury, it is important to keep receiving your doctor-recommended medical treatment or therapy. We understand that many people are hesitant to receive treatment at an emergency room or local hospital during the coronavirus pandemic.
- If you are involved in an auto accident that results in injuries, you must not wait to receive medical treatment. If you wait until this crisis has lessened, it may be too late to receive appropriate medical care, your insurance company may not pay and could jeopardize the compensation you would otherwise be entitled to for your injuries.
We understand that this is a difficult time for you and your family. Rest assured that we will continue to monitor every case we take. This includes keeping track of court deadlines and court closures.
Tips To Protect Yourself From A Spring Break Accident in South Florida
Every year between late February and early April, traffic fatalities rise in certain areas of the country.
Why? What’s happening?
Two words: spring break.
Those findings are from a new study that illustrates the spike in deadly auto accidents specific to “spring break destinations.
- Traffic fatality rates in these areas during this time rise significantly for
- Drivers under the age of 25
- Among those who travel from other states
- No increases are noted for areas that are not destinations for spring break
Below, we’re going to detail how Florida personal injury claims work if you are hurt in a spring break car crash.
Filing a Florida Claim after a Spring Break Car Crash
If you’re injured in an auto accident, the first thing you need to do isn’t file a claim, but seek medical care. Not only is this a good way to make sure your injuries get taken care of and that you aren’t hurt more than you realize, it increases your chances of winning compensation as well.
Your medical record will be a key piece of evidence in proving that the crash caused your injuries and that you deserve compensation for your medical expenses.
Next, your best course of action is to consult with a knowledgeable Florida injury attorney. He or she will be able to evaluate your case, and will make sure that you adhere to and understand the process.
Some important things to know:
- Florida’s Injury Statute of Limitations.
Under Florida law, you must file an injury lawsuit no more than four years from the date of the accident. File outside of that timeline and your case will likely be dismissed. - Florida’s Pure Comparative Negligence Rule.
When discussing your possible compensation amounts with a personal injury lawyer, it’s important to know that the amount may be adjusted according to the pure comparative negligence rule. This rule says that winning plaintiffs will receive compensation for their injuries according to their percentage of fault in the accident.
For example, if a drunk driver hit you and caused your injuries, but you were speeding at the time of the accident, the court may determine that you are 30 percent at fault for the accident. This means that any compensation you receive will only be 70 percent of the awarded total. If your total award is $100,000, you will be eligible to receive $70,000 due to the 30 percent reduction under the pure comparative negligence rule.
- Florida’s No-Fault Car Insurance Law.
In the majority of traffic accidents, each driver’s insurance company will be responsible for up to $10,000 in various expenses like medical bills and lost income – no matter who is at fault for the accident.
It is only when serious injuries occur that you can sue for additional damages. The requirements include the following types of injuries resulting from a car crash:
- Significant or permanent bodily function loss
- Significant or permanent disfigurement or scarring
- Permanent injury
A skilled attorney will know if your injuries meet the serious injury threshold, and therefore will be eligible for greater compensation.
- Damage Limits in Florida Personal Injury Lawsuits.
In car accident lawsuits, Florida courts set limits on the amount that can be compensated for punitive damages, which often apply to non-economic damages like pain and suffering.
You can file for the greater of either triple the amount of damages or $500,000. This normally applies only to extreme cases where the behavior of the driver was exceptionally reckless or dangerous.
How a Florida Personal Injury Attorney Can Help You Fight Back
If you are hurt in a Florida spring break car crash due to another’s negligence, you shouldn’t be stuck with all the bills for a serious injury. Unfortunately, dealing with insurance companies is often a tough challenge, and you have additional hurdles if you were injured on a visit to Florida as so many spring breakers are.
A skilled Florida personal injury attorney can ease your burden in dealing with all of this and help you fight to get the compensation you deserve. Reach out today for a free case review. We will look over the details of your situation and let you know what options are available to you.
When your life has been turned upside down due to another’s negligence and you are drowning in bills and struggling to recover, you want to make sure you work with the best law firm you can find.
What is the difference between a high-quality injury firm and one that will only do the bare minimum? The people who work there. That is why The South Florida Injury Law Firm is made up of some of the most well-respected and successful injury attorneys around.
Our lawyers have more than 60 years of combined injury law experience, and they have handled just about every type of Florida injury case you can imagine. They are members of the Million Dollar Advocates Forum, an elite group of attorneys who have helped settle injury cases worth more than a million dollars. They have been named to Florida Trend’s Legal Elite. They are recognized by the Florida Workers’ Advocates group.
Perhaps even more importantly, they have received glowing reviews from clients – and they get results.
5 Common Ways Motorcycle Accidents Happen
Riding a motorcycle can be exhilarating. The roar of the engine provides the soundtrack for flying down the open road – just you and your bike. But riding a motorcycle can also be dangerous. The thrill of riding a motorcycle can quickly become risky if you’re not careful or riding safely.
If you’re going to take a motorcycle on the road, you should complete a basic motorcycle rider course and know the Florida motorcycle laws, in addition to being equipped with the proper safety gear.
What kind of safety gear?
Helmet, gloves, protective eyewear, boots, leather clothes, and body armor. This kind of gear can both make riding a motorcycle more comfortable and help to protect you from injuries if you are involved in an accident.
But the best thing you can do is try to avoid accidents altogether.
To help you do that, here are 5 of the most common types of motorcycle accidents and how to prevent them.
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A car turns left in front of you.
This is probably the most common motorcycle accident. Why does it happen? Lots of reasons. A car might not see you or can’t correctly judge your speed. They might also be distracted or driving recklessly. Additionally, cars waiting to turn at intersections are particularly dangerous, as are gaps in traffic at an intersection, parking lot, or driveway.
As a motorcyclist, you need to be prepared for these kind of mistakes. Drivers might display certain signs that can foreshadow their turning in front of you. One thing to look for is the direction of cars’ wheels. The direction of a car’s wheels is the first sign of what the car might do next.
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You turned too fast into a corner.
You’re going too fast into a corner and you realize you might not totally make it. What do you do? Well, first of all, you shouldn’t be going too fast. You should also be paying attention to visual cues from the road to know what’s coming up ahead.
If you’re in that situation though, try to ride it out. Don’t slam on the brakes or do anything that may cause a loss of traction. Lean into the corner and be in control of the bike.
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A car suddenly changes lanes into you.
Motorcycles can easily fit into a car’s blind spot, so unfortunately it’s easy for a car to drift into your space.
As a motorcyclist, you should know this and be aware of where blind spots are and avoid riding into those spots. A good note: if you can see a driver’s eyes in their mirror, they can see you too. You should also be watching the road to see if cars will need to be changing lanes quickly.
Also watch for signs a car might be changing lanes:
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- Turn signals
- Turning wheels
- A driver is checking their mirrors
- A driver’s head is moving
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A car hits you from behind.
With cars, fender benders are the most common accident. But a fender bender with a motorcycle could kill a motorcyclist.
Avoid this accident by using other cars as barriers. When you stop, politely pull in front of another stopped car to cushion yourself from any cars coming up behind you. Or pull in between a line of cars.
If there aren’t any stopped cars, stop to the side of your lane instead right in the center. Flash your brake lights and be aware of what’s happening behind you in case you need to quickly get out of the way.
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A car opened its door.
If there are parked cars on the side of the road, never ride between them and an active lane of traffic. Even if there’s a ton of extra room. Car doors can open. Pedestrians can step into the road. Cars can pull out. And so on. Motorcyclists and bicyclists call the area next to parked cars The Death Zone for this very reason.
If, however, you end up in this situation, brake as hard as possible to avoid a collision. If a collision is going to happen anyway, you can at least decrease your speed.
Hopefully, when you’re on your motorcycle, you ride safely and exercise caution while on the road. If for some reason you or a loved one is injured in a motorcycle accident, seek medical attention immediately. Then contact an experienced motorcycle accident attorney who can look at the facts of your case and determine if you’re entitled to any damages.
What Are Your Rights When Involved In A South Florida Trucking Accident?
Nowadays, many more trucks are entering our roadways, sharing the same space we use in our everyday life. Product demand has significantly increased, and so does the congestion of commercial trucking. Unfortunately, with the increased numbers of trucks entering service they bring with them an ever-increasing number of accidents and resulting injuries.
A central question in most truck accident cases is whether the trucker’s actions violated their duty of care. Some trucking accidents make this question abundantly clear: if a police officer cites a trucker for speeding, failing to yield, or carrying too much weight, the law assumes that the trucker is at fault for any ensuing accident. However, in other cases, a more in-depth investigation is required to prove trucker fault, for which a South Florida truck accident attorney can provide significant assistance in collecting evidence.
Trucking Accident Common Factors
Poor Vehicle Maintenance
Ensuring that a vehicle is maintained correctly is essential for every driver, and it’s vital to the safety of commercial truck drivers. Commercial vehicles experience more wear and tear than ordinary cars as trucks are driven for hundreds of miles every day. If routine maintenance is skipped, it could lead to mechanical problems or equipment failure that could lead to an accident. Something as simple as a worn brake pad could be the difference between stopping in time and causing a multi-car pileup. Victims of a commercial trucking accident should have the company’s maintenance records checked to see if repair negligence contributed to the collision.
Incentivize Programs that Promote Unsafe Truck Driving
While it’s easy to blame the driver involved in the accident, looking at the underlying issues may solve the root problem. Shippers and logistics firms may inadvertently create dangerous driving conditions by the way they pay drivers. For example, some compensation programs encourage faster vehicle speeds or more hours of continuous vehicle operation than would usually be unadvisable. Giving drivers unrealistic schedules encourage drivers to hurry, despite the safety risks involved.
Improper Cargo Loading
Commercial trucks carry so much cargo that weight imbalances can significantly affect the safety of the vehicle. Cargo that has been loaded incorrectly can cause accidents in several ways.
The shipment could fall off and become a hazard to other drivers, and the cargo itself could affect the vehicle’s steering. To prevent these issues, truckers and cargo loading teams have to abide by industry-specific rules when it comes to loading the bed of a commercial truck.
These rules determine limits for weight, size, length, width, and load height. The rules also specify special methods of securing cargo for transportation.
South Florida Truck Accident Laws
Truck drivers have the same responsibilities under Florida law to drive their vehicles in a safe manner as all other motorists. This includes a duty to protect all other people they may encounter while behind the wheel. This extends to:
- Other drivers
- Passengers in other vehicles
- Pedestrians
- Cyclists
- Motorcyclists
If a truck driver fails in this responsibility, and someone is injured, that person can file a lawsuit alleging that the driver’s negligence caused their injuries. Unfortunately, even the clearest example of truck driver negligence may fail to bring compensation if a plaintiff does not act in time.
According to Florida Statute §95.11, plaintiffs must file a case within four years of the date of the accident if they hope to collect compensation. Insurance companies may break off all settlement negotiations if this time has passed. This makes it important to act quickly when considering a claim.
Common Injuries related to South Florida Truck Accidents
Common Injuries related to South Florida Truck Accidents
Even truck accidents that occur at low speeds place great strain on the bodies of the occupants of smaller vehicles. Even if their bodies do not come into direct contact with the truck, their car may be subjected to significant force or perhaps even crushed.
This can result in life-threatening injuries. It is not uncommon for the victims in these accidents to suffer:
- Broken bones
- Separated joints
- Severe cuts
- Burns
- Concussions
- Paralysis
Any form of physical injury is enough to make a claim. A complete claim should also demand compensation for lost wages and mental anguish. A truck accident law firm in South Florida can work with clients to understand the full impact of the accident on their lives and receive the compensation they deserve.
Far too often injury attorneys treat trucking accident cases like car accidents. One can easily understand the force from a 60,000 pound truck striking a family vehicle are significantly higher than the force from a 7,500 pound pickup truck or 3,500 sedan traveling the same speed. This difference in force often results in much more serious injuries, even death.
Attorneys specialized in trucking accidents know that car accidents and trucking accidents are not the same. Beyond the federal regulations that apply to commercial trucking, drivers must also undergo extensive training. 18-wheelers simply do not operate the same as family-size passenger vehicles. They are harder to maneuver and some operations that can be done in family passenger vehicles are strictly prohibited by 18-wheel operators.
Post-Accident Checklist
After any type of traffic accident, you should run over a checklist of information to get from other drivers or passengers who were involved: insurance information, injuries, names and contact information of witnesses, etc.
Hopefully, knowing this information and practicing safer driving will help you reduce the chances of getting into a truck accident. But if you or someone you love is injured in a crash with a truck due to another’s negligence, you should know what to do next. The first and most important thing to do is check to see if you or anyone around you is injured and, if so, instantly seek medical attention.
The next step you take should be contacting a skilled Florida accident attorney who will look into the incident. Your lawyer will likely have to ask you a lot of questions, so it’s helpful to prepare yourself ahead of time.
Researching and slogging through legal meetings may be the last thing you’re interested in doing after getting hurt in an accident, but it’s worth it. Medical bills can pile up fast, and that’s not even dealing with money you lose due to not being able to work and other expenses. These are things that can seriously derail your life, and if someone else is responsible, you shouldn’t have to pay for their mistake.