Understanding Auto Negligence in Florida
There are over 6 million car accidents each year in the United States.
Unfortunately, many of these accidents involve auto negligence. It’s crucial to understand this concept so you can handle your car accident case appropriately.
We’ve put together a brief guide with key information you need to know. Let’s take a look.
Auto Negligence Defined
As the name implies, this type of negligence occurs when a driver fails to exercise reasonable care while operating a motor vehicle. This could include anything from failing to obey traffic rules and regulations, driving recklessly, or even texting while behind the wheel.
In order for a plaintiff to prove auto negligence in court, they must show that the defendant had a duty to act with reasonable care. They must also prove that the defendant failed to fulfill their duty. Finally, it must be proven that the other party was the direct cause of the harm suffered.
Types of Auto Negligence
There are several categories of auto negligence that could occur on the road. Understanding these will help you move forward.
Listed below are some of the most notable.
Driver Impairment
This occurs when a driver is impaired by alcohol, drugs, or fatigue, which affects their judgment and ability to make sound decisions behind the wheel. It also includes distractions such as texting and talking on the phone while driving.
When a court finds that the defendant was impaired at the time of the accident, they can be held liable and required to pay damages.
Reckless or Careless Driving
This occurs when a driver displays a blatant disregard for the safety of others on the road by speeding, making unsafe lane changes, or running red lights.
It could also include tailgating, failing to yield, or failing to obey traffic signs and signals. Keep in mind that these behaviors are considered criminal offenses, and a driver can be held responsible for any injury or property damage resulting from their actions.
Disobeying Traffic Laws
When a driver fails to obey the laws and regulations of their state or local municipality, they can be found guilty of auto negligence. Examples include disregarding speed limits and running stop signs or stop lights. Failing to yield the right-of-way also infringes upon traffic laws. Traffic laws include those that regulate the proper use of headlights, signaling devices, and other safety equipment
Damages in Auto Negligence Cases
There are various types of damages that a plaintiff in an auto negligence case can pursue.
These typically include compensation for medical expenses, pain and suffering, lost wages, property damage, and emotional distress. Depending on the laws in your state and the circumstances surrounding the accident, you may be able to seek punitive damages as well.
For example, if the at-fault driver was under the influence of drugs or alcohol, you may be able to seek punitive damages in addition to any other compensatory damages.
Statute of Limitations
The statute of limitations sets a deadline for filing a lawsuit after a Florida car accident.
For most Florida auto-negligence claims arising from crashes on or after March 24, 2023, the deadline to file a lawsuit is generally two years from the date of the crash. Claims involving accidents that occurred before that date may be governed by Florida’s former four-year limitations period.
Different deadlines may also apply depending on the type of claim and circumstances involved. You can review the current requirements under Florida Statute § 95.11.
Because the applicable deadline depends on the date and facts of your case, it’s important to determine it promptly. If you’ve been injured in a Florida auto accident caused by someone else’s negligence, speaking with a personal injury attorney can help you understand the deadline that may apply and your options for pursuing compensation.
Comparative Negligence
This concept states that a plaintiff’s negligence can be used to reduce the amount of damages they are entitled to.
In Florida, you can still recover damages if you are found to be partially at fault for an accident. This is called comparative negligence. Here, the court will assign percentages of fault to both parties and reduce the plaintiff’s award accordingly.
Keep this in mind when moving forward. It could substantially impact the compensation you receive.
Importance of Legal Representation
Hiring a car accident lawyer should be your first step after an auto accident. Your lawyer can help you understand your rights and responsibilities in a car accident case.
They will also be able to explain the legal process and help you evaluate your options based on the facts of your case. They can build a strong case for you by researching relevant laws, interviewing witnesses, and gathering evidence from the accident scene. Your lawyer will also be able to negotiate with insurance companies and other parties on your behalf.
With the right legal representation, you can make sure that you get the compensation you deserve for your damages.
To find the best lawyer for your case, make sure to research local attorneys, read reviews, and talk to previous clients. This will provide insight into their level of experience and the quality of service they provide. It’s also important to work with an attorney you feel comfortable communicating with.
Understand Auto Negligence
Moving forward, be sure to understand the nuances of auto negligence. Victims of car accidents can make informed decisions about pursuing legal action and protecting their rights. Keep the above information in mind so you can take the best course of action.
Looking for more information about what we can do? Get in touch with us today to see how we can help.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Hit by a Food Delivery Driver: What You Need to Know
Unfortunately, accidents happen on the road all the time. According to the 2021 accident statistics over 45,000 deaths happened due to road accidents.
Sometimes these accidents happen when food is being taken from one location to the next. If you have been hit by a food delivery driver, there are some special steps that you will need to take to get the compensation you deserve. Here’s a look at what you need to do.
Call the Police
The first step you should take is to call the police. Calling the police will help you to ensure that there is a legal record of what has happened.
While waiting for the police make sure you get the name, the contact information of the delivery driver and find out exactly who is their employer. Another thing you can do is to find out the insurance details for the driver as well.
If possible start taking as many pictures of it as you can of the accident site, and your injuries. Be sure to get the name and contact information of all the witnesses.
Get Medical Help
The next thing you need to do is seek medical attention. Even if you think you feel fine you should go ahead and get medical attention.
Often immediately after an accident, there is so much adrenaline pumping through your veins, it can mask the pain of a food delivery accident injury. Once your body has had the time to come off the high of the experience, you may notice an issue.
Not only is this the best way to make sure that you do not suffer any long-term injuries, but it is also often beneficial for your case. You are going to need a medical report when you file your claim.
Make sure that you do follow-up appointments as well. Follow-up appointments are important, as they will help to prove any long-term impact the accident may have had on you.
Say Less
You must try to use your words carefully after you’ve had an accident with a delivery truck driver. Never admit to any type of blame for what happens.
An investigation will be done and the person who is at fault will be determined. You do not need to accuse anybody or take on any form of responsibility at the moment.
Be careful of giving any kind of statements that will even hint at being liable in any way. Also, make no comments about your medical history, and do not try to downplay them in any way. Your doctor will determine the injuries and their extent.
Gather Evidence
Just as with any other case you are going to need to gather as much evidence as you possibly can to prove your case. The more evidence you gather the better it will be for you.
At this point, you should have a lawyer involved. A lawyer can help you gather the necessary information and obtain all the data you need to help build your case.
If there are any witnesses to the accident you need to get their statements. Your lawyer will probably do a better job than you at collecting police reports, medical reports, photographs, traffic camera videos, and witness statements, so allow them to do their job.
Who Should You Sue?
One of the things you may struggle with after you have been in an accident with a food truck delivery driver is who you should sue. Talking to your lawyer about this is a must.
The driver will usually work for a company but they work for these companies on contract. In this case, the food delivery driver is an independent contractor and is responsible for their legal troubles.
If the food delivery driver is not an independent contractor then the lawsuit is likely to be directed at the company that they work for. This will give you a better chance of getting a larger compensation.
Drivers who work as independent contractors with food delivery companies may not have the finance to pay for their injuries.
Your lawyer can do a background check to find out whether or not the driver has been involved in other accidents before you. If they have a track record of dangerous driving then this will prove beneficial for your case.
If the company that a driver works for is a franchise then you may be able to get compensation by suing the franchise.
These types of restaurants often give out contracts to business owners, but in some cases, the franchise can be held liable for your injuries.
Proving liability for a franchise can be a little bit difficult. However, it is not impossible, especially with a qualified attorney. Be prepared for these types of cases to drag on.
However, in some cases, your lawyer may advise you to settle if you are getting a good deal. Just be sure you are comfortable with whatever is being offered to you. You will not have a chance to go back once you sign off on the package you are getting.
Get Legal Help When Hit By a Food Delivery Driver
Getting legal help is one of the best moves you can make in a case like this. Many complications can arise and you want to make sure that you have a strong legal team behind you.
A strong legal team will ensure that you are not taken advantage of when filing insurance claims. Remember, that insurance companies will always try to do whatever they can to avoid liability.
With an experienced lawyer at your side, you will not have to worry about this. If you have been hit by a food delivery driver and need legal help, don’t hesitate to contact us.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Rear Ended in Florida? What You Need to Know
It’s no secret that driving and riding in a vehicle is dangerous. Around two million people are injured every year in a car accident.
No matter how careful you are, you can’t always prevent collisions. Your safety is in the hands of other people.
Experiencing a rear-ended accident is relatively common and unfortunately can do a lot of damage to your vehicle and cause extensive injury. While we hope this doesn’t happen to you, we want you to be prepared for the worst.
Whether you’ve been in a car accident or not, the information below will be valuable. Continue reading for rear-end collision laws and everything you need to know about moving a car accident case forward.
Safety First
The first thing you must do after a rear-ended accident is ensure everyone is safe. Calling 911 is always a good idea even if there aren’t any visible or apparent injuries.
Depending on how severe the accident is, you may not be able to move out of the way of oncoming traffic. However, if you can, it’s important to do so. This will keep you and other parties out of harm’s way.
Exchange Information
There are several causes of rear-end collisions and no matter what happened, it’s important that you exchange information with the person who rear-ended you. Get their name and insurance information.
You should also document as much as you can. Take pictures of the scene, including both vehicles. You should also keep a copy of the police report to share with your insurance company.
After you get elevated by a medical professional, be sure to keep a record of all your appointments, medications, procedures, and any other medical-related information. This will prove to be helpful when it comes time to collect compensation.
Contact Your Insurance
Even if the accident wasn’t your fault, you should contact your insurance company. They will be able to help you navigate the process and advise you on your coverage.
Your agent may send an adjustor to look at the damage to your vehicle and will ask for the information that we previously discussed.
While it’s safe to talk to your insurance company, it’s vital that you don’t talk to anyone from the other company.
While an adjustor may seem to care about your well-being, they will use anything you say against you in court. They will try to discredit you and reduce how much they pay you.
It’s best if you let your agent make contact when the other insurance company.
Hiring a Lawyer
You should also hire an attorney right away. While your insurance agent can be a helpful resource, a lawyer will be more helpful and will be able to inform you of your rights and what steps to take next.
Your attorney will likely ask for the same information as the insurance company and don’t be surprised if they ask you a lot of questions about the rear-ended accident.
A lawyer is going to make the entire process much easier. Having someone on your side and representing you will help ensure you get the compensation you deserve and allow you to heal without stress.
There are thousands of lawyers out there, so be sure to hire one who focuses on personal injury law. You shouldn’t wait too long to contact an attorney, but be sure to spend some time researching the best ones in your area.
No-Fault Benefits
In Florida, everyone is required to have $10,000 of PIP (Personal Injury Protection) insurance. The goal of the no-fault benefits is to give you access to the medical care you need after an accident, no matter who caused the accident.
You don’t have to prove fault to receive compensation from your own insurer. Keep in mind that the amount is based on your current policy.
These benefits can be very helpful in the case of a hit-and-run. If the at-fault driver doesn’t have insurance, it can also be very useful.
Third-Party Benefits
By law, the at-fault party must provide you with the compensation you deserve. You have the right to go outside the no-fault claim and hold the other party responsible for extensive injuries and permanent damage.
You can also claim pain and suffering when you go outside the no-fault system. This can get tricky, so be sure to consult a professional first.
Appeals
The good news about living in Florida is you can make an appeal if you don’t feel as if the insurance company is proving fair compensation.
The opposing company is going to do everything they can to reduce the amount they owe you. This process can be extensive, but it will be worth it once you receive compensation.
Hiring an experienced attorney will also help reduce the chances of having this issue. They will also be able to walk you through the steps if this is the route you need to take.
Rear-Ended Accident
A rear-ended accident is the last thing you want to happen. Unfortunately, it’s out of your control a lot of the time.
Knowing what to do in an emergency makes all the difference. The more you know, the easier and less stressful the situation will be.
The good news is, no matter how extensive the collision is/was, you don’t have to go through it alone. We are here to help and support you.
We have helped hundreds of car accident victims and we are confident we can help you, too. Contact us here to talk to a professional!
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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How to Handle Dental Injuries After a Car Accident
Unfortunately, car accidents are very common. In fact, on average, there is one car accident every six minutes in the United States.
If you’ve been in a car accident and suffered from dental injuries because of it, you’re probably feeling overwhelmed and stressed. That’s normal when someone is involved in a crash and even expected if you have damage to your teeth because of it.
There are many steps to take after a car accident, and you may be confused about what to do first. This guide will lay it out for you, so you don’t have to worry about anything.
Below, you’ll learn about common dental injuries and how to move forward with a personal injury lawsuit.
Common Dental Injuries
There are several types of dental injuries that you can sustain when you’re in a car accident. Some are easy to fix, and others could be permanent or expensive to fix.
Avulsed Tooth
An avulsed tooth is when your entire tooth gets knocked out of your mouth. This includes the crown and the root.
If this happens, it could be very difficult to find it at the scene. However, if you do, it’s vital that you don’t touch the root, the part that’s in your gums. You’ll want to pick it up by the crown and put it in a container with your saliva or whole milk.
You’ll only have a limited amount of time before the tooth dies, so be sure to seek medical attention immediately.
Fractured Teeth
Fractured teeth are not uncommon, especially during a crash. There are several types of fractures, but they are typically all treatable.
Tooth Luxation
If your tooth is loose but still attached, then it’s considered a tooth luxation. This isn’t a major issue, but you should still seek medical attention.
A dentist will put it back into place and check for further damage.
Seek Medical Attention
The first thing you should do after a car accident when you notice your teeth have been affected is to contact a medical professional. The longer you wait, the harder it could be to fix the damage.
A dentist will be able to evaluate the extent of the injury, provide proper care, and potentially reduce the risk of infection and further injury.
Collect Documentation
You should also try to document as much as you can from the accident. This includes photos, a police report, contact information for any witnesses, and the location of the crash.
You should also keep all your medical records, including how much you spent and lost compensation if you were unable to work during the healing process. This information will be vital in the future and could determine how much you receive in compensation.
Contact an Attorney
The next step would be to contact a car accident lawyer who focuses on personal injury lawsuits. They will prove to be beneficial, if not essential.
Navigating the court system can be very challenging on your own, especially if you’re recovering. In order to get the compensation you deserve, everything has to be recorded, submitted, and documented correctly.
If you’re not familiar with the court system, it can be very easy to miss a step or two. An attorney will ensure you get the greatest compensation and will also give you peace of mind as you recover.
Your healing process will go a lot smoother if you don’t have to stress about going to court and fighting for compensation.
File a Claim
Whether you were at fault or not, you’ll need to contact your insurance company. This can be done through your lawyer, which is a great option. They will need the necessary documentation and medical records to ensure you get what you deserve.
Proving Damage
Every car accident is different, which means determining the value of dental damage is different for every situation. Were you wearing a seatbelt? Was there something in your mouth during the accident?
These are relevant questions that you may be asked by your attorney. Whether you answer yes or no, you may still be entitled to compensation, so always answer honestly.
Even if you’re chewing on a piece of ice or eating hard candy during the accident, you were still entitled to compensation, which many people don’t realize. Which is just another reason to hire a professional attorney.
Proving dental damage may not be as difficult as it sounds. One of the most common ways to show what type of damage you sustained is through X-rays.
Depending on the extent of your injuries, your dentist or medical professional will order these for you. From there, you may need a procedure or even oral surgery, which is also fairly easy to prove in court.
The same thing holds true if you need an implant or if your tooth needs to be completely removed because of damage.
Even if the damage seems minimal, it’s important that you schedule an appointment with your dentist. You never know what underlying issues are there or will appear in the future.
Tips for Dental Injuries
Sustaining a dental injury can be very scary and painful. However, you don’t have to navigate the process alone. After an accident, you may be in shock and need support.
Well, we’ve got you covered. We see dental injuries all the time and have the knowledge, resources, and experience to get you the dental injury compensation you deserve.
Don’t hesitate to reach out to us with any concerns or questions. Send us a message or give us a call here.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
Read More