News Archives

by Brandon F. Jones, EsquireFebruary 21, 2024 News0 comments

Who is Responsible for Teen Auto Accidents?

It can feel frustrating, but Florida drivers pay car insurance rates that are 52% higher than the national average. One reason for this is the high rate of accidents. Teen drivers represent a small portion of Florida drivers but a significant portion of the accidents.

For parents of teens, the elevated car insurance rates can feel even more painful as they pay for their teen’s car insurance. The elevated accident rates result in increased insurance rates. In addition to insurance, parents must also take on the increased liability.

Find out what you could be responsible for as the parent of a teen auto accident.

General Parental Liability

Under Florida traffic law for teens, parents are liable for their teen’s negligent and intentional acts. This includes criminal activity. This liability continues until their child reaches the age of 18 when they are legally an adult.

You will need to sign a certification when your teen goes for their permit and license. This certification will include a statement that you certify that your teen can safely operate a vehicle on the road. This means you will have accident liability if they negligently cause an accident.

You are liable for property damages, personal injuries, and wrongful death damages. There is also the dangerous instrumentality doctrine in Florida. It holds the vehicle owner liable for damages when the driver gets into an accident.

Real-World Parental Liability in Teen Accidents

Do not assume that it can’t happen to your teen. A recent well-known case in Florida saw Cameron Herrin receive 24 years in prison for killing a young mom while street racing. He was a senior in high school when his parents gifted him a Mustang GT as a graduation present. Days after graduating high school, he made one decision that changed his life forever.

Another teen was charged with killing six people while traveling at 151 miles per hour. It was found that this teen was posting videos of his actions on social media.

The victim’s family has now filed a wrongful death lawsuit against him and his parents. The parents could find themselves liable and have to pay damages.

Unauthorized Use Liability

Usually, if your vehicle gets stolen, you and your insurance company are not liable for the damages and injuries caused. This is not always true when the person taking your vehicle is your teen.

Your teen has implied permission if they have their license, know where the keys are kept, and have ready access to those keys. Your vehicle is not stolen if they take it without your permission in this situation.

To argue unauthorized use and your lack of liability, you must prove that you expressly told your teen they did not have permission to use your vehicle. For example, you took away their driving privileges as part of a punishment.

Reduce Your Parental Liability

Speak with your teenage drivers about the seriousness of driving and road safety. Remind them that driving is a privilege, not a right. They must meet specific standards and follow the laws to keep the privilege.

Talk about common reasons for accidents, such as distraction or increased stress. Help them find solutions to make driving a safer activity for them.

If you find your teen repeatedly violating the rules, take action. Parents can take away their teen’s driving privileges.

No License Until 18

One option is not allowing your teen to obtain their license until they turn 18. At this point, they are officially an adult, and you are no longer liable. However, this is not practical or efficient.

Buy Additional Insurance

Another option is to purchase additional insurance. This will provide additional protection should your teen get into an auto accident. With plenty of insurance coverage, you reduce the risk of paying out of pocket for damages, injuries, and loss.

Place the Vehicle in Their Name

You can insulate yourself from liability by putting the title and insurance in their name. This creates a layer of separation between your teen and yourself. Should they get into an accident, you are not pulled into liability through the insurance coverage or vehicle owner channels.

However, this approach does not eliminate your liability as your teen’s parent.

Set Firm Rules

Before your teen starts driving, set firm rules. This allows your teen to experience their newfound independence safely.

For example, set rules about wearing their seat belt. Limit how many people can be in the vehicle or how fast they can drive. Set a curfew so they are not out driving late at night.

Teach Them Accident Procedures

Your teen may get into an accident that they did not cause. Unfortunately, they are an easy target to blame because they are a new driver. Teach them what to do after an accident to protect them and yourself.

After ensuring everyone is okay, have them notify the authorities to file a police report. While you can file an accident claim without a police report, it is much easier when you have one. This will help prove your teen’s innocence by having a police officer’s report verifying the facts of the incident.

Speak With an Accident Lawyer

The applicable law can vary significantly because there are so many types of accidents and circumstances. A lawyer can provide valuable insight into you and your teen’s rights and liabilities. When you hire a lawyer, you reduce the pressure by creating a buffer between you, the insurance company, and the other party.

Reduce Your Teen Auto Accident Liability

Letting your teen head out into the world on their own is stressful. Do not create more stress for yourself with a teen auto accident. Talk to your teen about the responsibility of driving and how to reduce their accident risk.

Consider reducing your liability by purchasing additional insurance and setting firm rules. If your teen does get into an accident, the team at RHINO Lawyers is ready to help. We have experience representing clients in a wide variety of car accident cases.

Give yourself peace of mind by hiring the RHINO Lawyers team to represent you in your teen’s accident lawsuit.

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.

by Brandon F. Jones, EsquireFebruary 14, 2024 News0 comments

Can Speeding Diminish Your Car Accident Claim?

Wondering if speeding can reduce your compensation in a personal injury claim? If your speeding contributed to the accident that caused your injuries, yes, it can reduce your compensation or even bar you from filing a claim.

Florida is what’s known as a comparative negligence state. Recently, the state changed from a pure comparative negligence to a modified comparative negligence system.

What do these terms mean, and how can they affect your compensation in a Tampa traffic accident claim? We explore the answers to these questions and more in this post.

Contributory vs. Comparative Negligence Rules

First, contributory and comparative negligence determine when victims can sue for damages after they get into an accident.

Contributory negligence bars victims from recovering personal injury damages if they were partially at fault for the accident. Being even 1% responsible for the accident that caused your injury means you can’t file a claim.

Comparative negligence allows victims to recover damages when they are partially at fault for the accident. There are two kinds of comparative negligence: pure and modified comparative negligence.

Pure vs. Modified Comparative Negligence

Florida formerly used a pure comparative fault system for most negligence cases. Florida changed to modified comparative fault in 2023.

Under Florida’s current rule, damages are reduced by a party’s percentage of fault. If a party is found more than 50% at fault for their own harm, that party generally cannot recover damages. A party found exactly 50% at fault is not barred by this specific rule, although the damages would generally be reduced by 50%.

Florida’s modified comparative fault provision was enacted as part of the 2023 tort-reform law that became law on March 24, 2023.

Modified Comparative Negligence and Compensation

In modified comparative negligence states, the victim’s share of fault is not just important for determining if he or she can file a claim. It also dictates how much compensation the victim is eligible for.

Let’s use an example. Say you are partially to blame for the accident that caused your injuries, and a court or insurance company determines your share of fault is 40%. You file a claim and recover $100,000 in damages.

Because you were 40% at fault for the accident, you don’t get to take home the entire $100,000. The court or insurance company will subtract 40% of the reward, meaning you get $60,000.

How Speeding Impacts Modified Comparative Negligence

Comparative fault rules, whether modified or not, are designed to recognize that accidents are complex legal situations. Multiple factors can lead to an accident, and defendants should not have to pay for the victim’s share of fault.

Speeding is one of these factors. If there is clear evidence that a victim was speeding at the time of the accident, it will count against them. The more over the speed limit the victim was driving, the more their share of fault.

The exact amount of fault that will be assigned for speeding is not determined using a formula. It will depend on factors like the statement the victim gives to police and insurance companies, the evidence of speeding, and your attorney’s skill.

What Is Considered Speeding?

Speeding is not just driving above the speed limit. Failing to use proper caution in poor road conditions can also be used against a victim during a personal injury claim.

Road conditions requiring drivers to drive below the posted speed limit include but are not limited to:

Fog
Extreme glare
Traffic
Rain
Snow

Roads that are not well-maintained, congested with pedestrians or animals, and have debris in the lanes should also be driven on with extreme caution.

Other Factors in Comparative Fault

Speeding is not the only factor that can contribute to a victim’s share of fault. Other elements include but are not limited to:

Not wearing a seatbelt
Driving a vehicle you know is defective
Driving under the influence of drugs or alcohol
Brake checking
Distracted driving
Failing to use reasonable care

Practicing caution while driving can reduce your share of fault and is one of the many ways to maximize personal injury compensation after a Tampa traffic accident.

How to Maximize Your Personal Injury Compensation

Victims of traffic accidents deserve compensation for their physical and mental pain and suffering. They also deserve to recover expenses related to their injury, such as medical bills and lost wages.

Here are our top tips for getting the compensation you deserve after an accident that was mostly someone else’s fault.

File a Police Report

A crucial piece of evidence in a car accident case is the police report. Insurance companies use it to help determine fault. It can also be used in court if you decide to sue the negligent driver.

Without calling the police and getting an accident report, it will be more difficult to prove your account of the event.

Collect Evidence at the Scene

If your injuries are severe, skip this step and go straight to the hospital. The police are responsible for gathering evidence in your stead.

However, collecting your own evidence can greatly benefit your case. When possible, collect witness statements and take photos of your and the other driver’s vehicles to add credibility to your account.

Get Medical Attention

Injuries are expensive. That’s why medical expenses are one of the largest aspects of a personal injury compensation package. If you don’t seek attention for your injuries, your award will be significantly less.

Moreover, a court or insurer may not believe that your injuries are serious enough to deserve compensation if you fail to get medical attention.

Never Admit Fault

When speaking to police or the other driver’s insurance company, never admit fault. In fact, you should really avoid speaking to insurers at all without consulting with a lawyer.

Without legal advice, the insurance company can twist your words. This is true even if it’s your insurance provider.

Call After a Tampa Traffic Accident

Speeding can diminish the compensation you’re eligible for in a car accident claim. That’s because Florida is a modified comparative negligence state, where your personal injury award is reduced based on your share of fault.

If fault is disputed after a Florida traffic accident, the percentage assigned to each party can directly affect whether damages may be recovered and the amount of the recovery. The attorneys at RHINO Lawyers have multiple years of experience winning our clients maximum compensation for Tampa traffic accidents.

Schedule a free consultation to get started.

CONTACT A TAMPA AUTO ACCIDENT ATTORNEY

by Brandon F. Jones, EsquireFebruary 7, 2024 News0 comments

5 Ways to Sabotage Your Auto Injury Claim

Picture this: after a Florida car accident where you were clearly not at fault, you’re waiting for the settlement money to roll in after your claim. You know the average settlement can be anywhere from $5,000-$60,000, and you need every last cent of it for your medical expenses.

All of a sudden, you get the news: no payout is coming. All that crucial cash has slipped from your hands. What happened?

Florida drivers don’t always realize that a single mistake can mean the difference between fair compensation and no compensation at all. Unfortunately, a few common errors can sabotage your auto injury claim and make it hard or even impossible for you to get the settlement you deserve.

If you’re currently dealing with a car accident claim, here are a few ways you might sabotage your case if you aren’t careful:

1. Saying the Wrong Thing at the Scene

This is an easy mistake to make, especially while emotions are running high at the scene of an accident.

In a state of shock or out of concern for the other driver, you may apologize for any perceived role in the accident, whether or not you were actually to blame. You may mention that you missed a small detail, were driving while stressed, or stopped too slowly. Common phrases include:

I’m sorry
I didn’t see you there
I didn’t notice the sign
I’m not sure if the light was red or green
My bad
I may have been going a little too fast

As any lawyer will tell you, these polite statements can be used against you and sabotage your auto injury claim. Even if it’s clear that you weren’t fully at fault, you may struggle to win any compensation if the other party can claim you played a role in the accident, no matter how small. Don’t say phrases like these at all, whether to the other driver or the police officer on the scene.

Another common mistake is talking about any injuries or the lack thereof. Even if you feel fine, shock and adrenaline can numb your sensation. Never claim that you’re unhurt: it may not be true, and it can make your case more difficult to prove down the line.

2. Wait Too Long to File

Depending on your insurance policy, your insurer will likely recommend filing a claim within 24 hours of the accident.

For most Florida car-accident negligence lawsuits arising from crashes on or after March 24, 2023, the filing deadline is generally two years from the crash. Claims arising from earlier crashes may be subject to the former four-year negligence period. Property-damage claims and other types of claims can have different deadlines, so do not assume the same deadline applies to every part of an accident case.

Waiting too long to make a claim or file a lawsuit means missing your chance at compensation.

This is true even if you wait a short time. Don’t forget: you’ll need crucial evidence like photos, medical records, witness statements, and pay stubs when filing your claim. The longer you delay your case, the more likely you are to have a hard time finding this evidence.

Hiring an auto accident lawyer right away gives you the best chance at compensation.

3. Ignore Medical Advice

The second you file an auto injury claim, you’ll want to head to a doctor for a full examination. Even if you think your injuries were minor, this documentation can become crucial to your case. Failing to seek immediate medical attention is always a mistake in itself.

After the exam, your doctor will have specific advice on handling your injuries. This often includes things like avoiding strenuous exercise, attending follow-up appointments, or seeking physical therapy.

Ignore this advice at your own peril! Not only can doing so put your health at risk, but it can also make it harder to get fair compensation. If your insurance provider can claim that you worsened your own injuries by ignoring medical advice, it may become difficult or impossible to disprove their claim.

4. Posting Online

While your personal injury case is pending, be careful about what you post on social media or anywhere online. The wrong post could give the other driver’s legal team all the ammunition they need.

Even innocuous posts can cause trouble and sabotage your auto injury claim. If you’ve been injured, for example, posts that reference having fun at a party or on vacation can be used against you, even if you were still injured and in pain during that event. Anything that can call the fact or severity of your injuries into doubt can become a problem.

Keep in mind that the same holds true for your friends and family members. Make sure no one is tagging you or mentioning you in their social media posts while your case is active.

5. Letting Your Insurer Record You

While you’re working with your insurance company, it’s likely that your agent will ask to record your version of events. They may claim that this helps document your side of the story.

There is never a good reason to allow them to record you. No matter how friendly the agent is, they are not on your side: their goal is to reduce how much their company has to pay you. This is why we recommend negotiating everything with them, including payouts for property damage alone.

If your insurance company insists on recording your statement, tell them that the statement will have to go through your lawyer. They will either need to communicate with you via your attorney or let you have your attorney on the line while you give your statement.

Avoid Florida Car Accident Mistakes With Us

During and after a Florida car accident, it can be hard to keep track of the moving parts of your claim. Emotions run high, you may be in pain or discomfort, and the stress of missed work or your injuries can take a serious toll on you. Despite this, it’s crucial to avoid common mistakes that could cost you thousands in compensation.

That’s where the experienced team at RHINO Lawyers comes in. We take the stress and guesswork out of your car accident claim, allowing you to get your life back in order and focus on your recovery.

Let us put our legal knowledge to work for you. Contact us online or call 844.RHINO.77 for a free case analysis.

CONTACT A TAMPA AUTO ACCIDENT ATTORNEY

by Brandon F. Jones, EsquireJanuary 31, 2024 News0 comments

What Evidence Is Needed to Convict a Hit-And-Run in Florida?

In 2021 alone, there were close to 200,000 non-fatal hit-and-runs, up 21% from the 159,000 in 2012.

Getting justice for a hit-and-run starts at the scene of the accident. Because the at-fault driver decided to flee, the crime becomes more serious, but the burden of proof is more difficult to obtain. There’s nothing more important than evidence when prosecuting a hit-and-run.

In today’s post, we will guide you through handling a hit-and-run in Florida. Specifically, we’ll tell you what evidence you need to bring to the table to ensure a positive outcome.

After a serious accident, the most important thing is to look after your health and then account for the property damage. The next thing is to see to it that the driver who fled the scene is subject to penalty under Florida laws.

With an understanding of how the process should work and a good legal team, proving liability can be easy. Don’t let this heinous crime go unpunished. Keep reading and learn more about hit-and-run evidence.

What Is a Hit-and-Run in Florida?

According to Florida laws, a hit-and-run is defined as any accident where the at-fault party leaves the scene. Under normal circumstances, all parties are to remain at the scene of the accident until the authorities allow them to leave.

When injuries are involved, they are always the first priority. Regardless of the at-fault driver’s injury status, however, they must speak to the police after the accident. Fleeing turns a potentially small civil case into a much larger criminal one.

The Penalty for a Hit-and-Run

Hit-and-run penalties depend on the severity of the accident. For example, leaving the scene of an accident where the primary concern is property damage results in a 2nd-degree misdemeanor. The driver will be subject to up to 60 days in jail and a $500 fine.

When injuries are involved, it becomes a 2nd- or 3rd-degree felony. This comes with a revoked license and up to 5 years in prison with a $5,000 fine. If a fatality occurs, the driver gets a minimum of four years in jail but up to 30 years with a $10,000 fine.

What Evidence Do You Need to Prove a Hit-and-Run?

Being the victim of a hit-and-run conjures every emotion in the book. A prominent one is the desire to seek justice. The police may find the driver, but proving liability will depend on what evidence you and your lawyer bring to the table.

Photo and Video Evidence

Any photo or video evidence you can provide will bolster your case. Many people use dash cams, which will not only capture video of the accident and the person fleeing but can also capture their license plate. There are countless examples of this helping police catch a suspect.

Having such hard evidence will make it extremely easy to prove your version of events. If there are any witnesses to the accident, check to see if they’ve got dashcam footage. Following that, an experienced lawyer could also obtain traffic camera footage to support your case.

Witness Testimony

When there are witnesses to the hit-and-run, your life is going to be a lot easier. Being able to draw from eyewitness testimony to prove unequivocally what happened – who the defendant is, that they caused the accident, and that they opted to flee in the aftermath.

Oftentimes, however, people decide to flee because there are no obvious witnesses to the accident. That is when you will have to rely on first responder testimony and physical evidence.

First Responder Testimony

First responders, whether it is the fire department, EMTs, or police, are essential in the immediate aftermath of any accident. When you are dealing with a hit-and-run, however, first responder testimony can go a long way in proving your side of the story.

For example, an EMT will be able to effectively act as an expert witness to tell the court if your injuries are consistent with those caused by a car accident. Police testimony comes in handy if they’re able to find and detain the driver who fled the scene.

Skidmarks and Paint Scuffs

When it comes to physical evidence, you are going to be looking at the damage to your vehicle and any skid marks at the scene of the accident. Pictures of the scene of the accident can go a long way in determining what likely happened.

The other kind of physical evidence will be on the fleeing driver’s car. If the police can track down the other driver before long, they can see whether or not there’s any damage consistent with the accident. Time is of the essence in this scenario.

Medical Records and Lost Wages

Proving the defendant’s liability is one aspect of dealing with a hit-and-run. Once you’ve done that, you will need to prove how the accident has impacted your life and livelihood.

One of the reasons it is so crucial to get checked out by a doctor after an accident, regardless of whether you feel injured, is to prove your injuries in court. Showing your medical bills and having a doctor’s testimony will ensure you are properly compensated.

Another thing to showcase is your missed wages due to the recovery. Your employer should be able to clearly show that the injury has made it impossible to work and the lost wages therein. Any damage caused to your car should be factored in, as well as the mental anguish the accident has caused you.

Why You Need an Auto Injury Attorney’s Help

By presenting as much clear evidence as possible, you can ensure a better outcome after a hit-and-run in Florida. If you plan on seeking justice against someone who caused an accident and fled, you are going to need good legal counsel.

A good personal injury lawyer will leave no stone unturned in their quest to find the necessary evidence to prove your case. RHINO Lawyers is Tampa’s premier legal team for handling car and motorcycle accidents. Don’t hesitate to reach out today to book a consultation and put the trauma of this hit-and-run accident behind you.

CONTACT A TAMPA AUTO ACCIDENT ATTORNEY

by Brandon F. Jones, EsquireJanuary 24, 2024 News0 comments

Improper Signage Caused My Accident. What to Do?

It’s estimated that over 300,000 accidents have occurred in Florida this year alone. Now typically, they assign the cause of a car accident to a negligent driver. However, some car accident cases can be a little more complicated.

For example, who is to blame when improper signage causes your accident? And can you seek compensation for damages related to these types of accidents?

Accidents relating to road maintenance can be a sticky business legally. That’s why we made this guide to answer some of the common questions clients ask about these types of accidents. That way you can figure out the best course of action for your specific case.

What Are Some of the Types of Improper Signage?

Many types of improper road signage can lead to serious car accidents. Perhaps the most common is traffic signs that are either missing or stolen. Here in Florida, hurricane-level winds can cause stop or yield signs to fly away (especially if they’re on the older side).

Teenagers and intoxicated individuals are also prone to steal traffic signs for trophies. However, it’s important to note that these aren’t the only types of improper signage that can lead to accidents.

Sometimes an accident is caused by improper signage design, meaning there should have been a traffic sign at a location, but there wasn’t one. Other times, things like an overgrown tree can obscure a traffic sign from a driver’s vision.

During road construction, proper signs need to be in place that protect both workers and drivers from accidents. Improper signage is dangerous because it can lead to serious accidents even when someone is driving perfectly fine.

Who Needs to Maintain Roads?

It’s the responsibility of the Department of Transportation in a state or county to maintain all of the traffic signs in an area. However, these departments typically turn toward private contractors to carry out this maintenance.

The issue gets even more complicated with stolen signs. In these situations, the person who stole the sign is responsible for your accident. Unfortunately, finding these individuals can be difficult, if not impossible.

Regardless of whether a DOT or a private company is responsible for the road signage accident, you deserve compensation. After all, taxpayer dollars are responsible for maintaining the roads.

As such, you deserve for them to be safe. Unfortunately, as we’ll see, proving auto negligence with the Department of Transportation is a lot different than a traditional car accident. You will require a trained professional to assist you.

What Should You Do Following an Improper Signage Accident?

The first thing you need to do following a signage accident is make sure you’re okay. Get any injuries and property damage documented. You’ll also need an accident report. Do your best to point out to the officer filling out the report how improper signage may have been a factor.

Then, you need to find out who is responsible. The fastest way to do this is by contacting the FDOT Office of Maintenance. Inform them of where the sign is missing and what occurred at the location.

The Department of Transportation is responsible for missing, damaged, or neglected road signs. However, they’re also allowed a reasonable amount of time to replace said sign once it’s brought to their attention.

That being said, if the DOT is aware of a missing sign, and still doesn’t do anything, then you have grounds for a lawsuit against the government. However, as we’ll see, this can be a challenge.

Why Can Proving Liability Be a Challenge?

Sovereign immunity typically protects the Florida government from civil lawsuits. That being said, if an auto accident was caused because of the failures of a private company or a government agency, there are exceptions to this rule.

You can begin a formal filing procedure by giving the government or responsible party a Notice of Claim. However, you will require a lot of evidence for these proceedings, which can make proving liability a challenge.

First, you have to prove that improper signage was the cause of your accident. You also need to prove that the municipality was negligent in their upkeep of the improper signage.

The good news is that a car accident lawyer can help you decide whether or not suing the government is the right course of action for your specific case.

How an Auto Accident Lawyer Can Help You

Dealing with improper road signage accidents requires a lot of evidence. Not only do you need photographs of the area and accident reconstructions, but you also need to prove that the government agency or private company knew about the sign in question and didn’t do anything.

Attempting this on your own can be next to impossible. That’s why it’s vital to contact a Tampa car accident attorney.

These professionals can help you navigate the complicated process that’s required for these accidents. They can also assist you in gathering enough evidence to hold whatever party is responsible for the accident.

Need Help With a Road Signage Accident?

We hope this guide helped you learn what to do after you’ve been involved in an accident due to improper road signage. As you can see, getting compensation for these types of accidents requires a bold legal presence that’s familiar with all the nuances of Florida auto law.

Here at RHINO Lawyers, we combine extensive auto case experience with a personalized approach to our clients. That’s why we encourage you to schedule a free case review today so we can help you get the compensation that you deserve.

CONTACT A TAMPA AUTO ACCIDENT ATTORNEY

by Brandon F. Jones, EsquireJanuary 17, 2024 News0 comments

Can Post-Accident Trauma Affect Your Mental Health?

Car accidents are traumatic events that can cause as much emotional distress as physical distress.

If you’re one of the two million Americans who are injured in a car accident each year, then you know that the mental trauma is significant. Whether you suffer major or minor injuries, the event itself can completely dismantle your sense of well-being, sometimes for long periods.

Many people who suffer PTSD from a car accident never fully get back to being themselves. In today’s post, we’re going to examine the ways that post-accident trauma can affect your mental health, what you can do about it, and how a successful injury claim can help.

There’s no denying that car accidents can be life-changing. Keep reading and you’ll see that you’re not alone in this trauma and there are ways to navigate through it.

Car Accident Injuries Aren’t Just Physical

Car accident injuries can be physically devastating, but for many, that’s just the beginning of the suffering. Long after your body has recovered, there’s still the emotional toll that you have to deal with. There aren’t any safety measures in your vehicle to protect your mind.

According to Veterans Affairs, nine percent of people who are in car accidents develop post-accident trauma like PTSD. When you’re talking about two million injuries per year, that’s 200,000 people suffering from this type of emotional distress.

Examining PTSD From a Car Accident

It should be noted that PTSD affects everyone differently. For many, it means a complete disruption of your life, making it difficult to go to work, relate to friends and family, or get out of bed. The trauma may be short-lived, but it can also last years, and even crop up later in life.

Some of the symptoms of car accident PTSD include having involuntary memories about the accident itself. These memories might be triggered when you’re on the road or they can come on without explanation.

Occasionally, these “flashbacks” can result in blackouts. As a result, PTSD victims often avoid doing anything that reminds them of the accident.

That means no driving, no riding as a passenger, and sometimes not even being around a car. In a world where most people need to drive every day to get to work, drop the kids off, and get groceries, it’s easy to see how untenable these symptoms can be.

PTSD sufferers often have debilitating nightmares that can lead to a lack of sleep, which can spur more psychological distress. The result is that the person will start to withdraw from their life, develop anxiety and depression, have mood swings, and consider self-harming.

Coping With and Treating Post-Accident PTSD

The symptoms mentioned above won’t necessarily come on strong or all at once. As we said, symptoms can show up months down the road, long after you’ve recovered physically.

It’s important to make note of when you start feeling any symptoms and seek help if you can’t cope with them. When you allow your mental health to deteriorate, it’ll start to affect your relationships, employment, and daily life.

A mental health counselor is the best person to talk to if you think you might be suffering from PTSD. They’ll be able to get to the root of your mental trauma and help you come up with ways to handle it.

You may end up with a prescription for antidepressants or anti-anxiety medications if your condition is severe. They may also recommend different types of therapy, such as prolonged exposure, cognitive procession, or EMDR.

For more manageable cases, your counselor may recommend activities like meditation, yoga, and controlled breathing. These all work to foster calmer mental states that allow you to better compartmentalize your symptoms.

The Role of PTSD in Your Injury Claim

What makes car accidents so difficult is that you have to start dealing with the aftermath right away. The first step is to ensure your physical health isn’t compromised. Once you’ve seen a doctor, you move on to dealing with insurance companies and starting your injury claim.

Every car accident case is different. If you were the victim of someone else’s negligence, seeking compensation for your injuries is a must. You shouldn’t have to cover your medical bills, lost wages, or damaged property when it wasn’t your fault.

Most car accident cases are fairly cut and dry. You can prove medical bills, lost wages, and property damage. Because the emotional distress of the accident isn’t always obvious, it’s harder to quantify.

That’s not to say that you can’t put in a claim for your non-economic damages, however. Your injury claim can include things like pain and suffering, mental trauma, and loss of enjoyment of life.

Claiming these things and proving them are two different matters. You’ll need a good lawyer to help you maximize your claim so you can pay for things like therapy and medication, which aren’t cheap.

How Your Lawyer Can Help

If you’re going to receive appropriate compensation for all of your suffering – physical and mental – you’ll need to prove the impact the accident has had on your psychological health. This might include simple things, like therapy and medication bills.

It might include more complicated things, like eyewitness accounts of your behavior and expert witnesses. Working with an insurance company to receive a settlement can be triggering in itself, which is why hiring a lawyer is so important.

Your lawyer will be able to collect evidence on your behalf. Should your case go to trial, they’ll be able to present the evidence in a clear manner that clearly shows what you’ve been going through mentally.

Don’t Deal With Post-Accident Trauma On Your Own

When you have post-accident trauma from a car accident in Tampa, it’s not something that goes away with the snap of your fingers. It’s an issue you’ll be dealing with for months if not years. Dealing with PTSD may require consistent therapy and medication, which will cost money.

If you’re going to receive compensation for your pain and suffering, you need a lawyer who can bolster your claim. Contact us today to book a consultation and start to put your case behind you so you can start to improve your mental health.

CONTACT A TAMPA AUTO ACCIDENT ATTORNEY

by Brandon F. Jones, EsquireJanuary 10, 2024 News0 comments

How Joggers Can Avoid Being Hit by a Car

It’s estimated that at least 70,000 pedestrians are hit by cars every year, which includes joggers.

It would help if you had your wits about you when you’re jogging or else you’ll end up part of the statistics. A car won’t necessarily kill you if you’re hit while running, but you’re far more likely to experience a severe injury. You can’t trust that a driver is going to see you, let alone do what they can to avoid you, so you need to take matters into your own hands.

In today’s post, we’re going to discuss running safety and give you a few tips on how you can be a better defensive runner. Joggers have as much right to the road as drivers do, but you need to be extra careful. Keep reading and we’ll make sure you’re doing everything you can to prevent a pedestrian accident at your expense.

Have Your Wits About You

Defensive running is all about having your wits about you. The less you’re paying attention to your surroundings, the more likely it is that you’ll end up in an accident. When you’re running, you’re moving faster and have a shorter time to react to objects moving toward you, like cars.

That’s why it’s best to exercise extreme caution at all times, especially in areas where visibility might be low for drivers. A healthy portion of accidents involving joggers are because the driver just couldn’t see them.

If you’re running at night, stay on the sidewalk and stop at all crosswalks. You should stop at crosswalks and stop signs regardless of the time of day. If you’re running on a residential street, pay attention to the driveways to ensure a car won’t back out and into you.

Use Designated Running Paths

In reality, the best thing you can do as a jogger is to take designated running paths instead of busy streets. Many states have laws that prevent people from running on the street to protect both pedestrians and drivers.

Florida is no different. Sidewalk use is mandatory and if there are no sidewalks, you must stay as close to the shoulder as possible. Not many joggers are going to be pulled over for this, but if you decide to cross the road into traffic, it’s illegal.

Understand Traffic Laws and Signals

So, understanding the laws is an essential part of any running routine. If you know the traffic laws, what all the signs mean, and the signals you should be using, that’s a great start. It’s not enough to rely on the fact that you’re following the rules though, you still need to be wary of what drivers are doing.

The most important thing is to think of yourself as a vehicle. Just as drivers have to stop at stop signs and lights, yield in traffic circles, and signal when they’re changing lanes or turning, joggers need to stop at stop signs and use hand signals when possible.

You may recognize hand signals if you’ve ridden a bike before. They help let drivers know what you’re thinking while you’re on the road. You can find a short video describing them on Runner’s World.

Wear the Right Gear

What you wear while you’re running makes a massive difference in how well drivers can see you. If you run early in the morning or the evenings, it’s important to wear reflective clothing or, at the very least, bright clothing.

If you don’t have anything, you can always pick up a high-vis vest to wear over your running clothes. Many runners also utilize wearable lights that make it extremely easy to be seen in the dark.

A lot of runners choose to listen to music or podcasts while they work out. While this is fine on a running path, it’s not advisable when cars are in the mix because you won’t be able to hear their horns in an emergency. One solution is to use bone-conduction headphones that don’t go in your ears.

Run Toward the Traffic

When you’re on a bike on the road, it’s safer for everyone if you ride with the traffic. That’s not necessarily the case for runners, who benefit more from seeing what’s coming at them.

Try to always run with the traffic coming at you, then you’ll have time to take evasive action when necessary. For example, when a car is turning. Joggers aren’t legally obliged to do this, but many states do recommend this tactic.

Where to Run and Who to Do It With

The better you know your running route, the safer you’ll be each time you go for a jog. When you’re trying new streets and paths, you won’t have a feel for how the traffic flows, which can put you in harm’s way if you make a wrong turn.

If you’re trying a new route, make sure that you tell a friend or loved one where you’ll be. In the event something happens, you must be easy to find. Of course, you should always have your phone on you.

Lastly, to make your jogs as safe as can be, it’s always best to run in a group or with a buddy. When several people are running on the side of the road, it’s a lot easier for drivers to see and avoid than a single runner.

Take Running Safety to Heart

If you take running safety seriously, there’s a good chance you’ll never have any harmful encounters with vehicles. That being said, accidents can happen when you least expect them, even when you’re doing everything right. If you’re hit by a car while running, it puts your life at risk.

Whether you’re injured or not, you need to get yourself checked out by a medical professional. Plus, you need a lawyer. It may not have been the driver’s intention to hit you. But there are consequences for hitting a runner who was consciously being as safe as possible.

To get legal counsel after being hit by a car in Florida, contact us at RHINO Lawyers ASAP.

CONTACT A TAMPA AUTO ACCIDENT ATTORNEY

by Brandon F. Jones, EsquireJanuary 3, 2024 News0 comments

How Long Does It Take To Recover Lost Wages After an Accident?

Millions of Americans are injured in accidents every year, with approximately 3 million of these accidents being caused by car crashes alone. In the unfortunate event that you’re involved in an accident and suffer injuries, one of your primary concerns might be recovering the wages you’ve lost due to your inability to work during your recovery.

In this article, we’ll explore the process of recovering lost wages after an accident. Plus, answer the crucial question: How long does it take to get back on your feet financially? Let’s get started.

The Basics of Lost Wage Recovery

Recovering lost income after an accident typically involves a combination of insurance claims, legal procedures, and proactive steps on your part. The timeline for this process can vary significantly based on several factors, including:

The nature and severity of your injuries
Type of accident
The insurance companies involved

To simplify the concept, let’s consider a general outline of the steps involved in the process.

Seek Immediate Medical Attention

After an accident, your health should be your top priority. It’s important that you seek medical treatment promptly, as this will not only ensure your well-being but also create a medical record of your injuries.

Report the Accident

Next, you should inform the relevant authorities or parties about the accident. In the case of a car accident, for example, this might involve reporting the incident to the police and your insurance company.

You should also inform your employer about your injuries and inability to work. This is crucial for transparency and might be necessary for certain benefits, such as workers’ compensation.

During this time, it’s also beneficial to gather evidence related to the accident, including photographs, witness statements, and any documentation that can support your claim.

Consult with an Attorney

If your accident involves complex liability issues, serious injuries, or disputes with insurance companies, it’s advisable to consult with a personal injury attorney. Our team here at RHINO Lawyers can help navigate the legal aspects of your case.

Depending on the type of accident, you may need to file a claim with your insurance company or the at-fault party’s insurance provider. Our experienced attorneys can help to ensure you complete this step correctly.

During this period, it’s also necessary to keep thorough records of the income you’ve lost due to your injuries. This may include pay stubs, tax returns, and statements from your employer.

Negotiate a Settlement

Your attorney will work on your behalf to negotiate a settlement with the insurance company or at-fault party. This settlement will ideally cover your medical expenses, property damage, and lost wages.

Once an agreement is reached, you’ll proceed to resolve your case, which may involve signing a release of liability. At this stage, the timing of your wage recovery becomes more predictable.

Factors Influencing the Timeline

It’s important to note that the time it takes to recover lost wages after an accident is influenced by various factors. Here, we’ll take a closer look at these elements.

Severity of Injuries

The seriousness of your injuries has a direct impact on the time it takes to get back to work. Minor injuries often lead to a shorter recovery period and a quicker return to work. On the other hand, severe injuries, such as fractures or head trauma, may extend the time away from your job.

Insurance Company Cooperation

The efficiency and willingness of the insurance companies involved play a significant role. If the insurers are cooperative and quick to process claims, you are more likely to speed up the recovery process.

However, disputes and lengthy investigations by uncooperative insurers can slow it down. This is one of the reasons it is so important to have an experienced attorney in your corner.

Legal Proceedings

If your case escalates to the point of legal action, such as a personal injury lawsuit, the timeline for recovering lost wages can be extended. Legal proceedings involve multiple stages, including filing the lawsuit, discovery (the exchange of evidence between both parties), negotiations, and, if necessary, a trial. Each of these stages takes time.

Additionally, court dockets can be congested, leading to delays in scheduling trial dates. This legal process can significantly prolong the time it takes to recover lost wages, especially in cases with complex liability issues.

Delays and Disputes

Delays and disputes can arise at various stages of the claims process. Disagreements over liability (who is at fault), disputes concerning the amount of compensation, or difficulties gathering evidence can all slow down the process.

For instance, if the at-fault party disputes their responsibility in a car accident. It may take time to establish fault, which can delay the settlement. Similarly, disagreements on the value of the claim, such as medical expenses and lost wages, may lead to negotiations that extend the timeline.

Communication with Healthcare Providers

Open and clear communication with your healthcare providers can also influence the timeline for wage recovery. It’s essential to discuss your injuries and treatment options with your doctors.

Additionally, keeping them informed about your work requirements and the importance of returning to work promptly can help shape their treatment plans.

Effective communication between you and your healthcare team can ensure that your recovery aligns with your work goals. As well as potentially minimize the time it takes to regain lost wages.

How Long Does It Take To Recover Lost Wages?

The bottom line is that the exact time it takes to recover lost wages after an accident is subject to a wide range of factors. These factors include the severity of injuries, the cooperation of insurance companies, legal proceedings, delays and disputes, and effective communication with healthcare providers. Every accident is unique, and the interplay of these elements makes each case distinct in terms of timeline.

If you find yourself in a situation where you need guidance and support for your personal injury case in Florida, RHINO Lawyers stands as the leading choice of personal injury lawyers. We have the skills and experience to navigate the complexities of your case and work toward expediting your wage recovery.

Contact our team today to learn more. We look forward to speaking with you.

CONTACT A TAMPA AUTO ACCIDENT ATTORNEY

by Brandon F. Jones, EsquireDecember 27, 2023 News0 comments

What to Do if a Car Accident Causes a Permanent Disability

Did you know that about 27% of the adult population in the United States has a disability? Of these individuals, nearly 13% have cognition issues. Another 12% have mobility issues. Some of those people have become permanently disabled after an accident on the road. After all, as many as six million motor vehicle accidents occur in the U.S. yearly. If you now have a permanent disability after a car accident yourself, you may be able to get compensation. However, you must first take steps to recover damages.

To that end, we created this guide on filing a permanent injury claim for a car accident. Read on to discover what you must do to get the compensation you deserve.

File a First-Party Insurance Claim

Some states, including Florida, require all motorists to carry personal injury protection (PIP). It’s also known as no-fault insurance.

PIP coverage helps pay 80% of the policyholder’s crash-related medical costs. This must kick in regardless of who caused or was at fault for the incident.

The above means you must first file a claim with your PIP provider to receive medical benefits. For your claim to be valid, you must have had initial care within 14 days of the incident.

Support Your permanent disability Claim With Medical Documentation

To receive PIP benefits, you must support your claim with medical evidence. This includes doctors’ diagnoses, treatment records, and professional outlook. Please keep and organize all these documents, as you’ll need them when you file a lawsuit.

As a crash victim, you can still file a lawsuit against at-fault parties, even in a no-fault state like Florida. You can do so if the cost of your treatment exceeds your PIP’s limits. Likewise, you can sue if your injuries meet the definition of a permanent disability.

Under Florida statutes, permanent disabilities result from significant and permanent bodily function loss. They can also be due to scarring, disfigurement, or permanent injury.

But just like with PIP, you must have medical evidence that warrants filing a lawsuit. For this reason, you must obtain confirmation from your doctors about your disability. They must explain in writing not only their diagnosis but also their prognosis.

Prognosis refers to a doctor’s judgment of a condition’s likely or expected development. It also states the potential future health situation of a patient.

Suppose a doctor diagnoses a crash victim with moderate traumatic brain injury (TBI).

Moderate TBIs can lead to lifelong physical, cognitive, behavioral, and emotional impacts. They can even be fatal in some cases.

In that case, the prognosis could be that the patient’s TBI may affect their cognition. This could affect how they work and their chances of gainful employment. It could also affect their ability to enjoy life.

Hire an Auto Accident Lawyer

Filing a compensation claim or suing outside of PIP would require you to prove fault. This means you must establish the negligence of the other driver. You must also show that your permanent disability resulted from their doing.

Those tasks are complex enough for an average person but more so for someone with a disability. Fortunately, you don’t have to do them yourself; you can rely on an auto accident lawyer.

Here’s what an experienced lawyer can do to help you get your deserved compensation.

Assess the Worth of Your Case

The worth of your permanent injury case should cover past and future expenses. These include (but are not limited to) the following economic damages:

All previous and expected future hospital bills due to the disability
Long-term over-the-counter and prescription medication costs
Compensation for rehabilitation and physical therapy
Coverage for long-term specialty or in-home care
Expenses related to making home and vehicle modifications to accommodate the disability
Coverage for reduced or lost earnings due to the disabling injury

A car accident attorney will also factor in past and future non-economic damages. These non-financial damages are more difficult to assign a monetary value to. They may include coverage for the following things your permanent disability may cause:

Pain, suffering, and inconvenience
Emotional distress
Reduced quality of life

Your lawyer may also account for punitive damages depending on your accident’s circumstances. While a jury may award these to you, they’re more of a punishment for the defendant. Courts typically award them when they find a defendant’s behavior egregious.

An example of egregious behavior is driving while severely intoxicated. Another is reckless driving.

Gather Evidence Supporting Your permanent disability Claim

Once you hire a car accident lawyer, they’ll gather evidence to build your claim or lawsuit. They’ll use these documents to help establish the other party’s (or parties’) negligence.

To build a strong claim or lawsuit, your lawyer may perform the following:

Investigate the crash site to find more physical evidence
Acquire medical records and police reports
Reach out to potential witnesses and obtain their testimonies
Gather video records from surveillance, traffic, and dash cameras
Check the driving and legal history of the other parties involved

Your attorney will likely also work with accident reconstruction experts. Together, they’ll reconstruct the car accident to investigate and analyze it better. This allows them to make educated conclusions about its causes, events, and consequences.

Represent You

Your auto accident lawyer will represent you throughout the entire case. They’ll take over all correspondence and communication on your behalf.

For example, your legal team will speak with all the other parties involved. They’ll also negotiate with insurance companies and protect you from low-ball offers.

If your side and the other parties fail to settle, your lawyer can proceed to file a lawsuit. They’ll represent and fight for you and your rights in court.

Protect Your Rights as a Permanently Disabled Crash Victim

Getting permanently disabled can result in long-term physical and mental suffering. However, it’s far worse if the disability resulted from someone else’s negligence.

So, if that has happened to you or a loved one, please know that it’s your every right to seek compensation.

Our team of highly experienced car accident attorneys here at RHINO Lawyers can help. We’re available 24/7, so please don’t hesitate to contact us now. We can provide you with a free consultation regarding your permanent disability case.

CONTACT A TAMPA AUTO ACCIDENT ATTORNEY

by Brandon F. Jones, EsquireDecember 20, 2023 News0 comments

Can I Sue an Uninsured Driver in Tampa?

You’re cruising down the bustling streets of Tampa, enjoying the sunshine, when suddenly, an uninsured driver crashes into your car. Now, your peaceful drive turns into a legal maze. This leaves you with one question: can you sue uninsured drivers?

Well, suing an uninsured driver for damages requires you to be informed and prepared so that you can properly safeguard your rights and secure the compensation you deserve. So, let’s navigate the legal landscape of Tampa to answer this question.

The Problem of Uninsured Drivers in Tampa

Uninsured drivers are not a rare breed in Florida. In fact, according to recent estimates, Florida consistently ranks among the states with the highest rates of uninsured drivers in the United States.

Shockingly, the Insurance Research Council reported that nearly 20% of Florida drivers were uninsured in 2019. While precise data for Tampa might differ, the city is undeniably impacted by this statewide issue.

The Florida Highway Safety and Motor Vehicles Department has documented numerous incidents involving uninsured drivers in the Tampa Bay area.

Risks and Challenges Associated With Uninsured Motorists

The presence of uninsured drivers on Tampa’s roads poses significant risks and challenges. One of the most pressing concerns is limited compensation. Because, when an uninsured driver is involved in an accident, it can lead to a financial quagmire for everyone involved.

Unfortunately, without insurance coverage, it’s often challenging for victims to recover their losses, including medical expenses, property damage, and lost wages.

This can leave innocent parties struggling to put their lives back together after an accident caused by an uninsured driver.

Florida’s Insurance Requirements

In the state of Florida, every driver must carry a minimum amount of auto insurance coverage to legally operate a vehicle. The basic insurance requirements in Florida are as follows.

Personal Injury Protection (PIP)

First, Florida is a no-fault insurance state, which means that Personal Injury Protection (PIP) coverage is mandatory.

PIP covers medical expenses and, in some cases, lost wages for you and your passengers, regardless of who was at fault in the accident. And, the minimum PIP coverage required is $10,000.

Property Damage Liability (PDL)

Second, Florida also requires Property Damage Liability (PDL) insurance, which covers damage you may cause to someone else’s property, such as their vehicle or a building. The minimum PDL coverage required is $10,000.

These are the basic coverage requirements, but many Floridians choose to purchase additional coverage options like Bodily Injury Liability (BIL) and Uninsured/Underinsured Motorist Coverage (UM/UIM) for added protection.

Suing an Uninsured Driver for Damages

While Florida operates as a no-fault insurance state, meaning that your own insurance typically covers your damages regardless of fault, there are circumstances under which you can sue an uninsured driver.

Severe Injuries

If you sustain severe injuries in an accident caused by an uninsured driver, you may have the right to file a lawsuit.

Severe injuries often exceed the limits of your own Personal Injury Protection (PIP) coverage.

Permanent Scarring or Disfigurement

If the accident results in permanent scarring or disfigurement, you may be eligible to sue the uninsured driver for damages that go beyond your PIP coverage.

Wrongful Death

In cases where a family member dies due to injuries sustained in the accident, surviving family members may have grounds for a wrongful death lawsuit against the uninsured driver.

Discussing Potential Legal Avenues for Pursuing Compensation

When considering legal avenues for pursuing compensation after an accident with an uninsured driver, you have a few options.

You can file a lawsuit directly against the uninsured driver to seek compensation for your medical expenses, property damage, lost wages, and pain and suffering if your injuries meet the criteria outlined above.

If you have Uninsured Motorist (UM) coverage as part of your own insurance policy, it can provide protection in cases involving uninsured drivers. UM coverage is designed to compensate you when you’re injured by an uninsured or underinsured driver. It can help cover your medical bills, lost wages, and other damages that exceed the limits of the at-fault driver’s insurance.

Filing a Lawsuit Against an Uninsured Driver

When faced with the necessity of filing a lawsuit against an uninsured driver in Tampa. It’s crucial to understand the process, step by step. While it can be challenging, pursuing legal action is often necessary to seek compensation for your losses.

Assess the Situation

Before proceeding with legal action, assess the circumstances surrounding the accident.

Ensure that your injuries or damages meet the criteria for pursuing a lawsuit, such as severe injuries, permanent scarring, or wrongful death.

Consult an Attorney

Seek legal representation by consulting with an experienced personal injury attorney who focuses on cases involving uninsured drivers.

They can evaluate the merits of your case and provide guidance on the best course of action.

Investigate the Accident

Your attorney will conduct a thorough investigation of the accident, gathering evidence such as accident reports, witness statements, medical records, and other relevant documentation to build a strong case.

Notify the At-Fault Driver

Your attorney will formally notify the uninsured driver of your intention to file a lawsuit. This step may lead to negotiations or settlements before going to court.

File the Lawsuit

If negotiations are unsuccessful, your attorney will file a lawsuit against the uninsured driver.

This initiates the legal process and formally outlines your claims, including the damages you’re seeking.

Discovery Phase

Both parties engage in the discovery process. During this, they exchange evidence and give depositions. As well as conduct investigations to strengthen their respective cases.

Mediation or Settlement

You could attempt to reach an out-of-court settlement through a mediation. And, if you reach an agreement, you can resolve the case without going to trial. However, if you do not reach a settlement, the case proceeds to trial.

Hit by an Uninsured Driver? Contact RHINO Lawyers Today

We understand the frustration and hardship that comes with being hit by an uninsured driver in Tampa. In fact, your rights and well-being are our top priority. Our experienced team is here to guide you through the legal complexities of Suing an uninsured driver for damages.

Don’t face this battle alone; our dedicated attorneys are ready to fight for you. If you’ve been a victim of an uninsured driver, it’s time to take action.

Contact us today for a free video consultation or case review. Together, we can ensure your rights are protected and your road to recovery begins. Don’t delay; let’s start your journey toward justice now.

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