2019 Child Safety Seat Laws in Tampa Florida
All parents and guardians traveling through Florida are responsible for knowing the state’s most up-to-date child safety seat laws. Like every other state in the nation, FL police take these laws seriously. So, violators could face serious punishments if they are caught. Besides fines, you could get points taken off of your license if police catch you driving around the Sunshine State with a child who is not properly secured.
Thankfully, parents have many helpful resources available to help them understand what’s expected of them. If you’re unfamiliar with these laws, then it’s well worth your time to read through Florida’s safety seat policies listed below. We’ll also share a few helpful websites you could use to better understand Florida’s child safety seat laws.
A Quick Overview Of Florida’s Child Safety Seat Laws
Florida law requires children under the age of 5 to be properly restrained in a safety device when traveling in a vehicle. For children between the ages of 0-3 years old, this could either be a separate carrier device. Or, a vehicle manufacturer’s integrated child seat. However, children between the ages of 4-5, could legally use a booster seat or the other two options listed above.
Although Florida law doesn’t specify which car seat to use, the American Academy of Pediatrics (AAP) suggests parents follow these guidelines:
- Infants should ride in a rear-facing restraint until they outgrow the manufacturer’s height and weight limits.
- After rear-facing seats, children should transition to forward-facing devices until they weigh over 65 pounds.
- Once a child has outgrown forward-facing seats, s/he should move on to a booster seat.
- Parents shouldn’t allow children to wear a car’s safety belt until they are at least 4’9’’ tall.
To read Florida’s child safety laws in full, please see Florida State Statute 316.613. You could also learn more about these laws on this Florida Highway Safety and Motor Vehicles (FHSMV) page about Child Restraints.
A Few Helpful Safety Resources
Unfortunately, recalls aren’t uncommon in the car safety seat industry. Parents should check the latest news from their car seat’s manufacturer. This will ensure they are using a product without any potential hazards. One easy way to keep tabs on car seat recalls is to visit this portal put together by the FHSMV. The National Highway Traffic Safety Administration also has a website dedicated to car seat recalls which you could find here Child Seat Recall Listings.
Not sure you installed your child safety seat is properly? Then you should schedule an appointment with a Florida Highway Patrol officer for a complimentary evaluation. To find an official safety screening location near Tampa or anywhere else in Florida, please visit this webpage put together by the FHSMV.
Using all these resources will help you when traveling with your little ones. Keeping your child safe from the Panhandle all the way to the Keys.
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Intentional “Accidents” and Personal Injury Claims
A woman driver struck a man on I-4 just north of Hillsborough Avenue around 7 p.m., Thursday, April 25th, 2019, and police at the scene say that it looked like it was intentional. According to witnesses, a man exited his stopped pickup truck and walked across the interstate. After, the woman driver then crossed all three lanes and struck him and kept driving.
Police apprehended her a short distance away. The breathalyzer showed her to have a BAC of .219 which is almost three times the limit in Florida. They took the passenger to a local hospital with serious injuries and booked the driver into Hillsborough County Jail without bond. She faces numerous charges including DUI and vehicular assault.
Intentional “Accidents”
Criminal charges for intentionally injuring someone in an auto accident can bring up a lot of questions regarding personal injury. Many people wonder if the defendant being in jail or prison will affect their personal injury claim.
In Florida, the law allows the judge in a criminal case to order restitution for injuries and damages done to their victim. Therefore, the law allows for the following restitution:
- The cost of necessary medical and related professional services, and services relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing.
- The cost of necessary physical and occupational therapy and rehabilitation.
- Reimbursement of income lost by the victim as a result of the offense.
- An amount equal to the cost of necessary funeral and related services if an offense that resulted in bodily injury also resulted in the death of a victim.
However, often, the defendant is unable to pay these themselves, and you can’t use auto insurance payments to pay a court-ordered penalty or fine. So, this leaves the victim to turn to the civil courts for compensation.
Personal Injury Claim
Fortunately, there is no requirement that an “accident” actually be accidental before an insurance policy will cover the losses. Hence, if the defendant was insured with a typical insurance policy, all that is required for the company to pay is that the injuries come from the operation of the insured car.
Incidentally, the injured person still has to prove that the collision was the fault of the driver and that the driver was negligent in the operation of the vehicle.
One issue that comes up is whether doing something intentionally is considered “negligent” for making a personal injury claim. The answer is yes. By definition, if a person does something recklessly and without care to others, and that causes a personal injury, then they are negligent.
Damages in an intentional personal injury
A person can claim any losses in an intentional personal injury that they could in a typical accident. Some of the most common are:
- Medical Bills
- Lost Wages Past and Future
- Pain and Suffering
- Loss of Quality of Life
- Mental Anguish
- Rehabilitation
- Job Training
Punitive Damages in Intentional Personal Injury in Florida
Florida allows for punitive damages against someone who does something particularly egregious. If this is the case, the court can award up to three times the compensatory damages as punitive damages. However, Florida specifically precludes punitive damages done by the insured if the act was intentional.
Tampa Auto Accident Lawyer
Lastly, if you’ve been injured in by someone intentionally, talk to our personal injury team about possible compensation for your injuries. Don’t let the insurance company tell you that their policy doesn’t cover the damages. Rather get advice from someone on your side.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Can I still Sue if the Driver is Sent to Jail in Florida?
What happens when you lose a loved one in an auto accident by a drunk driver or they have been charged with manslaughter? Does this affect the options of those left behind? Can they still make a claim for wrongful death?
Typically, in a wrongful death claim, the at-fault driver hasn’t committed a crime or is charged with a homicide. Those making the claim just have to prove that the driver was negligent. To prove this, the family must show that the driver failed to use the proper care and that failure resulted in the death of the victim. Once established, then the family must show how the death has affected them emotionally, physically and financially.
Criminal Conviction and Restitution
When the person is drunk, charged with a DUI, and possibly a vehicular homicide, many wonder how this affects their wrongful death claim. If convicted, then in many states, the court will require financial restitution from the defendant to the victim’s family.
This usually consists of certain sums of money allowed under the criminal statute such as medical bills, property damage and lost time from work. This doesn’t affect a civil suit against the person as the laws are different for civil and criminal cases.
This means that the victim’s family will still have the right to make a civil claim for damages based on a wrongful death, and even if the criminal court orders the defendant to pay criminal restitution, any funds paid to the victim’s family will not have to be paid back nor will the defendant be given credit for those payments against the amount owed in a civil suit.
What if the Defendant’s Found Not Guilty?
Sometimes a person charged with DUI or vehicular homicide will win their court case and be found not guilty. When this happens, then there is the worry that the civil court will look at the not guilty charge and dismiss the civil wrongful death claims against the defendant.
However, by law in all states, a civil case can’t use a criminal conviction or acquittal to either determine fault or absolve the defendant of their liability. Again, this is because the two systems—criminal and civil—are separate and operate under their own laws, court rules and precedence.
Making a Wrongful Death Claim
A wrongful death claim is made in civil court and operates under the doctrine of negligence. If they find the defendant to have acted carelessly and without due caution to the deceased, and that carelessness and lack of caution caused the death of the person, then the defendant’s liable to the family of the deceased.
Who can Make a Wrongful Death Claim?
The law requires that the person making the wrongful death claim have some legal relationship with the person such as blood-related (immediate family), adoption or marriage. This allows anyone such as a spouse, sibling, parent-child or another close family member to seek compensation for their loss.
However, the person making the claim will need to prove two things. First, they need to prove the other person caused the death through their negligence. Second, they need to prove they experienced financial harm because of the death Most often, the estate of the deceased makes the claim, and all those who had compensable losses can share in the award.
Do You Need an Attorney Needed to Make a Wrongful Death Claim?
In most states, a legal representative of someone’s estate needs to file a wrongful death claim. The court typically appoints the administrator of the estate. Often this person was named in a will. However, this person doesn’t have to be an attorney.
When involving an estate, you must follow certain laws. These laws ensure acknowledgment and given notice to all claims to the estate. Failure to do so can result in the representative being sued. Also, there are certain deadlines and form requirements for filing a civil suit for wrongful death. A mistake in any one of these can possibly harm the case.
Who Pays in a Civil Wrongful Death Case?
Some wonder will the person’s insurance pay for damages if the incident happened during a criminal act. However, all states require an insurance policy to pay for damages. As long as, their client is liable for damages while driving the insured car.
A defendant could have a judgment entered against them and face a lawsuit if they were driving without insurance. But, without an insurance company paying for the judgment, many times the victims are unable to collect.
However, there are options with the deceased’s insurance policy. If the victim had an auto insurance policy, and if the policy had certain provisions, the family may be able to collect some of the compensation allowed under the law. Those options are:
- Medpay: This is a provision that drivers can get on their policy. It will pay for medical bills regardless of who is at fault or injured so long as involvement includes the insured or their vehicle.
- Personal Injury Protection (PIP): This works similar to Medpay, but it pays medical bills and other damages like pain and suffering and loss of wages. It also pays out regardless of the injured party or at-fault so long as it involved the insured or their vehicle.
- Uninsured/Underinsured (UM/UIM): Most insurance policies have uninsured/underinsured provisions. These will pay those covered by the policy for all personal injury damages; if the other driver is underinsured or has no insurance. This can include not finding a hit-and-run driver, so long as they were at fault in the accident.
Almost all states require their drivers to either have insurance or proof that they could pay an amount equal to the minimum policy limits in that state. Only one state, Virginia, does not require their drivers to pay for an insurance policy. However, they have to pay a fee of $500 a year if they do not have insurance.
Some states require either UM/UIM, PIP or Medpay while others do not. In all states, the insurance company will sell the driver an add-on policy provision if it’s not required by law.
Contact RHINO Lawyers
If a loved one was killed by a negligent driver, contact Tampa’s Auto Accident Lawyers today for a free consultation and case evaluation. In many cases, there is more than just one negligent party. We’re competent and compassionate lawyers who will advise you of options in your best interest. If retained, our personal injury team will hold everyone accountable who contributed to the wrongful death of your loved one.
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Passenger Killed in Road Racing Crash in Lakeland FL
The drivers of a Jeep and a motorcycle squared off at a stoplight both revving their engines. When the light turned green the vehicles took off, and after racing a few blocks, the Jeep lost control and hit a light pole. Ejected from the vehicle during an accident the passenger died of her injuries. However, they took the driver to a hospital in critical condition.
The accident happened Sunday, April 14, 2019, and a Polk County Sheriff’s deputy said that the accident was needless and could have been avoided. They are still looking for the motorcycle rider who was far enough ahead of the Jeep that he might not have known that the Jeep crashed.
The crash is still under investigation, and charges are possible against the driver of the Jeep.
Street Racing Accidents
More than just speeding, street racing creates unjustified risk for those involved as well as innocent bystanders and other motorists. A study by Arizona State University’s Center for Problem-Oriented Policing found that street racers come in two primary demographics: Young divers ages 18 to 24, and older drivers, 25 to 40. The younger drivers race for prestige and bragging rights, but as they age they sometimes race because of the muscle cars they have spent years restoring and modifying for speed.
The study also focused on ancillary problems associated with racing. The draw of racing promotes other crimes for a variety of reasons. Some like auto theft to support the costs of racing, others like gambling, impairment, and use drugs to enhance the racing experience. The study identified other crimes as well:
- auto and auto parts theft,
- assaults (including assaults in retaliation for failure to pay racing bets),
- drunken driving and driving under the influence of drugs,
- insurance fraud (relating to racers betting on outcomes),
- illicit gambling,
- public intoxication/urination and other public order offenses,
- trespassing, and
Street Racing Liability
When the inevitable injuries occur, many wonder how they will receive compensation. In a typical accident, the insurance company for the driver who was at fault will pay for the damages, injuries and other financial losses. However, sometimes passengers get hurt, or maybe someone watching or participating in the race. What happens then? They hold the negligent party accountable. Negligence is when someone engages in conduct and doesn’t use the due care and caution required to keep others safe.
Passenger Injuries
When a passenger is hurt in one of the cars in a race, the most obvious at-fault person is the driver of the car carrying the passenger. If this person has auto insurance, the policy should cover the damages and injuries up to the policy limits.
Other than the driver of the car that crashed, compensation can come from the driver of the car that didn’t crash, any of the race organizers or anyone involved in the race in any way. Basically, liability falls on anyone who contributed to the cause of the accident. Because they contributed to the race which led to serious injury or even death.
What do I do if I’m Injured in a Racing Accident?
At the scene and only after you are safe and able to do so, get the names of those involved starting with the drivers of the cars that were racing. Get pictures and the names of any witnesses. However, if your injuries prevent you, in most cases, the police will investigate so you might get those from them, eventually.
Don’t talk to the insurance company of any of the racers. Even if you had involvement in the race yourself or were an innocent bystander. The reason is that the insurance company will use anything you say to either increase your fault in the incident or diminish your injuries and losses.
Talk to our personal injury team who can tell you your rights and evaluate your case. A consultation won’t cost you anything, and you will be then able to make an informed decision. RHINO Lawyers is a powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We employ our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Fatal Motorcycle Crash in Pinellas Park
A motorcycle and a car crashed killing the motorcycle rider and seriously injuring the driver of the car. The accident happened around 7:30 p.m., Wednesday, April 10, 2019, at the intersection of 62nd Ave. N and 25th Street in Pinellas Park.
According to the Florida Highway Patrol, the driver of the passenger car turned into the path of the motorcycle causing the collision. The motorcyclist died later at Bayfront Health, St. Petersburg. They took the driver of the car to Bayfront and listed them in serious condition.
Police say that the accident is still under investigation and that charges against the driver of the car are pending.
Left Turn Motorcycle Crashes
Unfortunately, after a crash, many drivers say they never saw the motorcycle coming. When a car makes a left in front of a motorcycle, even the best riders are often unable to avoid a collision.
Compared to occupants of an automobile, motorcyclists are not protected by a vehicle. In almost every motorcycle accident, the rider gets knocked off the motorcycle and strikes the pavement. There are common injuries that motorcycle accident victims endure, they are:
- Traumatic Brain Injury: The head often hits the pavement or the other vehicle which puts the rider at risk for serious head injuries—even if wearing a helmet.
- Facial Injuries: Many times, the riders face can sustain serious injuries due to the open-faced helmet leaving the face unprotected.
- Broken wrists: Riders often grip their handles tight in anticipation of the crash causing a severe break.
- Chest/Rib Injuries: Riders often hit their handlebars which can cause severe compression injuries to the chest. These injuries include broken ribs and lung punctures.
- Road Rash: This happens when exposes skin comes into contact with the pavement and can be similar to burn injuries.
- Deep Bruises: Many times, the double impact (first impact and then with the road) can cause deep and severe bruising.
Do I need an Attorney?
If you or a loved one is involved in a motorcycle accident and are seriously injured, you need to at least talk to an attorney. You don’t have to hire one to make a claim, but before you do anything, talk to someone who can advise you of the law and your rights. If a loved one died you should also be aware of wrongful death claims as well.
The insurance company has one job to do, and that is to pay you as little as possible. It’s not personal, it’s their job. You need an attorney who knows the law and can go up against the insurance company on your behalf.
Contact a Florida Motorcycle Accident Lawyer.
If you were involved in a motorcycle crash, contact our personal injury team today for a free consultation and case evaluation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Can I Move My Car After an Accident in Florida?
To begin with, many people wonder if the law allows them to move their cars after an accident. As well as moving the cars before the police arrive. In a typical case, two cars hit each other on the freeway causing light damage to both cars. But then instead of pulling over, just sit in the lane to wait for police to arrive. Common sense might tell them to move to avoid getting hit. Yet, many motorists aren’t sure if they must stay in that spot or move their cars. They don’t want to do something illegal if they can help it.
Florida Law
In Florida, the law actually requires you to move your cars out of traffic. And, to a safe location after a wreck. This is common in most states. Thus, the purpose of the law is the safety of the people involved in the crash and to those in traffic vulnerable to secondary crashes.
Florida Motor Vehicle Code Section 316.061 and 316.071 require that anyone involved in a crash must attempt to move the vehicle out of the flow of traffic if possible, and if they are unable, then get help to do so.
This means if two cars get into an accident and come to a rest in traffic, then they need to drive the cars to the side of the road. If the vehicle won’t run, then they need to get help. This means that if needed, call a tow truck to move the car out of traffic.
The penalty for violating these sections is a fine and court costs which vary over time in amount. Historically, it’s rare that the Florida Highway Patrol will give out fines. However, they are out on the highways every day. As a result, they see small wrecks end up leading to a secondary with serious damage and injuries.
In a rear-end accident in April 2019, a Florida Highway Patrol Helicopter spotted two cars that collided. The cars stopped in one of the middle lanes on Brandon Boulevard approaching the onramp to I-75. A video shows several near misses that could have caused serious injuries, especially one near-miss involving a motorcycle. This poignantly illustrates how important it is to remove the cars from traffic.
What if I’m Injured?
The law requires the driver of the wrecked car to make “every reasonable effort” to move the car out of traffic. This language means that if the driver suffers injury or just incapable of moving the car, or if moving the car would actually cause more risk of injury or secondary crashes, then it’s not a violation of the law to leave it there.
In most cases, the courts will allow the driver to use common sense. However, moving the vehicle when its unreasonable to leave the vehicles there could avoid an accident, the police have the option of issuing a ticket.
Tampa Car Accident Lawyer
If you were injured in a crash, contact the Tampa Car Accident Lawyers at RHINO Lawyers today for a free consultation and case evaluation. The personal injury team at RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”
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Fatal Hit-and-Run Motorcycle Crash
A fatal hit-and-run on Saturday, March 30, 2019, killed the rider after throwing them and their passenger off the bike and onto the pavement. Tragically, the operator of the motorcycle died from his wounds, and they took the passenger to a nearby hospital where she is recovering.
According to the Florida Highway Patrol, the driver of the car, a 2001 Hyundai, then fled the scene leaving the victims on the pavement. Police are still looking for the driver, and it’s unclear at this time if alcohol was a factor. Once found the driver is potentially facing felony charges of leaving the scene of an accident with serious injury. (Update: 4/1/2019 the driver turned themselves in and received a charge with leaving the scene of a fatal crash and hit-and-run crash with serious injury.)
Hit-and-Run Accidents
A victim of a hit-and-run accident faces a unique risk caused by the fleeing driver. Many times, the injured person in an accident is unconscious or unable to assist themselves even to get help. If no Good Samaritans are nearby, this delay could mean the victim is more seriously injured or dies.
Also, victims of a hit-and-run feel twice victimized, once by the accident and again when the person flees. This often adds to the stress and anxiety that already accompanies a motor vehicle accident.
Injuries at Further Risk in a Hit-and-Run
There are many types of injuries that can happen in a hit-and-run; with some putting the victim at a higher risk of death or more serious injury. They are:
- Neck Injuries: Stabilize neck injuries quickly because delays might cause more problems.
- Deep lacerations: Any loss-of-blood injuries can put the victim in danger if first aid is delayed.
- Punctured Lungs: Broken ribs can lead to a punctured lung; which can deprive a person of their ability to breathe and get oxygen.
- Heart Attack: The stress of an accident can cause a heart attack. A quick response from EMS can make a difference.
- Pregnancy/Delivery: An accident can put a pregnant woman into labor. The quicker the response, the more likely there will be a good outcome.
Liability in a Hit-and-Run
For some victims, the hit-and-run driver adds a third victimization when the bills begin piling up. Because the at-fault driver isn’t known, the person is unable to collect from that person’s insurance, and the victim wonders how they will pay their bills.
However, if they don’t find the driver there are some resources that someone can use to compensate them for their injuries:
- Medpay: This is a provision that drivers can get on their own policy that will pay for medical bills regardless of who is at fault or injured. So long as the insured or their vehicle is involved.
- Personal Injury Protection (PIP): This works similar to Medpay, but it pays medical bills and other damages like pain and suffering and loss of wages. It also pays out regardless of the person injured or at fault so long at the insured or their vehicle is involved.
- Uninsured/Underinsured (UM/UIM): Most insurance policies have uninsured/underinsured provisions. These will pay those covered by the policy for all personal injury damages; if the other driver is underinsured or has no insurance. This can include not finding a hit-and-run driver, so long as they were at fault in the accident.
Do I need an Attorney?
If a hit-and-run driver injures you or a loved one, you need to talk to an attorney. They can evaluate your circumstances and find all sources of compensation for your injuries. Don’t wait for the other driver to be found, act quickly and get the right advice.
If you were involved in a crash similar to this one, contact our personal injury team today for a free consultation and case evaluation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Head-On Wrong-Way Crash Injures One in Tampa Bay
A 37-year-old woman was driving the wrong way on I-275 and struck another car head-on seriously injuring its driver. According to the Florida Highway Patrol, the wrong-way driver was driving a 2017 Subaru Forester north in the southbound lanes of I-275 near mile marker 26.5. It was around 3:15 a.m., Friday, March 22, 2019, when she struck a 2013 Buick Verano.
Right after the collision, the Subaru burst into flames, but the driver escaped in time. However, they took the driver of the Buick to Bayfront Health, St. Petersburg with serious bodily injury. The Subaru driver was charged with DUI Causing Serious Bodily Injury.
Head-On Collision Accidents
When someone is involved in a head-on collision, they are at more risk of death and serious injury according to a report from the National Highway Traffic Safety Administration. The head-on collision accounts for only 2% of all accidents in a year. Yet, they account for 10 percent of all fatalities. They are also responsible for some of the most traumatic injuries of all crash types.
Head-On Collision Injuries
The reason a head-on collision is so dangerous is because the impact is comprised of the speed and weight of both vehicles coming to a dead stop simultaneously. This throws the occupants of the car around. Thrusting them forward, backward and side to side inside of the vehicle.
Also, head-on collisions severely damage the vehicles. Cushing the passenger compartments leaving little room for those inside. Because of these dynamics, there are injuries common to a head-on collision:
- Blunt Force Trauma: The vast majority of fatalities come from the impact of the person into whatever is in front of them.
- Traumatic Brain Injury: Not always fatal and happens with the impact of the body at the time of collision.
- Thoracic Spine Injury: (Whiplash) This injury is not necessarily fatal, but it often results in paralysis. It comes from the collision throwing the body forward, stretching the spine and the neck, and then violently compressing when thrown back into the seat.
- Broken Bones: Skull fractures, facial bones, ribs and extremities such as wrists, ankles legs.
Do I need an Attorney if I’m injured in a Head-On Collision?
Before you speak to anyone from an insurance company, it’s best to talk to an experienced auto accident attorney who knows the law and is experienced in personal injury claims and head-on collision. The personal injury team at RHINO Lawyers have that knowledge and experience and can get you the compensation you deserve.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Hit-and-Run Driver Sought After Injuring Two in Tampa
Police are looking for a driver of a blue 2019 Nissan Rogue. They believe a hit-and-run around 9:45 p.m., Thursday, March 21, 2019, involved the driver. Witnesses say that the Nissan struck a Toyota Sienna Van being used as a taxi to transport a 91-year-old man. The van sustained significant damage. They took the man and the driver of the van to AdventHealth with significant injuries.
Police posted a picture of a blue 2019 Nissan Rouge similar to the one involved in the accident. Except that there will be significant damage to the one involved. Police are also offering a cash reward for information. As well as, asking anyone who knows of anything or witnessed the incident to call them at 813 247-8200. They can also call Crime Stoppers at 1-800-873-TIPS (8477).
Hit-and-Run Accidents
When a driver involved in an accident flees, it creates a higher risk for anyone injured in an accident. This is because anyone uninjured in the accident are able to call for help and even administer first aid to the victim.
In today’s world, people have cell phones, and if anyone else is around they can also call for help. Though, this can’t be relied upon in every case. In some cases, any delay in getting help can mean the injured person’s chance of survival goes down. Plus, their injuries might become more severe.
Injuries at Further Risk in a Hit-and-Run
There are many types of injuries that can happen in a hit-and-run with some putting the victim at a higher risk of death or more serious injury. They are:
- Neck Injuries: You need to stabilize neck injuries quickly because delays might cause more problems.
- Deep lacerations: Any loss-of-blood injuries can put the victim in danger if first aid is delayed.
- Punctured Lungs: Broken ribs can lead to a punctured lung which can deprive a person of their ability to breathe and get oxygen.
- Heart Attack: The stress of an accident can cause a heart attack, and a quick response from EMS can make a difference.
- Pregnancy/Delivery: An accident can put a pregnant woman into labor, and the quicker the response, the more likely there will be a good outcome.
Can I Receive Compensation for a Hit-and-Run?
Also, when a driver flees, unless they find the driver the victim is often left to face the financial burden without compensation. However, they have some resources that someone can use to compensate them for their injuries if the driver is never found:
- Medpay: This is a provision that drivers can get on their own policy that will pay for medical bills regardless of who is at fault or injured. So long as involvement included the insured or their vehicle.
- Personal Injury Protection (PIP): This works similar to Medpay, but it pays medical bills and other damages like pain and suffering and loss of wages. It also pays out regardless of the person injured or at fault. So long as involvement included the insured or their vehicle.
- Uninsured/Underinsured: Most insurance policies have uninsured/underinsured provisions. These will pay those covered by the policy for all personal injury damages; if the other driver is underinsured or has no insurance. This can include not finding a hit-and-run driver, so long as they were at fault in the accident.
Florida Auto Insurance
Florida law requires every auto insurance policy to have PIP. This would cover damages and losses stemming from a hit-and-run car accident. Since PIP pays for medical bills also, Florida drivers do not need to get Medpay.
Florida does not require motorists to have uninsured/underinsured, but most drivers carry this as it as a small add-on charge and can provide compensation in cases of a hit-and-run. However, the insured must ask specifically for this coverage.
Do I need an Attorney for a Hit-and-Run?
If you’ve been injured in a hit-and-run, you need to talk to an auto accident attorney who can evaluate your circumstances and find all sources of compensation for your injuries. Don’t wait around for them to find the other driver, act quickly and get the right advice.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” Our personal injury team describes our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Pedestrian Accidents in St. Pete Causes One Death
Two pedestrians injured and one pedestrian died in accidents overnight Saturday and early Sunday morning, March 17, 2019. St. Petersburg Police responded to a call that a 74-year-old man was injured in a crosswalk at 28th Street N near Central Avenue about 8:30 p.m. They took the man the hospital in serious condition. Then the police arrested the driver of a Ford F-150 that had fled the scene.
Then around 1:20 a.m. in Seminole, a driver in a Mazda hit a 41-year-old man who was crossing Starkey Road near the intersection of Park Boulevard. According to the Pinellas County Sheriff’s office, the pedestrian died of his injuries. The man reportedly did not use a crosswalk. They pronounced him dead at the scene
The third accident happened near downtown St. Petersburg, around 2:30 a.m. where hundreds had gathered to celebrate St. Patrick’s Day. A Chevy Impala hit a 34-year-old man at 4th Street South and 3rd Avenue. The St. Petersburg police said that the victims suffered life-threatening injuries. They took him to Bayfront Hospital for treatment.
Who’s at Fault When a Pedestrian is Hit Crossing the Street?
According to a study by the National Highway Traffic Safety Administration, around 5,000 pedestrians die each year in auto accidents with the vast majority of them have died trying to cross a street. Since generally speaking, they made roads primarily for motorized vehicles. Therefore, outside of crosswalks, vehicles have the right-of-way. Though, many feel that the pedestrian is likely at fault if a car stricks a pedestrian.
There is support for this idea. The NHTSA also reports that out of all street crossing deaths by pedestrians, only 600 a year happen while the pedestrian was inside a crosswalk.
This means that when pedestrians properly use a crosswalk, motorists are less likely to hit them. However, this doesn’t mean that any time a car hits a pedestrian crossing the outside a crosswalk, it’s the fault of the pedestrian.
Motorists and Pedestrians are to use Due Caution
The bottom line is that before finding a motorist or pedestrian negligent, the other side must prove that they didn’t use the proper care under the circumstances. It works like this: a pedestrian injured crossing the street needs to prove the negligence of the driver of the vehicle that hit them. This means that the person failed to use the care and caution that was due to the pedestrian under the circumstances.
To determine due caution, the court will look to see if the driver acted using the level of due care that other drivers would use in a similar circumstance. If the driver did, then he or she wasn’t negligent. However, if the driver didn’t, then he acted negligently.
Next, the court looks at whether the victim was negligent. If they find he or she was, then this could either defeat the claim or reduce the amount of compensation awarded. For this, the court will look at whether the pedestrian acted using the same care and caution that other pedestrians would use in similar circumstances.
This means that if a vehicle hits a pedestrian, whether outside or inside a crosswalk, liability isn’t automatically assumed on the part of the driver or the pedestrian. Rather they will look at the actions of each considering the circumstances.
What if I’m Injured Crossing the Street?
If you are in an accident as a pedestrian, don’t assume that it’s your fault even if you were in the road and didn’t have the right-of-way. The insurance company will tell you that it was your fault, and the driver shouldn’t have to pay.
However, talk to someone who will tell you the law. Talk to an attorney who can evaluate your case and then get you compensation for your injuries.
Contact a Tampa Auto Accident Lawyer
After any crash involving a serious injury or a fatality, you should speak to our personal injury team. If you or a loved one was in a crash similar to these, contact us today for a free consultation and case evaluation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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