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  • Can Minor Car Accidents Cause Injuries?

    How Many Car Accident Can Cause Big Problems

    When we think of a serious car accident, most people think of high-speed collisions, trucking wrecks, and rollovers. Most people do not think of fender benders, rear end collisions, or sideswipes. This is why after a minor collision the participants may decide to not call the police or not get medically evaluated. Other individuals may believe that a minor pain or ache at the scene of a car accident is nothing more than a temporary inconvenience. While this is sometimes true, our Tampa Bay car accident lawyers at Dumas & Sanclemente know this is not always the case.

    Yes, minor car accidents can cause very serious personal injuries. Sometimes these injuries are not immediately obvious and can take days, weeks, or months to manifest themselves. Unfortunately, victims who have not taken the crash seriously may have a difficult road to both recovery and a successful claim under Florida law.

    Common Examples of Minor Car Accidents in Florida

    There are many ways that a minor car accident could be caused by the reckless or careless actions of another driver. Sometimes the inconvenience is just a dent or abrasion of a vehicle panel, while other times it is a temporary headache. But there are instances where even a minor, low-impact collision could cause big problems for victims.

    Some of the most common examples of minor crashes that could cause big injuries to include the following:

    • Sideswipe accidentsthat ricochet off and do not cause a direct impact, but still a violent rocking movement
    • Rear end collisionsthat cause a person’s head to whip back-and-forth violently causing whiplash or even a more serious traumatic brain injury known as a coup-contrecoup injury
    • Parking lot accidentstypically result in one vehicle’s momentum being struck by a vehicle going in another direction
    • Striking a pedestrianeven at a low speed could break bones and propel a victim into the pavement
    • Backing out crashes when another vehicle is backed into and a victim is not expecting the collision or bracing for impact
    • T-bone collisionsare always dangerous even at a low speed because the heavy front end (engine block) of one vehicle is colliding into the thin side panel of another vehicle
    • Motorcycle taps or bicyclist tapscould also be devastating because even a minor tap could launch a rider off a bike and into the pavement, and
    • Other types of collisions could appear minor but cause disabling injuries.

    Common Injuries in Minor Collisions

    Our Tampa Bay car accident lawyers know that even minor collisions could result in serious injuries. The two most common injuries in minor collisions could all result in debilitating surgery and permanent disability or range of motion restrictions. These three injuries include the following:

    Brachial Plexus Injuries

    The brachial plexus is a complex network of nerves that originates from your cervical spine (neck vertebrae) and extends to your shoulder girdle then down to your fingertips. These nerves can be injured in even a minor collision because of the way a seatbelt can pull and yank at the shoulder girdle. This could cause nerves in the neck or below the shoulder to stretch and even tear. As a result, victims could lose sensation or motor function either temporarily or permanently. This decrease could be minor, moderate, severe, or a complete loss of sensation or function.

    Whiplash Injuries

    A violent back-and-forth motion of the head and neck is called whiplash. This is a type of soft tissue injury that can cause damage to the nerves, muscles, tendons, ligaments, and other tissues around the spinal column and at the base of the head. Some injuries can cause impingement on nerves that result in excruciating pain in the neck or back.

    Other types of whiplash injuries can actually occur inside the skull when the brain violently slides forwards and backward. This is because the brain is suspended in cerebral spinal fluid to cushion a powerful impact, but it can also cause the brain to move and strike the inside of the hard skull causing damage. This type of injury is known as a coup-contrecoup brain injury and can be very dangerous because it could increase intracranial pressure that could result in a permanent brain injury.

    Injuries to Children in Minor Collisions

    Even if you believed that a collision was minor, if you have children in the vehicle it could be another story for them. Even low-speed or low-impact collisions could be significantly more devastating for children. Although their bones are generally considered more flexible than adults, children are susceptible to soft tissue or nerve injuries like brachial plexus injuries. Children could also have damage to growth plates or other parts of their body that rattle around during a collision which could result in significant, long-term damages.

    Injured in a Minor Collision in Tampa Bay? We Can Help

    There is no such thing as a minor collision when a person is physically injured. But insurance adjusters will do everything in their power to further minimize the force of the collision to undervalue your damages claim. At Dumas & Sanclemente, we will not let that happen. Learn how our Tampa Bay car accident lawyers can fight back to protect your rights under Florida law by dialing [nap_phone id=”LOCAL-REGULAR-NUMBER-1″] to schedule your FREE case review. You could also use our message box at the bottom of our contact us page available here.

  • Where do most slip and fall accidents commonly take place?

    Life is full of surprises, some of which can be unpleasant. An example of this situation is a slip and fall accident. One minute you’re standing or walking, the next minute you’re on the ground and in considerable pain. Considering that, it’s good to know where many people slip and fall. If you want to avoid being the victim of a slip and fall accident in Florida, watch out for these areas.

    Wet walkways

    You don’t have to look far to see walkways leading up to homes and commercial properties. Unfortunately, not everyone keeps their walkways safe for visitors. It’s extremely easy for a wet walkway to cause many slip and falls. It’s also possible for loose concrete or other surface material to pose a danger to any passersby.

    Parking lots

    Chances are, you spend a considerable amount of time in parking lots each week. With that in mind, you might not realize that parking lots are potentially dangerous sites for slip and fall accidents. Automotive fluids, poured-out beverages and uneven concrete all contribute to people getting hurt in parking lots.

    Busy restaurants

    Restaurants are typically crowded places with workers handing out lots of food and beverages. Unfortunately, it only takes one spilled drink or knocked-over plate to cause someone to slip and fall. A freshly mopped restaurant floor can also cause many falls, especially if there’s no wet floor sign present.

    Slips and falls can happen anywhere. Fortunately, you can prevent these accidents by keeping a close eye on your surroundings. If you see a slippery surface, consider letting someone know who can take care of this potentially dangerous situation.

  • What to Do if I Get Hit by a Drunk Driver?

    Injured by a Drunk Driver in Florida? Here is What You Need to Do to Protect Your Claim

    Drunk driving is one of the most avoidable types of motor vehicle accidents in the United States, if not the world. However, our Tampa Bay car accident lawyers know that drunk driving is still one of the most common causes of car accidents. According to the National Highway Traffic Safety Administration (NHTSA), over 10,000 people die each year in the United States due to drunk drivers. Right here in the sunshine state, Florida Highway Safety and Motor Vehicles (FLHSMV) statistics reveal that approximately 7,700 people are injured each year due to drunk drivers. Of those injured, 378 victims tragically pass away and another 425 individuals are permanently incapacitated.

    Here at Dumas & Sanclemente, we have built our firm around representing victims who have been seriously injured in auto accidents due to the negligence of another driver. When it comes to drunk driving, there may be no more reckless, careless, or negligent way of causing serious personal injuries to innocent people. These injuries affect not just the victims, but the entire family. If you or a loved one were seriously injured in a drunk driving accident in Tampa Bay or anywhere else in Florida, ask us how we can help you today.

    Steps to Take After an Accident with a Drunk Driver

    There are certain steps that you need to take to both protect your claim, but also to protect yourself and others on the roadways. These steps can help ensure that you recover the maximum amount of compensation that you may be entitled to under Florida law, while also doing your part to keep our roads safe.

    Always Call Police, No Matter How Minor You Think the Crash Was

    If you are involved in a motor vehicle collision with a motorist who you suspect is intoxicated, always call the police. Even if it was a minor accident and you do not think anyone was hurt, still call the police.

    Not only is this creating a record of the accident to support your claim if injuries develop later, but drunk driving is illegal under Florida law and you would be summoning police to remove a dangerous driver who could potentially cause another accident after yours.

    Never Negotiate or Argue With a Drunk Driver

    If you suspect the other driver is intoxicated, do not try to reason with them. Just call the police and wait in your vehicle with the doors locked. Do not try to negotiate with an intoxicated driver who may try to “buy” your conscience to not call the police. Sometimes this is an effort to hide other illegal activities that could put you or others in jeopardy. This driver is already proven to be dangerous and could cause worse injuries to another person.

    This also means never argue with an intoxicated driver. In fact, once the police are summoned it may even make sense to just agree with the other driver to keep him or her calm and non-violent. Do not escalate the situation any more than it already is.

    Discreetly Take Photographs or Videos

    Not only should you take photographs or videos of the damage to your vehicle, traffic signs or markings, injuries, and other damage, but also try to discreetly take photographs or videos of the other driver that may be intoxicated. Having visual evidence of intoxication such as slurring words or falling over can support your claim. However, if this is agitating the other driver stop immediately or keep recording with the phone in your pocket only for audio. Above all, be safe.

    Get License Plate Information and Other Identifying Marks on the Vehicle

    Intoxicated individuals are prone to doing erratic things, and that may mean a drunk driver will try to flee the scene. Make sure to get the license plate and any other identifying marks of the vehicle and driver to track him or her down later when the police arrive.

    Get Evaluated at the Scene, and Get Transported if Recommended

    Never play hero at an accident. You may feel fine, but if first responders are recommending that you go to the hospital for treatment or further evaluation, then you should go. This could not only save your life, but also helps to create a record for your claim and document your injuries related to the crash. Make sure to be detailed and explain anything that hurts, even a minor backache, side pain, or a headache. These injuries could quickly become worse over the next few days and may even require surgical intervention in the future.

    Call an Experienced Tampa Bay Car Accident Lawyer 

    Here at Dumas & Sanclemente, we know that drunk drivers are a serious problem on our roadways. They threaten us and our families by making clearly negligent choices to drive. Even though driving while under the influence or ability impaired is illegal, far too many drivers still do it. The only thing worse than this is that insurance companies fiercely advocate to defend and protect these dangerous drivers.

    We think this is wrong. If you or your family were seriously injured due to a drunk driver in Tampa Bay or anywhere else in Florida, call us for a free consultation to learn how we can help protect your rights to compensation under the law. We will not stop until every drunk driver is held responsible for the damages they caused to innocent people. Learn how we can help you today by dialing (844) 400-2667 to schedule your FREE case evaluation or by using our convenient and easy-to-use message box at the bottom of our contact us page available here.

  • Nearly 10% of U.S. drunk driving deaths occur in Florida

    Drunk driving kills more than 10,000 people across the U.S. each year, according to the latest data from the National Highway Traffic Safety Administration. Nearly 10% of those fatalities occur in Florida.

    Annual drunk driving fatalities

    The NHTSA reports that a total of 10,511 people lost their lives in alcohol-related motor vehicle accidents in 2018. Texas was the state with the highest number of deaths, with 1,677, and California came in second, with 1,241. Florida was third, with 958 deaths. That number accounted for 31% of the state’s total car accident fatalities in 2018. It also accounted for just over 9% of the nation’s drunk driving deaths.

    Key drunk driving statistics

    Alcohol impairs a person’s judgment, reaction time and ability to drive safely. In Florida, drivers are considered legally drunk when their blood alcohol concentration level reaches .08 or higher.

    According to the NHTSA, drunk driving accidents:

    • Kill someone every 52 minutes in the U.S.
    • Killed more than 230 American children in 2018
    • Cost over $44 billion in deaths and damages per year
    • Are most common in the months of June, July and August
    • Are most commonly caused by young drivers, motorcyclists and drivers with prior DUI convictions
    • Are most likely to occur at night

    How to prevent drunk driving accidents

    Thanks to tougher drunk driving laws and ongoing public awareness campaigns, drunk driving fatalities have dropped by over 30% since 1985. However, there is still a lot of work to be done.

    Traffic safety experts say drivers should always arrange for a ride home or a place to stay overnight whenever they go out drinking. They also urge parents to educate teenage drivers about the consequences of drinking and driving.

  • Men face higher risk of dying in distracted driving accidents

    Car accidents are an unfortunately regular occurrence in Florida. However, many such as those caused by distracted driving are preventable. Men face a higher risk of death in those types of crashes.

    How serious is distracted driving?

    Distracted driving is one of the most serious problems facing everyone on the road. In 2020, car accidents caused by distraction claimed the lives of more than 3,000 people. When a person is distracted while driving, the consequences can be deadly. Certain habits can even cause all three types of distractions: cognitive, visual and manual.

    Men are more likely to die from distracted driving

    Car accidents stemming from distracted driving are more likely to kill men than women. A vast majority of distracted driving crashes, 75%, involve male drivers. However, cellphone use behind the wheel is one of the least common issues leading to these accidents.

    A variety of habits behind the wheel can cause distracted driving accidents. Distractions include eating, fiddling with controls, reading, reaching for moving objects and conversations with passengers.

    In 2020, 2,125 men were killed in car accidents stemming from distracted driving. This is in vast contrast to the number of women who died in these accidents, 781. According to the Insurance Institute for Highway Safety, there are various reasons behind this. One is that men travel more miles by car each year than women. Another is that they are more likely to take risks while driving.

    Younger men between the ages of 15 and 20 are also more likely to be distracted while driving. However, those in the age range of 25 to 34 comprise the group most likely to get into a serious distracted driving accident. This group is also more likely to pick up a cellphone while behind the wheel.

  • Things you must not do after a car accident

    If you’ve been in a car accident in Florida, you may be feeling a range of emotions. Those emotions could include shock, confusion, anger and frustration. While you’re in that heightened state, it’s easy to make mistakes you’ll regret later.

    There are several things that you should never do after a car accident. By avoiding these mistakes, you’ll be better able to protect yourself legally and ensure that the process of recovering from your accident is as smooth as possible.

    You leave the scene

    The one thing you should never do after a car accident is to leave the scene. This is considered a hit-and-run, and it’s a very serious crime that can land you in jail. If you can, swap information with the other driver involved and call the police.

    You neglect to call your insurance company

    Another mistake to avoid is failing to call your insurance company. Many people think they can just handle car accident repairs on their own, but your insurance company will need to be involved in order to process your claim. Not using them could void your insurance coverage and make it harder to get compensated for the damages. Additionally, it’s important to get an official report from the police for your insurance company.

    You admit fault at the scene

    You should also never admit fault at the accident scene or sign any documents without reading them first. Even if you suspect you may be at fault, it’s best to wait until you’ve spoken with an attorney or your insurance company before admitting to anything.

    You speak to the other party’s insurance company first

    It’s important to avoid talking to the other individual’s insurance company without first speaking to your own. The other driver’s insurance company may attempt to get you to say things that could damage your claim, so it’s best to just provide them with your name and contact information. Then let your own insurance company handle the rest.

    You don’t seek medical help

    Don’t forget to seek medical help. Even if you don’t feel like you were injured, it’s always best to get checked out by a doctor after an accident. Injuries can sometimes take days, or even weeks, to manifest, so it’s important to get a professional opinion.

    If you follow these tips, you’ll be able to protect yourself after a motor vehicle accident and ensure that the process of recovery is as smooth as possible.

  • What to do After Getting Injured in an Uber/Lyft

    Tampa Bay Ridesharing Accident Lawyers Explain What to Do After Getting Injured in an Uber/Lyft

    The advent of ridesharing apps like Uber and Lyft have made travel from one place to another in Florida more convenient. It has also made travel much safer by providing cheaper and more accessible options to get home after a night out with friends or colleagues. This is particularly true of younger generations who are more tech-friendly and apt to be out enjoying some of the Tampa Bay area’s night entertainment. However, while ridesharing has many benefits, our Tampa Bay car accident lawyers know that ridesharing apps also have some drawbacks. According to research from the University of Chicago and Rice University, ridesharing services have increased traffic deaths by 2%-3% in the United States since 2011. This equates to as many as 1,100 additional fatalities a year. While that may not sound like a lot, insurance statistics reveal that Florida is already the third-highest state in traffic fatalities with almost 3,200 wrongful deaths annually.

    Unfortunately, Florida ridesharing accidents not only increase the risk of wrongful death or injury but also the difficulty in handling these types of cases. That is because Uber, Lyft, and other ridesharing companies are not set up like a taxi company. Drivers are considered to be independent contractors rather than employees, meaning that the employer may not automatically be vicariously liable for the actions of their employees (known as respondent superior). Insurance companies know this and typically point fingers between the ridesharing company, the driver, and even back to the victim. Do not let this happen. Call the ridesharing accident lawyers at Dumas & Sanclemente to help with your motor vehicle accident in Florida.

    Steps to Take After a Ridesharing Accident

    There are some steps that should be taken before and after a ridesharing accident to ensure that a victim and his or her family recover the compensation that they need for medical bills, lost wages, future lost earnings, loss of consortium, and of course pain and suffering. Taking these steps will not guarantee success in your case, but it will greatly increase the likelihood that you will have a stronger claim than if you did not follow these steps.

    Before Getting into the Ridesharing Vehicle

    Since ridesharing accidents are not like other types of motor vehicle crashes due to the complex matrix of parties and liability, victims need to protect themselves because they cannot expect the insurance companies to play fair. This starts before you even get into the vehicle. Some important steps to take include the following:

    1. Ensure the driver’s photo matches the driver who is picking you up. Some drivers may not be able to get an account but could use a friend or family member’s ridesharing account and vehicle. This is dangerous for several reasons because you do not know this individual, the ridesharing app does not either, and there may be reasons why the ridesharing app denied the application of the driver (i.e., suspended license). Also confirm the picture matches the person picking you up.
    2. Confirm the license plate on the app to the license plate on the vehicle.
    3. Keep the app open and active the entire time. Ridesharing apps will deny all coverage and responsibility if the ridesharing app is not active. If you are in an Uber or Lyft and your app unexpectedly freezes or closes out, this could be a ground that the ridesharing app will use to deny coverage.
    4. Ensure your phone has sufficient battery life for the duration of the ride.

    After a Ridesharing Accident

    If you have been involved in a ridesharing accident, stay calm. Take these steps to protect your life and your claim:

    1. Call 911 and attend to the immediate medical care of you or another in the vehicle. This includes first aid until help can arrive to take over. Do not delay in calling for help and be clear to ask for an ambulance if someone is hurt.
    2. Tell first responders and police what happened. Be sure to explain and be clear that you were actively in a ridesharing app at the time of the accident and insist that this is put into the police report.
    3. Gather information or ask the police to if you are too injured. This includes the insurance information of the ridesharing driver, and any supplemental insurance information that the driver may have with Uber or Lyft. Also make sure to get the insurance information of any other vehicle involved in the collision. Even if it may appear that it was not the other motorist’s fault, liability can be very tricky. Leave that determination up to a Tampa Bay ridesharing accident lawyer.
    4. Take photographs and videos of the scene and injuries, including all debris fields, traffic markings, and points of impact on vehicles. If you do not have the ability to take photographs or videos, make sure to take down notes.
    5. Take a screenshot of your ridesharing status. This is super important because if the ridesharing app tries to claim that you were not actively in a ride, they will try to disclaim. But if you take a screenshot of the screen demonstrating the ride is still ongoing, and even better of the geographic/map location which matches the accident location, that will be irrefutable evidence of the collision.
    6. Collect witness information from others that may have witnessed the crash from another vehicle, home, or pedestrian. Make sure to have two forms of contact (cell phone and email or address), and get a full name. This can be important to support your claim.
    7. Contact a Tampa Bay ridesharing accident lawyer as soon as you can to protect your rights.

    Call Dumas & Sanclemente for Ridesharing Accidents in Tampa Bay

    Unlike other types of motor vehicle accidents, ridesharing accidents have layers of liability protection for companies like Uber and Lyft. These companies also have some of the largest insurance companies and law firms representing them. This is why it is imperative to hire a ridesharing accident law firm like Dumas & Sanclemente to protect your rights to compensation after a negligent rideshare driver or other motorist harms you.

    Uber accidents and Lyft accidents are not normal types of car accidents, and the law on these types of cases is rapidly evolving and not well-settled. Call us today for a free consultation to learn how we can help you by dialing (844) 400-2667 to schedule your FREE case evaluation. You could also send us an email by using our message box at the bottom of our contact us page available here.

  • The latest accident statistics for Florida boaters

    While the total number of boating accidents recorded last year was down from the previous one, the bad news is that there were still a total of 751 mishaps. Boating accidents caused 60 fatalities, 469 injuries, and $20 million in property damage overall.

    The total of boating accidents has decreased

    The number of boating accidents actually decreased from the figures that were recorded in 2020. These included a total of 836 accidents and 79 fatalities. The number of boating accidents in Florida increased by a wide percentage along the Treasure Coast. This area was the source of 43 accidents in which four people were killed. However, Miami-Dade is still the area with the most recorded boating accidents, listed as 95. Monroe County also recorded a high number of accidents at 91.

    Most common causes of boating accidents

    Many boating accidents are caused by the same kinds of issues as motor vehicle accidents on the highway. These include speeding, not wearing proper protective gear, and distracted driving. A boat takes longer to react than a car does, so you have to plan moves earlier than you would in an automobile. According to experts in the safety industry, the most common causes of boating accidents were collisions with other vessels or fixed objects.

    The number of vessels being registered in Florida increases with each passing year. This is largely due to the fact that over 1,000 people per day relocate to Florida. Many of these people are moving here because of the widespread water access and ubiquitous boating culture. As a result, boating safety and boating accident prevention have never been more important.

  • The different types of distracted driving

    Driving in Florida can be a very engaging task. To get to your destination successfully, you must involve every part of your body, including your eyes, ears, hands, legs, and, more importantly, your mind. As such, anything that interferes with any part of your body when behind the wheel is a distraction.

    Cognitive distractions

    This is a leading cause of motor vehicle accidents . They include daydreaming, being lost in thought, being engrossed in a conversation with your passengers or driving under the influence. Your reaction time significantly slows down when your mind is preoccupied or you are intoxicated.

    Auditory distractions

    Anything that takes away your hearing while driving is an auditory distraction. This could be playing music too loudly, talking on the phone or having a heated discussion with someone in the car. While you might think you can still pay attention to the road while engaging in any of these activities, research has shown that you cannot. You will likely miss important sounds such as a siren or another driver honking at you.

    Physical distractions

    These are distractions that take your hands off the wheel. They include fidgeting with the car’s controls, adjusting the seat or mirrors, eating, drinking, smoking and, more commonly, using a cell phone. These actions are quite dangerous because your hands are not in the proper position to make quick maneuvers in case of an emergency.

    Visual distractions

    These could be looking at something on the side of the road, checking directions on a GPS device, reading a text message and, of course, taking your eyes off the road to look at something in the car. You need undivided attention while driving to avoid missing important cues such as a stop sign or a pedestrian crossing the street.

  • What to Do After a Rear End Car Accident?

    Protecting Your Rights in Florida: Steps to Take After a Rear End Car Accident in Tampa Bay

    One of the most common types of motor vehicle crashes is a rear end car accident. This is when the frontend of one vehicle collides with the backend of a vehicle ahead of it. While most rear end collisions are nuisance fender benders, unfortunately some rear end collisions can result in serious personal injuries. What is worse is that many personal injuries from rear end accidents are soft tissue injuries that can take days, weeks, or even months to manifest themselves. This means that a victim may not immediately complain of the injury after a crash and the injury may not be documented until it is far enough from the collision that an insurance adjuster or defense lawyer will claim that it is not related. Our Tampa Bay rear end car accident lawyers have seen this scenario way too often.

    This is why our lawyers at Dumas & Sanclemente want you to learn how to protect your rights to a claim after a rear end car accident in Florida. This is especially true if you do not believe you have suffered any personal injuries after a collision. Insurance companies train their adjusters how to minimize, undervalue, and outwards deny certain types of claims and rear end collisions are typically very defensible if injuries are not immediate. Learn what to do after a rear end car accident in Florida.

    First Step is Understanding the Law

    The first thing you should know about a rear end collision is that the following vehicle which hits from behind is usually at fault. There is even a presumption of that liability under Florida law. The relevant statute of Florida Statute section 316.0895 which governs “following too closely,” and provides under subsection (1) that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.” Therefore, if a defendant hits you from behind it is likely this statute has been violated and it is very difficult for a defendant to escape liability.

    Liability Can Be Automatic in Certain Instances

    If a defendant rear ends your vehicle and causes personal injuries, it is likely that the defendant will be found automatically liable under the doctrine of negligence per se. This legal doctrine allows a plaintiff to hold a defendant liable where the following elements are met:

    1. the defendant violated a statute
    2. the statute was meant to protect the class of persons that the plaintiff was in (i.e., another motorist), and
    3. the statute was meant to protect the plaintiff from the particular harm that occurred (i.e., injuries from a motor vehicle crash).

    This is in addition to the common law principle of negligence, which is another viable cause of action or claim against a defendant. This principle requires all motorists to exercise reasonable care under the circumstances in the use or operation of their motor vehicle. A driver who rear ends another vehicle for following too closely is not operating a vehicle with reasonable care. While liability here is not automatic, it is still difficult to overcome.

    How Insurance Adjusters Could Trick You

    There are some defenses to rear ending another vehicle to escape liability or shift blame back to the plaintiff. And insurance adjusters know all of them and will try to get you to admit to each of them, sometimes right in order from a list. While you should not be talking to an insurance adjuster or defense lawyer without first hiring a Tampa Bay car accident lawyer, sometimes in particularly bad cases the insurance adjuster will reach out to you—sometimes even in the hospital—to pretend to be your friend, get incriminating statements, or even try to get you to settle for way less. Do not fall for that.

    The most common defenses an insurance adjuster may try to get you to accept include the following:

    • Slammed on the brakes
    • Late directional signal to turn
    • Avoiding an animal
    • Braking or maneuvering to avoid a pothole or roadway damage
    • Avoiding a pedestrian or cyclists
    • Mechanical failure of your vehicle
    • In a chain pileup, that you hit the vehicle in front of you too (which means you were following too closely or that it was impossible for the defendant behind you to stop), and
    • Other tricky defenses.

    Step Two is to Always Get the Accident Reported to Police

    Whenever you are involved in a motor vehicle accident that is more than a little bumper tap, you should call the police. Whether or not you are injured, it needs to be reported to law enforcement. This allows for the creation of an official record of the accident, the parties involved, and the date and time. Police accident reports also allow you to indicate injuries. At this time if you have any minor pains or aches, even if vaguely, report it to responding officers. This creates a record of your injuries related to the crash.

    Third Step is to Get Evaluated or Go to Your Doctor for Treatment

    Even if you do not think you have been injured, any minor pain needs to be addressed and documented by a healthcare provider. This is particularly true of any head injury. Even a minor headache could be the early signs of a deadly brain bleed, disabling concussion, or other catastrophic traumatic brain injuries (TBI). Even if you do not believe your head injury is serious, know that brain injuries can occur even if you do not hit your head and can slowly worsen due to chemical changes in the brain (due to an impact or injury to the head).

    Other types of soft tissue injuries like neck pain, back pain, and some forms of shoulder or hip pain could be very minor and slowly become disabling. But in a matter of weeks a victim may be unable to move, sit up comfortably, or use the joint. In some instances, a cervical fusion or lumbar fusion may be necessary to stop debilitating pain. These are very serious and life-changing surgeries that result in permanent disability and range of motion restrictions. And if you do not have it documented with your physician, an insurance adjuster or defense lawyer will argue that it is not causally related to the accident. Sometimes a judge or jury could believe it too, which could really hurt your case.

    Final Step is to Contact a Tampa Bay Rear End Car Accident Lawyer

    Before you begin to negotiate a claim or try to handle a claim on your own with a well-trained insurance adjuster, who is often supported by a defense lawyer, know that hiring a lawyer is easier and not as expensive as you may think. This is because great personal injury law firms like Dumas & Sanclemente accept cases on a contingency fee agreement. This means that do not get paid until we win your case, and we only get paid a percentage of what we recover for you plus reimburse for ligations costs (mailing, photocopying, expert fees). There is no upfront financial cost to hiring our law firm, and no out-of-pocket risk to owe us any money.

    We also offer free consultations to review your case against the law and advise you whether you have a valid claim under Florida law. If you or a loved one have been injured in a rear end car accident in Tampa Bay or anywhere else in Florida, pick up the phone and call us today by dialing (844) 400-2667 to schedule your FREE case evaluation. You could also send us an email by using our message box at the bottom of our contact us page available here.