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Category: Motor Vehicle Accidents

  • Understanding the hidden damages of a car accident

    The damages involved in a car accident can be significant. It is no wonder Florida’s no-fault laws require car drivers to carry a minimum of $10,000 worth of personal injury protection. The problem is that we do not always realize the extent of the damages until it is too late. They can far exceed what the insurance will cover. If you suffered injuries from a car accident, you might want to pursue a personal injury lawsuit. However, you should understand the hidden costs and damages in a car accident to maximize the settlement.

    The financial costs

    The vehicle repairs could be more extensive than you initially realized. You may have suffered physical injuries that take longer to manifest. Here are other financial expenses you should consider:

    • Income loss
    • Medical expenses and medication
    • Rehabilitative costs
    • Vehicle damage
    • Property damage
    • Traffic fines
    • Increase in insurance premiums
    • Additional and unexpected car repairs
    • Towing services
    • Vehicle rentals or temporary transportation fees

    It is not enough to account for the immediate damages. You must be aware of how the accident will change your daily life. When you cannot work or physically care for your family, you might even need to hire help. Sometimes, the damages are not only financial.

    The emotional costs

    After a car accident, a person can have difficulty driving again. Serious motor accidents can result in posttraumatic stress disorder or PTSD. It could put a strain on your relationships at home and work.

    A car accident can seriously affect your life. Failing to account for all the economic and noneconomic damages you incurred from the car accident might lead you to settle for less than what you need to make a full recovery.

  • Are you a victim of road rage?

    We have all experienced road rage. It is when a person gets behind the wheel while experiencing extreme anger and taking it out on other drivers or pedestrians. Road rage is much like drunk driving in that the driver’s uncontrollable anger may impair their mental faculties the way alcohol would. It is also one of the leading causes of motor vehicle accidents. The problem is that it is more challenging to make a claim against an angry driver than a drunk one. Breathalyzers only account for intoxication, not aggression. How would you know then if you are a victim of road rage?

    How to tell if another driver is exhibiting signs of road rage

    Drivers experiencing road rage are more prone to dangerous behaviors on the road. They tend to project their stress and hostility toward unsuspecting drivers, cyclists and pedestrians. When on the road, you should be wary of unreasonably aggressive drivers. Here are signs you should watch out for:

    • A driver speeding or attempting to speed even in traffic
    • A driver tailgating or following behind other vehicles too closely
    • A driver ignoring traffic lights or road signs
    • A driver changing lanes without signaling
    • A driver honking their horn nonstop
    • A driver shouting or making obscene hand gestures

    If you feel that an aggressive driver is displacing their anger toward you, do not engage. It can be a terrifying experience when an angry driver is targeting and victimizing you. Try to maintain a safe distance behind them. Remember that they have already lost their temper, so do not lose yours.

    What if the aggressive driver causes a car crash?

    Immediately call the police because they may be capable of more than just property damage. You can pursue a personal injury lawsuit since the driver drove recklessly and negligently. Just because you chose to stand down while the driver was victimizing you on the road does not mean you should do the same in the courtroom.

  • Things to keep in mind following a motor vehicle accident

    To say the risk of getting into a motor vehicle accident in Florida is high would be an understatement. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 2021 saw a total of 401,533 car crashes. Of those crashes, 163,961 led to injuries, while 3,445 were fatal.

    If you get involved in a motor vehicle accident, your immediate concern should be your safety. You must seek medical attention as soon as the first responders arrive at the scene. Treatment is a priority before any talk of insurance or filing a lawsuit against the other driver happens.

    But apart from medical treatment and discussing insurance, you should keep a couple of things in mind when handling an accident.

    Reporting to the police

    State laws say that drivers involved in a crash must report the incident to the police if at least one of two conditions are met:

    • If the collision caused at least $500 worth of vehicular or property damage.
    • If the collision led to an injury or death.

    If none of these conditions apply, you must accomplish a crash report on the FLHSMV website. But if you’re looking to sue the other driver for damages, a police report will be essential for your case.

    No-fault insurance

    Florida is a “no-fault” auto insurance system state. Regardless of who may be responsible for the collision, insurers will cover motorists’ injuries through Personal Injury Protection (PIP) for up to $10,000. But once your medical expenses go beyond this cost, you may file a lawsuit against the other driver and their insurer for additional compensation.

    Statute of limitations

    The state’s statute of limitations gives drivers four years from the date of the incident to file a lawsuit for compensation. Four years may sound like a lot of time, but considering the time it would take to recover from traumatic injuries such as fractures or possible brain injuries, those four years could easily slip by. You should keep this timeframe in mind, or else your claim will be barred if you miss the deadline.

    If you are involved in a motor vehicle accident, you can’t just threaten the other driver with a lawsuit on the spot – there’s a system and process in place which will allow you to seek compensation. Injured motorists might want to discuss their situation with an attorney to determine their next course of action.

  • 4 ways to recover financially after a car accident

    Many car accident victims struggle to pay for their medical bills and other related expenses after recovering. A serious injury may also keep someone from working indefinitely, leaving them with no means to pay their bills.

    After an accident, these are some bills you can expect to pay:

    • Hospital and emergency room bills
    • Medical free consultations
    • Physical Therapy
    • Prescription medication and
    • Vehicle repair costs

    As you can imagine, all these fees will add up and make it difficult to stay afloat financially. Exploring the following options may help you ease your financial burden.

    1. Set up payment plans

    In Florida, all drivers must have Personal Injury Protection (PIP). Regardless of who caused the collision, this no-fault insurance could help pay up to $10,000 of your medical expenses and lost wages.

    Moreover, many hospitals and doctors are sympathetic to patients. Try to explain your situation and negotiate your payment. The hospital could agree to reduce your bill or offer financial assistance.

    Similarly, notify your landlord or mortgage lender immediately. They may be willing to provide a workaround, such as a repayment plan.

    1. Recover expenses from the at-fault driver

    If the accident was not your fault, the at-fault driver’s insurance provider might be able to reimburse you for the amount you spent on treatment and repair bills following the collision.

    Additionally, you may be able to hold them accountable for future medical expenses, lost wages, and diminished earning potential.

    1. Review your budget

    You will likely have to pay some fees yourself. Hopefully, you have an emergency fund set up, but in case you do not, review your expenses and look for areas where you can make cuts. Organize your finances so you can monitor your spending.

    1. Take out a loan

    Victims in the middle of a lawsuit can consider taking a pre-settlement loan to help keep themselves financially secure until their case settles. However, if you win your case, you will need to pay the pre-settlement loan back along with applicable interest and fees.

    Recovering from an accident can take a toll on anyone but remember you are not alone. If you are having trouble collecting payments from the at-fault driver or your insurance company, it may be time to contact a car accident lawyer.

  • Car accident deaths: damages for the victim’s family

    It is difficult for the surviving family of a motor vehicle crash victim to pick up where they left off since the death of a loved one significantly changes the family’s dynamic and lifestyle. If the member involved in the motor vehicle crash is the household’s primary source of income, the family would also have to adjust significantly to continuously provide for their well-being. With this issue, they may consider seeking damages against the driver at fault.

    “No-fault” rule and exception

    Generally, Florida is a no-fault car insurance state. This means that the drivers will recover compensation from their respective insurers no matter who is at fault. However, an exception is if the victim suffers a permanent injury which includes death. In this case, the victim’s family may bring a claim against the at-fault driver.

    Common damages

    Florida laws protect the family members of car wreck victims and allow them to recover damages for the loss of their loved ones, given the circumstances of the crash permit them to do so. Common compensation that the law entitles families of victims to receive may include:

    • Medical bills
    • Funeral and burial costs
    • Pain and suffering
    • Loss of income
    • Punitive damages or the defendant’s payment for the offense
    • Property damage

    Seeking compensation for the loss of a loved one can be a tedious process. But knowing that there are damages available for the surviving family members of victims can ease any financial worries that they may have.

  • Tips to prevent motorcycle accidents

    Florida had an estimated 620,077 registered motorcyclists in 2022. The warm and sunny weather encourages many residents to ride motorcycles. But the joy of riding in Florida isn’t without its dangers.

    Motorcyclists have a high risk of accidents on local streets. Here are some tips to prevent motorcycle crashes and make your rides safer.

    Practice caution at intersections

    Motorcycle accidents occur often at intersections. Some drivers are notorious for running red lights. This is why motorcyclists should wait a second before stepping on the gas. Also, anticipate what the driver in front of you intends to do. Watch carefully for turn signals.

    Make yourself visible

    Motorcyclists are sometimes easy to miss – especially at night. Consider wearing bright colors and reflective gear. Or go a step further and add bright colors and reflective gear to your motorcycle. And remember, your headlight makes you visible during the day and night.

    Pay attention to road conditions

    Bad roads are hazardous for motorcyclists. Driving over a pothole could cause you to crash. A rocky or bumpy road could also cause a motorcycle accident. Watch for road hazards during your ride.

    Wear a helmet

    A motorcycle helmet can’t prevent an accident. But it might save your life should an accident occur. Failing to wear a helmet could result in brain injury from an accident.

    Avoid speeding

    Motorcycles are built for speed – but not when you’re on public roads. Save the speeding for track racing. Speeding is a cause of accidents for motorcycles and other motor vehicles. Slow down and drive the speed limit.

    The tips mentioned here will make your rides safer. When you practice safety, the roads become safer for everyone.

  • Timeline for resolving truck accident claims in Florida

    The vehicular damages and physical injuries resulting from truck accidents are often much more extensive than those for smaller cars. With the trauma it carries, one can only hope for the process of resolving the truck accident claim to be as seamless and stress-free as possible. The good news is that the state of Florida has a favorable process for handling truck accident claims. The unwelcome news, however, is that the timeline for resolving such claims can still take weeks or even months, depending on your circumstances.

    Insurance claims

    Florida Statute 627.4265 requires all drivers to have insurance coverage, regardless of whether they own the vehicle or not. The timeline for insurance claims for motor vehicle accidents will depend on the insurance company you are with. Some companies may take weeks or even months to process your claim. But after agreeing on the settlement, the law dictates that the insurance company must pay within 20 days.

    Tort claims

    If you were injured in an accident caused by another driver’s negligence, you might be able to file a personal injury lawsuit against them. This type of claim is known as a tort claim.

    The amount of time it will take to resolve a tort claim will depend on several factors, such as the severity of your injuries and the cooperation of the other driver. If you are able to reach an agreement with the other driver, your case could be resolved relatively quickly. However, if you are unable to reach an agreement, your case may need to go to trial, which could take months or even years to resolve.

    The possible compensation you could receive from a tort claim includes medical expenses, lost wages, pain and suffering and property damage. However, this amount would be affected by your level of contribution to the accident. Compensation for truck insurance claims, on the other hand, will significantly depend on the premiums you pay, but the standard insurance policies in Florida typically have limits of $25,000 to $50,000 for bodily injury and $25,000 for property damage.

  • 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.

  • Teen drivers face deadly summer risks

    Summertime sees a lot of activity pick up on Florida roads. With many destinations appealing to locals and tourists, expect to see many motorists traveling more frequently between Memorial Day and Labor Day. Unfortunately, those 100 days could be deadly for drivers, and teens may be at the most significant risk.

    Summer’s 100 deadly days

    Adults and teens alike may need to be additionally careful on roads in the summer. Special hazards could exist in Florida, making Sunshine State travel even more dangerous. For example, tourists unfamiliar with locale routes may suffer from distracted driving. Festive partygoers might take to the roads intoxicated. Humidity could cause torrential rains, leading to dangerous driving conditions.

    Experienced drivers may have a challenging time dealing with summer driving risks. Teen drivers lack experience, and a 16-year-old with a new license may lack the defensive skills necessary to avoid a crash. Perhaps adults should spend additional time teaching teen drivers defensive skills.

    Teens make mistakes on the road

    Teenage drivers are often victims of motor vehicle accidents, and many crashes result from a teen driver’s failings behind the wheel. New drivers may take chances, and teens could become prone to speeding. Younger persons might become impatient behind the wheel and commit dangerous moving violations.

    Teens traveling with too many passengers might face dangers. Several passengers could contribute to distractions which may contribute to a crash. Drivers should avoid distracting behaviors, such as concentrating on the infotainment system’s touchscreen.

    Adults might set rules, including no passengers or nighttime driving. These rules might reduce a teen’s chances of causing a crash. Remember, those liable for any harm inflicted during an auto accident could face a lawsuit. In some cases, a teen’s parents may be part of the lawsuit if their behavior factored into the accidents.

  • Distracted driving continues to be a serious problem

    Drivers may run into problems concentrating on the road. While many might snap back into focus, others could allow their distractions to cause an accident. Florida has its share of drivers who embrace troubling behaviors on the road, such as texting, calling or reviewing voicemails. Yes, smartphone use remains a dangerous distraction for drivers. People continue to use their smartphones and apps despite significant publicity about the dangers.

    Smartphones and distracted driving

    Two credible studies, one conducted by State Farm insurance and one run by AAA, revealed significant numbers of drivers read emails while operating a vehicle. With hands, eyes, and attention taken away from the car and road, drivers unnecessarily put themselves and others in enormous danger. While most drivers wouldn’t do such a thing, enough drivers embrace such behavior and could cause potentially fatal accidents.

    Many people use their smartphones compulsively, and they can’t wait until they stop driving to use them. Texting and reading emails aren’t the only risky uses of a smartphone. Even using the device to access GPS instructions is dangerous. And those dangers don’t go away when engaging a hands-free feature either.

    Distractions and liabilities

    Smartphone use isn’t the only path to distracted driving, but it is highly prevalent. Other behaviors are just as bad, and they predate texting-and-driving by decades. Namely, eating or drinking while driving could cause enough of a concentration lapse to cause motor vehicle accidents.

    Engaging in unnecessary, distracting behaviors could support any negligence claims after an accident. Drivers who don’t make safety a top priority might be liable for any harm they cause. A driver may rely on an insurance policy to protect from financial devastation, but the damages could be beyond the policy’s limits.