North Florida Injury Lawyer Blog

Can I still pursue a personal injury case if I tell the police officer that I was not hurt or injured at an accident scene in Florida? In most Florida automobile accident cases, the local sheriff, police department and/or the Florida Highway Patrol are called to the scene of the accident. The responding officer will assess the accident scene and take statements from the drivers and witnesses. One such question that is asked by the police officer is: Were you hurt or injured as a result of the accident? If a person responds no and declines any help, assistance, or evaluation from fire rescue or a local emergency room, does the person waive legal rights to pursue a claim for personal injury? The simple answer this question is "No". Often times, a person, in a traumatic Florida automobile accident, does not realize or appreciate the injuries that he or she may have sustained as a result of the accident. Furthermore, with many neck, back, and / or extremity injuries, the signs and symptoms of, often times do not appear until a period time after the accident. Perhaps, the signs and symptoms show up that night or the following morning. In Florida, there is a four-year statute of limitations in order to file a lawsuit for most personal injury cases involving an automobile accident.

Once a person realizes or feels the effects of the personal injuries from an automobile accident, from a practical and medical standpoint, immediate medical care should be obtained from an emergency room, urgent care center, or other medical provider. Insurance companies will question or closely evaluate a claim that does not result in immediate medical care. However, many claims and cases are settled or result in a significant jury verdict even when the person does not complain of pain in the accident scene immediately.

It is important when a person is a victim of an automobile accident case to seek legal advice, consultation, and representation by qualified Florida Personal Injury Attorney. An injury victim can get advice and an explanation of the applicable Florida law that relate to the Florida automobile accident and compensation for the personal injuries resulting from the accident.

Wood, Atter & Wolf, P.A. is a law firm based in Jacksonville in Ponte Vedra Beach Florida that has represented injury victims since 1957. The attorneys and staff at Wood, Atter & Wolf, P.A. are very familiar with the applicable Florida laws as well as the practicalities involved in a Florida automobile accident case. The Wood, Atter & Wolf, P.A. website has several articles and sections that pertain to Florida automobile accident case. See Florida Traffic Rules, Statutes and Regulations - Frequently Asked Questions. If the case or automobile accident involves injuries to a minor child, the book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment - Medical Bills, and other topics. This book can be obtained for free at The ABCs of Child Injury.

Florida car accident should I treat under my health insurance for my automobile insurance? When a person is injured as a result of an automobile accident in the state of Florida they're often questioned as to how medical bills will be good. Will it be paid through the injury victim's automobile insurance or health insurance? In Florida, automobile insurance policies are required to have PIP otherwise known as Personal Injury Protection on the insurance policy. When a person is a victim in a Florida automobile accident and suffers personal injuries, Florida law provides that PIP coverage is primary to other forms of insurance. In other words, a person should first use their PIP coverage and then use the health insurance or other forms of insurance for additional insurance coverage or payment of medical bills. Personal Injury Protection (PIP) coverage typically will pay 80% of the medical bills submitted better reasonably related to an automobile accident. Because the laws and forms of insurance can be quite complicated, it makes sense for a person involved in a Florida automobile accident to retain the services of a Florida personal injury attorney for advice, consultation, and legal representation. It should be noted that not all Florida medical providers accept PIP insurance as a payment form for services provided. Because of this, it is even more in court to consult with a personal injury attorney to find out which doctors in the community accept PIP payments and which doctors are experienced in treating traumatic injuries associated with an automobile accident. For more information regarding automobile accident cases and claims in the State of Florida see Florida Automobile Accident. See also Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, passengers are the unfortunate victims of automobile accidents. Some suffer very serious personal injuries due to the negligence of one or more drivers. When a passenger suffers personal injuries in a Florida automobile accident, the passenger has the legal right to the person or persons at fault for the accident. Furthermore, the passenger has the legal right to pursue the owner of any vehicle in which the driver was wholly or partially at fault for the automobile accident. Florida is a comparative fault state. In other words, the fault or liability for an automobile accident can be apportioned or assessed against more than one driver depending on the facts and circumstances of the accident. Whether one or more than one driver is at fault, the passenger typically bears no fault or responsibility for the automobile accident.

When a passenger is injured in an automobile accident, it is important to for the passenger and his or her family to know what legal rights the injured passenger has to compensation, damages, and insurance benefits. A claim or case may be pursued against the driver of the vehicle occupied by the passenger if that driver was liable or at fault in whole or part for the automobile accident. Cases and claims can be complicated as to coverage especially when the vehicle is driven by a parent or household family member. When a person is injured in a Florida Automobile Accident, it is often times helpful and important for the injury victim to retain the services of a Florida Automobile Accident Attorney for advice, consultation, and legal representation. These claims or cases are handled on a contingency basis. In other words, if there is no financial recovery of money, there will be no costs or attorney fees assessed to the client from the law firm. Wood, Atter & Wolf, P.A. is a Florida law firm that has been representing personal injury automobile accident victims since 1957.

Florida roads and highways are often the sites of tragic automobile accidents. One such automobile accident was reported in Duval County, Florida. It was reported by the Jacksonville Times Union that a driver of a Toyota vehicle pulled into the path of a semi truck. The driver and two passengers in the Toyota died as a result of this Florida automobile / trucking accident. Since this Florida accident resulted in deaths, the Florida Highway Patrol will be conducting a homicide investigation to determine the cause and preventability of this tragic automobile / trucking accident. The deaths of the people in the Toyota will certainly be a great loss for their families, neighborhoods, and communities. See Tragic Automobile / Trucking Accident Reported in Maxville Florida.

This is a question that is often posed by injury victims who have been in a Florida automobile accident. When a person is injured in an automobile accident, the injury victim may qualify for benefits under an automobile insurance policy held by the injury victim or a resident family member. Not all that all medical providers in the State of Florida accept PIP benefits under an automobile insurance policy. In fact, more medical providers do not accept such payments as compared to the medical providers that do. Currently, there is no list online or through an automobile insurance policy or otherwise that provide the names of the medical providers in a particular community that accept personal injury protection benefits for an automobile accident. How I do I find out if a particular medical provider accepts PIP benefits? This is another good question. There are several ways in which you can make this determination. You can contact the medical provider directly and ask the assistant or the office manager if the PIP benefits are accepted for payment. You can also ask a friend who may have been in an automobile accident where he or she got treatment and if the benefits are accepted by the medical provider. Alternatively, you can contact a Florida personal injury attorney for help and guidance regarding medical providers in the community that accept PIP and treat automobile accident victims.

Florida automobile Insurance policies, laws, and especially PIP benefits and provisions can be quite confusing to the typical person. Because of this is an important to contact me Florida automobile accident attorney for consultation, advice, and legal representation when there is a Florida automobile accident. A Florida personal injury attorney can let you know what resources and medical providers are available in the community that will treat a patient under PIP and Med Pay benefits. There is no legal requirement that any particular medical provider accept automobile insurance benefits to treat a patient. In fact, some medical providers have made a business decision to specifically reject or not accept benefits under the PIP policy. Some of these medical providers may believe that the type of work is beneath them or simply a hassle especially if litigation made may result. Other medical providers who accept PIP benefits are more understanding and except accept this form payment with the knowledge that the person needs the medical care and has no other source of payment. There may be no other benefits available, and, yes, litigation may result in the future. Furthermore, some medical providers including orthopedists, neurologists, therapists, and chiropractors are just more comfortable treating automobile accident victims then others.

It is important when there is an automobile accident to understand your legal rights and the available insurance benefits. The automobile accident attorneys at Wood, Atter & Wolf, P.A. have been representing automobile injury victims in the State of Florida since 1957. The firm's motto - On Your Side - At Your Side - certainly applies to automobile accident cases. We are On Your Side - At Your Side - for legal advice and representation when you are a victim in a Florida automobile accident.

In Jacksonville, Florida, automobile accidents are recently reported and seen throughout the community. Jacksonville is known as the largest city in the United States from a land mass standpoint. There are highways, expressways, bridges, and other roads that are loaded with traffic. Because of the size and type of roadways throughout the community, automobile and trucking accidents are recently reports. Many of which result in serious personal injuries and some even result in the death of drivers, passengers, pedestrians, motorcyclists, bicyclists, and others. A serious automobile accident was recently reported by the Jacksonville Time Union on Mayport Road. It was reported that a woman suffered serious personal injuries that resulted when the truck (Ford Ranger) that she was occupying hit a light pole at Mayport Road and the Wonderwood Expressway. The injuries were reported as light threatening. Due to the circumstances of the accident and the severity of the injuries, the Jacksonville Sheriff's Office (JSO) will conduct an investigation to determine the cause and preventability of this automobile accident.

When a person suffers injuries as a result of a Florida automobile accident, there are often many issues and challenges faced by the injury victim. Where should I go for medical treatment? Who is responsible for my medical bills? What automobile insurance coverage is available for my injuries and medical bills? Do I have a legal case to pursue for my personal injuries? These are all excellent questions. Unfortunately, many automobile accidents in Jacksonville, Florida result in life changing injuries. When a person is injured as a result of the negligence or fault of another person, there may be legal remedies and compensation available to the automobile accident victim. Often times, it is helpful to consult with and hire a Florida personal injury attorney to get legal advice regarding liability, automobile insurance, rights of reimbursement, rights to compensation, medical bills, medical treatment and other matters. Wood, Atter & Wolf provides its injury clients and potential clients with a Free Consultation on all injury matters. If the case is accepted by the Jacksonville Florida law firm, then the case is handled on a contingency attorney fee basis (i.e. No Recovery - No Fees). It does not costs any money up front to hire the services of an experienced attorney to assist you or a family member with the Florida personal injury case or claim. At Wood, Atter & Wolf, we have been On Your Side - At Your Side for injury clients since 1957.

How long will it take to settle my personal injury case followed an automobile accident? The answer to this question like many legal questions is "it depends". Some automobile accident claims are settled soon after the accident when the injuries are very clear and the insurance limits are low. In most instances, it will take some time for the doctors to properly evaluate, diagnose, and treat the injury victim for a automobile accident related injury. It is not uncommon to have a patient or client treat for three months to six months following an automobile accident. In some cases, the treatment is even longer when the injury victim has ongoing symptoms including pain, discomfort, and loss of range of motion. Treatment can also be extended when a person requires a evaluation and care from a specialist like a neurologist, orthopedic surgeon, pain management doctor, and neurosurgeon. It is important for a person to have medical treatment and order address the injuries and complications brought on by an automobile accident. In most personal injury cases, the Florida personal injury attorney will wait until a person reaches and MMI which refers to at Maximum Medical Improvement. It is at this point in time that the doctors are able to summarize the care and treatment and also issue a final report as to permanent impairment when applicable. Generally speaking, it will take 3 to 6 months for most simple cases. It will take six months to a year I cases involving more extended medical care and treatment. And it will take one year to two years or longer if litigation is required in order to pursue or collect damages for compensation for accident related. Along the way, it is important for a person to have the advice consultation a representation of a Florida personal injury attorney to guide the person through the claims process and, when necessary the litigation process.

In Lee County, Alabama, an elderly couple (A.C. Jordan and Eunice Jordan) tragically lost their lives in a horrible accident that took place on New Years Eve. It was reported that the Jordans were travelling in a Lexus sedan that either had stopped or slowed down for some reason. A driver in a Ford Taurus vehicle rear ended the Lexus. Thereafter, the Jordans got out of their vehicle to inspect the damage. Then, a Ford pick up truck crashed into the Jordans and the Lexus. It was a very sad and tragic end to New Years Eve for the Jordans. These deaths amount to a great loss for the family, neighborhood, and the community of Live Oak, Florida where the Jordans resided.

Automobile accidents take place at all times of the day and night. Some are avoidable and some are not. Since traffic is unpredictable, it is important for all drivers to maintain look out and drive with the utmost of caution.

When a death takes place, there can be rights and remedies to the surviving family members depending on the facts and circumstances of the accident and the laws in place that pertain to the automobile accident. For more information regarding this accident see Elderly couple killed instantly on Highway 280 in Smiths Station.

What is uninsured / underinsured motorist coverage under a Florida automobile insurance policy? Uninsured / Underinsured motorist coverage is commonly referred to as UM automobile insurance coverage. UM coverage provides for compensation to a covered person when a Florida automobile accident is caused by a person who does not have bodily injury insurance coverage for a person. Alternatively, UM coverage provides for compensation when the at fault driver / at fault owner has bodily injury insurance coverage but the amount of coverage is insufficient to fully compensate the injury victim for his or her damages / personal injuries.

Prior to instituting and pursuing a claim under the UM portion of an automobile insurance policy, the injured person, through his or her Florida personal injury attorney, must first determine the extent of bodily injury coverage (if any) held on behalf of the at fault driver or the at fault owner. If there is bodily injury insurance coverage, a claim typically must be pursued and completed prior to collecting or obtaining compensation through a Florida UM insurance policy.

If the at fault driver or at fault owner does not have bodily injury insurance coverage, the injury victim, through the Florida personal injury attorney, typically must provide documentation that there is no coverage. In other words, there must be documentation in the form a letter or insurance declaration page showing that there is no bodily injury coverage. In Florida, the only coverage that is required on a motor vehicle is Personal Injury Protection (PIP) and Property Damage (PD). Bodily Injury coverage is optional. Therefore, there are no violations of Florida insurance laws if a person fails to have bodily injury insurance coverage. Because of this, many drivers and vehicle owners (in order to save money) decline to get the optional insurance coverage known as bodily injury insurance coverage.

An example of help illustrate how you UM insurance works. Let's say a person is in an automobile accident and fractures his arm that requires a surgery at a local hospital. The medical bills alone for the fractured arm and related surgery are in excess of $40,000. The at fault driver has a bodily injury insurance policy in the amount in the amount of $10,000 with XYZ insurance company. The injury victim maintained an insurance policy with XYZ company and has uninsured or underinsured motorist coverage in the amount of $50,000. Due to the extent of the personal injuries and related medical bills / expenses for this particular accident, the bodily injury insurance company should pay out policy limits of $10,000. Seeing that the injuries are worth well in excess of the $10,000, the injury victim can also pursue a claim against his underinsured motorist carrier for its policy limits of $50,000. The injuries and related damages of this case example are worth more than the $10,000 bodily injury insurance and also are worth more than the 50,000 in UM coverage. The UM carrier should pay its policy limits of $50,000. However, insurance companies do not always act reasonably, timely, or fairly. Because of the challenges and "red tape" of dealing with the typical insurance claim, it is often times helpful to have representation and advice from a Florida Personal Injury Attorney to make sure that your rights are protected and enforced to the full extent of Florida law.

When will I get paid for my medical bills, lost wages, property damage, and pain and suffering from a Florida Automobile Accident case? When a person is injured and otherwise suffers damages in an automobile accident case, there are are often questions involving the timing and amount of payment for the injuries and damages sustained in a automobile accident case. When will the medical bills paid? In an automobile accident claim, medical bills are typically processed or paid through PIP or Personal Injury Protection. Once the medical bills are properly submitted to the PIP carrier, the bills are paid within 30 days. However it should be pointed out that PIP ordinarily covers 80% of the medical bill. The remaining 20% of the bill that is not paid by PIP may be paid by medical / health insurance coverage. Depending on the medical provider the 20% that is not paid by PIP may be held as a balance pending the resolution of the personal injury claim. Some medical providers will require the payment of the 20% immediately or soon after the medical care is rendered. Because there are a number of Florida medical providers who accept PIP payments, a person of may be able to switch doctors if the person cannot afford to pay the 20% demanded by the medical provider. Most doctors who accept PIP payments will wait till the automobile liability claim or lawsuit is resolved in order to collect the 20% that is not paid up front by PIP.

Wage loss can be also be processed through PIP. PIP will pay 60% of the persons wage loss. The PIP insurance adjuster has 30 days to reimburse an injury victim for wage loss after the proper documentation is submitted to the insurance company. Typically, the PIP adjuster will require a wage history and physician statement or note as to the inability to work before processing the wage loss claim.

In many automobile accident and motorcycle accident cases, the PIP is exhausted or the PIP runs out before all medical bills and / or wage loss claims are paid. Most PIP policies provide for a cap of $10,000 for medical bills and wage loss combined. In other words, there is a total of $10,000 to cover medical bills and / or wage loss.

PIP coverage does provide for payment in a piece mail basis. In other words, medical bills and wage loss claims are processed and claimed in separate payments over time. Once proper documentation is submitted, the PIP carrier has 30 days to pay the claims.

While PIP does provide payment for medical bills and wage loss, there is typically a financial strain put on the injury victim. Because of the damages and losses caused by an automobile accident, PIP coverage is typically insufficient to fully and adequately compensate the injury victim. Because of this, the injury victim should seek compensation from additional sources of payment which may include bodily injury insurance coverage and Uninsured / Underinsured Motorist coverage (UM coverage).

Are lost wages recoverable to a injured motorcyclist or biker in a Florida motorcycle accident? In Florida, motorcyclists and bikers are the unfortunate victims of motorcycle accidents on Florida highways and roads. Many such accidents or incidents result in serious personal injuries to the motorcyclist / biker to the extent that the injury victim is unable to work for a brief or extended period of time. Can the injured motorcyclist / biker collect or pursue a claim for lost wages when there is a Florida motorcycle accident? The simple answer to this question is yes.

The injured biker / motorcyclist can pursue a claim for lost wages in the State of Florida; however, the issue becomes complicated when addressing the method, source, and timing of payment. Many motorcyclists / bikers do not have motorcycle insurance that provides cover or payment for lost wages when there is a motorcycle accident. Furthermore, most injured motorcyclists / bikers do not have a disability from work insurance in place at the time of a motorcycle accident. In most motorcycle accidents in the State of Florida, the injured motorcyclist must turn to or file a claim with the at fault driver's automobile insurance for lost wages. In most instances, lost wages are not paid piecemeal by the automobile insurance company. In other words, the automobile insurance company for the at fault driver / at fault owner will not make periodic payments to the injured motorcyclist or biker for lost wages. Because of this, a motorcycle accident can put a financial strain on the injured motorcyclist for lost wages.

While an insurance claim can be pursued by the motorcyclist or biker for lost wages, typically payment for such lost wages are made on a one time basis by the insurance company. This is typically done when the treatment is concluded and or when the case is settled. It is important for the injured biker or motorcyclist to have documentation in place to show lost wages. This m may include the following documentation: prior pay stubs, prior tax returns, prior W-2 forms, letters from supervisors, letter of disability from the treating physician, and other documentation.

Florida has specific laws, statues, and regulations in place regarding automobile accidents, motorcycle accidents, automobile insurance, motorcycle insurance, and other issues. Because the laws and application of the laws can be complicated, it is often times helpful to have the advise, consultation, and representation from a Florida Motorcycle Lawyer. A Motorcycle Injury Case can be handled on a contingency basis. In other words, if there is no financial recovery, there will be no attorney fees charged for the legal representation.

Where should I get my automobile insurance? This is an excellent question and one that is often posed to me as an attorney who handles automobile insurance claims on a daily basis. There are many choices out there for automobile insurance. Some people select a company that the family has used for years. Others go with an insurance company that has clever advertisements and slogans. Whatever insurance you purchase, make sure that you know what kind of coverage is available and what kind of coverage you have. Do your homework and shop around for a competitive rate. Brightway Insurance is based in Jacksonville Florida and has offices throughout the State of Florida. Brightway Insurance agents are licensed to issue insurance policies for a variety of top rated companies. Daniel Miller is a Brightway agent with an office in Jacksonville, Florida. He works with individuals, family, and businesses throughout the State of Florida. You can read more about his agency at Jacksonville Brightway Agent. Whether you get a policy with Brightway or another agent, it is important to be covered and insured in the unfortunate circumstance that there is a Florida automobile accident.

Is my personal injury settlement taxable? In Florida when a person settles a Florida personal injury case, the proceeds from the settlement typically are not taxable for purposes of income tax. The net proceeds from the settlement are not taxable is because the settlement is considered a casualty loss. In other words, the a personal injury settlement is generally not considered to be revenue, income, or profit by any means. In some cases, it may be helpful to discuss the taxable consequences of a personal injury settlement with a CPA certified public accountant or a tax attorney with there are high dollars involved and the replacement of income may be part of the settlement. However in most injury cases the conventional wisdom is that the net proceeds from a personal injury settlement are not taxable.

There can be many challenges and complexities to an automobile accident claim or case in the State of Florida. Because of this, an injury victim will be well served to consult with and hire a Florida personal injury attorney on the case.

Am I entitled to pain and suffering compensation when I am injured in a Florida automobile accident? The answer to this question, like many legal questions, is "it depends". In Florida, there is a specific statute in place that addresses the issue of pain and suffering type of damages for injuries sustained in an automobile accident. When a person is injured in an automobile accident, a person can pursue a claim or case for pain and suffering type of damages if if the person suffers a permanent injury, disfigurement, and or scarring. See Section 627.737, Florida Statutes. The legal requirements for the entitlement to pain and suffering related damages are part of Florida's No-Fault Law. Many people injured in an automobile accident believe that there should be automatic compensation for the pain, suffering, loss of enjoyment of life, and inconvenience associated with an injury even if the injury only requires a brief admission to the emergency room and no further treatment. Unfortunately, Florida law is not dictated by common sense or fairness in all of its provisions. Because of the special provisions and laws associated with an automobile accident case, it is important for a person to consult with the Florida automobile accident attorney regarding issues like pain and suffering related damages. Who determines if a person suffers a permanent injury? Typically, the treating physician or medical provider makes a determination as to whether a person suffered a permanent injury as a result of an automobile accident. Permanent injury does not necessarily mean that a person is unable to work, unable to function, unable to walk, and / or unable to perform activities of daily living. Permanent injury merely means that a person has suffered a personal injury that is not resolved over time or with medical treatment and according to a medical provider will affect a person for the rest of the person's lifetime. The AMA American Medical Association has a guidebook to impairment that doctors can utilize to determine if a person has suffered a permanent injury / impairment and the extent of the impairment or percentage of the theremin associated with the injury. It is important for a medical doctor providing care to an automobile accident injury victim to have knowledge of the AMA guidelines to be able to perform the evaluation and assessment as to whether a person is suffered a permanent injury.

When a person is involved in an automobile accident, insurance companies often times act quickly to obtain a statement and attempt to resolve the claim with the injured person. A small settlement is offered by the insurance company and a written release is submitted to the injury victim. Many injury victims unknowingly sign away their legal rights when they accept the small settlement and execute the release. Under Florida law, written release can effectively waive the legal rights of an injured person to receive additional compensation for automobile accident related injuries and damages. Many accident victim's have "buyers remorse" or regret after signing a release because their personal injuries turn out to be more serious than originally contemplated. After signing a release, if a person then seeks to obtain additional compensation from an insurance company, the insurance company will produce release and deny the request for further payment. Again, the signing or execution of her release can effectively waive a person legal rights, it is important to discuss the injury case with a Florida personal injury attorney before signing the release in before accepting any money for injuries from the automobile insurance company.

How much is my personal injury case work? This question is often posed to me as a Florida personal injury attorney by a client who has been injured in an automobile accident. At the beginning of most cases, it is difficult to estimate the value or even a value range for a personal injury case. The value of a personal injury case including an automobile accident case depends on a number of factors including the following: the amount of bodily injury insurance coverage, the amount of uninsured or underinsured motorist coverage, the availability of PIP (Personal Injury Protection) and Med Pay (Medical Payment) insurance coverage, the availability of health insurance, the total amount of past medical bills, the total amount of future medical bills, the total amount of past wage loss, the total amount of future wage loss, the loss of earning capacity, best pain and suffering, future pain and suffering, and the loss of enjoyment of life. With pursuing an injury claim, the value of a case increases with the severity of the injuries and extent of the medical treatment. For instance if a person has limited care and limited diagnostic testing and findings, the case may have a low value. On the other hand, if a case involves positive diagnostic testing, pain management, and the need for surgery, the case will have a significant value. Of course, there are many different types of cases out there and each case should be evaluated on its own merits. Since there are so many variables that can be utilized to value a case, it is important to hire a Florida personal injury attorney for advice, consultation, and representation. See Florida Automobile Accident Attorney.

Are There Time Limits Apply to a Florida Automobile Accident Case? The simple answer is "Yes". One time limit is referred to as the "Statute of Limitations" in Florida. There is a four-year statute of limitations to bring an action against a person or company at fault for injuries sustained as a result of an automobile accident. In cases against the uninsured or underinsured motorist carrier in Florida, the statute of limitations is typically five years from the date of the accident. The Statute of Limitations refers to the time limit that a lawsuit needs to be filed. The failure to file a timely lawsuit within the proscribed time limits may result in the waiver of important legal right. There are also time limits that apply to the reporting of claims to an insurance company if a person is involved in an automobile accident. Most insurance companies require an insured person to timely report a claim or accident to the insurance company and otherwise cooperate with the investigation of the automobile insurance company. The failure to timely report an automobile accident to insurance company may result in the denial of coverage. When person is involved in an automobile accident and sustains personal injury, it is often times helpful to retain the services of a Florida personal to get advice and direction as to the injured person legal rights to damages and compensation. Insurance companies have adjusters to protect their interests. An injury victim should also have qualified legal representation to protect and enforce their rights to damages and compensation for personal injuries. See Florida Automobile Accident Injury Attorney.

Bodily injury insurance coverage is optional coverage under a Florida automobile accident insurance policy. Bodily injury insurance is sometimes referred to as liability insurance. In other words in order to qualify for payment or benefits under a bodily injury insurance insurance policy there must be fault or liability proved against the the policy owner or a driver covered under the policy. Bodily injury insurance policies covering Florida vehicles range in policy limit value from $10,000 to over $1 million. Because bodily injury insurance coverage is optional and there are varied amounts of coverage, it is impossible to tell how much coverage or the type of coverage under any particular policy without first obtaining a copy of the declaration page and the actual policy of insurance. If there is bodily injury insurance coverage and there is liability on the part of the policyholder, does this mean that the insurance company will automatically pay the bodily injury insurance limits to the injured person? The simple answer is "Not necessarily". For instance, let's say there's a $100,000 policy in place. The injured person suffered a neck sprain or strain and the x-rays and the MRI results did not show any injury to the disc. At all likelihood, the insurance company will not pay pay out the policy limits in that case. On the other hand, if the person sustaining neck or back injury and an MRI results showed a herniated disc and a subsequent surgery was performed. In the second scenario, it is likely that the automobile insurance company will pay out the $100,000 policy limits. Valuing a case and pursuing a claim against an insurance company can be quite complicated. Because of this, it is important to get advice, consultation, and representation from a Florida automobile accident attorney as to the available insurance coverage and valuation of the case or claim.

When a person suffers injuries in a Florida automobile accident, there is often times of a dilemma for the injury victim. When should I return to work? Can I perform the duties of my job? Am I at risk for losing my job? Can I afford to stay out at work? When is the doctor going to release me back to work? These are all excellent and important questions that often times arise following a Florida Automobile Accident.

As a practical matter, most families rely on the paycheck for the injured person in order to sustain the household finances and budget. Even one missed paycheck can cause a serious financial strain on a family. Because of these financial strains, many automobile accident victims have no choice to return to work even if the work itself causes further pain and suffering. When a person returns to work, it does not mean that the injured person no longer has pain or problems related to the automobile accident. Ideally, an injured person will only return to work when properly released by the doctor. Furthermore, the injured person should only return to work if the person is able to fully perform his or her work responsibilities without having to deal with ongoing symptoms and complications due to the accident related injuries. What is ideal is not always so practical. Because of this, many injury victims work through the pain and do their best to hold onto their job and income despite the hurdles and challenges presented by the automobile accident related injuries.

It is possible to collect lost wages resulting from an automobile accident. However some policies like PIP policies do not pay 100% of wage loss. PIP policies pay 60% wage loss. With respective wage loss that is not covered by PHP, an injury victim can seek to obtain compensation through the bodily injury insurance policy or the uninsured motorist policy. Unfortunately, a person must wait for a settlement in order obtain compensation from these policies. Wage loss is just one of many topics that an automobile accident injury victim can discuss with a Florida personal injury attorney.

An injury victim of a Florida automobile accident will need medical treatment in order to evaluate, diagnose, and treat automobile accident personal injuries related damages. Typically, there are various medical providers in each community who are willing and able to provide medical treatment to injury victims in an automobile accident. There are also many medical providers who avoid these kind of patients because the medical provider does not accept PIP or Med Pay automobile insurance as payment. Furthermore, these medical providers typically do not want to get involve with medical care that may involve subsequent litigation. If a person has PIP (personal injury protection) insurance, there are typically a number of doctors who will accept this type of insurance as payment for ongoing treatment for injuries related to an automobile insurance company The type of medical providers who accept this form of payment in the community may include chiropractors, physical therapists, occupational therapists, massage therapists, neurologists, pain management doctors, medical doctors, orthopedic surgeons, neurosurgeons, family practice doctors, and physical medicine doctors. It is important for the medical providers to understand the necessary documentation and codes in payment schedules. In addition to PIP insurance, the medical provider may also be able to obtain payment through Medical Payment (otherwise known as Med Pay) type of automobile insurance coverage. If health insurance is available, the medical provider may accept health insurance for the medical care that is not covered by PIP or Med Pay insurance coverage. Finally, a medical provider may choose to provide treatment on what is normally called a Letter of Protection (LOP) or promise to pay.

It is typically a business and philosophical decision as to whether a medical provider will render care for an automobile insurance personal injury victim. The type of treatment provided and testing ordered should be left to the doctor within his or her discretion. A Florida personal injury lawyer can advise a client as to his or her legal rights, the value of the case, the available insurance policy limits, and the documentation that helps support the a claim or case for compensation for injuries and related damages.

When should a lawsuit filed in an automobile accident case in the State of Florida? Because of the complexities of Florida's automobile negligence laws and insurance regulations, it is often times helpful to have the assistance of a Florida personal injury attorney when dealing with these issues and decisions. Should a lawsuit be filed immediately after an automobile accident? Typically, a lawsuit is not filed immediately following an automobile accident. In most automobile accident insurance cases or claims, it will take time to determine the extent of damages, necessary medical treatment, wage loss, and the extent of medical treatment needed for the automobile accident related injuries. It is also helpful to know in advance prior to filing a lawsuit the extent of automobile automobile accident liability insurance that may be available to compensate the injury victim for his or her past medical bills, future medical bills, past pain and suffering, future pain and suffering, past wage loss, and future wage loss. When the medical bills, records and related documentation are obtained on a particular accident case, a Florida personal injury attorney can better evaluate the extent of damages and the available automobile insurance coverage to make a determination as as to the proper course of action. In most automobile accident insurance cases, a pre-suit demand is sent to the automobile insurance carrier in order to attempt a pre-suit settlement for the client. Many cases are settled before a lawsuit is filed. However, some claims are not settled if the settlement offer is not sufficient to fairly compensate the injury victim. Under those circumstances (and assuming there is sufficient insurance), a lawsuit should be filed to enforce the legal rights to compensation of the injury victim. It can be a difficult decision to make between accepting the settlement offer and proceeding forward with a lawsuit and related litigation.

Before any decisions are made as to a settlement offer, the injury victim should discuss the case / claim with a Florida personal injury attorney. No releases should be signed until the injury victim is fully informed of the value of the case and legal rights to compensation. See Automobile Accident and Florida Accident Attorney.

Continue reading "When Should a Lawsuit Be Filed for an Automobile Accident in Florida?" »

In Florida, the at fault driver is legally responsible for the damages of the injury victim. In addition to the at fault driver, the owner of the vehicle is also liable to the injury victim under Florida law under the concept of the Dangerous Instrumentality Law. Florida law designated the use and operation of an automobile as a dangerous instrumentality. Therefore, under Florida law both the driver and the owner of the vehicle (even if the owner the vehicle was not present at the time of the automobile accident) are liable for the automobile accident automobile accident personal injuries and related damages. In addition to the owner and the driver the vehicle, an insurance company may be liable for payment of the damages related to an automobile accident to the injury. The automobile insurance company of the at fault driver / at fault owner cannot typically be sued directly for the accident related damages; however the automobile insurance company will be responsible to pay any settlement or judgment within the insurance policy limits. On the other hand. the uninsured or underinsured motorist insurance company of the injury victim or of the vehicle occupied by the injury victim can be sued directly for the accident related damages under certain circumstances. Automobile insurance laws and liability laws can be quite confusing and complicated. Because of this, it is important to consult with a Florida automobile accident as the issues related to liability (fault), damages, and insurance coverage.

In addition to the owner of the vehicle and the driver the vehicle, a company or business that employs a person acting within the course and scope of the employment can also be held liable for the injury victim's damages and losses. Under Florida law, there are also special provisions as to the liability of a parent when a teen under the age of 18 is negligent causes an accident. A parent who signs the parental consent form for a teen driver under the age 18 can be held liable regardless if the vehicle is owned by the parent or not.

In summary, there can be several persons / entities liable for the damages sustained by an injury victim when there is an automobile accident in the State of Florida. Depending on the facts and circumstances, the following may be liable for the injuries and / or responsible for payment of the damages sustained by the injury victim: at fault driver, at fault owner, parent of teen driver, employer of at fault driver, at fault driver's automobile insurance company, at fault owner's automobile insurance company, uninsured / underinsured insurance company for the vehicle occupied by the injury victim, and / or uninsured / underinsured insurance company for the vehicle owned by the injury victim. See also Florida Automobile Accident.

Continue reading "Who is Liable for Personal Injuries and Related Damages Caused by an Automobile Accident in Florida? " »

Is a parent liable for the negligent driving of a teenage child under the age of 18? This is an important legal issue that often times arises subsequent to a Florida automobile accident. The answer to the question is "it depends". In Florida, a parent is not automatically liable for the negligent acts of the child. It all depends on the facts and circumstances and the type of negligence involved. With respect to an automobile accident, a parent may be liable for the negligent acts of teenage child under the age of 18 if the parent signed the parent consent form for a child to operate a motor vehicle State of Florida. Florida law requires one parent to sign a parent consent form for any child to operate a motor vehicle State of Florida who is under the age of 18. Without this signed consent on file with the Florida Department of Highway Safety and Motor Vehicles, a child is not permitted to drive a motor vehicle in the state of Florida. Typically, the parent consent form is signed by the parent at the time that the teenage child obtain his or her learners permit or learners drivers license at the age of 15. The parent consent form is valid unless revoked in writing. The consent form forms the basis for liability to a parent for the negligent driving a teen driver from the age of 15 until the child's 18th birthday. It is important for parents to make sure that their children drive in a safe manner in pay close attention to traffic control devices, speed limits, road conditions, weather, and traffic.

Should photographs be taken at a Florida Automobile Accident scene? The simple answer to this question is "yes". In the State of Florida, there are no laws to prevent a person from taking photographs of an accident scene on public street or roadway. Often times, photographs of the accident scene will provide that information regarding the extent of property damages to the vehicles involved in the accident and they also provide documentation it may also provide information as to property damage I left on the roadway as well as skidmarks, roadside, and road conditions. Photographs can be taken with a digital camera, regular camera, or a smart phone like an iPhone or a droid. Videos can also be shot of the accident scene and videos may provide additional information that may be use to pursue the claimer case at a later date. It is important following the automobile accident, it is important at the photographs and/or videos taken are properly store or printed out for future use in reference. It is oftentimes helpful to have the assistance and Council of it for a personal injury attorney when dealing with the aftermath of an automobile accident. For more information regarding Florida automobile accident see Florida automobile accident and Florida automobile accident attorney.

When there is an automobile accident in Florida, it is important to know the various Florida traffic rules and regulations. See Florida Traffic Statutes and Regulations - Frequency Asked Questions.

In Florida and other States, driver distraction can come in many forms including reading while driving, texting, eating, e mailing, mobile phone usage, conversations, and behavioral issues with passengers. Whatever the cause - distracted driving can and does cause serious automobile accidents in the State of Florida. When a pedestrian is an unfortunate victim of distracted driving, the consequences can result in serious personal injurie, and, in some cases, death. The Florida Highway Patrol reported that a fatal automobie accident / pedestrian accident took place on Sesame Boulevard near 7 Wonder Trails. Josefina T. Reid was reportedly hit and killed by a distracted driver - Antonio Castanheira - who stated that he was distracted by his back seat passengers. See Palm Coast Pedestrian Struck by Distracted Drirver.

In Florida, it is important for drivers to proceed with the utmost caution and do their best to avoid incidents of distracted driving. Many accidents and tragic personal injuries and Florida automobile accidents resulting in pedestrian personal injuries can be avoided with more attentive driving. See Florida Traffic Rules. Regulations, and Statutes - Frequently Asked Questions.

In Clermont, Florida and other cities, multi vehicle accidents can lead to serious personal injuries and in some automobile accidents - the death of a driver or passenger. One such accident was recently reported by the Florida Highway Patrol and the Orlando Sentinel. Kantilal Patel, a resident of Clermont, Florida, died as a result of this automobile accident. The accident started when a pick up truck driver crashed into vehicles stopped at a traffic light. See 78 Year Old Clermont Man Killed in a Chain Reaction Automobile Accident.

Many Florida automobile accidents can be avoided if drivers pay attention to traffic and road conditions. It is also important for drivers to obey or follow Florida traffic statutes and regulations. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Macclenny (Baker County) Florida, an automobile accident was reported by the Baker County Press Website. It was reported that a man (George Crawford) was hit while he was travelling in his motorized wheelchair on State Road 228. The wheelchair / automobile accident took place near Barber Road in the area of the local Wal-Mart. The force of the collision / impact ejected Mr. Crawford from his motorized wheelchair. The Florida Highway Patrol responded to the scene of the accident and will complete a report / traffic investigation as to the cause and preventability of this incident. See Man in Motorized Wheelchair Hit and Ejected on State Road 228 in Macclenny Florida.

When there is a Florida automobile accident, the various traffic rules and regulations are reviewed to determine if a citation will be issued. These same laws may come into play if there is a subsequent insurance claim or civil lawsuit for the damages or injuries caused by the accident. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

The Associated Press reported that a driver (Milton Lee Minier - age 25) was sentenced to a prison term of 10 years for a DUI accident that resulted in the death of the passenger (Tiffany Manzano - age 21) in the vehicle. It was reported that Mr. Minier's blood alcohol level (BAL) was documented at .185 which is over twice the legal limit of .08 in the State of Florida. See DUI Sentenced Handed Down in Duval County (Jacksonville) Florida.

Driving Under the Influence (DUI) can and does lead to serious personal injuries and in cases like the one above - the unfortunate and untimely death of a driver and / or passenger. DUI accident can be avoided by taking the simple act of designating a driver, calling for a ride, and / or calling a taxi or cab for a ride. DUI drivers on Florida roads put the driver, passenger, other drivers and passengers, bicyclists, pedestrians, and motorcyclists at risk.

It is important for drivers in the State of Florida to follow the law and drive with the utmost of caution. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

The Florida Times Union recently reported on a fatal accident that took place in Flagler County, Florida. Theresa Woodfin was driving a Buick on Florida 100 when she slowed down to make a left hand turn to County Road 2005. A semi truck (logging truck) was behind Theresa Woodfin but unfortunately failed to stop to allow her the time and distance to safely make her turn. As a result, there was a fatal rear end accident that ended the life of Theresa Woodfin who was only 28 years old at the time of the accident. See Fatal Trucking Accident Reported in Flagler County, Florida. Since the trucking accident resulted in a death, there will be a full investigation by the Florida Highway Patrol and / or local law enforcement to more completely determine the cause and preventability of this fatal Florida accident.

In Florida, it is important for commercial drivers, especially those driving with loads, to pay close attention to the road conditions and traffic. A Florida automobile accident with a semi truck often times leads to serious personal injuries and, in some instances like the trucking accident referenced above, to the death of a driver or passenger. See also Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Polk County, Florkda, a fatal automobile accident was reported that involved two pick up trucks/ The crash took place just before 7:00 p.m. in Lake Hamilton, Florida. One pick up truck had apparently turned into the path of another pick up truck. See Two People Killed and Others Suffer Personal Injuries in Polk County, Florida.

Many Florida automobile accidents can be avoided if drivers obey the posted speed limit zones, traffic signals and road signs. Accidents can also be avoided if drivers limit driver distractions. See Florida Traffic Rules, Laws, and Regulations - Frequently Asked Questions.

In Marion County, Florida, a serious automobile accident / semi truck accident was reported by the Florida Highway Patrol. The accident involved an automobile driven by an elderly Florida driver and a semi truck driver. The Florida Highway Patrol reported that the trucker was unable to stop as the driver of the automobile was making a turn. See Marion County Florida Crash Leads to Serious Personal Injuries.

In Florida,it is important that drivers follow the various rules and regulations that are in place. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, motorcyclists enjoy the roads and scenery throughout the State. On most rides, the motorcyclist and passenger arrive safely at their destination. Unfortunately, on some rides, the motorcyclist and passenger suffer serious personal injuries and, in some accidents, death. The Orlando Sentinel reported on one such Florida motorcycle accident in which a motorcyclist rear ended the back of a vehicle which, in turn, lead to the death of the biker and the passenger. See Two Motorcyclists Die in Rear End Collision With Vehicle in Seminole County.

When riding motorcycles or driving vehicles on the roads and highways in the State of Florida, it is important for everyone to obey the speed limits, observe road conditions and traffic, and otherwise drive with caution. You can read about Florida laws at Florida Traffic Laws and Regulations - Frequently Asked Questions.

Florida does not require that a helmet be worn by a motorcyclist / biker or an occupant of a motorcycle. Technically, a motorcycle owner is required to carry a certain amount of medical coverage to avoid a requirement to wear a helmet. This issue typically comes into play if there is a motorcycle accident and there is an attempt to apportion fault to the motorcyclist who is not wearing a helmet. The issue or argument does not apply if the motorcycle operator had medical insurance or some type of health coverage in place pursuant to Florida Statutes. This can be a complicated legal issue on a case. If there is a motorcycle accident with injuries, it is best that the injured motorcyclist / biker contact a Florida Motorcycle Injury Attorney to determine their Florida legal rights and the Florida legal responsibilities of the at fault driver. See Florida Motorcycle Accidents. See also Florida Motorcycle Accident Lawyer.

In Florida, Interstate 95 is a major highway that spans the North / South ends of the State. Unfortunately, many Florida automobile accidents take place on Interstate 95. Some are rear end automobile accidents while others are more complicated in the facts and reasons for the automobile accident. The Florida Times Union reported that an automobile accident took place on Interstate when a driver was travelling Southbound in the Northbound lanes. This, in turn, caused a terrible head on collision causing the death of a 73 year old Central Florida resident. See Wrong Way Driving Leads to Death of Central Florida Man.

Automobile accidents in Florida can be avoided if drivers follow the various laws and traffic regulations set forth by the Florida Statutes. See Florida Traffic Laws and Regulations - Frequently Asked Questions.

Continue reading "Interstate 95 Accident - Driver Heading Southbound in Northbound Lane - Death Results from Florida Accident" »

In Florida, Interstate 95 is a major highway that spans the State from South Florida right up to the Georgia Border and beyond. It is a major traffic artery for the State of Florida that unfortunately is also the site of many major automobile accidents and trucking accidents. It was reported that a rear end accident on Interstate 95 lead to the deaths of two men from New England - James Bellerose (age 40) and Gary Kalil (age 39). See Two Dead After Crash on Interstate 95.

The State of Florida has specific traffic rules, regulations, and laws in place. Some of these laws specifically address rear end accidents, following too closely, speed, and other matters / issues that may be applicable to automobile accidents like the one reported. You can access information regarding traffic laws at - Florida Traffic Laws and Regulations - Frequently Asked Questions.

A fatal automobile accident was reported by First Coast News on Interstate 95. The accident involved two motor vehicles in which one of the vehicles flipped several times. This, in turn, lead to the ejection of two of passengers. One of the passengers was pronounced dead at the scene of this St. Johns county accident while the other victim was airlifted to Shands for further treatment and evaluation. See Fatal Crash on Interstate 95 - Car Flips - Two Occupants Ejected.

Automobile accidents frequently occur in North Florida (Duval, Clay, St. Johns, Nassau, Baker, and Flagler Counties). Some of these Florida automobile accidents are preventable with better and safer driving. The cause or fault associated with this reported accident was not detailed in the news release.

Many Florida automobile accidents can be prevented by following the speed limits and paying closer attention to road conditions and traffic. Distracted driving is a big problem on Florida roads and elsewhere. While it was great to have a mobile phone that can text, e mail, take pictures, and do thousands of other things, mobile phones are known to cause a driver to be distracted which, in turn, can lead to automobile accidents with serious personal injuries and, in some cases, the death of a driver of passenger. See also Florida Traffic Statutes and Laws - Frequently Asked Questions.

What does a bodily injury insurance cover and a Florida motorcycle accident? In Florida, motorcyclist and bikers are injured on border roads and highways. When a biker is injured as a result of the negligence of a another driver, the biker has right to compensation for his or her injuries suffered as a result of the Florida motorcycle accident. The injured motorcyclist in Florida can pursue a claim against the bodily injury insurance coverage of the at fault driver or at fault own. In Florida which is known as a no-fault state , drivers and owners of motor vehicles are required to have the minimal insurance on an automobile of property damage and PIP were personal injury protection coverage. All other coverages for a motor vehicle are optional. This includes bodily injury insurance coverage. Bodily injury insurance coverage under a motorcycle accident policy or a motor vehicle policy covers injuries better not otherwise compensated for by PIP coverage. In most motorcycle accident, the motorcycle list or biker will have outstanding medical expenses that are not covered by medical payment or health insurance. Bodily injury insurance coverage claims can be pursued for out-of-pocket medical expenses, lost wages, future medical bills, and pain and suffering both physical and mental of the injured motorcyclist. In Florida bodily injury insurance claims are usually paid out in one payment. In other words the insurance companies do not pay out bodily injury claims piecemeal or work payments over time. Because of this, many motor set many injured motorcyclist are put under a financial stray during the time that a bodily injury claim is pending. It is often helpful to have the consultation, advice, and representation of the Florida motorcycle accident to ensure that the injured motorcyclist rights are protected and pursued to the full extent allowed under Florida law. For more information on this topic see Florida motorcycle accident attorney.

In the State of Florida, all first time motorcycle license or endorsement applicants must complete a BRC (Basic Rider Course) to receive a license to operate a motorcycle. Section 322.12 - Examination of Applicants provides the following:

1. The department is required to formulate a separate examination for applicants for a license to operate a motorcycle.

2. The examination must test the applicant's knowledge of the operation of a motorcycle and applicable traffic laws.

3. The examination also must also include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of the motorcycle.

For more information of Florida's law on the subject to Motorcycle Licenses, see Section 322.12 (5), Florida Statutes - Examination of Applicants. See also Motorcycle Accidents in Florida.

Safety precautions are recommended for anyone operating or riding a motorcycle in the State of Florida. If a person carries at least $10,000 in some kind of medical coverage, no helmet is required. Furthermore, no insurance is required for owners of motorcycles. Whether the law requires it or not, most safety experts would recommend the use of a helmet and most insurance experts and attorneys would recommend that a person owning a motorcycle have appropriate insurance in place.

In the State of Florida, a person can own a motorcycle and have no insurance in place whatsoever for that motorcycle. Florida law under most instances has no requirements for motorcycle owners and bikers. Of course, the laws for financial responsibility are much different for owners of motor vehicles including passenger vehicles, automobiles, trucks, and commercial vehicles. See Section 324.01 - Financial Responsibility Laws for Vehicles (Other than Motorcycles).

According to Daniel Miller, insurance agent and agency owner of Brightway Insurance Jacksonville, all motorcycle owners should insure their motorcycles with the following coverages: property damage liability, bodily injury liability, uninsured or underinsured motorist coverage, collision coverage, and medical payment coverage. Miller states that, "Having sufficient motorcycle coverage in place is essential for the motorcyclist and the owner of the motorcycle whether Florida law requires it or not." See Brightway Insurance - Jacksonville for more information as to motorcycle insurance and your other insurance needs.

Unfortunately, far too many motorcycle owners are uninsured or lack insurance that they need when there is a Florida motorcycle accident that results in personal injuries. Of course, a motorcycle can pursue a claim against the insurance policy of the at fault driver; however, it is typically better if the motorcyclist / biker has his or her insurance in place to cover some of the expenses and medical bills up front when there is a motorcycle accident.

Furthermore, many motorcycle accidents in Florida are hit and run type of accidents. A driver of a motor vehicle crashed into an innocent biker / motorcyclist and then flees the scene. In cases involving a hit and run driver, having the right kind and amount of motorcycle insurance in place is vital in order for the injured biker to get the medical care and compensation he or she deserves for the accident related injuries.

The statute of limitations is the prescribed time limit under Florida law in which a motorcyclist / biker needs to file a lawsuit enforce his or her rights. Generally, the statute of limitations is 4 years from the date of the motorcycle accident. If there is Uninsured Motorist motorcycle coverage in place, the statute of limitations could be as long as 5 years but only for the cause of action or case direction against the Uninsured Motorist / Underinsured Motorist motorcycle insurance company. If a death results from the motorcycle / automobile accident, the statute of limitations in Florida to bring an action for wrongful death is 2 years from the date of the accident.

While the statute of limitations in Florida does provide a fair amount of time to file a lawsuit, it is generally advisable to consult and work with a Florida personal injury / motorcycle injury attorney well before the running or near running of the statute of limitations. Florida laws pertaining to injured Florida bikers and motorcyclists are quite specific and unique. The laws are slightly different that for those injured while occupying an automobile or a truck. See Section 95.11 - Florida Statute of Limitations for time limits apply to accident cases, negligent cases, and other matters. See also Motorcycle Accidents in Florida.

In Baker County, Florida, an unfortunate and tragic pedestrian accident / automobile accident was reported. A Jacksonville, Florida man (Ronald Ray Carroll) walked onto Highway U.S. 90 in Baker County when he was hit by a semi truck. He was hit by a 1999 Freightliner Semi Truck. Since a death resulted from this accident, local law enforcement and / or the Florida Highway Patrol will conduct an investigation to determine the cause of the accident, relative fault of the pedestrian (if any), relative fault of the driver (if any), and the preventability of the accident. It is unfortunate the a pedestrian lost his life on one of Florida roads. See Baker County, Florida - Pedestrian Hit by Semi Truck.

A Jacksonville, Florida women was killed when a Lincoln Towncar ran a red light. The car veered off the road a struck a fruit stand. Witnesses at the scene reported that the car was driving unpredictably prior to running into the fruit stand, pinning the women under the car and critically injuring her husband. The women and husband were transported to the hospital. She was pronounced dead at the hospital. At the time that this story was first reported on the news and Internet, the husband was admitted to Shands Hospital in critical condition. Police believe that the driver may have suffered from a medical condition prior to the accident. The driver of the Towncar was also transported to Shands. The accident will be more fully investigated by local law enforcement officers / detectives. See Fruit Stand Automobile Accident Results in Death and Personal Injuries.

In Jacksonville, Florida and other cities, automobile accidents frequently result in serious personal injuries and, in some instances, even the death of drivers, passengers, bicyclists, and / or pedestrians. Drivers should do their best to obey posted speed limits, traffic signals, and other rules and regulations for driving on Florida roadways. You can read more traffic laws and regulations at the Wood, Atter & Wolkf, P.A. Website - Florida Traffic Laws and Regulations.

It is not news that texting while driving is not only dangerous, but deadly. Texting while driving is a nation-wide epidemic that is increasingly popular among children and teenagers. Stephanie Ando, a mother from Jacksonville, Florida and owner of Ando Insurance Services, has joined Allstate in its "X the TXT" program. "X the TXT" has teens pledge not to text and drive. Recently, Ando and her director of marketing, Karen Phillips took the program to Clay High School. Thumb rings embedded with the message "txtng klls" were given to students who made the pledge. Each pledging student also put their left thumb print on a banner. Ando's goal is to spread the program throughout schools in Northeast Florida.

A fact sheet compiled by Allstate revealed some startling statistics about texting while driving:
- Car crashes are the number one killer of American teenagers (more than 4,000 teens die in car crashes annually).
- Just reaching for a cell phone while driving increases the likelihood of a car crash nine times.
- A person looking at a cell phone for a mere 5 seconds while driving at the rate of 55mph travels the equivalent of a football field.

For more on Ando and the "X the TXT" program read Jacksonville mom spreads word about dangers of texting while driving.

In a new study involving automobile accidents and teen drivers, 68 percent of teens said that they have narrowly avoided a crash, and more than half said they have had more than one close call in the past year. Liberty Mutual Insurance and Students Against Destructive Decisions (SADD) surveyed more than 2,000 students in 28 high schools for the study. Of the students that said they have had a close call in the last year, 55 percent blamed other drivers or bad weather, yet when they were asked what they were doing at the time of the near accident, 30 percent said they were speeding, 21 percent said they were texting and 20 percent said they were conversing with other passengers in the car.

According to the Centers for Disease Control and Prevention, teens are four times more likely to be involved in an automobile accident than older drivers. The CDC estimated that approximately 2,000 teens were killed in automobile accidents during 2009 and 350,000 were treated for personal injuries.

The Liberty Mutual/SADD study showed that teenagers are more likely to change their driving habits after being involved in a car crash. Only 36 percent said that their habits changed only for a few months, whereas the rest said that they changed their habits permanently. For parents who want to monitor their teens driving behavior, smart phone applications such as iGuardianTeen and Speedbump are available. In addition, navigation devices such as MobileTeen GPS are also available. For more information on this topic, see Most teen drivers admit to narrowly avoiding an accident.

In Macclenny, Florida (a town outside of Jacksonville, Florida), an automobile accident was reported by the Florida Highway Patrol. Robert Cruikshank (age 94) was driving a Mercury Marquis and heading West on I-10. Another vehicle driven by Sarin 55 of Jacksonville, Florida reportedly drifted on to the right shoulder and thereafter caused a head on collision with the vehicle driven by Cruikshank. Tragically, Cruikshank died as a result of this accident. Since there was a death that resulted from this Florida automobile accident, the Florida Highway Patrol will investigate the accident and issue a report determining the cause and preventability of the automobile accident. See Fatal Accident at I-10 in Macclenny Florida.

In Jacksonville, Florida, a mother of three and a pre-med student (Yvonne Roberts) died in a motorcycle accident that took place last week. Yvonne was riding the motorcycle on Lem Turner Road in the area near Trout River Boulevard on the Northside of town in Jacksonville, Florida. According to the Jacksonville Sheriff's Office, another driver (Latoysha Blankenship) turned her vehicle off Bayview Avenue and caused Yvonne Roberts to crash into the side of the vehicle. Yvonne Roberts suffered serious personal injuries as a result of this automobile / motorcycle accident. In particular, Yvonne Roberts suffered fractures to the pelvis, face, neck, and back. She also suffered a serious brain injury. Subsequent tests revealed that there was no signs of brain activity. The life of this 28 year old woman with such a bright future ended as a result of these injuries. The death of Yvonne Roberts is a loss for her family, church, and the community. The driver of the other vehicle unfortunately and in violation of Florida law fled the scene and was later arrested. The other driver will be entitled to representation by a Florida criminal defense attorney or the Public Defender's office.

Motorcycles are common in North Florida and the rest of the State. Drivers should pay close attention and keep in mind the catchphrase "Watch Out for Motorcycles." See
Motorcyclist In Hit-And-Run Crash Dies - 28-Year-Old Mother Of 3 Critically Injured In Crash Last Week.

In Hastings (St. Johns County) Florida, a tragic accident was reported on the St. Augustine Records website. The accident took place on a Sunday night on County Road 13 near Cow Pen Branch Road. The accident scene was located near Hastings. It was reported that the driver of the vehicle lost control of the 2006 Nissan Altima and hit a tree. The passengers in the vehicle (Sharon Pallet and John Currier) died as a result of the automobile accident. Since there were deaths involved, a full investigation will be completed by the St. Johns County Sheriff's Office and / or the Florida Highway Patrol. See Two in Fatal Crash in St. Johns County Florida Identified.

Automobile accidents in North Florida and the rest of the State of Florida tragically cause serious personal injuries and the deaths of residents and visitors to the State of Florida. Many such automobile accidents are avoidable if drivers obey the speed limits, follow road signs and traffic signals, yield traffic to the vehicle with the right of way, and properly maintain the vehicle so that all working parts including brakes, steering, and tires are in safe working order.

Bryan Wrigley was an avid cyclist who loved riding in and around St. Johns County / St. Augustine Florida on his bicycle. Tragically, Bryan Wrigley was a victim of a hit and run type of accident on County Road 214. He was hit by a car or a truck and then left alone to die on the side of the road. St. Johns County investigators believe that Bryan was biking West on County Road 214. The vehicle at issue may also have been travelling in the Westbound direction as well. Deputies with the St. Johns County Sheriff's Office have reported that the vehicle in question may have been a dark blue - older model - Ford Ranger pick up truck. Bryan Wrigley had plans on attending physical therapy school. It is a great loss for his family, friends, and the community. A person, with so much to give and such a great future, really deserved more respect and courtesy than to be hit and left for dead on the side of the road. See Cyclist Killed on St. Johns Road Loved to Ride.

Bicycle riders are at risk for serious personal injuries when hit by a vehicle. Because of this, drivers, at all times possible, should yield to bicycle riders and slow down when driving near bicycle riders. Under Florida liability and Florida insurance laws, a bicycle rider (or the family of a deceased bicycle rider) can seek damages against the at fault driver and owner of the at fault vehicle. In addition, a bicycle rider (or the family of the a deceased bicycle rider) can seek damages against an Uninsured Motorist automobile insurance policy if the bicycle rider was a covered insured under the policy. For example, let's assume that the injured bicycle rider owned a car and had an automobile insurance policy with UM (Uninsured Motorist) insurance on the policy. Then, a claim can be pursued for the UM benefits even though the bicycle rider was not occupying or using the covered vehicle at the time of the accident. Florida insurance laws and policies focus on the status of the insured as part of a the Class of covered people under the policy rather than the covered vehicle. Understanding the terms and coverages of an automobile insurance policy can be quite helpful when pursuing the claims of an injured bicycle rider and / or the family of the injured bicycle rider.

In Miami and other Florida cities, it can be quite dangerous for pedestrians, bicyclists, and, yes, those in wheelchairs when travelling in or near Florida roads. The danger also applies when attempting to cross a road. To the extent possible, drivers should slow down when driving near pedestrians including those in wheelchairs. A vehicle especially a commercial truck or an 18 wheel truck can easily overpower and crush pedestrians, bicyclists, and people in wheelchairs. A tragic accident was reported in Miami-Dade County, Florida. NBC Miami covered a story in which a man in a wheelchair was hit and killed by an 18 wheeler while the man in the wheelchair was attempting to cross the intersection of 27th Avenue and Northwest 41st Street. As of the time of the initial reporting of the story, authorities had not determined fault for the accident. Since a death resulted from this incident, there will be an autopsy completed and a full report completed by Miami-Dade County authorities and/or the Florida Highway Patrol. See Man in Wheelchair Killed After Truck Hits Him.

On Florida roadways, there are a wide variety of motor vehicles. Some are quite large like semi trailers and oversized trucks and some are small like compact vehicles and motorcycles. Because of the disparity of the size, height, and weight of motor vehicles o Florida roads, there are dangers to occupants of smaller vehicles when there is an automobile accident. While the motto of all men are created equal is one to follow and abide by . . . it does not quite have the same effect when there is a Florida automobile accident. In Tampa, Florida, it was reported that a woman who was the occupant of a PT Cruiser died when her vehicle was rear ended by a Dodge Ram truck. Mai Amer D. Alahmadi (age 27) was the unfortunate and tragic victim of this Florida automobile accident. See Tampa Woman Dies in Accident on Interstate 4.

While it would be impossible and impractical to make all vehicles the same size and weight, the disparity in the size, weight, and height of vehicles in many accidents makes the injuries or impact much greater and, yes, deadly.

A late night crash on County Road 218 in Clay County Florida caused the tragic death of a 22 year old woman - Catherine E. Case. it as reported by the Florida Highway Patrol that Ms. Case was heading Eastbound on County Road 218. Another vehicle (a pick up truck) was being driven by Andrew B. Newman in the Westbound direction. According to the news report in the Jacksonville Times Union Newspaper website, Mr. Newman veered into Ms. Case's lane. Alcohol was allegedly a factor in the accident. See 22 Year Old Jacksonville Woman Died in Head On Collision.

Florida roads can be very dangerous especially at night. Fatal accidents do happen when alcohol is involved and drivers veer into the wrong lane. Yes, this is common sense that is all too often ignored by Florida drivers that get behind the wheel of their vehicles at night. When a person carelessly drives his or her vehicle, he or she not only risk his or her life but also the lives of others.

Buying car insurance can be a more involved process than one thinks. There are many different issues to consider when insuring a car. Below are some basic tips for Florida drivers selecting an automobile insurance carrier:

1. Insurance agents can be deceiving. Although agents can help you sort through the multiple policies, they may not have your best interests at hear. Agents may push certain policies to receive larger commissions. Ask about commissions and have the agents explain their recommendations. Also, ask your insurance carrier on ways to lower your premium. Of course, there are some excellent insurance agents out there as well who will only sell you what you need and what you can afford. Like with any industry out there, it is important to do business and get advice from a trustworthy company and representative.

2. Young drivers can't catch a break. Young drivers, especially males under 25-years-old, are in a high-risk group and it can be sometimes be difficult to even get insured. It typically takes 3-4 years to start receiving lower rates. If you are a young driver try to avoid sports cars and opt for a car with lower engine capacity.
Also, ask your insurer for ways to score a lower premium.

3. Your credit rating can affect you. Today, more than 90% of of insurers use credit histories in their underwriting. Because so many carriers use credit histories it would be beneficial if you obtained your credit report before hand.

For more please read Tips on how to save on your automobile insurance.

In the State of Florida, a teen driver (under the age of 18) must get a parental consent signed by a parent or guardian to obtain driving privileges or a driver's license. Typically, the parental consent is signed when the teen child obtains his or her learner driver's license at the age of 15. The parent consent is valid and in place until the child reaches the age of 18 or until the consent is revoked in writing by the parent. The main Florida Statue on point is located at Section 322.09 which provides the following:

322.09 Application of minors; responsibility for negligence or misconduct of minor.—
(1)(a) The application of any person under the age of 18 years for a driver’s license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian; by a secondary guardian if the primary guardian dies before the minor reaches 18 years of age; or, if there is no parent or guardian, by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. This section does not apply to a person under the age of 18 years who is emancipated by marriage.

See Section 322.09, Florida Statutes.

It is important for parents to monitor the driving habits of their teen drivers. It is not only a moral responsibility but a legal one as well. The negligence of the teen driver and resulting damages become a liability for the parent even if the teen driver is driving a car owned solely by the teen or by another person.

Near Oviedo, FLorida, it was reported that there was an automobile accident involving a wrong way driver and a van with children in it. Tragically, the wrong way driver died as a result of this Florida automobile accident. The occupants of the van including the children were injured as a result of this accident. The automobile accident was reported to take place at approximately 1:00 a.m. on State Road 417 north of the State Road 434 exit.

Following road signs and directions can prevent accidents like these. If you are not familiar with an area, make sure that you are paying close attention to the road signs, direction of traffic, and flow of the traffic. You can read more about this story at S.R. 417 Crash Nearly Pushes Van with Children over 150-Foot Embankment, Officials Said.

The Florida Highway Patrol reported a tragic and unusual automobile accident involving a 14 year old driver. The accident took place in Columbia County on Southwest Haltiwanger Road. The 14 year old driver (Julian Little) suffered critical injuries as did another passenger. It was reported that Jennifer Ann Grant (age 26) and Ronnie Bias (age 10) died as a result of this automobile accident. For some reason, a 14 year old was at the wheel of the vehicle. The Florida Highway Patrol will conduct a full investigation of this tragic accident. One of the issues will be finding out why the 14 year was driving. See Lake City Boy - Woman Killed in Crash After Teen Driver Loses Control of Vehicle.

Safety is always key when any person is driving a vehicle. Of course, in the State of a Florida, a 14 year old child cannot obtain a driver's license or learner's license. Teen drivers are inexperienced and need many hours of practice before heading out onto the roads of Florida.

In Florida and other States, people enjoy hunting on private land at hunting camps. While most hunters and visitors to the camp have fun, there are accidents and incidents at hunting camps from time to time. In St. Johns Counyt, Florida, the Florida Times Union reported that there was an unfortunate accident that ended the life of one man (Forest W. Noda) and caused injuries to Krystal Fars, and Chelsea Register. Deputies from the St. Johns County Sheriff's Office responded to the scene.

The details of the accident were not reported. While driving on private roads may be subject to different regulations than on public roads, safe driving and the safety of all occupants should still be a priority. The hunting camp is located near Interstate 95 and Florida 206.

You can read more about this story at Fatal Accident on Hunting Camp Road in St. Johns County Florida.

According to the story posted in the Florida Jacksonville Times Union newspaper / website, alcohol may have played a factor in the accident. Further investigation will be completed due to the death and injuries associated with the accident.

Life is short . . . and the lives of a family can change from one automobile accident. In Polk County, Florida, it was reported that the mother (Elgusta James) of the University of Miami running back (Mike James) recently died in an automobile accident. The automobile accident also involved serious injuries to the grandson of Elgusta James. Since there was a death and serious personal injuries, the accident will be thoroughly investigated to determine the cause and preventability of this tragic automobile accident. You can read more about this Florida automobile accident at Fatal Automobile Accident in Polk County, Florida.

Traffic signals, road signs, and traffic conditions are all important for safe driving in the State of Florida. The simple (but dangerous) act of running of red light or a stop sign can have drastic consequences in the form of serious personal injuries and, in some cases, death. It was recently reported that a Palmetto, Florida man died as a result of a T Bone type of automobile accident when another driver ran a red light. SInce the accident involved a death, the Florida Highway Patrol will conduct a thorough investigation into the cause / preventability of the automobile accident and will issue a report regarding the same. See Deadly Crash Ends Life of Palmetto Man.

Sergeant Wesley Richard Whitmore, Jr. of Polk County Sheriff’s Office was killed when the driver of an Escalade crashed into his patrol car.

According to witnesses, before hitting the officer, the driver of the Escalade went through metal barriers, struck a woman, Wanda Perez, that was standing outside her own business, crashed into her business, went through a parking lot and then smashed into the patrol car, the force of which spun the patrol car in 180 degrees, before continuing through shrubbery, through a retention pond and into an intersection.

According to the report, there were no indications the driver ever hit the brakes and the police are still trying to determine how the driver lost control of the vehicle.
The business owner who was first struck suffered injuries and was transported to Winter Have Hospital.

In Florida, the surviving family of 60-year-old Sgt. Wesley Richard Whitmore, Jr., may have a claim for wrongful death against the driver of the Escalade. Wrongful death actions have been recognized for the surviving family members to recover for the damages that result from the loss of a spouse and/or father. Such claims for negligence must be brought within two (2) years of the date of incident.

An accident on Rampart Road in Jacksonville, Florida left four injured. The accident occurred, according witnesses that called it in, when a car lost control and crashed into a water pipe and power pole at approximately 3 a.m. The road was not expected to be opened for approximately 5 hours afterward.

According to the police, the driver, who had three passengers in the car, lost control before running off the road. No one was wearing their seatbelt, which led to the driver being ejected from the car and the two rear passengers with life threatening injuries.

In Florida, the only insurance requirement for medical coverage is that a registered owner of a car must carry Personal Injury Protection (PIP) of $10,000.00, which covers medical expenses up to $10,000.00 regardless of fault. If the passengers do not have their own cars, then they may fall under the driver’s PIP insurance. If the passengers have their own car insurance, then that PIP coverage will pay their medical bills.

If the driver did have Bodily Injury coverage (BI), then the passengers will have a claim against the driver’s insurance company for their injuries and related damages (loss of enjoyment of life, out-of-pocket expenses, future medical, etc.). If the driver did not own the car, then the passengers may have the same claim against the owner of the car. If neither has BI coverage, then the only recourse against the driver and/or owner is a personal suit that would attach to personal assets. A claim for such injuries must be filed with the court within four (4) years of the date of the accident.

However, if the passengers have their own car insurance, then they may have Uninsured Motorist coverage (UM), which would provide another form of insurance relief for their injuries and related damages.

Continue reading "Rampart Road Accident Causes Life Threatening Injuries to Passengers" »

Mark Fatovic, 22, of Orlando, crashed into a police car driven by Officer Kristy Casiano, sending her and a teenage passenger of Fatovic to the hospital. According the investigation, Fatovic was running late to a movie and was traveling at approximately 55 to 60 mph when he hit Casiano as she was turning East onto International Drive. The posted speed limit in that area is 30 mph according to the report.
Fatovic’s Honda hit the rear passenger door of Officer Casiano, forcing her into a business sign. Another Orlando officer, who estimated the speed traveled by Fatovic at the time, witnessed the wreck.
In Florida, going over 30 mph of the posted speed is not only punishable by a fine, but requires a mandatory hearing.
For their injuries, Officer Casiano and the Honda passenger, Crystal Lugo, will receive personal injury protection (PIP) to cover their medical bills. The PIP coverage is required on all vehicle registered in Florida and covers up to $10,000.00 in medical bills. Officer Casiano will receive said coverage through the insurance policy held by the State on the police cruiser and Lugo’s coverage will be through either her parents or the driver, Fatovic.

The legal cases would involve an evaluation and investigation of the accident itself, injuries, medical treatment, medical bills, wage loss, and available Bodily Injury and Uninsured Motorist insurance coverage.

A Cape Coral accident left one man, Steven Lee Purdy, dead after his car was struck by another car, driven by Lazaro Zarza. The Florida Highway Patrol investigation showed that Zarza swerved to avoid hitting an alligator that was on the roadway, as he did so, he swerved into Purdy’s vehicle.
The investigation is ongoing, and no charges have been filed against Zarza. The accident caused the death of 27-year-old Steven Purdy and injured 3 others, including Zarza and his passenger.
Due to the wildlife in Florida it is important to be aware of your surroundings and to understand the risks involved in swerving to avoid an animal. Often, swerving to avoid an animal can cause the driver to lose control of his or her vehicle and other accidents, such as the one involving the death of Steven Lee Purdy, can result. An article written in Bloomberg Business Week states that a safety rule is to maintain your lane when approaching an animal because the damage can be far less from hitting the animal than attempting to avoid it.
In Florida, surviving family members (spouse, minor children, etc.) can file a claim for Wrongful Death when the death is caused by negligence or the intentional acts of another. While the claim is brought against the individual, in cases involving car accidents, the at-fault driver’s insurance would most likely be the one to pay the claim if the driver maintained bodily injury (BI) coverage. If the at-fault driver did not, but the victim carried uninsured or underinsured (UM) coverage on his policy, then the Wrongful Death action could be brought against the victim’s own insurance.
Florida Wrongful Death actions for negligence must be filed with the Court within two (2) years of the date of the incident to preserve the case.

http://www.woodatter.com/

A Jacksonville hit-and-run accident left two seniors dead and a number of questions. A Florida couple, Nubark Nuhibian, 97, and Lillian Nuhibian, 66, were on their way home after Bingo when they were struck by a car driven by, Elizabeth Harmon. Harmon’s vehicle was rear-ended by another vehicle. The driver of the other vehicle fled the scene.

The couple was crossing 103rd Street when they were struck by Harmon’s car. According to the police, Harmon was unable to stop in time to avoid hitting them. However, when she came to a stop, she was struck from behind by another vehicle.

It is unclear if the second vehicle caused any further damage to the couple or injuries. In Florida, leaving the scene of an accident is illegal and the Florida Highway Patrol has been diligent in investigating hit-and-run accidents.

When a vehicle strikes a pedestrian, the injuries can often be life threatening. Florida law allows the family or estate to recover for damages suffered due to the negligence of another, under the Wrongful Death Act, which you have ttwo years to file. If the at-fault driver was not insured, then the claim may be against the uninsured motorist coverage held by the injury victims. Uninsured motorist insurancehttp://www.woodatter.com/ coverage applies in two scenarios:
1. The at-fault driver does not have bodily injury insurance or
2. The at-fault driver’s bodily insurance coverage is not enough to compensate the injured party.

Continue reading "Elderly Pedestrians, Nubark Nuhibian and Lillian Nuhibian, Die as a Result of Personal Injuries in Jacksonville Florida" »

The Florida Highway Patrol was called to an accident Tuesday night on I-95 near Ft. Lauderdale after the driver of a Toyota Camry lost control of the vehicle and ran off the road, hitting five (5) people changing the tire of SUV. The accident caused the death of two and injured three of the pedestrians.

The occupants of the SUV had left the vehicle to change the tire, after pulling into the grass off the Interstate. As they stood outside of the car, the driver of the Camry lost control, went through the grass, hit a fence, and came to a stop near railroad tracks.
The accident left two dead at the scene of the accident, the other three pedestrians were taken to the hospital with non-life threatening injuries and the driver of the Camry was transported to the hospital with serious injuries.

In Florida, drivers are required to maintain insurance coverage of $10,000 in personal injury or no-fault coverage. This insurance pays 80% of medical bills up to $10,000 for the insured driver, regardless of fault. When a pedestrian is injured, the no-fault coverage extends to the pedestrian if s/he owns a vehicle. If the injured person does not, then they fall first under the insurance of a family member with whom they reside.

Florida also recognizes injury claims against the at-fault driver for wrongful death actions or claims of injuries. If the at-fault driver does not have bodily injury coverage, meaning a policy that covers injuries caused by the at-fault driver, then the injured party may have a claim against their own insurance, if s/he has uninsured/underinsured motorist coverage.

In Florida, a claim for injuries from a car accident must be brought within four (4) years of the date of the accident. If the claim is for wrongful death, then it must be brought within two (2) years of the accident unless the death was caused by an intentional act, like homicide, then there is no bar on how long the family or estate has to bring the action. However, that does not appear to be the case in this accident.

PIP coverage of $10,000, which is designed to cover medical expenses and lost wages related to injuries resulting from an accident. The PIP coverage applies even to pedestrians, which should be helpful to a young lady and her family after, Kaitlyn Beckham, a Panama City high school senior, suffered injuries after she was struck by a tire as she walked across the Hathaway Bridge.

The driver of the vehicle is unknown because the driver did not stop at the scene. Also, no witnesses stopped to report the incidents, so the vehicle and its owner remain unknown. Due to the tire not rendering the vehicle inoperable, authorities believe that the vehicle in question was a multi-axle vehicle, like a semi-truck.

The tire not only led to the injuries of Kaitlyn Beckham, but also caused other automobile accidents who were distracted by the incident. The driver of the vehicle could face charges for leaving the scene and not properly maintaining the vehicle.

Kaitlyn’s medical bills, at least up to $10,000, will most likely be covered by PIP coverage held under either her or her parents’ insurance. In addition, if they have Uninisured/Underinsured Motorist (UM) coverage, then she may be able to recover for her injuries and any related out-of-pocket expenses. UM coverage comes into play because the at-fault vehicle is unknown.

Florida car insurance purchases can be challenging if you do not know what is required and what is optional. Florida residents, with a Florida registered vehicle, must carry $10,000 in personal injury protection (PIP) and $10,000 in property damage coverage.

PIP is insurance used for medical treatment, lost wages and/or milage reimbursement for getting to and from the doctor. Personal injury protection is for your benefit because it provides insurance for injuries related to an accident, regardless of fault. If you are injured in an accident, then you have $10,000 available in medical insurance, which is paid at 80% so you are responsible for 20%.

Supplemental insurance is available to the PIP component and is called Med Pay. What this does is provide coverage, up to an elected amount, for the 20% that is not covered by PIP. Therefore, you would not be out-of-pocket for your injuries until you
have reached your elected amount of coverage.

Property damage coverage of $10,000 is required to pay for the damage you may cause another as a result of your own actions.

Collision insurance is available to pay for damage to your own vehicle if you are involved in an accident. This is an elected insurance coverage.

Other options available are bodily injury coverage and uninsured motorist coverage. Bodily injury protection is available to help protect your assets (money, home, etc.) from a personal judgment if you cause bodily injuries to another because of your negligence. Generally, if you elect for a certain amount of coverage, then your insurance company will represent you and the insurance company will be on the hook for liability up to your elected amount. If someone sues you and your insurance company pays them injuries related to the Florida automobile accident, the autmobile insurance company will require the injured party to sign a release of liability in exchange for payment from your insurance coverage.

Uninsured motorist coverage protects you if you are injured by another party and the responsible party does not have bodily injury coverage, or it is not enough to compensate you for your injuries. This acts as a way to protect you from out-of-pocket expenses and to compensate you for loss of enjoyment of life due to the injuries you have suffered. You can elect a certain amount of insurance and if you are injured by an uninsured person, then you still have an ability to be compensated by your own insurance company.

Florida hit and run accidents have increased in the last few years, according to the Florida Highway Patrol. In Central Florida, the highway patrol investigates an average of 10 hit and run accidents per day. Of these, there remain a number of unsolved fatal hit and run accidents from 2009 to the present.

The family of a hit and run victim, Justin McWilliams, lobbied the Florida legislature for the passing of the Justin McWilliams Act. The law, also known as Florida Statute 316.024, mandates that the driver of a car involved in an accident with injuries to any person stop the car and remain at the scene of the accident a person involved in an accident bring their car to a stop and waits until all information has been given to the police on that arrive.

Those that leave the scene of an accident are often located through an investigation and charges are generally brought against them. Leaving the scene of an accident does not help you because the punishment for leaving is far greater than not having proof of insurance at the time.

Due to the increase in hit and run accidents, the Florida Highway Patrol has actually implemented more aggressive tactics for locating these drivers. Investigations are remaining open and the Florida Highway Patrol is working with individuals and media to locate the drivers. Fleeing and hiding are often unsuccessful.

Although there are not as many stop lights or traffic on rural Florida roadways, these rural roads can be just as deadly as Florida's heavily populated highways and interstates. For example, Theodore Julius "T.J." Radacky recently died while driving on a rural road on drizzly afternoon in Florida. Thera Nowacki, T.J.'s mother, believes he was texting or attempting to reach for his cell phone because there were no skids marks on the road where the incident occurred. Nowacki received a phone call minutes after the accident notifying her that T.J. had died beside S.R. 121 near the Williston Municipal Airport.

A recent report conducted by the U.S. Centers for Disease and Prevention Control revealed that teen drivers in rural areas die at a higher rate than those teen drivers in cities. For example, Alachua County, with a population of 22,345 residents between the ages of 15 to 19-years-old, had 27 fatalities in the past 5 years. Marion County has seen 40 deaths in its population of just 15,419 teenage drivers.

Below are some statistics from the Florida Department of Highway Safety and Motor Vehicles:
- There are 772,910 teenage drivers within the state of Florida.
- In 2009, 242 of those teenage drivers were involved in fatal car crashes.
- 35 of the 242 fatal accidents involved alcohol.
- 18-year-old drivers have the highest crash rate involvement (490 per 10,000 drivers)
- 17-year-old drivers have the highest right of fatal crash involvement (4 per every 10,000 drivers)
- Careless driving was the greatest cause of fatal accidents in 2009.

If you would like to read more on this story please see Rural areas in Florida prove to be more deadly to teen drivers than city highways.

Whether you live in the city or in a rural part of the state of Florida, parents need to educate their children on the basic dangers of driving. Teach your children to never speed or drive aggressively. Also, children should be taught to keep distractions to a minimum: do not talk or text on the cell phone while driving, do not have the music up to loud, and try to keep conversations with other passengers limited. Following these basic rules will keep your child's attention and focus on the road, as well as make rural roadways safer for all.

Interstate 4 is a major highway that runs from Tampa (West Coast) to Daytona Beach (East Coast) of Florida. At times, there are major trucking accidents and automobile accidents that disrupt traffic and more importantly disrupt the lives of many. In some instances, a crash on Interstate 4 results in serious personal injuries.

It was reported in the Orlando Sentinel and by the Florida Highway Patrol that a trucking accident / automobile accident was caused by a semi tractor truck driver who fell asleep at the wheel. Following the accident, the truck driver stated that he remembered that he was tired and recalls waking up up after the accident. Other drivers / passengers traveling on Interstate 4 prior to the accident reported that the truck driver had been weaving in and out of I 4 traffic prior to the crash. You can read more about this story at Interstate 4 Trucking Accident Reportedly Caused by Truck Driver Who Fell Asleep at the Wheel.

The drowsiness and limits of truck drivers is a known danger to the point that there are commercial truck driving regulations in place that limit the number of hours of driving in a day and mandate rest / sleep time periods. In addition, a log book is required to document these activities to insure compliance with these regulations. In particular, the following regulations apply:

*Commercial truck drivers cannot drive more than 10 consecutive hours;

*Commercial truck drivers cannot drive more than 11 total hours in one day;

*Commercial truck drivers is required to take a break of at least 10 hours after logging in 11 hours of driving in one day;

Commercial truck drivers are prohibited from driving in excess of 60 hours in one week; and

Commercial truck drivers are prohibited from driving in excess of 70 hours in a time period of 8 consecutive days.

In addition to the above, there may be additional requirements for a particular State. The public policy of these regulations and others is to make the roads safer. The dangers of a drowsy driver are well known and unfortunately result in serious personal injuries and deaths of Florida roadways and throughout the nation.

Written By: Lenorae C. Atter, Esq.

In Florida, time plays a role in all legal matters, including claims for injuries that have resulted from a car accident. If you have you been the victim of injuries suffered as a result from a car accident, then there are certain rules you should be aware of before too much time passes.
In Florida, injuries that result from a car accident are covered as a personal injury claim or tort. The Florida law requires that actions for negligence (someone failing to obey traffic signals, not paying attention, texting while driving, etc.) should be filed as a lawsuit within 4 years from the date of the accident. (Florida Statute 95.11(3)(o)).
If you are in an accident on May 1, 2010 and you suffer injuries, then Florida says that if you have not been compensated for those injuries within 4 years from the date of the accident, the a lawsuit MUST be filed to preserve your legal rights. There is an exception to this general rule if the lawsuit is against an insurance company for uninsured or underinsured motorist claim. For UM claims which are governed by the insurance contract in Florida, a lawsuit generally must be filed with 5 years from the date of the accident in order to preserve the legal rights.

When you are in an accident, accident victims should file a claim with his or her own own automobile insurance company and the at-fault party’s insurance carrier. If a person suffers an injury in an automobile accident, medical treatment should be sought immediately. The extent and impact of the injuries may not be truly known for months following the accident; nevertheless, timely medical care is important so that all medical options can be considered and taken in dealing with the injuries.

Continue reading "Statute of Limitations in Florida - Timing for Injury Claims in Florida -Florida Auto Accidents" »

Car insurance in Florida is mandated by Florida law (Florida Statute 627.736), which requires that all owners of a registered vehicle carry $10,000 in Personal Injury Protection (PIP Benefits). If you are in a Florida automobile accident, these benefits are designed to provide you medical coverage up to $10,000. Florida law mandates that each owner of a motor vehicle purchase an automobile insurance policy with PIP (Personal Injury Protection) insurance coverage. By following the law, every owner of a vehicle shall have his or her medical care covered under PIP regardless of fault for the Florida automobile accident.

Most Florida PIP policies have a limit of $10,000. However, PIP does not pay 100%, instead your medical bills are covered at 80% by PIP and you are responsible for 20% of the billed amount.

What if you miss work as a result of an auto accident? PIP can be utilized to pay for wage loss but you must be careful since the total amount of PIP available for medical bills and wage loss again is typically $10,000 in total. Accordingly, the more you recover for wage loss, the less you have available for your medical bills Once the $10,000 is exhausted, there is no more PIP benefits. Again, wage loss and medical are not each covered at $10,000, the entire money pot is the $10,000.

What if you find out you do not have PIP coverage under your own policy? The only way you can get coverage through another source, is by meeting the following criteria:

1. You did not own an operable vehicle at the time of the accident. If you own a car, but it's on blocks in your driveway with the engine out, then you are not required to maintain PIP coverage, AND

2. No one in your household has PIP coverage. If you live with someone that has PIP coverage, then you can fall under their insurance.

If you fit these two criteria, then you can apply for PIP benefits with one of the following:

1. The owner of the vehicle in which you were in (i.e. If you were a passenger or if you are driving someone else's vehicle).

2. The other vehicle owner or driver. If you do not meet any of the above, then you can attempt to get PIP coverage through the other party's insurance.

Contacting a Jacksonville Florida personal injury attorney about these issues is much easier than trying to understand them on your own. Know your rights and options from the beginning.

Written by: Lenorae C. Atter, Attorney

A totaled car on a Florida interstate is, sadly, a common sight on our roadways. Typically, you merely see the aftermath of a Florida automobile accident. It is quite a different story and experience when you are the one who is the victim of a Florida automobile accident. After the crash, what do you do? Who do you call? How do you deal with the other driver? the police officer? fire rescue?

What are the right actions to take when facing your own car accident? In today's world of cell phones, most likely your crash was reported when it occurred. Today's driver is more likely to report an accident when it is witnessed. It is important for you to make certain that you are okay. Take a moment before exiting the vehicle to compose yourself so that you can fully understand what is going on around you. Once exiting the vehicle, if you have your cell phone, then definitely call 911 and let them know you were in an accident and where you are located. Also, if you have any concerns about you or the other driver or passenger being injured, let the 911 operator know so they can get the right responders to the accident scene.

If you can get to your insurance card and registration have that ready for the police when they arrive. They will need this to properly document the driver exchange information. If the car is not accessible do not attempt to get these items. It can be much more dangerous to reenter a crashed vehicle due to glass and parts being in places you may not expect.

Through Florida no-fault insurance, which you are required to have, you have up to $10,000 in medical bills coverage, depending on whether you have a deductible. Your car insurance will pay 80% of your medical bills regardless of fault.

Be prepared to wake up the next day feeling worse than you did before you went to sleep. Often injuries do not show up for a few days after an accident. This is due to a number of things including adrenaline, but do not hesitate to seek medical treatment. The sooner you can treat your injuries the better success you will have it getting better in the long term.

Insurance companies often times will contact you the day of the accident or the day after the accident. Before you discuss your automobile accident with any insurance company including your own, seek advice and consultation from a Florida personal injury lawyer. Insurance adjusters are highly trained individuals who typically have handled thousands of claims before handling your claim. As such, it makes sense for you to have information and advice from your own advocate - a Florida personal injury lawyer - to make sure that your rights are protected and enforced pursuant to Florida law.

To assist you with the processing and insurance payment of medical bills, wage loss and other economic damages, consult with an attorney before accepting any money from the at-fault driver's insurance company. A Florida personal injury attorney can review and advise you of your elgal rights and explain the Florida claims process.

By Lenorae Atter, Attorney

1. Breathe and make certain you are okay. Sometimes we do not realize that injuries have occurred due to shock.

2. Contact the police and let the officer know if an ambulance or fire rescue is needed.

Have the following items ready:

1. Your drivers license.

2. Your insurance card.

3. Your registration. Typically you receive an updated one in the month of your birthday, so put that in a place it is easily accessible in your car.

4. Once the police ask you what happened be certain to a take breaths when explaining. Often, when an accident occurs the adrenaline is running high and the speed of talking can increase. Try to remain calm so that the officer can understand what occurred.

While you are waiting for the police officer to generate a report, it is a good idea to use your camera phone to take pictures of the scene. You want these for use when you file your insurance claim for property damage, but also if you or the other driver/passenger is injured in the accident. Photographs can help formulate your side of the incident if they are taken of the position of the cars and the damage done to the vehicles.

Once you have the police report and have gotten the information as to where the car will be located (get a business card of the tow truck driver).

Before providing a statement to an insurance company, it is advisable to contact a Florida personal injury attorney for advice and representation (if necessary) regarding your rights and Florida law. Insurance adjusters are trained individuals who represent the interest of the insurance company. The insurance adjuster works for the insurance company not you. The insurance adjuster's loyalty is to the insurance company not you. When dealing with an insurance company, having an attorney at your side and on your side is very helpful and can help protect your legal rights.

If you start treating for injuries related to your accident and the other party calls you and offers to "settle your claim for injuries." Do NOT accept their offer. Typically the offer given by the insurance company for immediate injuries is pennies on the dollar for your actual injuries. You have not had time to find out how long you will need treatment, the cost of the treatment needed or the severity of your injuries.
If you are injured from the accident, again be certain you know what your PIP (no-fault) coverage is. Do you have a deductible? If so, what is the amount of the deductible? Make certain your doctor is provided your car insurance information including the claim number, address and name of the company. Your car insurance should be billed before your health insurance. Your PIP coverage will pay 80% of the bill. If you have Medpay, then you have the 80% coverage and Medpay will pay the remaining 20%.
If you need further assistance or need to seek the advice of counsel, please do so. Also, do your research about the law firm.

By Lenorae Atter, Florida Attorney

In Florida, car insurance is required for all Florida drivers. Part of Florida's car insurance requirement is that you must have personal injury protection (PIP) coverage of $10,000.00. This form of insurance is considered "no fault" insurance. In Florida, PIP provides payment of doctor bills regardless of who was at fault for the accident.
Florida Statute 627.736 is the statute that controls the PIP coverage Florida drivers are required by Florida law to have. If you do not have this automobile insurance coverage in Florida, then you are in violation of the statute, you can receive a traffic citation / ticket, and your Florida driver's license can be suspended.

Florida no fault insurance PIP insurance coverage is a benefit to you as a driver. If you are in a Florida automobile accident and you are at fault, then you still are entitled $10,000.00 in medical coverage. Also, if you are injured and the accident is the fault of the other, but they are not insured, then you still have coverage for your medical bills. Another plus is that you do not have to wait for fault to be determined before seeking medical treatment.

Though you are covered up to $10,000, you may have a deductible of $1,000 or more. If you do, then you have to actually reach $1,250.00 in medical bills before your PIP coverage will begin paying the bills. The reason for this difference is that PIP only pays 80% of the bill and you are responsible for 20% and when you have a deductible you have to reach the amount that PIP covers. If your deductible is $1,000 then 80% of $1,250 is $1,000.

If you are injured in an accident and seek treatment but your bills are not paid, then you need to contact your insurance company or seek the advice of a Florida personal injury attorney to assist you.

By Lenorae Atter, Attorney

Car insurance is required in Florida, but what if your car is inoperable?

In Florida, car insurance is a requirement. Specifically no-fault insurance, which covers your medical bills and is also known as Personal Injury Protection or PIP, is a requirement to drive a car. If you are in an accident and you own a car, regardless of who's car you are driving, your PIP coverage will be used for your medical bills. If you do not have PIP coverage and you own a car in Florida, then you will not be able to get any other car insurance, including the at-fault driver's insurance, to provide for your medical bills. However, if you own a car and it does NOT work, meaning that the car does not run (not due to a flat tire), then you may be able to attach to the PIP coverage of the vehicle you were driving or to the coverage of the other vehicle involved in the accident.

In order to show the insurance company that you did not have to maintain PIP coverage you will need to sign an affidavit, a sworn to statement, that you did not have a vehicle that was working at the time of the accident. It is also a good idea to have an affidavit signed by a licensed mechanic and another witness. This helps you to prove your case of not needing PIP or no-fault coverage at the time of the accident.

If you later have a claim for injuries that resulted from your accident, the at-fault insurance company will not be lenient with a settlement offer if you did not have PIP coverage and had a working vehicle. If you are in this situation, it is best to consult with an attorney.

When an automobile accident occurs in Florida, finding out who is at fault is not always as easy as you might think. There are some instances when a person or company could be sued for negligence in an auto accident even if the person or high ranking company official was not driving or even in the car at the time of the accident.

Here are the most common scenarios when you might be found at fault:

Someone Else Drives With Permission of Vehicle Owner – In Florida, a car owner is responsible for damages caused by accidents involving the negligent operation of their vehicle by anyone who has the owner’s permission to drive the car.

Children – if a child is at fault for an automobile accident, both the teen driver and the owner are equally responsible under Florida’s “dangerous instrumentality rule”.

An Unfit Driver – If a car is entrusted to an unfit driver and his or her negligence causes a Florida automobile accident, both will be liable for injuries and damage. This can include a driver who is intoxicated, unlicensed or under age, inexperienced, reckless or elderly. This is known as “negligent entrustment”.

Your Employee – If an employee is driving a company car and is involved in an accident because of negligence while working, the owner can be held liable.

If you need more information on negligence associated with a Florida auto accident, contact our Jacksonville personal injury attorneys for advice and consultation.

Each state imposes a statute of limitations on filing personal injury lawsuits and Florida is certainly one of them. What is a statute of limitations? It simply means the period of time in which a person must start legal proceedings.

Here are the Florida statutes of limitation:

Personal Injury – legal proceedings must be initiated within four (4) years from the date of injury.

Medical Malpractice – legal actions against medical professionals must be filed within two (2) years – either of the date of the act that resulted in the injury, or within two years from the date the injury was (or should have been) discovered. However, if a plaintiff is able to prove the presence of concealment, fraud or misrepresentation regarding the injury, the limitation period is extended for another two (2) years.

Professional Malpractice – legal actions against professionals (accountants, attorneys, etc.) must be filed within two (2) years of the date the injurious act was (or should have been) discovered.

Product Liability – actions must be filed within four (4) years from the date of injury.

Wrongful Death – action must be filed within two (2) years of the date of death.

Fraud – must be filed within four (4) years.

Defamation – charges of libel, slander or defamation must be filed within two (2) years from the date of the action.

If you or a member of your family have been injured and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

Understanding how damages are awarded in Florida personal injury cases can provide insight into what your personal injury case may be worth. These are the most common types of damages awarded in Florida personal injury cases:

Compensatory Damages – these are meant to compensate an accident victim for any loss incurred because of an accident or injury. The primary types of compensatory damages include:

• Medical – the cost of medical care incurred because of the accident, both current and future, including expenses associated with a permanent disability or disfigurement.
• Property – reimbursement for repairs or fair market value of any property lost or damaged because of the accident.
• Income – lost wages as well as any future earnings impacted by the accident.
• Pain and Suffering – compensation for any pain or serious discomfort caused by the accident, including any ongoing pain or discomfort.
• Loss of Enjoyment – if you can no longer enjoy something you used to do because of the accident – for example, if you were a marathoner and could no longer run, you may be entitled to compensation for loss of enjoyment of life.
• Emotional Distress – compensation for the psychological impact of an accident or injury.
• Family Relationship Interference – if your accident or injury interfered in any family relationships, either with your spouse or children.

Punitive Damages – when a defendant’s conduct is found to be especially careless or egregious, a plaintiff may be awarded punitive (punishing) damages. Florida has a cap on punitive damages of $500,000 or three times the amount of compensatory damages, unless the case involves child or elder abuse. If the defendant caused the injury because they were motivated by financial gain, punitive damages can be raised to $2 million or four times compensatory damages. In all punitive damage awards, 35 percent of the total goes to the state.

If you or a member of your family have been in an accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

Accidents can be traumatic and since the human brain is actually wired to help us forget traumatic experiences, it is critical for you to document your accident as soon as possible and not rely solely on memory for the details.

Many of us today own smart phones that have applications to help us remember. There are voice memo applications you can use to record the details of your accident if you find that easier than writing. You can also take photos with your cell phone of the accident scene and your injuries.

Be sure you document the following:

Accident – record every detail, including the date, time and location. What was the weather? Light conditions? What did you see? What did you hear? Where were you going?

Injuries – if you visit an emergency room or your doctor for any of your injuries, they will have a record for any claim. But you still need to make a note of any other pain or discomfort – physical and mental – that you suffer following your accident. Are you having trouble sleeping? Did some pain appear later – like a stiff neck or sore joint – that you did not have prior to the accident? Make a note of it all.

Loss – Beyond the damage to your car, motorcycle or other vehicle, you also need to make a note of any other property that was damaged or lost as a result of the accident. Also make note of any work or school missed as well as any social engagement you missed because of the accident.

If you or a member of your family have been in an accident and suffered any physical or emotional loss, contact our Jacksonville, Florida personal injury law firm.