North Florida Injury Lawyer Blog

In Polk County, Florida, a tragic bicycle accident was reported. Daniel Paul Smith was riding a bicycle on the shoulder of the road on U.S. Highway 27 when he was hit by a Semi Tractor Trailer. Deputies from the Polk County Sheriff's Office responded to the scene of the accident and will conduct a death investigation as to this matter. The bicyclist was ultimately pronounced dead after transport to Lakeland Regional Medical Center. For more details as to this incident, see Fatal Bicycle / Trucking Accident Reported in Polk County, Florida.

Florida has laws and regulations in place for the operation of vehicles and bicycles. See Florida Traffic Laws, Rules, and Regulations - Frequently Asked Questions.

An automobile accident in Marion County, Florida caused the death of Dr. William Canfield Evans, Jr. and injuries to a passenger. The unfortunate accident took place when Evans attempted a turn onto County Road 318 in front of a semi truck according to the Florida Highway Patrol. See Fatal Accident Reported in Marion County, Florida. Since a death resulted from this automobile accident, the Florida Highway Patrol and / or local law enforcement will complete a full investigation into the cause of the accident. The death of Dr. Evans, a longtime Florida resident, was certainly a tragic loss for his family, neighbors, and the community.

In Florida, drivers should drive with the utmost caution and pay attention to traffic and road conditions. See Florida Traffic Laws, Regulations, and Rules - Frequently Asked Questions. See also Florida Automobile Accident and Florida Trucking Accident for more information.

A fatal motor home - semi truck collision ( Florida trucking accident) was reported in Volusia County, Florida. The Florida Highway Patrol reported that Sandra Gentry was killed as a result of this Florida trucking accident / automobile accident. Like many accidents in the State of Florida, the crash took place on Interstate 95. Sandra Gentry was a passenger in a motor home / RV (Recreational Vehicle). It was reported that the motor home was heading Northbound on Interestate 95 and was towing a vehicle. A semi truck attempted to switch lanes and hit the driver's side of the motor home. This, in turn, caused the driver (Thomas Gentry) to lose control of the motor home. A crash then occurred which ended the life of Sandra Gentry. The driver of the tractor trailer fled the scene. It is believed that the tractor trailer was white in color. See Fatal Accident Reported in Volusia County, Florida.

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 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, 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.

In Volusia County, a tragic accident was reported involving a Good Samaritan - James Darnell Collier. New 4 Jax Reported that Mr. Collier, a 37 year old truck driver from Jacksonville, Florida, was killed while helping out with a crash scene on Interstate 4 in Volusia County, Florida. He had previously parked his semi truck off the side of the road and then proceeded to help out at the accident scene. While Mr. Collier was wearing bright reflective gear, he was still hit by another vehicle. Since a death resulted from this accident, local law enforcement and / or the Florida Highway Patrol will complete a death investigation as to the cause of the incident, actions on the part of the driver, actions on the part of Mr. Collier, and any other conditions or fact that may have caused or contributed to the most unfortunate death of this family man from Jacksonville (Duval County) Florida. For more information regarding this pedestrian / automobile accident, see Good Samaritan Hit by a Vehicle While Helping Out at a Volusia County Crash Scene.

Two men sustained life threatening injuries when they were ejected during a pickup truck accident in Gainesville, Florida. According to the police, the accident happened near the intersection of Northwest County Road 231 and State Road 121. Lieutenant Mike Schibuola said that the driver, Richard Wills, 38, and his passenger Justin Mantz, 24, became airborne after their vehicle went off the side of CR 231 and hit a culvert. Wills and Mantz were ejected as the truck rolled over, said Lt. Schibuola. The Gainesville Police Department said both men were taken in critical condition to Shands at the University of Florida. Neither man was wearing a seat belt, according to Lt. Schibuola.

The primary purpose of a seat belt is to increase the chances of survival of yourself and others in the car in the event of an automobile accident on highways, expressways or local roads. Florida law is very specific about how passengers should wear a seat belt. Regardless of age, all front seat passengers always wear a seat belt. In addition, all passengers under 18 years old must wear a seat belt or otherwise be restrained by a child car seat. This law applies to all cars, pickup trucks and vans operated on Florida's roads.

For more information on this topic, see Two men ejected from pickup truck in crash.

Every year in North Florida, adults and children are involved in crashes while riding in the back of a truck bed. Most commonly these accidents occur in residential areas or school zones but they can occur on highways.

Six children and a man were involved in an accident while riding in the back of a pickup truck on I-95 near Palm Bay, Florida. According to officials, the crash occurred south of Grant Road at Mile Marker 167. Lieutenant Jeff Taylor of Brevard County Fire-Rescue said that the truck had some sort of camper on it. The truck was driven by a 22-year-old and two adults were inside the cab, a mother and a grandmother. The pickup truck’s right rear tire separated and caused the driver to lose control and the vehicle to overturn, said Sergeant Kim Montes of the Florida Highway Patrol. She also said that heat is a known factor to exacerbate problems with worn tires; Melbourne reached a record high of 99 degrees on the day of the accident.

Apparently, the Melbourne trauma center became so crowded that ambulances were diverted to other hospitals so the doctors could treat the crash victims. Lt Taylor said, “In a mass-casualty event like that, our first job is to determine who’s the most critical. But these people were very fortunate. It doesn’t appear anyone was belted in-certainly not in the back.”

Because riding in the back of a pickup truck is so dangerous, it is also illegal in Florida. Sgt. Montes said it is against the law for anyone under 18 to ride in the back of a pickup truck on a limited-access highway. Charges are likely to result from the accident, said Sgt. Montes. For more information, see nine people, including six children, hurt as pick up roll on I-95.

Although overall traffic deaths appear to be on the decline, the number of pedestrian traffic deaths seems to be on the rise, according to data provided by the Governors Highway Safety Association.

In Escambia County, Dustin Blake McFadden Smith was tragically struck and killed by two semi-trucks. The accident occurred on Highway 29 in Bluff Springs. According to the Florida Highway Patrol (FHP), Smith 21 was standing in the outside southbound lane of Highway 29 near Byrneville Road when he was first hit by a semi truck drive by Russell A. Joseph, of Repton, Alabama. Smith was then struck again by a semi driven by Ashley Wayne Hawkins, of Dozier, Alabama. She was unable to see Smith in the roadway because of poor lighting, said the FHP.

Both trucks stopped after the accident, and one of the truck drivers called 911 to report that they hit a pedestrian. Smith was found by Escambia County's first responders lying in the road of Highway 29 and was announced dead at the scene. The FHP believed Smith may have been involved in a single vehicle crash prior to being struck by the semi trucks; Smith’s vehicle was found at the edge of a wooded area off the roadway. According to the FHP, charges are pending the results of the traffic homicide investigation.

Florida follows California with the highest number of pedestrian deaths. According to the Governors Highway Safety Association report, there were more pedestrian accident fatalities in 2010 than in the previous four years. For more information on this topic, see pedestrian struck and killed on highway 29.

Two Alabama teenagers, ages 14 and 15, were killed in a car crash while riding unrestrained in the back of a pickup truck bed. The crash occurred Sunday afternoon in Baker, according to the Florida Highway Patrol. The victims were Evan Carpenter and Michael Levi Neal from Red Level, Alabama.

Riding in the back of a pickup truck bed remains a troubling and preventable cause of fatalities and serious injuries. Because there are no seat belts or restraints in the bed of a truck, both children and adults can easily be thrown out from the truck even at low speeds. Keep in mind, truck beds are designed to carry cargo, not people. Drivers and owners of trucks should not transport passengers in the back of a truck. A driver has the responsibility to make sure that he or she operates the vehicle in the manner intended and with the number and placement of passengers according to manufacturer recommendations.

Each state treats the risk of riding in the bed of a pickup truck differently. In Florida, it is unlawful for any person under the age of 18 to ride in the open body of a pickup truck unless the minor is restrained within the open body of the truck that has been modified to include secure seating and safety restraints to prevent the passenger from being thrown, falling, or jumping from the truck. The restrictions on riding in the back of a pickup truck are outlined in Florida Statutes 316.2015. For more information on this topic,see
Alabama teens killed in Florida.

In the old days and even today, it is common to see passengers in the back of a pick up truck. It was not safe in the past and certainly is not safe at the present.

Sandy M. Weidner, 38, of New Port Richey was listed in critical, but stable condition after being hit by a semi truck on Wednesday morning. The accident occurred roughly one mile south of the Exit 350/State Road 200 ramp, on the northbound side of I-75 in Ocala, Florida. Florida Highway Patrol troopers said that Weidner had pulled her Honda Accord into the emergency lane and then got out of the vehicle. She stepped into the outside lane and was hit by a passing semi truck. The driver of the semi truck, Jimmy Henderson, 64, of Georgia is employed by Yellow Roadway Corporation and was headed for Valdosta, Georgia. Henderson said he saw the woman standing beside her vehicle and thought she might walk into the roadway. When she did, Henderson quickly checked the middle lane so he could move over, but there was a vehicle in that lane. By the time the lane cleared it was too late, and the right front corner of the semi truck hit Weidner.

The personal and economic costs of highway crashes to local citizens and communities can be enormous. Roadside crashes account for one-third of all U.S. highway fatalities each year. More than 15,000 people are killed and nearly one million people are injured when vehicles run off the road and crash. Roadside crashes cost society $80 billion per year in medical expenses, worker losses, property damage, and emergency services. Florida Drivers should exercise extra caution when traveling on highways and be on the lookout for cars, pedestrians, and other hazards that could cause an accident. For more information, see Woman gets out of car is struck by semi on 1-75 Wednesday.

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.

In North Florida (Jacksonville, Orange Park, and Fernandina Beach), there are a number of trucks with oversized wheels on the roadways and that travel through neighborhoods and parking lots. While the size of the truck and height of the truck may protect the occupants of the vehicle when there is an accident. Both the size of the truck and height of the truck may end up causing severe injuries to pedestrians, bicyclists, and occupants of other vehicles. Sometimes, the sheer height of the vehicle makes it difficult to see pedestrians, bicyclists, and others especially children. A tragic accident was reported in Dallas, Texas in the parking lot of a strip club. It was reported that a 23 year old woman (Kasey McKenzie) was run over by a monster truck at a strip club. See Woman Killed By Monster Truck at Dallas Strip Club.

In Jacksonville, Florida, the roads can be quite dangerous for drivers, passengers, and yes, bicyclists. Some bicyclists are on or near the roads for exercise and some are on bicycles for transportation. Regardless of the reason, drivers of vehicles including cars, trucks, and motorcycles should drive very careful when there is a bicyclists on or near a roadway. The bicyclists will have little protection from personal injuries when hit by a vehicle. Of course, a bicyclists can wear a helmet and protective shoes and clothing; however, these items only go so far to prevent or lessen injuries when a bicyclists is hit by a motor vehicle or motorcycle. The bicyclist was identified as Kevin Blair - age 56 - from Jacksonville, Florida. Police reported that Mr. Blair was southbound on New Kings Road when he was hit by a truck that drifted into the bicycle lane. The incident was witnessed and then reported to policy who were able to locate the truck driver. You can read more about this news story and the tragic death of this Jacksonville Florida bicyclist at Bicyclist Struck by Hit and Run Truck Driver Dies in Hospital.

In Florida, drive behind most tractor trailers and you will see an underridge guard in place. Whether the trucks are hauling goods for Wal-Mart, Publix, Winn Dixie, Target, or other companies, you should see the underride guard that it a different color than the rest of the trailer trailer and in place to prevent smaller vehicles from going underneath the tractor trailer in a rear end type of accident. Unfortunately, crash tests and analysis completed by the Insurance Institute for Highway Safety have indicated that many such underride guards fail in relatively low speed automobile / trucking accidents. The failure of certain underride guards is very disturbing in light of the injuries that can be lessened or prevented with proper underride guards. You can read more about this topic at Underride Guards on Big Rigs Often Fail in Crashes; Institute Petitions Governement for New Standard.

The National Highway Traffic Safety Administration (NHTSA) reported that over 400 people in passenger motor vehicles die each year as a result of a rear end crash with a tractor trailer. Over 5,000 passengers a year are injured as a result of these automobile / trucking accidents.

The Florida Highway Patrol reported that there was an accident with injuries on Boggy Creek Road in Orlando, Florida involving a Disney Magical Express Bus and a Semi Tractor Tractor. It was also reported that 5 people suffered personal injuries as a result of this bus / truck accident in Central Florida. See Disney's Magical Express Bus Crash Sends Five to Hospital. The crash resulted in approximately 150 gallons of diesel fuel on the road. Fire Rescue and police responded to the scene and shut down Boggy Creek Road to handle the situation. Fortunately, rescue crews were able to clean up the area to avoid any further injuries resulting from this unfortunate bus / truck accident.

www.woodatter.com

The above video shows how truck accidents can happen without warning. Fortunately, there were no reported personal injuries from this trucking accident. The problems with semi tractor trailers and other commercial vehicles is the sheer size of these vehicles compared to most passenger vehicles out there. Can you imagine what would have resulted if the truck in this video crashed into a motorcycle, Smart car, or other compact vehicle? While not all accidents are preventable, we can call do our share to keep the roads safe by obeying speed limits, avoiding driving distractions, and being courteous on the roadways.

Continue reading "Truck Accident Captured on Video - Dangers of Semi Tractors on Highways" »

Trucking accidents continue to take place across the Nation. Driver fatigue and driver inattention can be attributed to many of these accidents. Currently, federal laws allow truck drivers to drive for 11 hours before taking a break. Lawmakers and safety experts are considering a proposal to reduce the allowable driving time to 10 hours. While the 1 hour difference does not seem to be significant, many truck drivers and businesses will lobby against such a change because ove time - hours can add up and will effect profits and wages or income earned by truck drivers.

The safety of truck drivers and others on the Nation's roadways should be primary concern when weighing the pros and cons with the change in driving time limits. You can read more about this story at 10 Hour Driving Limit for Truckers Proposed.

Two elderly Clearwater citizens have been recently killed in a Florida automobile accident. Their vehicle allegedly cut off a semi-tractor trailer and the trailer slammed into the vehicle. The driver of the vehicle and his passenger were killed.

The driver of the tractor trailer was not injured and a driver of a third vehicle impacted by the accident was not injured either. The investigation is ongoing but area residents say there have been several recent accidents at that particular intersection. Unfortunately, in this situation, neither victim was saved by wearing their seat belt. However, it is always recommended to wear your safety belt even if you are just riding short distances. Forensic evidence, police reports, and other supporting facts will likely be necessary for either party to bring a civil claim for a cause of action.

To read more on this story, visit Two die in Clearwater crash.

In Florida and other States, red lights and stop signs serve an important purpose in controlling and regulating traffic. Ignoring or running a red light or stop sign can have deadly consequences. This is especially true when there is a semi tractor trailer or commercial vehicle involved in the automobile accident. The Florida Highway Patrol recently reported an accident that took place in Clay County, Florida. James Neary was the driver and Carl Hudnall was the passenger in vehicle that may have failed to stop at a red light. Tragically, Mr. Hudnall died as a result of the crash with the semi tractor trailer and Mr. Hudnall suffered serious personal injuries. See Fatal Crash Ends Life of West Virginia Man and Causes Serious Personal Injuries to Another.

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.

An Ormond Beach attorney, Michael Crotty, died Friday after suffering fatal injuries when his car collided with a delivery truck that reportedly made a U-Turn into his lane of traffic. Crotty was driving northbound on Moreland Boulevard when the delivery truck pulled into his path of travel. Sadly, Michael Crotty was pronounced dead at the scene.
It is unknown whether any citations were given for this Florida automobile accident.

In Florida, both the driver and driver's owner can be held liable for damages resulting from a vehicle accident. In this case, Vera Yela was working at the time of the accident and was driving a delivery truck. Most likely, if the estate and/or family of Michael Crotty were to seek damages from the wrongful death, then both the diver and his employer could be held liable if it is proven that there was negligence on part of the driver for this automobile accident.

Since this automobile accident involved a death, a full homicide investigation report will be completed by the local police department and / or Florida Highway Patrol. The investigation will evaluate the speed, direction, lighting, property damage, witness statements, and other evidence from this accident to determine the cause of the automobile accident.

Securing the load on the back of a truck is Florida law. Automobile Accidents and resulting injuries can occur when loads of wood piles, branches, furniture, etc. are not secured properly to a vehicle. As a personal injury lawyer, I have had clients that were injured in accidents where the contents of a truck have spilled onto the roadway and caused a domino crash as one car swerves or slams on brakes to avoid the debris.

Similar to other automobile accidents involving driver negligence (i.e. rear end collisoon), the driver of a truck with an unsecured load that caused an automobile accident can be held liable along with the truck owner (Florida Statute 316.520). Often, this becomes a factor in such a case because there are a number of commercially owned vehicles or company vehicles that transport such truckloads on the roadway. If you find yourself behind a vehicle transporting loose items, pay attention to the truck's identifying signage or license plate number in case the vehicle continues to drive away. This can be important because if you are injured by the debris of a truck's load, then you may be able to recover compensation for your injuries and losses from the company.

Continue reading "Florida: Unsecured Truck Loads and Related Accidents" »

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.

According to the Federal Motor Carrier Safety Administration, large trucks are involved in 11 percent of fatal vehicle crashes in the United States. Because of their size and weight, large trucks usually cause much more damage in vehicle crashes than ordinary traffic accidents.

Discovering exactly who is liable for damages in a trucking accident can be a challenge because trucking companies attempt to distance themselves from liability by leasing the equipment it uses to haul loads and hiring drivers as independent contractors, not employees.

Fortunately, there are now federal laws that enable injured parties to bypass the confusion and attach liability directly to the trucking company that owns the permit, no matter what name is on the vehicle or whether or not the driver is a direct employee of the trucking company.

If you have been involved in a truck accident, it is important to determine the cause of the accident in order to assign liability. Beyond police reports and witness accounts, valuable data can be obtained via a truck’s “black box”, which records speed, length of time the driver has been on the road, and more.

Federal and state laws also require that a certified inspector examine any commercial truck or trailer that has been involved in an accident before it is removed from the accident scene. The inspector’s report is not part of the official police report, but can be obtained from the appropriate government agency.

Driver inattention accounts for many trucking accidents in the State of Florida. Unfortunately driver inattention or negligence by a truck driver can have life changing consequences to other drivers and passengers traveling Florida highways and roads. Serious personal injuries and wrongful deaths result from these trucking accidents. These serious personal injuries and wrongful deaths impact family, friends, and the community.

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

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.