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Category: Articles

Suing the Employer of a Defendant in an Auto Accident

If you’ve been injured in an auto accident, then you may be somewhat overwhelmed by the prospect of litigation.  This anxiety can be worsened if you discover that the defendant-driver does not have sufficient insurance coverage (or personal assets) to cover your losses.  In such circumstances, you may have to start looking at other potential defendants from whom you can secure compensation.

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Statute of Limitations and the Discovery Rule

If you’ve been injured due to the negligent, reckless, or intentional acts of another, then it’s important that you consult an attorney as soon as possible so that your claims can be pursued in a timely manner.

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Common Challenges in Motorcycle Accident Disputes

If you’ve been injured in a motorcycle accident due to the fault of another party, then Florida law may entitle you to sue and recover damages.  Motorcycle accident cases may involve unique opportunities and challenges, however, and it’s worth exploring these unique elements to better understand how your case may progress over the course of litigation.

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Does It Matter That a Plaintiff is Fragile?

If you’ve been seriously injured in an accident, then Florida law may entitle you to sue and recover damages to cover your losses.  In many cases, the defendant may be surprised by the total damages liability: after all, you — the plaintiff — may have suffered injuries that are substantially more severe than that of a “normal” person in the same situation.

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Recovering Damages When Your Pre-Existing Injury Was Worsened

If you’ve been injured in an accident due to the fault of another party (say, in a car accident), then Florida law may entitle you to sue and obtain compensation for your injuries — but what if your injuries were pre-existing?

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Why Do Most Injury Cases End in a Settlement?

If you’ve been injured in an accident and have a legal cause of action for damages under Florida law, then chances are that — like most personal injury disputes — the case will be resolved through a settlement.

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How Strict Liability Product Defect Claims Work in Florida

Defective product claims run the gamut.  If you’ve been injured due to a defective product in any scenario — whether your truck crashed thanks to a defective set of brakes, or whether you were hurt by a defective lawnmower — then you may have a right to sue and recover damages under Florida law.

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Common Defenses to a Personal Injury Dispute

Personal injury and wrongful death disputes often seem straightforward at first glance, but they can get complicated if the defendant is aggressive or hostile, and puts forth one of many different potential defenses.

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What Makes Motorcycle Accidents So Severe?

Motorcyclists often encounter unique and heightened dangers on the roadways.  Though Florida is a popular motorcycling destination due to the year-round warm weather, it is still common for drivers to “ignore” or fail to account for the presence of motorcyclists on the roadway — causing otherwise-avoidable collision accidents.

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Injured Plaintiffs Are Entitled to Medical Expenses in an Accident

Injured plaintiffs (in the accident context) are entitled to recover for the losses they suffered as a result of another party’s negligence.

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Motorcycle Accident Disputes Involving Road Hazards

If you’ve been harmed in a motorcycle accident, whether due to another driver’s negligence or due to the presence of a road hazard, then you may be entitled to sue and recover damages as compensation.

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Drunk Driving Accidents in Florida: What Victims Need to Know

Drunk driving is a major problem in Florida. Florida has the third-highest number of auto accident fatalities in the nation according to data from the National Highway Traffic Safety Administration (NHTSA); and, in a study conducted by the Centers for Disease Control and Prevention (CDC), one in 50 Floridians self-reported drinking and driving within the past 30 days.

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10 National Safety Events Focused on Preventing Youth, Work and Roadway Accidents

From National Hat Day to National Donut Day, it seems that these days there is a celebration for just about everything. But, while some of these “observances” are simply focused on fun (or corporate sponsorship), others are designed to have a real impact on local communities. The following are 10 national safety observances focused on preventing childhood and workplace injuries and keeping drivers safe on the road:

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Keys to Protecting Your Rights After a Car Accident

If you or a loved one has been seriously injured in a car accident, there is a lot that you need to know. From protecting yourself against the insurance companies to collecting the evidence needed to support your claim for financial recovery, nearly every aspect of your claim will require strategic planning and careful attention to the mistakes you need to avoid.

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Could Your Fitness Tracker Data Become Evidence in Your Personal Injury Claim?

If you were injured in an accident and you are among the rapidly-growing number of Americans who wear a fitness tracking wristband or smartwatch, the data collected by your device could serve as important evidence in your claim for compensation. Since the first widely-publicized use of Fitbit data in a personal injury case a few years ago, it has become increasingly common for plaintiffs’ attorneys (and defense attorneys) to rely fitness tracking data in settlement negotiations and at trial.

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Can an Employer Be Held Liable for an Employee’s Car Accident?

With an estimated 90 percent of Americans driving to work, and with commercial drivers logging tens of thousands of miles every year, transportation and employment are inseparable. With so many people either commuting to their jobs or driving for work, a significant percentage of all vehicle collisions involve commuting and working drivers.

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Factors for Evaluating Auto Insurance Settlement Offers in Florida

If you have been injured in an auto accident in Florida, recovering your repair bills, medical bills and other losses will most likely mean dealing with the insurance companies. While it is always best to hire an experienced auto accident lawyer to represent you, if you are trying to deal with the insurance companies on your own, here are five factors to consider before you accept a settlement.

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Understanding Your Insurance Claim After an Auto Accident in Florida

If you have been injured in an auto accident, recovering your losses will most likely involve dealing with the insurance companies. This process can be frustrating – to say the least – and it can also be dangerous if you do not have a clear understanding of your rights under your insurance policy and Florida law. For this reason, it is advisable to work with an experienced attorney who can deal with the insurance companies on your behalf, and who can help calculate the full extent of your financial and non-financial losses.

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Injured in an Auto Accident in Florida? Don’t Make These Costly Mistakes

If you were injured in an auto accident in Florida, as long as you have insurance, you are entitled to financial compensation. This is thanks to Florida’s “no-fault” insurance law, which requires all drivers to carry a minimum of $10,000 in personal injury protection (PIP) coverage. But, before you accept a PIP settlement (even if your insurance company offers your policy limit), you need to make sure you have a clear understanding of your legal rights. Settling too soon is one of the biggest mistakes you can make after an auto accident. Here are seven more:

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What is a Loss of Use Claim?

If you have been involved in a car accident and someone else is at fault, there are several different categories of money damages you may be entitled to recover. In addition to medical expenses for any injuries you suffered, and repair expenses for your vehicle, you may be able to recover for “loss of use” of your car. As Fort Walton Car Accident Attorneys, we are experienced in helping our clients to maximize their recovery following an automobile accident. Loss of use claims come into play when you are unable to use your car after it was damaged in a car accident, and typically include the costs of a rental car or using public transportation while your car is being repaired.

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Understanding Auto Accident Wrongful Death Claims

If you have lost a loved one in an auto accident caused by the wrongful act or negligence of another, you may have an action for wrongful death.  Maximizing recovery following the wrongful death of a loved one requires an understanding of who can sue, who can recover, what potential damages are, and what is the deadline for bringing a claim.   

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Car Accidents Caused by Reckless Drivers

Reckless driving is the cause of thousands of traffic crashes every year. From speeding, running red lights or stop signs, to texting, illegal passing, and drunk driving, reckless driving takes many forms. As Crestview Auto Accident Attorneys, we are experienced in helping our clients to maximize their recovery following an auto accident. If you or a loved one has been the victim of a reckless driving accident, you may be entitled money damages and the driver may face criminal charges.

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Injured in an Auto Accident? The Other Driver May Not Be the Only One Responsible

In Florida, there are approximately 400,000 auto accidents every year. This translates to nearly 1,100 accidents every single day. While the vast majority of these accidents are due to driver negligence (such as speeding, running red lights, and texting behind the wheel), various other non-driver-related factors can potentially cause and contribute to auto accidents as well.

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Hit-and-Run Auto Accidents in Florida

Each year in Florida, there are approximately 100,000 hit-and-run accidents. Along with New Mexico and Louisiana, Florida has the highest rates of fatal hit-and-run crashes. Nearly 25 percent of all crashes here involve a hit and run. As Crestview personal injury attorneys, we are experienced in helping our clients to maximize their recovery following an auto accident.  If you or a loved one has been the victim of a hit-and-run accident, you may be entitled money damages even if the driver who caused the crash has left the scene.  Moreover, Florida’s Stay at the Scene campaign aims to reduce the number of hit and run crashes by educating drivers on their responsibilities if involved in a crash and the serious consequences they face if they choose to leave the scene.

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Update on Florida’s Texting While Driving Bill

A bill that would make texting while driving a primary offense in Florida has passed in both the House and Senate, and now heads for the governor’s desk.  As Crestview personal injury lawyers, we have seen first-hand the dangers of distracted driving.  Families of crash victims have long-supported tougher laws for those who engage in the reckless behavior of texting behind the wheel and are applauding the new legislation.

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Can I File a PIP Claim if I Was Injured in a Motorcycle Accident in Florida?

When you get injured in a car accident in Florida, your first source of financial recovery is typically your own personal injury protection (PIP) policy. PIP provides no-fault coverage for medical expenses and lost wages up to your policy limit, which must be at least $10,000 under Florida law.

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Florida Ranks 44th in Road Safety, 40th Overall in NSC’s State of Safety Report

The National Safety Council (NSC) is a non-profit organization that is dedicated to, “eliminating preventable deaths at work, in homes and communities, and on the road through leadership, research, education and advocacy.” It publishes a variety of resources on its website, including its State of Safety report, which is a survey of the measures taken to promote road, home and community, and workplace safety in all 50 states.

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Seeking Financial Compensation After an Uber or Lyft Accident in Florida

As the ridesharing industry continues to grow, accidents involving Uber and Lyft vehicles are becoming increasingly common as well. According to Automotive News, there are now more than four million Uber and Lyft drivers nationwide, and late last year Business Insider reported that the introduction of ridesharing services in various cities has corresponded to a two to three-percent increase in fatal vehicle collisions.

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What Should I Do if I Was Injured in a Car Accident While on Vacation in Florida?

On average, there were 1,092 auto accidents in Florida every day during 2018. While most accidents involve local Florida residents who are on their way to work, on their way home or driving to pick up their kids or run errands, a significant percentage of accidents in Florida involve out-of-state drivers.

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What is Different About an Auto Accident Claim Involving a Commercial Vehicle?

In 2018, more than 10 percent of all auto accidents in Florida involved commercial vehicles. This includes accidents involving 18-wheelers and tractor trailers, as well as accidents involving smaller commercial trucks (such as trash trucks and utility trucks), delivery vans, and other vehicles used for business purposes.

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Stacking Your Auto Insurance Can Increase Your Financial Recovery After an Accident

When you get seriously injured in an accident in Florida and your personal injury protection (PIP) insurance does not provide full coverage for your losses, your next source of financial recovery is typically the at-fault driver’s bodily injury liability (BIL) insurance policy. But, what if the at-fault driver’s policy limits are not enough? Or, what if the driver who hit you is uninsured?

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Holiday Season Vehicle Collisions: Accident Risks, Accident Rates and Your Right to Compensation

As we discussed last year, the holiday season is one of the most-dangerous times of year for auto accidents in Florida. Various factors contribute to an increased rate of collisions during the months of November, December and January, with severe spikes in serious and fatal accidents occurring around the holidays. According to Edmunds.com:

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When is Someone Too Tired to Drive?

According to the National Sleep Foundation (NSF), nearly one in four adults in the United States say they personally know someone who has fallen asleep behind the wheel. The Centers for Disease Control and Prevention (CDC) estimate that one in 25 adult drivers self-reports falling asleep every 30 days, and that as many as 6,000 fatal accidents each year could be attributable to drowsy driving.

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What are My Rights if I Was Hit by Someone in a Rental Car in Florida?

Florida’s roads are filled with rental cars. Destin and other beach destinations along the panhandle’s coast host out-of-state visitors during all months of the year, and many of these visitors arrive by rental car via I-10 or US-98.

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Are You Entitled to Compensation? 10 Common Causes of Premises-Related Accidents

Under Florida’s law of premises liability, if you were injured at a business, at the beach or on someone else’s property, you may be entitled to financial compensation. This includes compensation for your medical expenses, loss of income, pain and suffering, and other losses. While we cannot assess your legal rights until we know the unique details of your particular case, the following are 10 examples of premises-related accidents for which financial compensation may be available:

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Motorcycle Crash Statistics from the Florida Department of Transportation (FDOT)

According to data from the Florida Department of Transportation (FDOT), serious and fatal motorcycle crashes have become much more common in recent years. While motorcycle accidents accounted for 8.2 percent of traffic-related deaths in 2001, according to the most-recent data available, this number now stands at 18.0 percent.

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Determining Liability in a Multi-Vehicle Accident

Determining liability in a multi-vehicle accident presents certain challenges that are not involved in “ordinary” two-car accidents. If another driver hit you and then you hit someone else, ensuring that you receive just compensation – and that you are not held partially responsible for the crash – will require a thorough investigation and experienced legal representation. In order to recover full compensation from the at-fault driver’s bodily injury liability (BIL) policy, you need proof that he or she was to blame; and, to avoid a rate hike in your insurance, you need conclusive evidence that there was nothing you could have done to avoid the collision.

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Are You Thinking about Accepting an Auto Insurance Settlement? Read This First

If you have been injured in an auto accident, receiving an insurance settlement can seem like the light at the end of the tunnel. But, before you accept, it is critical to ensure that you have a clear understanding of your rights under Florida law. You also need to understand the risks of accepting an insurance settlement, and you need to avoid making a short-sighted decision that could have drastic consequences for years to come.

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Report: Auto Accidents “Typical of Texting and Driving” are On the Rise in Florida

In February, the South Florida Sun Sentinel published a report in which it concluded that, “an analysis of 3 million crashes [indicates] that collisions typical of texting and driving are increasing at a staggering rate.” The report examined five types of accidents that are commonly associated with distracted driving, and found that the rates of certain types of accidents had increased by as much as 47 to 50 percent between 2013 and 2016.

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7 Facts About Your Personal Injury Claim After a Car Accident in Florida

If you have been injured in a car accident in Crestview or Fort Walton, what do you need to do first? Should you hire a lawyer? How do you know if the insurance company is offering a fair settlement for your personal injury claim?

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3 Types of Insurance Coverage for Auto Accident Victims in Florida

If you have been injured in an auto accident, recovering your medical expenses, lost wages and other losses will most likely involve dealing with one or more insurance companies. Under Florida’s “no-fault” insurance law, a claim for a minor injury will most likely be covered under your own Personal Injury Protection (PIP) policy.

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Do You Need to Pay Taxes on Your Personal Injury Settlement?

With Congress’s approval of a major tax reform bill in December 2017, many individuals’ federal tax returns will look much different beginning in 2018 (the new law does affect tax returns for 2017). However, one section of the tax code that is not changing is the section that deals with personal injury compensation.

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What Does Florida’s “No Fault” Insurance Law Mean for Your Car Accident Claim?

Florida is among the limited number of states that has a “no fault” insurance law. Under this law, all vehicle owners are required to carry a minimum amount of insurance coverage, known as Personal Injury Protection (or “PIP). When a driver who has PIP coverage suffers physical injuries in an accident, he or she must rely exclusively on this PIP coverage unless an exception applies. Since the law provides for “no fault” compensation, insurers must provide PIP coverage regardless of who was at fault in their policyholder’s accident.

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Auto Accidents Increase During the Holiday Season

The holiday season is a time to enjoy time with family and reflect on the year that was, but it is also a time to exercise extra care on the roads. According to Florida’s Integrated Report Exchange System (FIRES), there are more auto accidents in Florida during the holiday season than any other time of year.

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Proposed Texting-While-Driving Bans Die in Florida Legislature

Earlier this year, we discussed two proposed laws, House Bill 47 and House Bill 69, that would have made it a primary offense to text and drive in Florida. Under existing state law, texting while driving is a secondary offense, which means that it is against the law, but the police cannot stop a driver solely because he or she is texting behind the wheel.

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Seeking Compensation for Bone Fractures from Motorcycle Accidents

Even for motorcycle riders who strictly adhere to the “all the gear, all the time” mantra, collisions with other vehicles present a severe risk for broken bones. The impact forces from hitting the road or another object and the crushing forces from being pinned under a motorcycle can easily exceed what the body can sustain, and riders of all ages, abilities and fitness levels are at risk for fractures when they go down.

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Seeking Financial Compensation After a Weather-Related Auto Accident in the Florida Panhandle

With the 2017 Atlantic hurricane season bringing an “above-normal” level of storm activity to the Gulf region, drivers in northwest Florida need to be prepared for the worst. Heavy rains and strong winds can create treacherous conditions, and reckless driving and careless mistakes can easily have severe consequences in bad weather.

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New Florida Law Enhances Insurance Requirements for Uber and Lyft Drivers

On May 9, Florida Governor Rick Scott signed a new law that requires ridesharing drivers to carry insurance above and beyond the state’s standard minimum requirements, and that requires ridesharing companies to perform background checks on drivers operating in the state. Known as the “Uber / Lyft Bill,” the law also requires ridesharing companies to adopt “zero-tolerance” policies on drug and alcohol use, and to promptly suspend any drivers suspected of driving under the influence pending an investigation.

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Summer Driving Risks and Accident Liability in the Florida Panhandle

While car accidents are a risk year-round, summer presents certain additional risk factors for drivers and passengers in the Florida Panhandle. From out-of-state vacationers to drunk partiers and even late-evening sun glare, there are a variety of summer-related issues that increase local residents’ and visitors’ risk of being seriously injured in a vehicle collision.

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5 Important Considerations for Settling an Auto Accident Claim

When is it time to settle? This is an important question, and one that is not nearly as straightforward as it initially seems. Protecting your rights after an auto accident can be challenging, especially if you have suffered a serious injury; and, while it is natural to want to resolve your claim as quickly as possible, it is critical not to overlook the fact that securing just compensation may be critical to your financial stability and long-term recovery.

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