Lime Scooter Rider Collides with Tractor Trailer in Tampa
A 33-year-old man was seriously injured when he crashed with a tanker truck in Tampa Thursday evening, June 20, 2019. According to Tampa Police, the accident happened when the scooter rider was traveling northbound in the bike lane on N. 20th Street, and the scooter veered a bit off course and was struck by the tanker traveling in the same direction.
Local witnesses say the scooter was demolished, and at one point, the rider was lying on the ground. The rider was taken to a local hospital and is listed in critical condition.
The driver of the tanker stopped at the scene and was cooperating with authorities. The accident is still under investigation, and no charges have been filed at this time.
Update: We are deeply saddened to learn that this man has succumbed to his injuries: Tampa Bay Times.
Scooters and Tanker Accident
Obviously, a scooter is no match for a tanker truck, so, the idea is to keep them apart. To do this, Tampa has bike lanes that allow bikes, e-bikes, and scooters. Just a few days before this accident, scooters were restricted to sidewalks, but Governor DeSantis signed a bill on June 18, 2018, that allowed Florida cities to make their own rules regarding bikes and other similar vehicles that determine where they can travel.
This was a huge win for Lime and other companies, and many people will be glad to see at least some of the scooters off of the sidewalks and into the street. However, the downside is that with scooters being in the streets in the bike lanes, this puts them alongside the cars which, as this story shows, can be risky for the scooter rider.
Scooter Injuries
When a scooter crashes with just about anything, it can be serious for the rider. The speed limit for scooters in Tampa is 15 mph, but at that speed, a crash can produce a fair amount of damage and injury. You should also consider the vehicle involved in the collision. Just about any motor vehicle outweighs a scooter and rider by a factor of at least 20, and even a small bump can be deadly for the scooter rider.
Larger vehicles like tankers and tractor-trailers can weigh as much as 80,000 pounds. In addition, any contact with one is more likely due to the large blind spots on these larger trucks.
Once scooters hit the ride-sharing scene, local emergency rooms have seen a huge rise in the number of injured scooter riders. Some of the most common injuries are:
- Head Injuries
- Shattered elbows and knees
- Broken ribs
- Deep contusions
- Road Rash
- Face fractures
- Fractured wrists
What if I’ve Been Injured in a Scooter Accident?
The first thing to do is to attend to your immediate medical needs, but then you may want to consider speaking to an attorney about your circumstances. There are many questions about insurance and compensation that get raised when injuries occur on these scooters.
Whose insurance will pay? What if I’m at fault, can any of my medical bills be paid? Can the scooter company be made to pay?
Present all these questions—and many more—to an attorney familiar with these scooters, insurance, and personal injury. At RHINO Lawyers, our personal injury team offer a free consultation where we can evaluate your case and outline where your compensation might come from.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
Read More
Accident Fatalities and Liability in Florida
Accident fatalities have dropped slightly in 2017 and 2018 and have steadily been dropping—with a few exceptions—for the last several decades. Unfortunately, they still occur. However, when accident fatalities happen sometimes questions raised about liability.
Insurance v. Estate Liability
Auto insurance is to cover the losses of the driver when he or she injures someone else. So, many people think that auto you use insurance to cover the damages for the injured. But, the insurance company is not contractually obligated to pay the injured driver. They’re obligated to pay any financial losses their driver incurs because they caused an accident.
Why is this important? Because when the at-fault person dies, the insurance company doesn’t owe the injured (as we discussed), but the estate of the deceased does owe the injured because of probate and inheritance laws. Thus, the obligation to pay for the losses incurred by the estate lies with the insurance company.
In many cases, the insurance company will work with the injured to settle, but if there is no satisfactory offer for the injured, then it becomes necessary to sue, and since the person at fault is deceased, his or her estate must be sued.
A Recent Crash
An 81-year-old-man died Saturday, June 22, 2019, when his car collided with two others. According to the Florida Highway Patrol, the man was driving a Toyota Corolla on Little Road toward Denton Avenue. He apparently ran a red light, struck a semi-truck which then struck a Ford F-150 that was in the intersection waiting to make a left turn.
Both drivers of the other cars plus one passenger were taken to a local hospital for serious injuries, but it’s not clear which vehicle the passenger was riding in. The FHP is still investigating the accident.
Although we don’t know who was at fault in the above-mentioned accident. When the at-fault person dies, it can be uncertain who now owes for the damages caused by the driver.
Do I Need an Attorney?
Most likely yes. It’s not as simple as making a typical insurance claim. While the law does not require an attorney if an estate owes money to an injured person. At the least, you should talk to an attorney for unbiased advice and case evaluation.
At RHINO Lawyers, our personal injury team offer a free consultation to go over your case and help you to get the most compensation you can for your injuries. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
Read More
Liability when Passengers are Injured in Auto Accidents
In most accidents, there are two cars and one at-fault driver which makes liability simple to understand. Under Florida law, those injured by the negligence of someone else can recover damages from that person.
Florida law also requires that each person has auto insurance. Typically, the at-fault driver’s insurance will pay for the damages. However, sometimes things aren’t that simple. What happens if a car crashes due to the driver’s negligence injuring their passengers?
The law still applies, and when the passengers are traveling with the at-fault driver. Then that person’s auto insurance will cover injuries and even pay for a wrongful death.
Reluctance to Make Claim
But many times, people don’t feel comfortable making a claim against someone who is a friend or another family member. This is understandable, but the truth is, if the driver had insurance, it was just for that reason.
Statistics show that less than three percent of all personal injury claims go to trial. This means that around 97 percent are settled by the insurance company. Chances are you won’t be taking your friend to court.
At-Fault Driver’s Without Insurance
What if the driver doesn’t have insurance? Florida law requires that all motorists have at least $10,000 property damage and $10,000 bodily injury. However, if they don’t, they face a ticket, fines and will be on the hook for all the damages.
Florida also requires each motorist to have what’s called personal injury protection or PIP. Which will pay out damages without regard to fault, and because fault is not an issue. So, any passenger that has PIP can use that money to cover the damages from a car accident. In fact, even if the driver has insurance, with PIP, any injured person who has that coverage will use their own policy to cover damages up to $10,000.
Wrongful Death Liability and PIP
One problem is PIP only covers medical bills and property damage but not for a wrongful death or other losses like pain and suffering. Unfortunately, many motorists don’t have insurance except the mandatory PIP which means that if they hurt someone and that person dies, then their insurance won’t cover it.
This is why many Florida motorists have additional coverage like uninsured/underinsured (UM/UIM) which will pay for losses when there is no other insurance or that insurance isn’t enough. This means that if a passenger has UM/UIM on their policy, then that will pay for a wrongful death claim made by their family.
A Recent Crash
As a tragic example: the driver of a 4-door sedan lost control of the vehicle and crashed killing all three occupants. The tragic accident happened just after midnight, Wednesday, June 19, 2019, on the John Ringling Causeway in Sarasota. According to the Sarasota Police Department, three teens were traveling westbound on the bridge when the car crashed.
Family and friends converged on the scene and left flowers and stuffed animals to remember their loved ones and support the families in their time of grief. Several friends expressed their dismay and remembered how kind the teens were to other people.
Contact a Tampa Auto Accident Lawyer Today
If you were a passenger in an accident where the driver was at fault, don’t try to figure out the insurance on your own. The personal injury team at RHINO Lawyers know Florida insurance laws and have a great track record of standing up to them and getting all the coverage the law allows.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!” Contact us for a free consultation after an accident resulting in a serious injury.
Read More
Fatal Bicycle Crash in Parking Lot in Homosassa
A car hit a cyclist in a gas station parking lot killing the cyclist. The accident happened early Sunday, June 16, 2019, when the driver of a passenger car rear-ended a man riding his bicycle. EMS responded to the Racetrac gas station parking lot along South Suncoast Boulevard and rushed him to a local hospital, but unfortunately, he died of his injuries. Police say that the crash is still under investigation and that charges were pending, although they didn’t specify which ones.
Parking Lot Bicycle Injuries
Just about any crash on a bike can be deadly or produce serious bodily injury. This is because of the unprotected nature of cycling, and the fact that the average car outweighs a cyclist by as much as 20 times. Parking lots pose a problem for cyclists who often go unseen by motorists.
For any accident, the at-fault person has to pay for the injuries and financial losses for the injured person. This is true when a car and bicycle tangle up and if it happens in a parking lot. In Florida, the law creates certain right-of-way patterns in parking lots.
A parking lot has lanes of travel, intersections, stop signs and of course parking spaces. Generally speaking, the rules of the road apply as if it were in traffic. Requiring each person to obey the rules and yield to the right-of-way of others.
For example, a car has the right of way in a “lane” and the driver has to treat the marked area in front of the store like a crosswalk. Also, bicycles have the same right-way and code violations as cars. Yet, when it comes to an accident and liability for a personal injury, things take a different turn.
Negligence and the Duty of Care
In a parking lot, the driver of a car has a duty of care to operate his or her vehicle so that others may proceed in safety. This doesn’t mean that all rules of the road (and parking lots) are thrown out, but the law will look at the circumstances of each incident to see if the driver used reasonable care.
If the cyclist violated a right of way, but the vehicle could have easily stopped, then a jury might feel that since a car is so much bigger and heavier, the driver should use extra care when bikes are present. So even though the cyclist may have violated the right-of-way, the law allows a jury to find that the driver was negligent.
What do I do if I was Injured in a Parking Lot?
If you were riding your bicycle in a parking lot and were injured by a motorist, then you should talk to an attorney to find out your rights. Most personal injury attorneys have a free consultation where you can get a case evaluation to see if the law will allow you to seek compensation for your injuries. Loved ones left behind after a crash should speak to an attorney as well about wrongful death claims.
Talk to the RHINO Lawyers today. Our personal injury team is a powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
Read More
Semi-Truck Crash on I-4 Kills Plant City FL Man
A compact SUV traveling eastbound on I-4 near Mango Rd rear-ended a semi-truck Thursday morning, June 6, 2019. According to the Florida Highway Patrol, the semi-truck had pulled over earlier because its engine had overheated. When he finished cooling it off, the driver pulled out into the outside lane right in front of the SUV.
The impact caused the driver of the SUV to die at the scene, and the truck driver was not injured. The FHP said that the accident was still under investigation and that it’s too early to tell if any charges will be filed.
Semi-Truck Accidents
Large commercial trucks such as semi-trucks are dangerous to all vehicles around them. Typically, studies have shown that truck drivers have a much lower accident and fatality rate than other drivers. However, even a small mistake in a vehicle that can weigh up to 80,000 lbs fully loaded can cause significant injury and even death.
Fault in a Rear-End Accident
Although we have no idea regarding fault in the above accident, most people have heard that if you hit someone in front of you, it’s your fault. While that’s generally true, there are exceptions. According to Florida personal injury law, for someone to be liable for another’s injuries, they must have been negligent.
In a typical rear-end accident, the driver doesn’t stop in time and hits the car in front of them. However, if a vehicle changed lanes right in front of another car, then that driver was careless by not yielding to the right-of-way to the other driver. In that case, even though a driver rear-ended another vehicle, the fault could be with the vehicle that changed lanes too quickly.
Wrongful Death
When a person is killed in a car accident, the family members can file a claim for wrongful death. The court will look at whether the alleged at-fault driver acted negligently, and if so, then the family members can collect certain damages based on the loss of their family member.
The most common of these damages are:
- Medical bills of the deceased, if related to the accident
- Funeral and Burial Expenses
- Loss of financial support for dependent family members
- Loss of companionship (for children) and consortium (for spouse)
Contact a Truck Accident Lawyer
If you have been injured or have a loved family member that has been killed by someone else’s negligence, then you should at least talk to an attorney. The insurance company will not tell you the law or give you a heads up of an upcoming deadline. It’s their job to pay out as little money as possible.
The Truck Accident Lawyers at RHINO Lawyers have the experience and knowledge to go up against the insurance companies. Call our personal injury team today for a free consultation. Their personal mission is to empower Florida’s families to “Take Charge!”
Read More
Driver Charged with DUI in Fatal Motorcycle Crash
A motorcycle rider died Saturday, June 1, 2019. The death occurred after a 29-year-old driver allegedly turned left directly in front of a motorcycle. The accident happened as the driver of a 2013 Hyundai tried to turn onto Belleview Boulevard. Consequently, turning directly into the path of a 59-year-old man riding a motorcycle.
According to police at the scene, the rider was thrown from the bike and suffered fatal injuries. The driver of the Hyundai failed a field sobriety test. Now the driver faces charges of DUI manslaughter and child neglect for driving impaired with minor children in the car.
Motorcycle Accident Wrongful Death and DUI
Anytime an auto accident results in a fatality, the at-fault driver could be liable for a personal injury that resulted in death. This is called a wrongful death claim. When law enforcement arrests the at-fault driver for intoxication and they get sent to prison for DUI manslaughter, family members often wonder if they are still going to be able to collect any compensation.
Incarceration and Auto Insurance
This is a valid question because when someones in jail, it seems that they might not be available for trials and other proceedings associated with a wrongful death claim. Then if they get a judgment against them, how are they going to pay?
However, under Florida law, if a person is in prison, they can be served papers at that address, and the state will make sure they are available for all official proceedings. As for being able to pay, hopefully, they had auto insurance at the time of the accident. If so, the obligation goes to the insurance company to pay for any financial losses incurred by the victim up to the limits of the policy cap.
What if There was no Auto Insurance?
In some cases, the impaired driver (or any at-fault driver) doesn’t have auto insurance. Then the victim’s own policy might pay for their losses if they have certain policy provisions:
- Medpay: This is a provision that drivers can get on their own policy. It will pay for medical bills regardless of who is at fault or injured. So long as the accident involved the insured or their vehicle.
- Personal Injury Protection (PIP): This works like MedPay. But it pays medical bills and other damages like pain and suffering and loss of wages. It also pays out regardless of the injured party or at fault. So long as the accident involved the insured or their vehicle.
- Uninsured/Underinsured (UM/UIM): Most insurance policies have uninsured/underinsured provisions. These will pay those covered by the policy for all personal injury damages; if the other driver is underinsured or has no insurance. This can include not finding a hit-and-run driver, so long as they were at fault in the accident.
In Florida, the law doesn’t require that a driver have UM/UIM. However, many people carry that as protection against those with no or little insurance. If a driver has any of these provisions, then they can collect against their own insurance company for their losses.
Medpay and PIP will not pay for a wrongful death claim. Yet, it will pay for medical bills and some other losses up until the time of death. UM/UIM, however, does cover most financial losses faced by the survivors of an accident fatality.
Do I need a Motorcycle Accident Attorney?
If you’ve had a family member killed because of someone else’s negligence, then you need to talk to an attorney. Know your rights under the law. DON’T talk to anyone from the insurance company or their lawyers until you have at least spoken to an experienced Motorcycle injury attorney.
In a wrongful death claim, there are many potential pitfalls that someone can incur that might get the claim dismissed. So the best thing to do if you live in the Tampa area is to call RHINO Lawyers which is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” Our personal injury team describes our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
Read More
Tampa Trauma Center Information
First, when someone is seriously injured, they often need to go to an emergency room; known today as a trauma center; for medical assistance. But, these medical care departments are a vital resource to a community. Especially, when someone has incurred a life-threatening injury from an auto accident.
In fact, the Tampa area has two trauma emergency rooms. St. Joseph’s Hospital has both a designated Level II. And, a Pediatric Trauma Center, and Tampa General Hospital, which is a Level I Trauma Center.
Note: If you or a loved one was injured in an accident, contact us for a free consultation. We visit both of these hospitals to speak to accident victims.
Medical Trauma
Furthermore, a medical trauma is defined as a sudden onset of a physical injury with sufficient severity to require immediate medical attention. Thus, if someone experiencing a trauma doesn’t get medical attention quickly, the injury might cause systemic shock called “shock trauma” and may require immediate resuscitation and interventions to save a life or limb.
Even though, auto accidents are the number one cause of personal injury in the United States. Incidentally, there are certain common types of traumatic injuries that come from car crashes that require a trip to an emergency room. Some of these are:
- Traumatic brain injuries
- Spinal cord injuries
- Skull fractures
- Collapsed lungs
- Crush injuries
- Burn injuries.
What is a Trauma Center?
Hence, a trauma center—traditionally called an emergency room—is a medical care unit found in a licensed hospital that is equipped to deal with traumatic injuries. Yet, each state has laws that designate the levels of each center and provides guidelines on what is required to meet a certain level of trauma care. However, most states follow the same general designations so that there is uniformity in the meaning of the different levels of trauma care.
Types of trauma centers in Florida
Like most states, Florida uses a level system to designate the type of trauma care available in each emergency room. And, the Florida Department of Health creates the designation of each center throughout the state. In fact, each center is then verified by the American College of Surgeons which has national standards used in the verification process.
Additionally, a trauma emergency room needs to be re-verified every three years, and for an emergency room to gain and maintain a level I designation, it must provide both adult and pediatric services. Actually, these designations are:
- Level I Trauma Centers
- Level II Trauma Centers
- Pediatric Trauma Centers
Florida Level I Centers
Thus, a Level I center in Florida must meet the standards of a trauma emergency room and be verified by the Florida Department of Health.
- They have the resources, equipment, and personnel to handle critical patient care.
- Use formal trauma-certified doctors, nurses, and surgeons on staff at all times.
- Has the formal research and education programs for the enhancement of trauma care.
- Serves as a resource facility to Level II and Pediatric Trauma Centers.
- Has various levels of local (municipal) support and funding
Level II Centers
Granted, these are similar to Level I centers but do not require the research and residency components. Additionally, they have lower volume requirements of major trauma patients.
Components of Level II Center
- Has the resources, equipment, and personnel to handle critical patient care.
- Has formal trauma certified doctors, nurses, and surgeons on staff at all times.
- Continues in training for the enhancement of trauma care.
- Has various levels of local (municipal) support and funding
Pediatric Trauma Centers
Additionally, all Level I Centers must have served as a Pediatric Trauma Center. And, other emergency rooms can have the designations of a Pediatric Trauma Center without Level I or II designations.
Components of a Pediatric Trauma Center
- They have resources and equipment to handle critical pediatric patients.
- Use pediatric critical care trained and certified personnel and staff.
- Has a pediatric trauma-certified emergency doctor and a pediatric surgeon on at all times.
Tampa Metro Area Trauma Centers
St Joseph’s Hospital
– Level II Trauma Center
– Pediatric Trauma Center
3001 W. Dr. Martin Luther King, Jr., Blvd Tampa, Florida, 33607
(800) 229-2273
Tampa General Hospital
– Level I Trauma Center
1 Tampa General Cir
Tampa, FL 33606
(813) 844-7000
Contact a Traumatic Injury Attorney Today
In short, if you or a loved one has visited an emergency room as a result of an auto accident, you need to speak to an attorney to learn your rights under the law. As a result, you may be entitled to compensation from the person that injured you.
Lastly, don’t go it alone, call the personal injury team at RHINO Lawyers which is the powerful, results-driven law firm that takes Insurance Companies and Bullies “head-on!” Thus, we describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
Read More
Box Truck Accident Passenger Seriously Injured
Due to the crash paramedics rushed the occupants of a box truck to the hospital in serious condition. The accident happened around 3 a.m. Wednesday, May 22, 2019, in the westbound lanes of I-4 near the 12 milepost.
According to the Florida Highway Patrol, the driver of the box truck went off-road for an unknown reason and hit a barrier wall that separated the highway from a Florida DOT scale building. The officer stated they weren’t wearing seatbelts causing them to be thrown from the truck.
Ejection Injuries in a Box Truck Accident
According to the National Highway Traffic Safety Administrations, you have around a 90 percent chance of dying when ejected from a vehicle in a crash. This is because of the violent nature of an accident that happens with enough force to eject occupants. Also, a person ejected from a car is not protected by the vehicle. So, they are subject to a secondary impact or severely injured by hitting the ground.
Passenger Injuries
Passengers of an auto crash are more likely to be severely injured or killed than the driver. Experts believe the reason for this is that the steering wheel offers some protection to the driver and that many times the passenger isn’t able to brace themselves or take other defensive measures prior to the crash.
Who Pays for my Injuries?
Many times, passengers of the at-fault driver wonder who will pay for their injuries. Florida law requires that anyone at fault for someone else’s personal injuries compensate them for their losses. This is true even if the driver and the passenger are friends, family and are on the same insurance policy.
This means that the insurance company of the drive of the car that caused the accident will have to pay for all financial losses incurred because of the crash. Also, if the injured passenger has auto insurance, there may some coverage from their own policy as well.
Do I need an Attorney after a Box Truck Crash?
The insurance company might tell you that you can’t sue a family member or that if you weren’t wearing a seatbelt, that the injury was your fault. Don’t listen to them. Talk to our personal injury team who knows the laws regarding personal injury and insurance coverage.
Call a Tampa Auto Accident Lawyer at RHINO Lawyers which is the powerful, results-driven law firm that takes Insurance Companies and Bullies “head-on!” Our Personal Mission is to empower Florida’s families to “Take Charge!”
Read More
Two Charter Buses Crash sending 34 to Hospital
Two charter buses taking students to Orlando on a field trip collided with each other injuring 34 of the 91 occupants of the buses. The Florida Highway Patrol says the buses were following a truck that was pulling a trailer that had no operating brake lights, and when the trailer slowed to turn into a driveway, the driver of the closest bus didn’t notice the turn and slammed on brakes.
The second bus driver was unable to slow in time and hit the bus in front of it. In all, 34 occupants from both buses went to the hospital. The rest were taken to a fire station to wait for another bus to take them on their way.
The accident happened around 10:15 a.m., Friday, May 17, 2019, in the area of Rockridge Road and Dean Still Road north of Polk City. The Port Richey Pepin Academies Pasco Campus students were going to the medieval festival in Kissimmee for a field trip. Most of the injuries were minor with a few being moderate. Of the 34 injured, three were adults who were chaperoning the trip. Police cited the driver of the pickup with defective equipment. And, charged one of the bus drivers with careless driving.
Charter Bus Accidents
Each year around 137,000 people injured and 135 people die in school bus-related incidents. Only 6 or 7 of those fatalities being students who were riding on the bus. Others include hitting kids outside the bus and occupants of other vehicles that collide with a bus.
Statistically, students are rarely killed while riding the bus. The reason is the size and weight of the bus. A bus weighs around 30,000 lbs which outweighs the average passenger car by a factor of 10. Thus, when a car hits a school bus, most of the damage is to the car. The students are usually protected by the bulk of the bus.
Bus Accident Injuries
The vast majority of the 137,000 injuries for bus occupants each year are minor, but some can be moderate to serious. Most school buses and private charter buses don’t have seatbelts. As a result, people get tossed around during an accident causing many of the injuries. These are some common injuries in a school bus crash:
- Head Trauma: From hitting the seat in front of the person.
- Broken limbs: Broken arms and legs happen when a person hits the seat or bulwark in front of them.
- Deep Contusion: The impact can cause deep bruising which can be painful and take time to heal.
- Lacerations: Broken glass, twisted metal can cause deep cuts and serious injury when a school bus crashes.
Do I need an Attorney?
If you’ve been injured in a school bus, charter bus or HART bus accident, then you should talk to an attorney about your case before you speak to anyone from the insurance company. Call RHINO Lawyers today to talk to our personal injury team in a free consultation where you can have your case evaluated by an auto accident professional.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
Read More
Can I Sue Someone in Prison after a Crash in Florida?
When a drunk driver kills a loved one, it’s an especially painful time for those close to the victim. Most surviving members of a DUI fatality want to see justice, and for that, they have to rely on the criminal justice system.
In most states’ laws today, when an impaired driver kills someone, they are facing some sort of manslaughter charge, and the sentence can range from a few months to 10 years for a first offense.
But what happens next? It helps if the person faces justice and goes to prison. Yet, that doesn’t bring the loved one back or help out with the financial burden left to those close to the victim.
For example, in Florida, a 47-year-old man driving impaired turned left into the path of a motorcycle, killing the rider. He received a charge of driving while impaired and manslaughter. Under Florida law, the mandatory sentence if convicted is 10 years, 4 months in prison and up to a $10,000 fine. In Florida, a judge can order financial restitution as well.
So, if the impaired driver receives the maximum sentence in this case, the question of whether justice was served arises. Shouldn’t the person have to pay for the damages they’ve done? Many people feel that justice isn’t served until the person pays compensation to those he or she has affected.
Criminal Restitution from Impaired Driver
If a judge orders criminal restitution for the damages to the victim’s family, they will only pay if they are able to. Under Florida law, collecting on an order of criminal restitution is difficult. The law treats it like a civil judgment.
Florida law allows for the protection of certain assets like a primary home, a car, and a certain amount of cash and other personal property so that judgment won’t make them a paupers. This means that if the impaired driver is just a regular person without stocks, bonds, vacation property, or other assets, the victim’s family won’t see a penny of the criminal restitution order.
Civil Lawsuit
This leaves the family with no other option but to sue the driver in civil court for all the damages and losses he imposed on the family. The impaired driver’s insurance will have to pay for the damages when sued for wrongful death in civil court.
Can I Sue Someone Who’s in Prison?
However, many people wonder if you can sue someone who is in prison, or do you have to wait until they get out? Or, they worry the insurance company will refuse to pay for someone if their client committed a crime.
The truth is that you can sue someone while they are in prison. If they had an auto insurance policy at the time of the accident, the law requires that the insurance company pay for the damages. Even if the driver was committing a crime at the time of the offense.
An insurance policy will pay for all financial losses that come from the insured person’s negligence. This allows the family to collect compensation for all losses. These include:
- Medical bills: If the deceased had medical treatment before he or she died.
- Pain and Suffering: If they went through any pain or suffering before they died, pain and suffering can be claimed.
- Funeral Expenses: You can claim the costs associated with a funeral and burial.
- Loss of Financial Support: Those who were being supported by the deceased can claim loss of past and future financial support.
- Loss of Consortium/Championship: Loss of spousal companionship and loss of companionship based on other relationships like father, mother, brother, sister, etc. have financial value.
What if the Impaired Driver Didn’t have Insurance?
If the impaired driver didn’t have insurance, then the policy of the deceased might come into play. If the policy had an uninsured/underinsured UM/UIM provision, then the family could seek damages from the deceased’s estate.
Florida law does not require a motorist to have UM/UIM. But it can be purchased in Florida, and many drivers have that coverage. This will also help if the impaired driver’s insurance caps out before paying for all damages. Then the underinsured part of the provision will pay where the driver’s policy ended up to the cap on the UM/UIM coverage.
Getting Justice
For almost any survivor of a loved one who has suffered their loss at the hands of an impaired driver, it’s not just about the money, but it’s about justice. Money won’t bring their mom, dad, son or daughter back, but it can help relieve the stress and anxiety especially if those left behind were counting on financial support from the deceased. It also provides some sense that justice is served fully when the impaired driver is sued in civil court and has to pay monetarily for their deeds.
Do I Need an Attorney?
In many cases, an attorney might not be necessary to make a claim against someone’s insurance policy if they hit you. However, there are certain legal requirements, deadlines, and other possible pitfalls when it comes to making a wrongful death claim, so the best thing to do is to at least talk to one.
The personal injury team at RHINO Lawyers knows the law, and they have the experience to battle the insurance companies to get you the compensation you and your family deserve. Talk to them at a free consultation and take the first step necessary to begin getting justice for your loved one.
Read More