Can I still Sue if the Driver is Sent to Jail in Florida?
What happens when you lose a loved one in an auto accident by a drunk driver or they have been charged with manslaughter? Does this affect the options of those left behind? Can they still make a claim for wrongful death?
Typically, in a wrongful death claim, the at-fault driver hasn’t committed a crime or is charged with a homicide. Those making the claim just have to prove that the driver was negligent. To prove this, the family must show that the driver failed to use the proper care and that failure resulted in the death of the victim. Once established, then the family must show how the death has affected them emotionally, physically and financially.
Criminal Conviction and Restitution
When the person is drunk, charged with a DUI, and possibly a vehicular homicide, many wonder how this affects their wrongful death claim. If convicted, then in many states, the court will require financial restitution from the defendant to the victim’s family.
This usually consists of certain sums of money allowed under the criminal statute such as medical bills, property damage and lost time from work. This doesn’t affect a civil suit against the person as the laws are different for civil and criminal cases.
This means that the victim’s family will still have the right to make a civil claim for damages based on a wrongful death, and even if the criminal court orders the defendant to pay criminal restitution, any funds paid to the victim’s family will not have to be paid back nor will the defendant be given credit for those payments against the amount owed in a civil suit.
What if the Defendant’s Found Not Guilty?
Sometimes a person charged with DUI or vehicular homicide will win their court case and be found not guilty. When this happens, then there is the worry that the civil court will look at the not guilty charge and dismiss the civil wrongful death claims against the defendant.
However, by law in all states, a civil case can’t use a criminal conviction or acquittal to either determine fault or absolve the defendant of their liability. Again, this is because the two systems—criminal and civil—are separate and operate under their own laws, court rules and precedence.
Making a Wrongful Death Claim
A wrongful death claim is made in civil court and operates under the doctrine of negligencia. If they find the defendant to have acted carelessly and without due caution to the deceased, and that carelessness and lack of caution caused the death of the person, then the defendant’s liable to the family of the deceased.
Who can Make a Wrongful Death Claim?
The law requires that the person making the wrongful death claim have some legal relationship with the person such as blood-related (immediate family), adoption or marriage. This allows anyone such as a spouse, sibling, parent-child or another close family member to seek compensation for their loss.
However, the person making the claim will need to prove two things. First, they need to prove the other person caused the death through their negligence. Second, they need to prove they experienced financial harm because of the death Most often, the estate of the deceased makes the claim, and all those who had compensable losses can share in the award.
Do You Need an Attorney Needed to Make a Wrongful Death Claim?
In most states, a legal representative of someone’s estate needs to file a wrongful death claim. The court typically appoints the administrator of the estate. Often this person was named in a will. However, this person doesn’t have to be an attorney.
When involving an estate, you must follow certain laws. These laws ensure acknowledgment and given notice to all claims to the estate. Failure to do so can result in the representative being sued. Also, there are certain deadlines and form requirements for filing a civil suit for wrongful death. A mistake in any one of these can possibly harm the case.
Who Pays in a Civil Wrongful Death Case?
Some wonder will the person’s insurance pay for damages if the incident happened during a criminal act. However, all states require an insurance policy to pay for damages. As long as, their client is liable for damages while driving the insured car.
A defendant could have a judgment entered against them and face a lawsuit if they were driving without insurance. But, without an insurance company paying for the judgment, many times the victims are unable to collect.
However, there are options with the deceased’s insurance policy. If the victim had an auto insurance policy, and if the policy had certain provisions, the family may be able to collect some of the compensation allowed under the law. Those options are:
- Medpay: This is a provision that drivers can get on their policy. It will pay for medical bills regardless of who is at fault or injured so long as involvement includes the insured or their vehicle.
- Personal Injury Protection (PIP): This works similar to 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 it 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.
Almost all states require their drivers to either have insurance or proof that they could pay an amount equal to the minimum policy limits in that state. Only one state, Virginia, does not require their drivers to pay for an insurance policy. However, they have to pay a fee of $500 a year if they do not have insurance.
Some states require either UM/UIM, PIP or Medpay while others do not. In all states, the insurance company will sell the driver an add-on policy provision if it’s not required by law.
Contact RHINO Lawyers
If a loved one was killed by a negligent driver, contact Tampa’s Auto Accident Lawyers today for a free consultation and case evaluation. In many cases, there is more than just one negligent party. We’re competent and compassionate lawyers who will advise you of options in your best interest. If retained, our equipo de lesiones personales will hold everyone accountable who contributed to the wrongful death of your loved one.
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Passenger Killed in Road Racing Crash in Lakeland FL
The drivers of a Jeep and a motorcycle squared off at a stoplight both revving their engines. When the light turned green the vehicles took off, and after racing a few blocks, the Jeep lost control and hit a light pole. Ejected from the vehicle during an accident the passenger died of her injuries. However, they took the driver to a hospital in critical condition.
The accident happened Sunday, April 14, 2019, and a Polk County Sheriff’s deputy said that the accident was needless and could have been avoided. They are still looking for the motorcycle rider who was far enough ahead of the Jeep that he might not have known that the Jeep crashed.
The crash is still under investigation, and charges are possible against the driver of the Jeep.
Street Racing Accidents
More than just speeding, street racing creates unjustified risk for those involved as well as innocent bystanders and other motorists. A study by Arizona State University’s Center for Problem-Oriented Policing found that street racers come in two primary demographics: Young divers ages 18 to 24, and older drivers, 25 to 40. The younger drivers race for prestige and bragging rights, but as they age they sometimes race because of the muscle cars they have spent years restoring and modifying for speed.
The study also focused on ancillary problems associated with racing. The draw of racing promotes other crimes for a variety of reasons. Some like auto theft to support the costs of racing, others like gambling, impairment, and use drugs to enhance the racing experience. The study identified other crimes as well:
- auto and auto parts theft,
- assaults (including assaults in retaliation for failure to pay racing bets),
- drunken driving and driving under the influence of drugs,
- insurance fraud (relating to racers betting on outcomes),
- illicit gambling,
- public intoxication/urination and other public order offenses,
- trespassing, and
Street Racing Liability
When the inevitable injuries occur, many wonder how they will receive compensation. In a typical accident, the insurance company for the driver who was at fault will pay for the damages, injuries and other financial losses. However, sometimes passengers get hurt, or maybe someone watching or participating in the race. What happens then? They hold the negligent party accountable. Negligence is when someone engages in conduct and doesn’t use the due care and caution required to keep others safe.
Passenger Injuries
When a passenger is hurt in one of the cars in a race, the most obvious at-fault person is the driver of the car carrying the passenger. If this person has auto insurance, the policy should cover the damages and injuries up to the policy limits.
Other than the driver of the car that crashed, compensation can come from the driver of the car that didn’t crash, any of the race organizers or anyone involved in the race in any way. Basically, liability falls on anyone who contributed to the cause of the accident. Because they contributed to the race which led to serious injury or even death.
What do I do if I’m Injured in a Racing Accident?
At the scene and only after you are safe and able to do so, get the names of those involved starting with the drivers of the cars that were racing. Get pictures and the names of any witnesses. However, if your injuries prevent you, in most cases, the police will investigate so you might get those from them, eventually.
Don’t talk to the insurance company of any of the racers. Even if you had involvement in the race yourself or were an innocent bystander. The reason is that the insurance company will use anything you say to either increase your fault in the incident or diminish your injuries and losses.
Talk to our equipo de lesiones personales who can tell you your rights and evaluate your case. A consultation won’t cost you anything, and you will be then able to make an informed decision. RHINO Lawyers is a powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We employ our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Can You Ignore a Red Light Camera Ticket in Florida?
You might not even know when that the red light camera gets you in an intersection. You’re a careful driver, and you’re not just going to disregard a red light. Without any intent, even our best judgment can fail us though. Tickets are issued to careful drivers every day as a result of innocent errors in speed, timing and when a traffic light is going to turn red.
Red light camera tickets are different than other types of tickets. No police officer witnesses the alleged violation pulls you over and issues you a ticket. A camera in an intersection takes a picture of your car when it doesn’t come to a complete stop at a red light. Since there’s no police officer to issue you a red light camera tickets come in the mail. They’re nearly indefensible, and they’re expensive too. Don’t ignore them though. You’ll become a victim of the ticket’s snowball effect.
Upon your receipt of a red light camera ticket, you have 30 days to contest it. If you pay the ticket, you’ll be admitting guilt, but no points will go against your driver’s license. Your insurance company will see the conviction though, so it’s likely that your insurance premiums are going to rise by at least 10 percent. Don’t just ignore the ticket though. Your fine is going to increase by about 40 percent, and if you continue to ignore the ticket, your driver’s license will be suspended. That’s part of the snowball effect. Fines will also increase if you’re stopped by a human police officer and cited for driving on a suspended license. After that, there is the license reinstatement fee.
Here’s the other surprise. Your failure to pay the ticket will likely be reported to the credit bureaus. Suddenly, you’re a deadbeat, and you’ll be paying considerably more to have credit extended to you. The snowball effect can cost you thousands of dollars in the long run. Upon your receipt of any red light camera ticket in the mail, you’ll want to contest it immediately, After that, call us and let the criminal defense team en RHINO Lawyers help you.
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Are Red-light Cameras Legal in Tampa?
When you’re approaching an intersection, and the traffic light turns yellow, you have about a half of a second to make a decision on whether you have enough time to make it through the intersection before the light turns red. The amount of time that the traffic light remains yellow isn’t uniform from city to city across Florida either. It might not even be uniform from intersection to intersection in the same city. The one thing that’s for certain is that there are times when innocent people get caught in the middle. Sometime after that, they receive their notice of a red light violation in the mail. That’s when the reality of red light cameras hits people. Red-light cameras seem unfair and their fines are expensive. Yet, red-light cameras are legal in Florida.
Florida passed its red-light camera law in 2010. It’s up to the various municipalities in the state as to whether they want to use them. To date, about 50 cities in the state use red-light cameras. In 2018, they collected an estimated $100 million in revenue from red-light cameras. Legislation is pending yet again in Tallahassee to ban red-light cameras. It seems to be an annual piece of proposed legislation. The House approved a similar bill in 2018, with a vote of 83-10. However, the bill stalled in the Senate. The new bill for 2019 must still pass two committees before the House can vote on it. Assuming they approve, then it goes to the Senate again. Red-light cameras will continue to be legal in Florida unless approved the House, the Senate, and signed off on by Governor DiSantis. If that doesn’t happen, you can expect similar bills seeking to repeal Florida’s red-light camera law in future legislative sessions.
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Fatal Motorcycle Crash in Pinellas Park
A motorcycle and a car crashed killing the motorcycle rider and seriously injuring the driver of the car. The accident happened around 7:30 p.m., Wednesday, April 10, 2019, at the intersection of 62nd Ave. N and 25th Street in Pinellas Park.
According to the Florida Highway Patrol, the driver of the passenger car turned into the path of the motorcycle causing the collision. The motorcyclist died later at Bayfront Health, St. Petersburg. They took the driver of the car to Bayfront and listed them in serious condition.
Police say that the accident is still under investigation and that charges against the driver of the car are pending.
Left Turn Motorcycle Crashes
Unfortunately, after a crash, many drivers say they never saw the motorcycle coming. When a car makes a left in front of a motorcycle, even the best riders are often unable to avoid a collision.
Compared to occupants of an automobile, motorcyclists are not protected by a vehicle. In almost every motorcycle accident, the rider gets knocked off the motorcycle and strikes the pavement. There are common injuries that motorcycle accident victims endure, they are:
- Traumatic Brain Injury: The head often hits the pavement or the other vehicle which puts the rider at risk for serious head injuries—even if wearing a helmet.
- Facial Injuries: Many times, the riders face can sustain serious injuries due to the open-faced helmet leaving the face unprotected.
- Broken wrists: Riders often grip their handles tight in anticipation of the crash causing a severe break.
- Chest/Rib Injuries: Riders often hit their handlebars which can cause severe compression injuries to the chest. These injuries include broken ribs and lung punctures.
- Road Rash: This happens when exposes skin comes into contact with the pavement and can be similar to burn injuries.
- Deep Bruises: Many times, the double impact (first impact and then with the road) can cause deep and severe bruising.
Do I need an Attorney?
If you or a loved one is involved in a motorcycle accident and are seriously injured, you need to at least talk to an attorney. You don’t have to hire one to make a claim, but before you do anything, talk to someone who can advise you of the law and your rights. If a loved one died you should also be aware of demandas por homicidio culposo as well.
The insurance company has one job to do, and that is to pay you as little as possible. It’s not personal, it’s their job. You need an attorney who knows the law and can go up against the insurance company on your behalf.
Contact a Florida Motorcycle Accident Lawyer.
If you were involved in a motorcycle crash, contact our equipo de lesiones personales today for a free consultation and case evaluation. RHINO Lawyers es el bufete de abogados poderoso y enfocado en resultados que se enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre la “Ley de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” de empoderar a las familias de Florida para que “¡Tomen el Control!”.”
Leer másWhere Are The Red-light Cameras in Tampa?
To start with, they discontinued red-light cameras in about half of all surrounding communities. Yet, Tampa still has its red-light cameras. Thus, victims of the cameras haven’t found them to be cheap either. In fact, red light tickets start out at $158, and if a motorist fails to pay the fine after their first notification, the fine increases to $262.
Consequently, red-light camera tickets are mailed to the person that the offending vehicle is registered. So, if somebody else is using your car, you’re the person who gets the ticket. However, you can contest the ticket. But, proving that you weren’t the driver of the vehicle at the time that the alleged offense was committed can be difficult.
Granted, if you pay the ticket on a timely basis, no points are going to be tacked onto your driver’s license. Yet, if you fail to pay it within the time prescribed, you’ll be paying the increased fine, and you’ll receive the points on your license. So, if a person wishes to contest his or her ticket, he or she must appear in court.
Red-light Cameras in Tampa
In fact, there are a total of 55 red light camera controlled intersections in Tampa. Here are all of their locations:
- Eastbound E. Fowler at N. Nebraska Avenue.
- Westbound E. Busch Boulevard at N. Nebraska Avenue.
- Southbound N. Nebraska Avenue at E. Busch Boulevard.
- Northbound N. Nebraska Avenue at E. Fowler Avenue.
- Westbound E. Hillsborough Avenue at N. Nebraska Avenue.
- Northbound N. Nebraska Avenue at E. Hillsborough Avenue.
- Eastbound E. Hillsborough Avenue at N. 40th Street.
- Westbound E. Hillsborough Avenue at N. 40th Street.
- Northbound N. 40th Street at E. Hillsborough Avenue.
- Eastbound E. Hillsborough Avenue at N. 22nd Street.
- Westbound E. Hillsborough Avenue at N. 22nd Street.
- Eastbound W. Waters Avenue at N. Florida Avenue.
- Southbound N. Florida Avenue at E. Waters Avenue.
- Northbound N. Florida Avenue at E. Waters Avenue.
- Southbound N. Florida Avenue at E. Busch Boulevard.
- Eastbound E. Busch Boulevard at N. Florida Avenue.
- Westbound E. Busch Boulevard at N. Florida Avenue.
- Westbound W. Waters Avenue at N. Armenia Avenue.
- Southbound N. Armenia Avenue at W. Waters Avenue.
- Eastbound W. Waters at N. Armenia Avenue.
- Northbound N. Armenia at W. Hillsborough Avenue.
- Southbound N. Himes at Avenue at W. Hillsborough Avenue.
- Northbound N. Lois Avenue at W. Hillsborough Avenue.
- Eastbound E. Adamo Drive at S. 50th Street.
- Northbound S. 50th Street at E. Adamo Drive.
- Eastbound W. Kennedy Boulevard at E. Adamo Drive.
- Eastbound W. Kennedy Boulevard at N. Ashley Drive.
- Eastbound S. Dale Mabry Highway at W. Kennedy Boulevard.
- Northbound S. Dale Mabry Highway at W. Kennedy Boulevard.
- Southbound S. Dale Mabry Highway at W. Gandy Boulevard.
- Eastbound W. Gandy Boulevard at S. Dale Mabry Highway.
- Eastbound N. Dale Mabry Highway at W. Columbus Drive.
- Westbound N. Dale Mabry Highway at W. Columbus Drive.
- Southbound S. Manhattan Avenue at W. Gandy Boulevard.
- Eastbound W. Gandy Boulevard at S. Manhattan Avenue.
- Westbound W. Gandy Boulevard at S. Manhattan Avenue.
- Westbound W. Gandy Boulevard at S. Westshore Boulevard.
- Eastbound W. Gandy Boulevard at S. Westshore Boulevard.
- Northbound S. Westshore Boulevard at West Gandy Boulevard.
- Eastbound E. Busch Boulevard at N. Nebraska Avenue.
- Northbound S. Dale Mabry Highway at W. Gandy Boulevard.
- Southbound S. Dale Mabry Highway at W. Kennedy Boulevard.
- Eastbound E. Fowler Avenue at N. 30th Street.
- Westbound E. Fowler at N. 30th Street.
- Northbound N. 30th Street at E. Fowler Avenue.
- Southbound N. 30 Street at E. Fowler Avenue.
- Northbound S. Howard Avenue at W. Kennedy Boulevard.
- Eastbound W. Kennedy Boulevard at S. Howard Avenue.
- Westbound E. Hillsborough Avenue at N. Florida Avenue.
- Southbound N. Westshore Boulevard at W. Kennedy Boulevard.
- Eastbound W. Kennedy Boulevard at N. Westshore Boulevard.
- Westbound W. Kennedy Boulevard at N. Westshore Boulevard.
- Westbound W. N. Dale Mabry Highway at Dr. Martin Luther King Jr. Boulevard.
- Southbound W. N. Dale Mabry Highway at W. Dr. Martin Luther King Jr.Boulevard.
- Westbound W. Dr. Martin Luther King Jr. Boulevard at W. N. Dale Mabry Highway.
Finally, a bill in the state legislature is presently being pushed to eliminate all red-light cameras in Florida. In fact, the Florida Department of Highway Safety and Motor Vehicles has released its study on red light camera intersections. However, it found that minor accidents increased at red light camera controlled intersections, major accidents decreased. Thus, recommendations were published in the study on how to decrease accidents at these intersections.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
In short, RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Thus, having won cases for our clients in similar circumstances, our criminal defense team know what it takes to fight on your behalf.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
Leer másDoes Tampa Still Use Red Light Cameras?
Other than a few people at Tampa City Hall, it’s hard to find anybody else who lives in the city that likes red light cameras. They’re beyond controversial, and tickets issued for alleged red light violations aren’t cheap either. They can cost you $158 with no points on your license if you make a timely payment. However, they will cost $262 with points added to your license if you pay late. Floridians first started seeing red light cameras in 2010, and they’ve proliferated across the state. Tampa has them positioned at about 54 locations now.
Florida House Bill 6003
Florida House Bill 6003 is presently pending in the Senate. Its proponents want to ban red-light cameras across the state. The cameras are in about 50 Florida communities now. Bill 6003 passed overwhelmingly in committee. An opponent of the cameras has remarked Florida municipalities have become addicted to the revenue that red light cameras produce.
One company that manufactures and operates the cameras has retained 26 lobbyists. They do not want the cameras discontinued or the revenue generated from them. Proponents of the cameras rely on public safety grounds. In fact, the Florida Department of Highway Safety and Motor Vehicles (FDHSMC) says that the cameras resulted in a five percent decrease involving drivers running a red light.
Opponents of red-light cameras
Opponents argue that proponents are using red-light cameras to support the FDHSMC’s numbers and disregarding the unfavorable data. They also argue camera controlled intersections have a shortened time frame for yellow lights. Opponents also maintain that the cameras are a violation of a person’s 6th Amendment right to confront witnesses against them. It’s impossible to cross-examine a camera.
Even if a police officer testified on behalf of the prosecution in a red light camera case; he or she could only testify to the fact that such a camera is in place at a certain intersection. Any testimony about a specific driver, installation of the cameras, functionality, or maintenance is based on speculation and hearsay. The cameras also have a highly limited field of recording. They don’t show their own errors or traffic conditions on their sides or ahead of them. Consequently, that might explain an alleged violation or a defense of necessity.
Previous attempts at legislatively discontinuing red light cameras have failed in Florida’s Senate. The lawmakers who voted against discontinuing the cameras maintained that it is less expensive to rely on the red light cameras than to have police officers patrolling problematic intersections. It’s likely far more profitable too. A House staff analysis has estimated that local participating governments who discontinue the cameras could see an estimated $80 million loss in revenue per year.
Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers
Lastly, if you received this type of ticket, contact the RHINO Lawyers. We are a tough, thick-skinned law firm offering a robust approach to traffic ticket defense and all Florida driver’s license issues. Our criminal defense team knows the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”
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Felony Speeding in Florida?
We’ve probably all received a ticket for speeding. Yet, it’s highly unlikely that we’ve received a charge of felony speeding. That can happen in Florida though.
If a person who is operating a motor vehicle at 50 mph or more over the posted speed limit on a third or subsequent violation, he or she can expect to be charged with felony speeding. Or, a third-degree felony. Felony speeding is punishable by up to five years in a state prison, a driver’s license revocation for 10 years and a fine not to exceed $5,000.
There are also likely to be consequences in employment, educational and housing opportunities along with a person’s eligibility to own or possess a firearm and vote.
Always remember that the prosecution has the burden of proving you guilty of a criminal offense beyond a reasonable doubt. Don’t give the state any additional evidence to try and convict you with. If a police officer asks you if you know how fast you were going, politely reply that you don’t know. However, you must produce your driver’s license, registration, and proof of insurance. Yet, the law does not require you to answer any questions without an attorney being present on your behalf.
Invoke your right to an attorney as soon as possible by asking to speak with us. Law enforcement will take you into custody and place you under arrest for going 50 mph or more above the speed limit. Not to mention, posting a cash bond is often required for release. Rather than answering any questions, ask to be able to contact our offices at your earliest opportunity.
Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers
If you received this type of ticket, contact the RHINO Lawyers. We are a tough, thick-skinned law firm offering a robust approach to traffic ticket defense and all Florida driver’s license issues. Our criminal defense team knows the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”
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Can a Reckless Driving Charge Be Dismissed in Florida?
Reckless driving is a serious offense in Florida. It’s the closest offense to drunk driving that exists. We have seen drunk driving charges reduced to a lesser charge of reckless driving. In fact, under those circumstances, they often refer to the offense as a “wet reckless.”
A person shows a willful and wanton disregard for the person and property of others when they drive recklessly. A conviction for a first charge of reckless driving will carry a possible sentence of six months in jail and a fine not to exceed $500. A second conviction carries up to a year in jail and a fine of up to $1,000.
The Florida court system hears reckless driving cases daily. In some cases, they actually dismiss the charges. Such a dismissal is sometimes based on evidentiary grounds in return for a plea of guilty to a lesser offense like careless driving. It might also occur pursuant to a negotiated plea of guilty to reckless driving. Yet, the dismissal would be contingent upon payment of fines and court costs and compliance with any terms of probation. On a straight plea or finding of guilt, it’s unlikely that the ultimate dismissal of a reckless driving charge would be available.
Always remember that even if they dismiss the reckless driving case against you, that charge will remain on your record. However, the record of that arrest will stay with you for the rest of your life unless you have it expunged. Having the charged expunged is another process. It involves the Florida Department of Law Enforcement and the courts in the county the arrest occurred. Without that expunction, you can expect the prosecution to take a harsher approach to the disposition of a second reckless driving charge.
Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers
If you received this type of ticket or a careless driving ticket, contact the RHINO Lawyers.
As a tough, thick-skinned law firm we offer a robust approach to traffic ticket defense and all Florida driver’s license issues. Our criminal defense team knows the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Lastly, disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”
Can I Move My Car After an Accident in Florida?
To begin with, many people wonder if the law allows them to move their cars after an accident. As well as moving the cars before the police arrive. In a typical case, two cars hit each other on the freeway causing light damage to both cars. But then instead of pulling over, just sit in the lane to wait for police to arrive. Common sense might tell them to move to avoid getting hit. Yet, many motorists aren’t sure if they must stay in that spot or move their cars. They don’t want to do something illegal if they can help it.
Florida Law
In Florida, the law actually requires you to move your cars out of traffic. And, to a safe location after a wreck. This is common in most states. Thus, the purpose of the law is the safety of the people involved in the crash and to those in traffic vulnerable to secondary crashes.
Florida Motor Vehicle Code Section 316.061 and 316.071 require that anyone involved in a crash must attempt to move the vehicle out of the flow of traffic if possible, and if they are unable, then get help to do so.
This means if two cars get into an accident and come to a rest in traffic, then they need to drive the cars to the side of the road. If the vehicle won’t run, then they need to get help. This means that if needed, call a tow truck to move the car out of traffic.
The penalty for violating these sections is a fine and court costs which vary over time in amount. Historically, it’s rare that the Florida Highway Patrol will give out fines. However, they are out on the highways every day. As a result, they see small wrecks end up leading to a secondary with serious damage and injuries.
In a rear-end accident in April 2019, a Florida Highway Patrol Helicopter spotted two cars that collided. The cars stopped in one of the middle lanes on Brandon Boulevard approaching the onramp to I-75. A video shows several near misses that could have caused serious injuries, especially one near-miss involving a motorcycle. This poignantly illustrates how important it is to remove the cars from traffic.
What if I’m Injured?
The law requires the driver of the wrecked car to make “every reasonable effort” to move the car out of traffic. This language means that if the driver suffers injury or just incapable of moving the car, or if moving the car would actually cause more risk of injury or secondary crashes, then it’s not a violation of the law to leave it there.
In most cases, the courts will allow the driver to use common sense. However, moving the vehicle when its unreasonable to leave the vehicles there could avoid an accident, the police have the option of issuing a ticket.
Tampa Car Accident Lawyer
If you were injured in a crash, contact the Tampa Car Accident Lawyers en RHINO Lawyers today for a free consultation and case evaluation. The equipo de lesiones personales en RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”
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