Accidente fatal de bicicleta en estacionamiento en Homosassa
Un automóvil atropelló a un ciclista en el estacionamiento de una gasolinera y lo mató. El accidente ocurrió temprano el domingo 16 de junio de 2019, cuando el conductor de un automóvil de pasajeros chocó por detrás a un hombre que iba en su bicicleta. Los servicios de emergencia acudieron al estacionamiento de la gasolinera Racetrac, ubicada a lo largo de South Suncoast Boulevard, y lo trasladaron de urgencia a un hospital local, pero desafortunadamente falleció a causa de sus heridas. La policía dice que el accidente aún está bajo investigación y que había cargos pendientes, aunque no especificaron cuáles.
Lesiones de bicicleta en el estacionamiento
Casi cualquier choque en bicicleta puede ser mortal o producir lesiones corporales graves. Esto se debe a la naturaleza desprotegida del ciclismo y al hecho de que el automóvil promedio pesa hasta 20 veces más que un ciclista. Los estacionamientos representan un problema para los ciclistas, quienes a menudo pasan desapercibidos para los automovilistas.
Ante cualquier accidente, la persona culpable tiene que pagar las lesiones y las pérdidas financieras de la persona lesionada. Esto es cierto cuando un auto y una bicicleta chocan y si ocurre en un estacionamiento. En Florida, la ley establece ciertos patrones de derecho de paso en los estacionamientos.
Un estacionamiento tiene carriles de circulación, intersecciones, señales de alto y, por supuesto, cajones de estacionamiento. En términos generales, las reglas de tránsito se aplican como si se tratara de la vía pública, exigiendo que cada persona obedezca las normas y ceda el derecho de paso a los demás.
Por ejemplo, un automóvil tiene la preferencia de paso en un “carril” y el conductor tiene que tratar el área marcada frente a la tienda como un cruce peatonal. Asimismo, las bicicletas tienen las mismas normas de preferencia de paso y de infracciones de tránsito que los automóviles. Sin embargo, cuando se trata de un accidente y de la responsabilidad por una lesión personal, las cosas toman un rumbo diferente.
La negligencia y el deber de cuidado
En un estacionamiento, el conductor de un automóvil tiene el deber de actuar con cuidado al manejar su vehículo para que los demás puedan circular con seguridad. Esto no significa que se ignoren todas las normas de tránsito (y de los estacionamientos), pero la ley analizará las circunstancias de cada incidente para determinar si el conductor actuó con el cuidado razonable.
Si el ciclista violó el derecho de paso, pero el vehículo podría haberse detenido fácilmente, entonces un jurado podría considerar que, dado que un automóvil es mucho más grande y pesado, el conductor debe extremar los cuidados cuando hay bicicletas presentes. Por lo tanto, aunque el ciclista haya violado el derecho de paso, la ley permite que un jurado determine que el conductor fue negligente.
¿Qué debo hacer si sufrí una lesión en un estacionamiento?
Si estabas andando en bicicleta en un estacionamiento y un automovilista te causó lesiones, deberías hablar con un abogado para conocer tus derechos. La mayoría de los abogados especializados en lesiones personales ofrecen una consulta gratuita en la que puedes obtener una evaluación de tu caso para ver si la ley te permite reclamar una indemnización por tus lesiones. Los seres queridos que quedan atrás después de un accidente también deberían hablar con un abogado sobre demandas por homicidio culposo.
Habla con el RHINO Lawyers hoy. Nuestro equipo de lesiones personales es un bufete de abogados poderoso y enfocado en resultados, que enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre el “Derecho de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” para empoderar a las familias de Florida para que “¡Tomen el control!”.”
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Accidente de camión semirremolque en la I-4 mata a un hombre de Plant City, FL
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.
Muerte Injusta
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.
El Truck Accident Lawyers en RHINO Lawyers have the experience and knowledge to go up against the insurance companies. Call our equipo de lesiones personales today for a free consultation. Their personal mission is to empower Florida’s families to “Take Charge!”
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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 equipo de lesiones personales describes 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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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 equipo de lesiones personales en 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!”
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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 accidente 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 equipo de lesiones personales 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!”
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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 equipo de lesiones personales in a free consultation where you can have your case evaluated by an auto accident professional.
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!”.”
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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.
¿Necesito un abogado?
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.
El equipo de lesiones personales en 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.
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Distracted Driving Causes Five-Car Crash Injuring Two
A driver allegedly spilled his coffee which caused him to hit another vehicle and then set off a chain reaction with three other vehicles. According to Police, the accidente happened around 10:30 Tuesday, May 7, 2019, in the southbound lanes of I-75 between Fowler Avenue and I-4 in Tampa.
The driver of a Chevy Express told police that he spilled his coffee and looked down, and when he looked up, the cars in front of him had stopped. Police say that he then swerved into a center lane and hit a flatbed truck. Then a Chevrolet Camaro struck him The Express kept going across the lanes and hit a Dodge Durango before coming to a rest.
In all, the accident damaged five vehicles and sent two people to Tampa Bay General Hospital, one with serious injuries. It’s unknown at this time if the driver of the Express will be charged, and officers say that the accident is still under investigation.
Distracted Driving
When we think of distracted driving, we think of someone on their phone or texting while driving. While this is trending upward at an alarming rate, there are still “old school” ways to be distracted. According to a study by the National Highway Transportation Safety Administration, in 2017, there were almost 3,200 people killed by distracted driving, and almost another 500,000 were injured in 1.5 million crashes related to distracted driving.
That’s a lot of crashes and injuries that can be avoided by paying attention. Some of the ways other than cell phone use people are distracted are:
- Spilled food,
- Putting on makeup/combing hair
- Drowsy driving,
- Adjusting radio/CD player
- Talking/interacting with car occupants
Cell Phone Distracted Driving
Of course, the number one distracted driving cause is cell phone use. The NTHSA puts the number of distraction fatalities due to cell-phone use at 53 percent of all distraction fatalities. That means almost 1,800 of those deaths were caused by cell phones.
Why is cell phone use the culprit for such a high percentage? There are several reasons:
- Younger and less experienced drivers are more likely to text and drive.
- Looking at a text takes 5 seconds, the time it takes to travel the length of a football field if going 55.
- Drivers are more likely to use their cell phone multiple times on a trip.
- There are levels of distraction such as reading a text versus responding.
Types of Distracted Driving Injuries
When a driver is distracted, they are less likely to slow down, and thus speed becomes a factor in the crash. When this happens, there are some common injuries that happen in distracted driving crashes.
- Thoracic Spine Injury (Whiplash)
- Traumatic Brain Injury
- Concussion/Other head injuries
- Broken arms/legs
- Compression injuries
- Deep Contusions/Lacerations
Do I need an Auto Accident Attorney?
If you’ve been injured by a distracted driver, the best thing to do is to talk to our equipo de lesiones personales. Insurance companies have a job to do, and that is to pay you as little as they can so they can make money. Don’t talk to an insurance agent of one of their high-rise attorneys until you’ve spoken to an attorney you can trust to tell you the truth.
RHINO Lawyers are the Tampa Auto Accident Lawyers that take 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!”
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¿Lesionado en un accidente con un auto robado en Clearwater, FL?
A man stole a BMW from a gas station and sped down the street and struck another car. As a result, he injured himself and both occupants of the second BMW. According to a Clearwater police officer at the scene, the man was with a friend at a gas station and had been drinking. Then he jumped in his friend’s vehicle and sped off before crashing. He fled the scene on foot and hid in a nearby hotel where police captured him. He is facing multiple charges including grand theft auto, DUI with serious bodily injury, and fleeing the scene of a crash with serious injuries. All these are felonies in the state of Florida.
Compensation for Injuries in a Criminal Act
When injured in a car accident by a person who is committing a crime you might wonder if he or she can get compensation from the person who committed the crime at the time of the accident.
Though most people understand you can sue the person who committed the acts that led to the injuries. They also know that if an insurance company isn’t footing the bill. Then there is a little chance that they are going to see any of the money awarded by the court.
Whose Insurance Pays for the Damages?
However, if there is an insurance policy that applies, then they will pay the damages. However, you are not responsible for the damages done by the thief who stole your car if an accident happens. Since your auto insurance is based on your actions, and you aren’t liable, then your insurance company isn’t liable either.
This might leave you wondering. C mages from an accident with a car thief? There is only one way an insurance company would have to pay and that is through your own policy. There are several provisions that might come into play.
- Medpay: This is a provision that drivers can get on their own policy that will pay for medical bills regardless of who is at fault or injured. So long as the insured or their vehicle is involved.
- 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. As long as the accident involves the insured or their vehicle it also pays regardless of the person injured or at fault.
- 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.
The bottom line is that if you have an insurance policy with these provisions; your own insurance company will pay for your damages from an uninsured driver. If the person who stole the vehicle has insurance and his or her insurance company denied coverage. Then you can use your own UM/UIM because an uninsured driver hit you.
Medpay and PIP activate with any accident regardless of fault, so they would also pay for your damages. However, these policies usually have a much lower cap and don’t cover all damages.
Do I need an Attorney?
If you’ve been injured by someone who was driving a stolen car, you need to talk to our equipo de lesiones personales. You could get compensated for your injuries. Don’t let the insurance company tell you that their policy doesn’t cover the damages; rather get advice from someone on your side.
RHINO Lawyers es un bufete de abogados poderoso y enfocado en resultados, que enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre el “Derecho de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” para empoderar a las familias de Florida para que “¡Tomen el control!”.”
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Ciclista mujer muerta por camioneta en Clearwater
El conductor de una vagoneta atropelló y mató a una ciclista que iba en su bicicleta por Nursery Road. Según la policía, ella circulaba en bicicleta hacia el sur por una ciclovía cuando ingresó a la vía y la vagoneta la atropelló.
El accidente ocurrió alrededor de las 8:30, el miércoles 8 de mayo de 2019. La víctima salió del sendero Duke Energy Trail en la intersección de Nursery Road. El conductor del vehículo utilitario deportivo (SUV) no resultó herido y la policía dice que el accidente aún está bajo investigación.
Ciclistas en el tráfico
El uso de la bicicleta va en aumento en la mayoría de las principales ciudades de EE. UU., incluida Clearwater. Los líderes de la ciudad ven en las bicicletas una manera de sacar más automóviles de las calles. Esto ayudará a cerrar la brecha de transporte en muchas zonas desatendidas por otros medios de transporte.
Con el aumento de ciclistas entre los automóviles, los accidentes de bicicleta también van en aumento. La ley de Florida trata a las bicicletas como vehículos en muchas circunstancias. Además, los ciclistas deben obedecer las reglas de tránsito y de derecho de paso de la misma manera que los vehículos de motor.
Entonces, ¿significa esto que si un ciclista infringe un código de tránsito y un automóvil lo atropella, el lesionado o la familia del fallecido no pueden recibir una compensación por sus pérdidas? Aunque esto parece lógico, no es lo que dice la ley.
Responsabilidad en accidentes entre bicicletas y automóviles
Es posible recibir una multa por una infracción del código de vehículos en una bicicleta y, sin embargo, ganar en un tribunal civil en un juicio por lesiones personales. Al igual que la mayoría de los estados, la ley de Florida establece que no se puede usar la infracción de una ley de tránsito para probar o refutar la negligencia en un caso de lesiones personales. En su lugar, un tribunal civil examinará las circunstancias para ver si el conductor manejaba su automóvil con el cuidado debido a los ciclistas.
Esto se debe a que, al igual que los peatones, los ciclistas son especialmente vulnerables a sufrir lesiones o la muerte a causa de un auto o un camión. Incluso un simple choque puede ser mortal, ya que el ciclista puede salir disparado fácilmente de su bicicleta. Si el tribunal determina que tanto el ciclista como el conductor cometieron una falta, entonces, según la ley de lesiones personales por culpa comparativa de Florida, el ciclista podría recibir una indemnización por sus lesiones.
¿Necesito un abogado en caso de un accidente de bicicleta?
Aunque no es un requisito, te recomendamos que hables con nuestro equipo de lesiones personales quien puede asesorarte sobre tus derechos y sobre la ley. Los abogados de RHINO Lawyers comprender cómo funcionan tanto la legislación de tránsito como los procesos civiles por daños personales cuando se ha producido una lesión.
Si sufriste una lesión como ciclista, necesitas a alguien que te defienda y te ayude a obtener la justicia que mereces. 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!”.”
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