Noticias

Lesiones por tractocamiones causadas por escombros voladores en Florida

In a freak accident, a wheelchair liftgate came off of an 18-wheel truck and struck four bike riders as it drove by. According to the Port Richey Police, the liftgate was on a truck hauling medical equipment for Florida Cancer Specialists mobile PET/CT. But, as it was making a left turn onto Ridge Road from U.S. 19 when the lift broke free. The trucking accident happened Monday night before 8 p.m., April 29, 2019. The driver of the tractor trailer did not know the liftgate had come off the back. Some witnesses followed the driver to his stop and alerted him, and he is cooperating with authorities. All four cyclists were seriously injured with two undergoing emergency surgery. The Port Richey Police Chief says he’s never seen or heard of anything like it. His office will conduct a thorough investigation.

Flying Debris Accidents

Large commercial trucks are dangerous and put all motorists and others around them at risk. Most of this risk is because of their size and mass, but they also can cause injury by flying debris. According to the National Highway Traffic Safety Administration, there are almost 500 fatalities each year. As well as, thousands of incidents of damage and injuries each year from debris flying from tractor trailers. Much of this is loose debris on the road. While in other cases, objects fly off the truck after coming loose or breaking away from the truck. The Federal Motor Carriers Safety Administration has regulations for trucks traveling on interstate and federal highways. Each tractor trailer driver handles their load and must make sure the load is secure. This is so that nothing will come loose, leak, or come off the truck and put the public at risk. Also, there are rules and regulations about the maintenance of the rigs and the trailers. These ensure that incidents like the liftgate accident don’t happen. Yet, even with all the regulations and safety precautions, accidents happen.

Injuries from Flying Debris

While traveling on the road injuries occur in many ways. Just as there are common injuries that come from certain types of auto accidents; flying debris injuries follow a pattern as well. Some of the common injuries are:

• Head Injuries: Traumatic Brain Injury, concussions, and skull fractures are common injuries for most motorists and pedestrians. Because they don’t wear helmets.
• Broken Bones: The impact of objects flying at a high rate of speed causes different types of bone fractures.
• Deep Contusions/Lacerations: Debris that impacts the body can produce deep bruises and cuts, some of which can be serious if not treated quickly.

Commercial Tractor Trailer Liability

When an object comes off a truck, the driver/owner of the truck may be liable for all damages. In some cases, the truck kicks up the object. Then the law will require the injured to show how the truck driver was negligent and did something to cause the injuries. This usually means they must prove that certain safety requirements weren’t met or that the driver wasn’t properly operating the vehicle. For example, a truck operator has to have mud flaps that prevent debris from flying up. As well as, following the requirements to keep the truck free of dirt, rocks, and other objects that can fly off. Federal law requires that all commercial large trucks have $750,000 worth of liability for property and bodily injuries. However, most commercial companies carry at least one million to protect themselves against the financial losses caused by accidents.

Do I need a Trucking Accident Attorney?

Were you injured by objects or debris that flew off of another vehicle? Then you should talk to our equipo de lesiones personales about your case. The insurance companies will try to claim that their driver wasn’t negligent and isn’t liable for any injuries. Don’t let them get away with it, call RHINO Lawyers today to get the compensation you deserve. 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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Tractor-trailer and SUV Crashed Killing One

An SUV and a tractor-trailer crashed Tuesday morning, April 30, 2019, killing the driver of the SUV. Both vehicles were traveling on U.S. 301, and it’s unknown what caused the tractor-trailer and SUV to crash at this time. When the Florida Highway Patrol arrived on the scene, they found the semi-truck seriously damaged and in a jack-knife position and parts of the SUV was scattered across the scene.

A Hillsborough County sheriff deputy tweeted a picture of the engine that appears to be several yards from the SUV. His tweet read, “We just want to take a moment to remind everyone that nothing, ABSOLUTELY NOTHING, is worth ending up in an accident like this. We always want everyone to go home safely every single day. We want the same for you and your family. Please drive safely. Pay attention and arrive alive.”

There are no reports of other injuries, and police are still investigating the incident.

Tractor-Trailer Accidents

A fully loaded tractor-trailer weights 80,000 lbs., almost 20 times that of a passenger car. According to the Institute for Highway Safety, there were almost 4500 deaths in the U.S. involving large trucks. Out of those, only 17 percent of the deaths were the drivers of the truck, 68 percent were passenger vehicle occupants and 15 percent were pedestrians and motorcycle riders.

This shows the risks motorists and their occupants take when they venture onto the highways alongside semi-trucks and other large vehicles.

Big Rigs and Safety

Common sense tells us to be cautious when driving around larger vehicles. Yet, understanding what makes them dangerous can go a long way in avoiding accidents. Here are some safety tips:

• Stay out of the No Zones: Large trucks and buses have huge blind spots on all four sides. One rule of thumb is if you can’t see the driver in their mirror, they can’t see you.
• Pass Safely: Make sure the driver can see you and then pass quickly not riding next to the rig very long.
• Don’t Cut it Close: It’s especially dangerous to “cut off” a commercial bus or truck as they can’t stop as quickly as a car.
• Stay Back.
• Anticipate Wide Turns: Big rigs need a wide berth, and if you can learn to anticipate that, you can avoid injury.
• Be Patient: Frustration can make you do something rash. Slow down and save lives.
• Buckle up: Always wear your seat belt and require your passenger to do the same.
• Don’t Drink and Drive: This is good advice for any driving situation. Impairment puts you and anyone else on the road at risk.

Do I need an attorney?

If you’ve been injured by a semi-truck or other large vehicle, then you should talk to a Tampa Truck Accident Lawyer 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 our auto injury professionals.

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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Driver Killed Trying to Free Passenger in Crash

The driver of a vehicle struck and killed another. It happened after the driver lost control and hit a guardrail today just after 2 a.m., April 29, 2019. According to the Florida Highway Patrol; the driver of a Toyota Tacoma went on the outside shoulder of I-75 and over-corrected. Then the driver veered across all lanes of the freeway and hit the guardrail in the median.

He got out to free his passenger and the driver of a Chevy Sonic struck him. He died from his injuries. They airlifted the trapped passenger to Bayonet Point Hospital with serious injuries.

We’re deeply saddened to hear of this terrible crash.

Good Samaritan Injuries

It is not always safe when helping in an accident scene. The person helping could suffer injuries or harm. Accident scenes can be very dangerous places even after a wreck is over. Especially on freeways, approaching vehicles will often strike pedestrians at the scene.

The American Auto Association says that if a person is involved in a crash and there is a significant risk of further collisions, or being killed by another driver. Then the best thing to do is stay in the car until told to get out by authorities.

This isn’t always practical, especially when people see others in distress – it’s a natural inclination to help out.

What Should I do When Injured While Helping?

Being hit or injured while trying to help someone is not your fault. If everyone had that attitude, many people today would be dead or more seriously injured. Don’t let the insurance companies imply or say that you are at fault for stopping and thus not entitled to any compensation for your injuries. Get help from someone who knows the law and has experience with insurance companies.

If you ever find yourself in a similar situation, talk to our equipo de lesiones personales. They can tell you the law and give you good advice. Our Tampa Auto Accident Lawyers will meet with you in a free consultation. The 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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2019 Child Safety Seat Laws in Tampa Florida

All parents and guardians traveling through Florida are responsible for knowing the state’s most up-to-date child safety seat laws. Like every other state in the nation, FL police take these laws seriously. So, violators could face serious punishments if they are caught. Besides fines, you could get points taken off of your license if police catch you driving around the Sunshine State with a child who is not properly secured.

Thankfully, parents have many helpful resources available to help them understand what’s expected of them. If you’re unfamiliar with these laws, then it’s well worth your time to read through Florida’s safety seat policies listed below. We’ll also share a few helpful websites you could use to better understand Florida’s child safety seat laws.

A Quick Overview Of Florida’s Child Safety Seat Laws

Florida law requires children under the age of 5 to be properly restrained in a safety device when traveling in a vehicle. For children between the ages of 0-3 years old, this could either be a separate carrier device. Or, a vehicle manufacturer’s integrated child seat. However, children between the ages of 4-5, could legally use a booster seat or the other two options listed above.

Although Florida law doesn’t specify which car seat to use, the American Academy of Pediatrics (AAP) suggests parents follow these guidelines:

• Infants should ride in a rear-facing restraint until they outgrow the manufacturer’s height and weight limits.
• After rear-facing seats, children should transition to forward-facing devices until they weigh over 65 pounds.
• Once a child has outgrown forward-facing seats, s/he should move on to a booster seat.
• Parents shouldn’t allow children to wear a car’s safety belt until they are at least 4’9’’ tall.

To read Florida’s child safety laws in full, please see Florida State Statute 316.613. You could also learn more about these laws on this Florida Highway Safety and Motor Vehicles (FHSMV) page about Child Restraints.

A Few Helpful Safety Resources

Unfortunately, recalls aren’t uncommon in the car safety seat industry. Parents should check the latest news from their car seat’s manufacturer. This will ensure they are using a product without any potential hazards. One easy way to keep tabs on car seat recalls is to visit this portal put together by the FHSMV. The National Highway Traffic Safety Administration also has a website dedicated to car seat recalls which you could find here Child Seat Recall Listings.

Not sure you installed your child safety seat is properly? Then you should schedule an appointment with a Florida Highway Patrol officer for a complimentary evaluation. To find an official safety screening location near Tampa or anywhere else in Florida, please visit this webpage put together by the FHSMV.

Using all these resources will help you when traveling with your little ones. Keeping your child safe from the Panhandle all the way to the Keys.

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Intentional “Accidents” and Personal Injury Claims

A woman driver struck a man on I-4 just north of Hillsborough Avenue around 7 p.m., Thursday, April 25^th, 2019, and police at the scene say that it looked like it was intentional. According to witnesses, a man exited his stopped pickup truck and walked across the interstate. After, the woman driver then crossed all three lanes and struck him and kept driving.

Police apprehended her a short distance away. The breathalyzer showed her to have a BAC of .219 which is almost three times the limit in Florida. They took the passenger to a local hospital with serious injuries and booked the driver into Hillsborough County Jail without bond. She faces numerous charges including DUI and vehicular assault.

Intentional “Accidents”

Criminal charges for intentionally injuring someone in an auto accident can bring up a lot of questions regarding personal injury. Many people wonder if the defendant being in jail or prison will affect their personal injury claim.

In Florida, the law allows the judge in a criminal case to order restitution for injuries and damages done to their victim. Therefore, the law allows for the following restitution:

• The cost of necessary medical and related professional services, and services relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing.
• The cost of necessary physical and occupational therapy and rehabilitation.
• Reimbursement of income lost by the victim as a result of the offense.
• An amount equal to the cost of necessary funeral and related services if an offense that resulted in bodily injury also resulted in the death of a victim.

However, often, the defendant is unable to pay these themselves, and you can’t use auto insurance payments to pay a court-ordered penalty or fine. So, this leaves the victim to turn to the civil courts for compensation.

Personal Injury Claim

Fortunately, there is no requirement that an “accident” actually be accidental before an insurance policy will cover the losses. Hence, if the defendant was insured with a typical insurance policy, all that is required for the company to pay is that the injuries come from the operation of the insured car.

Incidentally, the injured person still has to prove that the collision was the fault of the driver and that the driver was negligent in the operation of the vehicle.

One issue that comes up is whether doing something intentionally is considered “negligent” for making a personal injury claim. The answer is yes. By definition, if a person does something recklessly and without care to others, and that causes a personal injury, then they are negligent.

Damages in an intentional personal injury

A person can claim any losses in an intentional personal injury that they could in a typical accident. Some of the most common are:

• Medical Bills
• Lost Wages Past and Future
• Pain and Suffering
• Loss of Quality of Life
• Mental Anguish
• Rehabilitation
• Job Training

Punitive Damages in Intentional Personal Injury in Florida

Florida allows for punitive damages against someone who does something particularly egregious. If this is the case, the court can award up to three times the compensatory damages as punitive damages. However, Florida specifically precludes punitive damages done by the insured if the act was intentional.

Tampa Auto Accident Lawyer

Lastly, if you’ve been injured in by someone intentionally, talk to our equipo de lesiones personales about possible compensation 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 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 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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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 25^th 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!”.”

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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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Fatal Hit-and-Run Motorcycle Crash

A fatal hit-and-run on Saturday, March 30, 2019, killed the rider after throwing them and their passenger off the bike and onto the pavement. Tragically, the operator of the motorcycle died from his wounds, and they took the passenger to a nearby hospital where she is recovering.

According to the Florida Highway Patrol, the driver of the car, a 2001 Hyundai, then fled the scene leaving the victims on the pavement. Police are still looking for the driver, and it’s unclear at this time if alcohol was a factor. Once found the driver is potentially facing felony charges of leaving the scene of an accident with serious injury. (Update: 4/1/2019 the driver turned themselves in and received a charge with leaving the scene of a fatal crash and hit-and-run crash with serious injury.)

Hit-and-Run Accidents

A victim of a hit-and-run accident faces a unique risk caused by the fleeing driver. Many times, the injured person in an accident is unconscious or unable to assist themselves even to get help. If no Good Samaritans are nearby, this delay could mean the victim is more seriously injured or dies.

Also, victims of a hit-and-run feel twice victimized, once by the accident and again when the person flees. This often adds to the stress and anxiety that already accompanies a motor vehicle accident.

Injuries at Further Risk in a Hit-and-Run

There are many types of injuries that can happen in a hit-and-run; with some putting the victim at a higher risk of death or more serious injury. They are:

• Neck Injuries: Stabilize neck injuries quickly because delays might cause more problems.
• Deep lacerations: Any loss-of-blood injuries can put the victim in danger if first aid is delayed.
• Punctured Lungs: Broken ribs can lead to a punctured lung; which can deprive a person of their ability to breathe and get oxygen.
• Heart Attack: The stress of an accident can cause a heart attack. A quick response from EMS can make a difference.
• Pregnancy/Delivery: An accident can put a pregnant woman into labor. The quicker the response, the more likely there will be a good outcome.

Liability in a Hit-and-Run

For some victims, the hit-and-run driver adds a third victimization when the bills begin piling up. Because the at-fault driver isn’t known, the person is unable to collect from that person’s insurance, and the victim wonders how they will pay their bills.

However, if they don’t find the driver there are some resources that someone can use to compensate them for their injuries:

• 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. It also pays out regardless of the person injured or at fault so long at the insured or their vehicle is involved.
• 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.

Do I need an Attorney?

If a hit-and-run driver injures you or a loved one, you need to talk to an attorney. They can evaluate your circumstances and find all sources of compensation for your injuries. Don’t wait for the other driver to be found, act quickly and get the right advice.

If you were involved in a crash similar to this one, 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!”.”

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