Noticias

Cyclist Killed in Hit-and-Run in Tampa

A cyclist died after being struck by a car Saturday night, February 15, 2019. According to a Florida Highway Patrol officer at the scene, the cyclist was crossing U.S. 19 at Salt Springs Boulevard around 8:40 p.m. when he was hit. The 2004 Saturn Ion then drove off making this a hit-and-run bicycle accident.

Tragically, the cyclist died from his wounds, and police are looking for the driver of the Saturn for questioning. Police are asking anyone with information on the accident to call the FHP at (813) 558-1800.

Bicycle Hit-and-Run Accidents

Anytime a cyclist is hit by a car and injured it can be traumatic for the cyclist. A car outweighs a bike and cyclist by about 20 times, and even a small impact can cause great injury. However, when the driver of the car flees the scene, it creates even greater trauma and risk of injury.

When a cyclist or pedestrian is hit by a car, typically the driver of the car is uninjured and is able to render assistance and call for help. However, once the driver leaves, the victim is left to fend for himself or herself.

This might mean a delay in aid or the injured is left vulnerable to a second impact. Also, the injured person can feel twice victimized, once by the collision and then by the driver leaving them laying on the street.

Insurance Claims

In most collisions, the at-fault person is liable for the damages to property and to the person. However, in a hit-and-run, there are unknowns. First, it’s difficult to assess blame when there is only one person’s word for what happened. Second, even if the driver seems to be at fault, the fact that the driver’s identity is unknown makes it impossible for the victim to make a claim against their insurance policy.

Many questions arise such as:

• Who is going to pay for my injuries and lost time from work?
• Can I make a claim against my own insurance company?
• If so, even if I was riding a bike?
• Am I know an enemy with my own insurance company?
• What if I settle and then they find the person who did it?

All of these are great questions that often have different answers depending on the circumstances. You might be able to make a claim against your own auto insurance policy if you have a provision that pays out regardless of fault. In some policies, the uninsured or underinsured provision of your own policy might come into play.

This might put you at odds with your own insurance policy, and many feel that then their rates might go up. The injured has to balance all of these concerns against the prospect of absorbing the financial loss for the injuries.

The best thing to do if you are the victim of a hit-and-run as a cyclist is first to get medical attention, and then (even at the scene if possible) get pictures and save all damaged or even undamaged bike equipment so they can be useful later. Even if the police do their own investigation, make sure the items from the crash are not discarded.

Do I need an Attorney for a Hit-and-Run?

It doesn’t matter if the insurance company is yours or the other driver’s, they still have one job to do: pay as little as possible. Insurance companies don’t make a profit if they give out too much money, so they only pay out what they have to.

If you are injured, contact a competent attorney to find out if you are entitled to compensation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” Anyone injured due to the negligence of another driver in Florida may should us for a free consultation. Our equipo de lesiones personales will offer you advice to help you get the compensation you deserve.

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Car Hits Motorcycle Seriously Injuring Riders

A car hits a motorcycle in an intersection injuring both the rider and passenger around 1:50 p.m., Friday, February 9, 2019. According to the St. Petersburg Police Department, a 20-year-old driver of a Lexus pulled out from sitting at a stop sign at N. 19^th St. and Haines Rd. and hit a Harley Davidson motorcycle broadside.

The impact ejected the bike’s rider and passenger sending them to the pavement. They listed both in serious condition at a local hospital. Police cited the driver of the Lexus for failure to yield to the right-of-way at an intersection.

Motorcycle Crashes

When a car hits a motorcycle in a crash, it’s more likely the motorcycle riders will sustain injuries or death. According to many federal studies, a motorcycle rider involved in a crash is six times more likely to be killed or seriously injured. In 2017, 40,000 people died in auto accidents, and 12 percent (5,000) of those were from motorcycle rider or passengers. However, motorcycle riders make up only three percent of vehicle operators.

The fatality rate, which is the number of deaths per 100,000 miles traveled, of a passenger vehicle was 11.1 in 2017. Yet, motorcycle riders had a rate of 56.3. This shows the higher chance motorcyclists have for death or serious injury.

Causes of Motorcycle Crashes

A factor involved in a majority of motorcycle crashes is the low profile of the motorcycle. This creates the problem that motorcycles are often not seen by the car driver until too late. In most of these, the driver of the car is usually at fault as they pull out in front of a bike or hit it broadside.

In intersections, left-turn crashes happen often. This occurs when a motorcycle has the right of way and the car turns left into the path of the bike. This accounts for a substantial amount of motorcycle crashes. Safety experts say that in nearly two-thirds of crashes involving a motorcycle and another vehicle, the other vehicle is at fault. This again goes to the visibility of the motorcycle.

Not all motorcycle crashes are the fault of the car driver. Some of those where the rider is at fault are:

• Speeding: Motorcycles are fast and speed is attributed in the majority of motorcycle crashes where injuries occurred.
• Unsafe lane changes/Aggressive driving: Many motorcyclists weave in and out of traffic because they are smaller and can fit where a car can’t. This is the cause of some crashes
• Lane splitting: Driving between two lines of cars (lane splitting) often causes crashes as the space gets narrow or a car door is opened. This is illegal in Florida, but legal in other states like California.
• Dooring: This happens when a motorcycle rides past a parked car and someone opens their door, or when the cyclist is lane-splitting.
• Impaired Driving: Impaired driving by motorcycle riders is a factor in 47 percent of motorcycle rider/passenger fatalities.
• Sudden stops: This occurs both when motorcycle riders stop suddenly and when a car driver stops suddenly.

Injuries Common for Rider/Passenger

• Traumatic Brain: Injury: Both are at risk, and the uses of a helmet will reduce—but not eliminate—the risk.
• Broken bones: Hitting the handlebars and frontal ejections are common for both riders and passengers. Any ejectment can cause broken bones. (facial, wrists, legs and ribs)
• Road Rash: Though not as life-threatening as other injuries, road rashes are very common and can cause significant pain and disfigurement.
• Deep Bruises: Even a smaller accident can cause deep bruises when the driver falls to the pavement.

Contact a Motorcycle Accident Attorney Today

If you are injured as a motorcycle rider or passenger, contact a competent Tampa motorcycle accident lawyer to find out if you are entitled to compensation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”

Anyone injured due to the negligence of another driver in Florida may should us for a free consultation. Our equipo de lesiones personales will offer you advice to help you get the compensation you deserve.

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Driver Causes Fiery Crash and Flees

A driver flees the scene of a fiery crash. The driver of a Chevy SUV swerved to avoid another motorist and lost control of his vehicle. The SUV hit a guard rail and flipped over then caught fire. The driver escaped the flames and paramedics took the driver to Tampa General Hospital.

According to the Florida Highway Patrol, the crash happened around 12:45 a.m. on I-4 east of I-275 in Hillsborough County. The driver of the car that caused the SUV to crash fled the scene and no description of the driver or the car has been given. Anyone with any information about the crash or the unknown vehicle should call the FHP at (813) 558-1800 o *FHP.

“Swerve” Accidents

A swerve accident is one where a driver causes another to swerve to avoid a collision who then crashes into another car or an object causing injury. Many times, the driver of the car that swerved feels that since the other car didn’t hit them, then they have no claim.

However, the law doesn’t say that. The bottom line is that if any driver does something that causes another person to be inured, there is a potential claim for injuries. The key is whether the at-fault driver was negligent.

Don’t be fooled by an insurance company or their lawyers who tell you that there is no claim because their client’s car never actually struck your car. Call an attorney who can help you with your claim.

Hit-and-Run Accidents

Hit-and-Run accidents are especially troubling and can cause additional emotional stress for the victim who often feels twice victimized. First by the collision and then by the fleeing driver who left them injured and without any help.

The problems that come from a hit-and-run are numerous. First, with no one else around the victim is often left without help. Then no one is around to give first aid or call for help. The injured victim might suffer a greater injury because of the delay.

Second, the stress of having been injured and then having the driver flee can cause emotional distress and hamper the healing process.

Insurance Issues

The injured then becomes victimized a third time when the bills start coming in and there is no money to pay as the injured is out of work. This brings up many questions for the injured regarding who will cover those losses when the at-fault person hasn’t been identified.

• Who will pay my medical bills?
• Can I file the accident on my own insurance policy?
• What injuries can I claim?
• What if I wasn’t using my own car, can I still use my own insurance?
• Will I have to pay them back if the at-fault driver is found?

These are all good questions for the person injured in a hit-and-run. First, you may be able to file under your own auto insurance policy. Many policies have a Medpay or personal injury protection (PIP) provision that pays for injuries in an auto accident regardless of fault.

Typically, Medpay will only pay for medical bills up to a capped amount, and you may have to pay the insurance company back if the at-fault driver is found and pays you for your losses.

PIP pays for medical bills plus lost time from work and some other things like permanent disability, etc. It also has a cap, but in most policies, you won’t have to pay them back if the at-fault driver is found.

If that isn’t available, then many policies have an uninsured/underinsured provision that will pay out when there is an accident involving a vehicle (even if it’s not yours) for some of your losses if there is no insurance or too little insurance. Depending on the policy, this may cover some of the driver’s losses.

Do I need an Attorney When a Driver Flees the Scene?

Most of these questions and more can be answered by a competent attorney, one who knows the law regarding hit-and-run accidents and one that is experienced with insurance companies. Even if you don’t hire an attorney, you owe it to yourself to talk to one. Then you can make the decision informed and knowing what you are getting into if you decide to go it alone.

Contact a Tampa Auto Accident Lawyer

After any crash, contact an attorney if there is a serious injury or loss of a loved one. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”

Anyone injured due to the negligence of another driver in Florida may should us for a free consultation. Our equipo de lesiones personales will offer you advice to help you get the compensation you deserve.

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Wrong-Way Driver Kills Man on Suncoast Parkway

A man driving a GMC pickup the wrong way on the Suncoast Parkway (S.R. 598) in thick fog and crashed head-on into a vehicle going the correct way. According to a Highland County Sheriff’s office at the scene, the accident happened early Sunday morning, February 3 near mile marker 38. The wrong-way driver killed the driver of a Mini Cooper when he hit him head-on.

The Sheriff’s office said they suspect impairment to be a factor, and the wrong way driver had a previous DUI conviction in 2009. However, they have not filed charges, and it’s unknown if the driver of the GMC pickup was actually impaired.

Wrong-Way and Head-On Driving

Head-on collisions are the deadliest, according to a report by the National Highway Transportation Safety Administration. Head-on collisions account for only 2 percent of total accidents each year but make up 10 percent of all fatalities.

There are two types of head-on collisions: centerline drift and wrong-way driving (WWD). Centerline drift head-on collisions occur when the driver drifts or slides over the centerline of a non-divided highway and hits an oncoming car head-on. Eighty-five percent of head-on collisions are centerline drifts.

WWD collisions happened only in 15 percent of head-on collisions and occur when a vehicle enters a divided highway or freeway going the wrong way and hits a car going the correct direction.

Causes of Wrong-Way Driving

WWD collisions cause slightly more severe injuries and fatalities than other head-on collisions because of the high speeds of a non-divided highway. For these to occur, the driver must enter the lanes from the wrong direction, typically using in off-ramp for an entrance. Cause of these are:

• Impairment
• Poor visibility
• Poor/confusing signage
• Distraction including cellphone
• Relying on the navigation app

Head-On Collision Injuries

The reason head-on collisions are so deadly is that the impact comprises both vehicles’ speed and mass. Also, the occupants are thrown toward the front of their car, and then they are thrown violently back into their seats. This action causes certain common injuries:

• Blunt Force Trauma: The vast majority of fatalities come from the impact of the person into whatever is in front of them.
• Traumatic Brain Injury: Not always fatal and happens with the impact of the body at the time of collision.
• Thoracic Spine Injury: (Whiplash) This injury is not necessarily fatal, but it often results in paralysis. It comes from the body being thrown forward where the spine in the neck is stretched and then violently compressed when thrown back into the seat.
• Broken Bones: Skull fractures, facial bones, ribs and extremities such as wrists, ankles legs.

What Should I do if I’m Injured in a Head-on Collision?

If you are injured in a head-on collision, your number one priority is the get safe and then address immediate medical needs. After that, if you are able, make sure to get as much information as possible taking pictures if you have your phone or another camera with you.

Sooner or later, the focus will shift to who was at fault once the financial losses began mounting. At this point, it is best to talk to a professional who can advise you on the law and to evaluate your case. Don’t be fooled by the insurance agent as they have their own interests.

¿Necesito un abogado?

In some cases, maybe not. However, in a multiple car collision where the damages are significant, then talking to an attorney is a must. You need an attorney who can give you unbiased advice and can evaluate your case.

Contact a Tampa Auto Accident Lawyer Today

Talk to an Attorney at RHINO Lawyers hoy. Nuestro equipo de lesiones personales is ready to start working for you to get you the compensation you deserve.

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Fatal Automobile Accident Wrongful Death Claims

Over 30,000 people die each year in auto accidents across the U.S. with 3,000 of those happening in Florida. When this happens, it’s devastating for the surviving members of the family. Whether the person is a spouse, parent, child or grandparent, if a family member is taken in an auto accident, the loss is traumatic.

If a loved one dies in an auto accident due to someone else’s negligence, a natural question is, who is able to make a claim if the injured person is dead?

If a loved one was killed in a head-on collision in Florida, contact our personal injury team today for a free consultation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”

What is a Wrongful Death Claim?

Since a person who has passed can’t file a claim for his or her losses from an auto accident, the Florida law allows the estate of the deceased to file a claim. The estate is the rightful heir of a person’s wealth and property as determined by Florida’s inheritance laws. First in line is the surviving spouse, and then the children, if any.

The claim is based on the loss of the deceased to those in his or her family. Many times, those killed in a car wreck have a spouse and dependent children that counted on support. Also, there is a loss of the person as a spouse, parent or child, and this loss is acutely felt by those left behind.

Making the claim

Florida law spells out what a wrongful death is based on and under what conditions it can be made. Basically, the person or people who are inheriting the estate can recover damages based on the negligence of the at-fault person, and if that negligence resulted in the death of the person, then a wrongful death claim can be made.

Conduct that Leads to a Wrongful Death

There is a wide range of negligent actions that can lead to a wrongful death claim. For each of these, the at-fault person must be considered to have been negligent and the act caused the death of the victim:

• Driving while Impaired
• Speeding
• Wrong-Way Driving
• Rear-end collisions
• Head-on collisions
• Reckless driving

Types of Damages in a Wrongful Death Claim

Florida law states the types of damages that can be claimed. In a typical claim for damages, the inured person claims the losses he or she incurred because of the negligence of the at-fault person. However, in a wrongful death claim, damages can be based on the losses sustained by both the estate and the individuals affected by the loss. These damages are:

• Medical bills of the deceased, if any.
• Funeral expenses of the decedent.
• Pain and suffering of the deceased, if applicable.
• Loss of future income
• Spousal Loss of companionship, consortium.
• Parental loss of companionship (children’s relationship with deceased parents).
• Mental/Emotional pain and suffering of the children.

When can a Claim be Made?

After the victim dies, the estate and survivors have two years to file a claim with the court. Similar to other cases based on negligence, before filing with the court, a settlement can be made with the insurance company. But if the case is not settled within two years, then the claim needs to be filed with the court.

Many surviving members wonder if hiring an attorney is required in a wrongful death case. It doesn’t require one in most cases, but the wrongful death laws can be complicated. So the best course of action is to talk to an attorney who understands Florida’s wrongful death laws.

Contact a Tampa Car Accident Attorney Today

Even if you don’t hire an attorney, you need to speak to one that knows the law and can evaluate your case. Talk to an auto accident attorney at the RHINO Lawyers hoy. Nuestro equipo de lesiones personales is ready to start working for you to get you the compensation you deserve.

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Rear-End Accidents in Tampa FL – Auto Injury Lawyers

Rear-end collisions are by far the most common type of vehicle accident making up over 30 percent of all accidents. According to the National Highway Traffic Safety Administration, there is an average of 2 million rear-end collisions a year resulting in over 500,000 injuries and 17,000 deaths.

In Florida, over 400,000 auto accidents happen each year with 120,000 of them being rear-ended collisions. In addition, the NHTSA found that rear-end collisions were more likely to occur in urban areas. Subsequently, this means you are at more risk of a rear-end collision in places like Tampa Bay, St Petersburg, Clearwater, Brandon, and Spring Hill. In fact, this is primarily due to the number of cars and the stop-and-go driving that is common in urban driving.

Thus, if you were seriously injured or a loved one was killed in a rear-end collision in the Tampa area, contact us today for a free consultation and case evaluation.

Causes of Rear-End Collisions

First, there are many reasons why rear-end crashes occur, and understanding these can help someone avoid rear-end crashes in the future. Some of these are:

• Sudden stop/Failure to stop: This is common on freeways and highways where the car in front suddenly stops and the following car doesn’t have time to avoid a collision.
• Lane change: Often times a driver will change lanes and not maintain the proper distance from the car in front.
• Distracted driving: Cell phone use is becoming the number one distractor in all automobile accidents. Others are eating, shaving, putting on make-up, changing radio/cd, interacting with other passengers.
• Impaired Driving: Alcohol has been the number one type of impaired driving responsible for many rear-end crashes. Today, marijuana impairment is trending upward as more states legalize recreational usage of the drug.
• Drowsy driving/fatigue: Driving too long without a rest or just getting behind the wheel without enough sleep cause a significant amount of rear-end collisions.

Common Rear-end Collision Injuries

En RHINO Lawyers, we see all types of injuries that come from automobile accidents. Those that are most common with rear-end collisions are:

• Whiplash: In medical terms, this is a hyper-extension and hyper-flexion injury and is the number one type of injury in rear-end collisions. It happens when the vehicle comes to a sudden stop. Afterward, the person slams forward and then slams back into their seat. These injuries can be painful and take a long time to heal. In some cases, people need surgery to repair cervical disc injuries that are common with whiplash.
• Traumatic Brain Injuries: Head impacts on the dash or the steering wheel can cause mild to severe concussions. Unfortunately, this causes injuries to the brain. When the head makes a sudden impact, the brain moves inside the skull, and in many cases, brain damage is a result. When this happens, there is typically a long road of cognitive rehabilitation ahead for the victim.
• Broken Bones: Anytime there is a sudden impact on a person, there is a chance for a fracture. In a rear-end collision, common fractures are to the hands due to bracing or holding onto the steering wheel; the feet from the legs and feet impacting the floorboard and firewall; collarbone/ribs from the seatbelt; and spine fractures that can lead to paralysis.
• Airbag injuries: Airbags undoubtedly save lives, but they can also cause severe burns and even death if the person is not the right heights or weight to be in a seat with an active airbag. Incidentally, some airbags malfunctions can send shrapnel through the car causing injury or death.
• Permanent disfigurement: Sometimes the victim of a rear-end collision will hit a steering wheel, dashboard, side window or side door frame and receive deep and severe lacerations requiring surgery. Personal property flying inside of the vehicle or broken glass may cut a person in the car.

Common Damages in a Rear-End Collision

Under Florida law, a person hurt by another’s negligencia is entitled to be “made whole.” This is often impossible, but it can provide a basis for determining a financial award. Some of the damages allowed are:

• Medical Bills
• Lost wages, past, and future
• Permanent injuries/disabilities or disfigurement
• Pain and suffering
• Loss of quality of life/consortium
• Wrongful Death compensation
• Emotional distress

In short, money can’t make these things go away. But, it can help compensate for the many losses that come from an accident like a rear-end collision. Therefore, many victims of these accidents wonder if they need to get an attorney. In most cases, the answer is yes.

Contact a Tampa Area Car Accident Lawyer

Lastly, contact a Tampa Car Accident Lawyer that knows the law and can evaluate your case. So, talk to an Attorney at RHINO Lawyers hoy. Nuestro equipo de lesiones personales is ready to start working for you to get you the compensation you deserve.

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Tampa Man Killed in Five-Car Pile-up on 301

A five-car pile-up happened after a GMC Envoy hit a Toyota Sienna who stopped in traffic. The GMC pushed the Toyota into a Chevy pickup. Once these vehicles came to a rest, a Lincoln SUV stuck the Envoy. As a result, the Envoy ran into the Sienna again who hit the Chevy pickup for the second time.

According to a Florida State Trooper at the scene, the driver of the Envoy died at the scene. Paramedics took two other drivers to a nearby hospital with undisclosed injuries. Law enforcement arrested the driver of the Lincoln SUV for driving without a license.

Multiple-Vehicle Crashes

Multiple-car crashes can be dangerous as there are several impacts. In fact, some vehicles get hit more than once. This can cause serious injuries as many victims endure multiple hits. There are typically two types of multi-vehicle accidents: chain reaction and pile-up. Each of these have their own characteristics and create unique problems for all involved.

Chain Reaction Crashes

A chain-reaction crash happens when a collision occurs involving two cars and then other impacts occur in a series of events all linked to the first collision. These can be especially deadly. This is because the vehicles involved are traveling at higher speeds and have significant momentum. These types of crashes are known for high property damage, rollovers, centerline/median crossing and cars leaving the roadway.

Five-Car Pile-Up Crashes

A five-car pile-up or multi-car wreck, although technically a chain reaction as well, happens when cars fail to slow or stop when approaching another accident or stopped vehicles. These collisions can be small fender-benders to high-impact collisions. Click the chain-reaction crash video to watch the shocking pile-up unfold on an icy freeway.

Problems with Multi-Car Crashes

A significant factor in a multi-car crash is the risk of being struck a second or third time as cars come up on the scene. Many times a chain reaction turns into a pile-up collision as other motorists are unable to stop.

According to experts, the best thing to do in a chain-reaction or pile-up collision is to stay in your vehicle with the seat belt on. This is because the car around you—even damaged—offers more protection than getting out and being in the open. Of course, there are many times when it’s better to exit the vehicle such as when the vehicle is on fire or leaking fuel.

How is Fault Determined?

After clearing the scene and everyone has been treated and healing, the fault of the accident will become important. Because those injured will be facing severe financial losses. Some of these losses that affect the victim soon after the accident are:

• Medical bills
• Rehabilitation
• Lost time from work
• Loss of a job
• Transportation: short term and replacement
• Disability: temporary or permanent

The issue of fault in a two-car collision can be tricky at times. However, in a five-car pile-up crash, the series of events and the difficulty the crash scene investigators have when trying to determine what happened compounds the trickiness. With so many cars and possible impacts, it can be a challenge to determine the facts.

It’s likely that in multi-car crashes, more than one person will be at fault. The investigators will look at each impact and try to determine which car struck the other under what circumstances. Because a second or even third impact could involve the same car with a different driver at fault for each impact. This can make determining which driver is responsible for which injuries extremely complicated.

¿Necesito un abogado?

Talking to an attorney is a must after any crash involving a serious injury or the loss of a family member. You need an attorney who can give you unbiased advice and can evaluate your case.

Even if you don’t hire an attorney, talk to an Attorney at RHINO Lawyers hoy. Nuestro equipo de lesiones personales is ready to answer any questions you may have.

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Statute of Limitation of Personal Injuries in Car Accidents

A statute of limitations is a law that limits the time a person has to file a complaint for a lawsuit. In Tampa and the rest of Florida, if the lawsuit involves a claim for a personal injury, then the plaintiff (the one filing the claim) has four years from the date of the accident to file.

This means anyone involved in an accident on January 1, 2016, will usually have until January 1, 2020, to file. You can file on that day, but if you wait until January 2, 2020, then a judge can throw out the suit. Due to not filing on time. Very few exceptions exist.

Be sure to speak to an attorney to have them go over your options as soon as possible when injured. If your injury happened in the Tampa, Florida area, contact us today for a free consultation.

Purpose of a Statute of Limitations

In each state, that state’s legislature passes a law determining the statute of limitations for different types of legal claims. The reason for the limit is that as more time goes by, the more difficult it is to find witnesses and evidence that could assist the jury in determining what happened. The limit is on the plaintiff because he or she controls filing the case. Whereas the defendant has no ability to hurry up the claim.

Exceptions to Filing by the Deadline

There are situations that stop or “toll” the time running on the statute of limitations. If any of these apply, then the clock stops running and then continues if the situation changes back. Some of these circumstances are:

• Incapacitation: If incapacitated from injuries, such as a coma, then the time for filing stops until the person is out of the coma or dies.
• Out of the state: If the person who committed the act leaves the state after the case has been filed, then it stops until he or she returns.
• Concealment: If the defendant attempts to hide from the person who wants to file a claim, then the time stops.
• False Name: If the defendant uses a false name to attempt to prevent the plaintiff from locating the defendant.

How it Works

On the day of the accident or personal injury, the plaintiff has four years to file a claim. If you file the claim even one day after the four years are up, then the court can dismiss the case. And no claim can be made for damages from the defendant.

However, if one of the exceptions happens—like the defendant leaves the state for two years—then the statute of limitations time could stop accruing, and may not pick back up until the person returns to the state.

Comuníquese con un abogado de lesiones por accidentes automovilísticos en Tampa

If you have been injured in an auto accident or by some other person’s negligence, you need to see an attorney right away to discuss when the deadline is for your case.

Don’t wait until the last minute as then something might happen and the deadline might pass. Call the Tampa Auto Injury Lawyers en 844 RHINO-77 o 844 879 3213 para hablar con nuestro equipo de lesiones personales quién puede asesorarle sobre las leyes de lesiones personales de Florida.

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Seguro sin culpa en Tampa, Florida

Florida has a “No Fault” personal insurance system meaning that the law requires each driver to have a $10,000 personal injury protection policy (PIP). This means that when someone in Florida is involved in a car accident, all medical bills and lost wages up to $10,000 must be paid from the injured person’s own PIP which pays 80 percent for medical bills and 60 percent of lost wages.

It works like this: You get into an auto accident that is your fault. Then your PIP pays medical bills (80%) and any lost wages (60%) up to $10,000.

Let’s say it’s the other driver’s fault. Then not much has changed as you still have to use your own PIP insurance to pay for your medical bills and lost wages up to $10,000. However, what about those bills and/or lost wages beyond $10,000?

Exceptions to PIP Insurance

Florida law allows for exceptions to having to use your own PIP. This means that if one of these exceptions applies, then you can sue the other driver. These exceptions are:

• Medical bills/lost wages greater than $10,000.
• Significant and permanent loss of an important bodily function.
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
• Significant and permanent scarring or disfigurement.

This means that if you have any amount of medical bills for a “significant and permanent loss of bodily function” then you can sue for those damages regardless of the amount of the medical bills. When you do sue, you can get “special damages” for pain and suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease. You have to prove that the defendant was negligent and that these injuries arose from the accident.

How it Works:

Let’s say you are in an automobile accident that is not your fault and you have $5,000 in medical bills and $5,000 in lost wages. Then even though it’s someone else’s fault, you have to use your PIP insurance to pay for your medical bills and lost wages. So for $5,000 in medical bills, your PIP will pay $4,000 leaving you to pay $1,000. For your lost wages from being out of work, your PIP will pay you $3,000.

Let’s say that out of those $5,000 in medical bills, $4,000 was for a significant and permanent injury. Then you can sue the other driver for those $4,000 plus any special damages such as pain and suffering.

Now let’s say that your medical bills were $20,000. But they weren’t considered significant and permanent, and you weren’t out of work. In this case, you must use your own PIP for the first $10,000 (you would still owe $2,000 after PIP paid $8,000). After, you can sue the other driver for the remaining $10,000 plus pain and suffering and all other special damages. One thing to keep in mind when you sue for anything not covered by your PIP insurance, Florida is also considered a Comparative Fault state. Meaning that if you were somewhat at fault, the amount paid from the other driver gets reduced by that percentage.

Always Call a Tampa Auto Accident Lawyer

If you are seriously injured in an auto accident, speak to a Tampa Auto Accident Lawyer. Call the RHINO Lawyers at 844 RHINO-77 o 844-879-3213 para hablar con nuestro equipo de lesiones personales quién puede asesorarle sobre las leyes de lesiones personales de Florida.

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Culpa comparativa en Tampa, Florida

Cuando alguien sufre un accidente automovilístico, muchas veces una persona es completamente culpable. En estos casos, la disputa gira en torno a cuánto dinero recibirá la persona lesionada. Basan la compensación en el monto de sus pérdidas. Antes de las leyes de culpa comparativa, la ley exigía que la persona culpable pagara el 100 por ciento de los daños. Sin embargo, si la persona lesionada tenía parte de la culpa (lo que se denomina negligencia concurrente), entonces esa persona no recibía ninguna compensación.

Muchos sintieron que esto no era justo, ya que por lo general no es tan blanco y negro determinar cuántas culpas tuvo cada persona. Además, si el demandante (la persona que interpone la demanda) tenía tan solo un 1 por ciento de culpa, no recibía nada. Entonces, ¿qué sería justo?

En la década de 1960, surgió la idea de dividir la culpa entre las partes. Hoy en día, todos los estados de EE. UU., excepto cuatro, asignan un porcentaje de culpa en el accidente a cada parte. Como resultado, cada persona paga su propio porcentaje de culpa por las lesiones del demandante. A esto lo llaman negligencia comparativa o culpa comparativa.

¿Lesionado? Antes de continuar leyendo, tenga en cuenta que puede comunicarse con nosotros para una consulta gratuita en la que le brindaremos asesoramiento legal. A continuación, se presenta simplemente información legal y no debe tomarse como asesoramiento. Asimismo, muchos acuerdos de casos ocurren fuera de los tribunales.

Tipos de culpa comparativa

Existen dos enfoques principales sobre la culpa comparativa. Uno es la culpa comparativa pura y el otro es la culpa comparativa modificada. Tampa y todo el estado de Florida utilizan un sistema de culpa comparativa pura.

Culpa comparativa pura
En este sistema, el tribunal asignará la culpa a cada persona responsable (por ejemplo: los conductores en un accidente automovilístico). Luego, cada persona es responsable de los daños y perjuicios del demandante en proporción a su porcentaje de culpa. Por ejemplo, si el tribunal determina que el demandante tiene un 20 por ciento de culpa y el demandado un 80 por ciento, entonces cada uno pagaría ese porcentaje de los daños y perjuicios del demandante. Si los daños y perjuicios fueran de $100,000, el demandante recibiría el 80 por ciento de los daños y perjuicios, es decir, $80,000.

Culpa comparativa modificada
En estos estados, se asigna la culpa a cada una de las partes. Sin embargo, si un demandante presenta una demanda contra un demandado y el jurado determina que el demandante tiene más del 50 por ciento de la culpa, entonces no podrá recibir ninguna indemnización. Funciona así: supongamos que hay $100k en daños y perjuicios, y que un conductor considera que el otro tiene mayor culpa que él. Si este conductor presenta una demanda, entonces él o ella es el demandante y el otro es el demandado.

Si el jurado determina que el demandante tuvo un 55 por ciento de culpa, entonces el demandante perdería la demanda y no cobraría nada.

Se pone complicado

En la mayoría de los accidentes, ambos conductores sufren daños, y en muchos de ellos, ambos presentan lesiones médicas. Entonces, ¿qué pasa si el conductor A tiene algo de culpa, pero el conductor B tiene la mayor parte de la culpa y A demanda a B por daños y perjuicios? En ese caso, el tribunal asignará la culpa y el demandante recibirá el porcentaje que se le haya asignado. Por ejemplo, si el demandante tiene $100,000 en daños materiales y médicos, y el demandado tiene un 60 por ciento de culpa, entonces el demandante recibiría $60,000. Suena sencillo, ¿verdad? Pero, ¿qué pasa con los daños del demandado? ¿Qué pasa si el demandado sufrió daños por $20,000 en reparaciones del auto y lesiones médicas? ¿Se le reconoce al demandado algún “crédito” por esos daños?

A menos que el demandado presente una contrademanda, entonces la respuesta es no. En una demanda, el tribunal solo puede examinar las reclamaciones por daños y perjuicios realizadas por el demandante, y si el demandado quiere que el tribunal considere sus daños a la propiedad y gastos médicos, entonces el demandado tendrá que contrademandar. Si eso sucede, se complica.

En términos sencillos, el tribunal analizará cada caso —la demanda y la contrademanda— y luego le asignará a cada parte una cantidad que deberá pagar a la otra. Así, si el tribunal le otorga al demandante en la demanda original $60,000 (60% de $100,000) y luego, en la contrademanda del demandado, le otorga a este último $8,000 (40% de $20,000), el demandado obtendría un crédito de $8,000, ya que el demandante fue responsable en un 40 por ciento de las lesiones del demandado.

También se debe considerar que Florida es un estado de seguro “sin culpa” lo que significa que cada persona debe contar con una póliza de $10,000 para cubrir los gastos médicos y la pérdida de ingresos. Esto implica que todos los gastos médicos y la pérdida de ingresos se pagan hasta un máximo de $10,000 con cargo a la propia póliza de la persona lesionada, independientemente de quién sea el responsable del accidente. Existen excepciones, por lo que debes informarte cuáles son antes de llegar a un acuerdo con cualquier compañía de seguros.

Comuníquese con un abogado de lesiones por accidentes automovilísticos en Tampa

Esto puede sonar un poco complicado, así que lo mejor que puede hacer si está lesionado es conseguir un abogado que le ayude. Incluso si no contrata al abogado, sería prudente al menos consultar con uno para que le indique a qué se enfrenta. Puede resultar ser un caso sencillo y directo, pero tenga en cuenta que cualquier caso de lesiones personales en Florida puede ser complicado. Llame al Abogados de accidentes automovilísticos en Tampa en 844 RHINO-77 o 844 879 3213 para hablar con nuestro equipo de lesiones personales quién puede asesorarle sobre las leyes de lesiones personales de Florida.

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