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Category: Car Accidents

Who Is At Fault in a Merging Lanes Accident?

On Behalf of Fiol Law Group|Posted in Car Accidents on August 31, 2020

You are never truly safe from an auto accident. No matter how safely or prudently you drive, the possibility of another driver being negligent will always exist. One of the most common types of car accidents in Florida is a lane-change collision. A driver’s distraction, negligence or recklessness could cause a lane-change accident. It can be difficult to prove fault and obtain compensation for an accident while merging lanes in Florida. Your case may involve the doctrine of comparative negligence. Florida’s Rules for Merging and Changing Lanes Florida’s right-of-way laws are important to obey when it comes to switching lanes or merging. These are dangerous maneuvers that become even more so when one or both drivers do not fully understand the rules for changing lanes. According to state law, when merging, the driver who has the right-of-way is the one already traveling in the destination lane. When merging onto a… read more

What Is the Average Car Accident Settlement In Florida?

On Behalf of Fiol Law Group|Posted in Car Accidents,Lawsuits on March 12, 2020

Car accidents are common in Florida. They cause hundreds of thousands of serious injuries and hospitalizations each year. In 2018, 255,353 victims were injured and 3,135 died in Florida car accidents. If you get into an auto accident in Florida, you have rights. You may be able to obtain compensation from an insurance company and/or personal injury lawsuit. An important part of your car accident claim will be fighting for a fair amount of compensation. If you do not know what your case is worth, you will have trouble negotiating for a just and full amount. Each case is unique. No average car accident settlement amount exists due to the variable nature of the civil justice system but learning about the factors involved and damages available, however, can give you realistic expectations and enable you to argue for a fair settlement. Factors Affecting Car Accident Settlements in Florida Regardless of… read more

What Are Punitive Damages in Car Accidents?

On Behalf of Fiol Law Group|Posted in Car Accidents on January 17, 2020

A punitive damage award is something you could receive in addition to compensatory damages for your personal injuries or a loved one’s death after a vehicle accident. Punitive damages are a type of compensation you may win during an accident claim if your case goes to court. A judge or jury will look at the defendant’s behavior and the extent of your losses to determine whether punitive damages are appropriate. If so, you may receive an additional monetary award. Understanding Punitive Damages Punitive damages mainly serve the purpose of punishing the defendant, rather than compensating the victim. As a crash victim, you may have already received a fair award to cover your medical costs, property damage repairs, lost wages, legal expenses and other losses before receiving a punitive damage award. Punitive damages can maximize compensation for the victim while penalizing the defendant for particularly heinous or egregious acts of wrongdoing…. read more

Can Prescription Drugs Increase Chances of an Accident?

On Behalf of Fiol Law Group|Posted in Car Accidents on January 15, 2020

Most drivers are aware of the laws against driving under the influence (DUI) of illegal drugs, but fail to realize the equal risks of driving under the influence of certain prescription drugs. A drug’s legality as a prescription medication does not exempt it from Florida’s DUI laws if it affects the driver enough to interfere with his or her driving ability. A driver that causes an accident while under the intoxicating influence of prescription medication could be liable for a victim’s damages. Our Tampa car accident attorneys and Lakeland injury lawyers share information about accidents with a driver under the influence of prescription meds. How Could Prescription Meds Cause Accidents? Certain prescription medications have side effects that no driver could contend with while remaining in safe control of a motor vehicle. These medications often come with warnings not to drive or operate heavy machinery while under the influence of the… read more

What Can You Legally Do If You See a Drunk Driver?

On Behalf of Fiol Law Group|Posted in Car Accidents on December 23, 2019

Drunk driving is a rampant problem in Florida that takes many lives annually. DUI statistics in 2018 state 814 Floridians died in drunk driving accidents. As a safe and prudent driver, it may be your responsibility to report a potential drunk driver if you encounter one on the road or highway. Taking the correct steps to safely get a drunk driver off the road could save a life. It is important, however, to act according to what is safe and legal for you to do in these situations. Memorize the Vehicle Description and Plate Numbers While you are still close enough to the drunk driver to do so, quickly memorize or have a passenger in the vehicle write down a description of the driver’s vehicle and his or her license plate numbers. This is the information you will need to give the police for them to start their search for… read more

What to Do if an Uber or Lyft Hit Your Car

On Behalf of Fiol Law Group|Posted in Car Accidents on November 27, 2019

Ridesharing might have reduced accidents in terms of drunk driving, but that does not mean the rideshare industry has been immune to serious accidents, injuries and deaths. Rideshare drivers can make mistakes such as distracted or drowsy driving that lead to preventable traffic accidents, just like other drivers. If an Uber or Lyft driver recently struck you as a driver, bicyclist or pedestrian, you have rights. The rideshare company may be financially responsible for your damages. Are These Cases Different From Accidents With Regular Cars? Accidents involving rideshare drivers have unique elements compared to crashes with typical passenger vehicles. Rather than only having the individual driver to hold responsible for your damages, you may also be able to bring a claim against the rideshare company. Both Uber and Lyft maintain $1 million in automobile insurance for victims’ damages in rideshare accidents. These insurance policies will pay for losses for passengers… read more

What To Do If You Were Hit By A Rental Car

On Behalf of Fiol Law Group|Posted in Car Accidents on November 26, 2019

Renting a vehicle can come with added stress in the event of a car accident. Not only might you have suffered serious personal injuries, but you may also need to contend with expensive damage to the vehicle you rented. Insurance claims can be more complicated for crashes involving rental vehicles compared to a car you own. If someone hit you while you were driving a rental car in Florida, try to remain calm and take the correct steps toward obtaining financial recovery. Steps to Take After a Rental Car Crash The first thing to do if you get into a car accident in a rental car is to check yourself and others for injuries. Assess your body from head to toe for signs of something wrong, such as pain, tenderness or tingling. Your adrenaline could be masking symptoms of an injury. Do not tell a police officer or insurance company… read more

What If the Driver Was Out of Control in an Accident?

On Behalf of Fiol Law Group|Posted in Car Accidents on November 25, 2019

It is a driver’s duty to safely remain in control of his or her vehicle at all times. This requires keeping both hands on the wheel and both eyes on the road. It also means driving safely and prudently for roadway conditions – not recklessly or in a way that could foreseeably lead to loss of vehicle control. If a driver causes an accident by losing control of his or her vehicle, the driver could be liable for victims’ damages. If loss of vehicle control occurred due to a defective car part or roadway hazard, however, the crash could come down to someone else’s fault. What If a Driver Lost Control of a Car? Is He or She Still at Fault? Loss of vehicle control may not be a defense to a car accident claim if another reasonable and prudent driver would likely have been able to maintain control of… read more

Is Florida a No-Fault State?

On Behalf of Fiol Law Group|Posted in Car Accidents,Safety on October 11, 2019

After a vehicle collision, it is your duty as a driver to know how the insurance laws operate in your state so you can file a claim. Insurance laws will determine how to go about requesting compensation for your damages, such as medical bills and property damage repairs. As of 2019, Florida remains a no-fault state, one of 12 states that abide by this fault-based system. No-fault insurance requires every driver to file claims with their insurers, regardless of fault. Most states abide by fault-based laws, which hold the at-fault party accountable for his or her actions by making that driver’s insurance company pay for victims’ damages.. Our Tampa injury attorneys help explain the meaning of no-fault insurance and what happens during a car wreck. What is Florida’s No-Fault Insurance Statute? Despite most states adopting fault-based insurance laws, Florida remains a no-fault car insurance state. Florida’s insurance laws hold that each… read more

What to Do If a Cop Hit Your Car

On Behalf of Fiol Law Group|Posted in Car Accidents on October 8, 2019

Police officers are just like other drivers. Despite being members of law enforcement, they can make mistakes behind the wheel that cause serious accidents. Driver distraction or negligence could contribute to a police car striking a pedestrian or another driver. If a police vehicle hits you in Tampa, you may have grounds to file an injury claim, with the help of a Tampa car accident attorney, against the entity the officer works for, such as the Tampa Police Department or the Florida Highway Patrol. The Florida Tort Claims Act Sovereign immunity is a legal doctrine that protects most government entities from civil lawsuits. It holds that a government’s position exempts it from liability for citizens’ damages. Most states, however, have counteracted sovereign immunity with Tort Claims Acts – laws exposing the government to liability in certain situations. In Florida, the State Constitution waives sovereign immunity for liability for specific torts…. read more

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