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Category: Car Accidents

Can I Sue as a Passenger in a Florida Car Accident?

On Behalf of Fiol Law Group|Posted in Car Accidents on February 26, 2021

You may know how to handle a car accident insurance claim as an injured driver, but the process is not the same as an injured passenger. While it can be easier to obtain an insurance settlement, since you were not at fault, you may or may not have the right to sue the at-fault driver in Florida depending on the circumstances of the crash. Who Is Liable for Your Injuries? In Florida, the driver or party at fault for causing the car accident may not be the person who has to pay for the damages through his or her insurance company. Florida is a no-fault state, meaning all injured parties will seek compensation from their own insurers, regardless of fault. As an injured passenger, however, you may not have to file a claim with your own car insurance company, as you would if you were the driver of the vehicle…. read more

What Is an Expert Witness in an Auto Accident Claim?

On Behalf of Fiol Law Group|Posted in Car Accidents on February 25, 2021

If you are severely injured in an auto accident and wish to make a claim, you may hear the term “expert witness.” An expert witness can be an important ally during your injury claim. It is a professional who can provide key testimony as to the facts of your case. Find out what an expert witness is, whether you need one and how much it will cost. What Is an Expert Witness? An expert witness is someone who testifies on behalf of a party based on the unique knowledge or expertise he or she possesses on a certain subject. To qualify as an expert witness, a party must have significant experience in his or her subject. The individual must currently work or teach in a relevant industry. An expert witness will take the stand or give a deposition as to his or her professional opinion on a fact that is… read more

Does Car Insurance Cover Hit-and-Runs in Florida?

On Behalf of Fiol Law Group|Posted in Car Accidents on January 6, 2021

A hit-and-run accident means the at-fault driver flees the scene of the car accident without stopping to see if anyone is injured or exchanging his or her information, as the law requires. After an ordinary car accident in Florida, both drivers exchange insurance information for use during the claims process. If one driver commits a hit-and-run, this could make the recovery process more difficult. What Is Florida’s No-Fault System? Florida is one of the only true no-fault states in the country. In a no-fault state, the blame for a car accident will not matter. All parties involved in the crash will seek benefits from their own insurance providers, regardless of who was at fault. In a fault state, the fault is significant. If you get into a collision in a fault state, you will file a claim with the at-fault driver’s insurance company for benefits. In Florida, however, fault generally… read more

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

How Common Are Truck Accidents in Florida?

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

A collision between a passenger car and a commercial truck will almost always end worse for the passengers of the smaller vehicle. The size and weight of the average big rig far surpass that of the typical motor vehicle – leading to greater property damage and destruction to the latter. It is up to all parties within the commercial trucking industry to fulfill their duties of care to prevent traffic accidents. Unfortunately, many regularly breach their duties in Florida. Common Causes of Truck Accidents in Florida Throughout the U.S, 4,657 fatal accidents in 2017 involved commercial trucks. Many of these accidents occurred due to truck driver negligence. Truck drivers are prone to the same errors as typical motorists. Despite having a commercial driver’s license and special training, a truck driver may engage in dangerous behaviors such as texting and driving or dozing off behind the wheel. Distracted, drowsy, careless, reckless… 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

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