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Category: Car Accidents

What to Do After a Hit-and-Run in Tampa, FL

On Behalf of Fiol Law Group|Posted in Car Accidents on March 21, 2021

A hit-and-run is one of the most devastating types of car accidents, as the injured victim may not receive the immediate medical care he or she needs to survive. Unfortunately, many drivers in Tampa, Florida commit hit-and-runs each year out of a fear of facing the consequences of their actions. If you get into a hit-and-run accident in Tampa, take the following steps to protect yourself. Check Yourself and Others for Injuries If a hit-and-run driver strikes your vehicle, pull over to the side of the road in a safe place, out of traffic. Turn your hazard lights on and use road triangles or flares, if you have them. Check yourself and others involved in the car accident for injuries. If you were struck as a pedestrian, try not to move unless you are in danger of imminent harm. Moving too suddenly or in the incorrect way could make a… read more

How Is Fault Determined in a Tampa Car Accident?

On Behalf of Fiol Law Group|Posted in Car Accidents on March 20, 2021

If you get injured in a car accident, one of your first questions may be, “Who is at fault?” In most states, this question must be answered before you can file an insurance claim for a physical injury or property damage. In Florida, however, fault may not be necessary to determine. Florida Is a No-Fault Car Accident State Most states in the country apply a fault-based or tort-based insurance law to car accident claims. Under this system, the driver guilty of causing the car accident will be financially responsible for related injuries and damages. Florida, however, is one of 12 states that operate under a no-fault system. After a car crash in Tampa, you will file your initial insurance claim with your own car insurance provider, even if you did not cause the accident. You will seek benefits from your personal injury protection (PIP) insurance. This is a required type… read more

Do I Have to Go to Court After a Car Accident?

On Behalf of Fiol Law Group|Posted in Car Accidents on March 19, 2021

It is a common misconception that filing a car accident claim or lawsuit will always result in a court trial. In reality, about 95% of personal injury cases settle without going to court. Achieving a successful settlement out of court can save you time and money as a claimant. Yet, in some cases, going to court can result in better case outcomes. The best way to find out if you have to go to court after a car accident is by consulting with a Tampa car accident attorney. What Is an Insurance Settlement? An insurance settlement is a legal agreement between a car accident victim and a car insurance company. It is a legally binding document that exchanges financial compensation to reimburse the plaintiff’s medical expenses, property repairs, lost wages, and other damages for releasing the insurance company from any further liability. If a car accident case settles, it comes… read more

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

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