Catastrophic Injury Wrongful Death
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Auto
Crashes
"Your negligence will usually take you right to the crash scene"
- Ancient Philosopher, Barry Newman
Recent statistics show that there are more than 1,000 injury crashes per day in Florida. These are no accidents. A crash is a foreseeable when drivers are careless. This is amplified when a driver is distracted.
Dos & Don'ts.
Call the police. Remain calm. Do not apologize or accept blame when speaking
with anyone at the scene. Take photos of the surrounding areas, your car,
all other involved vehicles, any damage and their tags. Ask for the phone
numbers of any witnesses. When the police arrive, ask for a report. Give the
officer your insurance card, vehicle registration and driver's License. Do
not report that you are "fine" or deny injuries. Injuries may take days or
weeks to cause pain. If injured, go to the hospital. If not, see your
primary doctor the next day. You must seek medical care within 14 days or
your insurance benefits may be lost.
Truck Crashes.
Federal and Florida regulations require heightened maintenance for commercial vehicles and provide strict duty limitations for truck drivers. The failure to identify a regulatory violations can leave significant money on the table.
Pedestrians.
On a 10-year average, 9,300 pedestrian accidents occur in Florida each year. Many occurred right here in Jacksonville. The lack of crosswalks, roadway design, signage and foliage along the road may all play a role.
Motorcycle
Crashes.
Florida's sunny weather attracts motorcyclists
who are injured by inattentive drivers who pull into their path.
Florida reports a 10-year average of 9,143 motorcycle crashes a year with
531 deaths.
Distracted.
Drunk, tired or
distracted
drivers that injure you may be required to pay additional damages.
Time Limits.
In Florida, if a crash causes a death, a claim must be brought in two years. If injured,
a claim must be brought in 4 years, unless a governmental agency is involved,
which have shorter deadlines.
Available claims.
Claims may always be pursued against the at-fault driver. A claim may also
be brought against the vehicle's owner, even if they were not careless in
allowing others to driver their vehicle. Also, if the at-fault driver was on
a mission for an employer, the employer is responsible.
Defenses.
The most typical defense is the comparative fault. The at-fault driver will
blame the claimant, a hit-n-run or other unidentified driver. At trial, the
Jury will be asked to divide responsibility for the crash among each and the
amount of damages will only be due for each driver's share.
Citations/Reports.
In Florida, the fact that any of the involved drivers was cited by police
cannot be considered by a Jury and the crash report cannot be used at trial.
Experience.
I have personally tried automobile and trucking cases to verdict in the
state and federal courts. Some of them can be found on
my
Results or
trial pages.
TENACITY
I have personally tried pedestrian, auto and trucking crash cases in the State and Federal Courts of Florida to Juries and Judges. In one, my client received $1.3 Million after a truck made an illegal left turn.
If someone you know has been fatally or catastrophically injured by a careless driver, please call me at 904.355.6000.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask for free information about my qualifications and experience.