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Automobile & Motorcycle Accidents
These accidents are the leading causes of injury and
death in the United States. According to the National Traffic Safety Administration, every 10 seconds someone in the U.S.
is involved in a car accident. In 2000, approximately 6, 279 traffic crashes were reported, over 41000 people were killed,
and over 3,000,000 injured. Amazingly, in 1999 alone, 38 percent of traffic fatalities involved alcohol. It is critical to
retain an attorney who understands the arena of laws and medical issues to navigate the presuit and litigation process. Our
attorneys know the court system, the judges, and the claims process.
FOR FREQUENTLY
ASKED QUESTIONS AND ANSWERS IN AUTOMOBILE ACCIDENT CASES, LOOK OVER HERE----------->
Truck Accidents
Trucking accidents are typically among the most serious
accidents, because of the size and typical speed of large tractor trailers on our roadways. Trucking companies must adhere
their equipment to Federal Motor Carrier Safety Regulations. Drivers are also regulated on the permissible number of hours
they can operate the vehicles. The Florida Department of Transportation also regulates commercial carriers and drivers. Oversized
loads, mechanical failure, speed, reckless driving and improper driver training account for many of these accidents, but most
truck crashes are caused by driver fatigue. It is important to quickly obtain the history of the driver and the service history
of the truck involved before records are lost or destroyed.
Bicycle &
Pedestrian Accidents
Unfortunately motorists do not always respect the rights of cyclists and pedestrians.
It is not unusual for cyclists to get hit in the bicycle lane or pedestrians to be struck in crosswalks. As a result, there
are thousands of accidents each year involving motor vehicles, bicyclists, and pedestrians.
Also, when pedestrians and
bicycles are involved in accidents with motor vehicles, the insurance laws and coverages applicable can vary drastically.
Personal injury protection benefits may still apply, although different carriers may provide such benefits. It is important
to consult an attorney to determine these issues immediately and ensure that any medical bills are paid.
Boating and Recreational Vessel Accidents
Because of the approximately one
million registered boats and recreational vessels in Florida, we have the highest marine accident rate in the United States.
Recreational marine activity involves many dangerous aspects, and serious accidents abound. There are collisions and falls
and product liability issues with propellers, straps, etc. There are typically complicated legal and safety issues involved,
and federal laws and shorter limitations periods may be implicated if the accident occurs on a navigable waterway. You should
consult an attorney promptly if you or a loved one are involved in a boating or recreational vessel accident.
Slips and Falls/Premises Liability
Slip and fall accidents can cause
serious injury, although often are not taken seriously. A fall on another person's property due to unsafe conditions may be
eligible for compensation due to personal injury. Property owners are responsible for keeping their premises safe and must
warn visitors of potential non-obvious hazards. For example, if fluids are left on the floor of a store for an unreasonable
amount of time or there is no effort to clean the floor after notice of the condition,, the owner may be legally liable for
a slip and fall injury occurring in that location.
Most slip and falls happen in commercial settings, including
grocery stores, drug stores, office buildings, construction sites, and even gas stations and malls. These accidents may also
happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly
and avoid the existence of dangerous conditions. If you have been injured on another's property, you may be eligible for compensation.
Dog Bites
Dog bites can be horrific, particularly
where children are involved. In Florida, Section 767.04 of our State Statutes creates strict liability for owners of dogs.
Dog owners in Florida have statutory responsibilities to ensure that their pets do not cause harm to others. When a dog attacks
a person in a public place or in an area where the victim is an invited guest or patron, the owner is liable even if the dog
has no prior history of biting. Young children are often bitten by dogs after unknowingly provoking the animal, which will
not preclude a claim.
Toxic Chemical Injuries
A
variety of injuries can result from exposure to toxic chemicals like asbestos, benzene, vinyl chloride, and others. Exposure
to these chemicals can have serious short and long-term effects, from burns, to cancer, to toxic shock, and even death. Typically
these injuries occur from either working with toxic chemicals or living near a facility that manufactures or uses dangerous
chemicals. There can also be exposure at playgrounds or in drinking water. You will need the expertise of an attorney and
chemical engineers to determine toxicity and liability. If you think you or a loved one has been exposed to a toxic chemical,
consult a physician immediately and follow up with an attorney to determine your rights.
Construction Accidents
Construction sites pose serious dangers to workers and invitees.
There are work related injuries while lifting, operating machinery and tools, and working in hazardous locations and heights.
Safety training and precaution is crucial to a safe work environment and most companies are required to abide by OSHA and
other work site regulations. Supervisors and Foremen are required to properly train employees on safety related issues and
proper use of equipment. Passerby’s are also potentially subject to falling unsecured objects. These claims often involve
worker’s compensation and product liability issues, and compensation may vary depending on the circumstances of the
injury.
Airplane Crashes
Airline crashes typically
result in the most traumatic injuries and death. These cases are extremely complex and may involve federal, state, or international
laws and treaties. There may also be limitations on recoveries and caps on damages. Weather, maintenance, ground preparation
of flights, pilot error, manufacturing defects and controller error may all contribute to a crash.
Typically,
the National Transportation and Safety Board (NTSB) conducts an investigation. Obtaining a copy of the NTSB report and having
the evidence reviewed by an aviation expert is crucial to determining if there is a potential issue and responsibility.
Brain Injuries
Traumatic brain injury (TBI) is a medical
phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the
human brain floats in a fluid substance call cerebrospinal fluid. TBI can result when an impact causes the momentum of the
brain to come into contact with the skull. This type of injury, often the result of hitting your head on the windshield, pavement,
or object, is frequently referred to as a “closed head injury.” Whiplash can also cause TBI and is similar to
“shaken baby syndrome.” These closed head injuries can result in lasting physical and mental problems.
Because closed head injuries are often caused by accidents, there may be others responsible for the injuries and resulting
damages. Some TBI patients require long-term rehabilitation and extensive medical care and may miss significant amounts of
work. The financial impact of these injuries can be tremendous, and finding a law firm that understands the medical and legal
issues involved is crucial. Locating and retaining the right biomedical experts is important and our firm has contacts with
the best ones available in this field.
Wrongful Death
Wrongful death can result from the negligence of others from any of the accidents described here, or as a result of defective
products or medical negligence. Losing a loved one is extremely difficult situation, both financially and mentally. Florida
has a specific statutory scheme called the “Florida Wrongful Death Act” which controls these cases and there are
very specific timing and legal requirements to file claims under the Act. Typically, these cases must be filed within two
(2) years of the date of death, although it may be earlier or later depending on the nature of the claim. If you have lost
a loved one due to the fault of another, you should consult with an attorney at our firm to help you receive compensation
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FREQUENTLY
ASKED QUESTIONS IN AUTOMOBILE CASES:
I. Property Damage Issues
A. Who Pays For Repairs To Your Vehicle?
• The
at fault driver’s insurance should cover the expenses to repair your vehicle. However, if there is some question of
fault, the other driver does not have insurance, or the other driver’s insurer is simply not getting the job done, you
probably have collision insurance which should pay for the damage, subject to your deductible. Your insurance will then have
a right of subrogation to recover the funds from the at-fault driver for the property damage. Either way, always document
the property damage to your vehicle and other involved vehicles (if available) with photos and written estimates.
B. What Is The Difference Between Repair And Replacement Value?
• The insurance company paying for
the damage will typically determine whether to repair or replace your vehicle based on cost estimates. If the car is “replaced”
you will receive a check for the fair market value, plus tax and title, based on Kelley Blue Book or NADA guides. If you still
owe more than the value of the car, the insurance company is not required to make up the difference unless you purchased a
separate “gap” insurance policy at the time you purchased the vehicle.
C. Where Will The Repairs
To My Vehicle Be Made And What Parts Are Used?
• You can always choose the location and insist on genuine
original manufacturer parts. However, because many insurance companies deal regularly with certain shops, those shops may
offer a “satisfaction guarantee” on their work. You may want to ask for references and get multiple written estimates.
D. Do I Get Depreciation On My “Repaired” Vehicle?
• Rarely because the insurance
company will typically offer to have the vehicle repaired at a facility which will guarantee the work for as long as you own
the vehicle.
E. What About A Rental Car?
• The insurance company usually pays for a reasonable
cost of a substitute vehicle for a reasonable period of time while repairs are made, and the vehicle is typically one of similar
quality.
II. Injury
Facts and Questions
A. What Do I Do If I am Hurt in an Accident?
• Call
the police (Dial 911) and insist on an accident report.
• Seek immediate medical attention (tell police you
are injured and need medical help).
• Document the Witnesses and drivers involved (phone numbers, addresses,
insurance information).
• Photograph the scene, the vehicles (if available), and your injuries.
•
Call an attorney for a free consultation.
• Notify your insurance company of the accident.
•
Take down some notes about what happened and what was said at the scene.
• Follow up with a medical specialist
in accident related injuries, typically a neurologist, orthopedic surgeon, or chiropractor; you may also require a regiment
of physical therapy or pain management to help you try and recover and manage the pain.
B. Who Will Pay For
My Medical Bills?
• Florida law requires vehicle owners to carry Personal Injury Protection (PIP) insurance
of at least $10,000. (Florida Statute Section 627.736). Subject to deductibles, PIP typically pays 80% of your reasonable
expenses for necessary medical services, and 60% of your lost wages and replacement household services. Mileage to and from
your medical visits will typically not be reimbursed unless the insurance company insists on a compulsory medical examination.
PIP will also pay $5,000 in death benefits. Even if you are riding in someone else’s vehicle at the time of an accident,
the PIP insurance coverage on your own vehicle typically applies.
• You may also have medical payments (“Med
Pay”) insurance coverage which should cover the 20% not covered by PIP up to the Med Pay limits.
C. Can
I Recover Mental Pain And Suffering?
• Under Florida’s No-Fault Insurance System, you must show
that you sustained a “permanent injury,” “significant scarring or disfigurement,” or death, to qualify
you or your family for any pain and suffering or quality of life damages. This is a medical/legal question and your health
care provider will typically assign you a permanency rating under the AMA Guidelines if your injuries qualify.
D.
What If The Vehicle That Hit Me Does Not Have Insurance?
• You may, and should have, selected underinsured/uninsured
motorist (“UM”) coverage. UM coverage is complicated, but typically will help pay your damages in the event the
other, at-fault driver does not have sufficient insurance. You should consult with an attorney on UM issues before resolving
any UM claim.
E. What If The Other Driver’s Insurance Company Keeps Calling Me?
•
Tell them that you have an attorney and give them your attorney’s name and phone number.
• Do not agree
to a recorded statement.
F. What Will It Cost Me To
Retain a Personal Injury Attorney?
• Murphy & Anderson offers a free initial consultation for all
clients.
• If you decide to retain Murphy & Anderson, you will not be responsible for any fees unless
you recover. Murphy & Anderson charges a contingency fee percentage of the recovery. Murphy & Anderson will also prepay
all costs in the case.
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