Articles Posted in Automobile Accident

Texting-While-Driving-300x200While technology has brought many advances to make vehicles safer, technology has also brought advances that has made driving much more dangerous – namely the development of iPhones, Droids, and other devices.  Just about every driver on the roads owns and travels with a mobile phone device.  Certainly, having a mobile phone while traveling can make the driver, work, and personal errands a bit more efficient and effective.  You can call ahead for reservations.  You can call a work colleague to re-arrange appointments and check e-mails and text messages.  However convenient that a mobile phone has made life in general, it is made the operation of a motor vehicle so much more dangerous.  A troubling survey was completed which place the State of Florida as the second worst state in the United States for distracted driving.  The survey which was conducted by Everquote, Inc., an online insurance company, reported that 92 percent of drivers who owned mobile phones used the mobile phone in a moving vehicle.  While it is lawful in the State of Florida to make and receive calls during vehicular travel, this does not mean that it is safe to do so for many people especially those who are poor drivers to begin with.  Anything that causes a distraction for some drivers can lead to an automobile accident.

It should be noted that there is law in place in the State of Florida that prohibits texting while driving.  The same law prohibits any browsing or reading of a mobile device while driving. You can read more about the Florida law at Section 316.305 – Florida Statutes – Wireless Communication Devices – Prohibition.

When distracted driving takes place, traffic regulations and rules of the road tend to get violated.  This, in turn, leads to automobile accidents and related personal injuries.  If a person has been the victim of  a distracted driving accident, the victim can pursue a case or claim for damages. There are essentially two types of damages to pursue:  Economic Damages and Non-Economic Damages.

In the State of Florida and other States, hit and run accidents continue to occur on a frequent basis.  The at-fault driver flees the scene for a number of reasons or for no reason at all. The driver may flee the scene because of one or more of the following reasons:

Failure to have a valid driver’s license;

Failure to carry the proper automobile insurance; the aftermath of a Florida automobile accident, there are a number of challenges and questions that arise.  Many such questions involve insurance coverage and benefits.  Florida has unique and confusing laws as to insurance coverage requirements, insurance policies, and entitlement to damages for pain, suffering, loss of enjoyment of life and mental anguish.  As a Florida Personal Injury Attorney, one of the first questions that I ask a prospective client involves insurance coverage.  More often than not, potential clients do not know or understand the type or amount of coverage in place under the applicable Florida automobile insurance policy.  In addition, it is a bit unknown up front as to the amount and type of coverage in place for the other driver who is at fault for the Florida crash.

The fault or liability for the accident is just the start of a potential case.  Just because the other driver is deemed to be at fault or responsible per the police report.  The personal injury case or claim does not begin and end with the police report.  In fact, the police report in most personal injury cases cannot be used as evidence at trial.  Back to the issue of Insurance, Florida only requires a motor vehicle owner to carry two types of insurance in the form of PIP (Personal Injury Protection) insurance and PD (Property Damage) insurance.  Let’s day that there is a rear end crash in which Jane Doe (the victim) suffers serious personal injuries in the form of neck fracture.  The at-fault driver was covered under an automobile insurance policy with PIP and Property damage coverage.   The victim was covered under a minimal policy as well in the form of PIP and Property Damage.  Under this Florida Automobile Accident fact scenario, the victim can get up to $10,000 for medical bills under the victim’s PIP policy and get up to $10,000 for the property damage claim.  Even though the personal injuries are quite serious, there is no insurance in place under this fact pattern for the bills beyond the $10,000 or pain, suffering, loss of enjoyment of life, or mental anguish.

From a practice standpoint, it is important that the at-fault driver / owner have Bodily Injury insurance.  In addition, it is helpful if the victim has access to what is called Uninsured or Underinsured Motorist insurance.  Both Bodily Injury insurance and Uninsured / Underinsured Motorist insurance is optional.  The amount of coverage can range from $10,000 to over $1,000,000. Personal Injury Wolf is a source of information for victims and families.  David Wolf is an attorney with over 26 years of experience.  He is an attorney, advocate, and author.  When there is an accident or incident leading to a personal injury, there are often questions, challenges, and issues presented to the victim and family.  The Personal Injury Wolf will provide articles, advice, and answers that you can use in the aftermath of an accident causing personal injuries.  Furthermore, the posts will also help many people, businesses, and even governmental entities put measures in place that will avoid serious accidents and incidents leading to personal injury.

Certainly, the laws of the respective jurisdiction should be followed.  Furthermore, there is something to be said of common sense, attentiveness, and unselfishness when it comes to accident and injury prevention.  For instance, many automobile accidents can be avoided with better driving that should include following the posted speed limits, obeying traffic signs and signals, adjusting travel for traffic, road conditions, and weather, and being on the lookout for pedestrians, cyclists, and others.  Imagine how many accidents can be avoiding by following these simple steps.

When analyzing a potential personal injury case, there are typically four elements to establish.  This is applicable to all kinds of injury cases or claims including accidents involving automobiles, trucks, bicycles, pedestrians, and other traffic crashes.  The four basic elements also can apply to injuries related to a wide variety of incidents.  David Wolf – Personal Injury Attorney – provides a Free Consultation on all personal injury cases.  To find out if your case is one that can be pursued from both a legal and practical standpoint, contact David Wolf today for a a free consultation.

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