What Happens if I Do Not Report a Car Accident in Florida?
You may face financial consequences if you fail to report the accident and criminal charges if you leave the scene of the incident. According to Florida law, any motorist engaged in a car accident must report the accident to police authorities if there are injuries or severe property damage resulting from the collision.
Remember that there is no need to submit a written accident report when the police already investigated the accident. Also, reporting the crash over the phone or orally to law enforcement means that a follow-up report from you is not necessary. If the accident happens within a municipality, the driver must report it to the local police department. If the collision happened outside of a municipality, the driver must report it to the county sheriff or the nearest Florida Highway Patrol office or station.
If you fail to report a reportable car accident in Florida, you may face non-criminal consequences. You won't go to jail for it, and it won't be considered a criminal charge, but you will be fined a $30 penalty.
Suppose you neglect to file a written accident report because a law enforcement agency did not investigate the accident. In that case, you could be charged with a separate non-moving traffic infraction.
The penalties for leaving an accident scene without reporting it to the authorities are substantially more severe. If there were bodily injuries or death, leaving the site of an accident is a criminal violation that could result in jail time.
According to state law, motorists are not compelled to report every accident to the police. Minor car accidents and fender benders, for example, do not require informing law enforcement.
In certain instances, the police officer investigating the car accident fills out the long-form called the Florida Traffic Crash Report. You need to report a car accident if it meets the following criteria:
The Florida law requires you to report a car accident to the police ASAP! This usually entails calling the cops from the scene of the accident. It is sufficient to notify the police in this manner to fulfill a motorist's obligation to report an accident.
Suppose the police do not investigate an accident you reported to them. In that case, you must file a written report to the Florida Highway Safety and Motor Vehicles within ten days following an accident.
According to Florida Highway Safety and Motor Vehicles, a party should record the following fundamental data of a car accident in a long-form:
The police report can be obtained by any party involved in the car collision. These reports are also available to the following people:
A short-form version of this report is filed if the car accident does not meet the requirements for completing a Florida Traffic Crash Report, Long Form. Alternatively, a law enforcement officer on the scene may hand out a driver exchange-of-information form to each driver involved in the collision.
In a short-form report, the following information is included:
In some circumstances, most insurance companies' policies are that insured drivers are responsible for notifying their carries when an automobile accident happens. This is true regardless of whether or not the victim files a claim with their own insurance company.
This obligation is in place to ensure that the insurance providers can investigate the facts of an accident. Carriers will conduct their investigation before deciding whether to accept or deny coverage.
Insurance providers require their insured drivers to notify them of an accident as soon as possible because these investigations are time-sensitive. Failure to tell your insurance company may have serious ramifications. It could result in your insurance claim being denied or your coverage being canceled entirely.
So, even if your car accident was minor and did not qualify as a "reportable accident" under Florida law, you should report it to your auto insurer only to ensure that the carrier will cover the accident in the event you need it.
You may be required to contact the proper authorities and contact your insurance carrier, but you are never required to speak with or notify the other driver's insurance company.
Additionally, talking to the other motorist or their insurance provider about your car accident might give you risk since they will use your words against you to put the blame on you.
So, don't talk about your vehicle accident to anyone other than your personal injury lawyer to preserve your case!
Typically, after an auto accident, a driver will call the cops from the site to make an investigation and accident report.
It is critical to report an accident ASAP if you suspect you have been injured or are experiencing any discomfort. As per Florida law, any person, driver, or victim must notify law enforcement about the auto accident IMMEDIATELY using the fastest means of communication.
If you are physically unable to file a report, the law exempts you from reporting the accident at the time you are incapacitated. However, you must make the report once you are physically capable of doing so.
Also, suppose you are physically unable to make an oral report or subsequent written report of an auto accident, and you have a passenger in your vehicle at the time who can make a report. In that case, the passenger must make the report or have someone else do it.
And suppose you are physically unable to file a subsequent written report of an accident, and you are not the vehicle's owner. In that case, the vehicle owner must make the report within ten days of the accident if you have not done so.
You may learn more about the rules for reporting a car accident in Florida by visiting:
Following an accident in Florida, you may face several injuries and medical bills. The Soffer Firm Miami Personal Injury Attorneys has been helping car accident victims with their injury claims since 2013. We've helped clients get the compensation they deserve after suffering from minor and severe injuries due to another driver's negligence on the roadways. Our experienced auto accident attorneys make sure you are taken care of through each step of the process until you get the justice you deserve!
If you or your loved ones have recently been involved and seriously injured in a car accident in Florida, you may be entitled to compensation. Find personal injury lawyers near you.
Contact a car accident attorney at (786) 723-8801 to find out how we might assist you in obtaining the highest possible settlement or financial compensation. We also offer free consultation and free case evaluation.
If you are injured in a car accident, it can be challenging to know what to do next and how much to expect from a car accident settlement.
You might have many questions about what to do next, such as how to pay for your medical bills and how much money you can expect from an average car accident settlement.
We understand that vehicular accidents can cause life-changing injuries and emotional suffering. Therefore, we want to ensure that you receive the monetary compensation you deserve. The Soffer Law Firm Miami Personal Injury Attorneys are here to help. We offer free consultations to learn more about your legal rights and options.
Victims of car accidents have the right to expect a settlement following their legal damages. Personal injury attorneys and insurance companies will evaluate how much a typical car accident settlement a victim can recover. Minor accidents may have a lower settlement, while severe crashes have a higher settlement.
The victims of an auto accident can demand the following legal damages:
The objective of the settlement is to help the victim and make them return to their normal state physically and psychologically. This is why a typical car accident settlement includes financial compensation for all the aforementioned legal pain and suffering damages.
Keep in mind that the value of your personal injury claim won't be restricted or limited to the number of your medical care expenses because a typical car accident settlement must cover all the losses the victim has experienced. And these are physical, mental, emotional, and financial aspects. Non-economic damages like emotional distress, pain, and suffering are also included.
The compensation that the victim's legal damages cover will be based on how critical the car crash is and how severe their injuries are. Minor accidents that don't result in physical injury or minimal property damage usually have small settlements than severe injuries and fatal crashes.
Below are the most severe car crashes that amount to a larger car accident settlement:
Common factors that are present in other kinds of car accidents such as:
Yet, not all accidents are the same. Even when the previously mentioned factors are present, larger car accident settlements may come from other types of car accidents.
In general, the value of your typical car accident settlement will again depend on how major or minor your injuries are. Disabling or life-threatening injuries can recover plenty of legal damages, including medical bills.
To conclude, the average car accident settlement value is higher if the injuries are more severe. And vice versa, lower settlement if injuries are not too severe. Here are the types of car accident injuries that have higher chances of having large car accident settlements:
One of the best ways to maximize your personal injury settlement is to hire an experienced and reliable personal injury lawyer. Some insurance companies will do everything they can to lowball your car accident insurance claims. But when you finally have your legal representative, these insurance companies will more likely offer fair settlements so you can end your personal injury case to them.
But if no car accident settlement is agreed upon, your car accident attorney will help you bring a personal injury lawsuit prior to the statute of limitations expiry.
Basically, any related expenses caused by an accident are included in economic damages. And these can be verified through documentation, bills, receipts, medical treatment, and lost days from work.
Here are inclusions to the cost of other economic damages:
You may be wondering how much compensation you can receive from a typical car accident settlement. Although this is a common question, there isn't an exact amount because it will depend on your case. But an experienced car accident lawyer can estimate the settlement value of your case.
First, your car accident attorney will calculate your economic damages. This will be estimated together with your medical expenses, property damages, and future medical costs.
Next are your current wages and future lost wages. The amount will vary on how long you are out of work during the time of the accident, how much you're earning from your work, and how long you're expected to not work.
Secondly, there will be a calculation and review of the said damages. And remember, the calculations are not fixed, as they will depend from one county to another.
Now, let's make a scenario to give you a better picture.
Suppose, for example, your arm is badly injured due to the other driver's negligence, and your medical expenses cost $8,000. In that case, the insurance adjuster will first review the breakdown of your economic costs. From their point of view, they may see only a minimum number of events, like treatments for your arm, the ambulance you used to get to the hospital, prescripted medicines to ease the pain, and only one to two days missed from work.
But to you, it could be traumatic and depressing, which may affect your physical and psychological well-being. Yet, insurance companies will treat you just like the other typical car accident cases they encountered (where the compensation amount is too small), with the hope that you'll sign away your rights immediately.
This is why you should hire a car accident lawyer to help you with proper decision-making and someone who will be there for you fighting in the most challenging times.
When filing for a third-party insurance claim, know that you are limited by the caps of the at-fault driver's insurance policy.
In Texas, for example, the minimum requirement for car insurance will be 20/60/25. That is like $30,000 for each injured person, $60,000 in total accident amount, and $25,000 for the property damages.
Serious injuries like brain and spinal cord injuries can make a huge, negative impact on your life and activities. You won't be able to move the same, fulfill your work responsibilities the same as before, and have speech or eyesight difficulties after the accident. Because of a serious injury, you may need lifetime medical care.
The auto accident settlement will be higher in terms of extreme or debilitating injuries. And for paralysis and severe brain injuries, the settlement amount can even reach hundreds of thousands of dollars or even millions.
If you are hit on an empty street, you may think of only seeking compensation from the at-fault driver's insurance company. But if you are hit by a commercial vehicle or got caught up in a multi-car pile-up, there might be multiple scenarios for the amount of your compensation.
Your car accident lawyer will be the one to investigate every option you deserve for the compensation and look for liable parties involved.
Usually, until the victim has recovered or completed the treatment, that's the only time the personal injury case will be settled. Severe injuries may need more than one surgery or months of therapy. However, minor injuries may require these as well, but lesser. Because of this, you need to follow your doctor's advice and appointments strictly.
Gaps in Treatment
It is vital to keep all your medical care records or receipts. Because if you ever miss any appointments or take too long, insurance adjusters will only assume that you are not severely hurt, which can go against your claim.
Statutes of limitations are the deadlines and time limits for accident claims. And if you exceed that deadline or time limit, your car accident case could be entirely dismissed. And that means you won't get any compensation either.
Statutes of limitations for car accidents vary wildly depending on the state of the accident. The statute of limitations could be anywhere from one year to six years.
Act as soon as you can. Talk to one of our car accident lawyers to receive your compensation as early as you can.
Most personal injury lawyers work on a contingency basis. Meaning to say, they won't get paid until you get paid.
Once your case has successfully ended, the attorney fees will be deducted from the total of your settlement amount. But don't worry, you are already informed beforehand. These matters will be discussed before you hire an attorney.
Personal injury attorneys often work on a contingency basis. This means their payment is contingent upon your success, and they do not get paid until you get paid. They will deduct their attorney fees from your total settlement amount at the end of your case. This amount will be discussed when you hire your attorney at the start of your case.
These expenses include costs for hospital or medical treatment, physical therapy, surgeries, or pharmaceutical drugs. And the settlement you get from your car accident claim will be used to pay or reimburse these costs.
You may receive a separate settlement amount for future medical expenses in some cases. This is because there might be an incident that happened in the past but additional expenses still need to incur in the future.
Current and future medical expenses are included in a car accident settlement payment. This includes any current and future increase in your healthcare costs caused by your injuries. In some cases, a separate settlement sum may be paid out to account for projected future medical expenses due to your car accident injury.
As a car accident victim, you may also suffer damages to your vehicle. But don't get the idea that the car insurance company will just pay for them immediately. They might even ask you to get another estimate or repair work done before they can consider these losses as well. This is why your attorney will advise you on filing claims of compensation for these damages too.
If you're injured and unable to work, your attorney will take both past and future losses into account. These losses can include:
This includes both actual (past) earnings and impaired (future) earning capacity, such as when your injuries cost you a promotion or prevent you from working at all.
Your car accident attorney will consider property damage in addition to medical expenses and losses caused by an auto accident.
Your attorney will consider out-of-pocket expenses that you had to pay for right after the accident. This may include medical bills, lost wages from time off work, other financial obligations, or losses incurred after your accident.
Numerous accidents happen because both drivers are negligent in different ways. And one of the most significant factors in evaluating the possible compensation amount is if the victim is partly to be blamed for the accident. In some states that use the contributory negligence system, victims found at fault could no longer recover any damages. Some states use the comparative negligence system, which allows the victims to recover damages even if they are partially to blame. But their compensation will be reduced by the percentage of their fault.
If the at-fault driver has liability insurance coverage, the driver's insurance company will settle the car accident amount. But the amount, however, will be capped from the policy limit. And the remaining amount will be acquired from other sources so the victim won't go uncompensated.
So the best option is if the at-fault's liability insurance policy exceeds or is higher than the victim's car wreck damages. This is so the insurance company can fully cover the entire settlement.
If it's the other way around, and the policy limit is lower than the victim's damages, they will have to look for the remaining amount from other resources, and these can come from:
And if the at-fault driver is uninsured, then the victim will struggle to look for potential sources to recover the needed compensation. With this, the possible financial sources a victim can get are:
Having a car accident attorney by your side will help you get the settlement and fair financial compensation you need, especially if the responsible driver's insurance policy won't fully cover your damages and losses.
Most insurance companies might give you a low and unfair settlement offer if you reach out to them regarding your typical car accident settlement. But even if they do, always remember to never settle for less than what you deserve.
The amount of your settlement can be higher depending on how your attorney deals with the negotiation. An experienced personal injury lawyer is best in negotiating the fairest offer you have to receive, and they will not settle quickly.
If you have been suffering from injuries due to a car accident caused by another's negligence, hiring one of our personal injury attorneys is the best decision you can make. Our lawyers know exactly how to deal with auto insurance companies and will be able to get you the best settlement for your injuries.
They will work on getting your medical expenses paid for, as well as any other financial obligations you may have incurred because of the accident. Most importantly, they will help make sure you receive fair and just compensation for your losses.
Do not hesitate to contact us at (786) 788-7344. Or feel free to fill out our contact form on our website, and we'll reach out to you as quickly as we can.
What Happens When Someone Dies Due to a Car Accident?
If your family member or someone close to you dies in a car accident, you may be feeling overwhelmed and unsure of where to turn. You may feel like you are all alone in this, but know that you are not. Many people lose loved ones each year in accidents, and many of them go on to file wrongful death claims.
However, going through all the complexities of the law surrounding car accident cases while suffering from your loss is more of a torment. That is why, as an expert in the law, I advise surviving family members to get help from an experienced personal injury lawyer who handles car accidents and wrongful death cases. They can help you understand your rights and what you should do to obtain justice and recover compensation for your losses.
More than 38,000 individuals die due to car accidents in the US alone every year. Furthermore, there are 4.4 million people who suffer severe injuries requiring medical attention yearly.
Unfortunately, some people didn't even make it to the hospital and died on the scene. In contrast, some are lucky enough to receive medical care and treatments. But, some of those who survived will have to endure physical, emotional, and mental suffering. In terms of sudden death, a victim who dies on the scene is usually caused by forceful trauma or overspeeding. These types of accidents can also be considered road fatalities.
There are plenty of reasons why car accidents occur. People should be well-informed about the dangerous activities that may put them at a greater risk of a car accident. These are as follows:
Most car accidents occur because drivers do not take the necessary means to drive carefully and responsibly. If that fatal car accident leads to the death of someone, the said driver is liable to face criminal charges.
Not all accidents result in death, only injuries. Yet, that doesn't mean the at-fault driver won't face any charges. If the driver's reckless or negligent behavior causes the accident, he will face law consequences.
The following circumstances may warrant a criminal investigation:
Drivers have their reasons for speeding, and usually, the reason is that they want to arrive at their destination faster. There is no problem with that, as long as it won't harm others.
A driver's minor punishment is a speeding ticket - if there's no harm done. But if it results in something more extensive, like injuries and death, criminal charges or prosecution are often imposed.
Drunk driving is one of the most common reasons for car accidents. And usually, even sober drivers don't know the harm they can do until it's too late. It is extremely illegal to drive under the influence of alcohol or drugs. The driver's license can get revoked. They can face multiple charges, pay fines, or even have an ignition interlock device installed in their vehicle.
Fatal car accidents associated with a DUI causing severe injuries or death will lead to criminal charges and lawsuits against the at-fault driver.
Every driver has the responsibility to follow all the rules and regulations of traffic laws. And these laws are made to prevent car accidents, injuries, or death. However, some drivers are too reckless on the road, eventually causing car accidents. Violating the traffic rules will again lead to criminal charges against the liable driver.
It can be tough and challenging for the victim's family to cope when someone in the family dies due to a car accident. Some families even find it hard to proceed with legal charges or lawsuits after their loved one's death. Some try their best to file charges and blame the at-fault driver so he can go to prison or face the law consequences. However, not all drivers are subjected to criminal charges.
If the car accident resulting in death is beyond the at-fault driver's control, he won't be facing criminal charges. These include mechanical failures, poor road conditions, and acts of God (natural occurrences like flooding, tornadoes, hailstones, and storm).
Vehicular homicide can be charged if the result of the wrongful death claim is due to careless or reckless driving.
The district lawyer in the given area will also assess if the at-fault driver is accountable for the fatal accident. They will study carefully and consider many factors, including but not limited to the driver's behavior before the fatal car accident happened.
Overspeeding or failure to follow the road traffics and regulations are also possibilities for many fatal accidents, which can lead to death.
Insurance companies and law officers will also regulate thorough investigation and gathering of evidence. They are responsible for studying what happened in the car accident and who is responsible. Witnesses and drivers of vehicles will then be interviewed by these authorities too.
Every vehicle involved in the crash will be examined. In addition to that, law officers will administer an entire scene investigation to get further details about the car accident. They will look for marks, personal injury signs (even small ones that passengers have), and other proof of accidents on the road. These officers may also conduct surveillance footage, previous driving records, and blood tests for solid evidence.
The incident report is one of the most crucial documents in fatal car accidents. All of these will determine whether the driver is truly guilty or not. And if the driver proves to be criminally responsible for the car accident, he will go to prison. His sentence will depend on the charges that are filed against him. But usually, it could last for months or several years.
Of course, no amount of money can bring back the life of a lost loved one or make the pain go away. But the surviving family members can be free from the weight of the piled medical expenses, unsure financial future, and funeral and burial costs through a wrongful death suit. This lawsuit will transfer the burden to the at-fault party.
The parties eligible to file a wrongful death suit are considered to be the direct family of the victim. These include:
Remember that a wrongful death lawsuit differs from the usual car accident lawsuit. In a wrongful death claim, the victim cannot file a lawsuit for already passed away. If your loved one dies due to a car accident and you want to recover compensation and receive justice, you first need to find out if you have a valid wrongful death claim.
The surviving family member can carry out a wrongful death lawsuit, including the spouse, children, or a domestic partner. The parent or guardian could file a suit if the victim was a minor. And once you've finally determined you have a valid wrongful death case, you have to speak to a personal injury attorney.
It's best to find a reliable and quality lawyer to handle your case. They must have extensive years of experience and good credibility in handling wrongful death cases. You deserve an attorney with solid records of excellent performance and resolved settlements to handle your case.
Once you hire a lawyer, they will immediately start investigating your case. They will look at medical bills, other expenses, and liabilities your loved one incurred before passing away. Other damages like lost wages or future earnings will also be looked at.
After that, your attorney will proceed to file a claim and then send a settlement demand to the at-fault driver's insurance company. The settlement demand is intended to obtain an amount that your lawyer believes to be your case's worth. Then the insurance company will state their settlement first offer. Negotiations will continue until fair or maximum compensation is attained. But if not, you and your lawyer can proceed to take your case to court for trial.
Before the trial begins, your case will first go into the "discovery" period. This period allows both sides a further investigation of the case. The defendant's party can dig deeper into the facts, medical records, police reports, statements, and other evidence. And your lawyer will also be doing the same thing towards the opposing side. There will be written and oral discovery.
Suppose no final settlement happens during the litigation. In that case, the case will go to trial, where the jury or judge will finally decide who is liable for the car accident and the lawsuit's outcome.
In times of grief, making a decision could be hard, especially when you're filing a case for your deceased loved one. There are times that you can be tempted to make rushed decisions or immediately accept a cash offer just to avoid the long lawsuit process. But that offer will never be worth it.
If you ever come to this point, keep in mind that urgent decisions like this are not worth it in the end. Don't worry about the long process because your attorney will be there for you until the end.
Most personal injury claims settle before trial. However, in some situations, the defendant's insurance company is not willing to pay for the monetary compensation the deceased person deserves. Your attorney will guide you in making the right decisions and explain your legal rights and options to you. Both of you will work together to win your case and get the compensation your deceased loved one deserves.
Funeral expenses are expensive. But the surviving family members can recover compensation for all burial and funeral costs after their loved one's death. Remember that family members can only legally claim this compensation if the deceased person's estate has already paid for these expenses initially.
No money can ever suffice the loss of support children will experience once they lose a dearly loved parent. Children heavily rely on their parent's support. And as they grow up, they will still look for that emotional, physical, and financial assistance. Sudden death will take all that support away, affecting their emotional and psychological health.
Suppose the deceased person does not have a job during the accident. That does not mean he no longer contributes to the household's economic value. In this case, the insurance company may still consider the loss of services which includes:
Humans naturally depend on the companionship of the people around us. And the law considers the emotional and physical connection that married couples share. Insurance companies will also have to abide by the law and consider the loss of companionship the surviving spouse has experienced. Yet, this claim is still subjected and will depend on many factors.
Punitive damages are awarded by the court to prevent people from making mistakes out of irresponsibility and carelessness. Yet, punitive damages are not always standard. The court only takes into account punitive damages in extreme cases, such as:
Suppose you choose to file a wrongful death claim. In that case, you cannot claim survivor benefits. Survivors' benefits take into account the victim's rights only from the accident's date to the victim's death.
You can only choose between the two: claim the wrongful death compensation or claim the survivor benefits. You cannot claim both. This is why it's indispensable to talk to an experienced wrongful death attorney to know which one is best for your situation. Survivor's benefits can include:
You may think and feel wrong to be concerned about money after the death of a loved one. But it is a wise decision to do so to prevent your surviving family members from suffering economic damages and agony. If the deceased was the primary income earner, it is necessary to do so. One of the wrongful death case considerations is lost wages. It includes any wages after the death of the victim. The amount the surviving members could be enough to assist the surviving family members. And the amount is a combination of the deceased's age, presumptive retirement age, and average income.
Medical bills do cost high. Even just spending a few days in a hospital, especially in the emergency room or ICU, can cost hundreds to thousands of dollars. Survivors' action includes all medical expenses from the accident time to the victim's death.
Some insurance providers may limit coverage for specific types of care. ut usually, medical expenses include:
The death of a loved one can cause different aspects of pain and suffering. This is why the surviving family members have the right to seek damages and financial compensation for the emotional, physical, and psychological pain and suffering that they experience. The claim will then only cover expenses before the time the victim dies.
In some cases, two drivers can be held accountable after a car collision. These two can have different levels of fault depending on the case. Florida uses the pure comparative negligence system. In this case, if your loved one was partially or mostly at fault, you can still file a wrongful death suit for them.
If one or both drivers were on duty during the time of the accident, the driver's employer could also be liable for the car accident on some level.
If the fatal accident occurred because of the employer's unsafe practices, then the employer can be held liable for the accident.
Rarely the state or local government can also be considered liable after the accident. Poor road conditions, damaged roadways, unsafe roads, missing directional devices, and lack of road maintenance can cause accidents that fall under the government's liability.
Suppose you want to succeed in your case against the government. In that case, you must find proof that the state or city is fully aware of these unsafe conditions and did not take appropriate action.
Bars and social hosts can also be held liable for car accidents when their drunk guest causes death or severe injury to someone. Florida's Dram Shop Law states that bar establishments or individual employees can be held liable if they knowingly served a person they knew has a drinking problem or is under 21 years old.
Suppose you finally decided to take legal action against the at-fault party. In that case, it's of utmost importance to talk to our wrongful death attorney immediately. You will receive a free consultation for your first appointment. Once you book an initial appointment, our attorney will discuss your rights and let you understand the legal process and what you should be expecting from the case.
Although plaintiffs in most personal injury cases have four years, the surviving family members only have two years to file a wrongful death lawsuit. A d this will start from the time of the victim's death.
This procedure usually starts with a demand to the defendant's insurance company. After that, the insurance company will or will not respond with a counter-offer. It is up to you if you want to settle. Suppose you cannot have an agreement with the company. In that case, your lawyer can file a motion with the court. The majority of car accident cases settle outside of court. But some end up making it to court.
If you lost someone close in a fatal car accident due to another's negligence, you must seek the help of a professional who handles wrongful death cases. A the Soffer Firm Miami Personal Injury Attorneys, we have an experienced wrongful death lawyer who has helped numerous families to recover maximum compensation for their damages. We are here to answer any questions about wrongful death claims so you can get started on recovering from this tragedy. Reach us today at 786-788-7344 and get a free consultation.
The law limits how much time you have to file a wrongful death case. That's why you should act fast if someone close passes away due to a wrongful death accident.
WHAT CAN I EXPECT AFTER BEING ARRESTED FOR A DUI IN CALIFORNIA?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status.
This blog will go over what you must expect when facing DUI charges. This blog can also help you navigate the DMV hearing process and understand the punishment that goes with a DUI arrest. Read further to learn more.
Receiving a first offense DUI in California is a misdemeanor in most cases. There are various DUI charges in California, depending on the nature of the violation. These local statutes are as follows:
The penalty accompanying a DUI arrest varies depending on the severity of the case. A drunk driving arrest involving bodily damage or death has harsher penalties than a simple drunk driving case.
Following a DUI arrest, here are what you should expect if you are arrested for a first-time DUI in California.
If you are arrested for a DUI in California, you must schedule a hearing with the DMV. This process is called an administrative per se hearing. The DMV will determine whether your license will get suspended or revoked during this process.
The responding law enforcement officer will also confiscate your driver's license during the arrest. Once you receive a notice of DUI arrest, you only have ten days to request a hearing with the DMV. Otherwise, the DMV has the right to suspend your driver's license immediately.
When a law enforcer acquires your license, they will give you a notice of suspension. In this notice, a number is written that a driver can call to schedule a DMV hearing. Often, the DUI defense attorney does this.
Once a hearing is scheduled, the DMV will provide you with a temporary license for 30-days. However, situations exist when the DMV cannot hold your hearing within 30 days. They will issue a document allowing the temporary license extension in these cases.
The DMV or California's Department of Motor Vehicles considers various factors before deciding on your license. One of the most observed factors is the result of your chemical test.
The DMV will check if you agree to take a breath or blood test. They would use this to determine if you exceeded the state's legal limit for blood alcohol concentration.
However, a chemical test is entirely voluntary. If you decide to decline a chemical test, the department will factor in the police record.
They will evaluate if the responding law enforcer lawfully arrested you for DUI. A law enforcer must inform you of the consequences of rejecting a chemical test.
If you decide not to accept the blood or breath test, you risk your license for suspension or revocation.
If you are convicted of drunk or drugged driving in California, the court may impose a license suspension. This suspension will last for a certain number of months or years, depending on your case.
It's essential to remember that a criminal trial is independent of the scheduled DMV hearing. You can prevent a court-imposed licensed suspension by setting up a hearing with the DMV. But this is not enough. You still need to win in that administrative hearing.
To prevent a court-imposed license suspension, it's also essential to avoid a 'plead guilty' or 'no contest.' Hiring the best DUI defense lawyer is best to avert a court-imposed suspension.
If an enforcer arrested you for driving under the influence in California, you must appear in court. Unlike the DMV hearing, a defendant must attend a criminal court hearing.
Failure to make a court appearance may result in license consequences such as suspension or revocation. It's important to remember that attending all court hearings is mandatory once you receive a conviction for driving under the influence.
Although both legal procedures are essential to your DUI case, a DMV hearing officer is limited by what he can impose on a defendant. A criminal court judge can inflict a severe impact on your criminal record.
To further understand the difference between a DUI court decision and a DMV hearing decision, we listed some key differences below:
If you are arrested for inebriated driving in California, you can face many legal consequences. A first DUI offense is a misdemeanor in most cases. At this offense level, you may be able to keep driving if you obtain an 'ignition interlock device restricted license' for a few months.
You will also likely be required to partake in DUI classes. The court may also demand you install an ignition interlock device (IID) in your car.
If your blood alcohol level is exceptionally high or you were involved in an accident, you may be facing more severe charges that could result in jail time.
Here's a list to further understand what penalties you may face in drunk driving charges:
Regardless of the specifics of your case, it is essential to seek experienced legal representation immediately. DUI lawyers can help you achieve a favorable case outcome.
When the court convicts a defendant for DUI, the judge may choose to sentence them to probation instead of jail time.
Receiving probation means that the defendant must follow certain conditions, such as attending DUI classes or installing an ignition interlock device.
Probation is a criminal sentence of supervision in the community rather than imprisonment. It is a way to keep an offender out of jail and allow them to continue their life, as long as they comply with the court's orders.
The court may offer probation instead of jail time or, in addition to a jail sentence. There are two most commonly known types of probation: informal and formal probation.
If the court grants you probation, there are certain things you can and cannot do during the probationary period:
There are instances when the court may demand additional penalties or conditions for your DUI probation. The court's decision to include other conditions in your probation depends on the nature of your case.
They may require you to attend organization meetings or support groups such as Alcoholic Anonymous, Narcotics Anonymous, or Mothers Against Drunk Driving Victim Impact Program.
Furthermore, the court may also require you to pay for victims' compensation if they sustained injuries. The amount of restitution varies depending on the damages received by the victim.
If you neglect the conditions of your probation, the court may issue a bench warrant for your arrest. A bench warrant is a legal penalty given by a judge to arrest and bring the defendant before the court.
The consequences of a bench warrant depend on the severity of the violation. The court may also consider the defendant's standing criminal record.
Typically, a bench warrant will result in the defendant being taken into custody and brought before the court. The court may then sentence the defendant to maximum jail time or imprisonment.
When you are arrested for DUI in California, the officer will confiscate your driver's license. Once the officer suspends your license, they will give you a notice that spells out the suspension process and your rights.
This notice of suspension is effective for 30 days after your arrest. The defendant will need to arrange a hearing with the DMV within ten days after a DUI arrest. If the defendant fails to do this, the DMV can impose an automatic license suspension.
The court may also grant a defendant a restricted license. There are two types of limited licenses in California. Namely, these are standard restricted licenses and IID-restricted licenses.
A defendant with a suspended license may apply for a restricted license in California. A restricted license will allow the defendant to drive for specific reasons, such as going to work or school.
A restricted license is not available to defendants disallowed by the law. Defendants who also refused a chemical test are not allowed by the law to apply for a restricted license.
There are two types of restricted licenses in California. These licenses are the ignition interlock device (IID) restricted and standard limited licenses. These two licenses have differing regulations and applications.
An ignition interlock device restricted license is a restricted license in California. This license is available to defendants with a suspended license who must install an ignition interlock device (IID) as part of their probation.
An ignition interlock device (IID) is a device installed in a vehicle and measures the driver's BAC. If the driver has a BAC above the legal limit, the IID will not start the engine.
The DMV may require a convicted defendant to use an IID for four months. However, if they lose a case in the criminal court, they may require the defendant to use an IID for up to six months.
Furthermore, a defendant with a detected amount of BAC greater than or equal to 0.02% may have to extend their IID restriction to 10 months.
A defendant can request an IID-restricted license immediately after an arrest. In contrast, a defendant can only apply for a restricted license 30 days after the arrest.
A defendant can only use a standard restricted license to drive in between a DUI treatment program. Defendants can also use a restricted license to drive to work, during work, or go home.
An emergency medical situation is also permitted with a restricted license. If public transport is unavailable, a defendant can also use the limited license to drive a minor or a dependent adult.
Obtaining a restricted license in California is not much of a hassle. The DMV requires defendants with a suspended license to submit an SR22 form. You must submit the form to the DMV within ten days of the arrest.
The SR22 form is a certificate of financial responsibility that proves the driver has car insurance. This form is a critical document proving that you can be held responsible for any damages you might cause.
You may also need to submit other essential requirements, such as proof of enrollment in a DUI school. In addition, you may also need to pay a $125 reissue fee. This amount can change to $100 if the defendant is aged 21 or below.
Hiring a criminal defense lawyer can help you seamlessly organize and process your restricted license request. Furthermore, they can help you resolve any conflict that might arise during the application process.
A first DUI offense is a misdemeanor in California in most cases. The DUI arrest will stay on your criminal record for ten years.
A DUI conviction can have long-lasting effects. Receiving a DUI misdemeanor can affect your driving rights, job opportunities, and insurance premiums. Moreover, you may also need to pay thousands of dollars in fines and fees.
Depending on the nature of your case, the court may allow you to file for erasure in a criminal record. This is known as expungement, a legal process of erasing a criminal conviction from your criminal record.
The primary benefit of obtaining an expungement is for career purposes. Employers are legally bound by the law to prohibit asking applicants about their criminal convictions during an interview. However, once a job offer is made, they are legally allowed to ask this question.
If you have not expunged your DUI conviction, you must disclose this information to your employer. However, once your DUI record is deleted, it's not your responsibility to inform your employer about your former DUI conviction.
Before you can apply for an expungement, you need to identify first if you can qualify for one. Here's what California Law allows for expungement:
Once you complete the probation, you may apply for expungement to the court. The judge will then review the defendant's case to approve or reject the defendant's request. If allowed, the court will remove your DUI conviction from your record.
Aggravating factors increase the penalty of a crime. The added penalties can range from enhanced community service to a longer jail sentence. A first-time DUI may have more significant penalties in California if the court identifies the following factors.
Moreover, the court may also factor in your criminal history to impose an enhanced legal penalty. If they identify that you have a prior DUI conviction, the court is more likely to give a heavier DUI sentence.
Even if it's your first DUI offense, the court can still give a harsh sentence depending on the aggravating factors of your case. This is why it's essential to have a reliable DUI attorney during the legal proceedings.
California Vehicle Code 23153 VC outlines DUI cases causing bodily injuries. A first offense DUI is charged as a misdemeanor offense in most cases. In line with this offense level, the punishment is less harsh than a felony offense.
However, a DUI with injuries is a wobbler offense. The court will look at the accounts of the case and the driver's criminal history to identify the appropriate offense level.
When it comes to DUI offenses, there are different levels of severity. In some cases, the court may impose an alternative sentence for first-time DUI offenders. Here are some DUI alternative sentencing offered in California:
DUI attorneys are experienced legal professionals who handle this field of criminal law. It's essential to seek the best legal service available for you. Our DUI attorney at Summit Defense can help you build the best legal defense for your situation.
Building a solid attorney-client relationship is crucial in these situations. A reliable and proficient DUI lawyer will ensure that they will handle your case with confidence and confidentiality.
If you are in great need of an expert and reliable criminal defense lawyer, call us now at 1-866-851-9645. We provide a free consultation for all our potential clients. You may also use our online contact form to reach us.
You are a motorcycle owner, running late for work. You see a traffic jam, entirely stopped, and all you think about is how you can still be on time. Instead of waiting in line on a major road, you thought of passing in between a sea full of cars. This practice can be risky, but you know that moving amid all the entirely stopped cars gives you an advantage as a motorcycle owner. This practice is called Lane Splitting.
Motor vehicles are often prone to being stuck in traffic. Rush hour is typical in large cities, and when the traffic gets too heavy for motorists to move at an average speed, it can be not very pleasant. This is why many motorcyclists find a way to ease their burdens and arrive on time.
Because of the nature of their vehicles, motorcycle owners resort to what is called lane splitting. Lane splitting occurs when a motorcycle rider passes between cars driving very close together. The practice is controversial since it can be dangerous to those involved and those sharing the road.
While lane splitting is illegal in Florida, that does not mean that motorcyclists are entirely banned from doing it. The law states that a motorcycle can only be driven between two lanes of traffic if the lanes are moving slowly. If the traffic moves too quickly, the motorcyclist must stay in the same lane.
Thus, it is essential to remember the following:
Note that motorcyclists should adhere to traffic rules and regulations like any other vehicle. Motorcycles must obey stop signs and red lights and cannot speed past cars to get through a congested area. Doing so would be dangerous for both motorcyclists and motorists around them.
Lane splitting is believed to be one of the causes of motorcycle accidents. Most drivers are injury victims that were not protected adequately while riding.
Lane splitting accidents are often more severe because they involve two vehicles traveling at high speeds. Motorcycles offer little protection to the rider in a collision. Some of the common injuries suffered in these accidents include:
Lane splitting poses a lot of benefits, such as saving time and fuel. But, there are also risks of accidents that may occur through this practice. Know what to do to prevent being involved in a motorcycle accident:
Get legal advice from a personal injury law firm committed to helping you recover compensation for your injuries, time off work, and other losses. Call us now at The Soffer Firm Miami Personal Injury Attorneys for a free consultation regarding your legal remedies.
Do not hesitate to call us when you are injured in a motorcycle accident. Our experienced Miami Motorcycle Accident Attorney will help you through the legal process and ensure you receive the best possible outcome for your case. Contact us now at (786) 788-7344.
Motorcycle accidents are on the rise, and they can cause serious injuries. You deserve fair compensation if you were injured in a motorcycle accident that wasn't your fault. But, most motorcycle accident victims don't get the justice they deserve.
Insurance companies know this and will try to pay as little as possible for your motorcycle accident claim. They might even try to manipulate you that their offer is at or above market value. The amount that they will offer can barely cover your medical expenses.
Our motorcycle accident attorney at The Soffer Firm has helped thousands of motorcyclists before. We will help you process your motorcycle accident case and get you the outcome you deserve.
When you are thinking about the value of your motorcycle injury claim, here are a few factors that you should consider.
The more catastrophic the injuries, the higher the value of your case. Your personal injury attorney knows how to handle all these things. They will give you an accurate estimation of what your case is worth.
The value will depend on what kind of defendant you are suing. If the driver who hit you does not have any assets, it's a different case. This will get even more complicated since the outcome of this situation varies. It would be best to confer with your motorcycle accident lawyer about this.
On the other hand, if they have assets, your personal injury attorney can help you get compensation through their insurance policy or by directly filing against their insurance company. The more assets someone has, the easier it is to seek compensation for your injuries.
You will need medical expenses for surgeries and treatments. This also includes any relevant rehabilitation programs that you might go through after the crash. You may even consider future medical expenses if your injuries are permanent or if they cause recurring problems in the future.
If you missed workdays because of your motorcycle accident, this counts as damages. Your personal injury lawyer can help prove how much money you lost out on because of your absence from work due to the crash.
Your pain and suffering are also part of the damages. The more serious your injuries are, the easier it will be to prove that you deserve compensation for this too.
Most motorcycle accident claims are personal injury claims. The injuries you suffer from a motorcycle accident can vary greatly. You could be a victim of a head-on collision and end up with traumatic brain injury (TBI). Or, you could hit your head against the pavement and get a neck fracture.
These injuries will come with heavy medical expenses, and it's hard to prove how much you should receive as compensation for this. Insurance companies use different valuations when they deal with motorcyclists' injury claims.
The key here is to know what kind of valuation your insurance carrier applies. By doing so, you can seek the help of a personal injury attorney who specializes in motorcycle accidents. They can help you fight for your compensation on your behalf.
The insurance company might present a settlement offer. This is the quickest and easiest way to close your case. Most of the time, they will lowball you on the offer.
Your personal injury attorney can give you a better idea of a fair offer. If it's lower than what you expected, they can help you negotiate with the insurance company for a higher amount.
If the insurance company does not want to cooperate, your lawyer can take them to court and file a lawsuit on your behalf. This will significantly increase the worth of your case as well as the amount of money you could potentially receive in compensation.
It is imperative to seek experienced personal injury lawyers. An experienced lawyer understands the ins and outs of motorcycle accident claims.
They will assist you and get the best possible outcome for your case. You deserve fair compensation for the injuries you suffered, and your lawyer can make sure that you get it.
An unsettled motorcycle accident injury claim will need to go through the litigation process. This will give you more control over how much money your case is worth.
A jury determines this valuation, and it depends on several factors. But, the most crucial aspect of this is your sustained injuries. Motorcycle accident injuries vary greatly, so this will affect how much your case is worth.
Personal injury attorneys will know which expert witnesses will help prove your case better, depending on what kind of injuries you sustained from the crash.
In a motorcycle accident claim, damages lead to compensation. You may incur different kinds of damages from the motorcycle crash. It is up to your personal injury lawyer to prove how much each damage counts for in your case.
Special damages are financial losses that you incurred due to the motorcycle accident. These include medical bills, property damage, lost wages, and any other expenses you paid because of the crash.
Suppose your insurance carrier refuses to pay for some of these damages. In that case, your personal injury attorney can make sure that this is included in your claim. Personal injury lawyers can assist you in filing a lawsuit on your behalf if needed.
Non-economic damages are losses that are non-impacting to your finances. These damages are difficult to measure. You can include pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life, or disability.
You may not have any visible injuries from the crash but suffered severe psychological damage. This counts as non-economic damage as well. You can use these emotional damages in court against your insurance carrier.
In a motorcycle accident claim, you can include loss of income due to the crash. This also includes your future lost wages.
Different personal injury lawyers may use different ways of calculating this value. They usually consider your salary, projected earning potential, and how long it will take for you to return to the workforce after the accident.
Various calculations exist for hourly-waged workers and salaried workers. You must take your hourly rate and multiply it by your missed hours for hourly-waged. The product will be your lost hours. Salaried employees have a slightly varied computation for their lost income.
They must compute for their annual salary and 2080. Take the quotient and multiply it by your missed hours. The '2080' constant is the number of working days in a year.
After considering several factors, they might come up with an average amount of money that you could have been paid when you were unable to go back to work because of the accident. Keep in mind that these computations exclude bonuses, tips, and other incentives.
In some cases, your motorcycle accident injury claim may also include your future lost earning capacity. This is the value of money that you would have made in the future if the accident had never happened.
A motorcycle claim for lost future earning capacity varies depending on your sustained disability. The law recognizes two factors when computing for your lost earning capacity. This could be a partial or total disability.
If you sustained a permanent disability, this is how they will compute your earning potential. Most economists set a 65 to 67 years old limit when calculating your lost earning capacity. They will take this age limit and multiply it to your average annual income. The product of this equation will be your lost earning capacity as someone with a permanent disability.
An economist will use a different equation for a partial disability. The calculation of lost earning capacity varies whether you can still return to work after your injury. In most cases, it would follow the computation for lost future income. It would be helpful to consult with a personal injury attorney to know which computation suits you best.
Suffering from a motorcycle accident can lead to many disadvantages for the victim. This is why they need to recover financial compensation after the accident. An insurance claim compensation will help them get back on their feet.
At The Soffer Firm, we will help you give you an honest evaluation of your case to determine how much your case is worth. Also, with the help of our motorcycle accident lawyer, you can obtain the maximum compensation available for the damages you incurred from your motorcycle accident. Our personal injury law firm helped many clients in the past, and we can also help you!
If you are suffering from a similar situation, you must call us at 786-788-7344. We offer a free case evaluation for your initial visit. You can also fill up our online form here!
Motorcycle accidents can happen in an instant. If you or a loved one has been injured in a motorcycle accident, it's essential to know the most common motorcycle accident injuries and what can be done to help them heal faster.
The majority of motorcycle accidents are caused by other vehicles on the road, so knowing how to avoid these types of collisions is essential for motorcyclists.
Most serious injuries sustained that occur during a motorcycle crash are due to impact with another vehicle involved in the collision (not from hitting the ground). Knowing this key fact will allow motorcyclists to prepare themselves for potential injury prior to an accident occurring.
In addition, knowing how best to treat these most common injuries will help motorcycle riders recover faster and keep them riding sooner than if they didn't know what was wrong with their bodies.
The are many sorts of fatal injuries a motorcyclist may suffer in an accident, but certain problems are more prevalent. The following are some of the most frequent motorcycle accident injuries:
In the event of a common motorcycle crash, riders can suffer severe back and spinal cord injuries, including fractured vertebrae. Surgery, physical rehabilitation, and time away from work are all common treatments that may be given to motorcyclists suffering from back injuries.
Damage to the spinal cord might result in paralysis below the site of the trauma.
Broken bones are quite the common injuries suffered among bike riders. Whether the rider is injured in a motorcycle accident because of their own driving or in a collision with another vehicle, they're likely to suffer fractures.
Riders frequently damage their hands, arms, feet, legs, and ribs. The severity of the fractured bones depends on the circumstances; nevertheless, healing might require surgery and physical therapy.
Unhelmeted riders, or even helmeted riders, can suffer from a traumatic brain injury, which can range from mild to severe injuries.
The minor brain damage might be quickly overcome, but moderate to severe TBIs frequently have long-term repercussions, including cognitive and physical impairments as well as permanent nerve damage. A severe TBI can cause a coma and death.
The phrase "road rash" refers to abrasions and lacerations a motorcyclist gets from sliding on pavement or gravel. It's a typical accident for motorbike riders, with minor to severe degrees of severity.
A first-degree road rash causes reddening of the skin, but victims do not necessitate medical attention other than home care.
A second-degree road rash requires more care since a person suffering from this usually has broken skin. Although most of the time, this does not necessitate someone to be rushed into the emergency room.
A third-degree road rash is a severe type. This affects multiple external skin layers. A third-degree road rash should be treated as soon as possible to minimize the chance of infection. Motorcyclists should wear the proper gear to protect themselves better against road rash.
Motorcyclists' internal organs can likewise be damaged in a collision, particularly in accidents involving multiple vehicles.
For instance, when a passenger vehicle strikes the motorcyclist from behind, blunt force impact to vital organs is common. Side impacts and ejected riders might also suffer injuries due to contact with another car or pavement. Injury to the internal organs can result in death if no immediate medical attention is done.
Non-fatal motorcycle injuries to the head and neck are quite prevalent. Riders can suffer from whiplash, which can damage the muscles and ligaments in the neck or cause paralysis. The neck, face, and skull are all possible sites of head and neck injuries.
In addition, the motorcycle rider is more likely to suffer permanent scarring, severe head trauma, or head injuries such as scalp lacerations if they do not wear a helmet.
The lower extremities such as legs and feet are the most frequently affected areas in non-fatal motorcycle accidents. This may be due to a rider's legs being frequently struck in a collision or because they are the first body parts to strike the ground if they fall to the side.
Broken bones, dislocations of the knees, and road rash are all examples of leg injuries. Riders should use protective gear like boots and a robust, thick cloth on their legs to prevent these kinds of accidents.
Areas in the face and mouth are very susceptible to catastrophic motorcycle accident injuries. Eye damage or loss of vision, fractured facial bones, loose or missing teeth, permanent facial scarring, and other problems may be experienced by the victims.
Dental and facial injuries caused by automobile accidents may cause disfigurement, lowering a victim's self-esteem and confidence.
The chest is often injured in common motorcycle crashes. Broken ribs, organ damage, collapsed lungs, and internal bleeding are all possible consequences of blunt force trauma to the chest.
Chest injuries are often serious and may require surgery. If not treated quickly, they can lead to death.
Motorcycle accidents often leave the victims with open wounds which can be caused by road rash, broken bones piercing the skin, or a sharp object.
Open wounds, like those that occur from shrapnel or splinters, might be contaminated by dirt, shards of metal or glass, or other debris and therefore need expert debridement. Open wounds also put people at risk of getting infections.
Injuries to limbs or upper extremity injuries can limit a person's physical capabilities. A serious injury to the lower extremities such as an arm or leg might prevent someone from performing high-level activities for long periods of time. Or perhaps entirely stop them from doing so due to permanent disability. And this can also lead them to lost wages or future earning capacity.
Many of the consequences of a traumatic brain injury might make it difficult for someone to live on their own. A person's brain may be damaged, affecting their sensation, feelings, thinking capacity, and communication skills.
TBI patients who can no longer balance adequately are less likely to get back on their bikes. Changes in personalities, such as depression or aggressive behavior, may be noticed by their friends and relatives. They may have trouble speaking or communicating effectively. TBI victims might also have permanent memory difficulties.
As a motorcyclist, it is important to be aware of the most common injuries sustained in motorcycle accidents. By knowing what to look for, you can seek treatment sooner and have a better chance of making a full recovery. Contact us so we will be able to advise you on your legal rights and help you get the compensation you deserve for a free consultation.
Call the experienced motorcycle accident lawyer at The Soffer Firm Miami Personal Injury Attorneys if you have been injured in a motorcycle accident because of someone else's negligence. We are a prominent and well-respected law firm in Miami that handles all sorts of personal injury cases.
Our skilled personal injury attorneys in Miami are 100% dedicated to safeguarding the rights of those who have been harmed by someone else's negligence. We recognize the proof required to show the defendant's bad conduct and how to prove to a judge or jury that the negligent behavior was responsible for your specific injuries.
Our personal injury attorney will fight to get you the maximum compensation available. Call us at 786-788-7344 for a free consultation or email us at info@sofferfirm.com.
"We don't get paid until you get paid."
In Florida, motorcycle accidents are a common occurrence. If you have been involved in a Florida motorcycle accident, there are steps that you need to take right away to protect your rights as a motorcyclist to claim damages from the at-fault parties.
Motorcycle accident injuries can be severe and even fatal if proper care is not sought out immediately after the accident happens. The aftermath of a bike crash could leave you with serious injuries like head injuries or broken bones. You may also suffer from emotional trauma brought by the physical injuries you sustain.
The Soffer Firm Miami Personal Injury Attorneys will provide assistance for anyone who has been injured in a motorcycle crash in the state of Florida. We'll give you legal advice on how we can help and answer any questions that you might have about filing insurance claims. We will also help in pursuing legal action against negligent drivers and other parties involved that cause your Florida motorcycle crash. We will give you a 100% free consultation!
Below are the things you should do after a motorcycle accident in Florida.
Motorcycle accidents are more likely to result in catastrophic injuries than other motor vehicle collisions. This is because motorcycle riders have little protection from the impact of a collision. Your priority right after your Florida motorcycle accident is to seek medical attention as quickly as possible to prevent any injuries you sustain from progressing.
Many motorcycle riders think that they don't need urgent medical attention after their accident because their adrenaline can mask the pain of their injuries. Later will they realize how serious their injuries are when they start to feel the pain. So don't feel confident that you feel nothing after the accident. Seeking medical attention immediately can save you!
You must call 911 immediately. If law enforcement has not arrived at the accident scene, call the authority so a police officer will be sent to the accident scene for investigation.
In order to determine what and who caused the collision, the police officer will gather statements from the parties involved and any eye-witnesses to obtain information.
While waiting for the authority to arrive at the accident scene, you can take pictures or videos of the scene if you have a cellphone or camera. Pictures are more accurate and dependable than handwritten notes. Photographs assist police and insurance companies in determining who is at fault in an accident.
It is also crucial that you take pictures of the vehicle's plate numbers, the vehicles involved, driver's car insurance card, and driver's license. These things can help your motorcycle accident lawyer build a strong case for your motorcycle accident.
You should try to collect information as much as you can from the drivers, passengers, and witnesses while you wait for the cops to arrive. Get their names, contact information, addresses, and insurance information.
Insurance companies value witness testimonies highly since these are deemed as an unbiased account of what occurred during the accident.
Get the complete names, contact details, and house addresses of all individuals who witnessed the incident at the scene. If accident witnesses depart before the police arrive, you still have a record of their information, and you can use this later when you start processing your accident case.
As soon as the accident witnesses depart from the scene and the police arrive, the at-fault driver can and will alter their story. These witnesses offer an unbiased description of how the collision occurred that can be used by the police and insurance companies in order to determine liability.
The first step in receiving compensation for your damages is to file an insurance claim with your motorcycle insurance carrier. Even if you are not at fault, most insurance companies demand that you notify them of the accident.
After reporting the accident to them, your insurance company will send an investigator to determine liability and a claims adjuster to handle the claim process. While your insurance provider may appear to be on your side, keep in mind that their business is all about making money. Because of this, you must avoid giving any further information because they can use it against you to lower your insurance claim.
A motorcycle accident can result in significant doctor and medical expenses, lost wages, and physical injuries. You must show all economic losses as a direct result of the accident and your injuries in order to win a personal injury lawsuit. That is why you should keep track of your bills, receipts from the hospitals, and any other bills of your expenses.
Some motorcycle accident victims involved are badly hurt and must take time off from their jobs for a period of time, which leads to lost wages. So, the accident victim should provide proof of the income they received before the motorcycle accident happened.
Insurance companies are simply in the business of generating money, so be on the lookout for any attempts to undervalue your claim. With this, avoid social media until your motorcycle accident case is concluded. Investigators might misinterpret your images or messages that they can use to reduce your insurance claim. They might believe you just exaggerated a claim to receive more monetary compensation than you stated. They may also check your history for prior incidents to see if you were involved in another accident and claim that you were hurt as a result of another accident other than the one currently under investigation.
After a motorcycle accident, the insurance company is certain that you need money right away, so they will entice you into early settlements to avoid paying what you are rightfully owed.
To be on the safe side, you should hire an experienced personal injury lawyer to handle each element of your case. The ideal motorcycle accident attorney will provide you with an honest evaluation of your situation and help you obtain the compensation necessary to cover all physical health expenditures as well as financial instability caused by your injuries from the motorcycle accident.
If you were injured in a motorcycle accident that is not your fault, it is critical that you consult with a personal injury attorney who has handled similar motorcycle accident cases.
Unlike car collisions, the state of Florida does not require owners of motorcycles to have personal injury protection (PIP) insurance coverage. This implies that motorcycle riders in Florida usually have no motor vehicle insurance to pay their medical bills and expenses following a collision.
You'll need an experienced motorcycle accident lawyer to ensure that your medical expenses are paid and that you get compensation from the at-fault driver for any additional damages you've sustained. A competent motorcycle accident lawyer will also assist in determining the types of damages you're entitled to and the coverage options available so you can receive the fair compensation you deserve.
If you've been in a Miami motorcycle accident and need legal help with your accident case, contact The Soffer Firm Miami Personal Injury Attorneys to speak with an experienced motorcycle accident attorney for assistance. Reach us at 786-788-7344 to schedule a free consultation.
We'll assist you in determining the amount of your claim, and we'll work tirelessly to ensure that you receive all the money you are owed.
Many parents may not be aware of the Florida car seat laws. But knowing this will ensure your child's safety while traveling in a vehicle. Furthermore, it is essential to know and follow these laws.
Here, we will overview the required car seats for different age groups. Moreover, we will also discuss how each regulation applies to child passengers in Florida. Knowing and following these rules can help keep your child safe while on the road.
At The Soffer Firm, our experienced car accident lawyer can help you understand the importance of implementing these laws. Call our car accident attorney now if you are experiencing legal disputes with Florida's car seat laws!
There are some exceptions to Florida's car seat law. For example, a child with a persistent medical condition may ride in the backseat without a booster seat. However, the child must wear a seat belt to ensure safety.
In addition, a driver is not responsible for ensuring that car seats are installed correctly. That responsibility falls to the child's parents or guardians. A child's parents should provide a booster seat if they request another person to drive their kid.
Florida car seat laws also do not apply to buses that meet a specific definition. In addition, it does not apply to farm equipment, motorcycles, and bicycles.
Florida car seat laws state that children at least four feet & nine inches tall can use a booster seat. Otherwise, they must use a front-facing seat until they outgrow the requirements. The child's weight is also a significant factor when determining which car seat to use.
For example, the Florida Booster Seats for Children website recommends that kids weigh 40 pounds and under 80 inches tall. Moreover, they must be cognitively developed enough not to unbuckle their belts.
Once a child meets the height and weight requirements, they must ride in a regular vehicle seat with a lap or shoulder belt. Plus, all passengers aged 17 years old and younger must use the appropriate restraints at all times while riding in vehicles.
The person who drives a child younger than six years old must use the appropriate car seat or booster seat. But there is an exception to this law. If a child has a medical condition and cannot sit in a car seat or booster seat, they may ride in the backseat without one. However, children with such conditions must wear their safety belts at all times.
According to Florida Statute 316.613, all children younger than four years old must be restrained in a child safety seat. This requirement also applies to kids younger than eight years old and who weigh less than 80 pounds.
There are three available types of child safety seats: rear-facing, forward-facing, and booster seats. Rear-facing seats are designed for infants and toddlers. These seats keep the child in a more reclined position and distribute the force of a crash across the entire back.
Forward-facing seats are for older children who have outgrown their rear-facing seats. These seats typically have harnesses that restrain the child in an upright position.
Booster seats elevate a child so that the car's seat belt fits correctly. This lets the seat belt spread out the force of an impact across a larger surface area.
Let's discuss more of these child safety seats below.
A child must always ride in a rear-facing car seat until at least one year old. This car seat keeps the baby's head, neck, and spine aligned with their back. In addition, this type of seat also protects the child's organs from harm.
After your child turns one year old and meets all height and weight requirements, they can transition to a forward-facing car seat.
A forward-facing car seat protects children who have outgrown their rear-facing seats. These seats are designed with harnesses. This will keep the child's body upright during accidents.
Moreover, these restraints distribute the force of impact across larger surface areas. Because of this, this seat can help prevent injuries.
In case your kid weighs at least 40 pounds and has met all height and weight requirements. Then they can use a booster seat or standard vehicle seat with a belt. But, you must inform your local law enforcement department if your child is younger than six years old and does not meet those requirements.
A booster seat is essential for keeping a child safe while riding in a car. The seat elevates the child so that the car's seat belt fits correctly. In addition, this type of seat helps distribute the force of an impact.
Furthermore, it keeps the child in an upright position. This is vital because the seat belt fits better across the child's chest and hips when sitting up straight.
Florida car seat laws require that kids weigh 40 pounds or less and be under 80 inches tall to use a booster seat.
When a child meets those requirements, they must ride in a regular vehicle seat with a lap or shoulder belt. All passengers aged 17 years old and younger must use appropriate restraints at all times while riding in a vehicle.
The state of Florida requires drivers of motor vehicles, front-seat passengers, and children under 18 to use a seat belt while riding in a vehicle.
Seat belts play an integral role in protecting passengers during accidents. These straps keep people in their seats and away from potential injuries.
To be fully protected when wearing a seat belt, it is crucial to wear it correctly. The belt should fit comfortably across your chest and hips. It should never be worn loosely or allow any part of your body to hang out of the car.
Moreover, it would be best never to put the belt behind your back or underneath your arm. Doing so can significantly increase your risk of injury in the event of an accident.
Observing proper car seat guidelines can give optimal protection to your child. Child car seats need to meet the state's requirements. Here are some of the most crucial car seat safety guidelines in Florida:
Your child's safety is always your number one priority when riding in a vehicle. Therefore, you must take all car seat guidelines seriously while driving in Florida. Doing so can help you keep your kids safe during every trip, no matter how short!
The state of Florida punishes law violators. You could be fined up to $60 for each violation. In addition, you may be required to attend a car seat safety course.
It is important to always abide by car seat safety guidelines while driving in Florida. Failing to follow the local regulation could lead you to lose three points on your license. But most importantly, it puts your child's life at risk in the event of an accident. It's best to make sure you buckle up every time you get behind the wheel!
Florida law does not prohibit children from sitting in the front seat of a vehicle. However, it is always safer for them to sit in the back.
The safest place to position your kid is in the backseat of the car. This area is designed to protect them during a collision. When they are seated in the front, they are at an increased risk of being injured.
It's best to keep your kids as safe as possible while driving in Florida by following all car seat safety guidelines. Doing so can help reduce the risk of injury or even death in the event of an accident.
Parents should abide by the car seat laws in Florida to protect their children. If you are facing legal disputes with car seat laws, then you must call an experienced lawyer to help you.
Call us now at 786-788-7344 to get a free consultation. You can also fill out our online form if you prefer to do it that way.
Florida is an excellent place for motorcyclists, but there are some things you should know before hitting the road. There are motorcycle laws that motorcyclists must follow in Florida.
In this blog, we cover everything you need to know about Florida's motorcycle laws. Knowing the rules and regulations before riding a motorcycle in Florida can help you and your Miami motorcycle accident lawyer ascertain the best possible way to obtain damages after your motorcycle collision in Florida.
Motorcyclists are subject to specific rules and motorcycle laws in Florida. It is required for individuals who ride motorcycles to:
In Florida, motorcyclists must follow two sets of regulations. The first is concerned with what insurance policy you'll need to carry when riding without a helmet lawfully in the state. The second is concerned with the liability insurance you must have to drive a motorcycle legally in Florida.
In addition to being at least 21 years old, you must have at least $10,000 in medical insurance benefits when you ride a motorcycle without a helmet. If you're injured in a motorcycle accident, this insurance will cover your injuries. Motorcyclists are not required to purchase this type of insurance policy, but if they don't want to wear a helmet, it is required.
All motorcycle riders must carry liability insurance, as well. You must have at least $20,000 for bodily injury liability coverage, $10,000 for property damage plus bodily injury per person, and at least $30,000 as your single-incident liability limit. It is against Florida law to drive a motorcycle without the necessary insurance requirements even if you wear a helmet.
In Florida, one of the Florida motorcycle laws is that you must have a motorcycle endorsement on your driver's license. This requires riders to undergo specialized training for motorcyclists. Obtaining a motorcycle endorsement without having a regular driver's license is possible in Florida. To lawfully ride a motorbike in Florida, you must have a motorcycle endorsement specific to motorcycles.
Even in broad daylight, Florida law 316.405 states that motorcyclists must use a headlight. This law clarifies that failure to utilize a headlight does not constitute negligence in a civil case. However, if the failure to use a headlight is the immediate cause of motorcycle accidents, it may be used as evidence of the motorcycle rider's negligence in a civil case.
The rules of the road apply to Florida motorcyclists, according to Florida Statute 316.208. When you ride a motorcycle in Florida, you must adhere to the same regulations that other motorists must follow. You can't weave in and out of traffic. You must follow and obey all traffic signals.
You are also entitled to the same rights that other drivers have on the road. You have the right to use your entire lane, but you may also share a lane with another motorcyclist. According to Florida law 316.209, other drivers must allow you full use of a lane. Even though you may not drive between traffic lanes or rows of cars, you may ride two abreast with another motorcyclist if you so desire.
All motorcyclists in Florida should be aware of the state's helmet regulations. All riders are subject to Florida's helmet rules. In addition, whether or not you wear a helmet may affect your right to financial recovery and lost wages if you're injured in a motorcycle accident.
Whether you are wearing a helmet or not, you should consult with an experienced Miami motorcycle accident attorney if you have been hurt in a motorcycle accident.
Florida's helmet law requires individuals under the age of 21 to wear a helmet when riding a motorcycle. The helmet law also requires motorcyclists to wear a helmet if they don't have at least $10,000 in medical coverage in case of a motorcycle crash, regardless of their age. The motorcycle helmet law in Florida is F.S 316.211.
Lane splitting is illegal in Florida. Per F.S. 316.209(2), motorcyclists are not allowed to "overtake and pass in the same lane occupied by the vehicle being overtaken." Motorcycle riders must maintain a safe distance between themselves and the vehicle in front.
To lawfully drive a motorcycle in Florida, you must follow the necessary equipment required, or else you risk being ticketed, fined, or having your license revoked.
When driving a motorbike in Florida, you must always use an eye-protective device that has been approved by the Department of Transportation (DOT). This is stated in F.S. 316.405. This allows bikers to see clearly and comfortably at speeds while also preventing insects and dust from entering their eyes or impairing their line of sight.
A windshield isn't enough to see with clarity while riding a motorcycle. It's difficult to open your eyes and see properly, much less look through them, at high speeds without goggles. Look for the following characteristics when purchasing eyewear:
A helmet is the most important protective headgear device. In the event of motorcycle collisions, helmets have been proven to save lives and prevent brain injuries. Motorcyclists who do not wear helmets are forty percent more likely to die from a fatal head injury and fifteen percent more likely to suffer a non-fatal head injury, according to the National Highway Traffic Safety Administration.
When riding a motorcycle, you must use durable, heavy-duty gloves. It is required under Florida law, but wearing gloves makes riding safe and pleasant. Using motorcycle gloves allows the motorcyclist to have a firmer grip, and they provide wind protection to the rider. Choose long, gauntlet-style gloves to avoid airflow up your sleeves.
Gloves are available in a variety of materials and designs, and some are made to be used in various weather conditions, such as cold temperatures and rain. Because the climate in Florida is generally warm throughout the year, many trustworthy manufacturers include air intake vents on the finger regions of the gloves and built-in venting systems.
On both the right and left-hand sides, motorcycles should have rear-view mirrors, headlights, taillights, and turn signals. These accessories assist motorcyclists in seeing other vehicles on the road and make them more visible to other vehicle drivers.
Motorcycles must have state-issued license plates displayed on the motorcycle's exterior rear. Riders under the age of 21 must have a color-coded license plate with a different design from the standard ones to make known to the Florida law enforcement the biker's age.
If you want to carry a passenger, your motorcycle should be equipped to do so. To legally carry motorcycle passengers in Florida, you need to equip your motorcycle with a backseat area and footrest for passengers.
If you've been hurt in a motorcycle accident or wondering how Florida motorcycle laws may affect your rights, contact our skilled Miami motorcycle accident lawyer for legal help.
We understand that if you're hurt in a motorcycle accident, you need assistance right away. For a free consultation, contact us now at 786-788-7344 or visit our website to know more about us. You can also fill out our contact form, and we will get back to you ASAP. We're here to serve you 27 hours a day, 7 times a week.