What to Know About Florida Seat Belt Laws

Published on September 3, 2010 in Car Accidents. 0 Comments

When it comes to buckling up, it seems Floridians have been a bit behind the curve compared to the rest of the U.S. According to floridadrivers.com, only 59% of Florida drivers wore their seatbelts when the state was under a secondary seatbelt law. On average, 63% of drivers in other states with secondary seat belt laws buckle up. 

Things may have improved a bit since June 2009, when Florida enforced its new primary seat belt law, but as a state we still have a long way to go to reach optimum seat belt safety. 

Types of Florida Seat Belt Laws 

Florida’s seat belt laws have changed over the years. Until June 30th, 2009, Florida listed seat belt violations as a secondary violation, which means that police officers could not pull someone over for not wearing a seat belt. A citation for failure to wear a seat belt could only be given if the police officer pulled someone over for another traffic violation.  

That changed on June 30th when Florida enacted their new primary seat belt laws, which now allow police officers to pull a car over and issue a citation if the driver or passenger in a vehicle is not wearing a seat belt. 

Florida Seat Belt Law and Age 

Age is an important factor to consider with Florida seat belt laws. Penalties are contingent upon the age of unbuckled passengers, with fines starting at $30. 

Here is a breakdown of the penalties for violating Florida seat belt laws: 

  • 6 to 15 years old: If you or any passenger is in the car and is unbuckled, you can receive a ticket. It does not matter where the passenger is sitting in the car, you can still be ticketed. In this case, you as the driver are fined for any passengers 15 years and younger.
  • 16 years old and up: These passengers also must be buckled. If not, the passenger may be fined instead of you.  

Florida Seat Belt Law and Child Restraints 

Florida seat belt law has even stricter sanctions against those who do not properly restrain young children in child safety seats, with fines starting at $60, and points assessed.   

There are different parameters for this age range, including: 

  • Children 3 years and younger: These passengers must be put in a child restraint system. This can be in the form of a carrier (for infants) or a child safety seat.
  • Children 4 to 5 years: This is where Florida seat belt law gets a bit murky. Children in this age range do need to be restrained, but a booster seat is not required. Children can be restrained in an adult seat belt, although this is often too big for them. All children should be properly restrained based on their weight and height.  

It is interesting to note that Florida is one of only 3 states in the entire country that does not require a booster seat children aged 4-5 years. 

In addition to safety concerns, Florida’s seat belt laws may have some influence on your personal injury claim if seat belts not used during your car accident. An argument could be made that your injuries were worsened by the fact that you were not wearing a seat belt at the time of your crash. To learn more about how Florida’s seat belt laws may affect your specific injury claim, it is best to consult with an experienced Palm Beach personal injury lawyer. 

When to contact a Palm Beach Personal Injury Lawyer 

24/7 Injury Law, a law firm based in West Palm Beach, Florida, takes time when speaking with you about your case and works with you on a contingent fee basis so there are NO FEES unless one of our trained personal injury lawyers wins your case. Call now to schedule a FREE evaluation of your case – 1-888-984-4878.

Whiplash as the Result of Serious Car Accident

Published on August 27, 2010 in Car Accidents. 0 Comments

Whiplash, also known as neck strain or sprain, is the most common injury reported from victims of a car accident in Florida. Rear-end collisions are most likely type of car accident to result in whiplash injury due to the motion of the vehicles at the time of impact. 

When you have been involved in a car accident in Florida and suffered a whiplash injury due to the negligence of another driver, you may be eligible to file a Florida personal injury claim. An experienced Palm Beach personal injury lawyer can help evaluate your case and determine the best course of action for you to recover damages from your injuries. 

What is a whiplash injury? 

When there is a sudden extension followed by a flexion of the soft tissues of the neck muscles you may sustain a whiplash injury. This motion is the back-and-forth jerking motion common when you are in a rear-end collision or other type of car accident. Whiplash injuries can also damage the intervertebral joints, cervical muscles, discs, nerve roots, and ligaments. 

After a car accident in Florida you should be examined by a medical professional if you are experiencing the signs of whiplash injury such as: 

  • shoulder or back pain;
  • neck stiffness;
  • headaches or dizziness;
  • difficulty swallowing;
  • hoarseness or throat pain; and
  • abnormal burning or tingling along neck, jaw, shoulders and upper back. 

Please keep in mind that whiplash symptoms may not appear for days following an accident. 

Diagnosis and Treatment of Whiplash Injury 

If you have been in a car accident in Florida you should seek medical attention immediately to evaluate your injuries. X-rays will show the doctor if there are any spinal cord injuries and in serious cases a CT scan may be necessary. The X-rays also serve as a point of reference if delayed symptoms occur after your initial exam. 

After your diagnosis and begin treatment, you should contact your Palm Beach personal injury lawyer to discuss the possibility of filing a Florida personal injury claim.  

The most common treatment for whiplash is the use of a soft cervical collar or neck brace for 2-3 weeks to help stabilize the neck muscles and allow for healing to occur. Other common whiplash treatments include: 

  • Pain medications and anti-inflammatory drugs;
  • Stretching/range of motion therapy;
  • Heat therapy to relieve pain and tension; and
  • Muscle relaxants. 

Contacting a Palm Beach Personal Injury Lawyer 

After sustaining whiplash injury in a car accident in Florida you should be able to focus on recovery from your injuries instead of filing paperwork. Let the experience of a Palm Beach personal injury lawyer help you file your Florida personal injury claim while you heal from your injuries.  

A Palm Beach personal injury lawyer from 24/7 Injury Law can offer guidance and legal representation for accident victims across South Florida. For a free consultation concerning your potential personal injury claim, contact us today – 888-984-4878

Common Types of Car Accidents

Published on August 19, 2010 in Car Accidents. 0 Comments

No matter what the circumstances, a car accident can result in serious injury or death, leaving you and your family in need of compensation for your damages. If you have suffered in any of these common types of car accidents listed below, or any vehicle accident, you should contact a Palm Beach car accident lawyer to discuss your options. 

Common Types of Car Accidents 

There are many ways you can be involved in a car accident, and many factors that can lead to an accident. Not all are driver-related, and some types of accidents are considered more serious than others. No two accidents are alike, and if you have been in a car accident in South Florida, you should speak to a Palm Beach car accident lawyer to discuss your options. 

The most common types of car accidents include: 

  • Rear-end collision;
  • Head-on collision;
  • Side impact (also known as being t-boned);
  • Rollover; and
  • Side-swipe. 

All of these common types of car accidents can cause serious or fatal injury depending on the vehicles, speeds, and passenger restraint conditions. 

Driver Distraction: The Most Common Type of Car Accident 

Distracted drivers cause the majority of the most common types of car accidents. Even taking your eyes off the road for a split-second can mean catastrophic results. One of the most common instances of driver distraction is when a driver is occupied trying to look at another accident. Instances of multiple accidents along a stretch of highway are common, because one accident can easily lead to another as a result of “rubbernecking.” 

Distraction that can cause the most common types of car accidents comes in many other forms. Cell phone use while driving, even with a hands-free device, is one of the leading causes of distraction. Eating and drinking are also lead causes of the common types of car accidents, and even personal grooming tops the lists of distractions. 

Driver Impairment Is One of the Top Causes of Car Accidents 

An impaired driver is a hazard not only to themselves but all other drivers and pedestrians on the road. Impairment is normally considered to be driving under the influence of alcohol, but it can also be drugs (prescription or illegal), stimulants, fatigue, or mental instability. 

Impairment from alcohol or controlled substances is almost always illegal and in many cases can lead to criminal charges in the event of a serious accident. Fatigue in commercial truck drivers is often a cause of the most common types of car accidents, because the drivers often ignore regulations dictating how many hours they can drive in one day. Being in a state of heightened emotions can also impair your driving ability and lead to an auto accident. 

Consulting with a Palm Beach Car Accident Lawyer 

Even the most experienced drivers cannot always avoid the common types of car accidents when other drivers are negligent. If you have been in a South Florida car accident, a Palm Beach car accident lawyer from 24/7 Injury Law can offer guidance and legal representation for your claim. For a free consultation concerning your South Florida car accident claim, contact us today – 888-984-4878

When You Are Partially at Fault for a South Florida Car Accident

Published on August 9, 2010 in Car Accidents. 0 Comments

Florida law allows for South Florida car accident victims to be partially at fault for their accident under the pure comparative negligence law. This law states that if you are found to be partially at fault for your accident, you may still recover damages, but that amount will be reduced according to your degree of fault. A Palm Beach car accident lawyer can help you prove your degree of fault was as low as possible so you retain the majority of your settlement. 

Proving Your Degree of Fault 

The degree of fault is a percentage that is determined by examining the facts and supporting evidence in your South Florida car accident claim.  Because Florida is a pure comparative fault state you can be found up to 90% at fault and still recover 10% of the damages. 

To prove your degree of fault, your Palm Beach car accident lawyer will help you obtain and present evidence that shows the other driver was more negligent in causing the accident than you were. The lower the degree of fault, the more of the final damages you will be able to claim when your case settles. 

Joint and Several Liability in your South Florida Car Accident Claim 

Florida also has joint liability rules to place legal responsibility for paying damages on each person involved in your South Florida car accident claim. The degree of fault again plays a part in this system, as there are various thresholds for capping the amount of damages a party can be responsible for. Depending on the other parties’ degree of fault, their liability is as follows: 

  • A person found to be 50% or more at fault is responsible for up to $1,000,000 of your economic damages.
  • A person found to be more than 25% but less than 50% at fault is responsible for up to $500,000 of your economic damages.
  • A person found to be more than 10% but less than 25% at fault is responsible for up to $200,000 of your economic damages.
  • A person found to be 10% or less at fault is not responsible for your economic damages.  

Economic damages include tangible amounts such as medical expenses and lost wages. Again, proving you had the lowest degree of fault in your South Florida car accident is crucial to retain the most of your settlement. A Palm Beach car accident lawyer can help you build your case to present the best evidence for the other drivers’ negligence. 

Hiring a Palm Beach Car Accident Lawyer 

Even if you were partially at fault for your South Florida car accident, a Palm Beach car accident lawyer from 24/7 Injury Law can offer guidance and advice for protecting your settlement. For a free consultation concerning your South Florida car accident claim, contact us today – 888-984-4878

Elements of a Florida Negligence Case

Published on August 5, 2010 in Car Accidents. 0 Comments

The basis of almost every personal injury case is establishing negligence of the other party or parties involved. Your injuries were caused by the negligence of another, and whether it was their inaction to help, lack of attention to a hazard, or any other form of negligence, your personal injury claim must prove that the negligence of that person or persons caused your injury. 

A Palm Beach personal injury attorney will know how to best help you develop your evidence and build your personal injury claim. Through you injury claim you may be able to recover compensation for your medical bills, lost wages, and other accident-related expenses. 

Proving Negligence with Duty of Care  

The main element of a Florida negligence case is the duty the defendant owed to you, the plaintiff. When proving negligence in your personal injury claim you must be able to show that there was a relationship established between you and the defendant that resulted in the defendant owing you a duty of care. 

You must show that you were related to the defendant in such a manner that they were responsible for your safety, such as a store owner owing a duty of care to his customers to keep the parking lot safe of hazards. Other relationships include a guest and party host, a patient and doctor, and a client and a service professional. The latter party in all of these relationships owes a reasonable duty of care to the former party through the services they provide. 

Even driving on a road establishes a relationship between you and the other drivers. Each of you owes a duty to the others to drive safely and follow local traffic laws.  

Proving Negligence with Cause in Fact and Proximate Cause 

Cause in fact is where your Palm Beach personal injury attorney helps you show evidence that your injuries would not have occurred were it not due to the defendant’s actions. The fact you are presenting to the jury is that the actions (or inaction in some cases) of the defendant caused your injuries. 

Proximate cause is when a plaintiff attempts to relate other related incidents to the main incident that caused their injuries. For example, a child is injured by a worker unloading cement bags and damages his bicycle in the process. The child’s injuries are directly caused by the negligence of the worker, as were the bike damages. But if the child is later injured while his father drives him to get his bike repaired, that cannot be found to be proximate cause from the worker’s negligence, as the worker could not have predicted the future incident. 

Proving negligence with proximate cause is more difficult, as the secondary injury is normally far removed from the original incident. Your Palm Beach personal injury attorney will be able to best advise you on whether or not any related accidents or injuries can be considered proximate cause. 

Obtaining the Help of a Palm Beach Personal Injury Attorney 

Proving negligence in your personal injury claim can be a difficult process and you deserve to have trusted legal guidance on your side. A Palm Beach personal injury attorney from 24/7 Injury Law can offer guidance and legal representation for residents across South Florida. For a free consultation concerning your personal injury case, contact us today – 888-984-4878

Stages of a Personal Injury Case

Published on July 14, 2010 in General Personal Injury. 0 Comments

Your Florida personal injury case is unique and the best advice comes from a trusted Palm Beach personal injury attorney. When consulting with your attorney, they should explain these basic stages of your case, from the initial consultation you are experiencing with them all the way through settlement. 

Establishing Your Case

Following your accident, you will need to file a Florida personal injury claim. Doing so usually involves a Palm Beach personal injury attorney who will review the details of your case to determine your legal options. Some cases can be settled without court involvement, either with the insurance companies or by the use of an arbitrator. However, severe injury or wrongful death cases normally end up going to trial as their damages are much higher.

Your Palm Beach personal injury attorney will help you file the complaint or petition which establishes your case with the Florida court. The complaint outlines the basis of the case, identifies the parties involved, and sets forth the request for damages. The summons is the next document to go out, which notify the defendant that they have been sued.

Preparing for Trial

Fact-finding and discovery is the next stage in your Florida personal injury case. This stage is where the evidence proving your case is collected, reviewed and developed. Depositions may go out to summon witnesses for testimony and you may be asked to give a deposition related to your injury claim.

Your Florida personal injury case may settle before the case has a chance to get to trial. This can occur if you, your attorney and the plaintiff can reach an agreeable settlement amount or if the court ends the case through a motion or summary judgment.

If the initial complaint if legally deficient in some way, a motion to dismiss can be filed before discovery even takes place. In some cases a summary judgment occurs when the facts of the case are not in dispute, thus ending the case before trial. 

Trial and Settlement

If your Florida personal injury case makes it to the trial stage, you will be represented by your Palm Beach personal injury attorney in court. The trial consists of opening statements, witness testimony, closing arguments, jury deliberation and the verdict. 

Once a verdict is passed, if it is in your favor you will be awarded damages in the case settlement. The jury generally determines the settlement amount based on the suggestions you submit with your Palm Beach personal injury attorney. The settlement phase can also occur prior to trial if the defendant decides to settle out of court.

Hiring a Palm Beach Personal Injury Attorney

For the least hassle and best outcome for your Florida personal injury claim, a Palm Beach personal injury attorney from 24/7 Injury Law can offer guidance and legal representation. For a free consultation, contact us today – 888-984-4878

Florida Motorcycle Helmet Laws

Published on July 7, 2010 in Pedestrian/Bicycle Accidents. 0 Comments

Many states across the U.S. have adopted helmet laws for motorcyclists to help decrease serious injury and fatalities when a motorcycle accident occurs. Florida motorcycle laws have undergone some changes in the last 10 years and have since been strengthened after statistics showed a dramatic increase in serious injury following a removal of the laws.

Florida Motorcycle Helmet Laws

As of July 2010 the current Florida motorcycle laws require that riders under 21 years of age must wear a helmet. Riders ages 21 years or older have the option to not wear a helmet only if they are covered by a medical insurance policy with $10,000 minimum coverage for injury resulting in a motorcycle accident.

A police officer may pull a motorcyclist over if they suspect the operator or passenger not wearing a helmet is under 21 years old. They should not initiate a traffic stop to check for insurance coverage. If you are in violation of the helmet law you will receive a citation.

Unfortunately, when this law was made effective on July 1, 2000 helmet use of riders over 21 dropped drastically. Within 6 months, non-fatal serious injuries resulting from a motorcycle accident began climbing, which resulted in a 32% overall increase by July 2001. Fatalities from motorcycle accidents increased by 81% when data from 2001-2003 was compared to 1997-1999 data when helmets were required for all ages.

Providing Proof of Insurance Coverage 

Florida motorcycle laws require a minimum of $10,000 in medical insurance coverage which may come either from your health insurance company or your motorcycle insurance company. To determine your coverage, it is best to speak to your insurance agent to confirm your policy meets the minimum requirement.

Some health insurance companies offer specific coverage for injuries sustained from a motorcycle accident or any other similar vehicle such as an ATV, Jet Ski or moped. Many vehicle insurance companies also offer specific motorcycle insurance designed to comply with each state’s specific laws. While personal injury protection (PIP) insurance is not adequate coverage, many policies have additional specific coverage for motorcycles.

Since most of us do not carry our full policy on hand, it may be difficult to prove on site that you have the proper insurance coverage. Most officers will accept your insurance card for either motorcycle insurance or health insurance as proof of compliance with Florida motorcycle laws.

Even though you may comply with the Florida motorcycle laws in regards to coverage and age, neglecting to wear a helmet when involved in a motorcycle accident can increase the risk of serious injury or death. It is in your own best interest to take every safety precaution you can to avoid serious injury, as your insurance coverage may not cover all your expenses. 

If you or a loved one has suffered serious injury as a result of a motorcycle accident you may need more than just your insurance coverage to help pay for your damages. A South Florida motorcycle accident lawyer from 24/7 Injury Law can offer guidance for your injury claim. For a free consultation, contact us today – 888-984-4878

What is My Florida Personal Injury Case Worth?

Published on July 1, 2010 in General Personal Injury. 0 Comments

Each Florida personal injury case is unique and therefore impossible to put a value on until the details are reviewed by a judge or jury and a settlement is offered. There is no mathematical formula to determine the value of a Florida personal injury case.  

Any Palm Beach personal injury attorney who says they can guarantee you a specific settlement amount should be avoided. Not even a trial judge can guarantee what a guilty verdict is worth in a Florida personal injury case, and lawyers who attempt to do this are just using it as a marketing tactic. 

Estimating the Value of Your Florida Personal Injury Case 

While you cannot pinpoint a value for your Florida personal injury case, you can discuss various areas of compensation with your Palm Beach personal injury attorney. An experienced attorney will have taken many similar cases to trial and can reasonably estimate a comparison in terms of compensation for your Florida personal injury case.  

Some of the areas of compensation your Palm Beach personal injury attorney can help you determine include: 

  • Your past, current and future estimated medical expenses;
  • Time lost from work;
  • Damaged property;
  • Personal home aids (home nurse, cleaning service, etc.);
  • Permanent disfigurement or disability;
  • Emotional distress experienced by you and your family; and
  • Other costs related to your injury and future life changes. 

Proving Your Florida Personal Injury Case Damages 

Some of the damages listed above such as present medical bills and lost wages can be fairly accurately determined through bills and pay stubs. However, many of the damages often claimed in a Florida personal injury case are more intangible, such as emotional distress or the cost of long-term disability. For these less concrete damages, a greater deal of evidence will be necessary to prove financial need. 

Your Palm Beach personal injury attorney will work with you in collecting the proper evidence to prove your medical needs and give a proper estimate for your lost work time or need for permanent disability support. A trustworthy attorney will have expert witnesses such as doctors available to consult for testimony on your Florida personal injury claim. 

The more evidence you have to prove the severity of your Florida personal injury case, the better chance you have of obtaining a larger settlement. With the help of a Palm Beach personal injury attorney, you can have better access to important documents and expert witnesses to serve as evidence in your case. 

Hiring a Palm Beach Personal Injury Attorney 

For experienced assistance in filing and presenting a Florida personal injury case, a Palm Beach personal injury attorney from 24/7 Injury Law is ready to help. For a free consultation concerning your Florida personal injury case, contact us today – 1-888-984-4878.

Comparative vs. Contributory Negligence

Published on June 16, 2010 in Car Accidents. 0 Comments

There are two types of negligence that can be applied to a personal injury claim: comparative and contributory. Depending on which state you live in, your claim may follow a pure or modified version of one of these systems. If you are filing a Florida personal injury claim, you should know that the state of Florida follows a pure comparative negligence system. 

A Palm Beach injury lawyer can help you determine which negligence system your claim follows and how this can affect your settlement and case validity. As long as the suit is filed in Florida, you will be following the pure comparative negligence system no matter where the defendant is from. 

Proving the Degree of Fault 

Comparative negligence in a Florida personal injury claim relies on proving a degree of fault for all parties involved. After reviewing the claim evidence, a judge or jury will be the one to assign this value, which is expressed in a percentage.  

For example, let’s say that you were hit while riding your bicycle at night by a car that ran a red light. Witness statements agree the car ran the light, but also you were wearing dark clothing without proper safety reflectors. The judge may find that you were 10% at fault for your own injuries, but the driver was 90% at fault for running the red light. 

Impact on Settlement Amount 

In a pure comparative negligence state like Florida, you may be found up to 99% responsible for your injuries and still be able to recover damages. The degree of fault determines the amount your settlement is reduced by. In the bicycle example above, if your settlement was $100,000 and you were found to be 10% at fault, you would be awarded 90% or $90,000. If you were found 99% responsible, you would be awarded $1,000. 

The Difference between Comparative and Contributory Negligence 

Contributory negligence is where the injured party must be found completely innocent in contributing to their own injuries. If the victim is found to be even 1% at fault, the victim would be unable to recover damages. Only 5 states including Washington D.C. still follow this rule. 

Comparative negligence allows for both parties to be partially to blame for the damages. If the state follows pure comparative, like Florida personal injury claims do, there is no threshold as to how high the degree of fault can be before a claim is denied. Most states follow a modified comparative rule, where an injured party can be found up to 49% or 50% at fault before their claim is invalid. 

How a Palm Beach Injury Lawyer Can Help 

An experienced Palm Beach injury lawyer can help you prepare your Florida personal injury claim to help prove your degree of fault is lower than the other party. A Palm Beach injury lawyer from 24/7 Injury Law can also help collect vital evidence and prepare your case for trial. For a free consultation concerning your Florida personal injury claim, contact us today – 888-984-4878.

Florida Negligence Laws

Published on June 10, 2010 in General Personal Injury. 0 Comments

When it comes to awarding damages for an accident, negligence plays a big part in determining the amount. Determining who is at fault is often the key to deciding who pays damages. If you have been injured in a South Florida car accident, you should contact a Palm Beach accident lawyer who can help you file a Florida personal injury claim.

If there is more than one person found at fault, then damages from a Florida personal injury claim are divided. The division of damages will be based on several factors, including the laws for that particular state.

The United States recognizes 4 ways of awarding damages due to negligence:

  • Pure contributory negligence;
  • Pure comparative negligence;
  • Modified comparative negligence (50% rule); and
  • Modified comparative negligence (51% rule).

Pure Contributory Negligence

In the case of pure contributory negligence, if an accident victim is found negligent in any way, then no damages can be received. Even if a victim was only slightly negligent, they would be unable to receive damages. There are only 5 states that still follow pure contributory negligence.

Pure Comparative Negligence

With pure comparative negligence, no matter how much at fault an accident victim may be, they are still eligible to receive damages. Even if the victim was mostly at fault, they can recover damages. There are 13 states, including Florida, that follow pure comparative negligence.

Modified Comparative Negligence – 50% rule

In a modified comparative negligence 50% rule system, the victim of an accident will only be able to recover damages if their fault in the accident is 49% or less. If the victim’s fault was 50%, they would be unable to recover damages. Currently there are 12 states that follow the 50% rule.

Modified Comparative Negligence – 51% rule

In a 51% rule system, the victim of an accident can only receive damages if their fault in the accident was 50% or less. So a victim can be half at fault for an accident but still receive damages. The majority of states follow this system, 21 states in all.

What Type of Negligence System Does Florida Follow?

The state of Florida follows a pure comparative negligence system. If an injured party was 99% at fault for an accident, they can recover damages. However, the amount of damages will be reduced depending on the percentage of fault an injured party is assigned.

Each responsible party is assigned a percentage of fault in the accident. Damages in a Florida personal injury claim are then awarded dependent on this. So if a victim was 99% at fault for an accident, then the damages that would have been awarded at 100% are reduced by 99%.

24/7 Injury Law, a law firm based in West Palm Beach, Florida, takes time when speaking with you about your Florida personal injury claim and works with you on a contingent fee basis so there are NO FEES unless a trained Palm Beach car accident lawyer wins your case. Call now to schedule a FREE evaluation of your case – 1-888-984-4878.