Florida Injury Attorney Blog

Over the weekend, there were two separate car accidents that resulted in two deaths near Lake City, Florida (which is about an hour west of Jacksonville, Florida), according to an article on News4Jax.com. Apparently, both accidents involved vehicles drifting out of their lanes and ultimately leaving the roadway either partially or completely. In each accident, the driver who drifted from his lane was killed in the accident.

A common assumption regarding auto accidents in Florida is that it is more dangerous to drive in the cities, or urban areas, than out in the country, or rural areas. However, studies have shown that more fatal accidents occur on the quieter, less populated rural roads than the busier urban roads. A study released by the National Highway Traffic Safety Administration (NHTSA) indicated that 42% more serious, fatal accidents occur in rural areas than on roads in urban areas and the suburbs, even though people drive many more miles on the urban roads. Some of the reasons for the increase in fatal accidents on rural roads are: drivers tend to be less aware and have a greater tendency to lose focus on rural roads, rural roads are often narrower and windier with no shoulders, leaving a roadway with no shoulder at high speeds is very dangerous and drivers often over-correct exacerbating the danger and it takes longer for police and emergency medical personnel to respond to rural accidents making it difficult to get emergency treatment to accident victims.

A car caught fire, drove off of the road and crashed this week after it was hit from behind by an SUV on I-95 near State Road 207 and State Road 16 in St. Johns County, Florida, according to an article on News4Jax.com. The article indicated that the SUV crashed into the rear bumper of the car causing it to drive off of the the road and into the trees adjacent to I-95. That vehicle caught on fire, and the driver was killed.

The police investigation is ongoing, but traffic homicide detectives will likely be evaluating all of the evidence at the scene to determine why the SUV driver crashed into the back of the car. Additionally, wrongful death lawyers for the family of the deceased driver can investigate all available evidence regarding the crash from the pictures of the vehicles after the crash, skid marks at the scene, vehicle damage placement and eyewitness testimony to help reconstruct this accident. Based on the limited information available in the article, this appears to be a case involving negligence as a result of inattention and the likelihood of excessive speed and the most tragic example of what ca happen when people drive negligently on the roads.

It seems like the roads in Jacksonville, Florida are getting more and more dangerous and serious accidents are occurring daily. One question that personal injury and wrongful death lawyers often get after an accident is about insurance. What role does insurance play after an accident and how do you find out if the other driver who caused the accident has insurance?

Let's take a typical Jacksonville, Florida car accident as an example. An important initial question is whether the other driver has liability insurance. That is the insurance policy that a driver has to compensate someone if that driver causes a car accident and injures another person. In other words, if you were injured by someone in an accident, that other person's liability insurance is designed for that driver to compensate you for the injuries he/she caused you. The first place to look to see if that other driver has insurance is the accident report prepared by the Jacksonville Sheriff's Office officer or other responding law enforcement officer. On that accident report, the officer is supposed to document the insurance company and policy number for all drivers involved in the accident.

In Florida, there may be an additional source for insurance coverage after a car or truck accident. In Florida, the owner of a vehicle is responsible for injuries caused by the driver of his/her vehicle. So, if Owner lets Driver borrow Owner's car and Driver runs a red light and crashes into your vehicle injuring you, Owner's insurance policy should cover your damages in addition to Driver's insurance policy.

A third source of insurance coverage in Florida, Georgia and most other states may be the other driver's employer. If that other driver who caused the accident that injured you was working at the time, Florida law says that his/her employer may be responsible for compensating you for your injuries. In that case, you would look to the employer's insurance policy for additional insurance coverage.

Sometimes after an injury accident this insurance information is not readily available. It is not always on the accident report. Additional or excess insurance policies may require more investigation to discover. As a result, if you have been injured in an accident with another car or semi truck or some other way, it is a good idea to contact a personal injury/wrongful death law firm whose attorneys understand the various issues involved in determining all of the available insurance policies so you can be fully compensated for your injuries.

A woman was driving on I-95 in Yulee, Nassau County, Florida when a motorcycle apparently sped up behind her and caused her to swerve, lose control of her vehicle and crash, according to an article on News4jax.com. The driver, who was from Jacksonville, Florida, was killed in the crash while her passenger suffered minor injuries.

There is no indication that the motorcycle made contact with the Jacksonville woman's vehicle who crashed and was killed. Does the Jacksonville woman's family still have a claim for wrongful death against the driver of the motorcycle? In other words, does their have to be an impact between vehicles for there to be a valid personal injury or wrongful death claim? The answer is clearly that the woman's family would have a claim for wrongful death despite the fact that the motorcycle did not crash into the woman's vehicle. A driver can be negligent and cause a crash without impacting another vehicle. For instance, when a driver speeds behind traffic and forces another vehicle to swerve to avoid a potential accident, that is careless and dangerous driving that can cause serious accidents. This type of non-impact accident also often occurs when a driver switches lanes without looking and forces another vehicle to swerve, lose control and drive off of the road. In such cases, even though there is no impact between vehicles, the car that is speeding or switching lanes without looking causes the resulting accident, and that driver should be held accountable for the injuries and damages that result.

As prevalent as auto accidents are on the roads in Jacksonville, Florida, many people who have been injured in an accident do not fully understand the process that immediately follows such a serious accident. One question injury victims often have is how to deal with insurance companies after an accident that results in injuries or a death to a loved one.

One thing is certain: after you have been injured in an accident, both the insurance company for the other driver who caused the accident and your insurance company are ready to start the process of saving as much money for themselves as possible. As a result, it is important that you know what to do to make sure you are fully compensated for your injuries, medical expenses and time lost at work. After an accident, you are required under your insurance policy to notify your insurance company of the accident. This should be done as soon as possible. A representative from the other driver's insurance company and one from your insurance company may try and contact you and ask you detailed questions about how the accident occurred and your injuries. Usually, the days and weeks after a serious accident are not a good time to respond to such questions. You do not have to speak to the representative for the other driver's insurance company. You do have a duty to cooperate with your own insurance company and give a statement. However, you have a right to give that statement on your own terms with your personal injury lawyer present. Therefore, the best practice is to notify your personal injury lawyer before speaking with anyone who contacts you about your accident or your injuries.

After your injury accident, it is important that you receive the necessary medical treatment. Medical records documenting your injuries and treatment are important to establish your claim for damages. Your Personal Injury Protection (PIP) insurance offers immediate medical coverage for the treatment you need after the accident. You, or your personal injury attorney, can contact your insurance company to obtain your PIP benefits and make sure your initial medical bills are covered.

As you go to the hospital and/or your follow up doctor, you will want to make sure the appropriate evidence is being gathered to establish your claim for personal injury damages with the other driver's insurance company and your insurance company. A personal injury attorney can help you with this process by collecting the appropriate documentation and information so you can concentrate on the recovery process. Once the appropriate information is obtained, that information is organized in a demand package to be sent to the insurance company(ies) so the negotiation to obtain the compensation you deserve can begin.

If you have any questions about how to deal with an insurance company after an accident of any kind in Florida or Georgia, feel free to contact us any time.

At Shorstein & Lasnetski, we often get questions from clients who have been injured in auto accidents in the Jacksonville area about insurance policies and coverage. After an accident involving injuries or a death, the types and amount of insurance play a large part of any subsequent personal injury or wrongful death claim or lawsuit.

Liability, or bodily injury, insurance coverage refers to insurance that covers you if you cause an auto accident that results in injuries or death to someone else. For instance, if you are driving on Beach Boulevard in Jacksonville, Florida, run a red light and hit a vehicle in the intersection, chances are you will be cited by the Jacksonville Sheriff's Office officer for the accident and considered partially or completely at fault for the accident. If the driver (and/or passenger(s)) in the other vehicle is injured, he/she may make a claim for damages with your insurance company based on your bodily injury/liability insurance policy. This insurance coverage protects you against that claim by providing money for the other party's damages so you do not necessarily have to pay anything out of pocket.

Uninsured motorist insurance coverage is different. If you are driving on Blanding Boulevard and another vehicle abruptly swerves into your lane knocking you off of the road and into a tree, that other driver caused the accident. When making your claim for damages, you will want to find out what bodily injury liability that other driver (or the owner of that vehicle) has. What if that driver is uninsured? If you have uninsured motorist coverage on your insurance policy, your own insurance company will compensate you for the damages from that accident. With uninsured motorist coverage, your own insurance company stands in the shoes of the other at fault driver who is uninsured and should pay your claim.

In this second injury accident example, what if that at fault driver had some bodily injury insurance coverage but not enough to cover your damages? For instance, what if your damages amount to $100,000 but the other driver only has $25,000 in liability insurance coverage? In this case, that other driver is considered an underinsured driver, and your uninsured/underinsured motorist coverage will pay you the difference, i.e. $75,000, assuming you have at least $75,000 in uninsured/underinsured motorist coverage.

After you have been involved in a serious accident or a loved one has been killed in an accident, there are many legal, medical and financial issues that arise immediately. One of those issues deals with insurance coverage and can be quite complicated. If you have any questions about an accident or related insurance coverage issues, contact a law firm whose lawyers have experience with the insurance laws and dealing with insurance companies so you can be sure that you are making a proper claim for all of the funds that are available.

The Federal Highway Administration recently published figures indicating that the number of deaths from semi truck accidents in the United States fell by 5.8% for 2007. The article from Truckinginfo.com notes that since the new hours of service rules went into effect in 2005, deaths from semi truck accidents have fallen by 10% and are at the lowest levels since truck accident fatality records were initially kept in the mid-1970's. Hours of service regulations limit the number of hours a tractor trailer driver can drive and/or be on duty before he/she has to take a break. These regulations are designed to prevent semi truck drivers from driving while fatigued and causing serious accidents.

In Florida, where the roads are heavily populated by semi trucks, the number of deaths from semi truck accidents declined by 4.3%. Jacksonville, Florida, in particular, has an inordinate number of semi trucks on the highways and roads because of the intersection between I-95 and I-10, which span the entire country. While there is no reason to believe the number of deaths in Jacksonville, Florida has not also followed this positive trend, no specific statistics related to deaths from truck accidents were available for 2007.

The law firm of Shorstein & Lasnetski, LLC often gets questions from individuals in Jacksonville and other places in Florida who have been injured in serious car or truck accidents and are uncertain as to whether they should, or are required to, give statements about the accident. We understand that the weeks following a serious injury accident are not a good time to give detailed statements to insurance adjusters or investigators hired by insurance companies and advise our clients accordingly. The weeks and months after a serious auto accident should be dedicated to healing, recovering and relying upon your personal injury or wrongful death lawyer to handle the many issues related to your claim for damages from the accident.

After a serious injury accident or one that results in the death of a loved one, there are a few situations when someone may attempt to obtain a statement from you. First, at the scene of the accident, the police officer who responds to the accident will likely ask you about the accident. In Florida, drivers who have been involved in an accident are protected by the accident report privilege which means any statement you give the police officer about the accident cannot be used against you in your personal injury lawsuit. As a result, when another person negligently causes an accident and injures you, it is a good idea to tell the responding police officer about what the other driver did and how that other driver caused the accident. It is also important to make sure the responding police officer knows about your injuries from the accident. Next, in a serious accident, an ambulance will likely show up to asses your injuries and take you to a hospital if necessary. The EMT will also likely ask you about the accident as well as your injuries. What you tell the EMT will likely be documented on the fire and rescue report and may be used in a personal injury lawsuit. The EMT's job is really to assess your injuries and get you to a hospital. As a result, in your post-accident condition, it is probably best to discuss your pain and injuries and leave out any details about the accident. The same considerations apply when you arrive at the emergency room, talk to the nurses, hospital staff and the doctors.

Shortly after an accident that results in injuries or a death to a loved one, an insurance adjuster or someone on behalf of the insurance company will contact you and ask you questions about the accident and your injuries. These people are trained to ask you specific questions in a certain way with the idea that the insurance companies are trying to pay as little money as possible on their insurance policies when the claim for personal injuries or wrongful death is made. At this point, it is important to consult a personal injury or wrongful death lawyer to make sure your rights are protected and you do not do anything to compromise your claim. For instance, you do not have to speak, or give a statement to, the other driver's insurance company. However, you do have to notify your own insurance company and give a statement to them pursuant to your uninsured motorist coverage. However, you should consult your personal injury or wrongful death attorney before giving a statement to anyone after the initial questioning from the police officer at the scene of the accident.

A man who was working near the road trimming trees was hit by a car in the Ortega area of Jacksonville, Florida, according to an article on Firstcoastnews.com. The man was taken to the hospital with serious injuries from the crash. According to the article, the driver was looking at her cell phone when she hit the wood chipper and then the worker.

It is more and more common to drive around Jacksonville, Florida and see people driving while talking on their cell phones or playing with their mobile communication devices. The use of cell phones and text messaging devices while driving is a very serious issue that commonly results in serious injury and fatal accidents. As a result, some states have made it illegal to drive while talking on a cell phone.

In Florida, it is not currently illegal to drive while talking on a cell phone, but it is certainly relevant to a personal injury or wrongful death lawsuit when a driver involved in a crash was using a cell phone immediately prior to the crash. When a person is seriously injured or killed in a crash, personal injury/wrongful death lawyers for the victim or the victim's family will always look for evidence of whether the driver who caused the crash was using a cell phone or other mobile communication device at the time of the crash. After filing the personal injury or wrongful death lawsuit, a personal injury or wrongful death lawyer will find out which cell phone provider the at-fault driver uses and subpoena all of the relevant cell phone records for that driver. Detailed questions will also be asked of the at-fault driver during the course of the lawsuit to determine exactly what that driver was doing prior to the crash and how that negligent activity caused the crash.

A very serious auto accident in St. Johns County, Florida killed the driver of one car and injured the three occupants of a second car, according to an article on www.News4Jax.com. According to Florida Highway Patrol officials who investigated the crash, the car with the deceased driver crossed over the concrete median at around 9:30 p.m. and crashed into the oncoming car injuring its driver, Casandra Sheridan, and two children, who were taken to Flagler Hospital to be treated for serious injuries. The accident occurred on State Road 207 near Vermont Boulevard near St. Augustine, Florida.

This crash raises a a few issues in a personal injury lawsuit context. First and foremost is why someone would cross a concrete median and cause a head-on collision. This did occur on a weekend night (9:30 p.m.) so whether the at-fault driver was intoxicated from alcohol or drugs would need to be thoroughly investigated. Fatigue is another factor that commonly explains why a vehicle's driver would do something so negligent and dangerous.

Additionally, people with a personal injury case may wonder whether they can assert a claim for injuries if the other at-fault driver dies in the crash. The answer is yes. Personal injury lawyers will make a claim against the insurance company of the other driver, which is liable for the injuries caused by that driver, irrespective of whether that driver dies in the crash. Additionally, as is likely the case when a woman and two children are seriously injured in a crash, the at-fault driver may not have sufficient insurance coverage to compensate the three injured victims for their injuries. In that case, personal injury lawyers for the victims will look to the injured driver's own uninsured/underinsured motorist coverage for additional compensation.

If you have been injured in a serious auto accident and have questions about your right to compensation, contact us for a free consultation.

The Jacksonville, Florida personal injury and wrongful death law firm of Shorstein & Lasnetski, LLC successfully represented a client and obtained all of the available insurance after he was seriously injured in an accident while riding his motorcycle in Middleburg, Clay County, Florida. Our client was riding on his motorcycle on Blanding Boulevard when a car backed onto the road in front of our client without looking. Our client attempted to pass the careless driver, but that driver then accelerated, driving into our client and causing a serious crash.

Our client suffered serious injuries as a result of the crash including a broken leg and ankle, multiple fractures to his pelvis and serious internal injuries to several major organs. Shorstein & Lasnetski, LLC investigated the cause of the accident and quickly and conclusively determined that the accident was caused solely by the carelessness of the other driver. At that point, Shorstein & Lasnetski, LLC focused on the task of locating all of the available insurance policies that would offer compensation to our client. In this case, there were three insurance policies. Once the relevant insurance companies and policies were discovered, Shorstein & Lasnetski, LLC determined and set out the facts about the accident, the injuries, the damages and our client which convinced the insurance companies involved to pay all of the $635,000 that was available in this case.

Motorcycle drivers are all over the roads in Jacksonville, Florida and the surrounding counties. Unfortunately, people who drive motorcycles face the added danger that comes with drivers of cars and trucks who do not carefully and appropriately watch out for motorcycles that share the roads. Accidents that result in serious injuries or death to people on motorcycles often raise additional issues of negligence and/or recklessness when drivers pull out of roads and make turns without adequately looking for other drivers, particularly motorcycles.

If you drive a motorcycle and have been injured in an accident, contact a law firm whose lawyers have experience with motorcycle accidents and the many issues that you will face in order to obtain full compensation for your injuries.

Two people were killed in an accident between a Department of Corrections Van and a pickup truck that was reportedly leaving the scene of a domestic stabbing in Lake Butler, Union County, Florida, according to an article on News4Jax.com. The driver of the Department of Corrections van was killed in the crash along with the driver of the pickup truck. A passenger in the Department of Corrections van was seriously injured and taken to Shands Hospital in Gainesville, Florida by helicopter.

In such a wrongful death case for the family of someone who was killed in an accident and a personal injury case for someone injured, attorneys for the victims would investigate not just how the immediate crash occurred but the events leading up to the crash. It is not clear from the article how the fatal crash occurred, but the facts suggesting that the driver of the pickup truck was leaving the scene of a aggravated assault involving his girlfriend suggests that he may have been driving negligently or recklessly. Lawyers for the victims will investigate exactly what happened at the pickup truck driver's home prior to the crash, the state of mind of the pickup driver, any alcohol or drugs involved and the manner in which he was driving when he left the scene of the stabbing. These issues and events that preceded the tragic crash must be thoroughly explored to get a full picture of why and how this crash occurred and the state of mind of the pickup truck driver that may have led to the crash.

A car crashed into four construction workers working in a construction zone at Lakeland Street and Cahoon Road in Jacksonville, Florida, according to an article at News4Jax.com. The article indicates that the investigation into what caused the driver to crash into the four construction workers is still ongoing.

According to the article, at least one of the construction workers was seriously injured as a result of the crash. In a personal injury lawsuit, the attorney for the plaintiff will look at all of the factors that would show this driver was negligent or reckless in causing this crash. For instance, construction zones are typically well marked in advance so drivers have an opportunity to slow down and watch out for construction workers and equipment. The speed limits in construction zones are normally reduced, and drivers are given notice of the lower speed limit in advance. Construction workers are normally very conspicuous wearing bright orange jackets and hats that alert drivers to their presence along with bright orange signs denoting the construction zone.

Drivers are required to slow down and take extra care when approaching and driving through a construction zone. When a driver gets into an accident in a construction zone, particularly where construction workers are injured, issues of gross negligence and recklessness on the part of the driver often arise.

http://www.jacksonville-lawyer.us/After you have been involved in an accident that has caused significant injuries, lost wages and medical expenses, your personal injury attorney will help guide you through the process and help you negotiate the many legal, medical and financial issues involved. However, on the opposite side of your personal injury lawyer is a defense lawyer for the insurance company whose job is to save the insurance company as much money as possible by compensating you with the least amount of money possible for your injuries. To do that, personal injury defense attorneys use a variety of tactics.

By now, most people are aware of the proliferation of social networking sites like Facebook, Myspace and others, but what do they have to do with a persona injury claim or lawsuit? If you are careful, the answer should be nothing. However, insurance company lawyers will look at the comments and pictures that you post on your Facebook or Myspace page after the accident. They may also look at dialogue you have with your friends on those websites. The purpose of this is to find anything they can use to downplay your injuries. Even a comment or picture that seems harmless can be distorted to indicate that you are not as injured as you claim or to contradict some other statement you have given.

The lives of accident victims are more accessible these days with websites such as Facebook and Myspace. As a result, it is important to let your personal injury lawyer know if there are any websites or other mechanisms present that would allow an insurance company lawyer access to your life and lifestyle. Additionally, the better practice is to avoid posting anything that can be construed as damaging, whether it is a picture, comment or conversation, on any website or public domain.