November 2018

Car Crashes Into Tampa Home, Injures One

A car crashed into a house in a residential area of Tampa. As a result, the car crash caused serious damage to one house and sent a passenger to the hospital on November 23, 2018.

According to Spectrum News 9, this car crash happened early on Friday on North Highland Avenue. Allegedly, the SUV involved in this crash veered off the road and crashed into a house close to Violet Street.

Consequently, this car crash caused significant damage to the house’s living room. Thankfully, the residents were not injured during the crash.

Emergency crews transported the passenger in the SUV to a local hospital for treatment. Considering, the severity of the car crash no other injuries occurred.

As of today, local police are still trying to figure out what caused this car to crash into the house. Tampa authorities urge anyone with information on this car crash to call (813) 231-6130.

Passenger Injured In Car Crash

Hopefully, you never suffer injuries as a passenger in a car crash. However, if you are, you should know that passengers in Florida have rights and should be compensated for their injuries in a crash.

Passengers in SUVs, trucks, and cars are usually traveling with their friends or family members. Nobody wants to create tensions with their friends. However, your friends have auto insurance for a reason and they want to see you get better too. Don’t expect their insurer to play fairly. If you have sustained a serious injury, be sure to speak to an attorney about your crash. Tampa area car injury lawyers offer free and confidential consultations.

Contact a Tampa Auto Accident Lawyer

Lastly, anyone injured due to the negligence of another driver in Tampa may call RHINO Lawyers for a free consultation. Our personal injury team will offer you advice to help you get the compensation you deserve.

No matter the nature of your case, our experienced lawyers can help you better understand your legal rights given your circumstances. In short, don’t settle for what the insurers want to give you until you’ve spoken with one of our compassionate attorneys.

For your free consultation call, please dial (844) RHINO-077.

Will Connected Vehicles Reduce Auto Accidents?

Tampa has been chosen along with New York City and a part of Interstate 80 in Wyoming for purposes of a new connected vehicle pilot program. That will allow certain motor vehicles, traffic control devices, signs, crosswalks, and pedestrians to talk with each other. The program has three objectives. First, its developers want to improve traffic safety by improving the flow of traffic and reducing accidents. After those, they want to reduce greenhouse gas emissions.

According to the official website, www.tampacvpilot.com, 10 Hillsborough Area Regional Transit Authority (HART) buses and 10 streetcars are participating in this pilot program.

Additionally, the NHTSA predicts that not only will connected vehicles prevent accidents, but that there will be a reduction in the severity of some accidents.

Talking Connected Vehicles

When vehicles communicate with themselves and stationary objects like traffic lights, they use V2V (vehicle to vehicle) technology that is coupled with other new technology. Thus, the talking vehicle transmits information. It tells other talking vehicles and objects where it is, what direction it’s going in and how fast it’s traveling within a range of about 300 yards. The information system even notifies drivers of pedestrians in crosswalks.

In fact, the system updates the information as often as 10 times per second. Then it’s sent to all other talking cars within range for purposes of identifying potential immediate hazards. Combining this technology with automatic braking would drastically reduce motor vehicle crashes, injuries, and fatalities.

V2V Might Become Mandatory

There is no question that the concept of talking cars or talking traffic is rapidly increasing. Assuming that it is reliable in the pilot program. The National Highway Transportation Safety Administration (NHTSA) has proposed a rule that would establish an industry standard. This would require all new cars to include the talking vehicle technology. Whether or not a driver wants to use it would be optional. However, it will be illegal for the system to be turned off. On the low end, the NHTSA estimates that the technology will prevent at least 200,000 accidents per year.

Privacy Concerns

Many legislators are of the opinion that sacrificing privacy for preventative technology would be wrong. Proposed security measures to protect drivers and their vehicles have been submitted. Legislators have assured the public they will implement appropriate security measures. More importantly, the security measures will be ready before rolling out this new technology. Drivers won’t be able to obtain any personal information about other drivers. It’s presently unknown whether police will track drivers with the technology.

Reduction of Impact Severity

The NHTSA believes that V2V might reduce the severity of impacts by up to 80 percent of all crashes, especially in those involving intersections and lane changes. About 1,600 private volunteers, 10 buses and 10 streetcars will be equipped with the V2V technology. The vehicles participating in the pilot program are only a tiny segment of the total number of vehicles that are registered in the Tampa area.

Tampa Auto Accident Lawyers

We still intend on being your go-to Tampa Auto Accident Lawyers. Lastly, whether an accident involves V2V technology or the carelessness and negligence of another driver, don’t hesitate to contact the personal injury team at RHINO Lawyers for a free case consultation and review.

Passenger Injury in a Auto Accident?

When you’re a passenger in a motor vehicle, it’s difficult to take evasive action to avoid injury in an accident. As a result, injuries more serious than those suffered by your driver can result. The only good news is that you’re highly unlikely to be at fault for the accident. Although, questions about your accident and injuries are going to arise. Especially, if the crash involved one or more vehicles in the Tampa area.

Passenger Injury Call 911

First, even if your driver didn’t suffer any injuries, you will need the accident and your injuries documented. Call 911, request paramedics and report the accident. Don’t get talked out of reporting the accident to the police under any circumstances. Without a police report, you stand little chance of receiving compensation for your damages.

Seek Immediate Medical Treatment for Injuries

The paramedics at the scene of your crash can treat you and transport you to the nearest emergency room. They will make a record of that. Their record will be the first in a long line of medical records regarding the treatment that you as a passenger underwent for your injuries. Those records are critical in any personal injury claim or lawsuit.

PIP Benefits

Florida is a no-fault insurance state. So, this requires you to use personal injury protection (PIP) benefits. But, this is for the first $10,000 of medical bills and lost earnings. Assuming that you own a car, you’ll make that claim under your own PIP coverage. If you don’t own a car and don’t have PIP coverage, Florida law provides for what driver’s PIP coverage applies. If you fail to treat for your injuries within 14 days of the date of your accident, it’s likely that PIP coverage will be denied. It’s also likely that the value of any personal injury claim or lawsuit that you file could be reduced. Seek immediate medical treatment for any car accident injuries.

Am I Limited to $10,000?

If you meet one or more of four thresholds you can pursue additional compensation for your injuries and damages. Here are the thresholds:

• You suffered a significant and permanent loss of an important bodily function.
• That within a reasonable degree of certainty, you suffered a permanent injury.
• You suffered permanent scarring, disfigurement or disability.
• You died in the accident. Your estate can seek damages.

Beyond the Threshold

You can proceed with a lawsuit seeking compensation for your damages once your claim meets one or more of the thresholds. Those damages might consist of the following:

• Past and future medical bills.
• Past and future lost earnings.
• Any permanent disfigurement.
• Any permanent disability.
• Pain and suffering.
• Loss of a normal life.
• In the event of a wrongful death, other significant and valuable damages.

Who to Claim Passenger Injury Against

However, involvement in a single-car accident like hitting a stationary object or rolling over, as a passenger your injury claim is against the insurer of your driver. If the accident involved multiple vehicles, the recommendation to make claims against the insurers of all drivers involved in the accident.

Statements

Shortly after your accident, an adjuster from an opposing insurance company might contact you “just to see how you’re feeling now.” That’s a pretext. That adjuster wants a recorded statement from you. Politely refuse to give such a statement. Then, call us. You’re not required to give any type of a statement in Florida without an attorney being present on your behalf. You don’t want to have your own words used against you in the future.

Contact a Tampa Auto Accident Lawyer

RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”

Whether you were injured as a passenger, the driver of another motor vehicle, a bicyclist or a pedestrian, contact our personal injury team right away after being injured as a result of the carelessness and negligence of another driver. Each accident and injury case is different. Seek the advice and counsel of an experienced Tampa Auto Accident Lawyer from our office by contacting us and arranging for a free consultation and case evaluation.

Uber Passenger Struck on Tampa Freeway

Uber passenger struck on Tampa freeway. A 28-year-old man was killed after getting out of an Uber car. The accident around 1:45 AM on Monday, November 19, 2018, near Tampa. According to the Uber driver, the man became agitated on his trip from Brooksville to Brandon and wanted out of the car on southbound I-75 at the I-4 exit. Once out, the Uber passenger stepped into the traffic lane. Where two cars, a Nissan Versa, and an SUV struck the man.

Drop-Off Safety for Uber Passengers

Though we don’t know the circumstances of the above-mentioned story, Uber does have rules regarding dropping off passengers. Uber posted this for their drivers: “Keep your dropoffs legal: Drop off passengers in safe and permissible locations, like passenger loading zones or where there is enough space to pull over without blocking bike lanes. It’s important to know your local laws so that you can abide by them. Check your state’s traffic laws.”

Lyft and other ride-share companies have similar rules that are put in place for passenger safety.

Who’s to Blame?

Uber drivers and the Uber company have a somewhat complicated liability. Generally speaking, an Uber driver is an independent contractor, and as such, carries his or her own insurance. However, if a driver’s app is on and they’re at fault, then yes you may be able to sue them. If you can sue Uber directly, then they have 1 million in coverage. Sounds straightforward, right? This is actually where it gets complicated. According to a Florida rideshare accident attorney if the driver is at fault, then there are three sources of insurance that apply during different circumstances.

• If the driver is not on duty, meaning not available for a pick-up. Then Uber has zero liability and the insurance of the driver is in play.
• If the driver is available for pick-up but does not have a passenger. Then the Uber driver’s own insurance pays for any damage, however, Uber’s $1 million policy turns into an underinsured policy. This means that if the court awards damages over the driver’s policy limits, then Uber will pay the difference.
• If the driver is on a run with a passenger then Uber’s $1 million policy will cover all damages.

Do I need an Accident Attorney if I’m in an Uber Crash?

If you sustain serious injury in any car wreck you should definitely schedule a free consultation with an auto accident attorney.

As far as Uber goes, consult with an attorney for any injuries. Whether you’re the driver, passenger, or pedestrian hit by an Uber car.

You don’t need an attorney for every injury so long as the insurance company does the right thing. However, when it comes to complicated insurance liability issues, you will very likely need an attorney. More importantly, the attorney should know the law and have experience handling ride-sharing claims.

In the event a loved one was killed, be sure to speak with an attorney about wrongful death claims.

If you were involved in an Uber crash in the Tampa area call the personal injury team at RHINO Lawyers today.

Will Police Respond to My Car Accident in Tampa, FL?

Unlike some police departments in some cities, Tampa Police respond to all car accidents. Call 911 and have an officer dispatched when involved in any type of car crash. Depending on your location, a Tampa Police Department (TPD) officer or a Hillsborough County Sheriff will respond.

Once the police have been notified, seek medical attention, then call us to schedule a free consultation and case evaluation.

Will Tampa PD respond to fender benders?

Yes, police will respond to fender benders as well. If it is truly a non-emergency you may call the non-emergency line at 813-231-6130. If for some reason you did not notify the police. Be sure to get a report on file within 10 days of the crash occurring.

It is good that we have police in the area who will respond to accidents. A surprising number of serious injuries can arise after low-speed impacts. As a result, having police document the crash at least establishes the fact that the accident occurred.

After the crash, you can go here to get a copy of your Tampa Car Accident Report.

Police in other cities may not respond.

Believe it or not, police in many cities, even cities smaller than Tampa, may not respond to some types of collisions. For example, as of 2019, Springfield Missouri has a population of around 170,000 people and they no longer respond to non-injury collisions. Other cities that have adopted this policy include the Las Vegas Metro area and Philadelphia.

Do I need an attorney after a Tampa car accident?

Always speak to an attorney after any crash which involves a serious injury. Though, you do not need an attorney in each and every case. However, just like it is not a great idea to have people assess their own injuries, it is usually not a good idea to assess your own insurance claim. A good attorney will provide you with a free consultation and advise you on the best steps to take after any crash whether it involves retaining an attorney or not.

Be sure to contact our personal injury team for a free consultation after an accident involving a serious injury or a loved one passed away during the collision. The RHINO Lawyers are dedicated to tackling the insurance companies head-on.

Injured By Someone With No Auto Insurance?

26.7% of all drivers in Florida have no auto insurance, but that doesn’t always mean you can’t be compensated for your injuries. Contact us today for a free consultation when seriously injured in any type of auto accident in the Tampa area.

No auto insurance crash scenario:

You certainly don’t expect it, especially when you’re so close to home. You’re on your way to the supermarket to pick up a few items, and your traffic signal is green at a major intersection. Then, you don’t know what hit you, but after that white light flash from your brain hitting the sides of your skull, you know that you’ve been in a crash.

A Chevy Silverado pickup truck who ran the red light on your left broadsided you on the driver’s side. You can’t open your driver’s side door to get out of the car, so you crawl through the window that was previously occupied by glass. When you try to take your first step, there’s incredible pain in your left leg and ankle, and you fall to the ground. You’re a bloody mess, and you are sure you suffered a broken leg. Now, the guy that hit you is trying to start his truck. He’s trying to leave the scene, but his truck won’t start.

The other guy doesn’t even look like he suffered any injuries. There must have been a squad car nearby, and a passing motorist must have called 911. That guy was still trying to start his truck when police arrived. Soon after that, the paramedics arrived. Now, police have the other guy in handcuffs. You’re wheeled off on a gurney, and now he’s in the back of a squad car. It looks like he’s going to jail, and you’re going to a hospital. A police officer tells you that he’ll pay you a visit in a while to tell you what’s going on.

Your x-rays show a fractured tibia and ankle. As a result, they admit you to the hospital. It looks like they will schedule your surgery for tomorrow or the next day. Indeed, the investigating police officer finds you and pays you a visit. You learn they believe that the driver who hit you was on a massive dose of opioids. After that, you find out the court permanently revoked his driver’s license a few years ago for four or more DUIs. Then, you learn that he had no auto insurance. Sounds crazy, but this hypothetical crash scenario is very similar to what happened in Clearwater in December 2018. Now what?

Make a PIP Claim First

Florida is a no-fault insurance state. Therefore, the state requires everybody who drives an automobile to have personal injury protection (PIP) insurance coverage. Notwithstanding the fact that the other driver didn’t have any insurance, you can still make a claim and get at least some medical bills and lost earnings paid with your PIP through your own insurance company. What comes to issue is that surgery and rehab are going to cost tens of thousands of dollars, but your PIP coverage is only $10,000. That’s why you want to be sure that you carry uninsured motorist insurance.

Uninsured Motorist Insurance

As per the Insurance Research Council, about 26.7 percent of all drivers in Florida have no auto insurance. That’s about twice the national average, so next time you’re on the highway, take a look around you. More than one out of every four drivers that you can see are without any car insurance at all.

Who does it Cover?

You can purchase uninsured motorist insurance (UM) through your own insurance company. That’s who you will make any uninsured motorist claim with too. Take note that your UM probably covers the residents of your household who are blood relatives. Even if the accident involves a hit-and-run driver. The coverage usually applies to everyone even as bicyclists or pedestrians too. Most UM policies will pay damages like medical costs, lost earnings, permanent disfigurement, permanent disability and pain and suffering up to the limits of your coverage. They will pay damages from an accident caused by an uninsured or hit-and-run driver.

The Other Alternative

You can make a claim for the rest of your medical bills under your health insurance too while your UM (uninsured motorist) claim is pending. That’s what you pay premiums for, but your health insurance doesn’t cover any of your other damages.

Always Contact RHINO Lawyers

If you’ve been injured in an accident that was caused by an uninsured motorist, contact our Tampa Auto Accident Lawyers right away. Our personal injury team can arrange for a free consultation and case evaluation. We’re available to answer your questions and advise you of your legal options. Compensation might be available for you. You’re in a highly complicated insurance situation. We can talk about how we might be able to help you get things straightened out.

Head-On Collisions in Tampa

Head-on collisions cause extensive property damage and severe injuries. According to the National Highway Traffic Safety Administration, when someone is involved in a head-on collision, they are five times more likely to be seriously injured and seven times more likely to be killed than other types of collisions. This is primarily due to the higher impact that happens in a head-on collision because the speed and momentum of both cars contribute to the impact.

If you were injured or a loved one was killed in a head-on collision in Florida, contact us today for a free consultation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”

Types of Head-on Collisions

Head-on collisions can be categorized into two types: Centerline drift and wrong-way driving (WWD). Both produce similar impacts and injuries, but they happen for a significantly different reason and under separate circumstances.

Centerline Drift

Just like it sounds, centerline drift head-on collisions happen when one car drifts over the median and into oncoming traffic. This happens almost exclusively on non-divided highways and is more typical on two-lane rural roads.

When drivers drift out of their lane, most of the time they correct themselves with no harm done. However, when the drift takes them over the median or centerline, they are at risk of causing a head-on collision. On two-lane non-divided highways, cars are going at speeds 50-60 mph, and there is only a few feet between them and cars passing in the other direction also going at high speeds. Causes of centerline drift:

• Impaired Driving: Driving under the influence is the number one reason for centerline drift crashes. Alcohol is still the primary cause of impaired driving, however, marijuana impairment is increasing at a rapid pace due to the number of states that have legalized recreational marijuana.
• Drowsy/Fatigue Driving: Drivers often doze off due to being sleepy or fatigued. Most of the time, the road bumps or the sensation of drifting will jerk the driver awake. However, other times the person crosses the centerline into oncoming traffic.
• Distracted Driving: On non-divided highways, it takes less than a second of drift the few feet into the oncoming lane, and thus any distraction can be deadly. Cell phone/texting is the number one distracted driving cause. Others are eating, make-up/shaving, radio/CD player, interacting with other passengers.

Wrong-Way Driving

Technically, in a head-on, someone is going the wrong way, but according to the NHTSA, WWD happens when a car enters a divided highway and travels against the designated direction of that lane. This happens when someone enters the freeway from an off-ramp or turns the wrong way when crossing a divided highway. Causes of WWD are:

• Impaired Driving: The NHTSA reports that over 60 percent of all WWD crashes are because the driver was impaired. Almost all WWD comes from an error in judgment or in observance of the driver. When the driver is impaired, by definition his or her reasoning and judgment is diminished.
• Visibility: Most WWD happens at night, and poor visibility can cause someone to miss the signs and/or become confused as to where to go.
• Poor Signage: Often time, the signs that show proper direction or the warning signs are either in poor repair or insufficient in design. This can cause even an awake and unimpaired driver to make a mistake.
• Purposeful WWD: In a small percentage but a significant number of accidents the driver enters the wrong way on purpose in an attempt to end their life or harm others.

Common Injuries With Head-On Collisions

Head-on crashes are typified by high-impact collisions and thus produce common injuries. Some of them are:

• Blunt Force Trauma
• Head Injuries/Traumatic Brain Injuries
• Broken Bones
• Internal Injuries/Bleeding
• Airbag injuries

Losses and Damages that Come From Head-On Collisions

When someone is involved in a head-on collision, the injuries are usually severe. This means that the financial losses are often severe as well. For drivers in the Tampa Bay area, this can be devastating as the person’s life is turned upside down. Under Florida law if you are involved in a head-on collision are severely injured, you are entitled to certain damages. They are:

• Medical Bills
• Lost wages, past, and future
• Permanent injuries/disabilities or disfigurement
• Pain and suffering
• Loss of quality of life/consortium
• Wrongful Death compensation
• Emotional distress

Money can’t make these things go away, but it can help compensate for the many losses that come from an accident like a rear-end collision. Many victims of these accidents wonder if they need to get an attorney. In most cases, the answer is yes.

Contact a Tampa Car Accident Attorney Today

Everyone has questions after a crash. Talk to an Attorney at RHINO Lawyers today. Our personal injury team is ready to start working for you to get you the compensation you deserve.

Wrong-Way RV Driver Crash Injures Man in Homosassa

A man driving an RV the wrong way on Suncoast Boulevard allegedly crashed head-on into a pickup truck. As a result, he seriously injured the driver. Florida Highway Patrol said that a 60-year-old was under the influence of alcohol and driving his vehicle northbound in the southbound lanes of Suncoast Blvd near West Kingston Drive Sunday morning, November 11, 2018.

Authorities arrested the driver of the RV and charged them with DUI and driving the wrong way. The accident is still under investigation, but no additional charges have been filed.

Why Would Someone Drive the Wrong Way?

The name for driving the opposite direction intended for a roadway is wrong-way driving or sometimes ghost driving. Wrong-way driving is especially dangerous. This is due to the potential high-speed and head-on impact that often occurs. This is because the momentum of both vehicles add to the impact of the collision and amplify the damage done to vehicles and people.

There are many reasons why wrong-way driving happens:

• Distracted driving or inattentive driver,
• Impairment,
• Poor signage or confusing roadway configurations,
• Foreign Drivers accustomed to left-hand lane travel.

Because of the heightened impact in many wrong-way collisions, injuries tend to be more severe, and the risk of death increases as well. In the United States, around 5,000 people die each year in head-on collisions, and a substantial amount of these are from wrong-way driving.

Do I need an Attorney if Injured in a Wrong Way Crash?

Maybe this would be a better question. What happens if I don’t get an attorney for my injuries? The answer is completely dependent on the insurance agent for the other driver. You might get lucky and get one that is actually looking out for you, but that is not the norm. It’s not personal, but the agent has a job to do, and that is saving their company as much money as possible.

You need an attorney skilled and experienced against insurance companies and one that understands the law surrounding wrong-way collisions. If you’ve been involved in a head-on collision, t-bone accident, rear-end crash or any other type of wreck in Homosassa or in any area surrounding Tampa contact our personal injury team at RHINO Lawyers.

What is Uninsured/Underinsured Motorist Coverage?

Driving in Florida can be a constant struggle. With the traffic, distractions, and amount of uninsured motorists on the roadways, car accidents happen all the time. However, even though a driver may be “at fault” in the accident, that does not mean that they have insurance to cover your injuries.

Why is UM important?

Florida is a “no-fault” state and requires drivers to carry personal injury protection (PIP) insurance. However, bodily injury insurance is not necessary. This means the insurance company may take on the liability. Also, that the person who injured you may be able to protect themselves, but not have any money to cover your injuries. Due to this problem, many people in Florida carry uninsured/underinsured motorist coverage (UM).

Florida statute 627.727 allows injured drivers to carry their own insurance to protect themselves from drivers who do not have the insurance to cover the injured drivers’ damages. To mirror the automobile liability coverage on the policy Florida created uninsured/underinsured motorist coverage. Florida’s public policy is that every insured driver can recover damages. So the damages afforded would be the same as an at-fault driver with a bodily injury liability policy. Here is an example:

Mary is driving on a roadway and decides to adjust the radio. Traffic ahead stopped and Jim has stopped at the red light. Distracted Mary rear-ends Jim’s car damaging both cars. Injured in the accident Jim incurs medical bills. Mary has insurance, but her insurance covers property damage and her personal injury protection, not the bodily injury of another. Jim’s treatment costs money, but he cannot get reimbursed from Mary’s insurance coverage. However, Jim’s own insurance has UM coverage to protect him. This means that Jim use his own insurance to get reimbursed for the medical bills and pain and suffering he underwent through the length of his treatment after the accident.

What does it do for me?

By having uninsured/underinsured (UM) coverage, you help to protect yourself from drivers on the road who are not carrying insurance. Insurance companies must have a written rejection that someone does not want UM coverage. Otherwise, they may have to pay out what the bodily injury coverage would be. This means that if your insurance policy has bodily injury coverage, you have the ability to have UM coverage up until that amount as well. Having the UM coverage allows you to recover future medical expenses, lost wages, and non-economic damages like a permanent disability of pain and suffering. Your personal injury protection coverage and health insurance will pay for the present bills. But during the course of treatment, the future medical expenses can get paid through any coverage, which includes UM coverage.

What should I do?

If you have additional questions about an accident you were in and injuries you suffered as a result, contact RHINO Lawyers. Our personal injury team will explore all options of the accident, including all insurance areas to make sure you are getting the help you deserve. Give us a call at 844-RHINO-77 for a free consultation. Take Charge of your Rights.

I Got Hit by a Drunk Driver, Can I Sue?

You are driving and hear the crunch of metal, airbags deploy, and jostled from your seat, with only your seatbelt holding you in place. After the car stops you take a deep breath and start to gather your surroundings. Adrenaline is rushing and your hands start shaking while you try and grab your cell phone. After a moment your breathing starts to get back to normal and you dial 911.

You are sore and your body aches. But you are able to get out of the car and see the impact. The driver who hit you gets out of their truck and you start to exchange insurance information. Immediately, you smell the odor of alcohol on their breath and notice their eyes are bloodshot and watery, while they talk to you with slurred speech.

The police arrive and they begin the exchange of information. While taking your statement you tell them what happened. In fact, you inform them that the other driver may be under the influence of alcohol. The adrenaline in your body subsides after an hour. Then you realize your injuries and you seek medical attention. You wonder, what do I do next?

Unfortunately, this scenario in Florida is more common than you may think. According to the 2016 Florida Highway Safety and Motor Vehicles report, 5,223 accidents involved impaired drivers. Many of these accidents involved injuries to people. So what makes drunk driving accidents different?

Difference between recovery for a DUI case compared to a regular auto accident case?

Anyone injured in a car accident is entitled to compensatory damages, regardless of the impairment of the defendant. Compensatory damages reimburse the injured party for loss, including:

• Medical Expenses – Any medical expenses related to your injury.
• Pain and Suffering – If you suffer from physical or mental aftereffects from the accident, such as depression or anxiety, you may be able to receive damages.
• Lost Wages – Your injuries received in the accident prevented you from working.
• Loss of Earning Capacity – The accident prevents you from working the same as you did before the accident, you may recover damages for the difference in potential income.

In Florida, injuries from a car or truck accident involving an impaired driver, you may also be able to receive punitive damages. The intent for punitive damages is as both a punishment for the drunk driver and a deterrent for other drivers.

Florida has said through the legislator and court system that plaintiffs can seek punitive damages in DUI accident cases. Because the act of driving while under the influence shows a “sufficiently reckless attitude.” You can ask a jury to provide an award of punitive damages if it determines liability exists for compensatory damages. Not only does the simple act of driving impaired mean that you can seek punitive damages; laws that limit damages for other negligence cases do not apply to drunk driving accident cases.

Only the defendant is liable for punitive damages, and if the defendant has limited resources then he or she may be unable to pay them. However, the insurance company has a duty to the insured to settle for the policy limits whenever possible and could be found liable for the punitive damages if they act in bad faith to their insured.

How can we help?

The auto accident lawyers at RHINO Lawyers want to help you Take Charge of your injuries and we won’t take less from the insurance company than YOU deserve. If you have been injured in a drunk driving accident, call us at (844) RHINO-77 for a free consultation. We don’t recover unless you win!

A drunk driver (DUI) injures you or someone you know in an accident in Florida, you need an attorney to fight for you. With these cases, there is more likely a criminal charge, but there are also civil penalties for the driver. This means victims can recover damages from the accident. We sue drunk drivers.

Our auto accident attorneys will fight each case and assist you through the process. We know that DUI accident injuries can be overwhelming and painful, and we are here to help.

At RHINO Lawyers we know that insurance companies want these cases to go away with paying the least amount of money to you as possible. Our personal injury team wants you to take charge and let us help you recover damages and be compensated for any medical bills you have to pay.

While there are similarities between a driving under the influence (DUI) accident case and a regular accident case, there are some differences that affect the value of a DUI accident case.