Driver Causes Fiery Crash and Flees
A driver flees the scene of a fiery crash. The driver of a Chevy SUV swerved to avoid another motorist and lost control of his vehicle. The SUV hit a guard rail and flipped over then caught fire. The driver escaped the flames and paramedics took the driver to Tampa General Hospital.
According to the Florida Highway Patrol, the crash happened around 12:45 a.m. on I-4 east of I-275 in Hillsborough County. The driver of the car that caused the SUV to crash fled the scene and no description of the driver or the car has been given. Anyone with any information about the crash or the unknown vehicle should call the FHP at (813) 558-1800 or *FHP.
“Swerve” Accidents
A swerve accident is one where a driver causes another to swerve to avoid a collision who then crashes into another car or an object causing injury. Many times, the driver of the car that swerved feels that since the other car didn’t hit them, then they have no claim.
However, the law doesn’t say that. The bottom line is that if any driver does something that causes another person to be inured, there is a potential claim for injuries. The key is whether the at-fault driver was negligent.
Don’t be fooled by an insurance company or their lawyers who tell you that there is no claim because their client’s car never actually struck your car. Call an attorney who can help you with your claim.
Hit-and-Run Accidents
Hit-and-Run accidents are especially troubling and can cause additional emotional stress for the victim who often feels twice victimized. First by the collision and then by the fleeing driver who left them injured and without any help.
The problems that come from a hit-and-run are numerous. First, with no one else around the victim is often left without help. Then no one is around to give first aid or call for help. The injured victim might suffer a greater injury because of the delay.
Second, the stress of having been injured and then having the driver flee can cause emotional distress and hamper the healing process.
Insurance Issues
The injured then becomes victimized a third time when the bills start coming in and there is no money to pay as the injured is out of work. This brings up many questions for the injured regarding who will cover those losses when the at-fault person hasn’t been identified.
- Who will pay my medical bills?
- Can I file the accident on my own insurance policy?
- What injuries can I claim?
- What if I wasn’t using my own car, can I still use my own insurance?
- Will I have to pay them back if the at-fault driver is found?
These are all good questions for the person injured in a hit-and-run. First, you may be able to file under your own auto insurance policy. Many policies have a Medpay or personal injury protection (PIP) provision that pays for injuries in an auto accident regardless of fault.
Typically, Medpay will only pay for medical bills up to a capped amount, and you may have to pay the insurance company back if the at-fault driver is found and pays you for your losses.
PIP pays for medical bills plus lost time from work and some other things like permanent disability, etc. It also has a cap, but in most policies, you won’t have to pay them back if the at-fault driver is found.
If that isn’t available, then many policies have an uninsured/underinsured provision that will pay out when there is an accident involving a vehicle (even if it’s not yours) for some of your losses if there is no insurance or too little insurance. Depending on the policy, this may cover some of the driver’s losses.
Do I need an Attorney When a Driver Flees the Scene?
Most of these questions and more can be answered by a competent attorney, one who knows the law regarding hit-and-run accidents and one that is experienced with insurance companies. Even if you don’t hire an attorney, you owe it to yourself to talk to one. Then you can make the decision informed and knowing what you are getting into if you decide to go it alone.
Contact a Tampa Auto Accident Lawyer
After any crash, contact an attorney if there is a serious injury or loss of a loved one. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”
Anyone injured due to the negligence of another driver in Florida may should us for a free consultation. Our personal injury team will offer you advice to help you get the compensation you deserve.
Read More
Wrong-Way Driver Kills Man on Suncoast Parkway
A man driving a GMC pickup the wrong way on the Suncoast Parkway (S.R. 598) in thick fog and crashed head-on into a vehicle going the correct way. According to a Highland County Sheriff’s office at the scene, the accident happened early Sunday morning, February 3 near mile marker 38. The wrong-way driver killed the driver of a Mini Cooper when he hit him head-on.
The Sheriff’s office said they suspect impairment to be a factor, and the wrong way driver had a previous DUI conviction in 2009. However, they have not filed charges, and it’s unknown if the driver of the GMC pickup was actually impaired.
Wrong-Way and Head-On Driving
Head-on collisions are the deadliest, according to a report by the National Highway Transportation Safety Administration. Head-on collisions account for only 2 percent of total accidents each year but make up 10 percent of all fatalities.
There are two types of head-on collisions: centerline drift and wrong-way driving (WWD). Centerline drift head-on collisions occur when the driver drifts or slides over the centerline of a non-divided highway and hits an oncoming car head-on. Eighty-five percent of head-on collisions are centerline drifts.
WWD collisions happened only in 15 percent of head-on collisions and occur when a vehicle enters a divided highway or freeway going the wrong way and hits a car going the correct direction.
Causes of Wrong-Way Driving
WWD collisions cause slightly more severe injuries and fatalities than other head-on collisions because of the high speeds of a non-divided highway. For these to occur, the driver must enter the lanes from the wrong direction, typically using in off-ramp for an entrance. Cause of these are:
- Impairment
- Poor visibility
- Poor/confusing signage
- Distraction including cellphone
- Relying on the navigation app
Head-On Collision Injuries
The reason head-on collisions are so deadly is that the impact comprises both vehicles’ speed and mass. Also, the occupants are thrown toward the front of their car, and then they are thrown violently back into their seats. This action causes certain common injuries:
- Blunt Force Trauma: The vast majority of fatalities come from the impact of the person into whatever is in front of them.
- Traumatic Brain Injury: Not always fatal and happens with the impact of the body at the time of collision.
- Thoracic Spine Injury: (Whiplash) This injury is not necessarily fatal, but it often results in paralysis. It comes from the body being thrown forward where the spine in the neck is stretched and then violently compressed when thrown back into the seat.
- Broken Bones: Skull fractures, facial bones, ribs and extremities such as wrists, ankles legs.
What Should I do if I’m Injured in a Head-on Collision?
If you are injured in a head-on collision, your number one priority is the get safe and then address immediate medical needs. After that, if you are able, make sure to get as much information as possible taking pictures if you have your phone or another camera with you.
Sooner or later, the focus will shift to who was at fault once the financial losses began mounting. At this point, it is best to talk to a professional who can advise you on the law and to evaluate your case. Don’t be fooled by the insurance agent as they have their own interests.
Do I Need an Attorney?
In some cases, maybe not. However, in a multiple car collision where the damages are significant, then talking to an attorney is a must. You need an attorney who can give you unbiased advice and can evaluate your case.
Contact a Tampa Auto Accident Lawyer Today
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.
Read More
Fatal Automobile Accident Wrongful Death Claims
Over 30,000 people die each year in auto accidents across the U.S. with 3,000 of those happening in Florida. When this happens, it’s devastating for the surviving members of the family. Whether the person is a spouse, parent, child or grandparent, if a family member is taken in an auto accident, the loss is traumatic.
If a loved one dies in an auto accident due to someone else’s negligence, a natural question is, who is able to make a claim if the injured person is dead?
If a loved one was killed in a head-on collision in Florida, contact our personal injury team today for a free consultation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”
What is a Wrongful Death Claim?
Since a person who has passed can’t file a claim for his or her losses from an auto accident, the Florida law allows the estate of the deceased to file a claim. The estate is the rightful heir of a person’s wealth and property as determined by Florida’s inheritance laws. First in line is the surviving spouse, and then the children, if any.
The claim is based on the loss of the deceased to those in his or her family. Many times, those killed in a car wreck have a spouse and dependent children that counted on support. Also, there is a loss of the person as a spouse, parent or child, and this loss is acutely felt by those left behind.
Making the claim
Florida law spells out what a wrongful death is based on and under what conditions it can be made. Basically, the person or people who are inheriting the estate can recover damages based on the negligence of the at-fault person, and if that negligence resulted in the death of the person, then a wrongful death claim can be made.
Conduct that Leads to a Wrongful Death
There is a wide range of negligent actions that can lead to a wrongful death claim. For each of these, the at-fault person must be considered to have been negligent and the act caused the death of the victim:
- Driving while Impaired
- Speeding
- Wrong-Way Driving
- Rear-end collisions
- Head-on collisions
- Reckless driving
Types of Damages in a Wrongful Death Claim
Florida law states the types of damages that can be claimed. In a typical claim for damages, the inured person claims the losses he or she incurred because of the negligence of the at-fault person. However, in a wrongful death claim, damages can be based on the losses sustained by both the estate and the individuals affected by the loss. These damages are:
- Medical bills of the deceased, if any.
- Funeral expenses of the decedent.
- Pain and suffering of the deceased, if applicable.
- Loss of future income
- Spousal Loss of companionship, consortium.
- Parental loss of companionship (children’s relationship with deceased parents).
- Mental/Emotional pain and suffering of the children.
When can a Claim be Made?
After the victim dies, the estate and survivors have two years to file a claim with the court. Similar to other cases based on negligence, before filing with the court, a settlement can be made with the insurance company. But if the case is not settled within two years, then the claim needs to be filed with the court.
Many surviving members wonder if hiring an attorney is required in a wrongful death case. It doesn’t require one in most cases, but the wrongful death laws can be complicated. So the best course of action is to talk to an attorney who understands Florida’s wrongful death laws.
Contact a Tampa Car Accident Attorney Today
Even if you don’t hire an attorney, you need to speak to one that knows the law and can evaluate your case. Talk to an auto accident attorney at the RHINO Lawyers today. Our personal injury team is ready to start working for you to get you the compensation you deserve.
Read More
Rear-End Accidents in Tampa FL – Auto Injury Lawyers
Rear-end collisions are by far the most common type of vehicle accident making up over 30 percent of all accidents. According to the National Highway Traffic Safety Administration, there is an average of 2 million rear-end collisions a year resulting in over 500,000 injuries and 17,000 deaths.
In Florida, over 400,000 auto accidents happen each year with 120,000 of them being rear-ended collisions. In addition, the NHTSA found that rear-end collisions were more likely to occur in urban areas. Subsequently, this means you are at more risk of a rear-end collision in places like Tampa Bay, St Petersburg, Clearwater, Brandon, and Spring Hill. In fact, this is primarily due to the number of cars and the stop-and-go driving that is common in urban driving.
Thus, if you were seriously injured or a loved one was killed in a rear-end collision in the Tampa area, contact us today for a free consultation and case evaluation.
Causes of Rear-End Collisions
First, there are many reasons why rear-end crashes occur, and understanding these can help someone avoid rear-end crashes in the future. Some of these are:
- Sudden stop/Failure to stop: This is common on freeways and highways where the car in front suddenly stops and the following car doesn’t have time to avoid a collision.
- Lane change: Often times a driver will change lanes and not maintain the proper distance from the car in front.
- Distracted driving: Cell phone use is becoming the number one distractor in all automobile accidents. Others are eating, shaving, putting on make-up, changing radio/cd, interacting with other passengers.
- Impaired Driving: Alcohol has been the number one type of impaired driving responsible for many rear-end crashes. Today, marijuana impairment is trending upward as more states legalize recreational usage of the drug.
- Drowsy driving/fatigue: Driving too long without a rest or just getting behind the wheel without enough sleep cause a significant amount of rear-end collisions.
Common Rear-end Collision Injuries
At RHINO Lawyers, we see all types of injuries that come from automobile accidents. Those that are most common with rear-end collisions are:
- Whiplash: In medical terms, this is a hyper-extension and hyper-flexion injury and is the number one type of injury in rear-end collisions. It happens when the vehicle comes to a sudden stop. Afterward, the person slams forward and then slams back into their seat. These injuries can be painful and take a long time to heal. In some cases, people need surgery to repair cervical disc injuries that are common with whiplash.
- Traumatic Brain Injuries: Head impacts on the dash or the steering wheel can cause mild to severe concussions. Unfortunately, this causes injuries to the brain. When the head makes a sudden impact, the brain moves inside the skull, and in many cases, brain damage is a result. When this happens, there is typically a long road of cognitive rehabilitation ahead for the victim.
- Broken Bones: Anytime there is a sudden impact on a person, there is a chance for a fracture. In a rear-end collision, common fractures are to the hands due to bracing or holding onto the steering wheel; the feet from the legs and feet impacting the floorboard and firewall; collarbone/ribs from the seatbelt; and spine fractures that can lead to paralysis.
- Airbag injuries: Airbags undoubtedly save lives, but they can also cause severe burns and even death if the person is not the right heights or weight to be in a seat with an active airbag. Incidentally, some airbags malfunctions can send shrapnel through the car causing injury or death.
- Permanent disfigurement: Sometimes the victim of a rear-end collision will hit a steering wheel, dashboard, side window or side door frame and receive deep and severe lacerations requiring surgery. Personal property flying inside of the vehicle or broken glass may cut a person in the car.
Common Damages in a Rear-End Collision
Under Florida law, a person hurt by another’s negligence is entitled to be “made whole.” This is often impossible, but it can provide a basis for determining a financial award. Some of the damages allowed 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
In short, 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. Therefore, many victims of these accidents wonder if they need to get an attorney. In most cases, the answer is yes.
Contact a Tampa Area Car Accident Lawyer
Lastly, contact a Tampa Car Accident Lawyer that knows the law and can evaluate your case. So, 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.
Read More
Tampa Man Killed in Five-Car Pile-up on 301
A five-car pile-up happened after a GMC Envoy hit a Toyota Sienna who stopped in traffic. The GMC pushed the Toyota into a Chevy pickup. Once these vehicles came to a rest, a Lincoln SUV stuck the Envoy. As a result, the Envoy ran into the Sienna again who hit the Chevy pickup for the second time.
According to a Florida State Trooper at the scene, the driver of the Envoy died at the scene. Paramedics took two other drivers to a nearby hospital with undisclosed injuries. Law enforcement arrested the driver of the Lincoln SUV for driving without a license.
Multiple-Vehicle Crashes
Multiple-car crashes can be dangerous as there are several impacts. In fact, some vehicles get hit more than once. This can cause serious injuries as many victims endure multiple hits. There are typically two types of multi-vehicle accidents: chain reaction and pile-up. Each of these have their own characteristics and create unique problems for all involved.
Chain Reaction Crashes
A chain-reaction crash happens when a collision occurs involving two cars and then other impacts occur in a series of events all linked to the first collision. These can be especially deadly. This is because the vehicles involved are traveling at higher speeds and have significant momentum. These types of crashes are known for high property damage, rollovers, centerline/median crossing and cars leaving the roadway.
Five-Car Pile-Up Crashes
A five-car pile-up or multi-car wreck, although technically a chain reaction as well, happens when cars fail to slow or stop when approaching another accident or stopped vehicles. These collisions can be small fender-benders to high-impact collisions. Click the chain-reaction crash video to watch the shocking pile-up unfold on an icy freeway.
Problems with Multi-Car Crashes
A significant factor in a multi-car crash is the risk of being struck a second or third time as cars come up on the scene. Many times a chain reaction turns into a pile-up collision as other motorists are unable to stop.
According to experts, the best thing to do in a chain-reaction or pile-up collision is to stay in your vehicle with the seat belt on. This is because the car around you—even damaged—offers more protection than getting out and being in the open. Of course, there are many times when it’s better to exit the vehicle such as when the vehicle is on fire or leaking fuel.
How is Fault Determined?
After clearing the scene and everyone has been treated and healing, the fault of the accident will become important. Because those injured will be facing severe financial losses. Some of these losses that affect the victim soon after the accident are:
- Medical bills
- Rehabilitation
- Lost time from work
- Loss of a job
- Transportation: short term and replacement
- Disability: temporary or permanent
The issue of fault in a two-car collision can be tricky at times. However, in a five-car pile-up crash, the series of events and the difficulty the crash scene investigators have when trying to determine what happened compounds the trickiness. With so many cars and possible impacts, it can be a challenge to determine the facts.
It’s likely that in multi-car crashes, more than one person will be at fault. The investigators will look at each impact and try to determine which car struck the other under what circumstances. Because a second or even third impact could involve the same car with a different driver at fault for each impact. This can make determining which driver is responsible for which injuries extremely complicated.
Do I Need an Attorney?
Talking to an attorney is a must after any crash involving a serious injury or the loss of a family member. You need an attorney who can give you unbiased advice and can evaluate your case.
Even if you don’t hire an attorney, talk to an Attorney at RHINO Lawyers today. Our personal injury team is ready to answer any questions you may have.
Read More