Headache After a Car Crash? Seek Medical Care Immediately
Every year, about 20-50 million people suffer non-fatal injuries from traffic accidents. And in most cases, people assume that a headache after a car crash is normal. Yet, a lingering headache after a car crash usually indicates something worse.
There are several types of headaches a person can have after a car crash. Today’s post will discuss the types of headaches and what you should do if you’re experiencing one after a recent accident.
Post-Traumatic Headache
A post-traumatic headache describes a feeling of pain in the head after an accident, trauma, or assault. Although this type of headache after a car crash is not common, it can affect anyone who experiences a traumatic event.
Symptoms that come along with a post-traumatic headache are nausea and sensitivity to light and sound. They may be caused by a combination of several factors, including pain from the injury, stress from the incident, and preexisting conditions such as high blood pressure or anxiety.
Not all post-traumatic headaches are the same. Some people experience seizures, muscle spasms, or even loss of consciousness.
Concussion
A concussion is a mild brain injury, often resulting from a bump to the head, where you experience headaches, dizziness, sensitivity to light and sounds, confusion, and fatigue. There is a chance that a series of concussions may result in long-term damage to your brain, leading to conditions such as epilepsy, dementia, and other psychological problems.
A concussion, also known as a brain injury, is caused by a sudden and forceful blow to the head. Concussion symptoms can be mild to severe. The most common symptom is a headache.
Other symptoms include dizziness and nausea or vomiting. Sometimes, people may have blurred vision or other visual problems. A person with a concussion can struggle with concentrating and making decisions.
Whiplash
A whiplash injury is a common car accident injury, causing pain and stiffness to the neck and shoulders. The main cause of whiplash injury is an impact to the neck or head that causes a twist in the neck, sometimes referred to as a “slingshot” effect.
Whiplash can also result from a collision with another vehicle, object, or vehicle’s side. Symptoms of whiplash include pain that shoots down one side of the neck, stiffness in the neck and shoulders, and numbness in the arms or hands.
Muscle Strain Headaches
Muscle strains are common injuries following a car crash, often resulting from awkward or sudden movements while in the vehicle. They are characterized by mild muscle pain and tenderness and cause weakness. A muscle strain is a minor injury and should heal on its own after a few days.
If you experience muscle strain after a car accident and notice any signs of a headache, take it easy until the pain subsides. Consult your healthcare provider if you are still experiencing pain after several days.
Fracture Strain Headaches
A fracture strain headache occurs when a person receives head damage during an accident and fractures their skull. The symptoms can be quite painful.
Some people will feel pain behind their eyes or temples, while others may feel pain on top of their heads. The pain may intensify when they move, so they should stay still as much as possible.
Pinched Nerve Headache
A pinched nerve is a common type of headache that occurs after minor trauma. You can feel the pain in the back of the head, and it usually radiates down your neck.
This type of injury occurs when something compresses the nerve, like a seat belt or a bump in the road. It can also be caused by disc compression if you have back issues.
What to Do if You Have a Headache After a Car Accident
If you’ve been suffering a bad headache after a car accident, the first thing to do is visit a doctor. This is crucial for many reasons.
For one, headaches are a common symptom of other conditions, such as severe brain injury. In addition, headaches can cause severe problems if they persist or keep coming back.
It’s not just a case of your body recovering from the effects of the accident — but also the pain of the original injury. If your headache doesn’t clear up soon, it could be a sign that something else is going wrong inside your head.
Call an Auto Accident Lawyer
You should call an auto accident lawyer immediately if you have been seriously injured in a car accident. These professionals can help you evaluate your case, fight for compensation, and recover damages if another driver has wronged you.
A car accident attorney can also represent you in court if they sue you for damages. They are trained to fight for your rights and make sure that your rights are protected.
They will negotiate with the other party’s insurance company to get the best possible settlement for your case. An auto accident attorney will also help you understand the legal process to prepare yourself for the trial.
Seek Professional Help
If you’ve been dealing with a constant headache after a car accident, don’t let them hold you back from seeking medical help. Headaches are common and temporary, and you can get them to go away with simple home remedies. However, if you don’t get yourself checked out by a doctor as soon as you can, it could get worse.
You should also call an auto accident lawyer as early as you can. Here are RHINO Lawyers, we offer a wide variety of services to help you with your recent car crash. Contact our team today for more information.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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How You Can Get DUI Evidence Thrown Out in Hillsborough County
Driving drunk is not a light matter. Nearly 750 Floridians died due to car accidents involving alcohol and drugs in 2020 alone.
That’s why prosecutors and police officers take DUIs so seriously. Yet they can be a little too zealous. Many innocent people get arrested and charged with DUIs, often due to aggressive tactics.
If you’re arrested for a DUI, you may feel helpless. But you can fight back once you know how to throw out pieces of evidence.
What is evidence that is never admissible in a trial? How can you contest breathalyzer and field sobriety test results? Can you throw out clips from dashboard cameras?
Answer these questions and you can clear your name of a DUI charge in no time. Here is your quick guide.
Fruit of the Poisonous Tree
“Fruit of the poisonous tree” refers to any evidence that is obtained illegally. Even if the evidence is incriminating, a prosecutor cannot bring it up in a trial.
In order to stop you and search your vehicle during a traffic stop, a police officer must have probable cause. They must witness you swerving on the road or looking intoxicated. If they don’t have probable cause, your lawyer can point that out and ask to suppress evidence from the traffic stop.
DUI checkpoints are legal in the state of Florida. But officers must follow several rules, including the “three-minute rule.” If officers detain you for more than three minutes and hold up traffic, your lawyer can argue that the checkpoint itself is unreasonable and inadmissible.
A police officer must have a warrant in order to search you. They cannot pat you down unless they believe they have a weapon on you. Even if the officer discovers alcohol or drugs on you, your lawyer can ask to remove the evidence obtained without a warrant.
If you are arrested for DUI, an officer must read you your rights. Once you invoke your right to silence and ask for an attorney, they must stop asking you questions. If they fail to read your rights or if they do not respect your rights, the DUI evidence can get thrown out.
All evidence that a prosecutor will use in a DUI case must be available to the defense. If prosecutors or police officers fail to hand over the evidence, your lawyer can motion to have the case thrown out.
Hearsay
Hearsay is evidence from a witness who is describing what someone said to them outside of court. A prosecutor may call a witness who testifies that someone told them that you were driving drunk. This is inadmissible, as all witnesses must be present in court for a jury to examine what they said.
There are exceptions to the hearsay rule. If you said something under the stress of the moment, a witness can testify to what you said. But your lawyer can call into question how stressed you were and argue against its relevance.
Faulty Breathalyzer Tests
Many DUI cases hinge on breathalyzer evidence. Though breathalyzers are usually reliable, they are not perfect.
Medications can skew results, and rare medical conditions can lead to false readings. Diabetes can result in the production of ketones, which are waste substances that the liver produces. Ketones can linger in the breath and trigger a high reading on a breathalyzer test.
Officers must follow very specific rules for breathalyzer tests. The test must be given in a “reasonable time” after you are pulled over.
Your blood alcohol content can rise for up to an hour and reach levels above the state limit. If your test was given an hour later, your lawyer can point this out and tell the judge the evidence is invalid.
Your lawyer can also examine the machine itself. A poorly maintained machine may produce false readings. The officers may not have cleaned the machine properly, leaving alcohol residue inside that resulted in a high reading.
Improper Field Sobriety Tests
You can refuse a breathalyzer test, but your license will be suspended. Yet you can refuse all field sobriety tests without any legal penalties.
Even if an officer demands that you perform a test, you can decline to do so. If you perform tests under a threat of violence, your lawyer can tell a judge about that and get the evidence thrown out.
Many field sobriety tests are difficult for sober people to perform. You may have difficulty with your balance or coordination, causing you to fall over during a test. During the test, you may get anxious or confused, causing you to fail.
Incomplete and Inaccurate Evidence
Prosecutors like to use dashboard footage to establish probable cause and show that evidence was obtained legally. They often use a snippet to show a driver swerving or not answering questions coherently.
This evidence is selective. Your lawyer can play the entire tape and show that you were driving fine and answering other questions well.
Your lawyer can also argue that the jury needs to see the entire tape from start to finish. If they cannot, the snippet should be thrown out for being selective.
How to Throw Out DUI Evidence
A DUI arrest may not lead to a conviction. Illegally obtained evidence is always inadmissible. Most forms of hearsay evidence are inadmissible, and any hearsay evidence brought up in court can be challenged.
Breathalyzer tests can be imperfect, especially if you have a pre-existing medical condition like diabetes. You can refuse field sobriety tests outright, and you can point out that dashboard footage has been selectively edited.
The best way to fight against DUI evidence is to hire a lawyer. RHINO Lawyers helps DUI defendants throughout Florida. Contact us today.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Nerve Damage From a Car Accident? What You Need to Know
WebMD estimates that about 20 million Americans suffer from nerve damage. Many of these people have nerve damage as a result of a car accident injury. Because car accidents are among the most common causes of nerve damage injuries.
If you suffer nerve damage from a car accident, then you may be eligible for compensation from a case settlement. Read further to find out how RHINO Lawyers can help you.
How Nerve Damage From a Car Accident Happens
Car accident injuries that result in nerve damage may go unnoticed for many reasons.
For instance, you often can’t prove that you have nerve damage empirically, making it nearly impossible for you to seek compensation for your injuries. Or, you could mistake symptoms of nerve damage for common body aches or for a variety of other ailments.
Nerve damage from a car accident can result due to injuries like whiplash, impact to the spine, or a herniated disc.
Whiplash
A whiplash injury happens when your head jolts back and forth, leading to neck trauma. Although whiplash usually affects the muscles, tendons, and other soft tissues in your neck, it can also damage your nerves.
Impact to the Spine
Sciatica pain often results from an impact injury that causes nerves in the spine to become pinched or compressed.
If you suffer from sciatic nerve damage from a car accident injury, then you may experiences symptoms such as feelings of numbness, tingling, pain, or weakness in the affected area. These symptoms can be easily mistaken for many other ailments, which is why you could have this type of injury without knowing it.
Herniated Disc
You suffer a herniated disc when one of the rubbery discs between the vertebrae in your spine pushes out of place. The displaced disc can pinch or impact a spinal cord nerve, resulting in feelings similar to sciatica pain and possible paralysis.
A herniated disc can heal on its own with enough rest, but you may need surgical intervention.
Types of Nerve Damage
The severity of peripheral nerve damage can be divided into three categories according to Seddon’s 1942 classification: neurapraxia, axonotmesis, and neurotmesis. These three categories can be further divided into five levels of severity, ranging from first to fifth degree.
Neurapraxia
Neurapraxia is the least severe type of peripheral nerve damage. In neurapraxia, the passage of nerve impulses to the injured area is blocked, causing the motor and sensory connection to be lost. But, the nerve stump itself remains intact.
Neurapraxia often happens as a result of your nerves being compressed or stretched. Usually, it sorts out within a few days or months with rest and other at-home treatments.
Axonotmesis
Axonotmesis is a severe type of peripheral nerve damage. In axonotmesis, the affected nerve gets cut but doesn’t get completely severed.
To make a full recovery, you’ll likely have to take physical or occupational therapy. With the proper treatment, it’s possible for you to make a full recovery within six months to a year.
Neurotmesis
Neurotmesis is the most extreme type of peripheral nerve damage. Thus, neurotmesis occurs when a nerve is completely severed, which typically occurs after a violent, open injury.
If you have this type of nerve damage, then you have little chance of making a full recovery in the future. But, you may be able to make a partial recovery with immediate surgical intervention.
When to File a Personal Injury Claim
You have a limited time to file a personal injury claim after a car accident due to the statute of limitations. Each state has a statute of limitations, or a limited period of time, in which you can file a claim.
According to the Florida statute of limitations, you have only four years from the date of your accident to file a personal injury claim.
If you wait until after the statute of limitations is up, then you’ll be unable to seek compensation in a car accident settlement in the future.
But, an exception may be made if injury symptoms don’t immediately arise after an accident. If that’s the case, then you’ll have four years from the day that you discovered your injuries to file a personal injury claim.
How Can a Personal Injury Attorney Help You?
Like the statute of limitations, there are many other aspects of the law that can get in the way of you getting the settlement that you deserve.
Because the law can be confusing, you want to work with a lawyer who has experience in personal injury law. It’s best practice to contact a lawyer as soon as a personal injury accident happens to discuss your options moving forward.
One of our experienced personal injury lawyers will have the skill to help you navigate the complexities of the law and get the highest settlement possible.
Our knowledge of how insurance companies work gives you an advantage in your car accident case. Also, we don’t charge any fees unless we win your case.
Don’t Handle A Car Accident On Your Own
If you suffer nerve damage from a car accident, then you may be able to pursue compensation for your injuries. But, you could not know all of what you’re entitled to by law. And miss out on the compensation that you deserve.
Yet, you don’t have to struggle through the legal process by yourself. Your auto accident attorneys have the knowledge and skills to help get you the settlement that you deserve.
Contact our offices today to arrange a case analysis with a RHINO Lawyers’ attorney at no cost to you.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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What Happens if You Have Multiple DUIs?
With over 32,000 DUI arrests as of 2020, Florida accounts for 3% of all DUI arrests made in the country. DUIs in the Sunshine State are severe and carry increased penalties for every subsequent conviction. Even more, it’s highly likely that the prosecution will be extremely aggressive.
If you were charged with DUI in the past, getting charged again may trigger strong emotions. Every prior DUI charge on your record will raise the odds and consequences. So, what should you expect from the justice system in such a predicament?
Read on to find out.
Florida DUI Penalties
Your record and the circumstances surrounding the offense will determine the sentence for a DUI conviction. These circumstances include your blood alcohol content (BAC), liability for the accident, and passengers in the vehicle.
A BAC exceeding 0.15 percent will attract higher fines and lengthy jail sentences. The court may also require you to use an ignition interlock device.
Penalties for a first DUI if your BAC was below 0.15 percent include a maximum fine of $1,000, 50-hour community service, and enrolment in a level one DUI program. Other penalties include a six-month jail sentence (with one year of probation), license revocation for 180 days to one year, and your vehicle being impounded.
Penalties for Second DUI with a BAC below 0.15 Percent
A second DUI conviction will attract a maximum fine of $2,000 and license revocation for 180 days to a year. You may also face a 9-month jail term (with a year of probation) and attend a level two DUI school. Expect your vehicle to be impounded for 30 days and an ignition interlock device installed in your car for six months.
If you commit the second DUI within five years of the first charge, you will spend a minimum of ten days in jail. The authorities will also revoke your license for five years.
Penalties for Multiple DUIs
Your DUI charge will be considered a felony if you face a third DUI in ten years of your previous two convictions. The same will apply if you face a fourth DUI charge.
Penalties for a felony DUI include a maximum fine of $5,000 and license revocation for ten years. You may also face a 5-year prison term with a minimum 30-day jail sentence.
Other multiple DUI penalties in Florida include your vehicle being impounded for 90 days, having an ignition interlock device in the car for two years, and enrolling in a level three DUI school.
Paths to Take When Facing Multiple DUIs
Your options for navigating multiple DUI charges are few since the penalties are severe. You may have to take a plea deal and accept the potential consequences. With the help of a lawyer, it’s possible to have the charges withdrawn for lack of evidence before the trial date.
You can negotiate for a reduction of charges with your counsel’s help. If others fail to work, fighting the charges head-on at trial can be the last option.
How to Improve Your Chances of Beating The Case
A good defense strategy can increase your chances of beating a DUI case. All that matters in the defenses is the facts of the case. And the right person to help you argue your case in court is a DUI defense attorney.
Your attorney may argue a lack of reasonable suspicion during the traffic stop. They may also suggest that the arresting officer followed improper procedures before the arrest. Other defenses include evidence mishandling and reasons invalidating the breath test results.
Effects on Your Criminal Record
Since DUI qualifies as a criminal charge, each conviction results in a felony or misdemeanor on your record. Multiple DUI convictions will stay on your record for life. They will appear in Criminal History Records.
Note: a DUI conviction will also appear on your background check and your criminal record for 75 years. And there’s no way to expunge the conviction.
Can You Still Get a Job?
Multiple DUI convictions won’t bar employers from hiring you. However, expect many employers to carry out background checks when considering you for a job position. Also, a lengthy driver’s license suspension can make it hard to find employment.
Since Florida is considered an at-will employment state, you risk getting fired from your job due to a DUI arrest or conviction. The termination will depend on your occupation, industry, employer’s policies on DUI, and your existing relationship with the employer.
You risk losing your job after being convicted for multiple DUIs for several reasons. First, since you will be spending a lot of time in court, it will be difficult to maintain your work schedule. Jail time and attending DUI school will also put you out of work.
How Multiple DUIs Impacts Other Aspects of Your Life
Multiple DUI convictions may make it harder for you to secure rental housing. This is because landlords do background checks, and some aren’t accommodating to tenants with a criminal record.
If you are yet to become a US citizen, a subsequent DUI conviction can take a toll on your immigration status. You risk facing deportation depending on the circumstances behind the DUI charge.
You may also lose your right if the DUI charge qualifies as a felony. The authorities may also revoke your rights to own a firearm due to multiple DUI convictions. Other life aspects that may be affected include child custody disputes, obtaining a professional license, and getting auto insurance.
Need Legal Help When Facing Multiple DUIs?
Facing multiple DUIs can make your life more complicated and risk your freedom. But with the right legal representation, this experience will be less daunting. Your attorney will help with the negotiations and defenses to improve the outcomes.
Trust RHINO Lawyers with your case, whether it involves criminal defense or personal injury. Our attorneys will involve you in developing unique strategies to help your case. Schedule a free case analysis now to get the answers you need.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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How Pregnancy Can Affect Your Personal Injury Claim
Pregnant women rarely hear about the risks of driving while they’re expecting. And yet, some estimates say that 5,000 fetal deaths occur yearly from car crashes.
This number could potentially be higher since miscarriages occur in 10%-20% of pregnancies during the first trimester. As such, legal authorities only document miscarriages that occur after the twentieth week.
Car accidents can be jarring and traumatic for pregnant women, even when their babies survive. A significant impact poses a substantial risk to your child.
That’s why it’s crucial to know how to file a personal injury claim as a pregnant woman. These claims can help you receive compensation for personal injuries, including the medical treatment you need.
Filing a pregnancy injury claim differs from filing a personal injury claim. But don’t let that scare you! We’ll provide the essential information about this process in the guide below.
Common Threats to Pregnant Women Caused by Accidents
Several types of accidents can pose a threat to expecting mothers. The injuries you sustain depend on how severe the accident was.
Unfortunately, several of these threats can also extend to your baby and its delivery. We’ll explore some of these threats so you can understand their potential risks.
Premature Delivery
First, you could experience premature birth. Doctors consider any delivery before 37 weeks a premature birth.
Medical studies indicate that accident victims have higher rates of premature labor than women who haven’t experienced an accident. Unfortunately, premature babies can struggle to survive, given their underdevelopment.
However, medical technology has advanced significantly. Many premature babies manage to survive and live healthy lives.
Mothers also face a higher likelihood of high-risk pregnancies when they experience car crashes. These complications require diligent monitoring by a physician to ensure the birth goes smoothly.
Placental Abruption
Another threat that an accident can cause is placental abruption. A forceful impact could cause your placenta to split from the uterus before the baby’s birth. Roughly 15% of babies with placental abruption die, making this a severe threat.
Miscarriages
The final threat we’ll discuss is a miscarriage. Miscarriages involve the death of the child in the womb.
This tragedy usually happens when a mother experiences a sudden or violent force. In many cases, the baby tragically cannot survive this trauma.
How Do These Problems Affect Your Personal Injury Claim?
When pregnant mothers become injured in accidents, several things must follow. First, you must seek medical treatment as soon as possible. The extent of this treatment could vary depending on the nature of your injury.
The type of injury you sustained could require additional medical costs. For example, you may need a Cesarean section for some of these injuries. This procedure can cost a significant amount of money.
Furthermore, there are other costs to consider. The problems listed above could cause birth defects to impact your baby. So, your child may need more medical attention, which costs more money.
If your child suffered a birth defect or injury due to a pregnancy accident, there are some options for claiming compensation. Some of these compensational expenses could cover:
- Surgeries
- Prescription medication
- Occupational therapy
- Physical therapy
You can also claim compensation for the time you spent out of work recovering from injuries. In these cases, the offending party may owe restitution for your lost wages. The same holds for the time taken off work to care for your child.
Compensation for Emotional Damages
Insurance companies often look specifically at medical bills when determining the amount of compensation they owe. However, physical injuries aren’t necessarily the worst thing sustained from a pregnancy accident.
After all, expecting mothers always have high hopes for their baby’s health. Accidents that jeopardize their health often leave expectant parents traumatized or anxious.
These emotional damages could earn you additional compensation when you go to court. Injured mothers tug at jurors’ heartstrings more than an insurance company that wants to withhold payments.
What Happens If Experiencing a Car Accident While Pregnant Causes a Miscarriage?
Tragically, miscarriages can occur because of car accidents. This outcome is the worst-case scenario, surpassed only by the death of the expecting mother.
So, what happens if you undergo a miscarriage because of a car accident? Unfortunately, many states will not allow you to bring a wrongful death lawsuit on behalf of that child.
Most states in the US require a child to be born alive before its death for you to bring this charge. There are a few exceptions to this rule, however. For example, Texas’s state law allows parents to bring a wrongful death lawsuit to court for an unborn baby.
Hire a Lawyer to Make Your Case
Once you receive your medical attention, start searching for a lawyer who can make your case in court. Your lawyer serves as your advocate against the offending party’s insurance company. They will make your case to the jury that this insurance provider owes you the money you demand.
The question is, how can you find the best lawyer for your case? There are a few critical criteria to use in your search.
First, it often helps to have a lawyer from your locality. These lawyers understand your local and state laws thoroughly. So, search for lawyers in your area who can handle your case.
Then, narrow your search by looking up a law firm’s reviews. How did other people in your situation judge this firm’s services? Did they get the compensation they required with this law firm?
Lastly, it helps to verify that your law firm has experience with cases like yours. So, check with this personal injury lawyer to see if they specialize in this type of personal injury lawsuit.
Consider Working With Us
Filing a personal injury claim is no small task. This work is your best chance at receiving the compensation you require for your injuries.
So, don’t leave your personal injury lawsuit to just anyone. Instead, work with our dedicated team to ensure you get the money you deserve.
We have an excellent track record of getting our clients their due compensation. We also strive to make it easy for people to receive a consultation about their cases.
To that end, consider scheduling a free video consultation with us today! You can use this time to tell us about your case and ask any questions before filing an injury claim.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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What Are the Penalties for Fleeing and Eluding in Tampa?
There’s a huge, palpable feeling of fear during a traffic stop, and that anxiety goes both ways!
Citizens fear police consequences and violence, while police also fear what they’re facing. This fear drives both parties to protect themselves. For some, this instinct to flee could result in criminal charges like eluding an officer.
Make no mistake about it, though. You won’t be able to use instincts as a defense against fleeing and eluding charges. You’ll need to construct a much better defense to avoid fleeing and eluding penalties.
Are you wondering what potential penalties you could face after an arrest? Read on to get informed.
1. Prison Sentence
Immediately upon getting arrested for fleeing to elude a charge, you’ll get taken to jail. Within a few days, you’ll have an initial hearing where a judge will set a bail amount.
For many, this is a relief because they can make bail and work on a defense strategy. For countless others who can’t make bail, it means an extended prison term until their court date.
The Bureau of Justice reported that 65% of inmates were awaiting trial in 2019.
When you’re charged with fleeing to elude, you should expect bail to be significant. After all, the judge will see you as a flight risk since you are already accused of trying to run away.
What’s more, your charges are a felony crime. These serious offenses come with higher bail amounts.
If you do get convicted, then you’ll serve even more prison time after your court date. In Tampa, you can serve up to five years in prison for fleeing and eluding.
2. Probation Term
If no aggravating factors exist in your case, then you might not serve much prison time. Instead, you could get sentenced to a very long probation term.
Per Tampa law, you can serve up to five years on probation for general fleeing to elude convictions.
Probation means that you will not get imprisoned, but you’ll still face restrictions. Expect to meet with your probation officer on a weekly or monthly basis. You may also be subject to the following terms:
- Allowing probation officers to come to your home or workplace
- Remaining employed during probation
- Paying any court-ordered restitution, penalties, or fines
- Not traveling outside of the county or city
- Submitting to drug or alcohol testing
- Refraining from committing any new crimes
- Not possessing or buying any firearms
Any violations of your terms of probation could lead to your arrest. You’ll face more criminal charges and likely end up in prison or jail.
What’s more, felony probation is stricter than other types of probation. Expect more frequent and intense monitoring.
3. Fines
As if imprisonment or probation weren’t enough, you’ll face more criminal consequences. These will come in the form of significant court fines and penalties.
With eluding charges, expect to face fines of up to $5,000. If sirens were activated and you were driving recklessly, then the fine might double.
Did you actually cause an accident while fleeing? Were others injured, or was property damaged? If so, then you might face more financial penalties in civil court.
If injured individuals seek out a claim, then you might be liable for their losses. In that case, you’ll need to stay up to date with this civil settlement to remain in good standing.
4. License Suspension
Another consequence of your arrest will be an automatic license suspension.
This suspension can last anywhere from one to five years. You will not have driving rights, which could impact work and personal relationships.
You do have the right to a DMV hearing if you request one, though. You’ll need to request this hearing within 30 days of your arrest. Otherwise, an automatic suspension will occur.
There’s a chance you can ask for a hardship license, which will allow you to get to work. This will only work if you have a stable job, though. It’s best to hire a lawyer to help with your DMV hearing.
5. A Loss of Civil and Constitutional Rights
All the penalties above are harsh, but they aren’t all you’ll contend with. Fleeing a traffic stop is a felony offense.
Felony arrests come with very specific consequences. If you get convicted, then you could lose certain civil and Constitutional rights. After your conviction, you’ll lose the following rights:
- Voting
- Possessing or owning a firearm
- Unrestricted international travel
- Ability to serve on a jury
- Applying for public assistance or housing
- Right to be free from discrimination for employment purposes
- Right to qualify for financial loans
Per Florida law, losing these rights is automatic and instant if you get convicted. Any violations of these conditions will result in more criminal charges against you.
It might be possible to regain your rights in the future if you expunge your record. This process is long, tedious, and not guaranteed. If you’re considering expungement, then you’ll want an attorney’s help.
6. A Loss of Future Opportunities
The criminal and civil penalties of a fleeing and eluding conviction are hefty. As if that wasn’t enough, you’ll likely suffer personal consequences for years to come.
Convicted felons struggle when it comes to finding stable employment. What’s more, your personal relationships will suffer after prison or probation.
Even once you’ve served your time, the ghost of your conviction will limit your opportunities. You might feel limited in where you can work, live, and be yourself.
Coping With Fleeing and Eluding Charges in Tampa
The penalties associated with fleeing and eluding an officer are significant. Considering your charge is a felony offense, the consequences couldn’t get much worse!
From prison time to losing civil rights, your sentence could be harsh. The best way to avoid the worst penalties is to hire a criminal defense lawyer to help.
Here at RHINO Lawyers, we value your freedom and understand what’s at stake. We’ll fight to work towards the best possible legal outcome in your situation.
Leave your contact details on our form now for a free case evaluation.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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What Is Considered Property Damage in a Car Accident?
Crashes don’t just dent your fender. They dent your wallet as well! The average cost of a car accident that results in property damage only is $4,700 per vehicle. That may be a few months of rent where you live.
You need to take property damage in a car accident seriously. One tricky thing about property damage is that it can mean a few different things.
What exactly is vehicle damage and personal belongings damage? How does damage to public property impact compensation claims? Can you get money for injuries to your pet?
Answer these questions and you can get the compensation you deserve after any car accident. Here is your quick guide.
Vehicle Damage
As you might imagine, the most substantial property damage from a car accident is usually the vehicle. A fender bender can damage your bumper as well as your suspension and tires. It may cost you hundreds of dollars to get repairs, and you may not be able to drive your car for a few hours.
A more serious collision can cost you thousands of dollars. You may need to take your car to a repair shop and use a rental for several days.
Even if your car seems fine, you may have damaged bolts or parts inside your engine. You should always evaluate your car after any collision and determine if everything is okay.
Florida is a comparative fault state. This means that compensation is tied to degrees of fault for the accident. If you sustained $10,000 worth of damage but you were at 30% fault for the accident, you can only receive $7,000 in compensation.
If your vehicle got totaled, you can receive money equivalent to the fair market value for your car. This lets you buy a new car, as the cost of repairs may exceed the cost of a new vehicle.
Personal Property
You can get money for anything that requires repairs or replacements after an accident. This includes electronics, clothes, audio equipment, and other personal effects.
The key is that you have evidence to back your claim up. You should have papers detailing how much each item costs and what the damage to each item was like.
It is okay if your property did not cost very much. You can go to a small claims court and file a lawsuit against the other driver to claim money back.
In a small claims court, you must prove that the other driver was negligent. You can point out that they caused the accident and did not act with appropriate care. They may have been speeding or using their phone while driving.
You can represent yourself in a small claims court, or you can ask a car accident property damage attorney to help you out. They can use their legal experience to build a case for you, or you can ask them questions about how you can build your own case.
You can receive compensation for the damage that occurred on your property. If a driver knocks down a fence or a tree on your property, you can get money to fix the damage.
Public Property
Public property includes roadways, road signs, sidewalks, and other pieces of land regularly used by the public. Many car accidents result in damage to public property.
The at-fault driver will need to pay for these damages. They may also be charged with damages to public property, which can lead to significant fines.
Damage to public property does not affect your property damage claims. Even if a judge determines that the driver damaged public land, they may not determine that the driver is responsible for damaging your property.
Both drivers in a collision can be held accountable for damaging public property. You may have swerved onto a sidewalk, causing a tile to chip. Even if you were not at fault for the accident, you may need to pay for the damage to the sidewalk.
You should contact a car accident lawyer for property damage if you are accused of damaging public property. If you can show that the damage was an unintentional outcome of the accident, you may not need to pay. The force of the collision may have pushed your car onto the sidewalk.
Pet Injuries
Injuries to your pet count as property damage. You can receive compensation from the other driver’s liability coverage. If you have pet insurance, you may also get money to cover the cost of surgeries and medical treatment.
You should take steps to protect your pet while you are driving. You should restrain your pet with a seatbelt or put it in a cage so it cannot escape.
Some car accident insurance policies do not cover injuries to reptiles, fish, birds, and other pets. Take a look at your policy to see what it covers and try to buy another insurance package that protects your pet.
The signs of injuries for a pet may not be apparent. Some pets hit their heads. Which can cause internal bleeding that takes a few hours to become fatal. You should always take your pet to the veterinarian to have them checked out.
The Essentials of Property Damage in a Car Accident
Property damage in a car accident can cost thousands of dollars. That’s because it includes damage to your vehicle, your personal belongings, and your pet.
You can receive money for any of these damages, but you need to have proof to back yourself up. Plus, you need to show you were not at fault for the accident, and you must have paperwork regarding the damages. You also need to defend yourself against claims that you damaged public property.
The best way to build a case is to get a lawyer. RHINO Lawyers serves Florida residents. Contact us today.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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When Can Tampa Police Search Your Car?
On average, police pull over 50,000 drivers every day in the US – that’s more than 20 million motorists each year. So if you see those flashing lights and get that sinking feeling in your stomach, you’re far from alone. But the police have rules they must follow during a traffic stop.
But if you’re a Tampa motorist, it’s good to know what the law says about lawful and unlawful searches. The police are not authorized to stop you and search your car for just any reason. They need to have lawful grounds before they proceed.
Let’s take a look at when the Tampa police are within their rights to search your car.
Do Tampa Police Need a Warrant to Search Your Car?
In short, the answer is yes, they usually do.
If the Florida police search your vehicle without a warrant any evidence they produce will likely be inadmissible in court. To obtain a search warrant, the police must convince a judge that there is probable cause to believe either:
- A crime is in progress
- They will be able to uncover evidence of a crime in that location
The police provide an affidavit – a written statement given under oath. The suspect does not have an opportunity to contest the warrant at this point. However, they may be able to do so later.
Some grounds for issuance of a search warrant include:
- Recovery of stolen property
- Items used in criminal activity
- Items of an obscene nature or related to gambling
- Violates laws relating to the manufacture, sale, and transportation of intoxicating liquor
- Violates food and drug laws
You have a right to retain a duplicate copy of the original search warrant and an inventory of any property seized.
Even when the police have a warrant, they are not authorized to go beyond its terms. They may only search for the item or evidence specified on the warrant. However, if they find other evidence or illegal materials during the course of this search, they may seize them.
When Can Tampa Police Conduct a Vehicle Search Without a Warrant?
There are several scenarios in which a Tampa police officer may be able to conduct legal searches without a warranty. These include providing consent, probable cause, search incident, and emergency purposes.
Providing Consent
At a traffic stop, a Tampa police officer may request your explicit permission to search your vehicle. If you provide it, they may legally proceed with the search.
However, you have the right not to be coerced or intimidated into giving consent. If you feel that this was the case, talk to your lawyer about this.
Probable Cause
During a routine traffic stop, the police officer may feel that something is amiss. For example, if they catch sight of contraband in plain view, that is probable cause to search your vehicle. They may also smell drugs and that would constitute probable cause.
If they have reason to suspect that you have contraband in your vehicle, they may only search where it may reasonably be stored. Drugs can be stored anywhere, so in this case, the officer would have the right to search the entire vehicle.
Incident to an Arrest
To protect law enforcement officers, they may search your vehicle for weapons or other evidence during the course of an arrest. For example, if the police are arresting you for possession of contraband, they can use this power to search your vehicle. This serves several purposes:
- Protecting the police officers
- Preventing escape
- Preserving evidence
If you are arrested for any lawful reason, the police have the right to perform an inventory search on your vehicle. The purpose of this search is not to find contraband or evidence. But if the police do find this, it could form part of the case against you.
Emergency Purposes
Obtaining a search warrant takes time. If the police officer judges that the delay would put the public’s safety at risk or could result in evidence being destroyed, they may search your vehicle.
What to Do During Tampa Police Vehicle Searches
Vehicle searches can be very stressful even when you have got nothing to hide. It’s very important to remain calm, respectful, and cooperative.
Remember, you have the legal right to withhold consent for the officer to search your vehicle. Under these circumstances, they would have to use one of the other reasons mentioned above for performing the search.
During the traffic stop, you are not legally obliged to answer questions relating to:
- What is in the vehicle
- If you are under the influence of drugs or alcohol
- If you are in trouble for any other reason
The police could use your answer to these questions as probable cause to search the vehicle. Although you do not have to provide information, you must also not lie to the police.
If the Search Goes Ahead
If the Tampa police feel they have established probable cause or another reason for performing the search, do not confront them or attempt to stop the search. You may calmly restate your refusal to provide consent, which should be recorded on their body camera.
Remain calm throughout and feel free to note down details that you may find useful later.
Unlawful Search and Seizure
We all appreciate the hard work and dedication of Tampa police officers. However, they may not violate the law or our civil rights. If you feel that your search and the seizure of any goods from your vehicle were unlawful, follow this up with an attorney who can investigate your case.
Your attorney will be able to gain access to body cam and dash cam footage of the incident. If the search was unlawful, he or she can file a motion to have illegally obtained evidence thrown out.
What to Do if Tampa Police Unlawfully Search Your Car
If your vehicle has been unlawfully searched by the Tampa police, you need help from an attorney.
At RHINO Lawyers, we’re here to review your case and provide any legal assistance you may need. Call us today at (844) RHINO-77 or contact us online for a free case review.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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