I Wasn’t In the Crosswalk, Do I Still Have a Case?
One pedestrian was killed in an accident every one and a half hours in 2020, making up one in six total road deaths.
Pedestrians are a lot more vulnerable. But victims of pedestrian accidents aren’t second-class citizens in the world of personal injury claims. While pedestrians must obey the rules of traffic and use a crosswalk where available, it doesn’t help the complexity of the situation.
Read on to learn why crosswalks aren’t everything in pedestrian accidents.
Can I Get Compensation if I Wasn’t on the Crosswalk?
Crossing without a crosswalk doesn’t preclude pedestrians from compensation in the event of an injury. Sometimes a crosswalk isn’t available. This means a driver should yield to pedestrians and drive with care in pedestrian areas. Failure to do so is negligent behavior.
The compensation question ultimately comes down to a question of fault. Whose fault is an accident, and how to prove that fault?
How Do the Courts Know Who Is at Fault?
Determining who’s at fault in a jaywalking accident depends on several factors and rests upon comparative negligence, which we’ll explain below.
In short: The courts decide to what degree the driver is at fault. If the driver bears no responsibility at all, then they won’t owe compensation. One of the crucial factors in determining fault is the driver’s state at the time of an accident.
Drivers are more likely to be considered negligent if:
- They exceed the speed limit
- The driver is distracted while driving
- They are driving under the influence of drugs or alcohol
- They fail to observe a pedestrian’s right-of-way
Many personal injury cases settle out of court. When they go to court, a jury reviews the available evidence and decides who’s at fault.
To prove that a driver is to blame for an accident, the plaintiff must show that the driver owed care of duty to them. As well as, the driver’s failure to provide that care caused the accident (and resulting injury).
How Likely Am I to Win?
Plaintiffs in personal injury cases related to auto accidents win more than 60% of the time. That said, many attorneys will recommend you accept a settlement if offered to you. Because there’s no risk of a loss, where you would otherwise walk away with nothing.
Florida’s Pedestrian Laws
Pedestrians in Florida abide by Florida’s pedestrian laws, and they factor into the strength of your case. Generally, pedestrians are expected to:
- Obey traffic signals where available
- Use sidewalks and crosswalks where available
- Avoid running into the road
- Avoid crossing intersections diagonally
- Use pedestrian tunnels and overhead crossings where available
- Stay off of highways and freeways
How Right-of-Way Impacts Your Case
Drivers who fail to yield to a pedestrian with right-of-way are far more likely to be considered at fault in an accident. Demonstrating that you had the right-of-way will strengthen your case.
However, pedestrians aren’t automatically granted right-of-way. Drivers must yield to pedestrians at crosswalks. They’re also expected to yield in other places:
- Intersections with stop signs
- Intersections with traffic signals, if the signal indicates a pedestrian can cross
Duty of Care
Drivers have a duty of care to pedestrians – they’re expected to do everything in their power to avoid causing injury. This includes slowing down, switching lanes, honking a horn, and coming to emergency stops.
In other words, a driver who doesn’t honk, brake, or show any intent of preventing injury is failing to provide their duty of care. That’s true even in the event a pedestrian runs out in front of them.
It’s the degree of comparative negligence that makes all the difference.
How Does Comparative Negligence Work in Florida?
The state of Florida uses the comparative negligence rule. In auto and pedestrian accidents, the amount of blame that falls onto each party affects the damages owed.
For instance, if a court finds a driver 70% at fault, then the person hit by a vehicle receives 70% of the compensation. In most cases, that means your insurance provider would cover 30% of the damages, while the driver would cover the remaining 70%.
The comparative negligence rule is a method of considering all facts and reaching an equitable outcome. But, if they show you to have a majority of the fault, it may be more difficult to collect damages.
At times, the comparative negligence ruling can cause all parties to claim damages. But in the case of pedestrian injuries (where it is unlikely for the driver to sustain an injury), this rarely occurs.
How Much Compensation Can I Receive?
The compensation owed to victims of a vehicle accident varies based on the nature of the accident itself. By their nature, pedestrian accidents often result in more serious injuries, including:
- Broken limbs
- Broken bones
- Lacerations and cuts
- Organ damage
- Head injuries
The severity of the injury is the determining factor in the compensation due. On average, personal injury lawsuits across all auto accidents amount to $29,000 – though every case is different and the amount due can vary by a lot.
Documentation of the damages is also important and proving that they resulted from an accident is crucial. Suffering from whiplash, cuts, and bruises alone isn’t enough – you need to be able to prove it to the court.
The best way to learn how much they owe you in damages is to speak with a qualified attorney. Especially, one who focuses on personal injury claims.
Receive Fair Compensation for Your Injury
Crossing without a crosswalk can complicate your claim – but won’t leave it dead in the water. Although, it’s one of many factors in establishing blame. Luckily, a high-quality law firm will build a case from all the facts to ensure you receive compensation for your injuries.
If you have suffered a personal injury as a pedestrian, we can ensure you get the compensation you deserve thanks to our inside knowledge of the insurance companies. We value human-to-human interaction and connect with our clients on a personal level. Click here to book a free video consultation or case review.
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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Understanding Florida’s Medical Malpractice Laws
Every year, people around the United States spend over $10 billion on the medical malpractice insurance industry. More than 8,000 people in the country work at more than 200 businesses to help provide people with insurance against the possibility of medical malpractice.
Those numbers show just how vital it is for many people to protect themselves against medical malpractice. The complexity of medical malpractice laws can make this difficult. It can even be difficult for a layperson to know whether or not they have suffered from medical malpractice in some way or not.
So what exactly is medical malpractice, and how does Florida deal with it? Read on to learn all about the essential things to understand about Florida’s medical malpractice laws!
What Is Medical Malpractice?
Some people think that anytime a surgery or medical treatment goes wrong, that is a case of medical malpractice. However, there are many cases in which a failed surgery does not have anything to do with the doctor making a mistake.
Instead, medical malpractice first requires a doctor to be responsible for providing a minimum standard of care. Then, they have to fail to do so in a way that causes significant damage to a patient.
Malpractice Law Details
To assess whether or not a situation counts as medical malpractice, there are three legal factors you need to consider in Florida. They are the breach of the standard of care, direct causation, and damages.
The standard of care legal doctrine states that doctors have a responsibility to provide a minimum standard of quality when they are treating their patients. If a doctor fails to provide this minimum standard of care, then they may be guilty of medical malpractice.
A doctor may fail to provide the necessary standard of care if they are negligent and do not pay close attention while providing treatment. However, even if a doctor does this, that does not automatically mean that they are guilty of medical malpractice.
The second legal requirement for medical malpractice is the proximate cause. In other words, the failure of a doctor to provide the required minimum standard of care has caused damages of some kind to the patient.
The last legal requirement for medical malpractice is damages. If there are no damages, then there is no viable case. That’s true even if a doctor did make a mistake while providing treatment.
Another detail to keep in mind is that different doctors can be required to meet different minimum standards of care. For example, a specialist might be expected to provide a higher standard of care than a generalist.
It is also vital to remember that Florida places a statute of limitations on medical malpractice cases. In Florida, patients have up to 2 years to file a suit for medical malpractice. The deadline for filing starts as soon as the patient discovers the harm that they have suffered due to poor medical treatment.
Different Kinds of Malpractice
There are a lot of mistakes that can make a doctor guilty of medical malpractice. For example, they might not diagnose their patient’s condition. This will only count as medical malpractice if the court decides that the doctor should have been able to diagnose the condition in question.
Doctors can also be guilty of medical malpractice when they prescribe the wrong medication or dosage for a patient. In other cases, doctors will make a mistake while performing surgery.
Not all surgical mistakes count as medical malpractice. However, some surgeons make mistakes like leaving a tool inside the patient. Some even operate on the wrong part of the body.
When the mistakes that a doctor makes are egregious enough, they may be guilty of negligence. If they are the proximate cause of significant damages, that can lead to medical malpractice.
Calculating Damages in Malpractice Law
When a doctor is guilty of medical malpractice, the patient will often receive economic compensation of some kind. However, any good malpractice guide will emphasize that the amount that a patient receives during a lawsuit can vary a lot. The larger the damages, the larger the potential compensation a patient will receive.
If a patient suffers from chronic pain or mental anguish, that can increase the amount of compensation they will receive. Anything that diminishes a patient’s quality of life can also contribute to the amount of their compensation.
Finding the Right Malpractice Lawyer
Some kinds of lawsuits are more difficult to win than others. As you read through lawsuit guides, keep in mind that your lawyer will do most of the detailed work. The most effective thing you might be able to do to affect the outcome of your case is to make sure to find a quality lawyer.
You can look at reviews for medical malpractice lawyers to help you find a great option. The more experience your lawyer has working with cases like yours, the better the chance that your case will succeed.
Understand Florida Medical Malpractice Laws
Although the medical malpractice laws in Florida can be complicated, we hope that this article has helped clarify them for you. The better you understand Florida’s medical malpractice laws, the better you can assess if you should file a lawsuit. Of course, speaking with a lawyer is the best way to help you assess how likely your case is to succeed.
To learn more about where you can find an experienced medical malpractice legal counsel, reach out and get in touch with us at any time!
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, 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 case.
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 Do You Prove That the At-Fault Driver Was Texting and Driving?
Even though 48 states have laws that ban texting while driving, around 16.2% of drivers have committed the act while behind the wheel. Texting is a form of distracted driving since the driver takes their focus off of the road and onto their mobile device. Many people think it’s safe to text while at a stoplight, but it’s still very dangerous.
You or a loved one might have recently been in a car accident where you sustained major injuries. You could have strong reason to believe that the other driver was texting and driving at the time of the accident. But how do you prove that they were?
This guide will discuss the various ways to prove that the at-fault driver was texting at the time of your vehicle accident. We’ll also talk about why it’s important to work with a car accident lawyer in Florida.
Get the at-fault Driver’s Cell Phone Records
Driving while texting is a primary offense in Florida. One of the best ways to show that the at-fault driver was texting is with their cell phone records. Their cell phone records can show you the following information:
- If they were on their phone before the accident
- Whether they were sending or receiving text messages
The driver’s cell phone records aren’t public information. Your lawyer will have to subpoena them. If their phone records show that they were sending or receiving text messages at the time of your vehicle wreck, that could indicate that they were a distracted driver.
Gather Eyewitness Testimony
Any nearby witnesses at the scene of the accident might have seen the other driver texting. These individuals can testify and give statements on your behalf. Their information can corroborate other evidence, including cell phone data.
Eyewitness testimony is great evidence you can present in your case. That’s because eyewitnesses are third parties that don’t have a stake in the outcome of your case. They’re considered to be objective individuals that provide truthful information.
If you notice any witnesses at the scene of your crash, get the following details from them:
- Name
- Phone number
- Email address
- What they saw
Evidence at the Accident Scene
Gathering evidence from the scene of your car accident can further prove your case. If you’re able to, take videos and photos of everything involved in the crash. Ask someone else to do it if you’re injured or unable to get this evidence.
Visual records of the accident site can show that the at-fault driver was distracted. For example, no skid marks at the collision spot indicate that the other driver didn’t brake. That might mean they weren’t paying attention right before the crash.
Review the Police Report
The easiest way to prove an at-fault driver was texting while driving is by getting them to admit it. They might have told the reported officer at the scene that they were texting. You’re required to notify the police after you’ve been in a car accident where one of the following occurred:
- Someone was injured
- Someone died
- Property damages amount to more than $1,000
Calling the police after a car accident, even if none of the above occurred, is still important. That’s because officers are required to create a police report after visiting the scene of an accident.
Read through the police report to find out if that information is in there. The police report could also include details you might have missed at the scene of the accident. Some of the details that might be included in a police report are:
- Notes about the accident
- Descriptions of injuries
- The initial idea of who’s at-fault
If the police officer believes that distracted driving was a factor in your car accident, they’ll note that in their report.
Explore Car Accident Reconstruction
A car accident reconstruction expert can recreate the scene of your crash. They do this to determine what happened at the time of the collision. These experts can prove that the other driver wasn’t paying attention to other cars and the road while they were driving.
Car accident reconstruction doesn’t apply to every case. You’ll also need to hire an experienced person to complete this task. Your lawyer can advise if they believe this is the best course of action for your case.
Nearby Video Camera Footage
There might be video recordings of your car accident. Depending on where your car accident was, some of the places you might find videos include:
- Cell phone videos
- Traffic light cameras
- Police dash cam
- Security cameras at nearby businesses
Another driver or passenger might have filmed the crash by accident. These videos can be presented as strong evidence that shows the other driver was texting at the time of the accident.
Your car accident attorney can request videos from their owners to see if they include evidence that’ll strengthen your case.
Take the Necessary Steps After a Car Accident
Gathering information about the other driver isn’t the only important thing to do after a car accident. The steps you take are just as essential.
The things you should do immediately following an accident include:
- Call 911
- Get medical attention
- Document everything that happened
- Call an experienced car accident attorney
You might think that you’re not hurt after a car accident because you don’t have any visible injuries. Seek medical help regardless of how you look or feel. Some injuries take time to appear.
Failing to see a doctor after your crash could show the judge or other parties that your injuries weren’t serious enough. That action might affect the outcome of your case.
Prove the at-fault Driver Was Texting and Driving With an Experienced Attorney
While many drivers think texting and driving are harmless, it causes numerous injuries and deaths every year. There are many ways you can prove the other driver was being negligent at the time of your collision. Working with an experienced car accident lawyer can help you prove your case.
Collect the settlement amount that you deserve. The attorneys at RHINO Lawyers are here to guide you through the process. Get in touch with us today to schedule a consultation.
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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Can I Sue for Medical Malpractice if My Baby Has Cerebral Palsy?
Did you know that cerebral palsy is the most common of all motor disabilities that children experience? Somewhere between one and four out of every thousand newborns suffer from cerebral palsy.
Taking care of a baby with cerebral palsy can be difficult. Many people find it helpful to receive financial compensation to help them.
However, not everyone understands when it is appropriate to file a medical malpractice lawsuit or not. They wonder if having a baby with cerebral palsy constitutes grounds for a lawsuit. Whether or not it does has a lot to do with the technical definition of medical malpractice.
Read on to learn all about the most vital things to understand about medical malpractice and how it applies to babies with cerebral palsy.
Cerebral Palsy Medical Malpractice Lawsuits
The first thing to know is that some people file successful lawsuits based on their baby having cerebral palsy. However, some people make the mistake of assuming that because their child has cerebral palsy, they can automatically file a medical malpractice lawsuit. The truth is much more complicated.
Cerebral palsy is often a natural condition. However, in other cases, it is the result of preventable medical accidents.
Everyone makes mistakes, even doctors. However, if they make mistakes due to negligence, they are sometimes guilty of medical malpractice. So how can you know whether or not a cerebral palsy medical malpractice lawsuit makes sense in your situation?
When Is a Lawsuit Appropriate?
The law states that a doctor has to meet certain conditions to be guilty of medical malpractice. First, the doctor must have a duty or responsibility to provide quality medical care. That applies whenever a doctor agrees to take care of a patient.
However, the doctor must then fail to provide the required standard of care. This is what is known as a breach. If a doctor is negligent or otherwise fails to provide quality care, it is possible they have committed medical malpractice.
However, this breach of duty will not justify a lawsuit unless it also causes damages. If your baby has cerebral palsy, then that may be a strong sign that you have suffered damages. However, many babies have cerebral palsy for reasons that have nothing to do with medical care.
Even if a doctor breaches their duty and the baby has cerebral palsy, that is still not enough to justify a lawsuit. The last requirement is that the breach of duty directly causes the damages in question.
In court, your lawyer will need to make a case that the doctor failed to provide the required standard of care. Then, they will have to prove that this breach was a direct cause of your baby’s cerebral palsy.
Medical Case Malpractice Examples
So what kind of mistakes constitute a breach of a doctor’s duty? Sometimes, cerebral palsy is the result of an infection.
Doctors sometimes fail to detect and treat the infections that can cause cerebral palsy. In some cases, that is a reasonable mistake. However, sometimes an infection is so obvious that a doctor should be able to detect it.
If a doctor fails to detect it because of their own negligence, that can constitute a breach.
Doctors also need to decide when it is necessary to perform a cesarean section delivery. If a doctor does not make the right call about this, it may or may not constitute a breach. It will all come down to whether or not they should have known better.
Doctors may also commit breaches by failing to detect hypoxia or a prolapsed umbilical cord. These are only some of the most common ways that doctors breach their duty. Even if your doctor did not commit these specific mistakes, they may have committed others of similar seriousness.
Remember that there is a statute of limitations on filing a medical malpractice lawsuit. In Florida, you have up to 2 years to file your lawsuit. If you wait longer than that, you will not be able to file it regardless of whether or not the doctor committed medical malpractice.
Assessing the Viability of Your Case
Reading through medical malpractice lawsuit guides can only help you so much. The unique details of your case will determine whether or not you should file a lawsuit.
Based on what we have discussed, you may have some sense of whether or not a lawsuit makes sense in your situation. However, the assessment of a lawyer on this matter will be much more accurate. The sooner you can speak with a great lawyer, the sooner you can find out whether or not you have a viable case on your hands.
Remember that finding the right lawyer will affect whether or not you win your case more than almost anything else. Therefore, you should do your due diligence to find the right lawyer to speak with and hire. Consider looking at reviews for medical malpractice lawyers. They can help you find a lawyer with a track record of success for their clients.
Understand the Laws Relevant to Cerebral Palsy
If you have wondered about whether or not you can sue for medical malpractice if your baby has cerebral palsy, we hope that you have some idea of the answer now. Of course, you will not know if your specific case allows for a medical malpractice lawsuit until you speak with a lawyer. Although many people win lawsuits because they have a baby with cerebral palsy, you will need a great lawyer to maximize your chances.
To learn more about how to manage a medical malpractice lawsuit, reach out and get in touch with us here at any time!
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, 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 case.
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 Do I Need to Know About Medical Malpractice Cases in Florida?
Did you know that insurance companies received more than $800 million in medical malpractice premiums in Florida in 2021? That makes Florida the third largest state when it comes to medical malpractice premiums paid. Only New York and California exceed it.
However, that also means that there are a lot of details to understand when it comes to medical malpractice cases in Florida. Many people are so intimidated by the huge amount of information out there. So, they decide not even to bother pursuing a lawsuit. Other people are confident that they would not have any chance of winning a lawsuit. Even if they were to file one.
However, understanding some of the nuances of medical malpractice cases in Florida can make it clearer how you should proceed with your legal situation. Read on to learn about some of the essential things to know about medical malpractice in Florida!
Malpractice Cases Require Damages
Some people think of medical malpractice as a doctor making a mistake while providing treatment. However, not every mistake a doctor makes is medical malpractice.
Even if a doctor is negligent while performing their duties, that does not necessarily mean that they are guilty of medical malpractice. In particular, if a doctor makes a mistake, like prescribing the wrong medication, but it does not cause you any injury, then there are no grounds for a medical malpractice lawsuit. Without damages, the mistakes that a doctor makes do not provide grounds for compensation for their patients.
Florida Has a Statute of Limitations on Cases
Most people do not realize that there is a deadline for filing medical malpractice lawsuits. In Florida, the law states that people have to file their lawsuits within 2 years of when they knew or should have known that medical malpractice occurred.
This law is designed to encourage patients to bring their grievances against doctors quickly. The legal system does not want people to be filing lawsuits based on incidents that occurred many years in the past.
Although the exact application of this law will depend on the judge, the main point is that you cannot wait forever to file a lawsuit. It is important to decide whether you are going to file a lawsuit promptly.
You Need Proximate Cause to Win a Malpractice Lawsuit
Sometimes, a patient suffers damages after medical treatment, and they are correct in believing that the doctor was negligent while providing medical care. However, even this is not enough to make a doctor guilty of medical malpractice.
The missing ingredient here is the proximate cause. Your lawyer will need to prove to the court that the mistakes that your doctor made were the proximate cause of the damages you incurred.
You May Need the Best Medical Law Advice
Filing lawsuit cases is difficult and complicated in the best of circumstances. When you combine that with the complicated medical system, things can get even trickier. Most people will need the help of a skilled lawyer to help them just with the filing process of their lawsuit.
Some people imagine that they might be able to represent themselves in court. After all, if they can explain in simple and convincing terms what happened, shouldn’t that be enough to convince the judge and jury?
However, this view reveals a misunderstanding of the legal system. Someone may be able to present an extremely convincing argument in a normal setting without also being able to present a convincing argument in a legal court. That is why it is so important to have an exceptional lawyer to help present your case.
Unsettled Claims Go to Trial
Many medical malpractice lawsuits settle before going to trial. In other words, before asking a juror to evaluate the case, the patient receives compensation in exchange for not pursuing their case all the way to trial.
In fact, some people actually file lawsuits in the hopes that they will receive a settlement. They may not want to actually go through all of the effort and uncertainty of arguing their case in court.
However, if you file a lawsuit and do not settle before trial, then you will have to go to trial. If you don’t want to go to trial, then you may not want to take the risk of filing a lawsuit at all. There is never any guarantee that you will be able to settle before the trial.
Losing Parties Sometimes Get Second Chances
The losing party in a medical malpractice case has the option to appeal to a higher court. That means that the decisions of the first court are not always final. In other words, people filing medical malpractice cases sometimes get a second chance after losing their first court battle.
Understand the Essentials of Medical Malpractice Cases in Florida
The stakes are high when it comes to medical malpractice cases in Florida. The more that you understand about how the legal system deals with medical malpractice, the better you will be able to assess how you should navigate your legal situation. Keep in mind that almost nothing will affect the outcome of your medical malpractice lawsuit as much as finding the right lawyer to represent you.
To learn more about how a medical malpractice lawyer can help you, reach out and get in touch with us here at any time!
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, 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 case.
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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Are Electric Vehicles Safer In an Auto Accident?
Florida is now home to the second-most electric vehicles per capita. There are over 58,000 electric cars on Florida’s roadways, which is great news for emissions. The question is, is this great news for vehicle safety?
Getting into an auto accident is always distressing, especially if the accident resulted in serious injuries and significant property damage. Now, Florida drivers are wondering if electric vehicles could lead to more serious or frequent car accidents.
RHINO Lawyers do more than just represent victims of Tampa car accidents. We also make it a priority to stay on top of the latest auto accident statistics and news.
Read on to learn more about the safety of electric vehicles and how they’re impacting accident rates.
Are Electric Vehicles Safer for Drivers and Passengers?
When talking about vehicle safety, there are a few different factors to consider. One of them, and the one that tends to occupy car manufacturers the most, is how safe a car is for the people inside it.
So far, it seems that electric vehicles are just as safe for their drivers and passengers, if not safer, than conventional cars. These kinds of safety tests are completed by simulating several different types of accidents to determine how the car holds up and how the people inside the car would fare. So far, these tests have not revealed any unusual or serious risks that we don’t see in conventional vehicle safety standards.
In other words, electric vehicles don’t pose an outsized risk to the people who own or ride in them. However, that doesn’t mean that they’re safer for everyone else.
Are Electric Vehicles Safer for Others on the Road?
Many of the people who are concerned about electric vehicle safety are not the people who are driving electric vehicles. If you were to be involved in an accident with an electric vehicle, could it cause more damage?
The research on electric vehicle safety for others on the road is still in the early stages. There are many factors to account for when analyzing electric vehicle safety data, including the fact that they are still far outnumbered by conventional vehicles and they’re not as frequently used for long-distance driving. That said, there are a few factors that indicate that electric vehicles may pose more of a risk to others on the road.
Fast Acceleration
What many drivers don’t realize when they get behind the wheel of an electric car is that these cars accelerate quickly, quietly, and without a lot of force. Hitting the gas with the same amount of force in an electric car is going to cause faster acceleration than it would in a conventional car.
Without extra care, electric vehicle drivers may find themselves driving too fast too quickly, and their quiet motors can leave nearby drivers, cyclists, and pedestrians unprepared. Not only does this mean that there’s less time to react to the circumstances, but it can also lead to a high-force crash, which can cause more property damage and serious injuries.
Heavy Machinery
While those lithium-ion batteries cut down on emissions, they add a lot of weight. Electric vehicles are significantly heavier than their conventional counterparts.
This increased weight may contribute to the safety of the people inside an electric car. It also contributes to the danger others will face if hit by an electric car. Like cars moving at high speeds, heavy cars will strike other objects with more force, which can cause far more damage.
Are Electric Vehicles Involved in More Accidents?
So far, most of the studies regarding electric vehicle accident rates are coming out of Europe. This is, in part, because electric vehicles made a bigger impact abroad, and make up a larger percentage of all vehicles than they do here in the states.
What are these European studies telling us? It appears that electric vehicles may be involved in more accidents than conventional vehicles. As you might suspect, this statistic is linked to fast acceleration speeds.
While electric vehicles may come with a learning curve, it is still a driver’s responsibility to operate their vehicle in a safe manner. Trends aside, causing an accident by accelerating quickly is still negligent behavior.
What Should You Do After an Electric Vehicle Auto Accident?
Why does it matter that negligence is still in play when an electric vehicle causes an accident? Negligence is the key factor in car accident claims.
If you were in an accident involving an electric vehicle, proceed as normal. Contact the police and document the accident. Exchange information with the driver and seek medical attention.
Once you are able, contact an auto accident lawyer. If the accident was caused by another driver and left you with serious injuries and financial damages, you may want to file a car accident claim. Car accident claims can help you to recover the money you’ve lost to medical bills, a reduced capacity to work, and more.
Can the defendant argue that it was their electric vehicle’s fault and not their own? Chances are, this argument won’t hold up in court. At the end of the day, all drivers are responsible for safe driving habits.
Injured in an Accident? RHINO Lawyers Can Help
Are electric vehicles safer in an auto accident? It depends on whether or not you’re in it. While research is still in the early stages, we have reason to believe that accidents involving electric vehicles may produce serious consequences.
If you were injured in an auto accident in Tampa, don’t hesitate to contact us. We’ll schedule your free case consultation so that you can tell us more about the circumstances of your accident. If we believe that you have a case, we’ll do everything we can to fight for your compensation.
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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Can I File a Medical Malpractice Suit on the Grounds of Unnecessary Surgery?
Did you know that medical errors are the third most common cause of death in the United States? Medical errors and malpractice also account for many injuries and unnecessary procedures. If you are the victim of unnecessary surgery, you might be wondering if you can file a medical malpractice suit.
What do you need to file this kind of lawsuit? How can you know if this malpractice lawsuit is valid? Where should you start?
Keep reading and learn more about how it works below.
When Is Surgery Not Considered Necessary?
There is a fine line between necessary and unnecessary surgery. Suppose your doctor diagnosed you with a condition that you don’t have. This misdiagnosis leads the doctor to believe that you need to undergo surgery to treat this issue.
This is a form of unnecessary surgery. This is because you do not have the medical issue that would warrant surgical treatment. This could be medical negligence because the doctor did not diagnose you correctly.
Medical surgeries also need to be performed with the consent of the patient. If you never consented to the surgery in question, this is a big problem. This could be evidence of medical malpractice and can help strengthen your case if you were unaware of the risks.
You may also file a malpractice suit if the doctor operated on the wrong part of your body. Suppose you needed surgery on your right knee because of an injury but the doctor performed surgery on your left knee.
This surgery is unnecessary because your left knee was not the one that was injured. This is evidence of medical negligence as it shows the doctor was not paying attention, which led to a massive and unnecessary medical error.
Another problem is when the doctor does surgery on the wrong patient. You may be confused with another patient that requires surgery. The doctor can think that you are another patient based on an error in the paperwork or due to negligence.
The Details
There are also cases in which a doctor may prompt you to get surgery that you don’t need. The doctor may do this to make extra money off you. Suppose your hip is hurting and you suffer from the early stages of arthritis.
The right treatment may be physical therapy and some anti-inflammatory medication. But your doctor may insist that you need hip replacement surgery. This surgery may not be necessary but your doctor will insist that it is.
This surgery will make your doctor a large chunk of extra money but you could sue for medical malpractice if you can prove that this surgery was unnecessary. Choosing the wrong type of surgery to fix an issue may also be considered medical malpractice.
Suppose that you broke your foot. Your doctor tells you that you need invasive surgery to repair your foot so you can walk again. You may develop a serious infection after the surgery and your foot may need to be amputated.
You then discover that you could have opted for a less serious surgery that might have not led to such a drastic infection. It is possible to sue for medical malpractice over this. But how can you prove that surgery was unnecessary?
Hiring a Lawyer for Your Medical Malpractice Suit
Unnecessary surgery can give rise to a very serious medical malpractice lawsuit. The main way you can get justice for yourself is to hire a good medical malpractice attorney. This type of attorney is familiar with all the laws surrounding medical malpractice and negligence.
The lawyer can also help prove whether surgery was unnecessary. The lawyer will need to sort through the documentation of the surgery. It will also be necessary for the lawyer to become familiar with your health conditions and any injuries you may have.
The lawyer will also examine the doctor’s notes and how the doctor concluded that the specific surgery was the best option. It is also important for the lawyer to understand what the doctor said to you about the surgery. The doctor might have misled you regarding what the surgery was or why it was needed.
The doctor may have made it sound like a small and minor operation when it was something very serious.
What You Need to Know
You should also make it clear whether the doctor explained the risks of the surgery to you. But all this might not be necessary if there is clear proof that the surgery was unnecessary.
Consider that the doctor operated on your left leg when you needed treatment on your right leg. This is clear evidence of medical malpractice and negligence.
It is important to choose the right lawyer before proceeding with a medical malpractice suit. You need the best legal representation to ensure that you get the best compensation. This is why it is important to do your research before hiring a lawyer.
Hiring a lawyer at random is the worst thing you can do. They might not have the right experience or education for the job. Medical malpractice lawsuits can be highly specific and complex so ensuring you hire a true medical malpractice lawyer is very important.
Filing a Medical Malpractice Suit for Unnecessary Surgery
Unnecessary surgery is a huge medical error that you can sue for. Filing a medical malpractice suit can be complicated, but you can make it easier by hiring the right attorney. Having the right attorney on your side will ensure you get the compensation that you deserve.
To learn more about legal representation, check out our services.
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, 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 case.
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 a Loved One Dies In a Car Crash?
More than 40,000 people lost their lives in car crashes in 2021, which is a 10.5% increase from 2020.
Fatal car accidents are more common than most people think. This is why it is important to know that you are not alone if a loved one dies in a car wreck.
You’re probably feeling overwhelmed with a multitude of emotions, including shock, anger, and grief. Since there are many things that you need to do and decisions you need to make, it’s also normal to feel stressed.
To make things a bit easier for you, we’ve written a guide that breaks down what happens when you lose a loved one in a car accident. Keep reading to find out more.
Speak With a Doctor
You will need to speak with a doctor after your loved one has died in an auto accident. This is a necessary part of the process of determining the cause of death and documenting any medical treatment received.
The doctor will probably want to review the medical records. This includes any reports from emergency medical services. They also might need to conduct a post-mortem examination to understand the cause of death.
When speaking with a doctor, make sure to be clear and honest about the events leading up to the accident and any medical treatment that your loved one received.
You will also need to ask questions and clarify any information that you are unsure about.
Some common mistakes that people make when speaking with doctors after an auto accident include not being patient, and not asking questions to determine the cause of death.
The At-Fault Driver Might Face Charges
In the event of a fatal car accident, the driver determined to be at fault may face criminal charges. The reason for this is that reckless or negligent behavior while operating a vehicle is a crime.
For example, if the driver was eating or using their cell phone, prosecutors might charge them with reckless driving.
And if the driver was speeding or disregarded traffic laws, authorities might charge them with vehicular manslaughter.
But it is not always the case that the at-fault driver will face criminal charges. The decision to press criminal charges depends on several factors, such as the severity of the crime and the evidence that’s available.
Hire a Wrongful Death Attorney
If someone you love has been killed in a fatal car wreck, you should consider hiring a wrongful death attorney.
Keep in mind that these types of cases are often extremely painful. This is why it is a good idea to hire a legal professional who is compassionate and has a deep understanding of how the wrongful death process works.
They will help you to build a solid case, put together important evidence, and undergo negotiations with an insurance company’s lawyers and adjusters.
Your Attorney Will Seek to Recover Damages
Your attorney may seek to recover damages on behalf of family members who have lost a loved one. The purpose of doing this is to compensate the client for the losses they have suffered as a result of the accident.
Damages can help to address financial losses, such as lost income, medical expenses, and funeral costs. They will also address non-economic losses, such as emotional distress, loss of companionship, and pain and suffering.
If the liable party is somebody who has limited assets, the value of the wrongful death claim will also be limited.
On the other hand, if the liable party is a large corporation with significant resources, the value of the claim may be higher.
State laws also play a role in determining the value of a wrongful death claim in a car crash. Some states have caps on the amount of damages that families can recover.
This can limit the value of a claim. An experienced attorney can help to evaluate the specific circumstances of the case and provide guidance on the potential value of the claim.
What to Know About Insurance Companies
Insurance companies may try to short-change the family of your loved one. This is because their primary goal is to minimize their financial liability.
This could mean that they offer a low settlement amount, dispute the validity of the claim, or delay the payment of the settlement.
Insurance companies might also argue that the deceased was partially or fully responsible for the accident, or that the medical expenses or other damages are not covered under the policy.
They may also try to find ways to minimize the value of the claim. They might do this by questioning the extent of the damages or the need for ongoing medical treatment.
It’s important to be aware of these tactics and to have an experienced attorney who can help to ensure that you receive the full compensation that you are entitled to.
An attorney can help to negotiate with the insurance company and present a strong case for damages. They will also fight for the rights of your loved one’s family in court.
If you are not sure how to find the best possible attorney, consider looking at online reviews. It is important to choose an attorney who has plenty of experience.
What to Expect if Your Loved One Dies in a Car Crash
If your loved one dies in a car crash, it is important to know what to expect.
It’s necessary to speak with a doctor and understand that the at-fault driver might face charges. It’s also important to hire an experienced lawyer.
Keep in mind that RHINO Lawyers is here to support you and to help you during this difficult time. Don’t hesitate to contact us to get started 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.
Read More