Lakeland Florida Car Accident Statistics
Few things make Florida residents feel as helpless as scary car accidents.
In Lakeland, drivers encounter careless and reckless drivers on busy routes like Interstate 4 and along Memorial Boulevard on every trip. A distracted driver’s lack of focus can end up causing frightening crashes and leave you or a family member recovering from a major injury.
In order to track the frequency of dangerous car accidents in Polk County, RHINO Lawyers of Lakeland studied accident statistics from the past five years. It’s the best way to determine if safety on Lakeland roads is improving or if more effort is needed to keep motorists safer.
Florida Traffic Accident Statistics for 2021 and 2022
Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV) tracks car accidents across the state each year. As of the first week of October 2022, they’ve documented over 287,000 traffic accidents on Florida roads. Those accidents are blamed for over 182,000 injuries and a tragic 2,521 deaths
That compares with 2021 numbers when 401,501 traffic collisions were recorded in Florida in total. Those accidents were responsible for injuring almost 300,000 victims and led to the tragic deaths of 3,733 people.
Lakeland Car Accident Statistics for 2022
Lakeland doesn’t have quite the reputation for crazy traffic that places like Orlando or Tampa have, but Polk County still sees thousands of preventable car crashes every year. Unfortunately, a lot of reckless drivers travel between both cities and across Polk County. Drivers and passengers are hurt and local families suffer the consequences.
So far in 2022, the FLHSMV has tracked 9,613 motor vehicle crashes across Polk County. That’s according to numbers collected through October 6th of 2022.
This is a look at how Lakeland accident numbers have surged over the past five years:
There’s a way to go before this year’s numbers reach the elevated levels of 2021. In 2021, over 13,000 accidents were recorded on Lakeland and Polk County roads. That figure was at least a thousand accidents more than any of the three previous years.
Sadly, 2022 crash statistics still have time to match or surpass 2021 figures. Generally, over the past couple of years, October, November, and December have proved to be the months that see the most accidents out of all 12 months.
Lakeland Fatal Car Accidents in 2022
The surge in car accidents in 2021 was followed by a surge in fatal incidents as well. 2021 collisions in Lakeland were blamed for 181 heartbreaking deaths and over 9,000 injuries. That was well over 2020’s figures that documented almost 7,500 injuries and 134 deaths.
Over a five-year span, Polk County accidents remained steady until a sudden and tragic rise occurred in 2021:
Lakeland Car DUI Accidents in 2022
Polk County drivers might cause accidents when they stare at a cell phone instead of the road. They may also travel too fast for conditions and end up losing control. These mistakes in the lanes are regrettable, but even good drivers can make bad choices.
It’s harder to forgive the local drivers who decide to get out on the roads after taking drugs or consuming alcohol. Every other motorist on the highway has their safety put in jeopardy by the presence of an impaired driver.
Unfortunately, cases of drunk drivers causing accidents don’t seem to be a hazard that will be going away anytime soon. Crashes involving alcohol-impaired drivers rose dramatically in 2021.
WTSP-TV out of Tampa reported that Florida ranked 10th out of all states for the worst drivers in America. That ranking considered factors like DUI arrests, deadly accidents, and hit-and-run dangers. The research showed that Florida recorded 9.4 fatal crashes involving a drunk driver per 100,000 drivers. Georgia had the same report card with 9.4 fatal crashes, while Louisiana reported 12.2 alcohol-related fatal crashes per 100,000 drivers.
For cautious Lakeland drivers, it’s important to note an uptick in alcohol-related deaths on Lakeland roads in both 2020 and 2021.
Lakeland Hit-And-Run Accident Numbers in 2022
The WTSP report also reveals that about a fourth of all Florida drivers are uninsured. Unfortunately, that leaves Florida as the number one state in the U.S. for uninsured motorists. When drivers travel to Florida without car insurance, they can be tempted to flee the scene of any accident that they cause.
Unfortunately, that leads to an increase in hit-and-run accidents as drivers seek to avoid the consequences of their actions. In 2021, Florida’s Department of Highway Safety and Motor Vehicles recorded over 109,000 accidents involving hit-and-run drivers across the state. Those accidents left almost 25,000 people injured and caused just over 300 fatalities.
In Polk County, 2021 hit-and-run accident numbers topped the 3,000 mark. So far, 2022 numbers are inching toward that dangerous level.
Hit-and-run drivers often exit the scene without reporting an accident, leaving injured victims waiting longer for medical care. That extra time can be the thin line between a hit-and-run victim surviving an accident or becoming a tragic fatality statistic.
Lakeland’s deadly hit-and-run accident cases took a leap in 2020 and that frightening trend continued in 2021.
Seeking Support After a Lakeland Car Accident Injury
We can hope that 2022 ends with a safer stretch for Polk County drivers. It would be nice if 2022 accident statistics fell well short of where they’ve been heading over the past few years.
Unfortunately, accidents on local roads will be a way of life for many years to come. There’s always a chance you or a loved one will be the next victim. If you or a family member are hurt in a Lakeland traffic accident, it’s critical to your future that you understand the benefits and support that are available.
You can talk over your options in a free, no-obligation consultation with a real Lakeland Car Accident Attorney at RHINO Lawyers. It’s a chance to get every question you have answered and to find out what your case may be worth.
CONTACT A Lakeland 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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Should You Finish Treatment Before Receiving an Injury Settlement?
InjuryFacts.nsc.org reports that in 2020, 55.4 million people sought medical attention for nonfatal preventable injuries. These injuries come from several sectors, from medical malpractice to car accidents.
Medical attention can cost several thousands of dollars in medical expenses. That’s why insurance laws allow you to sue the person who caused your injury. You’ll receive an injury settlement at the end of this trial.
However, many people wonder whether they should pursue their injury settlement before they finish their medical treatment. But, there are several factors that could make this a dangerous decision.
So, when should you accept an injury settlement? We’ll explore that question in this guide!
Should You Accept an Injury Settlement Before You Finish Your Treatment?
The short answer to this is no. Accepting an injury settlement too soon can leave you with unexpected medical expenses to pay out of pocket. Waiting to complete your treatment enables you to know your final medical treatment bills.
Unfortunately, there’s often a great deal of pressure to accept a settlement prematurely. The other party’s insurance provider often tries to pressure you to accept this settlement early. They push for this because they understand it can save them substantial money in the long run.
It’s also tempting to accept this money because of short-term issues. After all, it seems helpful to take any sum when medical bills continue piling up.
However, this is an incomplete solution. The best thing you can do is contact a personal injury lawyer. These lawyers can help you navigate this process by directly dealing with the insurance company.
These lawyers can also help you determine how much your injury settlement should be. This knowledge can help you hold out until you receive the best deal.
What About Long-Term Treatment for Personal Injuries?
Unfortunately, many personal injuries can have life-altering consequences. For example, your case could require years of treatment and physical rehabilitation.
Some types of injuries require this scale of treatment more than others. Some of these include:
- spinal injuries
- head injuries
- joint damage
Others may require longer timeframes to make a full recovery. For example, a broken leg takes longer to heal than a sprained ankle.
The costs associated with these injuries could easily reach tens of thousands of dollars. In a worst-case scenario, they could climb to hundreds of thousands of dollars.
Once again, nobody could blame you if you accepted a settlement too soon in this condition. Many people do so because they believe it’s better to have some money to help them than none at all.
However, we urge you to remain patient during this process. Remember, long-term treatments can last for years. Each additional year accumulates new costs.
Instead of putting a band-aid on this financial injury, wait until you can heal the wound. Receive your injury settlement at the end of this process. This way, you know exactly how much your medical bills cost and what to fight for in your settlement.
When to Start Medical Treatment
Ideally, you’ve already begun receiving the medical treatment you require. If not, find a doctor to treat your injuries immediately.
It’s always best to begin treatment immediately after receiving your injury. Even minor injuries can cause more extensive damage than people realize.
Treating injuries soon prevents them from worsening. This decision doesn’t just affect your health, either; it can also impact your injury settlement.
If you fail to receive the medical treatment you need, you may discover the injury is worse than you knew. This scenario could have devastating consequences on your personal injury case.
So, start your case right by pursuing the treatment your injury requires. Remember to follow your doctor’s advice as closely as possible, too.
Following this guidance could make or break your injury settlement. Otherwise, the insurance company could claim you don’t deserve your desired sum because of reckless behavior regarding your health.
What Is Maximum Medical Improvement?
Doctors define maximum medical improvement as the point in your recovery when you can’t reach further improvement. Unfortunately, this doesn’t always mean you’ve achieved a full recovery.
Instead, this means you can’t get any better, regardless of the treatments you receive. In many cases, this could be because you made a full recovery. However, other situations have less optimal outcomes.
For example, imagine you received a traumatic brain injury. You’ve finally regained your motor skills and the ability to perform everyday tasks after extensive treatment. However, in spite of this, you still experience trouble with your memory.
In these cases, you may not be where you were before your injury. However, you’ve reached maximum medical improvement.
Why does this matter? Reaching this stage means you’ve completed your medical treatment. As a result, you’ll know how much your medical bills cost.
Accepting a settlement before reaching this stage allows your injuries to worsen afterward. You’ll require more treatment to deal with the complications. Unfortunately, the totals are final; you can’t go back once you’ve accepted an offer.
So, wait until you’ve reached this critical stage and completed your treatment. This patience can help you make the best decisions for your finances.
Find the Best Personal Injury Lawyer to Get the Maximum Injury Settlement
As you can see, it’s best to wait until the end of your medical treatment before accepting an injury settlement. However, this knowledge alone won’t eliminate the pressure to agree to premature settlement offers.
So, how can you guarantee you get the best settlement and get the insurance company off your back? The best solution is to hire personal injury lawyers.
Personal injury lawyers can solve several problems for you. First, they become your representatives when you hire them.
As such, they’ll deal directly with your opponent’s insurance provider. They’ll also keep you posted on events to keep you up-to-date on the proceedings.
Our team offers all of these benefits and more! Schedule a consultation with us today to learn more about your case.
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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Driving on a DUI Suspended License: Your Essential Guide
Florida is cracking down on drivers! 600,000 people in Miami-Dade County are driving with a suspended license. Some of them are not aware of it, but they face significant charges if they get pulled over.
After a DUI arrest, you may have a lot on your plate. Getting arrested for driving with a suspended license will make your problems worse. But before you call a lawyer, you need to get the facts about suspended license crimes.
What are the penalties for driving with a suspended license? What are other consequences you may face? How can you defend yourself and avoid jail time?
Answer these questions and you can clear your name of suspended license charges. Here is your quick guide.
Florida Suspended License Laws
All drivers convicted of a DUI have their licenses suspended. A first-time conviction leads to a suspension of up to one year. A second-time conviction can create a suspension of five years while a third-time offense can lead to a 10-year suspension.
Section 322.34 of the 2022 Florida Statutes provides Florida’s laws on driving with a suspended license. A first-time offense of driving with a suspended license is a second-degree misdemeanor. But, a second-time offense and other subsequent offenses are first-degree misdemeanors.
A third-time offense carries a mandatory prison sentence of 10 days, though a judge can extend it further. Driving for the third time with a suspended license due to a DUI is a third-degree felony.
Second-degree misdemeanors can lead to a prison sentence of up to 60 days. First-degree misdemeanors can lead to a one-year prison sentence, and third-degree felonies can result in a five-year sentence.
You may be able to qualify for probation and community service instead of imprisonment. But prosecutors take driving with a suspended license seriously, especially if the license was suspended for a DUI. You may need to plead guilty to charges and waive your right to a trial.
Other Consequences
Imprisonment may be the largest consequence of driving on a suspended license. But it is by no means the only one. You face other difficulties that you must know about before you launch a defense.
Additional Charges
Reckless driving occurs whenever a driver operates a vehicle with disregard for other people’s safety. Many drivers are pulled over for reckless driving, only for the police to discover they have a suspended license.
You will receive a reckless driving charge if you were speeding or made an improper turn. In addition to the jail time you face for driving with a suspended license, you can go to jail for up to 90 days for a first offense.
If you were drunk driving with a suspended license, you will receive a DWI charge. You can also get a DWI charge if you have prescription drugs in your system that impair your driving. A second conviction can result in a prison sentence of one year.
Insurance Rates
Some insurance companies cancel the policies for drivers convicted of DUIs. The ones that don’t increase their premiums, making it harder for drivers to pay for insurance. Increases vary, but some companies jack up the prices by a few hundred dollars a month.
Ignition Interlock Devices
When you do get your license back, you may need an ignition interlock device on your vehicle. You must provide a breath sample in order to turn your engine on. If the device detects a high level of alcohol, the car will not start.
You are responsible for paying for and maintaining your device. You need to attend appointments to hand over the results from your device. The device may be on your car for a year or longer.
Criminal Records
A conviction for a DUI creates a criminal record. Many employers conduct background checks on applicants that include looking at criminal records. You may be denied job opportunities just for your DUI arrest.
A conviction for driving with a suspended license can make your problems even worse. It suggests you have a pattern of misconduct, which can diminish your job opportunities.
Defenses
A defense on suspended license charges can be very difficult. If you’re arrested for driving on a suspended license, you should invoke your right against self-incrimination. Do not tell the police anything besides your name and ask for a lawyer to be with you.
A police officer may have seen you behind the wheel, but your car may not have been on. If you can prove that the car was off, you may be exonerated at trial. You can use surveillance tapes and your testimony to prove that your car was not running.
You can dispute the circumstances of your arrest. If the officer pulled you over for reckless driving, you can use evidence to show you were not driving recklessly. This may allow you to assert that any evidence from your arrest cannot be used in the trial.
Mitigating circumstances lessen your culpability. You can point out that you needed to drive someone to the hospital or you were driving to escape an emergency. These circumstances can diminish your sentence, though you may be found guilty.
The Essentials of Suspended License Charges
Driving with a suspended license is no light matter. Even if you weren’t charged with a DUI, you face prison time for a first-time offense. Subsequent charges can lead to long sentences as well as extended suspension periods.
You may face other charges, and you will have a criminal record that others can access. You should gather evidence and fight to clear your name of charges or produce mitigating factors for your arrest.
The easiest way to defend yourself is with a lawyer’s guidance. RHINO Lawyers serves all Florida residents. 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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Can Reaching Maximum Medical Improvement Affect Your Injury Claim?
Every year, people in America sustain more than 122 million accidental injuries. Even minor injuries can have a big impact on your life. You may have to take time off work for your recovery or pay a hefty medical bill.
Fortunately, if someone is responsible for your injuries, you can get compensation by making a personal injury claim. However, your lawyer may recommend waiting to reach maximum medical improvement before you make your claim.
So what does this mean, and how does it affect your personal injury lawsuit? Read on to find out everything you need to know about reaching maximum medical improvement before you make an injury claim.
What Does Maximum Medical Improvement Mean?
Reaching the stage of maximum medical improvement (or MMI) means that you have made as full a recovery as possible. However, what this means for each individual depends on the severity of your injuries.
For example, MMI can mean that:
- You have returned to exactly the same level of health that you had before your accident
- Your injuries will not improve anymore with further medical treatment, and your health is not what it was before your accident
- You will still require ongoing treatment for your injuries in the future for a stable recovery
For example, severe spinal injuries can result in permanent paraplegia or quadriplegia. In that case, the damage is irreversible so you will reach MMI when you become stable. Your long-term health will be very different from what it was before your accident.
Who Can Decide That You Have Reached Maximum Medical Improvement?
Your doctor will determine when you have reached maximum medical improvement. They will base this on their observations, examinations, and diagnostic tests.
When they do this, they will also outline any ongoing treatment that you might need to manage chronic conditions caused by your accident. This can include monitoring you to prevent future complications from your injuries. You may also receive a disability status from your doctor.
So how does this affect different types of personal injury cases? Let’s take a closer look.
What Affects Your Personal Injury Claim?
There are several factors that you should consider when making a personal injury claim. These include:
- The severity of your injuries
- The impact that they have had on you practically, financially, and emotionally
- How long it takes you to reach MMI
- The long-term consequences of your injuries
Some of these factors will be evident shortly after your accident. However, you generally have to wait until you have reached MMI to understand the full impact that your injuries will have on you in the future.
Once you have reached this point, you can determine how it will affect your claim.
Waiting For MMI Will Help You Determine How Much to Claim For
Reaching MMI helps you understand the full impact of your injuries, and this is crucial if you want to get a fair settlement. For example, this helps you understand:
- The cost of the treatments you need to reach maximum medical improvement
- The cost of any ongoing care that you will require
- How your injuries are going to impact your ability to work in the future and your financial security
- How your injuries might impact your emotional well-being and relationships
Settlements offered before you reach MMI could be way under the value that you are owed. So it is worth holding off to get a fair payout.
MMI and Workers’ Compensation Claims
If you have been injured at work, you could make a claim using your employer’s workers’ compensation insurance. In this case, several things happen when you reach maximum medical improvement.
Most employers will offer you two options: ongoing benefits or a final lump sum payout.
Your MMI will determine how much you need to receive in ongoing benefits (if this is the type of compensation that you choose). For example, your disability rating might entitle you to additional benefits.
If you plan on accepting a lump sum payout, it is important to speak to an experienced lawyer before doing this. Most employers will expect you to sign a release before you receive the payout. This releases them from any future liability surrounding your medical treatment and injuries.
If you have not reached MMI by the time that you sign this, you could miss out on valuable compensation. You may also end up having to pay for your ongoing medical expenses yourself. So it is always worth talking your options through with a lawyer before accepting an injury claim settlement.
MMI and the Statute of Limitations
Recovering from serious injuries can take a long time. However, it is very important to be aware of how long you have to make a personal injury claim.
According to the statute of limitations, you have three years to start legal proceedings from the date of your accident. So the clock starts ticking the minute you sustain your injuries. If you miss this deadline, you will struggle to make a claim at all.
Because of this, it is a good idea to seek legal advice even if you haven’t reached MMI yet.
While you are receiving treatment, your lawyer will help put together a strong case for your injuries. They can then adjust this based on your condition when you do reach maximum medical improvement.
This ensures that you won’t miss your deadline for filing a claim and miss out on compensation altogether.
Get Support With Your Personal Injury Lawsuit Today
As you can see, waiting to reach maximum medical improvement after an injury can help you calculate a fair settlement.
This gives you a clear picture of the long-term impact of your accident. So you can make an informed decision when agreeing on a settlement.
Hiring an attorney will help you decide how to proceed with your claim and whether or not you should wait to reach maximum medical improvement. Schedule a free video consultation with RHINO Lawyers today to find out more about our legal services. We’re happy to help!
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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Street Racing Crimes Involve More Than Just the Drivers in Florida
Street racing is a problem in Florida that is common among young drivers. It is illegal to engage in this type of activity, and it can be the cause of all sorts of accidents and big problems for other drivers. People who take part in highway racing are playing with their own lives and the lives of those around them.
The danger street racing poses is so extreme. In fact, the state of Florida has imposed many very harsh penalties on anyone who races on the highway. The consequences of engaging in street racing crimes can result in an arrest. Plus, include very large fines, as well as jail time. Careless drivers on the streets face the harsh reality of the danger they put others in when racing.
Street racing is a dangerous and illegal activity that many young drivers engage in. It can be the cause of fatalities and other consequences. Continue reading our overview to see why street racing can involve a lot more than just the drivers in Florida.
The Consequences of Street Racing
The Florida statutes Section 316.191 defines racing as a second-degree misdemeanor. This results in a first offense penalty of 60 days of jail time. The penalty can increase for multiple offenses of street racing crimes or has been part of highway racing in the past.
Offenders can receive a $1,000 to $5,000 fine and a two-year license revocation. As well as, one year of incarceration in county jail. A second offense will boost the mandatory fine to around $1,000 to $3,000. This can also result in the loss of a vehicle title if convicted of two or more violations within a five-year period.
Anyone can get arrested for street racing if they deliberately stop traffic and drive a vehicle for racing on the highway. Or if they assist in setting up a race. A passenger of the vehicle racing can receive a street racing charge.
Multiple offenses within a five-year period can result in jail time and a four-year license revocation. The severity of street racing offenses also applies to spectators watching an illegal street race for any reason.
Spectators receive a $500 fine and points against their license, even if they didn’t drive any vehicle or engage in the organization of a street race.
It does not matter if a street race is highly organized or a spur-of-the-moment event. Everyone involved gets prosecuted to the full letter of the law. They make little to no exceptions when arresting street racing participants. This is why spectating a street race can have dire and costly consequences for everyone.
Other Related Consequences
Going to jail for street racing crimes isn’t the only thing that happens. Actually, more comes along with it that can make things much worse. They can bring other charges against someone arrested for racing. Or if involved in a street race.
Even if they are bystanders and not operating any vehicle involved at the time. You will need to find a lawyer to represent you if the state decides to take action with additional charges.
Some of the other charges that can be applied in court include vehicular homicide and reckless driving with serious bodily injury. Vehicular homicide is when death happens due to reckless driving.
A conviction gets seen by a court as a class 2 felony and results in up to 15 years in prison. An even more serious penalty of 30 years in prison will apply if a driver flees the scene of the crime.
A person charged with reckless driving with serious bodily injury faces up to five years in state prison if convicted. This charge becomes a third-degree felony if the driver causes injury or disfigurement to a victim. Both of these charges can also result in the loss of a driver’s license for up to three years.
No matter what type of charges you face as a result of street racing, the state will require everyone to attend and submit proof of completion of a basic driver improvement course. Depending on the number of or severity of the offenses, a court can require someone to complete a 4-hour course or as much as a 12-hour driving course.
Defenses for Street Racing Charges
If you or someone you know gets charged with any kind of illegal street racing, the next step would be to have a legal defense. The penalties for a conviction of street racing are severe, so being ready to face them can be intimidating.
An experienced lawyer will use a lack of evidence or inability to prove beyond a reasonable doubt as a defense argument. This can also include showing that speeding occurred, but not knowingly street racing. The best defense against any charges or consequences of highway racing is not to be anywhere close to it at all.
Knowing About Street Racing Consequences
Our street racing consequences overview will inform you about what happens when someone engages in highway racing. The recklessness of speed while racing on the highway puts many people at risk. Even those not involved in the race. The penalties in place should help prevent drivers from partaking. Because racing on public roads is a careless activity.
Want to learn more about traffic laws and find a good lawyer when facing criminal charges? Visit the website for RHINO Lawyers and read articles on their blog that cover a wide range of topics from criminal offenses to unpaid traffic tickets.
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 the Sudden Medical Emergency Defense?
Did you know that third-party liability for personal injury claims is often about timing and circumstance? Most personal injury cases hinge on whether the defendant was negligent at a particular moment. If there is no negligence found, then there is no liability.
This does not mean that you can not get sued. It does mean if you have a solid defense, your case will not go much further than the initial stages.
A sudden medical emergency defense may make it possible to have an entire defense to a claim of personal injury. But, the circumstances must meet specific factors that remain consistent for the defense to be effective.
Have you found yourself in one of these unfortunate circumstances? Read on to learn more about the sudden emergency defense and how it could impact your case.
What Is a Sudden Medical Emergency Defense?
A sudden medical emergency defense is a defense used in a personal injury case where a medical condition arises, causing an auto accident. A sudden medical emergency could absolve a driver of responsibility for an accident if a sudden medical emergency is to blame.
Personal injury law believes if someone caused an accident by their negligence, that person should be accountable for the costs resulting from the accident. A person experiencing a medical event did not intend to injure another person. So, the sudden medical emergency defense may release them from blame.
What Is Foreseeability?
Foreseeability evaluates if the responsible party could have expected that their action or inaction would result in harm to another person. If the accident did not stem from an act of negligence, the individual is not to blame for the injuries suffered by another person. If a medical emergency causes a car collision, the at-fault party must prove the following:
- the driver lost consciousness
- they lost control of the vehicle as a result of loss of consciousness
- the loss of consciousness was a result of an unexpected medical incident
They must also prove that the onset of the medical emergency prevented the driver from taking any preventative measures. It was an unexpected event that the driver could not prepare for.
What Defines a Sudden Medical Emergency?
A sudden medical emergency is a sudden onset or an exacerbation of symptoms. These symptoms then led to a situation requiring immediate medical treatment. A sudden medical emergency does not include conditions that were already present.
Or symptoms that were being treated before the auto accident. This is important to note. If the medical condition was present before the accident and only treated after the accident. Then you cannot use a sudden medical emergency defense.
When Can You Use the Sudden Medical Emergency Defense?
The sudden medical emergency defense is only valid in specific circumstances. To use this defense, the medical condition that arose must be sudden and unexpected. The event was so severe that it required immediate medical attention.
The medical issue must have presented itself during the accident, and you must not have known about the condition beforehand. You must have acted as reasonably as possible in light of the circumstances.
If you made an error in judgment or failed to act appropriately despite knowing the condition, you cannot use this defense. It’s also important to note that the defense is not valid if the treatment required is not consistent with that of a standard emergency.
What Are the Requirements for a Sudden Medical Emergency Defense?
There are several requirements for sudden medical emergency defense. First, the condition that caused the medical emergency must qualify as an emergency.
This means that it must have required immediate medical attention. The medical condition must have arisen suddenly and unexpectedly.
This means that it must have been sudden in onset and not something that was even foreseen. So, they did not have time to get proper medical attention. Which means they did not have an opportunity to go to a doctor’s office, hospital, or another medical facility for treatment.
Types of Car Accidents Involving the Sudden Emergency Defense
Many auto accident causes stem from a medical emergency. A sudden medical emergency defense could apply in a collision between two or more vehicles. Or between a vehicle and a pedestrian or bicyclist.
But, only if one or more of the drivers or passengers experienced an unexpected or sudden onset of a medical condition. However, if a vehicle occupant experiences symptoms of a medical condition before an accident. As well as, worsening of the condition that was present before the accident. Then they cannot use the sudden medical emergency defense.
But, if the condition is sudden and unexpected during the accident, the occupants of that vehicle might be able to. A collision between a vehicle and a stationary object also falls under the sudden medical emergency defense. In this circumstance, sudden and unexpected medical conditions with any people involved in the accident could qualify for the defense.
How Hiring a Lawyer Can Help You
Your attorney will help you build your case by finding the most relevant evidence and putting together the best possible defense. The sudden medical emergency defense can be weak if the defense team is not working with all the facts of your particular circumstances.
Your attorney can handle everything for you. They will conduct a thorough investigation and retain expert witnesses. All to help strengthen your case and give you a better chance of winning.
Your attorney will conduct discovery, or a thorough investigation, to gather any evidence that supports your case. This evidence could include witness statements, medical records, and police reports. Your attorney will also be able to examine the evidence that the other side gathers.
Throughout the case, your attorney will interview all witnesses relevant to your case. They will review police reports, and request lab results.
Your attorney will also work with expert witnesses to build your case. Expert witnesses are people who have special knowledge or skills that apply to your case.
Have You Been Involved in an Accident Involving a Sudden Medical Emergency?
An exceptional attorney is an ideal person to offer guidance on how to proceed with your case and protect you. Are you a victim of another driver’s unexpected medical emergency? Or have you experienced a sudden medical event yourself? We can help you.
Contact us or check out our About Us section to learn more. We proudly serve all of Florida, and our goal is to establish a long-term relationship with each client. The people we assist and the lives we transform are what we are most passionate about.
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 Penalties Rise Depending on Speed Limit
In 2020 alone, Florida law enforcement gave out nearly 550,000 speeding tickets. Officers issue speeding citations when someone exceeds the speed limit. You can then receive a fine for speeding.
But a fine is not the only penalty for speeding in Florida. You may end up paying higher insurance premiums. And you will incur points to your driving record.
Luckily, fighting your speeding ticket in traffic court can help you avoid these consequences. We will talk more about how our attorneys can help you get out of a Florida speeding ticket at the end.
But first, let’s talk about how the fines you pay for speeding increase depending on how fast you are driving.
What Is the Penalty for Exceeding the Speed Limit in Florida?
There are two types of penalties for speeding in Florida. This includes a warning and a fine. You can not go to jail for speeding tickets in Florida, though you may have to serve time if you are pulled over for reckless driving.
A Warning
There is a common misconception that an officer will only pull you over if you are going 10% or more above the posted speed. Other people will tell you that going a few miles over the speed limit will not result in you getting pulled over.
However, this is untrue. Going even 1 MPH over can get you pulled over. But as long as you keep your speed below 5 MPH, you will only receive a warning. And warnings do not typically come with fines.
A Fine
Going 6 MPH to 30+ MPH over the speed limit will earn you a fine in Florida. The exact amount you pay depends on how many miles per hour you were driving over the posted speed.
You can check out Title XXII Chapter 318.18 to see the speeding fines for yourself. Or keep reading below for a full breakdown.
Driving Points
Florida uses a points system to record driving infractions on your record. There are 3-point infractions as well as 4-point infractions.
Speeding by 15 MPH or less will only incur 3 points on your driving record. Speeding by 15 MPH or more will incur 4 points on your driving record.
License Suspension
The points system is not only used by insurance companies to determine your auto insurance premiums. Officers also use it to track your driving history.
For instance, say you accumulate a total of 12 points on your record. If you accrue these points within 12 months, a traffic court could suspend your license for up to 30 days.
How Much Is a Speeding Ticket?
Florida breaks down speeding fines in the following way:
- 6–9 MPH over the speed limit receives a fine
- 10–14 MPH over the speed limit receives a fine
- 15–19 MPH over the speed limit receives a fine
- 20–29 MPH over the speed limit receives a fine
- 30 MPH or more over the speed limit receives a fine
Here are the fines for each.
Fines for Going 6–14 MPH Over
Going 6–9 MPH over the speed limit is a pretty minor infraction. You could only receive a warning. But most likely, the officer will issue you a ticket plus a $25 fine.
Going 10–14 MPH over the speed limit will incur a $100 fine.
Fines for Going 15–29 MPH Over
The fine for going 15–19 MPH over the posted speed limit is $150 in Florida. The fine for going 20–29 MPH over is higher at $175.
Remember that going 15+ MPH over will earn you 4 points on your driving record. And if you get three of these violations, you will have to forfeit your license for 30 days.
Fines for Going 30+ MPH Over
Going 30 MPH or more over the speed limit is a major traffic violation in Florida. You will have to pay a $350 fine.
If you go 50+ over and have other offenses, you may have to serve jail time. Call a traffic ticket lawyer ASAP to find out your rights in a situation like this.
How Much Is the Fine for Subsequent Speeding Tickets?
The only time you receive a penalty for a subsequent speeding ticket in Florida is if you go 30+ MPH over. When you receive your second citation within 12 months, you will pay a $700 fine.
However, if a traffic court did not convict you of the first speeding citation, you can not get this penalty. Again, this is why it is so important to call a traffic ticket lawyer the first time you receive a citation.
How Much Is the Fine for Speeding in a School Zone?
There are no warnings for speeding in a Florida school zone. If you go 1–5 MPH over, you will receive a ticket and a $50 fine. If you go 5+ MPH over, you will pay two times the regular traffic fines we listed above.
How Much Is the Fine for Speeding in a Construction Zone?
Speeding in a posted construction zone while workers are present can earn you double the fines listed above. However, this only applies if the workers are on the road or adjacent to the road.
How Much Is the Fine for Speeding in a Penalty Zone?
Enhanced penalty zone fines begin at $50 for going 1–5 MPH over. If you go 6–30+ MPH over, you will pay the fine listed above plus $50.
How Much Is the Fine for Speeding on a Toll Road?
Speeding in a zone that collects electronic or manual tolls will earn you two times the amounts listed above. However, you can get out of a toll road fine if there is no traffic control device on that toll road.
Need a Lawyer to Represent You in Traffic Court?
Exceeding the speed limit in Florida comes with fines, points, and a potential loss of your driving rights. The higher your speed when the officer pulled you over, the more these penalties will increase.
Stop falling victim to Florida’s strict speeding regulations. Call RHINO Lawyers today to get a free case evaluation and learn how we can help you fight for your rights in traffic court.
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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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.
Read More