
SUBROGATION AND INJURY SETTLEMENTS
First of all, the legal system has many obscure terms. But most people don’t hear these terms unless they study law. Or, they find themselves in a legal situation that requires them to know the term. Unfortunately, one of these terms is Subrogation.
In fact, if you file a personal injury claim you might hear this term. Either, while dealing with the other driver’s insurance company or yours. In either case, here is what you should know about subrogation and your personal injury settlement.
Defining Subrogation
Specifically, Merriam-Webster says subrogation is “the assumption by a third party (such as a second creditor or an insurance company) of another’s legal right to collect a debt or damages.” In other words, it is when insurance attempts to collect reimbursement from the at-fault party or insurance company. But only if they paid benefits to the injured person during an injury claim.
Understanding Subrogation
First, the subrogation process is somewhat confusing. Yet, it is a fundamental component of a personal injury claim. Moreover, insurance companies in Florida have the right to subrogate the at-fault driver’s insurance and the driver. So, the insurance carrier or the UM insurer can recover the money they paid because of the at-fault driver.
For example, say the other driver does not have enough coverage to pay damages. Then, you can use your uninsured/underinsured (UM/UIM) coverage to cover some of the expenses. Eventually, your claim settles with the other driver. Given that, the case settled the UM/UIM insurer can now pursue subrogation.
More importantly, Florida law states the UM/UIM insurer can’t recover more than they paid to you. As well as, it doesn’t allow you to “double-dip” or receive damages twice from the at-fault party. Yet, it does allow you to recover any deductibles you paid to your insurers.
Who Has Rights To Subrogation?
Incidentally, your insurance company and UM/UIM insurer are not the only parties allowed to pursue subrogation. In fact, subrogation allows other entities a legal claim against settlement money from the at-fault party. For example, these entities include:
- Medicaid
- Medicare
- Health Insurance Companies
- Workers’ compensation
- Veterans Administration
Additionally, most state assistance programs can legally pursue reimbursement with a subrogation claim. Because all the different parties allowed subrogation these claims can become complicated quickly. So, if suffered injuries in a car crash talk to a Tampa auto accident attorney.
UM Insurer Waiver
Actually, your insurance or UM/UIM insurer can choose to waive their right to subrogation. As a matter of fact, the at-fault driver usually requests the waiver when they want a quick settlement. Yet, it is important to note the insurance company has 30 days to waive its right to subrogation or keep it. So, if they waive their right you can finalize your settlement. But if they don’t waive their right you could recover your deductible.
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 844.329.3491.
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IMPROPER PASSING IN FLORIDA
To begin with, improper passing charges fall under Florida Statutes 316.083 and 316.085. In fact, impatient driving is the leading cause of most improper passing tickets. Because most impatient drivers do not follow the proper protocol when changing lanes.
In all honesty, if you drive you will pass another driver. But, when can you pass that car legally? Typically, you can pass on the left if you do not endanger other drivers. Unfortunately, passing on the right is not the same.
Three Types of Improper Passing
Considering, passing on the right is the most common improper passing citation. Actually, there are three ways a driver can receive a ticket for improper passing. Notably, these include the following:
- Passing on the Right – This usually occurs on a four-lane road when a vehicle is traveling too slowly in the left lane. Both vehicles are in violation of the law under these circumstances.
- Blind Passing – This occurs on curves or hills when passing in the oncoming traffic lane. And, the passing driver can’t see on-coming traffic at a safe distance.
- Dangerous Passing – This offense involves cutting another vehicle off after making a pass. At one time or another, we’ve all gotten cut off by another driver.
Avoid an Improper Passing Ticket
Despite, passing on the right being illegal Florida has exceptions to the rule. Furthermore, the law accepts these exceptions as safe driving tactics. Thus, the exceptions for passing on the right include.
- Car Making a left turn – So, if the car in front of you makes a left turn you can pass on the right. But, you must use a legal lane on the right, and you cannot cut off on-coming traffic.
- Passing Slower Traffic on Right – Additionally, you can pass on the right while driving a busy road or highway with two or more lanes of traffic. In the same way, passing a car making a left you can use the right lane of the highway. As long as, the left lane has traffic, you don’t obstruct on-coming traffic, and you do not cause an accident.
- One-Way Street Passing on Right – Also, it is legal to pass on a one-way road that has more than one lane. Still, you can only pass when it is safe to pass without speeding or causing an accident.
Proper Ways To Pass
Granted, passing other cars is dangerous. Especially, on two-lane roads and during the late hours of the night. All in all, there are proper ways to pass or overtake while driving. In fact, Florida statute 316.083 outlines how a drive can pass another legally. Hence, we listed some techniques for passing safely.
- Use Your Signal – First, you should always use your directional signal to or show your lane change. But, if your signal does not work you can use proper hand signals.
- Passing on Left – Second, when passing on the left you must make sure it is safe to pass. Then, once safe use your signal to enter the left lane. After you have safely passed the other car then you use your directional signal to reenter the lane.
- Passing Bicycles – Third, you must give a 3-foot radius around a cyclist when passing. As well as, following other safe practices. Like, using your signal, don’t cut off traffic, and give yourself an ample amount of time to pass.
- Give Way to Passing Cars – By the same token, when a car wants to pass or overtake your car you should give way. Thus, you should use your directional signal to move to the right lane making sure you do not obstruct on-coming traffic. Yet, you do not need to give way to a passing vehicle when it is legal to pass on the right.
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. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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MINOR ACCIDENTS AND INSURANCE COMPANIES
To start with, virtually all insurance companies say you need to report all accidents. Yet, some people think with a minor accident like a fender bender they do not need to. And, they may try to work things out amongst themselves.
Yet, this is not a good idea. Because even minor injuries can worsen over time. Plus, in some cases, injuries take days or weeks to manifest. So, you need to report all accidents, or you could regret it later.
Thus, you should take the same steps after a minor accident as you would with a major accident. Which includes letting the insurance company know about the accident. As well as, protecting your rights and wellbeing. And, if you need help through this process contact an auto accident attorney.
WHY Report a Minor Accident
First, reporting a minor accident and filing a claim is completely different. Specifically, when you report a crash you only notify your insurance an accident occurred. And, if you file a claim you want to receive coverage for injuries or damage to property. So, it is important to report a crash in a timely manner. For example, here are three reasons you should report the accident.
- Insurance Agreement – As a matter of fact, an insurance agreement is a contract between you and the insurance company. Thus, you must follow all terms contained within the agreement. So, if you don’t follow these terms, they can deny coverage of your claim.
- Vehicle Repairs – Additionally, when it comes to getting your car repaired you could file with other driver’s insurance. But they could dispute your claim causing a delay in getting your vehicle fixed. So, in cases like this, you need to use your insurance policy. Though, if you did not report the accident in a timely manner, they can deny coverage.
- Making a Claim – Even though, the other driver has insurance or says they have insurance you need to report the crash to your insurance company. As you might learn they do not have sufficient coverage, or worse a canceled policy. So, if you reported the accident to your insurance company you can file a claim. And, if you have underinsured or uninsured insurance coverage you can use this coverage.
When To Report the Accident
Next, you will not need to call your insurance company from the accident site. But you should call and let them know about the accident in a timely manner. Especially, because some policies state a specific timeframe around reporting accidents. In fact, many policies state you need to report the accident within 72 hours.
Incidentally, you may not be able to meet this timeframe. For instance, you suffered serious injuries or became incapacitated. Either way, you will still need to notify your insurance company, just contact them as soon as you can.
What to Do After a Minor Accident
Finally, you should protect yourself after an auto accident. As a matter of fact, most people don’t know what to do after an accident. Thus, these tips can help anyone involved in an auto accident.
- Stop and Check for Injuries – In all honesty, you should never leave an accident. Because they will charge you with a crime. Instead, check yourself and passengers for injuries. Then, check on the other driver if possible. But, if you have injuries call 911 and don’t move.
- Get to Safety – Next, if your car is drivable move it the side of the road out of traffic. Additionally, if you cannot drive the car, put on your hazard signals and you move to the side of the road.
- Call the Police – Always call the police when in an auto accident. They will file an accident report. More importantly, you will need this report when you file your claim.
- Exchange Information – Even though they do not have insurance, you will need their contact and vehicle details. Furthermore, you should get the contact information from any witnesses.
- Document the Details – You will need to write down the other driver’s vehicle information, time and location of the accident, and the officer’s name with a badge number. Also, try to document any details that may help when you file your claim.
- Take Pictures – Additionally, take pictures of the accident scene. Include photos of the damage to each car, the license plate of the other driver, and traffic signs.
- Report to Insurance Company – As I have said, it is important to report a crash as soon as possible. Besides, reporting the accident keeps you from breaking the terms of your policy. Not to mention, you need to let them know so you can use your MedPay coverage. Because MedPay requires you to submit all medical bills through the insurance company.
- Contact an Auto Accident Attorney – Actually, it is a good idea to consult with an attorney after an accident. Because an auto accident attorney can use their knowledge of relevant laws to help protect your rights. As well as, handling all the paperwork and filing deadlines. Thus, allowing you to focus on recovering and getting your life back to normal.
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 844.329.3491.
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DISTRACTED DRIVING A DEADLY MIX
To begin with, most people associate distracted driving with using a cell phone. While using a cell phone while driving is common. Especially, texting while driving. However, using a cell phone is not the only form of distracted driving.
In fact, the NHTSA says distracted driving is anything that takes your attention away from driving. For this reason, it could include many activities. So, here is a list of other activities considered distracted driving.
- Talking on cell phone
- Texting
- Eating and/or drinking
- Using a GPS
- Updating social media sites or apps
- Checking email
- Using a phone’s camera or video app
- Reading
- Grooming
- Rubbernecking
- Attending to children or pets
- Adjusting the radio or music
- Talking to other passengers
Manual Distractions While Driving
First, manual distractions while driving involve taking one or both hands off the steering wheel. And, almost every distracted driver will take at least one hand off the wheel. But this makes it difficult to properly steer. And, nearly impossible to make an emergency maneuver. Furthermore, this dangerous distraction could cause you to veer off the road or into oncoming traffic.
Visual Distractions
Actually, visual distractions are the most common with drivers. To tell the truth, this makes sense. Because taking your eyes off the road is an action that takes your attention away from driving. For example, a visual impairment could include these actions texting, looking at billboards, grooming, and more.
With this in mind, these distractions hinder a driver’s ability to consistently evaluate their surroundings. Which is important for every driver’s safety. As well as, for the safety of other vehicles on the road. Moreover, the CDC states a person texting will take their eyes off the road for an average of 5 seconds. Which at 55 miles per hour the person could travel the length of a football field.
Cognitive Distractions
Finally, we have cognitive distractions. Unfortunately, these are less straightforward than the other types. Because these distractions cause the driver’s mind to wander. Such as, when a driver talks to another person, daydreaming and listening to the radio.
Furthermore, cognitive distractions are deceiving. Considering, the driver has a full view of the road. Although, the driver loses concentration on the road and has a higher chance of an accident. Due to the fact, they are not able to think fast and react to potential hazards.
Distracted Driving Crashes
Incidentally, a car accident caused by distracted driving could have a tragic ending for the people involved. In fact, NHTSA said in 2017, distracted driving claimed 3,166 lives. However, these accidents are not limited to only car accidents. For one thing, our Tampa auto accident attorneys see a variety of these cases including:
- Motorcycle Accidents – Granted, it is a bad idea to take your eyes off the road and hands off the handlebars while riding a motorcycle. Consequently, riders could have a distracted driver hit them and cause serious injuries or death.
- Truck Accidents – For one thing, with many truck drivers working long hours driving their minds can wander. As well as, most drivers use navigation systems like Waze, Google Maps, and Garmin which can also distract them from the road.
- Pedestrian Accidents – While, a distracted driver could hit a pedestrian in a crosswalk. Additionally, they could hit a person exiting a car. Or, swerve off the road and strike a person on the sidewalk.
- Drunk or Impaired Drivers – Actually, when you add drugs or alcohol to these distractive action’s things get extremely dangerous. Because impaired drivers already have slower reactions to things happening around them.
- Bicycle Accidents – Similarly, bicyclists face the same risk of injury or death as a pedestrian. Because they don’t have the same protection an automobile provides. In addition, cyclists have all the for distractive driving as a motorist.
- Uber or Lyft Driver and Passenger Accidents – Likewise, it goes for Uber and Lyft drivers. Considering, they drive long hours like truck drivers they face the same risks from navigation systems and daydreaming.
Preventing Distracted Driving
Finally, we should use education to prevent distracted driving. So, new drivers learn and current drives learn the activities that cause distracted driving. Because, many of these activities consist of more than one distracting activity, like texting and adjusting the radio. So, here are the top ways for everyone to avoid distractions on the road.
- Turn your cell phone off, put it on “do not disturb”, or airplane mode.
- Consume food and drinks before driving.
- Program your GPS before pulling out of the driveway or pull over to a safe place to park and program.
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 844.329.3491.
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DON’T HANDLE CAR ACCIDENTS ALONE
To start with, you do not need to hire an attorney after a car accident that was not your fault. However, if the accident damages your car and you receive injuries it is a good idea. Since an auto accident attorney can help you recover damages and avoid liability for the accident.
Additionally, an auto accident attorney can use their knowledge of relevant laws to help protect your rights. As well as, handling all the paperwork and filing deadlines. Thus, allowing you to focus on recovering and getting your life back to normal.
WHY Speak to a car accident attorney
First, when you hire a lawyer, they will gather the evidence needed to support your claim. For example, they will get the police reports, statements from witnesses, and medical records. As well as, any information on your lost wages. Then, they will use this information to calculate the amount of compensation you deserve.
More importantly, an attorney will file a lawsuit on your behalf. Not to mention, they will use their knowledge to anticipate possible defenses. As a matter of fact, they will most likely be familiar with the opposing counsel’s strengths and weaknesses.
Furthermore, you should not talk to or negotiate with the insurance company without an attorney. In all honesty, insurance companies are for profit. And, they do not make money by paying damages. So, they will try to find a way to reduce or eliminate your compensation. An auto accident attorney can keep you from falling for their tricks.
A Lawyer HELPS calculate damages
Secondly, the average person doesn’t have the experience with calculating eligible compensation from an accident. But, an accident attorney does. In fact, they will review all the circumstances of the accident. Then, they will use that information to file for numerous damages. For example:
- Future Medical Expenses – A lawyer will anticipate future expenses you will incur from your injuries.
- Lost Wages – Money you did not make due to missing work while recovering from your injury.
- Reduced Earning Capacity – Your injuries limit your ability to work. Either on a short-term or long-term basis.
- Pain and Suffering – Injuries that affect your quality of life and your very essence.
- Punitive Damages – You could receive these if you can prove the at-fault driver was malicious or reckless.
filing lawsuit and negotIating settlement
Incidentally, after an accident, the at-fault driver is responsible for damages. But, their insurance will only pay up to the limits of the policy. Thus, you would need to pursue the driver individually for compensation.
Actually, this is why you need an attorney helping you with your case. Specifically, they will calculate your damages from the accident. Then your attorney pursues the at-fault person outside of court trying to negotiate a settlement before filing a lawsuit.
CONTACT A TAMPA CAR 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 844.329.3491.
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ACCIDENT VICTIMS MAKE MISTAKES
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To begin with, dealing with the aftermath of an automobile accident is stressful. Considering, the cost of treatments, missing work, and long doctor appointments. Unfortunately, these accident victims make mistakes during treatments and doctors’ visits that hurt their case.
In fact, many times an innocent mistake has a huge impact on the personal injury case. Particularly, these mistakes can make so you are unable to prove your case. So, you end up not receiving fair compensation for your injuries. With this in mind, here are some common mistakes to avoid making during treatments.
Victim Waits To Get Medical Attention
First, as an auto accident victim in Florida, you have the responsibility of proving you suffered injuries. Regardless, if you think you the pain will go away. In all honesty, this is a bad idea. Due to the fact, both insurance companies and juries see the waiting for treatment as not severe enough for compensation.
Though, we understand the hope for minor injuries and avoiding a doctor. But, you should have all accident injuries checked. Thus, don’t ignore the pain no matter the severity. So, go to the hospital or see a doctor that specializes in auto injuries as soon as possible.
Accident Victim Misses Appointments
Next, missing or being late to appointments can ruin your case. Since the insurance company and jury will get to review your medical records. Thus, when you miss or show up late for an appointment the doctor notates this in your file. Unfortunately, insurance companies and juries view you as not injured or not committed to getting better.
By the same token, no showing or showing up late to appoints will aggravate the doctor. Besides, this is disrespectful. And, an angry doctor does not make a good witness. While understand missing some appointments. In the event that, you will miss or be late to an appointment call the doctor immediately to let them know or reschedule. Also, make sure the doctor’s office documents it in your file.
Concealing Your Past Medical History
Before treatment, your doctor will ask about your past medical history. More importantly, you need to answer all questions honestly. Because your doctor will use your medical history when diagnosing and treating you. In addition, incomplete information will affect the treatment you receive.
Not to mention, it will only hurt your case. In fact, when doctors don’t have all the information the insurance company and the jury will reject their medical opinion. Furthermore, the insurance company will review your medical history. So, they can get an idea of your health before the accident. Thus, trying to conceal anything will only work against you.
Telling Your Doctor About the Case
Namely, your doctor needs to concentrate on treating your injuries. Hence, they will need to know about the accident and where you hurt. But, your doctor does not need to know you filed a lawsuit. Overall, making the mistake of sharing this information is unnecessary and will hurt your case.
Admittedly, most doctors want to avoid involvement in a lawsuit. Thus, talking about your case with your doctor could cause them to not want to treat you. As well as, they might not reach important conclusions about your injuries. In addition, your doctor will likely note the conversation in your file. And, the insurance company will try to use it to shine a bad light on you.
Not Completing Your Treatment
Even though, your pain is subsiding don’t end your treatment before healing completely. So, ending your treatment before medical release will hurt your case. Because, when you stop treatment early the insurance company and jury assume the treatment healed you.
By the same token, large gaps in treatment suggest the same thing. As well as, it gives the impression you healed and suffered a new injury. However, it is understandable to miss a treatment. Still, it’s better to avoid any gaps in treatment. Although, if you can’t avoid missing a session, contact the doctor and document the reason.
As I have said, with an injury it is always best to seek medical care until completely healed. Or, your doctor says there is nothing more they can do to help your injury.
Failing to Cooperate with Depression or Anxiety Treatments
Whereas, the accident causes pain by injuring your body. Subsequently, those injuries can lead to anxiety or depression. Unfortunately, this is all too common in accident victims. Yet, you can’t overcome these psychological conditions without treatment.
Thus, it is important to report these symptoms to your doctor. Otherwise, your doctor can’t prescribe treatment and it won’t appear in your file. Additionally, making the mistake of not seeking treatment for your injury-related depression or anxiety the insurance company and jury will not compensate for it.
Accident Victims Discounting Pain
After, starting treatments many people feel like whiners or complainers if they talk about their pain during each visit. So, some will try to tough it out and not let the doctor know about the pain. However, failing to have your pain documented is a huge mistake. Because the doctor needs to know this information to properly treat your injuries.
As a matter of fact, one of the best ways to document your pain is to keep a daily journal. Then, your doctor could use it to help document your chart with your day-to-day pain. Yet, if you don’t report your pain or limitations, they will not make it into your file. As a result, the insurance company and jury will not believe you are in pain. Nor, will the court accept your testimony about your pain.
Failure to Keep Medical File
Finally, besides documenting your pain from the accident, you should keep your own medical file. In fact, it is important to track every medical provider that treats your injury. Including, the tracking of work restrictions, doctors’ orders, and treatment referrals. All in all, tracking this information is helpful to your case and attorney. So, not maintaining a file is a huge oversight on your part.
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 844.329.3491.
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SPRING CYCLING AVOID INJURIES
To begin with, Florida pretty much has good cycling weather year-round. However, the temperatures have risen. So, cyclists from all over North America are descending on Florida streets. Unfortunately, that means a rise in bike-car and bike-truck accidents. Typically, the cyclists are on the losing end.
Secondly, cyclists share the same rights and responsibilities as other motorists on the road. But, negligent motorists or careless drivers can cause serious injury to a cyclist. Granted, bicyclists can receive damages for medical bills, lost income and, property damage. As well as, for pain and suffering. Yet, if you are partially responsible the amount received in damages gets reduced.
Causes of Bike-Car Accidents
Notably, in 2019 the FLHSMV reported 6,628 bike-car accidents. In addition, 142 of these cycling crashes resulted in a fatality. Considering, how susceptible cyclists are to injury it is important to know some of the main causes of bike-car accidents. So, here are some dangers cyclists face.
- Failure to yield when entering the road – When entering a roadway, the law requires all motorists to yield to on-coming traffic. In fact, that includes yielding to bicyclists.
- Passing without safe distance – All motorists must leave 3 feet around a cyclist when passing. It’s the law.
- Right turn crashes – These collisions occur when a motorist fails to use their turn signal, or they make a sudden turn crossing the cyclists’ path.
- Road Hazards – Things like road debris, potholes, and cracks in the pavement pose a danger to bicyclists. Because they can cause a cyclist to lose control of the bike.
Avoid Injuries Cycling Safety
In all honesty, cyclists often suffer catastrophic injuries when involved in a collision with a car or truck. Therefore, to avoid a crash or injury cyclists can take certain precautions. So, here are some safety tips for cyclists to follow:
- Always wear a properly fitted helmet and securely fasten the strap.
- Stay visible. Wear bright colors when riding or wear something that reflects light (reflective shoes, reflective tape, etc.)
- Pay attention. Do not wear headphones so that you can hear the traffic and pedestrians around you. Never text and ride.
- Ride in the same direction as traffic and stay as far to the right as possible. Use bike lanes whenever you can.
- Obey all traffic laws, including signs, signals, and lane markings, when riding on the roadway. If crossing a roadway upon or along a crosswalk, abide by pedestrian crossing guidelines.
- If riding between the hours of sunset and sunrise, Florida Law requires the use of a headlight lamp which exhibits a white light visible for 500 feet. Also, it requires the rear of the bike equipped with a taillight lamp and reflector visible for 600 feet.
Motorists Safety Reminders
Although, bicycle safety is important for both the cyclist and motorist. FLHSMV (Florida Highway Safety and Motor Vehicles) states motorists must pay special attention when driving around cyclists. So, here are some safety tips for motorists to follow:
- Drivers MUST give bicyclists a minimum of three feet of clearance when driving alongside or passing them. It’s the law.
- When turning, yield to any bicyclist in the bike lane and make your turn behind the cyclist.
- Avoid using high beam headlights when you see a bicyclist approaching.
- Before opening a car door, check for bicyclists who may be approaching from behind.
Liability in A Bike-Car Accident
Regarding, injuries from a bike-car or bike-truck accident, you can sue the responsible party for damages. Not to mention, as a victim Florida states you have 4 years from the date of the accident to file the claim. More importantly, you can recover damages from the at-fault party if you can prove liability.
At any rate, you as a cyclist have the same legal rights and duties as motorists in Florida. Yet, many drivers do not use care when sharing the road. For example, a distracted driver may not see you cycling and could collide with you.
Then, you can assert your personal injury claim under negligence. Due to the fact, they failed to use reasonable care. Thus, holding the at-fault party liable for injuries caused by the accident.
Damages and Compensation in a Cycling Accident
Furthermore, victims of a bike accident can recover damages. As a matter of fact, you can receive compensation for current medical bills and future medical bills. As well as, for loss of income, and property damage. Also, family members of a person that dies from the accident can recover damages through a wrongful death claim.
So, if you are in a bike-car or bike-truck accident, you could receive compensation. Hence, our Tampa auto accident lawyers will review your case. Then, we will work to protect your legal rights so you can get the outcome you deserve.
CONTACT A TAMPA BIKE-AUTO ACCIDENT ATTORNEY
In short, after a bike-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 844.329.3491.
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PULLED OVER KNOW YOUR RIGHTS
To begin with, most people get pulled over or encounter law enforcement at some point. Though, these encounters can make most law-abiding drivers nervous and stressed. In fact, these traffic stops are stressful for the officer as well. Still, law enforcement is required to treat everyone equally. Yet, knowing your rights when pulled over can help the unpleasantness of the situation.
Your Rights When Pulled Over
First, is it important to know your rights when pulled over or stopped by law enforcement. Because knowing your rights will allow you to exercise your rights properly for the situation. Unfortunately, some people either misinformed or don’t know. Thus, can worsen the situation. So, according to the ACLU, your right includes:
- Remain Silent – You have the right to remain silent. But you must inform the officer when exercising this right.
- No Consent to Search – While an officer may ask to search, you have the right to refuse. Thus, if you do not consent you should let them know in a calm and clear manner. However, remember they can search without consent if they probable cause.
- Right to Leave – Unless the officer places you under arrest, you can leave. Also, Florida has a temporary detention period, but it must happen on or around the area of the initial stop.
- Legal Representation – Additionally, you have the right to speak to an attorney. As a matter of fact, you should request an attorney before giving a statement.
What to Do When Pulled Over
Second, an officer could pull you over for multiple reasons. Nonetheless, if a law enforcement officer pulls you over you need to cooperate. In all honesty, if you remain calm and follow these tips you could help lessen the anxiety of the situation.
- Slow down and pull over to a safe location off the road.
- Turn your car off and turn on your interior light if it is between dusk and dawn.
- Put your hands on the steering wheel to keep them where the officer can see them.
- Remain in your car, unless the officer requests it.
- If you have a weapon in the car inform the officer of its location.
- Comply with request for a license, registration, and proof of insurance. And tell the officer before reaching for documents that are not visible.
- Answer the officer’s questions honestly and politely. And, it is ok to ask for clarification if you do not understand something.
- If they issue you a ticket sign it. Incidentally, not signing could get you arrested.
Got Arrested
Finally, if you get arrested do not resist. Granted, you may feel the arrest is unfair just remain calm. Next, the officer will inform you of your rights. Specifically, they will read to you what is commonly known as your “Miranda Rights.” Since they cannot use anything you say against you in trial without explaining your rights.
For this reason, we recommend you let them know you want to remain silent and immediately ask for an attorney. In addition, you do not need to explain or sign anything. Also, if you cannot afford an attorney the state will provide one. Furthermore, they allow you to make one local call. And, if you request to speak to your attorney they cannot listen without your consent.
CONTACT TAMPA CRIMINAL DEFENSE ATTORNEY
In short, 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.
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 844.329.3491.
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TRUCK ROLLOVER ACCIDENT
Large truck rollover accidents are the worst kind of truck accidents. Considering, for these accidents to occur the large truck must flip over while moving. Unfortunately, this type of accident is all too common on the roadways.
In fact, large trucks are prone to rollover accidents. This is due to their high center of gravity making them top-heavy. But these accidents are preventable. Knowing the common causes will help you to be proactive and decrease the amount of truck rollover accidents.
Common Causes of Trucking Rollovers
Incidentally, truck rollover accidents can occur because of many factors. According to the Federal Motor Carrier Safety Administration (FMCSA), over 78% of them involve driver error. However, driver error is not the only cause. Some of the common causes of truck rollovers include:
- Speeding – Higher speeds while turning or going around a curve could cause the trailer load to shift. This gives the truck more potential for a rollover accident.
- Careless/Reckless Driving – This includes drivers who are sleep-deprived, under the influence, and inexperienced with driving large trucks.
- Improperly Loaded Trailer – Causes rollovers when the shifts in transit. Commonly, due to not properly securing the cargo or unevenly distributing the weight of the cargo.
- Wind – Large truck trailers are tall and long making them susceptible to high winds. Drivers should avoid driving during high wind advisories.
- Improper Maintenance – Not maintaining the proper tire pressure and damage to the suspension can cause the truck to tip. Especially, when driving around sharp curves, uneven road surfaces, and steep downhill grades.
TIPS to Avoid a Trucking Rollover Accident
Even though, you cannot prevent truck driver error or weather conditions. While sharing the roads and highways with large trucks you can take precautions to avoid a rollover crash with a large truck.
- Drive Slower – When driving do not zip around or try to get the truck driver to drive faster. The higher speeds can contribute to many different accidents including rollovers. So, slow down and try to be patient. Even if it means you add a few minutes to your drive.
- Avoid Truck Blind Spots – Remember in order for the truck driver to see you, you must be visible in the truck’s mirror. Staying out of the blind spot can prevent the truck driver from trying to change lanes into you or an overreaction when the driver notices you in the lane. Keeping you, the truck driver, and other motorists safer.
- Don’t Pass Next to a Sharp Drop – Always focus on passing safely. Avoid passing on the side a steep drop and make sure you stay in your lane.
- Allow Truck Drivers Room to Turn – When a driver truck does not have enough room to turn it increases factors that can lead to rollover accidents. So, don’t follow too closely and allow plenty of room for them to turn.
- Pay Attention to Truck Cargo – While you can’t see the cargo in an enclosed trailer, you can see cargo on a flatbed. They secured cargo on flatbeds with straps. Unfortunately, the straps can loosen during the drive causing the cargo to shift. If you notice the cargo moving around don’t drive beside the truck. Try to signal the driver to make them aware of the issue.
CONTACT A TAMPA ATTORNEY
After a trucking accident, you may not know your rights. Don’t struggle through the process alone. Our personal injury team is here to help you with any legal needs you might have regarding your accident.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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AUTO ACCIDENT NECK INJURY
Neck injuries are the most common injuries from auto accidents. Though an auto accident can affect your entire body, your neck is the most vulnerable. This is mostly due to the anatomy of the neck.
In fact, only the top seven vertebrae of the spin are part of the neck or cervical spine. These bones are small and thin. In addition, to bones, the neck has blood vessels, discs, and soft tissues like muscles, tendons, and nerves.
Consequently, thin bones and limited muscle support makes the neck susceptible to injury. Especially, from sudden movements.
Common Neck Injuries
If you injure your neck in a car accident you could feel the pain in other body parts. This could result from the part of the neck you injured in the accident. Here are the most common injuries to the neck:
- Muscle Spasms – Happen when muscles involuntary contract causing tightness and pain around the vertebrae.
- Lacerations or Abrasions – Also known as open wounds. These can cause infection, damage to tendons, or ligaments.
- Whiplash – Typically, occurs when the head is thrust back-and-forth suddenly.
- Soft Tissue Damage – Involves injuries to the muscles, tendons, or ligaments instead of the cervical spine.
- Vocal Cord Damage – An impact from a car accident could affect your larynx causing one or both of your vocal cords to not open properly.
- Brain Injuries – Caused when a neck injury damages the arteries. An injured artery could restrict the blood flow to your brain resulting in brain injury.
- Paresthesia – Is the pressure on the nerve from a slipped disc. As a result, it gives a prickling, burning, tingling, numb feeling (pins and needles feeling).
Consequently, it is possible to sustain more than one of these injuries in an auto accident. Therefore, it is important to have your injuries checked by a medical professional after an accident.
Long-Term Injury SYMPTOMS
Injuring your neck in a car accident is painful and can affect how you function in your daily life. However, left untreated the injury could escalate to a chronic health condition affecting your mental and emotional health. Here are some symptoms of long-term injuries to your neck.
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CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
After a car accident, you may not know your rights. Don’t struggle through the process alone. Our personal injury team is here to help you with any legal needs you might have regarding your accident.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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