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Tampa Personal Injury Law Blog

Motorcycle riders should be familiar with protections

Due to the nature of motorcycle accidents, they can be devastating for victims. Making matters worse, motorcycle accidents can commonly be the fault of the other driver or passenger vehicle driver, such as in left-hand turn situations. When a vehicle is turning left, because they do not have the right of way, they may in many cases be liable for causing any accident that results. Unfortunately, this circumstance is common related to motorcycles because many passenger vehicle drivers fail to exercise due care to observe motorcycles, failing to see them and then turning in front of them.

In general, the victim of a motorcycle accident may be able to recover damages, including medical expenses, lost wages, pain and suffering and other damages, from the inattentive driver responsible for the injuries they have suffered. In some circumstances, liability may be apportioned, which may adjust the amount of damages the victim can recover according for the accident so as to account for the victim's own role in the crash. This so-called "comparative fault" liability is the law in Florida.

Young 8-year old girl struck in Tampa pedestrian accident

An 8-year old girl was recently struck in Tampa while walking to school. According to police, the little girl was struck in the face by a side-view mirror as she stepped of the curb while walking to school. The victim was transported to the hospital with non-life threatening injuries. Following the accident, police noted that it did not seem they would cite the driver and traffic was stopped in both directions while authorities investigated the pedestrian accident.

Pedestrian accidents can be caused by careless drivers and can result in serious and life-altering injuries for victims. Drivers have a duty to drive safely and obey the rules of the road for the protection of pedestrians and others they share the roadway with. In addition, drivers may be held to a higher duty of care when children are involved, especially where children are known to play or congregate. When a driver has negligently harmed a victim in a pedestrian accident, they may be held accountable to victims.

Victims of commercial vehicle accidents are protected

A great amount of trust is placed in the care of bus and taxi cab drivers. Buses and taxis are referred to as common carriers according to the legal protections provided to victims that may be injured in a taxi or bus accident. While all drivers must exercise care on the roadways for the safety of others, buses and taxis are held to a higher standard of care for the safety and protection of individuals they transport as well as others using the roadways.

There are special rules, requirements and laws associated with commercial drivers in Florida. It is important for victims of a taxi accident or bus accident to keep in mind that they may be able to receive compensation for physical, financial and emotional damages suffered in a commercial vehicle accident through the resources and protections provided by the personal injury legal process. Victims may be able to receive compensation for medical expenses, lost wages, pain and suffering and other damages depending the specific circumstances of the accident and harm they have suffered.

Man receives sentence after victim paralyzed in DUI accident

Drive driving accidents can devastate the lives of victims. In a Southern Florida courtroom, a man was recently sentenced for paralyzing a 57-year old woman in a drunk driving accident. The 31-year old man was sentenced to 12 years for the DUI, reckless driving and drug charges he was facing related to the drunk driving accident. The victim of the drunk driving accident was left a paraplegic and continues to struggle and suffer pain as a result of the drunk driving accident.

The victim was hospitalized for a year following the accident, including being in a coma for two months while on a respirator, and was then moved into a building for disabled individuals and seniors. The victim expressed difficulty realizing that she would suffer from the disability that resulted from the accident for the rest of her life. The victim also detailed some of the challenges she faces as a result of the injuries she suffered in the accident, challenges she will continue to face in the future and the fact that the accident reduced her lifespan.

How are motorcycle accidents commonly caused?

If you are a motorcyclist or have a family member that is, you may wonder what are the top reasons motorcycles are involved in accidents. A total of two-thirds of motorcycle accidents involve another vehicle which is most commonly a passenger vehicle. The most common cause of these accidents is when a passenger vehicle makes a left-hand turn in front of a motorcyclist. Accidents between an oncoming motorcycle and passenger vehicle that failed to observe the motorcycle are dangerous because they oftentimes result is a head on or nearly head-on crash between the motorcycle and passenger vehicle.

Drivers of passenger vehicles commonly fail to observe motorcycles in traffic and some other types of roadway situations. Many left-turn accidents occur at intersections but can also occur in a variety of driving situations. The costs to motorcyclists of such a crash can be cataclysmic. Motorcyclists are less protected on the roadways and, as a result, can suffer serious and debilitating injuries that may last a lifetime.

Personal injury claim: What should I do first?

If you have been injured in an accident that was not your fault, you could be considering your options to obtain compensation for the costs you incurred as a result, as well as for your pain and suffering. Whether your injuries resulted from a car accident or a slip-and-fall mishap, you can file a personal injury claim against those you feel are responsible to seek restitution. If you feel you want to pursue such a claim, there are several things you must do to establish and support your claim in Florida.

Pedestrian accidents are serious for victims

It was estimated that 76,000 pedestrians were injured during 2012 in traffic accidents. The number of pedestrians that lost their lives in auto-pedestrian accidents increased from 2011 to 2012. During 2012, Florida was in the top 3 among states with the highest number of auto-pedestrian accident fatalities. Pedestrian accidents can also cause victims to suffer with catastrophic injuries that may be lifelong.

Victims and family members of victims of pedestrian accidents may be left facing an uncertain future as the recovery process from an auto-pedestrian accident can be grueling, time-consuming and costly. Victims of pedestrian accidents may suffer head injuries or other types of injuries that can result in cognitive impairments and mental and physical disabilities. They may find themselves unexpectedly adjusting to daily life following a pedestrian accident.

Florida drunk driving accident leaves victims critically injured

Drunk driving accidents can unexpectedly, and significantly, disrupt the lives of victims. A drunk driving accident in a nearby Florida community recently left one man critically injured. The head-on drunk driving accident occurred as a result of a wrong way driver. A 32-year old driver of a Hummer was travelling southbound in the northbound lanes. The wrong-way driver crashed his Hummer SUV head on into the passenger vehicle being driven by the 22-year old victim of the accident. The drunk driver's blood alcohol content level, measured by a breath test, measured at .149 which is nearly double Florida's legal limit of .08. The drunk driver was arrested, taken to jail and charged with driving under the influence and another charge. He was later released on bail.

The drunk driving accident pushed the victim's car into the path of another car traveling northbound behind him. The victim was transported to the hospital with critical injuries following the accident. The 26-year old driver of the second car involved in the accident, because of the first victim's car was pushed into his, suffered minor injuries in the drunk driving accident. The drunk driver has received previous traffic citations and had previously been arrested on other charges. The crash was investigated by police investigators following it for several hours.

How do I prove the negligence of the other driver in my accident?

It is important when a car, truck, motorcycle or other type of accident occurs to determine who is responsible for the accident because the party at fault may be liable to victims for the damages they suffered as a result of the careless, or negligent, behavior of the party responsible for the accident. It is important to understand how to develop evidence of fault to demonstrate liability when legal claims are made and insurance companies may be involved.

One way of establishing that a driver was negligent is through a police report. If a police officer does not respond to your accident, you can also file an accident report at the police station. Police officers record their observations concerning the accident in a police report and may also provide information related to any tickets or citations that were issued as a result of the accident which can help provide evidence of negligence. In certain situations and circumstances a police report may be amended so it is important to be familiar with when that may be possible, if needed, in the jurisdiction where the accident took place.

How does one prove negligence in a Florida vehicle accident?

It is important when a car, truck, motorcycle or other type of accident occurs, to determine who is responsible for the accident because the party at fault may be liable to victims for the damages they suffered as a result of the careless, or negligent, behavior of the party responsible for the accident. It is important to understand how to develop evidence of fault to demonstrate liability when legal claims are made and insurance companies may be involved.

One way of establishing that a driver was negligent is through a police report. If a police officer does not respond to your accident, you can also file an accident report at the police station. Police officers record their observations concerning the accident in a police report and may also provide information related to any tickets or citations that were issued as a result of the accident, which can help provide evidence of negligence. In certain circumstances, a police report may be amended, so it is important to be familiar with when that may be possible, if needed, in the Florida county or city where the accident occurred.

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