Getting into a car accident can cause stressful and traumatic injuries. If the driver who caused the wreck fled the scene, it only adds insult to your injuries, and you likely feel scared and uncertain as to what to do next. After all, you shouldn’t bear the costs of your injuries and other losses since the accident was not your fault. But how can you pursue compensation if you don’t know the driver’s identity?

Pursuing compensation following a car accident another driver caused presents complex challenges under the best circumstances. If the at-fault driver fled the accident, it can add to your difficulties in obtaining compensation and lengthen the time you must wait to get the compensation you need and the justice you deserve.

Contact an experienced hit and run accident attorney as soon as possible after the crash. A car accident lawyer may have the skills, knowledge, and resources to identify the driver, and they can offer other options for you to get compensation even if they can’t locate the hit and run driver.

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The Benefits of Hiring an Attorney After a Hit and Run Accident

Hiring an attorney after a hit and run accident can provide you with:

Legal Knowledge and Guidance

Hit and run accident cases can involve complex legal issues and procedures. An experienced personal injury attorney can provide you with valuable legal advice and guidance throughout the process. They understand the intricacies of hit and run cases and can help you understand your rights, legal options, and potential outcomes.

Investigation and Evidence Gathering

An attorney can conduct a thorough investigation into the hit and run accident to identify the responsible party. They have the resources and network to gather evidence, such as witness statements, surveillance footage, and forensic analysis. This evidence can identify the at-fault driver and build a strong case for you.

Protecting Your Rights

Dealing with insurance companies and legal proceedings can overwhelm you when you’re recovering from injuries or dealing with emotional trauma. An attorney can represent you and protect your rights throughout the process. They can handle all communication with insurance companies, negotiate for you, and advocate for you.

Maximizing Compensation

A skilled attorney understands how to assess the full extent of your damages and calculate fair compensation. They can recover damages for medical expenses, property damage, lost income, pain and suffering, and other losses you may have incurred due to the hit and run accident. By building a strong case and presenting compelling arguments, they can maximize the compensation you recover.

Handling Legal Procedures and Paperwork

An attorney can take care of all the necessary but complex and time-consuming legal procedures and paperwork for you, handling everything correctly and within the required timelines. This saves you from the stress and confusion of dealing with legal formalities and allows you to focus on your recovery.

Trial Representation

In some cases, a hit and run accident may require filing a lawsuit to pursue compensation. If your case proceeds to litigation, an attorney can provide skilled representation in court. They can present your case, argue on your behalf, cross-examine witnesses, and handle all aspects of the legal proceedings to increase your chances of a favorable outcome.

Overall, hiring an attorney after a hit and run accident can provide you with invaluable support, legal expertise, and peace of mind. They can help you navigate the complexities of the legal system, protect your rights, and secure the compensation you deserve for your injuries and losses.

Locating the Hit and Run Driver

An attorney can also work with local law enforcement to identify the driver and bring them to justice. When you report the accident and inform law enforcement that the driver fled, the police will investigate the matter and provide a detailed account of the accident.

However, your attorney can investigate the matter as well. They may employ other resources to expedite the process. For example, your lawyer could hire a private investigator who may track down the hit and run driver.

Eyewitness testimony can help. For instance, a witness may have noted the vehicle’s license plate number or can provide a detailed description of the hit and run driver. Additionally, a local auto repair shop may report working on a vehicle that matches the at-fault vehicle’s description.

What Are My Options for Compensation if I Can’t Locate the Hit and Run Driver?

Your options for obtaining compensation if you can’t locate the hit and run driver will depend on the state where you live and the uninsured motorist coverage you have, if any.

In no-fault insurance states, like Florida, drivers typically rely on their own auto insurance and must maintain the following levels of uninsured or underinsured motorist coverage:

• At least $10,000 in Personal Injury Protection (PIP) coverage
• At least $10,000 of property damage liability coverage

At-fault insurance states, such as Washington, do not require drivers to buy separate uninsured/underinsured coverage. However, insurance carriers must offer the coverage for purchase.

If you have UM coverage, you can file a claim with your own insurance company to seek compensation for your injuries. Additionally, PIP insurance coverage pays for medical expenses, lost income, and other related costs, regardless of who caused the accident. If you have PIP coverage, it can provide you with some compensation for your injuries and losses, even if you cannot identify the hit and run driver.

Also, many states, including Florida and Washington, have crime victim compensation programs that offer financial assistance to victims of violent crimes, which can include hit and run accidents. You must qualify for the program, and you can speak with your attorney about whether you could pursue compensation through the program and the eligibility requirements.

Consult an Experienced Hit and Run Accident Lawyer Today

Not knowing the identity of the driver in a hit and run accident only adds to your frustration and stress about how you will receive compensation. Despite the challenges involved in obtaining compensation after a hit and run accident, you have options.

Act quickly and contact a  personal injury attorney in Tampa to prepare your claim and submit it to your insurance company. A lawyer can handle all aspects of the process to relieve you of some of the stress and worry so that you can focus on your physical recovery. Your attorney can also work diligently to identify the hit and run driver and hold them accountable for your pain and suffering.

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Boohoff Law P.A. – Seattle Office

2200 6th Avenue, Suite 768 Seattle,
WA 98121

Phone: (877) 999-9999

People who drive while impaired by alcohol or drugs place everyone on the road in danger. Drunk driving causes tens of thousands of accidents each year, many of which result in serious injuries or fatalities to other motorists and their passengers.

If you suffered injuries or lost a loved one in a drunk-driving car accident, you likely want to hold the responsible party accountable and get the compensation you need. For help, reach out to an experienced drunk-driving car accident lawyer for an objective review of your case and advice regarding your options.

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Drunk Driving Laws

Virtually all states, including Florida and Washington, passed these DUI laws:

• Anyone older than 21 years of age cannot have a blood alcohol content of 0.08 percent or higher.
• Commercial drivers who have CDLs may not have a BAC of 0.04 percent or above.
• Drivers can face enhanced penalties for DUI if they have a minor in the vehicle with them or their BAC exceeds 0.15 percent.

Also, Washington, Florida, and many other states have zero-tolerance rules for minors and those under 21 who drive under the influence of alcohol. Any detectable amount of alcohol in a minor’s system can result in a DUI charge.

All states have implied consent laws regarding DUI. This means drivers have inherently given consent to submit to a chemical test (breath, blood, or urine) if arrested for suspicion of DUI. Refusal to take a test can result in administrative penalties, such as driver’s license suspension.

Conviction of DUI can result in license suspension or revocation, jail time, and vehicle impoundment. In many cases, drivers convicted of DUI must install ignition interlock devices on their automobiles.

Insurance Claim

Your attorney can file a car accident claim with the drunk driver’s insurance company to seek compensation for your injuries and other losses. This typically involves providing evidence of the drunk driver’s negligence and demonstrating your injuries and damages. Your lawyer will need to gather police reports, witness statements, medical records, and documentation of your expenses.

Settlement Negotiations

The insurance company may respond with a low settlement offer that does not cover all your expenses or they may only agree to cover some of your injuries. Your attorney can negotiate with the insurer to convince them to honor the policy and pay you the full amount you deserve.

Civil Lawsuit Against the Drunk Driver

If the insurance company does not offer a fair settlement or denies your claim, you can file a civil lawsuit against the drunk driver. In a lawsuit, you would need to prove that the drunk driver’s negligence or intentional misconduct caused the accident and resulted in your injuries. Your attorney can guide you through the legal process and build a strong case.

You have a limited time to file a lawsuit against the driver in civil court. For instance, Florida allows you two years, and Washington allows you three. The statute of limitations may vary for wrongful death, so you have no time to lose in contacting an attorney and starting the process.

Criminal Case Involvement

In drunk driving accidents, the driver may face criminal charges for driving under the influence (DUI) or related offenses. You can participate in the criminal proceedings as a victim, providing information and testimony to support the prosecution’s case. The outcome of the criminal case can also influence your civil case or insurance claim.

However, the driver does not have to face criminal charges and the state does not have to convict them of a crime for you to pursue compensation. You may file a civil claim regardless of whether the driver faces any criminal consequences, and your attorney needs only show the driver caused your injuries through a preponderance of evidence rather than proving they drove drunk beyond a reasonable doubt.

Dram Shop Liability

In some cases, you may have a claim against a third party, such as a bar, restaurant, or social host that served alcohol to the drunk driver. Dram shop laws vary by jurisdiction, and they have specific requirements. In many cases, plaintiffs cannot hold an establishment or host liable for serving alcohol to someone who later causes a DUI accident unless the individual was a minor or was known to have an alcohol problem.

Consult an attorney in your state to determine whether you can pursue compensation against a bar, restaurant, adult host, or some other party that served the driver alcohol before the crash.

What Compensation Can I Receive After a Drunk Driving Car Accident?

Whether through an insurance claim or lawsuit, you can pursue compensation to cover your injuries and losses resulting from a drunk driving car accident.

Some common types of damages include:

• Medical expenses. You could obtain compensation for past, current, and future medical bills related to your injuries.
• Lost income. You can pursue reimbursement for income lost due to missed workdays or reduced earning capacity.
• Pain and suffering. You may recover compensation for physical pain, emotional distress, diminished quality of life, and other non-economic damages resulting from the accident and injuries.
• Property damage. You may receive reimbursement for the repair or replacement of your damaged vehicle or other personal property.

Additionally, courts will sometimes award punitive damages when the defendant’s egregious negligence, intentional misconduct, or unlawfulness caused the victim’s injuries or losses. Since your claim involves a drunk driver, you should discuss with your attorney whether taking your case to court makes sense and follow their recommendations and advice on the likelihood you could obtain punitive damages.

The types and amounts of compensation you could receive will depend on the severity of your injuries and other unique factors in your drunk driving car accident case. An attorney can determine the compensation you can pursue and calculate the amounts you deserve. They can also advocate for you and fight each step of the way to increase your chances of getting the maximum amount possible.

Contact an Experienced Drunk Driving Car Accident Attorney Immediately

Pursuing compensation following a drunk driving car accident requires the skills and resources of an experienced attorney. A personal injury attorney in Tempa will understand your state’s criminal DUI laws and personal injury laws and can help you make the most informed decisions. An attorney will also have your best interests at heart, protect your rights, and work diligently to get everything you deserve.

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Boohoff Law P.A. – Seattle Office

2200 6th Avenue, Suite 768 Seattle,
WA 98121

Phone: (877) 999-9999

If you were in a car accident someone else caused, you may believe you can simply file a claim with their insurance company to get the compensation you need. However, what if the other driver did not have insurance or didn’t have enough to cover your injuries and property damage? What if you were in a hit and run accident and can’t locate the driver to determine what, if any, insurance they had?

In these situations, you will file a claim with your own insurance company and use uninsured motorist/underinsured motorist protection to cover your damages. Even though you are dealing with your own insurance, you still need an experienced car accident lawyer to help you with the process.

An attorney will understand insurance laws and the tactics insurance companies use to deny claims or reduce the amount they pay. A lawyer can explain your options, protect your rights, and help you get you all of the compensation you deserve.

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What Is Uninsured/Underinsured Motorist Coverage?

Uninsured/underinsured motorist (UM/UIM) coverage provides financial protection after an accident with a driver who either doesn’t have insurance (uninsured) or doesn’t have sufficient insurance coverage to fully compensate for the damages (underinsured).

UM/UIM coverage also applies to hit-and-run scenarios where you can’t identify the driver who caused the accident, and situations where debris fell from a vehicle and caused injuries and damages, but the driver of that vehicle did not stop and accept responsibility for the incident.

Some key points to understand about UM/UIM coverage:

• Uninsured motorist coverage. If an uninsured driver caused your accident, uninsured motorist coverage comes into play. This coverage pays for your medical expenses, lost income, and other damages resulting from the wreck. It essentially steps in as if the at-fault driver had liability insurance to cover your losses.
• Underinsured motorist coverage. Underinsured motorist coverage will fill the gap when the at-fault driver lacked enough insurance to cover your damages. In such cases, your underinsured motorist coverage can make up the difference between the at-fault driver’s policy limit and the actual damages you sustained.
• Coverage limits. UM/UIM coverage has specific policy limits that determine the maximum amount your insurance company will pay for a covered claim. These limits typically show two separate amounts, such as $25,000/$50,000. The first number represents the maximum per-person limit, while the second number represents the maximum per-accident limit. Each state has different limit requirements, so review your insurance policy with a car accident lawyer to understand your coverage limits.
• Hit and run accidents. UM/UIM coverage comes into play in hit and run accidents where the at-fault driver flees the scene and you cannot identify them. If you have UM/UIM coverage, it can compensate you for your injuries and damages caused by an unknown responsible party.
• Policy requirements. Some states make UM/UIM coverage mandatory while others make it optional. The specific requirements and coverage options vary by jurisdiction and insurance company. Review your policy with your lawyer to understand how your coverage affects your compensation claim.

UM/UIM coverage protects you against uninsured or underinsured drivers. It provides an additional layer of financial security and a source of compensation for your damages after an accident.

Some states require drivers to carry UM/UIM coverage, but Florida and Washington do not. However, they do require insurance companies to offer the protection for purchase if you open a new policy or change your current coverage.

Incidentally, Florida requires drivers to have $10,000 in Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage on any vehicle registered with the state. These protections cover up to 80 percent of all necessary and reasonable medical expenses regardless of who caused the accident.

Why Should I Hire an Attorney to File My UM/UIM Claim?

Some key benefits a car accident attorney offers in filing your UM/UIM claim:

• Helping you understand your insurance policy. Car accident lawyers understand insurance policies and can review your policy to determine if you have UM/UIM coverage. They can explain the coverage limits, exclusions, and any other relevant provisions that may affect your claim.
• Gathering evidence. To support your UM/UIM claim, your lawyer will gather evidence related to the accident. This may include police reports, witness statements, accident scene photographs, medical records, and any other relevant documentation. They may also work with accident reconstruction experts or investigators to strengthen your case.
• Dealing with the insurance company. Your lawyer will handle all communications with your insurance company for you. They will promptly notify the insurer of the accident and your intention to file a UM/UIM claim. This will inform the insurance company of the situation so it can begin its own investigation.
• Providing necessary documentation. Insurance companies require specific documentation when filing a UM/UIM claim. Your attorney will gather and submit all the necessary paperwork, including medical bills, proof of damages, and any other documentation needed to support your claim. They will file complete, accurate documentation within the required deadlines.
• Negotiating with the insurance company. The insurance company may undervalue or deny your UM/UIM claim. A car accident lawyer ensures that skilled negotiators will advocate for your best interests. They will negotiate with the insurance company to seek a fair settlement that adequately compensates you for your injuries, damages, and losses.
• Representing you at trial. If negotiations with the insurance company do not succeed or the insurer acts in bad faith, your lawyer can file a lawsuit for you. They can represent you in court, present your case to a judge or jury, and fight for your rights to obtain the compensation you deserve.

A car accident lawyer will have the experience and knowledge to navigate UM/UIM insurance policies, handle legal procedures, and negotiate with insurance companies effectively, maximizing your chances of a successful claim outcome.

Can I Sue the Uninsured Motorist?

Although you may take the at-fault driver to court and sue for compensation, you don’t always need to. The law does not require you to sue the uninsured motorist to sue an insurance company or file a UM/UIM claim. During the claims process, your own insurer will essentially stand in as the defendant in the case instead of the uninsured motorist or hit-and-run driver.

Your attorney may leave the at-fault driver’s name as the defendant (if known) to prevent the insurance company from moving your case to a federal court, for instance, but the insurer may remain the primary defendant throughout the process.

Will I Have to Go to Court?

Most car accident claims settle out of court. If the insurance company flat-out denies your claim and refuses to settle, or if they act in bad faith in not honoring your claim or violating the settlement agreement, then you may have to take them to court.

You may also go to court if your attorney feels the egregious misconduct or negligence of the at-fault driver warrants a jury trial to pursue punitive damages. You can discuss your case with your lawyer and follow their recommendations.

Speak With an Experienced Car Accident Lawyer Today

Even if an uninsured or underinsured driver caused the accident, you still deserve compensation for the injuries and losses you suffered in the crash. You may rely on your own insurance coverage, but you will need an attorney to file your claim properly and deal with the insurance company for you so you don’t have to worry about it.

Having an attorney file your UM/UIM claim for you can relieve you of the additional burden, and a lawyer can assert your rights, negotiate with the insurer to get a higher settlement, or represent you in court if your case goes to trial. An astute personal injury attorney in Tampa will have your best interests at heart and will work diligently to help you get all you deserve.

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Boohoff Law P.A. – Seattle Office

2200 6th Avenue, Suite 768 Seattle,
WA 98121

Phone: (877) 999-9999

Almost all states require drivers to purchase certain levels of liability insurance coverage to legally drive their cars. Insurance covers property damage as well as medical expenses and other damages sustained because of a crash.

Depending on where you live and where the accident occurred, you may have to rely on your own insurance or file a claim with the at-fault party’s insurance in many cases, you may need to file a combination of the two.

Regardless of the insurance providers involved in your crash, all insurance companies are businesses, and paying on claims reduces their profits. As such, many insurers try to deny claims or reduce the amount they have to pay.

Even if you must file a claim with your own insurance company and have faithfully paid your premiums for years, you may still run into struggles getting the insurance company to accept your claim and pay you what you deserve.

You need a car accident lawyer who understands the various factors involved in filing a car accident injury claim with an insurance company and who can obtain the benefits and compensation you need. Speak with an experienced car accident attorney immediately for a free review of your case and advice regarding your options.

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Tips on Dealing with the Insurance Company

To protect your rights and ensure fair compensation for your losses, contact an experienced car accident attorney and have them handle the challenging process for you.

Your attorney can:

Explain Your Policy

You should familiarize yourself with your insurance policy to know your rights, coverage limits, and the claims process. Pay attention to deadlines for reporting the accident and filing a claim. Your lawyer can review your policy with you so you understand its terms and exceptions.

Documenting the Accident

Collect as much evidence as possible to support your claim. This includes taking photos of the accident scene, damage to vehicles, injuries, and obtaining contact information from witnesses. Keep records of medical treatment, expenses, and any other relevant documentation. Your attorney can collect evidence, and they will have resources to draw upon to facilitate the process or obtain evidence you cannot acquire on your own.

Contact Your Insurance Company

No matter where the accident happened, notify your insurance company promptly about the accident. Provide accurate and detailed information while describing the events, but avoid admitting fault or discussing settlement amounts at this stage.

Refer the Insurance Adjuster to Your Car Accident Lawyer

When speaking to your own insurer or the at-fault party’s insurance company, speak carefully. Insurance adjusters work for the insurance company and their goal is to minimize payouts. Do not agree to provide recorded statements, as they may use them against you later. Stick to the facts and avoid speculating or guessing.

Keep Records of All Communications

Although you should refer all communications from the insurer to your lawyer, if the insurance company does contact you, maintain a detailed record of all communication with them. This includes phone calls, emails, letters, and any settlement offers. Note dates, times, and names of individuals, and summarize the conversations.

Obtain a Professional Assessment

Seek a comprehensive evaluation of your injuries, property damage, and other losses from a trusted medical professional, mechanic, or other relevant experts. This will provide supporting evidence for your claim and help your lawyer determine the extent of damages. Your attorney can ensure you get the appropriate documentation.

Do Not Rush to Settle

Insurance companies like to resolve car accident claims as quickly as possible. Thus, many initial settlements offer less than what the claimant demands.

If the insurance company offers a settlement, evaluate it carefully with your attorney. Consider whether the settlement adequately covers your losses, including medical expenses, property damage, lost income, pain and suffering, and future costs.

Do not rush to accept a settlement, especially not a low initial settlement. Work with your attorney to fully document the extent of your injuries and identify and calculate all compensation necessary to cover your damages. If you accept an offer too soon, you may lose out on compensation you will later need.

Bad Faith Actions

Your attorney can review the insurance laws and regulations in your jurisdiction and explain what actions by an insurance company constitute bad faith. Common examples include unreasonably denying or delaying claims, inadequate investigation, misrepresentation of policy provisions, unfair settlement offers, or refusing to communicate in a timely and transparent manner.

If you and your lawyer determine the insurer is acting in bad faith, your lawyer can file a complaint with your state insurance regulatory agency, and they can file a lawsuit against the insurer in court.

Contact an Experienced Car Accident Attorney Today

Every car accident is unique, and so too is every insurance provider. If you have issues with the insurance company regarding your car accident injury claim, you need an experienced car accident attorney who can provide personalized guidance and advocate for you throughout the process. However, you must act quickly since you have a limited time to file a car accident lawsuit in civil court. Do not delay, contact a personal injury attorney in Tampa today.

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Boohoff Law P.A. – Seattle Office

2200 6th Avenue, Suite 768 Seattle,
WA 98121

Phone: (877) 999-9999

Distracted driving is one of the deadliest causes of traffic accidents across the United States. In fact, according to the National Highway Traffic Safety Administration, more than 3,000 people died due to distracted driving accidents in a recent year.

Distracted drivers must face the consequences of their actions, which means paying financial compensation to their victims. Having an attorney working for you is the best way to ensure you get the money you need to recover after an accident.

Taking your eyes off the road for even a second can lead to a severe car accident. To learn more about distracted driving accidents and common types of distractions while driving, continue reading and consult with a car accident lawyer.

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What Is Distracted Driving?

Any activity that takes your attention or eyes off the road is distracted driving. Multi-tasking while driving is dangerous, and drivers should never do it.

Distracted driving can include:

• Operating a vehicle while under the influence of drugs or alcohol.
• Texting and driving.
• Looking at your GPS.
• Eating.
• Talking on the phone even with Bluetooth.
• Disciplining children.
• Anything else that can cause you to take your hands off the wheel or eyes off the road.

Statistics Regarding the Facts About Distracted Driving

Here are some facts about distracted driving: 

• About 20 percent of victims of distracted driving accidents over the years were outside of a vehicle when the accident happened, including pedestrians, bicyclists, and motorcyclists.
• Nearly 3,000 people lose their lives in distracted driving accidents every year across the country.
• Almost 400,000 people suffer injuries in distracted driving accidents each year.

Types of Distracted Driving

There are different categories of distracted driving accidents. Distracted driving accidents happen anytime a driver takes their attention off the road. The three categories of distracted driving accidents include:

Cognitive Distractions

Cognitive distractions happen when a driver takes their attention off driving. These can occur when a driver texts and drives, answers emails while driving, does their makeup, eats breakfast on the way to work, or is otherwise distracted. Ironically, a driver who is distracted by a traffic accident might cause another and potentially more severe accident. Drivers should remain focused for the entire time they are operating a vehicle.

Visual Distractions

Visual distractions occur when drivers take their eyes off the road. A driver’s eyes should remain on the road ahead. A distracted driving accident can happen if the driver looks at the rearview mirror for too long.

Manual Distractions

Manual distractions involve drivers taking their hands off the wheel. Even a moment of losing control can cause a severe accident. Anytime a driver is behind the wheel, both hands should remain on the wheel.

Some Distractions are Particularly Dangerous

Importantly, some activities involve multiple types of distractions, making them especially hazardous. For example, when a driver texts, they are thinking about their message, looking at their phone, and using their hands. If you see a driver engaging in this type of behavior, get as far away as possible.

What Should I Do if I Am Hurt by a Distracted Driver?

If you are the victim of a distracted driver, you should ensure that your physical well-being is taken care of along with each of your passengers. Taking the following steps can protect your physical health and legal rights after an accident.

Get Medical Help Immediately

Get medical attention immediately. The most important thing after an accident is to ensure you are okay. Even if you do not believe your injuries require a visit to the emergency department, you should see a doctor anyway. You can be suffering from internal injuries that only a physical examination can reveal.

A medical examination can also help you build your case. Immediate medical attention can help you connect the accident as the cause of your harm. Accident plaintiffs must prove that the accident caused their injuries. This can be difficult to prove, especially if the other driver’s insurance company wants to disprove your claims. Getting contemporaneous medical attention after a car crash gives insurance companies less room to argue something else caused your injuries.

Avoid Speaking About the Accident

After an accident, in addition to avoiding conversation with opposing insurance companies, you should refrain from posting anything on social media. Every statement you make after a car crash can help build up or tear down your case. In the aftermath of an injury, remember to post wisely.

Speak to An Attorney Immediately

After getting medical attention, speak to an experienced car accident attorney. Time is of the essence when it comes to car crash cases. You should not talk to anyone, including the other driver’s insurance company, without securing your counsel. Your attorney will help you understand how to file a claim or lawsuit and get the money you need after an accident.

Are Certain Drivers More Likely to Engage in Distractions Behind the Wheel?

Anyone can make a mistake behind the wheel. However, despite each of us having the ability to make a mistake like taking our eyes off the road, there are some groups that tend to be at greater risk of causing these accidents.

Some of those groups include: 

• According to a Centers for Disease Control and Prevention (CDC) survey, student drivers regularly admit to texting, driving, and checking their emails while driving.
• Drivers under 20 years old are more likely to get into accidents due to distracted drivers than other groups. Distracted driving accidents represent nine percent of all accidents reported in this age group.

Are Distracted Driving Accidents Preventable?

Distracted driving is completely preventable, and these accidents do not have to happen. There are many activist groups that fight to raise awareness and end distracted driving for good.

Community Activist Programs to End Distracted Driving

Many parent groups have begun to respond to the epidemic of distracted driving. They tend to provide information about the need to end driving habits that often cause distracted driving accidents.

Some of the groups that focus on ending distracted driving include: 

• UNITE Arrive Alive Tour
• Salt & Light Productions
• Stop Texting and Driving Distracted (STANDD)
• Street Safe
• End Distracted Driving
• Teens Against Distracted Driving
• Safe America Foundation
• Stay Alive Just Drive
• It Can Wait

While these groups do wonderful work, it does not replace the effectiveness of having personal conversations with people who are familiar with the driver. In particular, parents of teenage drivers can have critical conversations with their children.

Parents should always encourage safe driving and model the behavior themselves. Teaching good driving behaviors can help prevent accidents in the future.

Teenagers are influenced by each other. Teenagers who learn the correct and safe driving techniques will positively influence their peers leading to fewer accidents caused by distracted driving.

Economic Damages

Economic damages are tangible losses sustained by a victim in a car crash. These losses are usually easy to recognize and prove, at least for the most part. As an accident victim, you may not know the extent of your economic damages. An attorney can help you recognize and pursue all these losses.

Examples include: 

• Current and future medical bills.
• Current and future lost income.
• Loss of earning capacity includes the loss of the ability to return to work in the industry you worked in before the accident.
• Loss of consortium.
• Loss of companionship.
• The cost of hiring domestic help is if you can no longer cook, clean, dress yourself, or care for children or pets.

Non-economic Damages

Non-economic damages are harder to prove. This damage category represents an accident victim’s intangible losses after a crash. Many accident victims do not know what they may be entitled to recover in this category of damages. A skilled attorney can help you identify your losses and help you pursue full recovery.

Examples of non-economic damages include: 

• Loss of enjoyment of life.
• Decreased quality of life.
• Disability and disfigurement.

How Can An Attorney Help Me?

Car accident lawyers help victims protect their legal right to recover compensation after a crash. Attorneys advocate for their clients, ensuring you get the recovery you deserve.

To help you win your accident case, you’re your car accident attorney may: 

• Field correspondence from medical billing departments. After an accident, many victims get phone calls, emails, and letters from bill collectors related to hospital bills. Getting contacted by agencies that say you owe them money is stressful. Your legal team can help alleviate that stress and help you focus on your physical recovery.
• Connect you with the medical care that you need. Often, doctors do not want to treat accident victims. These cases are undesirable because doctors do not want to get involved with legal proceedings that have the potential to last for months or years.
• Build your accident case. They will work with you on effectively presenting your case to an insurance company or jury. Your lawyer will ensure you do not downplay your injuries and get the money you need to recover financially.
• Negotiate a settlement with insurance companies. Dealing with a large insurance company on your own leaves you vulnerable to tactics adjusters use to avoid paying settlements to victims. Insurance companies use common tactics: shifting blame to the victim, offering quick lowball settlements, trapping you into a statement, etc.
• Conduct an independent investigation into your accident. After the crash, the police will compile a report, and each insurance company will investigate the accident. Your attorney will use each report as a starting point for their own investigation. The legal team you choose may visit the accident scene, review your medical records, speak to witnesses, review property damages, and collect other data to help understand the cause of the accident and begin building your case.
• File a lawsuit against the defendant. Filing a lawsuit and an insurance claim can get complicated. An experienced accident attorney can help you comply with applicable rules to ensure the court does not dismiss your case on technical grounds.
• Handle all the legal tasks related to your case. You may have many questions as you pursue a car accident case. There is a lot of misinformation online that can confuse and frustrate you. Rely on the experience of an experienced attorney to help you get the compensation you need.

What if I Cannot Afford An Attorney?

Many accident victims are afraid to pursue a lawsuit after a car accident because they do not think they have the money to pay for an attorney. Fortunately, many civil accident lawyers work on a contingency fee basis.

A contingency fee is a payment arrangement that allows a client to defer payment for legal services until the end of representation. Personal injury attorneys who work on contingency will take a percentage of the final settlement amount once you receive it. In most cases, victims will not owe their attorney anything if they do not recover a settlement or award.

Contact An Attorney Today

In the event that you have suffered injuries because of a distracted driver, you should call a personal injury lawyerin Tampa as soon as you can. In many instances, victims can obtain compensation for all of their accident-related losses, including their past and future medical expenses, lost income, property damage, and physical and emotional pain and suffering.

Request A Free Consultation Today!

Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606

Thousands of people rely on taxicabs every day throughout the United States. While cab drivers are supposed to be trained professionals, they can cause accidents just like anyone else. In many cases, crashes that taxi drivers cause injure passengers, other motorists, pedestrians, and bicyclists who are unlucky enough to be in the wrong place at the wrong time.

If you have suffered injuries in a taxicab or Uber accident, there is a good chance that you are entitled to compensation for your losses. As a victim, the best thing to do is to retain a uber accident lawyer as soon as you can to protect your rights.

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Typical Taxicab Claims Involve These Steps

Each claim stemming from a car accident is unique, making it difficult to predict the outcome. There are several steps that each potential taxicab plaintiff should take to ensure they protect their case and legal rights following a crash. Take the following steps after a taxicab accident.

Get to Safety and Call 911

Most states require that people involved in accidents call the police and make a report. The officer will speak to drivers, passengers, and witnesses at the accident scene to determine who is at fault. As a passenger in the cab, you are a witness to the accident. Make sure you get a copy of the police report and allow your attorney to review it.

If you suffered an injury, visit the hospital and have a doctor examine you. Your well-being is the most important thing after an accident, so take care of your physical health.

Schedule an Initial Consultation With an Accident Attorney

You need to speak to an attorney immediately after the accident to preserve your legal rights. Filing a lawsuit begins with filing a timely complaint. Your complaint must include specific language pleading facts and asking for requests for relief that you intend to recover from the lawsuit.

Attorneys have legal training. You can rely on their knowledge to ensure you plead every claim that applies to your case.

An accident victim gains an advantage when hiring an attorney, as attorneys are typically well-versed in the technical rules of filing a lawsuit. Below are explanations of each step of the lawsuit. Continue reading to learn more.

Find the Potentially Responsible Defendants

The list of potential defendants can be pretty long in cases involving employees and employers. Under the legal doctrine of vicarious liability, an employer is responsible for the injuries an employee’s negligence causes. If the company employs your taxicab driver, the driver and the company should be defendants in the lawsuit.

Other potential defendants include:

• Manufacturers.
• Mechanics.
• Office employees.
• City and state governments.

Properly Serve Each Defendant

The rules of civil procedure in each state require that each defendant in a lawsuit is served appropriately. Service of the process puts defendants on notice of the lawsuit. Finding each of the above potential defendants can get complex if you do not have a legal team working on your behalf. In cases involving taxicab companies, you may need to serve a corporation with a copy of the complaint and the summons. Finding the correct defendant can be challenging as you peruse the state’s Secretary of state website.

After finding each defendant, you must adequately serve them. The laws for service are specific per state, and process servers must follow them closely. An experienced attorney can ensure that they handle the process of serving people involved in your claim appropriately.

Answer Each Counterclaim On Time

Based on the Rules of Civil Procedure, a defendant gets a set time to answer the allegations in the complaint. A defendant can admit or deny allegations, or they can file a motion to dismiss the case. In some instances, the defendant may even file a counterclaim.

Plaintiffs must file an answer to any motions that the defendant files. These answers are on a deadline. If you miss your deadline, it can hurt your case.

How Do I Overcome a Motion to Dismiss?

A motion to dismiss may contain a legal argument to support the defendant’s side of the lawsuit. Most states allow a defendant to file a motion to dismiss instead of filing an answer. Answering a motion to dismiss requires legal arguments, often technical legal arguments, and familiarity with the applicable rules of civil procedure.

If you do not have experience with the law, you may be unable to respond effectively to highly technical legal questions. An accident attorney can carefully consider the arguments presented in a motion to give your case the best chance to survive a motion to dismiss.

What Happens After I File My Lawsuit?

Once you file your lawsuit, the court will schedule the litigation. In addition, the other side can file an answer or other pleadings. Your case may still be in negotiations with the insurance company, but it will proceed to trial if you cannot resolve your matter.

A civil lawsuit can take months or years. Each stage of the case is essential and can make or break the outcome of your claim. The following are some of the stages of personal injury lawsuits.

Depositions

Depositions are interviews that lawyers conduct out of court with people under oath. The things witnesses say during a deposition have the same weight as live trial testimony.

Attorneys use depositions for many reasons, including getting the testimony of witnesses that cannot appear at trial. Each party may also be required to give deposition testimony. Unrepresented accident victims are vulnerable if they must give a deposition.

During a deposition, each side must comply with the rules of procedure. In addition to ensuring compliance with the law, attorneys can easily subpoena witnesses they suspect will not show up at trial, for example, if the witness lives out of town and cannot appear at trial or multiple court appearances. Having recorded testimony makes the trial move along more smoothly.

Discovery

Discovery is the investigation phase of a lawsuit. During the discovery phase, the parties must disclose all relevant information that may prove the facts of the case or disprove allegations in the complaint, answer, or motions.

An experienced attorney knows how to carefully craft questions and request documents to help you build a strong case that will allow you to receive the maximum compensation available.

Finding the Correct Expert Witnesses

As your case moves forward, you may discover that you need an expert witness. Expert witnesses help accident victims prove the cause of their injuries, describe how the injuries affected their lives, and establish whether they will have to deal with the consequences of the accident for many years to come.

Expert witnesses are hard to come by for people representing themselves. Accident attorneys who have been representing victims for many years usually have an extensive network of expert witnesses that they can hire to help you prove the elements of your case.

Duty

Every driver must drive safely and avoid accidents. Taxicab drivers are common carriers and have an increased duty to ensure their passengers get to their location safely. Common carriers include public transport for hire.

Breach

A breach of duty happens when a driver operates a vehicle in an unsafe way that causes an accident or endangers the safety of occupants and other drivers. A breach can occur if the taxicab driver does something like running a red light, blowing through a stop sign, talking on the phone while driving, drinking and driving, or otherwise violating traffic rules.

Causation

The accident plaintiff must prove that the accident was the cause of the injuries they suffered. To help prove causation, accident attorneys may advise their clients to seek medical attention immediately after the accident, comply with medical treatment, and hire expert witnesses to testify about the plaintiff’s harm.

Damages

Damages include all losses that a plaintiff may suffer due to the accident. Every accident plaintiff must prove damages to win a taxicab lawsuit.

What Damages Are Available in Taxicab Accident Cases?

Plaintiffs in taxicab accidents may recover for various losses after an accident.

Plaintiffs may recover for the physical losses they suffered, including present and future medical bills, present and future lost income and earning capacity, the cost of hiring domestic assistance if they cannot complete household tasks on their own, and recover for other applicable losses.

Accident victims also may recover compensation for damages, including pain and suffering, loss of enjoyment of life, diminished quality of life, and other intangible losses.

In some states, punitive damages are available. Courts use punitive damages to punish defendants and deter future bad actors. Punitive damages are often subject to state limits and are not the largest source of recovery for most accident plaintiffs. Speak to your attorney to learn more about the availability of punitive damages in your case.

Rideshare Companies

In addition to taxicab companies, rideshare apps like Uber and Lyft should be examined to determine if they share liability. The critical difference between taxicab companies and rideshare apps is the status of the drivers.

Employees vs. Independent Contractors

Whether the company is liable for workers’ actions depends on several factors, including whether the worker is an employee or an independent contractor. Employers are generally responsible for the negligent acts of their employees, but the same is not so for independent contractors.

A worker is classified as an employee if the company controls their work and pay schedule, supplies them with the equipment to do their job, and supervises their work.

The company will generally not supervise an independent contractor and does not control their earnings or schedule.

Drivers for Uber and Lyft are independent contractors. Therefore, the companies they drive for are not typically liable for the negligent actions of their drivers unless certain circumstances apply, such as the driver had an active passenger.

Common Injuries In Taxicab Lawsuits?

There are many kinds of injuries that you may face after a taxicab accident. It is difficult to predict the specific damages one might suffer, but certain injuries are common in car accidents. Common injuries in taxicab lawsuits include:

Brain Injuries

The impact of a car accident can cause head trauma. Any blow to the head can have devastating results and leave a victim with the permanent effects of a brain injury.

Whiplash

Whiplash causes a strain on the neck. It happens when a vehicle goes quickly and suddenly stops causing a person’s head to jerk quickly forward. Whiplash is a soft tissue injury and can heal with time and rest. That said, it can be extremely painful, last for months or even years, and prevent victims from working or engaging in activities that they enjoy,

Broken Bones and Spinal Injuries

A car crash can cause broken bones and spinal cord injuries. Broken bones can disable a person for weeks or months. A spinal cord injury can cause long-term or permanent disability.

Seat Belt Injury

If the passenger is wearing a seatbelt at the time of the accident, they may suffer a seatbelt injury.

What if I Cannot Afford an Attorney?

Suppose you find yourself the victim of an accident involving a taxicab driver and are concerned about the cost of legal representation. In that case, you can retain legal counsel with a contingency fee agreement.

A contingency fee agreement is a payment structure that allows clients to defer payment of legal services until the end of a case. Lawyers typically do not recover a fee unless the plaintiff has a financial settlement.

If you want to pursue your case and take advantage of a contingency fee agreement, contact an attorney in your area and discuss payment options.

Contact a Taxi Accident Attorney Today

You deserve to be safe when you enter into another person’s care. If a problem happens and you get hurt, you need the assistance of a qualified taxicab accident lawyer.
Contact a personal injury attorney in Tampa to learn more about your legal options after an accident.

Request A Free Consultation Today!

Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606