Car Accident in a Friend's Car: Who Is Liable? The Car Owner or the Driver?

Getting Into a Car Accident in a Friend’s Car: Who Is Liable? The Car Owner or the Driver?

In most car accident cases, determining liability is fairly simple. The first question is which driver caused the accident, as the insurance laws in a state may require the at-fault motorist’s insurer to cover their victims’ medical bills and property expenses.

What happens when someone in a car accident does not own the vehicle they were driving? If you are in a car accident in a friend’s car, the friend’s insurance will generally cover your and any third party’s losses—but not always. You will need to consult a car accident lawyer to know for sure.

The Car Owner’s Insurance Typically Covers Accident-Related Losses

Car Accident in a Friend's Car: Who Is Liable? The Car Owner or the Driver?

Auto insurance policies, in reality, apply to the vehicle just as much as the driver. So long as the friend involved in the accident is not a regular user of the vehicle, the vehicle owner’s auto insurance should cover the friend’s medical bills (and certain other damages).

The car owner’s insurance generally serves as the first financial line of defense for accident-related losses. This includes both losses suffered by the car owner (such as property damage), the friend, and any third parties who suffer injuries, property damages, and other losses because of the collision.

Determining Liability When You Are in an Accident in a Friend’s Car

Each state has different approaches to auto insurance, specifically determining whose insurer must pay for whose accident-related losses. Therefore, your attorney will need to establish liability; in doing so, they determine who must pay for your accident-related losses.

If You Caused the Accident in a Friend’s Vehicle

If you are the person who caused the car accident while driving a friend’s vehicle, the friend’s auto insurance may cover your losses (and any third party’s losses). However, if you have your own auto insurance, it may serve as a backup form of financial support for you or any third party harmed by the accident.

If a Friend Caused the Accident in Your Vehicle

If you are the vehicle owner and a friend who you let borrow the vehicle caused an accident (or was the victim of an accident), your auto insurance may cover damages. This can affect your auto insurance premiums, and a lawyer can explain any options that may shift liability to your friend.

If you did not give your friend permission to borrow the vehicle, this can affect liability for the accident. The friend’s auto insurer may have to cover accident-related losses, the injured party can try to hold the friend personally liable for any harm they caused.

If a Third Party Caused the Accident

If a third party caused the collision involving you or your friend, you can hold that third party’s insurer liable for accident-related losses. You can hold the third party liable for any losses exceeding their auto policy’s coverage limits.

States handle auto insurance claims differently, with the two primary insurance approaches being:

  1. No-fault insurance laws
  2. Fault-based insurance laws

Your attorney will consider the insurance laws in your state as they develop a comprehensive strategy for pursuing compensation for you or protecting you from others’ attempts to hold you liable.

Key Considerations That Can Make Your Car Accident Case More Challenging

Accidents where a vehicle owner is not the driver require personal injury lawyers to address several critical questions, including:

  • Who caused the accident?
  • Did a hazard other than motorist negligence (such as a vehicle defect) contribute to the collision?
  • What is the insurance status of the vehicle drivers and owners?
  • What are the insurance-specific laws in the state, and do those laws place the financial burden on the at-fault motorist?
  • Do victims’ accident-related losses exceed the coverages provided through insurance?

These questions are usually impossible to answer on your own. You need to hire a car accident lawyer to lead your case.

Advice for Car Owners Whose Friend Causes an Accident in Their Vehicle

If you are the owner of the vehicle in the accident but weren’t driving the vehicle at the time of the collision, you must protect your financial interests. Depending on the details of the accident and the state in which your accident happened, you may stand to gain or lose much from an insurance claim or lawsuit.

Consider that:

You May Deserve Compensation for Vehicle Repairs

You deserve fair compensation to repair or replace your vehicle. Though your friend may have been behind the wheel, your vehicle took the direct impact of the collision.

A personal injury lawyer will work to secure fair compensation for:

  • Vehicle repairs
  • Replacement of a totaled vehicle
  • Money to cover temporary transportation
  • Any other accident-related losses you suffer as a result of the accident

A lawyer will review the circumstances of the accident, evaluate your damages, and propose a strategy specific to your needs.

Can an Injured Party Hold You Liable for the Accident?

As the vehicle’s owner, you may be liable if your friend caused the accident. If a third party’s accident-related damages exceed the insurance coverage provided by your policy and any auto policy your friend has, the third party may sue you for financial damages.

State laws vary when it comes to liability for car accidents. Having an experienced personal injury lawyer on your side can spare you from direct liability for an accident you did not cause.

A Personal Injury Lawyer Can Provide Comprehensive Legal Services

Regardless of whether your friend caused their accident or not, you may face financial liability or deserve compensation for yourself. Hiring a personal injury lawyer will allow you to avoid the complexities of insurance claims or a lawsuit, as they’ll efficiently evaluate your circumstances and provide clear, detailed advice.

Advice for Those Involved in an Accident While Driving Their Friend’s Car

If you were driving a friend’s car and were in an accident, consider that:

By One Means or Another, Someone Should Cover Your Losses

You can pursue compensation for medical bills, income losses, and other accident-related damages in many ways.

You may secure compensation from:

  • A third party’s insurer
  • Your friend’s auto insurer
  • Your own auto insurer
  • A third party or your friend, who you may hold financially liable for your damages

Even if a third party’s damages exceed insurance coverage, they may sue the vehicle owner for damages.

Your Friend’s Negligence May Have Harmed You

If a defect in the vehicle caused or contributed to the accident, you may hold your friend personally liable for your accident-related damages.

For example, a vehicle owner who fails to replace worn-out brakes exposes their friend to danger, especially if they don’t inform the friend of the defective brakes before allowing them to borrow the car.

You May Need to Speak with Your Own Auto Insurer (but Only After Hiring a Lawyer)

Your own auto insurers may need to know about your accident and may even need to provide compensation to you or others affected by the accident. Always have an attorney provide this notice, as they should carefully handle any and all insurance communications, even with your provider.

Giving an insurer recorded statements can hurt your case if you:

  • Misremember the facts of the accident
  • Unintentionally admit to causing the accident
  • Make any other errors that shed a poor light on you (or your friend)

An attorney can prepare you to make any necessary recorded statements. Your lawyer may even arrange for you to submit a carefully crafted written statement without risk of misinterpretation.

A Personal Injury Attorney May Be of Great Use to You

You may benefit greatly from hiring a personal injury lawyer. Your lawyer will seek any compensation you deserve while protecting you from unfair financial liability for the accident.

Why Hiring a Car Accident Attorney May Be Wise in Any of These Circumstances

Anyone connected to a car accident needs a capable personal injury lawyer because:

  • A lawyer protects your rights and prevents catastrophic mistakes (like admitting fault for an accident, accepting a lowball settlement, or allowing the statute of limitations to pass)
  • You may deserve compensation, and a lawyer will make it their mission to recover it for you
  • You may lack the time, energy, or knowledge to sort out liability and fight for a financial recovery
  • A personal injury lawyer’s firm can provide much-needed financial support for your case

Even if a personal injury lawyer is not the right attorney to lead your case, they may refer you to a lawyer who will better represent you.

How a Personal Injury Attorney Will Help You

Personal injury lawyers generally seek compensation for accident victims. Knowing that car accidents can cost hundreds of thousands or even millions of dollars, your attorney may face a tall task.

Personal injury lawyers serve their car accident victim clients by:

Evaluating All Options for Seeking Compensation, Including Insurance Claims and Lawsuits

Your role in the accident (or lack thereof, if you’re the vehicle owner) may largely determine your options for seeking compensation. Your state’s laws regarding liability and auto insurance coverage will also be relevant.

An experienced personal injury lawyer in your area may be a trove of information about insurance laws. They will combine their existing knowledge with the details of your case (including specific insurance policies) to advise the right strategy.

Initiate Any Claim(s) or Lawsuit You Choose to Pursue

Once you and your lawyer have identified a strategy for seeking compensation, your lawyer will execute that strategy. They must act quickly because your case likely has a filing deadline for lawsuits (and similar deadlines for insurance claims).

Gather All Accident-Related Evidence

Your attorney will pursue any evidence that can benefit your case, which may include:

  • Witness accounts of the collision
  • Video footage of the collision
  • Expert opinions about who is at fault for the accident
  • Any statements related to whether you allowed your friend to borrow the car (or, as the friend, whether the owner allowed you to borrow the car)

Evidence is unique to each car accident case. Your lawyer may work with experienced accident investigators to build a strong, evidence-based case for compensation.

Document Your Accident-Related Damages (and Calculate a Fair Settlement)

A client’s damages are always the central focus for car accident lawyers. Your attorney will secure any medical images, doctors’ records, medical bills, invoices for property-related services (like vehicle repairs), and other proof of your damages.

Negotiate a Settlement

Your lawyer will negotiate with insurers or other parties who owe you compensation for a car accident.

Negotiations may require your lawyer to:

  • Present evidence of liability for the car accident
  • Detail specific aspects of insurance policies that prove you’re entitled to compensation
  • Present and question experts who have insight into liability or your damages
  • Present documentation of your damages to support their calculation of how much your damages cost

Most civil cases settle, but the goal is to settle for the entire amount of compensation you deserve. Your lawyer should fearlessly advocate for you during settlement talks.

Complete Any Necessary Trial

If settlement negotiations in your case prove difficult, your attorney should prepare for trial. If you must go to trial, you need a lawyer who will represent you in court.

Recoverable Damages an Attorney Can Seek Compensation For

A lawyer will seek compensation for any damages you suffer in the car accident, which may include:

  • Property damage
  • Pain and suffering
  • Lost income
  • Diminished earning power
  • Treatment for pain and suffering
  • Temporary transportation
  • Medical expenses

Your attorney will consider both existing and future damages as they set the bar for settlement negotiations.

Call an Attorney Today to Discuss How They Can Serve You

Tatiana Boohoff - Tampa Car Accident Lawyer
Tatiana Boohoff, Car Accident Attorney in Tampa

A free consultation will allow you to ask a law firm about their services and to understand if a personal injury lawyer is the resource you need. Don’t wait, as a lawyer may need to meet a deadline for filing your case.

Request A Free Consultation Today!

Where Do Car Accidents Most Occur in Seattle

Where Do Car Accidents Most Occur in Seattle?

Seattle’s main traffic arteries throughout the city are where car accidents most often happen. These streets are also the most common sites for fatal accidents, including pedestrian accidents.

Specific streets noted for their high volume of traffic accidents include Lake City Way, Aurora Avenue North, and Rainier Avenue South. However, car accidents can occur on any street in Seattle when motorists, pedestrians, the city, or others’ negligence results in a collision.

If you’ve been involved in a car accident and need legal assistance, consider reaching out to a Seattle car accident lawyer to protect your rights and seek compensation.

Request A Free Consultation Today!

The Most Dangerous Areas for Motorists and Pedestrians Traveling in Seattle

Several areas and roadways should place you on high alert as a pedestrian or motorist, including:

Intersections

Law enforcement officers, insurance adjusters, and car accident lawyers know intersections are dangerous.

A disproportionately large number of accidents happen at intersections because:

Where Do Car Accidents Most Occur in Seattle

  • Intersections involve motor vehicles crossing paths in different directions, which always presents a risk of collision.
  • Intersections often require motorists to make judgment-based decisions, and they do not always make proper judgments.
  • Motorists at intersections must determine who has the right of way, and their determination is often incorrect.
  • Intersections bring many motorists into close proximity, which increases the statistical likelihood that an accident will happen.

Intersections are often chaotic, which can confuse, panic, or rush a motorist. When traffic signals stop working, rush-hour traffic hits, poor weather emerges, or other hazards are present, intersections become even more dangerous than usual.

High-Traffic Roadways

The likelihood of a motor vehicle accident is, in many cases, little more than a numbers game. The more vehicles that travel on a given road, the more likely that road will see an accident.

High-traffic roadways may also:

  • Leave motorists little room to navigate, and bumper-to-bumper traffic is a risk factor for accidents.
  • Enrage, panic, or compromise motorists in other ways that increase the risk of an accident.
  • Wear down through the heavy flow of vehicles, causing potholes, cracks in the pavement, and other hazards that increase the risk of an accident.

When an accident happens on a busy road, other motorists may not stop in time to avoid secondary collisions. High-traffic roads may pose a higher likelihood of multi-vehicle, chain-reaction accidents.

High-Speed Roadways

When Seattle has reduced speed limits on its arterial roads, researchers have discovered lower rates of accident-related injuries. This finding reinforces what we already know to be true: Speeding contributes to both the frequency and severity of auto accidents.

Roadways with high speed limits, including but not limited to highways, may see more total accidents than roads with lower speed limits.

Roads with Narrow Shoulders

As a city that has embraced environmentally-friendly means of travel, bicyclists, scooter riders, and motorists are often nearby. Embracing non-motorized travel requires that Seattle provide safe bike lanes, wide sidewalks, and other conditions to keep bicyclists, walkers, and scooter riders safe.

If a roadway does not provide enough room for non-motorists to travel safely, it may pose a high risk of pedestrian accidents.

Impoverished Areas of the City

93 percent of fatal pedestrian accidents occur on arterial streets. The source that reported this finding also reported that areas with high poverty rates (increasingly common in Seattle) may pose a high accident risk, especially collisions between motorists and pedestrians.

Those in impoverished areas may be more likely to be walking or biking on or near the street, as they may lack their own motor vehicle. More pedestrians near a roadway generally mean a higher risk of a pedestrian accident.

Roads Lacking Adequate Traffic Signals or Signage

Roads that do not have adequate signage put motorists and pedestrians in danger.

Danger can arise when a road or intersection lacks:

  • Stop signs
  • Yield signs
  • Traffic signals
  • Pedestrian crossing signals
  • Lane markings

Signs that fall or traffic lights that don’t work present significant threats to motorist and pedestrian safety.

Dilapidated Roadways

Seattle’s streets rank among the most flawed in the nation, as the city’s residents and visitors must regularly dodge potholes and other blemishes.

Uneven pavement, potholes, cracks, and other road-related hazards can cause accidents when:

  • The blemish causes the motorist to lose control of their vehicle, striking another vehicle, pedestrian, or fixed object as a consequence.
  • The motorist swerves to avoid running into a road-related hazard but hits another vehicle, pedestrian, or object as a result.

The City of Seattle or another responsible party may be financially liable when substandard road conditions contribute to a collision.

Roads Under Construction

Streets in Seattle undergoing substantial construction may be safer in the long term.

During construction, however, these streets may have increased hazards, including:

  • Heavy equipment
  • Concrete barriers
  • Traffic cones and barrels
  • Work crews
  • Confusing signage

Unsafe construction zones pose a safety risk to motorists, workers, and anyone else near the construction site.

Car Accidents Can Happen Anywhere in Seattle

While a car accident may be more likely to occur on an arterial road, at an intersection, and in certain other high-risk areas of Seattle, auto accidents happen every day all across the city.

Regardless of where you are driving, walking, or riding in Seattle, you may be involved in an accident because:

A Motorist Acts Carelessly

Motorists cause most accidents, and collisions in Seattle often result from a motorist:

  • Speeding
  • Tailgating
  • Changing lanes recklessly
  • Stopping abruptly
  • Driving while distracted
  • Driving while drunk, under the influence of drugs, or impaired in any other way
  • Running stop signs, yield signs, or traffic lights

If a motorist hit your vehicle or struck you as a pedestrian, the motorist’s insurer may be liable for your accident-related damages. You may even hold the motorist personally liable if you pursue a lawsuit.

A Pedestrian Causes a Collision

Pedestrians in Seattle do not have the strongest reputation for predictability and have undoubtedly caused many accidents in the Emerald City. A pedestrian who darts into the roadway for no apparent reason, jaywalks, veers out of the bike lane, or does anything else that disrupts traffic may cause a collision.

A motorist may strike the pedestrian, swerve and hit another vehicle, or swerve and hit a fixed object. In any of these cases, the pedestrian may be liable for causing the accident. If the pedestrian lacks insurance or financial means, you may receive compensation through your own auto insurer.

Road Defects Cause an Accident

The City of Seattle may be liable if hazardous road conditions cause an accident.

Such conditions may include:

  • Dangerously positioned work zones or crews
  • Potholes
  • Unmarked lanes
  • Cracks in the road
  • Uneven pavement
  • Out-of-service traffic lights
  • Downed traffic signs

Municipalities, including Seattle, must keep roads and traffic infrastructure in good condition. If you’ve driven in Seattle, you know the city does not always live up to this mandate. If your accident resulted from unsafe road conditions, the city may need to cover your damages.

A Vehicle Malfunctions

If a defective vehicle is the cause of an accident, liable parties can include:

  • The vehicle manufacturer
  • The seller of a secondhand vehicle
  • The vehicle owner
  • An automotive technician who caused the defect
  • An automotive technician who should have identified and fixed a defect but failed to do so

Countless vehicles on Seattle’s roads contain defects that will eventually wreak havoc. When such a defect injures you, an attorney can identify liable parties and see fair compensation for your damages.

How Can a Car Accident Victim Seek Compensation for Their Damages in Seattle?

The two primary ways to seek compensation after a Seattle car accident are:

  1. Filing an insurance claim
  2. Filing a lawsuit

In many cases, a car accident victim will file an insurance claim, engage in negotiations, and file a lawsuit because the insurer won’t offer a fair settlement. A car accident lawyer can review your circumstances and pursue a claim or lawsuit.

Why Would a Car Accident Victim Hire a Car Accident Attorney?

There are several reasons why car accident victims in Seattle and elsewhere hire lawyers to fight for their financial recovery.

Some of the common reasons why you might hire a car accident lawyer include:

  • Protecting your physical and mental health (and avoiding new injuries): Lawyers encourage their clients to focus on recovery. This is possible because an attorney will manage every aspect of your claim or lawsuit. If you try to handle your own case, you may experience significant stress that worsens injuries and creates new complications.
  • Avoiding potentially traumatic details of your accident: In addition to the general stress you might face when handling your case, specific accident details may repeatedly trigger trauma. If you allow a lawyer to lead your claim or lawsuit, you may allow psychological and emotional wounds to heal.
  • Accepting a law firm’s financial support: Injury firms represent their clients on contingency. The firm pays for all case-related costs, and the lawyer only receives a fee if they obtain compensation for the client. This arrangement means there is no direct cost to the client.
  • Relying on a lawyer’s training and experience in car accident cases: Even if you have handled an insurance claim in the past, each claim presents new challenges. Especially if you have significant injuries, relying on a lawyer’s experience, knowledge, and training is highly beneficial.

Many car accident victims hire an attorney for a combination of reasons rather than a single one. A capable firm will explain the value they offer and should make your decision easy.

What Car Accident Lawyers Do for Car Accident Victims in Seattle

The right attorney will oversee every detail of your insurance claim or lawsuit, which may require them to:

Obtain All Relevant Evidence of Liability

Lawyers must establish liability for an accident to determine who owes whom compensation.

Your attorney may determine and document liability using:

  • Your account of the accident
  • Eyewitness accounts of the accident
  • A law enforcement officer’s report
  • Video footage of the collision
  • Photographs of the accident scene
  • Expert testimony about who is liable for the collision

Injury lawyers secure evidence of liability as quickly as possible. The fact that some evidence may only be available for a limited time (video footage and eyewitness accounts being prime examples) should motivate you to hire a lawyer as soon as possible.

Document and Calculate Your Accident-Related Damages

Before negotiating a settlement, your lawyer will document and calculate your accident-related losses.

Useful documentation may include:

  • All accident-related medical records and bills
  • Invoices for property repair and replacement
  • Expert testimony about your injuries, mental health symptoms, and other damages
  • Proof of any income you have lost because of the car accident in Seattle

Your lawyer will work to prove each of your accident-related losses in the greatest possible detail.

Negotiate a Settlement

Settlements are the preferred way to resolve car accident claims and lawsuits. Your attorney will review settlement offers with you and continue negotiating until they receive a fair offer.

Take Your Case to Trial

If your attorney does not receive a fair offer from insurers, they may file a lawsuit on your behalf. Your lawyer will discuss this possibility if your claim or lawsuit reaches a crossroads between accepting the best settlement offer and going to court.

These are the big-picture responsibilities a car accident lawyer typically handles. Your attorney will also lead communications, draft and submit paperwork, provide routine case updates, and advise you on every aspect of the claim or lawsuit.

Recoverable Damages in a Seattle Car Accident Case

Your recoverable damages may include:

  • Medical expenses
  • Vehicle repairs (or replacement of a totaled vehicle)
  • Replacement of damaged property (like your phone or clothing)
  • Lost income
  • Diminished earning power
  • Pain and suffering (and related treatment expenses)

Each car accident victim has different injuries, mental health symptoms, and property costs. Your attorney will evaluate your losses and calculate the value of a fair settlement.

Don’t Wait to Hire a Car Accident Lawyer Serving Seattle

Tatiana Boohoff - Car Accident Attorney in Seattle
Tatiana Boohoff, Seattle Car Accident Lawyer

Your lawyer likely faces a timeline for filing a claim or lawsuit. Don’t wait to hire a personal injury attorney and allow them to fight for your financial recovery in Seattle.

Where Do Most Car Accidents Occur in Tampa

Where Do Most Car Accidents Occur in Tampa?

Most car accidents in Tampa occur at intersections. This is not unique to Tampa, as intersections pose several hazards threatening motorists and pedestrians across the nation.

Some intersections are especially dangerous and are responsible for an outsized number of car accidents in Tampa. You might not avoid these intersections, but you can pay careful attention when encountering them. In case an accident does occur and causes you to suffer injuries or lose a loved one, it’s essential to reach out to a skilled Tampa car accident lawyer who can help you seek compensation from liable parties.

Ten of the Most Dangerous Intersections in the Tampa Area

Intersection crashes are particularly common in cities like Tampa.

Some of the common locations for intersection collisions in Tampa include:

Where Do Most Car Accidents Occur in Tampa

  1. Sheldon Road and Waters Avenue West
  2. Anderson Road and Waters Avenue West
  3. Waters Avenue West and Hanley Road
  4. Hillsborough Avenue West and Sheldon Road
  5. Highway 301 South and Gibsonton Drive
  6. Waters Avenue and Himes Avenue North
  7. 301 Highway South and Big Bend Road
  8. Bruce B. Downs Boulevard and Fletcher Avenue East
  9. Bloomingdale Avenue and Bell Shoals Road
  10. Bloomingdale Avenue and Providence Road

Many of these intersections see high traffic volumes, which is one of the reasons they are the site of so many car accidents. One study examined the Tampa and Tampa-adjacent intersections with the most accidents in a single calendar year and revealed the above as the most dangerous intersections in the area.

Why Are Intersections So Dangerous to Drivers in Tampa?

Intersections are notoriously dangerous junctures in the roadway, as they tend to:

  • Bring large volumes of motorists together, as traffic signals, roundabouts, and stop signs can cause traffic to pile up
  • Bring motorists and pedestrians in close proximity, presenting an obvious and frequent risk of pedestrian accidents
  • Be chaotic and confusing, as changing traffic signals, crossing pedestrians, and other distractions can confuse motorists
  • Require motorists to make judgment calls, including whether to turn left on a green light, allow others the right of way, and turn right into oncoming traffic

To navigate intersections without incident, motorists must be skilled, alert, cautious, and defensive. Furthermore, their vehicles must not let them down, either. It should be no surprise that intersections are where most car accidents occur in Tampa.

Tampa’s Traffic Landscape Is Growing and Evolving, So New and Dangerous Intersections Arise Each Year

As the population in Tampa in surrounding communities continues to grow, the traffic landscape stays in constant flux. Roads expand, new roads get built, and new intersections emerge, some joining the ranks of the most dangerous intersections in Tampa.

Seemingly constant construction on Tampa’s roadways poses yet another challenge to motorists and pedestrians.

Construction means that motorists must:

  • Be aware of work crews, changing lanes, and taking other precautionary measures as necessary
  • Reduce speed in work areas
  • Be aware of traffic barrels, concrete barriers, and other construction-related hazards that can make driving difficult and stressful
  • Navigate uneven or rough driving surfaces
  • Continue to drive safely and defensively despite construction-related hazards and distractions

As Tampa’s road network changes, the demands on drivers and pedestrians remain the same: Act cautiously at all times, taking every necessary measure to avoid causing a collision.

Why Are Some Intersections in Tampa Especially Dangerous?

As data indicates, some intersections in Tampa are more dangerous than others. An intersection may be more dangerous than average because of:

Heavy Traffic

An intersection with a steady flow of heavy traffic will generally be the site of more accidents.

Heavy-traffic intersections may be more dangerous than average because:

  • The more vehicles that pass through an intersection, the more likely an accident becomes
  • Motorists may become frustrated with long waits at high-traffic intersections and may be more likely to make rash decisions (like running a red light)
  • High-traffic intersections may be more chaotic and confusing than most, increasing the risk that an accident will take place

It’s no coincidence that some of the intersections in Tampa with the highest daily traffic volumes are among the most dangerous intersections in the city.

Blind Spots

Some intersections have blindspots and obstructions that present a clear hazard to motorists and pedestrians.

Such obstructions can include:

  • Nearby trees and hedges that obstruct the view of oncoming traffic
  • Poorly positioned signs that interfere with motorists’ line of sight
  • Nearby buildings that require motorists to creep close to the intersection to see oncoming traffic

A municipality generally must remove such hazards when possible. However, many intersections in Florida today have visual obstructions, and these blindspots may make those intersections more dangerous than most.

Geographic Location

For example, if an intersection is in a location where many hurried professionals frequent, motorists may run red lights or engage in other dangerous acts. An intersection’s geographic location also determines traffic volume and overall accident risks.

Heavy Pedestrian Traffic

Intersections where pedestrians regularly cross the street or ride bikes or scooters along motor vehicles may have a higher-than-average rate of pedestrian accidents. When motorists or pedestrians fail to follow traffic signals, look out for each other, or engage in generally dangerous behavior, the risk of an accident may skyrocket.

Inadequate Signals

The design of an intersection can contribute to (or prevent) accidents.

Intersections that lack sufficient signals may be most dangerous, and this includes a lack of:

  • Stop signs
  • Traffic lights
  • Yield signs
  • Crosswalks
  • Pedestrian crossing signals
  • Other safety-specific signage and signals

If these safety features are present but defective (such as an out-of-commission traffic light), motorists and pedestrians may have to make judgment calls that lead to accidents.

Poor Lighting

Intersections with inadequate lighting may become dangerous at night or in inclement weather. Poor lighting can make it difficult for motorists to see pedestrians, especially when motorists have less-than-perfect vision.

Who Is at Greatest Risk When a Tampa Intersection Accident Happens?

While a pedestrian accident can cause serious injury to anyone involved (including motorists), some groups face an outsized risk of suffering injuries, including fatal injuries.

These high-risk groups include:

  • Pedestrians: A collision between a motor vehicle and a pedestrian is not equal. Pedestrians weigh far less than motor vehicles, and a pedestrian has little to no physical protection from an oncoming motor vehicle. Tragically, many pedestrian accidents are fatal, especially when the oncoming vehicle is traveling at a high rate of speed.
  • Motorcyclists: Tampa ranks in the top 25 percent of Florida cities regarding fatal motorcycle accidents, and many of those fatal accidents may happen at intersections. Motorcyclists have few physical protections from oncoming vehicles, even when wearing helmets.
  • Bike and scooter riders: The outcome is often devastating when a motorist hits a bike or scooter rider at an intersection.
  • Those in compact vehicles: Smaller cars may not have the structural protection that larger cars, SUVs, and trucks afford. Therefore, when two vehicles collide at an intersection, the person (or people) in the smaller car may face the greatest risk of injury or death.

Non-truckers involved in truck accidents at intersections are also at high risk. Trucks can weigh as much as 30 times more than smaller vehicles (let alone pedestrians), so truck accident victims face a higher-than-average risk of suffering injuries.

Why Motor Vehicle Accidents Happen in Tampa, Regardless of Location

Even in the most dangerous intersections, motorists might prevent crashes if they are careful. However, you cannot control the actions of other drivers who might drive through intersections negligently.

Many car accidents occur at intersections in Tampa because:

  • Motorists engage in dangerous behaviors: Motorists are the greatest threat to other motorists and pedestrians. When motorists disregard traffic signals, ignore or misjudge the right of way, speed, tailgate, and engage in other dangerous driving behaviors, they increase the risk of an intersection accident.
  • Motorists are impaired: Intersections can be dangerous even when a motorist is sober and alert. When a motorist is drunk, on drugs, tired, or impaired in any other way, the risk of an accident may increase significantly.
  • Vehicles malfunction: Some car accidents happen because of motor vehicle defects. These defects are sometimes the fault of manufacturers and sellers, and other times result from a lack of maintenance by a vehicle owner. Blown tires, faulty brakes, and steering wheel lock-ups are examples of events that may result from vehicle defects.
  • Pedestrians act carelessly: Pedestrians can be responsible for intersection accidents. A pedestrian may carelessly enter the roadway, which may cause a vehicle to strike them, or cause a vehicle to swerve, striking another vehicle or fixed object.
  • A municipality puts motorists and pedestrians at an unacceptable risk of danger: A municipality may be responsible if dangers at the intersection, like malfunctioning traffic lights, cause an accident. Municipal employees are responsible for monitoring the safety of intersections and fixing or removing hazards as quickly as possible.

An attorney can identify the cause of your intersection accident in Tampa and determine who is financially liable for the resulting damages.

I Was in a Car Accident in Tampa; What Should I Do Next?

If you were in a car accident at an intersection (or anywhere else) in Tampa, tend first to your health. By focusing on your injuries, you will also improve the odds of success in any financial recovery you pursue.

Receive a Complete Post-Accident Medical Examination

Even if you received medical attention at your accident scene, seeking more thorough medical care in a medical facility is wise.

As you receive medical care, you should:

  • Insist that the doctor provides a diagnosis for any injuries you’ve suffered
  • Ask the doctor whether medical imaging can provide a clearer picture of your injuries
  • Ask for written (or printed) copies of the doctor’s notes
  • Suggest copies of any medical imaging you undergo
  • Keep all bills related to your medical care

These steps should result in a clear diagnosis and treatment plan. Furthermore, your lawyer will also use all relevant medical documentation in your claim or lawsuit.

Always Hire an Experienced Car Accident Lawyer After a Crash in Tampa

As you receive post-accident medical care, take the time to consider hiring an attorney.

Car accident victims in Tampa hire injury attorneys because:

  • They are too occupied with their recovery to handle an insurance claim or lawsuit
  • They lack experience handling insurance claims and lawsuits and don’t have the time or effort to learn about them
  • They believe a lawyer’s experience, financial support, and resources will be a credit to their case

Car accident attorneys spend their working hours representing car accident victims (and other victims of negligence). This affords those lawyers an extensive knowledge of insurance rules and civil law, as well as the steps that will likely occur in your case.

How a Car Accident Lawyer Can Help After Your Crash in Tampa

A lawyer will fight for a fair financial recovery on your behalf.

Obtaining a settlement or judgment is a multi-step process that generally requires:

  • Obtaining all relevant evidence, including time-sensitive evidence that may not be available for long
  • Documenting your damages
  • Calculating the financial cost of your damages, which will set expectations for your financial recovery
  • Representing you in interactions with insurers and civil defense attorneys
  • Negotiating a settlement on your behalf
  • Taking your case to trial, if necessary

Though trial is not always necessary in Tampa car accident cases, a capable law firm will be ready for court if it is in your best interest as a client.

Recoverable Damages a Lawyer Will Consider in Your Car Accident Case

Though each car accident victim’s damages are unique, some of the damages common to car accident victims include:

Some intersection accidents cost a victim their life. In these cases, car accident lawyers often seek compensation for funeral expenses, loss of consortium, lost financial support, and several other damages.

Research Car Accident Lawyers in Tampa as Soon as Possible

Tatiana Boohoff - Car Accident Attorney in Tampa
Tatiana Boohoff, Car Accident Lawyer in Tampa

Do not wait to find a trustworthy personal injury attorney to lead your case in Tampa. Your attorney likely faces a non-negotiable filing deadline, so don’t wait to unleash them in pursuit of your financial recovery.

Request A Free Consultation Today!

Distracted Driving Accident Lawyer in Seattle Washington

Top Causes of Car Accidents: What to Watch for While Driving

No matter how defensively you drive, reckless drivers are all around you. In seconds, your life can change forever due to a distracted, aggressive, or drunk driver. Serious injuries from car accidents often result in expensive medical care and lost wages. Contact a Seattle car accident lawyer without delay if someone doesn’t share the road or fails to drive responsibly, causing injury to you or your loved ones.

What Are Some Top Causes of Car Accidents?

Despite numerous public safety campaigns against drunk driving, the problem continues to exist. Advances in smartphone technology are creating opportunities for distracted driving. And, anger continues to plague drivers as they lead stressful lives with little to no free time. Your life is at risk if drivers make poor choices when getting behind the wheel.
Here are the top causes of car accidents, according to the AAA Foundation for Traffic Safety:

  1. Distracted driving (cell phone use, texting, eating, etc.)
  2. Drunk driving
  3. Speeding
  4. Reckless or aggressive driving (tailgating, improper lane changing, etc.)
  5. Drug-impaired driving
  6. Fatigue or drowsy driving
  7. Poor road conditions (potholes, slippery surfaces, etc.)
  8. Bad weather (fog, rain, snow, etc.)

Distracted Driving

One of the top causes of car accidents in Washington is distracted driving. A survey by the foundation found that 78 percent of drivers believe texting while driving is a significant danger to other drivers. Yet, nearly 35 percent of those surveyed admitted to texting or sending an email from behind the wheel. Fifty-eight percent of survey participants believe talking on a cell phone while driving is dangerous, with 49 percent admitting to the behavior.

These distracted drivers cause accidents that often result in horrific injuries and fatalities.

Research from the AAA Foundation discovered that a person talking on a cell phone while driving is four times more likely to cause a car accident. Those who text are up to eight times more likely to crash.

The Centers for Disease Control (CDC) reports that at 55 miles per hour, sending or reading a text takes your eyes off the road for about five seconds—the length of a football field. The thought that sending a text “only takes a second” can result in a lifetime of medical care for another driver.

Distracted driving isn’t limited to cell phones. Anything that takes your eyes off the road is a distraction and can result in serious car accidents. Applying makeup, changing the music station, or reaching for an object all count as distracted driving.

The CDC cites three main categories of distraction:

  • Visual – Taking your eyes off the road
  • Manual – Taking your hands off the wheel
  • Cognitive – Taking your mind off driving

What makes texting and driving so dangerous is that the action involves all three categories of distraction, according to the CDC.

Drunk Driving

One of the most common causes of car accidents in Washington is drunk driving. The issue of drinking and driving never goes away. Why do people choose to drink and drive? The answers from a recent survey provide some insight into this dangerous decision:

  • Most people believe they can drive after a few drinks with no problem; the alcohol gives them a false sense of feeling invincible.
  • Their home isn’t far away and they can drive the short distance safely.
  • They think they won’t get caught.

Drunk drivers continue to take risks, placing other drivers in danger of serious injuries. If you or a loved one has experienced serious injuries due to the negligent behavior of another driver, contact the car accident lawyers at Boohoff Law Firm today.

Speeding

Speeding is a top cause of auto accidents because it increases the likelihood and severity of crashes. When a driver exceeds the speed limit or drives too fast for the conditions, they reduce their ability to safely react to unexpected events on the road. The faster a vehicle travels, the longer it takes to stop and the greater the force of impact in a collision.

When a driver speeds, they risk losing control of the vehicle, particularly on curves or in adverse weather conditions. As a result, speeding contributes to a significant number of car accidents and fatalities each year on Washington’s roadways.

According to the NHTSA, speeding caused 11,258 fatalities in 2020 alone. For more than two decades, speeding drivers caused at least one-third of all motor vehicle accidents and fatalities.

Aggressive or Reckless Driving

Another common cause of car accidents is aggressive driving or reckless driving. When a driver acts in a negligent way that is deliberate and with no regard for safety, their behavior constitutes aggressive driving. As the demands of our personal and work lives demand more, our stress levels rise. In turn, aggressive driving escalates on our nation’s highways, especially during rush hour. The time pressure involved with getting to work or returning home carries over into our driving behaviors. Examples of aggressive driving include:

  • Tailgating
  • Cutting in front of another driver and then slowing down
  • Running red lights
  • Blocking cars that are attempting to pass or change lanes

Aggressive and reckless driving can quickly escalate to road rage. Signs of road rage include:

  • Running another car off the road
  • Throwing objects at another vehicle
  • Ramming or sideswiping another vehicle

A recent AAA Foundation survey reports that 87 percent of participants admitted to aggressive driving or road rage behavior at least once during the previous year.

Drug Impaired Driving

The nation’s opioid crisis and the legalization of marijuana in several states are causes of concern for driver safety. The Governor’s Highway Safety Association (GHSA) cites both issues as contributing factors to the rise in car accidents in many states. The GHSA reports that, in 2016, the most recent data available, 50.5 percent of drug-positive drivers tested positive for two or more drugs.

More than 100 people die every day in the United States due to opioid addiction or overdose. As standards for establishing legal limits for marijuana vary throughout the nation. However, driving under the influence of the drug is dangerous, no matter whether the driver has a medical prescription or not. 

Fatigued Driving

Driver fatigue is a common cause of car accidents every single day. Fatigue impairs a driver’s cognitive and motor skills, making it difficult to react to road conditions and other drivers. Lack of sleep affects a driver’s ability to concentrate, make decisions, and maintain focus on the road. It also slows down reaction times, increases the likelihood of making mistakes, and increases the risk of falling asleep behind the wheel.

These factors make drowsy driving a major contributor to car accidents, especially on long trips or during overnight hours. Additionally, many people who engage in drowsy driving are unaware of how their lack of sleep is affecting their ability to drive, which exacerbates the problem. Shift workers, truck drivers, and young drivers may drive fatigued, causing serious and fatal car accidents.

Poor Road Conditions

Car accidents caused by bad roads often leave accident victims unsure of where they can turn for compensation. After all, you can’t sue a road. But you can file a claim against the government entity or county responsible for maintaining that road. Potholes, dangerous curves, lack of guardrails, and poorly designed roads can all contribute to traffic accidents.

Bad Weather

Poor weather, such as rain, snow, fog, and ice, can reduce visibility and make roads slippery. When this happens car accidents occur, causing serious injuries and often multi-car pileups. Additionally, strong winds, heavy rain or snow, and other severe weather conditions can cause drivers to lose control of their vehicles, leading to accidents.

Poor weather can also result in reduced traction and braking ability, making it harder for drivers to stop their vehicles in a timely manner. As a result, it is important for drivers to take extra caution and adjust their driving behavior to accommodate for poor weather conditions.

When drivers fail to adjust their driving to account for poor weather and reduced visibility, they can be held liable for any car accidents that occur. Driver error is a common cause of these car accidents.

Call the Boohoff Law Firm if a Car Accident Injures You

At the Boohoff Law Firm, we believe no one should suffer physically, financially, or emotionally due to the reckless behavior of another driver. While we all take a risk when we get behind the wheel, those who choose to do so after drug or alcohol use are making a dangerous choice. Other dangerous choices include sending and receiving texts and deliberately driving in an aggressive manner.

A driver’s license is a privilege, not a right. When someone crashes into your vehicle, you may face serious injuries that result in extensive medical bills. Let our legal team in Washington fight for justice for you. To schedule a free evaluation of your case, call (877) 999-9999 or contact us online.

Our attorneys can come to you. If you are unable to visit one of our offices due to your injuries, we can visit you in the hospital or in your home. Don’t delay—the sooner we review your case, the sooner we can decide upon the best course of action for you.

Experienced Lawyer for distractions while driving near Tampa

What Are the Most Common Types of Distractions While Driving?

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.

What Damages Are Available After a Car Accident?

You may be entitled to compensation if you have suffered an injury in a car accident. Many accident victims are unaware of what damages are recoverable after an accident. The following are the types of damages available after a car crash.

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

Tatiana Boohoff, Lawyer for Car Accident cases near Tampa area.
Tatiana Boohoff, Car Accident Attorney in Tampa

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. — Auto Accident Lawyers – Tampa Office

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

Experienced Lawyer for Taxicab Lawsuit near Tampa

How to File a Taxicab Lawsuit?

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.

What Must I Prove to Win a Taxicab Lawsuit?

Taxicab lawsuits are negligence claims. Four elements of negligence include duty, breach, causation, and damages. Each element of negligence must be proven to win a 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

Tatiana Boohoff, Lawyer for Taxi Accident cases near Tampa area.
Tatiana Boohoff, Taxi Accident Attorney in Tampa.

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. — Auto Accident Lawyers – Tampa Office

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

Recovery is personal.

We recover millions for our clients every month, but we know that every case is different and that recovery is personal.
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