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FAQ: Gaining Compensation For Car Accidents

Car accidents can take on several forms and can range in severity. However, despite this, it’s essential to be aware that even the most minor accidents can result in significant injuries and losses. Victims may be left to contend with considerable pain that makes daily life challenging. Statistically speaking, the number of car accidents during the height of the pandemic was greatly reduced, but this was likely due to the decrease in vehicles on the road. However, as people have returned to work and begun to re-engage in life away from their homes, car accidents have been on the rise. An unfortunate consequence to post-pandemic life is the significant increase in motor vehicle collisions.

As a car accident lawyer Melbourne, FL residents trust from our law firm of Tuttle Larsen, P.A. will share, victims of car accidents will have many questions in the wake of an accident. While these questions will primarily surround legal logistics, one of the primary questions faced by victims will be the value of their case, especially when the accident has occurred in a no-fault state.

What are the common reasons car accidents happen?

Making sense of what has happened can be deeply challenging in the wake of a car accident. Many people will wonder why such a terrible thing has happened to them. Car accidents are prevalent, and, chances are, someone will experience at least one type of collision in their lifetime. The following are common reasons for car accidents that may result in taking legal action:

• Distracted Driving
• Driving Under the Influence
• Driving at Excessive Speeds
• Poor Road Conditions
• Failing to Follow Traffic Symbols
• Fatigued Driving
• +More

What medical expenses might an accident victim incur?

The medical expenses victims may face will primarily rely upon the severity of the accident and the type of injuries they have experienced as a result. Because of this, injuries from the accident can vary and may include fractured bones, head injuries, back injuries, soft tissue damage, limb loss, lacerations, and more. The cost of treatment will depend upon the type of injuries sustained but will vary depending upon the extent of treatment necessary. Victims may require emergency room visits, surgery, physical therapy, prescription medications, and alternative treatments.

What are potential damages for car accident claims?

Damages from car accidents can be far more extensive than the victim may realize, even in minor accidents. Components like medical expenses, property damages, and lost wages can quickly add up, and at times, victims may even undervalue the value of their case. Typically injuries take on two forms, with varying losses, for example:

Economic Damages: more easily quantified

• Medical Expenses
  • Past
  • Present
  • Future
• Lost Wages
• Property Loss
• +More

Non-Economic Damages: less tangible

• Loss of Enjoyment of Life
• Loss of Companionship
• Pain and Suffering
• Loss of Consortium

What is personal injury protection insurance, and why does it matter?

Personal injury protection insurance (PIP) is a form of coverage required in no-fault states. Victims must first gain compensation from their insurance company for medical expenses and lost wages. However, PIP has limits and only covers losses of up to $10,000. Once these limits have been exhausted, it may make sense to pursue further compensation from the party responsible for the accident.

Accident Rates Increase Across The Country

According to reports from the National Highway Traffic Safety Administration (NHTSA), there were approximately 9,500 fatalities from car accidents in the first quarter of 2022 alone. These reports reflect a 7% increase in deaths from the very same quarter in 2021. In Vero Beach, trends are also moving in the wrong direction, as data shows that between January 2020 and August 2022, there were 2,350 reported accidents in the area. As recently as August, a 24-year-old man died in an early morning crash due to a collision involving two vehicles. It’s believed that the victim was hit by a 63-year-old man driving a van when the driver failed to yield, driving into oncoming traffic and colliding with the 24-year-old man.

As personal injury lawyer Vero Beach, FL, at our firm Tuttle Larsen, P.A. will share, car accidents of this nature are more common than many may realize. Although drivers and officials should prioritize traffic safety to prevent accidents, they are still a risk for anyone who gets behind the wheel of a car. Unfortunately, collisions leave a trail of devastation in their wake, and victims and their families are likely to have suffered losses. After an accident, time is of the essence, and victims should take immediate action to receive the care they need.

Collisions can take on many forms and can involve several factors. These accidents may involve other drivers, large trucks, motorcyclists, pedestrian-related accidents, and more. There are many hazards on the road, and traffic safety is critical to mitigating accidents from occurring. Things to keep in mind when driving a car that drivers should hold at the forefront include:

• Driving Defensively
• Always Paying Attention
• Refraining From the Temptation of Distracted Driving
• Refraining From the Use of Drugs and Alcohol
• Staying a Safe Distance From Other Drivers
• Drive the Speed Limit
• Factor in Weather

Practicing safe driving and following the rules of the road cannot only prevent accidents but also reduce their severity. However, when a person falls victim to a car accident, they should take action immediately to protect themselves from further harm for several reasons, including:

• To ensure they receive appropriate medical care
• To ensure they do not further implicate themselves in the accident
• To ensure that they have the necessary evidence to support their case

Immediately following an accident, the entire experience can be overwhelming and terrifying. With adrenaline pumping, it can be difficult for many victims to know what steps should be taken. Many may not realize that they inadvertently cause harm to their case and their health should they take the wrong action. Keep the following in mind after an accident:

• Move out of harm’s way to prevent further injuries
• Ensure that law enforcement is contacted
• Seek medical attention, even if you are unsure of an injury
• Gather the driver’s information
• Gather information from eyewitnesses
• Compile all evidence that may be relevant to the accident

Dealing with the aftermath of a car accident can be difficult, and it’s important not to hesitate. Because Florida is a no-fault state, all drivers must carry personal injury protection insurance (PIP), meaning that their insurance company covers the first $10,000 in medical expenses and lost wages. Once the policy limits have been exceeded, additional options may be available for pursuing damages from the party responsible for the accident.

Types Of Criminal Cases Tuttle Larsen, P.A. Criminal Defense Lawyers Handle

Depending upon the law firm that you are going to, each law firm may handle different practice areas. However, some of the most commonly handled criminal defense practice areas in Florida are listed below. This is not a full list, nor is it exhaustive, and if you have questions about what you are a criminal defense lawyer in Vero Beach, FL is able to handle, then reach out and ask.

• Arson Charge Defense
• Burglary Charges
• Child Endangerment Defense
• Crime Victim Defense
• Criminal Traffic Violations
• Domestic Violence Charges
• DUI Defense
• Drug Possession Charges
• DUI Manslaughter Charges
• Expungement Attorney
• Defense for Federal Charges
• Defense for Felony Charges
• Fishing & Wildlife Charges
• Fleeing & Eluding Charges
• Fraud Charges
• Grand Theft Auto Charges
• Hit & Run Charges
• Juvenile Crimes
• Probation Violation
• Prostitution Charges
• Restraining Orders/Injunctions
• Sexual Battery
• Stalking Charges
• Theft & Property Crimes

What happens after I am arrested?

Your criminal defense lawyer in Vero Beach, FL from Tuttle Larsen, P.A. PA is going to be able to tell you what’s going to happen after you are arrested, however, most typically after you are arrested, you are going to be brought to the county jail that is most local to your location. You are then going to be processed, which means they are going to be gathering your biographical and personal information because we have to determine if you have any open warrants or criminal history on hand. However, you might also be arrested and only receive a summons, because the officer in question did not want to book you, and this is called a written arrest.

Do I need to speak with the police before or after I am arrested?

If you are being investigated because you’ve committed a crime, or you may have committed a crime, then you have the right to remain silent under the Fifth Amendment which states that you can choose not to incriminate yourself. However, you can ask for your lawyer, and typically if you lawyer up then the police must wait for your lawyer to arrive before you and you can then follow your criminal defense lawyer in Vero Beach FL as they give you advice and tell you what to answer. Your lawyer is going to be focused on not incriminating you, or allowing you to incriminate yourself by accident.

A criminal defense lawyer in Vero Beach FL is going to be able to give you a lot of experience and advice in regard to your criminal case however this may not stop you from having questions and that’s okay because questions are an important part of processing. If you have never been in a criminal trial or criminal proceeding in Florida, reach out to your criminal defense lawyer in Vero Beach, FL and ask all of your questions. However, this is a great place to start.

Reach out to your criminal defense lawyer in Vero Beach, Florida for all of your criminal defense needs today.

When Distracted Drivers Get Injured

If you were distracted and injured in an accident as a result of that distraction, you may be under the impression that you do not have the right to recover any compensation for injuries suffered as a result of the crash. While it is true that injury victims our not absolved of responsibility for their contributions to the circumstances of an injurious crash, you may remain entitled to significant compensation at this time. It is important to make an effort to speak with a lawyer instead of making assumptions about the value of any car accident lawsuit that you may file. You may be entitled to far more than you’ve initially allowed yourself to believe.

Comparative Negligence vs. Contributory Negligence Models

As an experienced Melbourne, FL car accident lawyer can explain to you in context and detail, different states employ different models for dealing with issues of partial fault. States like California and Florida employ a legal standard known as pure comparative negligence. This means that even if you were 99% to blame for what happened to you, you can still seek compensation from others who were also partially to blame as a result of their negligent, reckless, or intentionally dangerous conduct. But, if you were injured in a contributory negligence state, you may be barred from seeking compensation if you were more than 50% to blame for your crash or you were more at fault than any defendant you would name in a than any defendant you would name in a lawsuit.

Determining Causation and Fault

To determine whether you have viable grounds upon which to seek compensation for your injuries, a lawyer will need to investigate the circumstances of your crash. Doing so will allow you to fully understand all the factors that contributed to the crash and who/what may be held legally and financially responsible for harm caused by the accident. Although you were distracted while behind the wheel, another driver, a manufacturer of defective auto parts, or even a government agency tasked with safe road maintenance may also be partially to blame. Only after determining causation and fault accurately can you make informed decisions about whether filing legal action is worth your effort at this time.

The one exception to this rule comes into play in the case of work-related accidents. If you are classified as a full-time or part-time employee, you’re eligible for workers’ compensation benefits, and you were engaged in work-related activities at the time of your crash, you may be eligible for workers’ compensation benefits even if your wreck was 100 percent your fault.  

Legal Assistance Is Available

If you’ve recently suffered injuries as the result of a car crash caused in part by distraction, connect with the experienced attorneys at Tuttle Larsen, P.A. to learn about your rights and options under the law. Simply because you were distracted – purposefully or unintentionally – at the time of impact, doesn’t mean that you’re necessarily barred from seeking considerable compensation for your injuries. Connect with our firm today to learn more. We look forward to speaking with you.

Florida Felons Face Danger At The Polls

Several years ago, Florida grabbed the nation’s attention when it passed a state constitutional amendment related to voting rights. During a moment in U.S. history when most voting rights stories concern voter suppression, this story out of Florida served as a ray of hope for millions of people across the country who hope to one day be in a position to cast a vote again.

Florida’s 2018 Constitutional Amendment 4 restored voting rights to the majority of Floridians who had previously been convicted of criminal conduct but had since served their debt to society. This policy shift, which was overwhelmingly supported by Floridians as a whole, served as an important point of recognition that the criminal justice system primarily serves as a way to deter criminal conduct and to hold individuals accountable for wrongdoing – not to brand most offenders with their crimes for the rest of their lives. This amendment reinforced the reality that once someone has served the terms of their sentence, they should be allowed to fully reintegrate into society without the weight of past conduct constantly weighing them down.

Unfortunately, and perhaps somewhat predictably, former Floridian criminal offenders are now facing hazards at polling places in the Sunshine State. Individuals who are unaware that they have outstanding unpaid fines on their criminal record – which means that the terms of a criminal sentence or another aspect of their criminal offense process remain unresolved, often in very minor ways – have been arrested and charged with fraud for “voting with unpaid fines or court fees.”

Prosecutors who are eager to claim victory on a technicality are going after individuals whose rights have been restored for “voting while ineligible” simply because they have minor fines on their record, often as a result of brief detainment in a county jail during some point in their justice journeys.

Restoring Rights, Protecting Your Future

The experienced Vero Beach, FL criminal defense lawyer team at Tuttle Larsen, P.A. is passionate about advocating on behalf of the rights of those who have been accused of criminal wrongdoing. Our passion for advocacy doesn’t end when charges against a client are dropped or a client is convicted of charges but we’ve been able to successfully mitigate the consequences they’ll face as a result of that conviction. Our dedication to our clients, and to working for a fair application of justice within the criminal justice system as a whole, is sustained for as long as our clients need us.

If you have served the terms of your sentence but you are still afraid to vote because of the disturbing stories in the news of prosecuting voters who exercise their right to cast a ballot with unpaid fines on their record, connect with us today for some help. We can help to verify whether there are any unpaid fines on your account and whether it is truly safe for you to cast a vote. We are here to help, regardless of where you are in your criminal justice journey timeline.

Dangerous Holiday Roads in Florida

There is a popular misconception that it is often safer to drive on the holidays because fewer individuals are commuting to or from work. While the roads are often less congested on the holidays, it is an unfortunate reality that it is generally much more dangerous to drive during the holidays than it is on an average work day. With that said, as recent trends on Florida roads illustrate, the time of day during which you drive on the holidays may either escalate or mitigate your risk of being involved in an accident during what is supposed to be a joyous or relaxing time.

Labor Day Example

Over the Labor Day weekend, many Floridians take time to celebrate the end of summer and to mark the start of another school year. Many teenagers are in celebration mode as they achieve milestones such as starting college or starting their senior year of high school. When joyous emotions run high and social gatherings occur at a much more frequent rate than they normally do, people tend to overindulge, people tend to get distracted, and people tend to get in accidents.

One would assume, with so much alcohol being imbibed and so many social gatherings occurring over the long weekend, that the most dangerous times to take to the road over Labor Day would be Friday night, Saturday night, and in the very early morning hours of both Saturday and Sunday. However, this assumption would be incorrect. According to AAA, the most dangerous times to travel over Labor Day weekend are actually Thursday and Friday afternoons. This is, presumably, because traffic will be at its worst and people who are planning for the weekend ahead will be at their most distracted.

Other Holidays

Although Labor Day weekend is the deadliest holiday weekend for road travel, other holidays remain very dangerous too. In Florida, New Year’s Eve, Fourth of July, and any holiday that occurs during hurricane season tends to be particularly dangerous. Researching conditions before you leave the house can help you to return there safely once your travels are complete.

Seeking Legal Support

It is important for injury victims to understand that they aren’t alone. Suffering injuries as a result of another’s negligence, recklessness, or intentionally dangerous behavior is always a potentially devastating situation. But suffering this experience at the holidays can be an especially emotional undertaking. You don’t have to shoulder the legal, financial, and insurance-related challenges associated with a crash by yourself. Working with a skilled attorney will allow you the personalized support and guidance you need for your case to be as successful as it can possibly be.

If you have recently been injured as a result of a holiday-related auto accident, know that the experienced Port St. Lucie car accident lawyer team at Tuttle Larsen, P.A. is here to help. We have extensive experience representing the interests of Florida car accident injury victims and we can work diligently on your behalf to secure any and all compensation to which you may be entitled.

When Unsafe Florida Roads Cause Deaths

According to the National Safety Council, more than 45,000 individuals were killed on American roads in 2021 alone. Put another way, the equivalent of one regional jet ferrying 125 people every day crashing and killing everyone on board is the number of people lost on American roads every single day that passes. If you stop, re-read this statistic, and really start to think about how each of these individuals was a member of a family, had friends, was valued, and was unique, processing that statistic can quickly inspire overwhelming emotions.

Tragically, far too many of these lives are lost every year on particularly dangerous roads in Florida. The National Safety Council recently identified 60 specific “hot spots” across the country. These hot spots are particularly dangerous stretches of road. Of the top 60 hot spots in 50 states, SEVEN of them are located on a SINGLE stretch of highway in Florida.

Although this reality is maddening, it provides Floridians with a hopeful opportunity to prevent additional deaths. If some of the most dangerous road conditions in Florida can be properly addressed, countless lives may be saved as a result of that effort.

Legal Options for Victims of Crashes Along Unsafe Stretches of Road

As an experienced Fort Pierce, FL car accident lawyer – including those who practice at Tuttle Larsen, P.A. – can confirm, car accident injury victims are too often under the impression that if another driver didn’t cause their accident, they have no grounds upon which to file a lawsuit. This is simply not true in many cases.

In order to pursue compensation successfully in a personal injury lawsuit, an injury victim must be able to prove that the named defendant in their lawsuit caused their injuries as a result of negligence, recklessness, or intentionally dangerous actions or inactions. Unnamed personal injury defendant does not have to be an individual. Car accident injury victims regularly sue the manufacturers of defective auto parts, trucking companies, and even government agencies tasked with ensuring that a particular area of road is safe to drive upon.

If you have been injured as a result of unsafe road conditions, even if your accident was a single vehicle accident, you may be in a position to pursue personal injury damages from anyone tasked with safely maintaining the road you were driving on when your harm occurred.

If you are unsure of whether you are in a position to name a government agency as a defendant in a personal injury lawsuit, that is more than okay. It is often difficult to confirm who or what may be held accountable for harm caused by a crash at first glance. Instead of making assumptions, connect with an experienced personal injury lawyer who can advise you as to your rights and options after evaluating the specific circumstances that led to your unique crash scenario. Once you understand what your options are, you can make informed decisions about your next steps.

FAQs About Florida’s Car Accident Laws

If you have recently been in a car accident, know someone who has, or just like to be prepared, here is a compilation of some commonly asked questions about legal requirements in the event of an accident in Florida. It is usually best to consult a Melbourne, FL car accident lawyer for questions specific to your case, but these commonly asked questions will give you a good overview of what the law states. 

• What do I do if someone is injured in a car accident? 

Florida law stipulates that drivers must stop if someone is injured and if the injury is serious or if property was damaged at a value of over $500, you must call law enforcement and stay at the scene until they arrive. The law also requires the exchange of information, such as names, address, and vehicle registration. It is not required by law, but if you are physically able, it can help to also document the scene yourself. Take pictures of license plates, damages done to both vehicles, and atmospherics, such as wet roads, snow, or ice. If possible, it can also help to capture the name and contact information of any witnesses. 

• What are my responsibilities if my car is in the middle of the road after an accident?

Florida law requires you to remove your vehicle if it is blocking the road. If you are uninjured and can push it to the side of the road, do so. If not, call a tow service when you are able. 

• What are Florida’s car insurance requirements? 

Florida requires all drives to have car insurance and proof of such insurance in the vehicle at all times. The lowest amount of insurance you can carry is $10,000 for personal injury protection and $10,000 for property damage liability. Of course, you can always choose to carry more. The personal injury protection covers costs that could come from an injury such as medical bills or lost wages. The property damage covers damages to the other person’s vehicle or a new vehicle if theirs is not able to be repaired. 

• What does it mean that Florida is a “no-fault” state? 

“No-fault” refers to the fact that when an accident occurs, both drivers’ insurance companies pay for accident expenses regardless of which driver was at fault. If your injuries or damages are not adequately covered through insurance, you have the option to file a lawsuit.  

• How long do I have to file a claim? 

Technically you have up to two years to file a claim, however, often it is better to start the claim process as soon as you can after the accident. The sooner you file, the fresher the incident is in your mind as well as potential witnesses. It is also worth noting that in Florida, if you are planning to file a lawsuit against a public entity (city bus driver is a common one), you must file within 90 days of the accident.

If you have been in a car accident, you may have a case. Schedule a consultation with one of our lawyers at Tuttle Larsen, P.A. to discuss your options.

24 Year Old Man Killed In Car Accident

Car accidents happen everyday, and even though it seems unthinkable, you could find yourself or your loved one involved in a tragic accident that could result in severe injury or loss of life. In fact, just this summer a 24 year old man from nearby Vero Beach was killed in a two vehicle car accident. According to the Florida Highway Patrol, the 24 year old driver of a Lexus Sedan was instantly killed when hit by the 63 year old Vero Beach van driver after. The van driver did not yield at the right of way and proceeded to collide with the Lexus driver on 45th Street causing the crash. The van driver was taken to HCA Lawnwood Hospital for care, but his injuries were not as serious. To compound this already tragic situation, neither man appeared to be wearing a seatbelt at the time of the accident. Thankfully, there were no passengers in either vehicle, as even more casualties could have been sustained.

This incredibly sad story that happened so recently in our community serves as a stark reminder to be an alert driver, adhere to all of the rules of the road when operating a motor vehicle and to always wear a seatbelt. These reminders are valuable, but the truth is, even if you follow all the safety precautions, you still may find yourself in need of an Indian River County, FL car accident lawyer.

While we sincerely hope this is never the case, if you do need a car accident lawyer, we hope you remember that the lawyers at Tuttle Larsen, P.A. have years of experience dealing with lawsuits like these and can assist you with understanding the possible compensation you may be entitled to receive and understanding the legal implications of your case.

For instance, while we do not know all the details of this recent accident where the 24 year old man lost his life, we can assume that he probably had medical bills and funeral costs. There was certainly property damage to his vehicle. He may have been supporting his family with income from a job that the family will no longer receive now that he is gone. A grieving family should never have to think through the intricacies and legal implications of the accident that caused a great tragedy. That is why consulting a car accident attorney can help. Our attorneys not only know what damages can be sued for, but also how to appropriately estimate those damages to include current and future losses. Furthermore, having a car accident lawyer helps protect you from settling for an offer that does not fully cover all the expenses you will incur now that your loved one is gone.

No amount of money can take away the grief of loved ones, but our hope is that if you find yourself in this terrible situation, perhaps by not having to worry about how to pay the bills, they will have the room they need to adequately deal with their sorrow and heal.