Category: Uncategorized

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.

Former Vero Beach Mayor Hit By Car

In mid-August in neighboring Indian River County, the former Vero Beach mayor and current Indian River County Commissioner Laura Moss was hit by a car. The accident took place on a Monday morning as Moss exited Chelsea’s Gourmet Cafe. As she crossed the street on Azalea Lane, a 20 year old man driving a 2003 Chevy pickup turned left onto Azalea Lane off of Cardinal Drive. As Moss was crossing the street, the driver hit her, throwing Moss to the ground. As she fell to the ground, she forcefully hit the back of her head on the pavement. The driver was only going 10 miles per hour when he hit Moss, but injuries were sustained. The first responders soon arrived on the scene and took Moss to HCA Florida Lawnwood Hospital in Fort Pierce to be treated for a concussion. She spent a couple days in the hospital and then was released. After looking into the situation, the Vero Beach Police spokesperson announced that the incident seemed to be an accident and that the driver of the vehicle was cited for careless driving.

Thankfully it sounds like Moss is healing from her injuries well, but not all accidents have such a happy ending. This story serves as a reminder that even in a safe area, like Vero Beach, accidents can happen when doing something as mundane as crossing the street after leaving your local cafe. If an accident like this happens to you or someone you love, you may consider hiring a Vero Beach, FL personal injury lawyer. Personal injury lawyers specialize in personal injury law and can assist clients in developing a strong case that takes into account all the financial implications of being involved in an accident.

This recent story from our own neighborhood provides a vivid example of the costs that can be incurred in a personal injury case. First of all, emergency responders came to the scene to take Moss to the hospital, most likely in an ambulance. Ambulances are often expensive and may or may not be covered by health insurance depending on your coverage. And then she spent multiple nights in the hospital. One can assume the doctors ran tests, and possibly prescribed medicine. She likely had follow up appointments and possibly missed days of work. We do not know about her particular situation, but often accidents like these result in lingering pain that may require physical therapy or chiropractor visits. While each case is unique, these are the types of compensation our personal injury lawyers can work with you to estimate and bring to trial so you, as the victim, do not have to pay for them out of pocket.

Whether you were hit by a car, injured by a defective product, a victim of medical malpractice, or have another instance where you were harmed by another person’s negligence, you may be entitled to compensation. Schedule a consultation with the lawyers at Tuttle Larsen, P.A. today to discuss your particular case and options.

71 Year Old Dies In Fatal Car Crash

Port St. Lucie Fatal Car Accident 

Tragically, a 71 year old driver was fatally injured in a car accident on August 25, 2022. A car traveling the wrong way on Northwest Selvitz Road caused a collision that led to his critical injuries and eventually his death. Police have determined that the accident took place when a 21 year old man driving a Toyota Camry crossed over the centerline. After crossing the line into oncoming traffic, the Camry driver sideswiped a Honda Civic. The driver of the Civic in turn attempted to veer out of the way of the Camry, but in doing so hit the 71 year old’s Buick Encore directly head on. The 71 year old was in critical condition at the scene of the crash. Three days later, on August 28th, he died from the injuries he sustained in the crash at the HCA Florida Lawnwood Hospital where he was receiving care. The Toyota Camry driver and passenger as well as the driver of the Honda Civic, also 21 years old, walked away with minor injuries.

According to the Port St. Lucie police, the crash remains under investigation. It has yet to be confirmed publicly why the Toyota Camry drove into oncoming traffic, causing the three vehicle collision.

What To Do If It Happens To You 

It is almost unimaginable to think about, but if you find yourself in a similar situation, where a loved one was killed as a result of a tragic car accident, it can be helpful to know what to do. 

• Contact a lawyer. It might be the last thing on your mind, but if your loved one is fatally injured, you need to contact a Port St. Lucie, FL car accident lawyer as soon as possible. A trustworthy car accident lawyer can assist you in filing a wrongful death claim. This claim could help you with financial compensation to cover things such as your loved one’s hospital expenses, funeral costs, damages, lost wages and other expenses that resulted from the accident.
• Document evidence and collect receipts. This can be difficult since you may not have been at the scene and if you were, you may not have been able to focus on evidence collection. That is ok. That is what your lawyer can assist you with. It is helpful to request a copy of the police report, medical reports, and witness statements. Simultaneously keep all receipts and bills to assist in showing the compensation needed. Your lawyer will use these documents to build your case.
• Contact your loved one’s insurance company. You should always contact the insurance company so they are aware of the accident. They may be able to pay out some damages to assist you financially while your lawsuit proceeds. It is possible they will ask you for a recorded statement. This is something your car accident lawyer can advise you on as well. They may either help you to craft a statement or advise you politely decline to give a recorded statement.

It is our sincerest hope that you never have to deal with a situation like the loss of a loved one in a car accident. But if you do, the lawyers at Tuttle Larsen, P.A., are here to help.

Why Should I Hire A Personal Injury Lawyer?

Hiring a personal injury lawyer is one of the best things you can do after suffering personal injury during a motor vehicle accident. A legal professional represents your interests and works tirelessly to negotiate with insurance companies so you can obtain the financial compensation you deserve. 

You need to heal from your injuries and devote your time to recovering. A personal injury lawyer can order medical records and medical bills that will be necessary for establishing the liability of the other party. When you retain a personal injury lawyer you don’t have to worry about requesting these records, analyzing them, and producing them during the discovery phase of your case. 

Lastly, hiring a personal injury lawyer means that you will not fall victim to the nefarious tactics used by insurance companies and other large entities. These companies do not want to pay you the monetary compensation you deserve for the injuries you have suffered. An insurance company representative may attempt to speak with you on the phone to trick you into admitting liability. Also, insurance companies may attempt to send you correspondence requesting information when in fact they are trying to get you to admit liability in writing. 

Do not hesitate to contact Tuttle Personal Injury Lawyers today to schedule a free consultation. We understand how scared you can be after suffering personal injury during a motor vehicle collision. Contact us today to learn more about the benefits of hiring a personal injury lawyer. 

How Much Will It Cost Me To Hire A Personal Injury Lawyer? 

Hiring a personal injury lawyer is an investment. However, you do not have to pay any fees when you hire a personal injury lawyer to represent you. A personal injury lawyer will perform all the work for your case and only deduct a fee from the final settlement amount. 

A personal injury lawyer typically takes a 33% fee from the final settlement amount after your case is resolved. This means that you will pay your attorney out of your settlement amount, and you do not have to pay your attorney anything if you do not recover financial compensation for your injuries. 

Contact Tuttle Personal Injury Lawyers Today To Schedule A Free Consultation

Reaching out for help during your time of need can be frightening. If you need a car accident lawyer in Melbourne, Florida considers speaking to a member of our legal team at Tuttle Larsen, P.A. Injury Attorneys in Vero Beach, Florida. We have decades of experience representing clients who suffered injuries during motor vehicle accidents. Contact us today to learn more about the legal services we offer. 

If you have suffered personal injury during a motor vehicle accident contact Tuttle Personal Injury Lawyers today to schedule a free consultation during which we can discuss the facts of your case. Our legal team possesses the knowledge and expertise necessary to represent you and your legal interests. Call our office today to learn more about the legal services we offer. 

How Should You Calculate Compensation? 

It is important to come up with proper and realistic compensation amounts when filing a car accident claim. Whether you are hoping to settle outside of court with an insurance company or are seeking more compensation than they were willing to give, you should absolutely have a lawyer on your side to help show you how much you deserve. An experienced car accident lawyer will know what kind of things a judge will find fair. Some of the most common things a lawyer will seek in a case include damages for all of your medical costs, damaged property, and even potentially pain and suffering or lost wages due to missed work. You and your family should not have to suffer financially at all because of an accident that was not your fault. The at fault party should step up to keep things the same for you. 

What Kind of Things Will a Lawyer Do? 

A car accident lawyer will come up with good arguments to use in court, he or she will know what a judge will think is fair, and will be able to collect any kind of evidence that may be necessary to show in court. Some of this may include photos of the scene of the accident, witness statements – including those of expert witnesses, such as doctors who can testify how the accident will affect your life physically – and even do a deep dive into the police report and your medical records to solidify your case. 

Often, when people get involved in car accidents, they do not know what to do in order to get the amount of compensation they deserve. This is why it is so important to have an experienced car accident lawyer in Melbourne, Florida from Tuttle Larsen, P.A. on your side. What can a lawyer do to help you, though? How can he or she bolster your case to have the best possible chance at winning, and at gaining the compensation you surely deserve? Continue reading to find out. 

Contact a Lawyer Today

Make sure to reach out to an experienced car accident lawyer as soon as you are involved in an accident. Your lawyer can help make sure that your case gets filed on time as well as walk you through the entire thing. He or she will help create arguments to use in court and will do their best to get the compensation you deserve.