Wearing a seatbelt is vital to your safety and can also play an important role in Florida car accident cases. Not only can someone else be held responsible for your injuries, but you can also share liability.
If you’re severely injured in a car accident (while not wearing a seatbelt) caused by another driver’s negligence, a court could rule that you partly caused your injuries. In that case, even if your car accident lawyer “wins” your case, your settlement could be substantially lowered based on the percentage of injuries that were self-inflicted.
It’s always a good idea to wear a seatbelt. However, if you suffer significant injuries in an accident while not wearing one, you can still potentially recover damages.
Understanding Florida’s laws on no-fault insurance, comparative negligence, contributory negligence, and the seat belt defense typically requires an experienced car accident lawyer.
Contact Schrier Law Group Today to learn how we can help you recover maximum damages under your unique circumstances. Continue reading to learn more about the importance of wearing a seatbelt in your car accident case.
What Injuries Can You Get From Not Wearing a Seatbelt?
Colliding with a multi-ton vehicle at high speeds can cause significant injuries. That’s even truer if you were not wearing a seatbelt at the time of the collision. Typical injuries associated with not buckling your seatbelt include, but are not limited to:
- Internal bleeding
- Traumatic brain injuries
- Back and neck injuries
- Broken bones
- Permanent disfigurement
Suppose you get into a car accident (caused by another driver) while not wearing a seatbelt. In that case, it can be challenging for a judge or jury to decide what actually caused your injuries. Was it the crash or that you didn’t have on a seatbelt? Typically, cases like this require an experienced car accident lawyer and expert medical witnesses.
Understanding Florida Negligence Laws
According to Florida Statute § 768.81, Florida is a “pure comparative negligence” state. That means you can still recover damages even if you were partly at fault for the accident. With that in mind, a court may deem that your injuries were worsened due to neglect to follow Florida seatbelt laws.
In that case, your judgment would be decreased by the amount of your liability. For example, if the court finds that you were 25 percent responsible for your injuries, you can expect 75 percent of the initial recovery amount.
How The Seat Belt Defense Can Derail Your Case
In most Florida car accident cases, the defendant and plaintiff are assigned a percentage of the responsibility for the collision and subsequent injuries. However, if a judge or jury believes you contributed to your injuries, it can significantly affect potential judgments.
In Florida, not wearing a seatbelt can be considered contributory negligence (i.e., the seatbelt defense). Depending on the facts of the case, the defendant’s insurer or car accident lawyer may assert that the plaintiff is partially at fault for their injuries.
If they are successful in their argument, it can drastically lower the total damages awarded in car accident cases. Generally, an insurer must prove the following facts to assert the seatbelt defense successfully:
- There was an available and functioning seat that the plaintiff neglected to use.
- Their refusal to wear a seatbelt was unreasonable according to the situation.
- The plaintiff’s decision not to wear a seatbelt significantly contributed to their injuries.
Can I Still Recover Damages If I Wasn’t Wearing a Seatbelt?
You can still potentially recover financial compensation even if you weren’t wearing a seatbelt. However, it will make your car accident lawyer’s job significantly more challenging.
Generally, individuals who suffer serious injuries resulting from the negligence of another driver are eligible to pursue the following damages (regardless if they wore a seatbelt or not):
- Medical bills
- Cost of rehabilitation
- Lost income
- Permanent disfigurement
- Pain and suffering
- Mental anguish
- Loss of joy
If you’ve been injured in a car accident, don’t wait until the Florida statute of limitations expires before pursuing your case. Learn how a car accident lawyer at Schrier Law Group can help below.
Contact A Proven Car Accident Lawyer
Not wearing a seatbelt can be detrimental to a plaintiff’s goal of maximum compensation. Therefore, it’s recommended to consult with a Florida car accident lawyer as soon as possible.
Depending on the facts of the case, your car accident lawyer may be able to pinpoint other factors that led to your injuries, thus leading to a more favorable result. Contact Schrier Law Group today at 1-800-700-7285 for your free case review.
How and When to Report a Car Accident to the Police in Florida
Are you required to report every car accident in Florida to the Police? If so, when and how do you report a collision? In this article, you will learn the answers to both of these questions and more. Generally, Florida car accident laws set strict standards for when and how drivers are required to report accidents.
Neglecting to follow legally obligated reporting requirements can result in criminal charges (depending on the circumstances) and a significantly weakened personal injury case.
If you’ve been involved in a car accident involving significant injuries or damages, it’s in your best interest to report the collision as soon as possible. Your next step should be to contact the best Florida car accident lawyer for your circumstances.
At Schrier Law Group, our car accident lawyers are experienced, skilled, and aggressive. If you’ve suffered injuries due to the negligence or recklessness of another driver, we’re here to help you recover maximum compensation for your damages.
Contact us today at 1-800-831-2407 for your free case evaluation. Continue reading to learn more about how and when to report a car accident to the police in Florida.
How Long Do You Have to Report An Accident To The Police in Florida?
Under most circumstances, you have up to 10 days to file a car accident report in Florida. However, if the police are called to the scene of the accident, they will file the report for you. Generally, you are required to file a police report under the following circumstances:
- Serious bodily injury occurs to passengers, drivers, pedestrians, bicyclists, etc.
- Death occurs due to the accident
- The accident causes property damage in excess of $500
While these are the minimum requirements for mandatory police reporting, your car accident lawyer may still advise you to file a report even if there are little to no initially apparent injuries or damages.
It can sometimes be difficult to immediately assess the effect of certain injuries like whiplash, back injuries, head trauma, etc. Filing a police report protects you in case you need to file a personal injury claim days, weeks, or months after the accident.
How to Report a Car Accident in Florida
There are two ways to report a car accident in Florida. You can call the police to the scene or go to the nearest police station or highway patrol station to file the claim in person. If you are too injured to file a report, you can wait until you have the ability to do so.
However, Florida car accident laws stipulate that you file a report as soon as you’re physically able. Additionally, it’s always good to report the accident to your insurance company, even if it was a minor fender bender. Failure to report your accident to your insurer within the timeframe stipulated in your policy could lead to them denying future claims resulting from the accident.
Do You Have to Call The Police After a Minor Car Accident?
Technically, no. You are not required to call the police after a minor car accident that doesn’t cause injury, death, or property damage above $500.
However, it’s recommended to file a police report regardless of whether it was a minor or major accident in most cases. Doing so will help to protect against criminal liability and strengthen potential personal injury cases.
What Happens if You Don’t Report An Accident in Florida?
Generally, if you don’t report a car accident in Florida, you may face fines. However, if you leave the scene of an accident that causes injury, death, or property damage above the threshold, you can be held criminally liable. Criminal hit and run charges can result in jail time, fines, probation, lost driving privileges, and more.
Contact a Florida Car Accident Lawyer Today
If you’ve suffered injuries in a car accident caused by the recklessness or negligence of another driver, reporting the accident to the police is one of the first steps you should take. Another critical step is to contact an experienced car accident lawyer in Florida.
Our car accident attorneys at Schrier Law Group can help you:
- Investigate your case and determine liability
- Negotiate with insurance providers
- Identify and interview eyewitnesses
- Connect with expert witnesses
- Seek maximum compensation for your damages
Don’t wait until it’s too late to file a Florida car accident personal injury claim. Contact Schrier Law Group today for your free case evaluation with a top car accident lawyer in Florida.
CAN SOMEONE SUE ME IF THE CAR ACCIDENT CASE WAS SETTLED?
If a car accident victim accepts an insurance settlement, they can’t sue you for more money later on. However, someone can pursue a personal injury lawsuit against an individual instead of an insurer. The most common reasons at-fault drivers face litigation is not having insurance or the insurance claim exceeding policy limits.
Most claims don’t go over policy limits. However, if they do, at-fault drivers should have an asset protection plan in place. That can include appropriate liability insurance and additional coverages. Otherwise, at-fault drivers risk financially devastating lawsuits.
Fortunately, Florida laws offer many ways to protect your assets after an at-fault accident. However, it’s up to you to take advantage of them. Continue reading to learn the importance of protecting your assets before and after at-fault collisions.
Can Someone Sue You After Your Insurance Pays?
Suppose a personal injury claimant accepts your insurance company’s settlement offer. In that case, they can no longer pursue damages against you or the insurer.
However, if you’re underinsured, a plaintiff and their auto accident attorney may decide that they can get more money by foregoing a personal injury settlement and taking you to court instead.
That’s why it’s essential to have adequate insurance coverage in place to decrease the likelihood of personal liability in the event of an at-fault accident.
How Do I Protect My Assets After a Car Accident?
A personal injury lawsuit has the potential to decimate your finances. With that in mind, there are legal and procedural steps that at-fault drivers can take to help protect assets. Generally, a seasoned car accident attorney is likely to recommend the following:
- Talk with your insurer to learn if the personal injury claim is expected to exceed your policy limits.
- Learn what assets Florida law protects if the injured party decides to file a lawsuit against you.
- Design and act on a plan to legally protect certain assets.
- Prove to the court that any collection activities would be challenging by submitting a financial affidavit.
It’s essential to note that attempting to hide, transfer, or otherwise illegally protect assets when facing a lawsuit can lead to fraudulent conveyance claims.
What Options Do Plaintiffs Have If The Damages Exceed The Insurance Payout?
Car accident plaintiffs can exercise many options to obtain compensation for personal injuries. A judgment creditor can access financial records, garnish bank accounts, or garnish wages. Learn more about each below.
Access to Financial Records
Judgment creditors can review all of a debtor’s (defendant) financial records, including bank statements, tax returns, wage statements, and more. Further, victorious plaintiffs can require the defendant to make a legally binding deposition that outlines all assets and finances.
Bank Account Garnishment
The most common and useful method for collecting car accident judgments is bank account garnishment. A Writ of Garnishment can be obtained from the Clerk of Court. The plaintiff must then serve the defendant’s bank.
When the bank receives the Writ of Garnishment, they immediately freeze all accounts of the debtor. Once frozen, the bank informs the creditor of the account details, including the amount of money in the account at the time of garnishment.
In addition to bank account garnishment, creditors can also garnish a debtor’s wages. Wage garnishment involves directing the defendant’s employer to garnish up to one-fourth of their wages. Wage garnishment can continue until all debts are paid.
Defenses to Bank Account and Wage Garnishment in Florida
There are ways to protect your finances after an at-fault accident in Florida. A few of the most common methods to defend your bank account and wages against garnishment include but are not limited to:
- Head-of-Household Protections: At-fault drivers considered the “head of household” in Florida are typically exempted from a bank account and wage garnishment (up to six months’ wages).
- Joint Accounts: Certain types of joint accounts are exempt from garnishment. That’s especially true of accounts shared with a non-debtor spouse who holds equal equity and survivorship rights to the account.
- Exempt Income: Income from sources like social security, disability benefits, and annuities are exempt from collections and garnishment.
It’s recommended that at-fault drivers review their finances, fix any vulnerabilities, and submit a financial affidavit to increase the chances of avoiding litigation.
In many cases, if a plaintiff and their auto accident lawyer don’t believe they can collect more from you than the insurer, they will likely settle with the insurance company.
Contact A Florida Auto Accident Attorney
Sometimes, “at-fault drivers” are not entirely to blame for the accident. In that case, an experienced auto accident attorney can help you prove the other party’s negligence and potentially avoid a personal injury lawsuit.
Contact Shrier Law Group today to discuss the details of your case with a skilled Florida auto accident attorney.
HOW DEFENSIVE DRIVING CAN PREVENT A CAR ACCIDENT FROM HAPPENING
Did you know that 77% of drivers have been in at least one accident in their life? In many cases, individuals involved in accidents are not at fault, and they are the victim of a reckless or distracted driver. With that in mind, learning and practicing defensive driving techniques can help you and your family to avoid a major collision while driving.
What is defensive driving? Defensive driving is the practice of using safe driving techniques to avoid accidents by predicting potential hazards and doing your best to stay away from them.
Drivers who routinely use defensive driving techniques can expect:
- Decreased insurance premiums
- Lowered risk of being the victim of an accident
- Reduced risk of causing an accident
If you’ve already suffered injuries resulting from the negligence of another driver, you may be entitled to damages for your injuries, property damage, and more. Contact Paul Schrier at Schrier Law Group at 1-800-700-PAUL for your free initial consultation with an experienced auto accident lawyer.
Continue reading to learn more about how defensive driving can help drivers avoid accidents.
How Can Defensive Driving Help Drivers Avoid Accidents?
No defensive driving technique is 100 percent effective. However, regularly practicing defensive driving skills can drastically improve your chances of making it to your destination without getting into an accident. A few of the most effective methods to avoid car collisions in Florida are listed below.
Follow The Law And Pay Attention to The Signs
According to the National Highway Traffic Safety Administration (NHTSA), speeding contributes to 26% of all traffic fatalities. While it may seem normal to go a bit faster than the posted speed limit, you should be aware that doing so drastically increases your risk of getting into an accident.
Further, it’s essential to pay attention to posted signs like:
- School zones
- Children at play / recreation zones
- Slippery when wet
Driving at a safe speed and paying attention to posted signs can help you and your family avoid disaster while driving on Florida roads and highways.
Only Use The Passing Lane When Necessary
The passing lane (the lane furthest to the left) is meant for drivers who need to increase their speed to pass other drivers momentarily. Generally, it’s not recommended to remain in the passing lane for most of your trip. Doing so can lead to traffic congestion and potentially create unsafe conditions for you and other drivers on the road, especially if you’re driving at a reasonable speed while in the passing lane.
Use Defensive Driving Techniques to Avoid Dangerous Situations
While driving, it’s imperative to practice the three defensive driving techniques that are proven to help drivers avoid accidents. What are the three basic principles of defensive driving?
- Always put safety first (i.e., higher importance than speed, comfort, or fun) and follow the rules of the road.
- Be courteous with other drivers and be aware of unsafe driving conditions and reckless driving behaviors.
- Keep your vehicle well maintained (i.e., brakes, mirrors, tires, etc.).
Keep Distractions to a Minimum
According to the CDC, approximately eight people are killed every day in car accidents due to distracted driving. Distractions can lead to devastating collisions that put you and other drivers at risk of injury or worse. With that in mind, examples of distractions you should avoid while driving include but are not limited to:
- Talking on a cellphone while driving
- Typing in directions while operating your car
- Eating and driving
- Sending or reading a text message or similar
Hope For The Best But Prepare For The Worst
Accidents can happen anywhere, to anyone, and at any time. With that in mind, it’s essential to be ready for the worst-case scenario. That means that you should always assume that another driver is capable of causing a dangerous situation. A few things you can do to help yourself prepare for the worse include keeping a safe distance, getting off the road when you notice unsafe driving, and practicing patient driving techniques.
Contact a Florida Auto Accident Lawyer Today
Sometimes, defensive driving techniques aren’t enough to help you avoid the recklessness of another driver. If you’ve been injured in a car accident due to the fault of another driver, you may be entitled to maximum compensation. Working with an experienced auto accident lawyer can help you:
- Identify and collect evidence
- Negotiate with insurance providers
- Calculate your damages
- Take your case to trial if necessary
Contact Schrier Law Group today at 1-800-700-7285 to discuss your case with a proven auto accident lawyer.
DISCUSSING HENRY RUGGS III CAR ACCIDENT AND DUI
On November 2, 2021, professional football player Henry Ruggs III made national news for his involvement in a felony DUI resulting in the death of Tina Tintor. If he is convicted, Ruggs faces 2 – 46 years in prison, a lifetime criminal record, and the end of his professional career.
However, the penalties don’t stop there. Regardless of the outcome of the criminal case, it’s likely that the family of the deceased victim will pursue a wrongful death personal injury case. That means that Henry Ruggs and his insurer will likely spend many more months (if not years) either negotiating a settlement or going to court for wrongful death.
If someone in your family suffered a wrongful death due to another driver’s negligence, you might be eligible to receive maximum compensation for their death. Contact Paul from Schrier Law Group today at 1-800-700-PAUL to speak with an experienced wrongful death attorney.
Continue reading to learn more about the Henry Ruggs III car accident, DUI, and potential wrongful death lawsuit.
Timeline of What Happened in The Henry Ruggs DUI Case
Understanding why Henry Ruggs is facing felony charges and a likely wrongful death lawsuit requires details about the case. So far, the following information has been released, but not limited to.
- Tuesday, November 2, 2021, 3:39 a.m: Henry Ruggs III travels at speeds north of 156 mph while intoxicated and subsequently rear-ends the Toyota Rav4 operated by the victim. The car crash was reported on Rainbow Boulevard in Las Vegas.
- The Police Arrive At The Scene: When the police arrive at the crash scene, they find Tina Tintor and her dog dead. They suspect that Henry Ruggs is intoxicated, but Ruggs refuses an evidentiary blood test.
- Warrant Issued: Law enforcement officials request a warrant for a forcible blood draw to test his BAC levels. The request is approved. Law enforcement officials draw his blood at University Medical Center.
- Results of the Blood Draw: Nevada prosecutors released information stating that Ruggs’s blood alcohol concentration was 0.161 at the time of the accident – which is slightly more than two times the legal limit.
- Wednesday, November 3, 2021: Henry Ruggs III posts a $150,000 bond and is subsequently released by the Oakland Raiders. However, he must adhere to all parameters of his release, including periodic alcohol breath tests.
- March 10, 2022: Henry Ruggs III is scheduled to attend a preliminary hearing to face the charges levied against him.
What Charges Are Henry Ruggs Facing?
DUI charges are serious, no matter the circumstances. However, a DUI resulting in death and serious bodily injury carries the harshest penalties of all DUI charges. Listed below are the current criminal charges that Ruggs faces.
- Two felony charges for DUI causing death or substantial harm – Punishable by 2 – 20 years imprisonment and fines ($2,000 to $5,000) for each charge if convicted. One charge is for the victim’s death. The other charge is for the injuries sustained by his girlfriend, who was a passenger in his vehicle at the time of the collision.
- Two felony charges for reckless driving resulting in death or physical injury – Punishable by 1 – 6 years imprisonment and a fine of $2,000 – $5,000.
- Misdemeanor possession of a gun while under the influence of alcohol – Punishable by up to six months in prison and up to $1,000 in fines.
Can Henry Ruggs Be Sued For Wrongful Death?
Absolutely. A wrongful death occurs when someone engages in unreasonable, negligent, or reckless behavior that results in another person’s death. Generally, anytime someone is killed due to a DUI, their family or estate can pursue a wrongful death personal injury case.
According to reports, the family of Tina Tintor has hired a wrongful death attorney to handle their possible wrongful death lawsuit. They have not issued further statements. However, they will likely pursue a personal injury case against Mr. Ruggs and his insurer. If successful, their losses may be realized via an out-of-court settlement with Henry Ruggs’ insurer, in court, or both.
Contact a Florida Wrongful Death Attorney Today
DUI-related deaths occur in Florida far too often. If your loved one or family member lost their life due to the negligence of another driver (for DUI or other reasons), you have the right to pursue maximum compensation for your loss.
While recovering damages is not an equal replacement for the loss of a loved one, it can help to offset costs associated with their death, including but not limited to funeral costs, lost income, pain and suffering, and much more.
Contact Schrier Law Group today to schedule a free initial consultation with a proven wrongful death attorney to discuss your case.
CAN YOU SUE YOUR INSURANCE AFTER AN AUTO ACCIDENT?
If you get into an accident (specifically one that’s not your fault), your insurance owes you a duty to compensate you for injuries and property damages. However, in many cases, insurance providers fall short on their side of the bargain. Insurance companies will often find ways to deny or underpay claims by:
- Contesting the cause of the injuries
- Disputing the extent of your injuries, or
- Claiming a lack of evidence to establish fault
Many insurance companies are known for denying claims in bad faith or neglecting to properly investigate a claim before issuing a denial. Further, insurance companies are much more likely to take advantage of claimants who are not represented by a formidable auto accident lawyer.
If you’ve been involved in an accident and your insurance company denies your claim or makes a lowball offer, you have options. Contact Schrier Law Group at 1-800-700-7285 for your free initial consultation with a proven auto accident lawyer.
Why Would You Sue Your Car Insurance After an Auto Accident?
Car insurance can help to pay for medical bills, property damage, and other expenses in the event of a collision. However, in many cases, insurers make lowball offers, refuse to pay out viable claims, and use bad faith practices when dealing with auto accident claimants.
The most common reasons to sue your own car insurance company include:
- The driver that causes the accident doesn’t have insurance, you have Uninsured and Underinsured Motorist (UM/UIM) coverage, and your insurance refuses to pay your damages or makes a low settlement offer.
- The driver that causes the accident doesn’t have adequate insurance to cover your damages, you have Uninsured and Underinsured Motorist (UM/UIM) coverage, so you pursue additional damages through your policy.
If your insurance company neglects to hold up its end of the bargain, you have options. Working with an experienced auto accident lawyer can drastically improve your odds of getting maximum compensation for your injuries and damages.
Continue reading to learn more about a recent successful personal injury suit against a major insurance provider in the next section.
Case Study: Ryan J. Burke v. Hernando Lancheros and VL Auto Transport, Inc.
In 2016, Ryan Burke was heading westbound on the I-4 in Orlando. Suddenly, he was struck by a tractor-trailer (going in the opposite direction) and subsequently collided with a concrete barrier. Seconds later, another westbound vehicle rear-ended Mr. Burke.
Mr. Burke suffered serious back injuries due to the collision. With the help of his auto accident lawyer, Ryan Burke sued his employer, the driver of the tractor-trailer, the employer of the driver, and his insurer (Horace Mann Property & Casualty Insurance Co.) to recover his underinsured-motorist benefits.
Fortunately, he hired a skilled Florida auto accident lawyer to represent him. Mr. Burke’s auto accident lawyer successfully negotiated a settlement north of $6 million. If he didn’t hire a proven auto accident attorney, it’s not as likely that he would have received maximum compensation (especially without going to court).
Should I Sue My Insurance Company After a Car Accident?
In most cases, a lawsuit is not necessary. However, it’s recommended that you hire an auto accident lawyer to help you negotiate with your insurer. Insurance companies are notorious for making low-ball offers, denying viable claims, and hindering all attempts to receive maximum compensation for injuries and damages.
An experienced auto accident attorney will ensure that your losses are well-documented, all of your forms are submitted without error, and aggressively fight for the maximum damages you are owed. In the event that your insurer still refuses to pay you fair compensation (even after hiring a lawyer), your auto accident lawyer can file suit.
Further, an attorney can play an instrumental role in pursuing damages from all parties involved in the collision. Attempting to recover damages from multiple parties is generally a complex task reserved for the most skilled personal injury attorneys.
Contact The Best Auto Accident Lawyer in Florida Today
Our auto accident lawyers at Schrier Law Group let our results speak for themselves. To date, we’ve recovered more than $500 million for accident victims in Florida. We take pride in standing up to the insurance companies, asserting our client’s rights, and pursuing maximum compensation for every client.
If you’ve been injured in a car accident due to no fault of your own, it’s in your best interest to consult with the best auto accident lawyer for your circumstances. Negotiating with insurers on your own can lead to:
- Delayed settlements
- Denied claims
- Low-ball offers
Can Tailgating Cause Car Accidents?
Nearly one-third of all car accidents involve rear-ending. With that in mind, yes. Tailgating can cause serious car accidents. Generally, when tailgating occurs, it leaves the driver a very small margin for error.
If the lead car needs to slam on brakes to avoid a collision or hazard, the tailgater has little option but to hit the car in front of them. In this article, we discuss everything you need to know about tailgating, how to avoid it, and what to do if you’re involved in a rear-end collision.
Continue reading to learn more.
What Is Tailgaiting?
Tailgating occurs when a person drives too closely behind another vehicle. Most experts recommend leaving at least two car lengths of space between your vehicle and the vehicle in front of you (when driving at slow speed).
It’s advisable to leave much more space when traveling on the highways or at faster speeds. However, when that space is decreased (even by a few feet), it severely limits a driver’s ability to avoid collisions.
How to Avoid Tailgating
Most drivers are guilty of tailgating at one time or another. However, it’s in your best interest to avoid the practice as much as possible. With that in mind, you should consider the following when driving:
- Remain conscious of your surroundings
- Limit distractions (i.e., cell phones, food, etc.)
- Keep as much space between you and the next driver as possible
- If you’re tired, pull over and take a nap in a safe place
- Get your brakes, tires, and tire pressure checked regularly
- Don’t be in a rush when driving – it can be deadly
You can control whether or not you tailgate other vehicles. However, you have no control over other drivers on the road. Continue reading to learn tips to stay away from tailgaters while driving.
How to Stay Away From Tailgators
Tailgating isn’t always due to intentional recklessness. On the contrary, most tailgaters are not aware of their proximity to the car in front of them due to several factors such as:
- Driving while fatigued
- Driving while distracted
- Driving aggressively
- Drunk or drugged driving
Suppose you notice a car tailgating your vehicle or another close-by vehicle. In that case, it’s recommended that you move your car to the shoulder and allow the tailgater to pass.
If that’s not possible under the circumstances, take the soonest turn off the road or highways that you can. If you’re unable to get away from another car driving too close to yours, it may be helpful to drive a bit slower. That may incentivize the tailgating driver to switch lanes.
The most important thing here is to pay attention to other drivers around you and take precautions when you notice tailgating. Doing so could save you a lot of frustration, pain, time, and potentially, money.
Who’s at Fault in Tailgating Accidents?
In most cases, the tailgater is liable for accidents. The logic is that they may have avoided the accident if they allowed the recommended space between the next car. However, in some cases, the lead driver is liable for tailgating accidents.
A few possible scenarios that could result in the lead driver being held liable for an accident include but are not limited to:
- The lead driver unlawfully or recklessly pulled in front of the rear driver
- The lead driver slams on the brakes for no apparent reason
- Instances of road rage or insurance fraud
- Drunk or drugged driving
- The lead driver was distracted
It’s not easy to prove the lead driver is responsible for a car accident. However, it’s not impossible either.
If you’re involved in a rear-end collision (where you believe it was the lead driver’s fault), it’s in your best interest to identify as many eyewitnesses as possible before leaving the scene.
What to do If You Are Injured in a Tailgating Accident
Common injuries in tailgating accidents include whiplash, traumatic brain injury (TBI), injuries to the lower extremities, facial injuries, and more. If you’re injured in a rear-end collision, it’s in your best interest to take the following steps:
- Check on the other driver’s involved in the accident
- Contact the police, notify your insurance, and call an ambulance if necessary
- Call an experienced auto accident lawyer
- Collect evidence at the scene (i.e., pictures, videos, eyewitness information)
- Seek immediate medical attention
If you’ve been injured in a tailgating accident in Florida, working with a proven auto accident lawyer can be the difference between maximum compensation and no compensation.
Contact Schrier Law Group for your free initial consultation with a proven auto accident lawyer in Florida today.
How to Take Good Photos After a Car Accident
If you are involved in an accident, comprehensively documenting of what happened could help support your case; should you choose to hire an attorney. Accidents can be a difficult and bewildering time. Therefore, taking photos of the scene of the accident could help you or your attorney catch some of the most important details that could be missed due to your pain or confusion.
If you’ve been involved in an accident, it may benefit you to contact a car accident lawyer. Your Florida accident lawyer can help you obtain the fair value for your vehicle damage and either negotiate an appropriate settlement for your injury case or advocate for you in court. The right attorney will secure the most compensation for you, by presenting the most relevant evidence to ensure that you are awarded all of the damages that you are entitled to.
Take Photos of The Scene And Your Injuries
They say a picture is worth 1000 words. By taking photos of the accident scene, including the damage done to both vehicles, as well as the position of the vehicles after the crash, you will be in a better position to prove what actually took place. Most of the photos can be used as evidence in court.
Many bruises, cuts, lacerations, and scrapes will eventually heal, but having pictures of your injuries could also help your Florida car accident attorney build a case for you. If you have permanent scars or bruises, Florida Law permits you to obtain compensation for the cost to surgically improve the scars and for the permanent damage that has been done because of the negligence of the other driver. Damages are typically awarded based on proof and many photos can provide additional evidence regarding your injuries.
Take a picture of Your Vehicle and Other Vehicles Involved
Capturing photos of your vehicle and the other vehicles involved after the crash may prevent you from being responsible for damages that you did not cause.
The photos that you take could demonstrate some of the details about your accident that you may not recall months or years later. They also may assist your lawyer and legal team with your case, by proving omissions in witness statements, as well as various inconsistencies that may appear on police reports.
Take A Lot of Pictures and Videos
Taking more videos and photos than necessary may prove useful when it’s time to file an insurance claim or a lawsuit.
The more photos you have, the more likely they can provide context for your accident and help your Florida personal injury law firm tell the story of your accident and why you deserve to recover compensation.
It could also be of use to take photos of the licenses and insurance information of the parties involved. After your accident, things may be lost, especially if your car gets towed, along with your personal possessions inside. Taking photos of everyone’s documentation and evidence can ensure that you have a backup. These photos should also be tagged, with the date of the accident, which may come in handy if the Florida statute of limitations is an issue in your case.
Get Close, Shoot Wide, Cover Everything
Getting close-up shots can help provide more details about the specific elements of your accident. They also can provide some evidence as to how the accident may have occurred. Shooting wide shots also provide context, as to where the accident happened and may provide evidence as to who’s liable. A best practice, post-accident, is to take lots of photos, to cover everything that you think will be helpful evidence, whether for yourself or for your Personal Injury Attorney to use.
Give The Photo a Sense of Scale
Placing a small item in the photo to provide a reference point for your damages or injuries could be very useful. Pictures can show how your injuries have changed over time, especially if they worsen. Using everyday items in your post-crash photos as a reference point could help expedite your injury claims process.
Be Sure To Capture Hazards That Led To the Accident
Capturing photos of what may have contributed to your accident could establish who is at fault and, therefore, liable for the accident.
Proving liability is essential to winning a car accident case, whether in or out of court. It is up to you, the victim, to prove who the negligent party was in your case. By capturing the right photos, you will be able to assist in establishing who the at-fault party was and who should be providing compensation for your case.
Don’t Forget About The Lighting in The Photos
Capturing photos with and without flash could make a difference in the quality of the images. That’s why Florida car accident attorneys suggest taking lots of pictures and changing the lighting options on those photos so that you don’t miss any crucial details.
Factors That Can Affect The Quality Of Your Pictures
Many factors could contribute to the overall quality of your photos. The lighting and the angles you take the photo at can affect the appearance and perception of your accident or injuries. Adjust for the lighting, zoom in and out, and secure videos also, to make sure that you cover all of your bases.
Contact The Schrier Law Group Today
If you need a car accident attorney, they will be able to determine which photos to use, post-accident, to assist you with your case, contact Schrier Law Group at 1-800-700-7285. You may not know about some of the best car accident and negligence law firms because they are not necessarily on tv commercials. Schrier Law Group is known for making a huge difference and for changing the negative perception that too many have about personal injury lawyers. The lawyers, investigators, and assistants, at Schrier Law Group, aggressively and compassionately represent those who have unfortunately been injured victims of negligence.