When a Car Accident Case Goes to Trial

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According to statistics, the majority of car accident insurance claims are resolved before any lawsuits are filed from either party. And even when a lawsuit is filed, an agreement is reached before a trial takes place.

However, there are cases where an agreement cannot be reached, and when that happens, the trial is necessary. Now you may be wondering what happens if your car accident case goes to trial. There are many rules and regulations that vary from state to state; however, there are also procedures for trials that are common to most states. Read more

Mike

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The Auto Accident Glove Compartment Checklist

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No one wants to think about getting injured in a car crash, but those who are prepared will be better off in an emergency if it comes up. From the first few minutes after an accident to weeks and months afterward, there are certain steps you should take to protect your own physical and financial well-being. Keep this auto accident glove compartment checklist handy in case of an auto accident. Read more

Mike

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Been in an Uber Accident? Here’s what you need to know

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Whether we know it or not, whether we like it or not, the collaborative consumption that makes up the sharing economy is here to stay. Now you can rent a spare room in your house to weary travelers, rent one of several shared bikes at terminals throughout large cities, or make a little extra cash driving people to and from their destinations. However, this new economic sector raises a whole new set of legal questions about responsibility and liability. That’s why it shouldn’t come as a surprise you can’t seem to turn the corner without seeing an ad for an “Uber Accident Attorney” So, what do you do as a passenger when your rideshare driver finds themselves in a crash? Read more

Mike

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An Accident Attorney in Daytona Beach Explains What You Need to Know about Personal Injury Cases

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Personal injury claims can arise out of any number of situations where someone is negligent, deliberately careless, or acts intentionally, and this action – or in some cases, inaction – results in someone being hurt.

Examples of Types of Personal Injury Claims

Below are some examples of the most common types of personal injury claims.

Car Accidents

Almost every car accident attorney will tell you that car accident are the most common source of personal injury claims.  If someone is a passenger in a car and they are injured, they almost always have a personal injury claim.  Whether the injury is attributable to the driver of the car they were in, the driver of the other vehicle, or the conduct of a third party, if injuries were sustained, there may be a valid claim for compensation based on the injury.

Similarly, if the driver of a car is injured due to someone else’s conduct, whether that person is the driver of another car or a third party, the injured person may have a claim for personal injury.

And if someone is a pedestrian and hit by a car or truck, there may be the basis to file a personal injury claim.  Of course, the facts and circumstances of each specific case dictate whether or not someone has a valid claim.

Other Types of Vehicle Accidents

Personal injury claims aren’t just limited to cars and pedestrians.  If someone is injured in a boating accident, a bicycle accident, or a motorcycle accident, they may also have a claim for personal injury.  Similarly, if someone is injured in a bus or tractor-trailer crash, a personal injury claim may exist.

Medical Malpractice

Medical malpractice claims are less common, but no less serious a personal injury claim than car accidents. Common medical malpractice cases include:

  • Leaving a sponge or instrument inside a person’s body during surgery
  • Failure to consider how different prescriptions can interact negatively
  • Misdiagnosis or failure to diagnose

Medical malpractice errors are typically accidental, but the consequences of such carelessness can be severe.  An accident attorney in Daytona Beach will be invaluable to your case if you feel you may have a medical malpractice claim.

Slip and Fall Accidents

Slip and fall accidents, also known as premise liability, involve cases where someone slips, trips, and/or falls on someone else’s property.  If the owner was aware (or should have been aware) of the danger presented, perhaps by a loose rug or uneven pavement, and did nothing to rectify the situation or sufficiently caution people about the danger, they may be liable for the injury.

Personal Injury Claims Hold People Responsible

When someone is injured, a personal injury lawsuit holds the person who caused the injury responsible.  Additionally, a personal injury claim provides compensation for past and future medical bills, lost wages, and pain and suffering.

Time Limits Apply

In the state of Florida, there is a limit on how long an injured party has to file a personal injury claim.  Failure to file the claim within the statutorily prescribed timeframe will result in an inability to pursue it.  Because personal injury law can be complicated, it’s a good idea to consult with an attorney.  An accident attorney in Daytona Beach can review the facts and circumstances of your particular case to determine whether you have a personal injury claim.

Jessica

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Car Accident Attorney Port St. Lucie Shares 8 Things You Can Do to Prevent an Accident

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According to the Florida Department of Highways Safety and Motor Vehicles, there were more than 400,000 car crashes in Florida last year.  This number has been steadily increasing year-over-year since at least 2011.  Car accident attorney Port. St. Lucie handles innumerable cases each year involving totally preventable accidents.  Although you cannot account for the behavior of other drivers, you can take steps to protect yourself against their possible negligence. Read more

Mike

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What Is the Law for Reckless Operation in Ohio?

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Ohio has three basic reckless operation laws on the books. The one that is enforced most often applies to driving vehicles on public roads and highways. Another addresses reckless driving on private property, and the third deals with the reckless operation of boats and personal watercraft.

All deserve to be taken seriously because police and courts treat the alleged offenses as misdemeanors rather than minor traffic violations. Also, a conviction or guilty plea can put 2 or 4 points on a driver’s Bureau of Motor Vehicles record. Anyone who accumulates 12 points within a 24-month period will have their license suspended.

Effective defenses exist against reckless operation charges, especially in cases where the law enforcement officer who made the charge exercised a great deal of personal judgment. Contacting a reckless operation attorney in Franklin County will help an accused driver understand his or her options for going to trial or negotiating a plea deal.

Reckless Operation on Public Roads and Highways

Section 4511.20(A) of the Ohio Revised Code states, in full, “No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.” Aside from local ordinances that specify that going more than 25 mph over a posted speed limit, law enforcement officials have a great deal of leeway in making a reckless operation charge.

Alleged offenses that can bring a citation for reckless operation include

  • Weaving through slower-moving traffic
  • Jumping a curb
  • Running a stop sign or red light
  • Causing a crash while changing lanes
  • Driving on the shoulder or in the median

Two more important things to know about the general reckless operation charge are that Ohio considers pretty much anything with wheels a vehicle and that receiving a sentence for reckless operation requires going to court and appearing before a judge.

Off-road Reckless Operation

This statute — O.R.C. 4511.201 — uses the same “willful or wanton disregard” language as the law pertaining to driving on public roads and highways. It applies, however, to parking lots, driveways, trails, and beaches. Exceptions exist for off-road racing and vehicle demonstrations, but such events must be organized and carried out with the knowledge and permission of the property owner.

Reckless Operation on the Water

O.R.C. 1547.07 actually details which behaviors by boaters will be considered reckless. The first paragraph of the statute lists vessels, water skis, and aquaplanes and prohibits operators from acting “carelessly or heedlessly, or in disregard of the rights or safety of any person, vessel, or property, or without due caution, at a rate of speed or in a manner so as to endanger any person, vessel, or property.”

Later paragraphs make it illegal to go airborne while crossing wakes within 100 feet of another vessel, to follow another vessel too closely, to come within 200 feet of a water skier being towed by another boat, to cause another vessel to swerve to avoid a collision or to weave through traffic.

Mike

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The Most Common Traffic Tickets

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During 2015, the Ohio State Highway Patrol recorded a little more than 1.5 million traffic stops. Troopers issued the highest number of citations for speeding, amounting to 379,000 tickets. The second most-frequently issued traffic tickets, totaling some 116,000, were for failing to use seat belts and child restraints. License violations ranked third. Arrests for operating a vehicle while intoxicated (OVI) also constituted a significant proportion of encounters between Highway Patrol officers and drivers, representing nearly 25,000 of the recorded incidents. how to get a traffic ticket dismissed in ohio Read more

Mike

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