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Search personal injury legal assistance in Florida? When is a Driver Negligent and Liable for Damages in a Car Accident? While every car accident is unique, here are some common scenarios in which a driver in Florida might be negligent and liable for the damages caused: Violating the traffic code: A driver who causes an accident by violating the traffic code will likely be liable for the damages caused by the accident. In fact, this is the most common causes of car accidents. Violations of the traffic code that regularly result in car accidents include drivers who ignore traffic lights and drivers who are speeding. Impaired Driving: Sadly, alcohol-related crashes are still fairly common in Florida. According to the Florida Department of Transportation, 5,223 crashes were caused by drivers impaired by alcohol, which in Florida means that the driver has a Blood Alcohol Level (or BAC) over 0.08.
During negotiations, mention any emotional points supporting your claim. If, for example, you have sent the adjuster a particularly strong photo of a smashed car or a severe-looking injury, refer to it. If there was a bottle of beer found in the other party’s car, refer again to the possibility of alcohol use. If similar accidents had occurred in a similar way at that location, remind the adjuster. If your injury interfered with your ability to care for your child, mention that your child suffered as a result. Even though there is no way to put a dollar value on these factors, they can be very powerful in getting an insurance company to settle an accident claim.
Insurance companies do not pay money willingly. The insurance company can be expected to thoroughly investigate the facts of your accident and use any prior history of related medical conditions to diminish the value of your claim. Insurance companies may hire a private investigator to film your physical activities in public. In substantial injury claims, insurance companies may even try to set you up by having their investigators trick you into engaging in physical activities such as carrying a heavy package, bending to pick up bulky objects or changing a flat tire.
Insurance companies use various tactics to reduce their liability. Beware of any documents they ask you to sign or any unexpected checks they send you in the mail. Consider talking to an attorney so you don’t accidentally sign away your right to pursue a fair personal injury settlement. Personal injury attorneys have in-depth knowledge and experience in negotiating personal injury settlements. They know how to build a persuasive case and how to take a firm stance with insurance companies. Your attorney will handle everything, including dealing with the insurance company and their team of attorneys.
If you or a loved one were injured by the negligence of a semi truck driver, then an Orlando truck accident may be able to help you recover for your damages. Under Section 95.11 of the Florida Code, a person injured in a truck accident will have four years from the date of the accident to file a negligence lawsuit against the truck driver or their trucking company. More urgently, some of the evidence required to prove negligence can dissipate over time. To ensure you have the strongest case possible, contact us at 407-315-8000. Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys PLLC. Discover extra info on Bengal Law PLLC.
After an injury occurs, you have time limits to bring your case. It’s important to bring your case as soon as possible because you don’t want to risk time running out. After the statute of limitations expires, you may not be able to recover at all. Also, filing your case lets you begin to gather evidence formally. This can be a critical aspect of being able to preserve the evidence necessary to build your case. It also lets the other side know that you’re serious about getting a fair recovery and moving the case through the courts as quickly as possible.