Category Archives:Auto Accidents

Auto Accident - Road Fatality

Auto Accident – Road Fatality

As the state of Florida population steadily increase its population the number of road fatalities from auto accidents has rapidly increased over the past few years. Florida has a sizable population of age 65+, Motorcyclist, tourist (out of state and out of country), distracted drivers, teen drivers and impaired drivers and all of these factors increase the likelihood of an auto accident fatality.  Due to Florida’s great weather there are many pedestrians (joggers and runners) and Bicyclist on the already crowded roads. All of these things lead to a higher number of auto accident deaths.

How many auto accident deaths were in Florida?

According to the Florida Department of Transportation the number of Fatalities in state for 2017 was 1,881.  That same year there was also 14,205 accidents with serious injuries in a traffic crash.

According to the Orlando Business Journal “The Sunshine State was ranked near the bottom of the pack as the 46th safest state in the country; only ranking higher than Texas, Oklahoma, Louisiana and Mississippi.” The Insurance Institute for Highway Safety has Florida ranked as tenth in the nation for fatalities in 2016. DMV Florida states that there where on average 1081 crashes in Florida per day in 2016.  Many factors come into play as to why Florida is ranked so highly with traffic fatalities.  Crowded or congested roads; lack of urban planning; lack of mass transit; many out-of-town drivers (particularly tourists); amount of driving Floridians do; distracted driving not being enforced; lack of suitable roadways; construction; lack of turn lanes; underfunding of the roadways; lack of law enforcement; and high number of DUI drivers.

In a report entitles Dangerous by Design noted the top twenty cities in the United States of America to walk in. These are the ones listed for the states of Florida and ranking:

  1. Cape Coral – Fort Meyers
  2. Palm bay – Melbourne – Titusville
  3. Orlando – Kissimmee – Sanford
  4. Jacksonville
  5. Deltona – Daytona Beach – Ormond Beach
  6. Lakeland – Winter Haven
  7. Tampa – St Petersburg – Clearwater
  8. North Port -Sarasota – Bradenton
  9. Miami – Fort Lauderdale- West Palm Beach

According to the national highway Traffic Safety Administration (NHTSA) and a report from the nation center for statistic and Analysis, Bicyclists in Florida are more likely to be killed that cyclist in any other states.

What are some things that you can do to make sure you do not end up on of this statistic.

  • Make sure that your car is in proper maintained (good tire and mechanical checkups).
  • While driving do not be a distracted driver. Reduce distractions such as texting, surfing the web, playing games.
  • Be well rested when driving.
  • Do not drink and drive (with Taxis, Uber, Lyft there is no excuse).
  • while running/cycling do no ware headphones
  • While running go against traffic.
  • While cycling obeying all traffic laws.
  • While on a motorcycle obeying traffic laws (speed).
  • Obey the speed limits and other traffic signs.
  • Always where you seat belts.
  • Beware of your surroundings and how to react in emergencies.

Just like in any accident you should document the accident with photo; video or even sketch it out. Make sure to document your car, the other cars and the road/intersection. Once you have done this you need to move your cars out of the roadway if possible it’s the law. While wait for the police to arrive. You will need to have the following: Driver’s license, registration card, and insurance.  You will need to exchange with the other driver involved in the accident:

1- Name, address and contact information

  1. Driver’s License number
  2. License plate number and Vehicle involved.
  3. Auto Insurance information.

A law enforcement officer will complete a written report if the crash involves a charge of DUI or results in death, injury, or property damage to the extent a vehicle must be towed.

Auto Accident Fatality? Call Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

What to Do After a Multi-Car Wreck or Multiple Car Accident?

What to Do After a Multi-Car Wreck or Multiple Car Accident?

So 3 more cars were involved in an accident.  What you do soon after a multiple car accident will determine how successful you will be in your outcome. Determining liability can be difficult enough when there are two cars involved; however, when multiple vehicles are involved the situation can become even more complex. A vehicle may only hit another vehicle because they themselves were impacted from behind, which commonly occurs in multi-car pile-ups.

What to do in a multiple car accident. Photo of a car accidentUltimately, who is liable for a crash will be determined on a case-by-case basis, either by the insurance companies or by a court. However, there are some general principles that can help you determine your legal rights in multiple vehicle accident situations. To determine fault, the accident investigator will review the police report and take with the police office that investigated the accident.

The driver of the car that rear-ends a leading vehicle will almost always be considered at least partially negligent. Every driver has a duty to follow other vehicles at a safe distance. The reason for this is because car drivers sometimes suddenly, and unexpectedly, slow down or come to a stop — to avoid a hazard in the road, for example, or simply because of traffic congestion. You are expected to have enough distance between you and the car in front of you to prevent a collision if such an unanticipated stop becomes necessary

Common Causes of Multi-Car Accidents

Driver error is almost always at play in car accidents, but these contributing factors are especially common in multi-vehicle crashes:

Weather: Bad weather conditions often result in low visibility and slippery roads. Snow, ice, rain, and fog are just some of the conditions that can quickly turn an otherwise safe road into a hazardous one.

Speeding: Driving fast is the leading cause of motor vehicle accidents in the United States. At high speed, one wrong turn of the wheel can set off a chain reaction of bent steel, broken glass, and serious injuries.

Falling Asleep: When a driver falls asleep, even for a split second, there’s no one driving the car. It only takes a second for a driverless car to drift into another lane, careen off the road, or plow into the car in front.

Intoxication: Drivers under the influence aren’t just the stereotypical drunk driver. DUI can include the use of prescription medications and illicit drugs, as well as alcohol.

Cell Phones: No list of causes for multi-vehicle accidents is complete without including cell phones. Talking, texting, taking photos, and checking email are some of the leading causes of collisions. Distracted drivers are dangerous drivers.

Police Chases: High-speed police chases often cause collisions. Although many cities now restrict police chases to crimes involving serious felonies, there are still instances of officers or suspects losing control of their vehicles during a chase.

Other Distractions: Loud music, conversations with passengers, reading maps, eating, putting on makeup, and general boredom or inattention can also lead to accidents.

What to do if you are in a Multi-Vehicle Car Wreck

Anytime you are in a multi-vehicle car wreck, you should:

  • Assess injuries and call an ambulance if needed,
  • Call the police and request the come make a police report,
  • Take a PICTURE! Photograph the vehicles and scene so that the order or impacts may be determined later by an accident, expert if necessary,
  • Move to a safe area if possible so you do not get hit again,
  • Do not give any recorded statements to adjusters,
  • Call your own insurance and report the collision,
  • Call a car accident lawyer for advice.

The best thing you can do to protect yourself is to purchase coverage to protect you and the people in your vehicle.  As previously stated, obtaining Underinsured Motorist coverage may be your only saving grace is multiple parties are fighting for the small pot of money.  Your own passenger can sue you for damages if you cause the collision in addition to other drivers. So, you need higher liability insurance limits to protect you from this. Second, raising your PIP and underinsured motorist coverage limits can afford you more protection for when someone else causes a multi-car accident and does not carry enough coverage.  Talk to your insurance agent before you get in a wreck to get these protections. Afterwards is too late.

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck #Motorcycle

Do I have a claim for an auto accident?

Do I have a claim for an auto accident?

Should I hire an experienced Personal Injury Lawyer in Tampa for my car accident?

If you or a loved one has been injured in a Tampa car accident, the attorneys at Fernandez and Hernandez may be able to help you gain compensation for your injuries and losses.

Do I Need to Hire a Car Accident Laywer? - Photo of clip board that shows a to do list - Lawyer Up!Our Tampa accident lawyers were born and raised in Tampa and, in order to best represent the people of Tampa in times of need, we only take on cases with legitimate claims for injuries. Not only do our attorneys have vast experience in their fields, they have also recovered millions in verdicts and settlements against negligent automobile drivers and other parties.

You could be compensated for your losses if your injury was caused by negligence on the part of an individual or company. These losses may include current and future medical expenses, lost wages, and pain and suffering.  Read more as to why you should our experienced attorneys and read more why it is important to hire an experienced attorney according to FindLaw

If you are ready to meet your Tampa Injury lawyer, feel free to schedule a free case evaluation right away and why you should hire an attorney.

Do I Have a Case?

In addition to showing that you have been injured, your attorney must also establish, through credible and relevant evidence, that the other party is legally responsible for your injuries. By legally responsible, we need to prove that the other party was negligent (at-fault), that you are injured and that your injuries were caused by the other party’s negligence.  As a result, a lot of work goes into investigating the circumstances of your injury.

Most cases are filed under the theory of negligence, which is defined as the failure to exercise reasonable care to protect others from harm.  Commonly, this as defined as “Negligence is culpable carelessness. Negligence essentially consists in the mental attitude of undue indifference with respect to one’s conduct and its consequences”.  Florida Statute 768.81(c) defines negligence as:

(c) “Negligence action” means, without limitation, a civil action for damages based upon a theory of negligence, strict liability, products liability, professional malpractice whether couched in terms of contract or tort, or breach of warranty and like theories. The substance of an action, not conclusory terms used by a party, determines whether an action is a negligence action.

These cases hinge on your Tampa Injury attorney providing a clear picture of failure on someone else’s part to act reasonably when it comes to being careful.

For example, if someone driving a vehicle was negligent for any number of reasons – running a stop light, texting while driving, etc. – they have failed to act with the care needed to be driving the vehicle, and your attorney can work to prove that an injury in a car accident was a result of that negligence.

How Can Fernandez and Hernandez Help Me?

Dedicated to protecting the people, not the powerful, Fernandez and Hernandez established itself as a leading personal injury law firm. Our Tampa injury lawyers play a vital role in the firm’s success, recovering millions on behalf of their clients.

We put people over profits.

Our Tampa injury lawyers work on a contingency-fee basis, meaning we only get paid if you collect, with the fee being a percentage of what we collect for our client’s in the settlement. Until then, you don’t have to deal with costly hourly fees.  Remember, we get paid if you get paid, when you get paid and the more you make, the more we make.

Hiring the Right Lawyer for the Right Case

If you do not have an experienced lawyer who is skilled in the area of law in which your case falls, you are putting your future at risk. While many lawyers will try to make you believe that they can handle any auto accident or mislead you into believing that all personal injury cases are the same – and therefore that they can handle any personal injury claim type – the truth is, each area of personal injury law is distinct and should be thoroughly understood by your Tampa injury attorney. For example, the laws surrounding premises liability would not apply to a car accident claim, just as the theory of strict liability would rarely apply to a car accident case. Knowing legal nuances, statutes, and relevant case precedent can make or break a claim.  Hiring an attorney that concentrates in auto accidents.  Be weary of the Tampa lawyer who claims to handle six or seven areas of the law.  As they say, “jack of all traits; master of none.”  This is your life or liberty, why risk it with an inexperienced attorney?  Be sure to hire an experienced attorney.

More than just knowing the laws pertinent to your case, however, an attorney with specialized skill set will likely also have a experience working with other specialists and experts in that field, negotiating with insurance adjusters, and even litigating in court.

Contact Us for Your Free Consultation

Only an experienced attorney will be able to evaluate your situation and determine whether you have grounds for a lawsuit. To find out whether you can take legal action, contact us today by completing our free case evaluation form.

If you’ve been in an accident and want a free consultation with a highly rated attorney, contact us.

Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

What to do after a car accident?

What to do after a car accident?

When you are involved in a car accident there are a few simple step one should take after a car accident.

– By Tampa Injury Attorney: Martin J. Hernandez, Esq.

The first thing after you have been in a Tampa car accident that you should do is to check that no one needs immediate medical attention. The Florida Department of Motor vehicle makes the following suggestions for an accident with injuries.

What to Do after a car accident. Legal advice and don't go it aloneAs a responsible driver, you must never leave the scene of an accident. Not only is it essential that you provide any necessary help immediately following an accident, but leaving an accident scene can result in having your driving privileges revoked, your license suspended or being charged with a criminal charge.

Take a moment to assess the situation, and do not panic. Be aware of the traffic situation, and any other potential dangers, such as fire.

After the auto accident, immediately take pictures!  This is the best evidence later on as to car positions and traffic and weather conditions.  You should next document the accident with photo; video or even sketch it out. Make sure to document your car, the other cars and the road/intersection.

You should stay as close to the accident as safely possible, without obstructing traffic. You should do your best to provide immediate assistance to other motorists, passengers or pedestrians that may have been injured in the accident. Take extra care when attempting to move an injured person; if possible, wait for an ambulance to arrive. Notify 911 to report any injuries and call for medical assistance. If the accident did not result in any injuries, inform the local Florida police.

If you have been injured in a car accident, it is important to stay calm. If possible, ensure that you are out of danger and not blocking any oncoming traffic. Call or wait for help, and do not attempt to move if you are unable to do so.

Once you have done this you need to move your cars out of the roadway if possible it’s the law. While wait for the police to arrive. You will need to have the following: Driver’s license, registration card, and insurance.  You will need to exchange with the other driver involved in the accident:

1 Name, address and contact information

  1. Driver’s License number
  2. License plate number and Vehicle involved.
  3. Auto Insurance information.

A law enforcement officer will complete a written report if the crash involves a charge of DUI or results in death, injury, or property damage to the extent a vehicle must be towed.

If the crash results in vehicle or property damage and does not require a law enforcement report, you must make a written report of the crash to DHSMV within 10 days. This can be done at: www.flhsmv.gov

If you are in a crash with an unattended vehicle or other property, you must make every attempt to locate the owner and notify law enforcement. If you can’t locate the property owner, you must leave a note including your name, contact information, and license plate (registration) number.

You should seek out medical services for any injuries that you have sustained in the accident. There is a limited amount of time to claim for an injury caused in a car accident. Some car accident injuries may resolve within a matter of days without any medical treatment at all. More serious injuries might become permanent and result in some level of physical disability.  What type of injury you sustained depends on what type of doctor you should go to.

The type and severity of injuries suffered by drivers and passengers involved in a car accident depend on factors that include:

  • Was it a low-speed collision of a high speed crash?
  • Was the person wearing a seat belt?
  • Did the car have air bags?
  • Did the car get hit form he from, rear or side?

Was the occupant facing straight ahead in the seat or was the person head or body turned in a certain direction.

You should also seek the services of a Tampa Injury Attorney to assist you. The processed of working your way thought your insurance can be confusing and highly frustrating. Not knowing how to navigate your insurance policy, talking to adjusters who do not have your best interest in hand, determining which doctors will assist you, and how to obtain the true value of your injuries are just some of things that can exasperate people injured in a car accident.  To make it worse, someone else put you in this situation.

When searching for a personal injury attorney, it is important that you do your research. You can learn a lot about a lawyer though online reviews and personal recommendations. You may want to interview a potential personal injury attorney to find the one that will fight for your rights. Consider asking the Tampa Injury Lawyer questions about:

The process

Experience and track record.

  • How any cases do you have and how many have you won?
  • Attorney fees and costs.
  • Understanding what the attorney fee structure is beforehand.

Some other helpful information

 Reporting a Car Accident in Tampa, Florida

If you’re a driver involved in a car accident in Florida, and the crash resulted in injury or death, and/or vehicle damage or damage to any other property in an apparent amount of at least $500, you must report the accident to the local police department, if the accident occurred within a municipality. If the accident did not occur within a municipality, you must report the accident to the office of the county sheriff or to the nearest office or station of the Florida Highway Patrol. These rules can be found at Florida Statutes § 316.065.

Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

What if I am in a Car Accident Without Insurance in Florida? - Personal Injury Lawyer | Tampa Car Accident Attorney

What if I am in a Car Accident Without Insurance in Florida? – Personal Injury Lawyer | Tampa Car Accident Attorney

By: Tampa Injury Attorney, Martin J. Hernandez, Esq

Car insurance is “required” in the state of Florida and there is a misconception that “full coverage” is all you need.  Wrong.  “Full coverage” is the bare minimum required to get a driver’s license and purchase a car.  It protects the other person’s car if you were at fault and the first $10,000 for your medical bills regardless of who is at fault under your Personal Injury Protection (PIP) benefits.

But what about if you were not at fault and you have more than $10,000 in medical bills?  Who pays then?  How can you protect yourself and your family?

In 2011, the Insurance Research Council found that almost 14% of drivers in the United States do not have insurance coverage, which means that the likelihood of being in a car accident without insurance held by both parties is much higher.   This number is higher in Florida, especially in Tampa and Miami.

If you do have car insurance, there are six basic aspects that are covered in the policy. It is important to first understand these before you can understand what happens if you are uninsured.

Car Accident Lawyer in Tampa, Florida.

What does car insurance cover?

Bodily injury liability coverage pays for the injuries that are caused to the driver and the passengers during the accident that is not at fault.

Property damage liability: This covers the repairs to the other vehicles involved, as well as buildings, fences, etc., to the person not at fault.

Collision insurance covers the damage that is caused to your vehicle and property regardless of who is at fault.

Personal injury protection (also known as Florida “No-Fault”) is the cover that pays out for the injuries and lost wages that you, your resident relatives and the passengers in your car sustained.

Comprehensive cover is there for when the damage to your vehicle is caused by incidents other than accidents. These incidents include vandalism and natural disasters.

The last coverage, but perhaps the most important coverage, is the coverage for the uninsured and underinsured motorist coverage. This covers costs and damages that are caused by a person who does not have insurance (i.e., hit-and-run driver, an unlisted driver, a driver without insurance or a driver) who does not possess enough insurance coverage.

Underinsured, or more commonly known in Florida as Uninsured, Motorist coverage is the typically the cheapest coverage to buy “dollar for dollar.”  Yet, it is perhaps the most important because it follows you wherever you go, wherever your family goes and protects any occupants in your car when you are not at fault.  Florida Statute § 627.727 clearly makes this coverage so important that you need to affirmatively sign off on rejecting this coverage.

We highly recommend you protect yourself and your family by buying “Uninsured Motorist” coverage equivalent to you household income.  It’s important!

How important?  Florida Statute § 627.727 (2018) clearly states that in order to reject this coverage, an insured must sign a form that meets the following criteria:

The rejection or selection of lower limits shall be made on a form approved by the office. The form shall fully advise the applicant of the nature of the coverage and shall state that the coverage is equal to bodily injury liability limits unless lower limits are requested or the coverage is rejected. The heading of the form shall be in 12-point bold type and shall state: “You are electing not to purchase certain valuable coverage which protects you and your family or you are purchasing uninsured motorist limits less than your bodily injury liability limits when you sign this form. Please read carefully.” If this form is signed by a named insured, it will be conclusively presumed that there was an informed, knowing rejection of coverage or election of lower limits on behalf of all insureds. The insurer shall notify the named insured at least annually of her or his options as to the coverage required by this section. Such notice shall be part of, and attached to, the notice of premium, shall provide for a means to allow the insured to request such coverage, and shall be given in a manner approved by the office.

Quite often our firm needs to discharge an injured party because the at-fault party does not have bodily injury coverage or even insurance at all.  Moreover, our client’s did not adequately protect themselves by purchasing “Uninsured Motorist” coverage.

Florida is a No-fault state.

Florida is a no-fault auto insurance state. Meaning that if a motor accident happens, each driver’s insurance must pay for the damages regardless of who is at fault, which can be tricky as well as frustrating.

Auto insurance policies cover the basics such as damage and medical bills. If the accident has caused permanent physical damage, injury or disability, then they can pursue a civil lawsuit against you. It is best to seek legal advice immediately.

If you are uninsured and you are in an accident with another vehicle whose driver is also uninsured, then you have a bit of problem.  You cannot get blood from a turnip and you will not be able to force the other person to pay when the other person does not have any money to begin with.  You will then be liable to pay for the damages to your car. Medical expenses, wages lost, and other property damage will also be out of your pocket. Even if you have another form of insurance, it will not be covered because you did not have motor vehicle insurance.

When you have sustained serious injuries or are left permanently disabled, you can file a civil lawsuit against the other driver. The driver who is at fault. With this lawsuit, you will be able to recover, among other expenses, pain and suffering and medical expenses. To determine whether you have a case concerning a car accident without insurance, contact an experienced auto accident lawyer.

To Insure or Not to Insure?

Lastly, if you do not have insurance, you are on your own. The same can be said if you are in a car accident without insurance. The medical bills alone will bankrupt you if you are seriously injured. Lawsuits take a long time to come to a conclusion and reach a verdict. You cannot bargain on getting any form of compensation from a civil suit. Your life can be ruined by not having insurance on your vehicle in an accident. There are multiple policies that offer affordable car insurance on the market. If you do the research, you will be able to find insurance that falls into your budget. The bottom line is that you do not want to be the unfortunate person that is in a car accident without insurance.

Tampa Injury Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

 

Street Racing Injury Lawyer – Tampa, Florida

Street Racing Injury Lawyer – Tampa, Florida

By: Martin J. Hernandez, Esq. (Your Injury Attorney)

Riding motorcycles for sport has been popular for more than 120 years.  Since then motorcycles have become faster, stronger, more popular and more dangerous. Although motorcycle racing has found its way into sports, street racing is still illegal in Florida.

Motorcycle street racing can be defined as two or more motorcycles racing each on a public street or highway. When these two motorcyclists make the decision to race, they are recklessly putting themselves and their fellow motorists in danger.  Under Florida law, street racing is considered a misdemeanor and carries sanctions as tough or tougher than a DUI.  Any injuries or death will upgrade this to a felony.

Street racing, however, is extremely dangerous whether in a car, truck or motorcycle.  Numerous people are injured a year and many others die.  Read below for a full reading of Florida Statute 316.191.

Driving a car or riding a motorcycle is already dangerous, combined with high-speeds and minimal protection the circumstances could be deadly and dangerous for other vehicles in the area. In Florida, there were more than 4,200 motorcycle accidents reported in 2011. Additionally the Florida Department of Transportation reports that 27%  of the collisions in 2011 were related to speeding.

Additionally the National Highway Transportation Safety Administration notes that in 2010, of drivers involved in fatal motorcycle collisions, 24% had previous speeding convictions on their record.

If you or a loved one has been injured in a motorcycle accident or car accident caused by reckless driver or a driver that has been racing, a contact a Tampa Injury attorney., the victim may be entitled to compensation for property damage, medical bills, lost wages, and more.

Fill out the ‘FREE CASE REVIEW’ form to your right for a 100% FREE case evaluation – your information will remain completely confidential.

Street Racing Laws in Florida

There are a number of motorcycle and racing laws in Florida, including Florida Statute § 316.191 breaks down unlawful racing on streets and highways.

According to the statute:

  • No person may operate a motor vehicle on a street or highway illegally in a pre-arranged speed condition.
  • It is unlawful for a person to operate motor vehicle on a street or highway in a speed competition.
  • It is unlawful for a person to allow another individual to unlawfully operate their motor vehicle in a pre-arranged speed competition, or to place a wager on the outcome of said competition.

Failing to comply with the Florida street racing laws can result in being charged with a misdemeanor, as well as having the vehicle impounded and auctioned. The owner of the vehicle also risks having their license suspended or revoked and being charged hundreds of dollars in fees.

Motorcycle Street Racing Injuries

There are many dangers involved in motorcycle street racing. The speed at which these vehicles are traveling, the crowds, and other vehicles are all hazards to other motorists. If a race is not pre-arranged, street racers and motorcyclists could be putting many motorists in danger due to their need to race.

Some common injuries caused by street racing accidents include:

  • Broken Bones
  • Road Rash
  • Biker’s Arm
  • Lacerations
  • Dislocations
  • Head Trauma

Many times the motorcyclists will be seriously injured, however, pedestrians and other motorists can be injured or killed during a collision as a motorcycle can spin out from under the driver. The velocity at which these bikes are travelling can also impact how intensely they will collide with another vehicle.

Racing on the Highways in Florida

The 2018 Florida Statutes

(1) As used in this section, the term:

(a) “Conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.

(b) “Drag race” means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.

(c) “Race” means the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and the acceptance or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of the circumstances, can reasonably be interpreted as a challenge to race.

(d) “Spectator” means any person who is knowingly present at and views a drag race, when such presence is the result of an affirmative choice to attend or participate in the race. For purposes of determining whether or not an individual is a spectator, finders of fact shall consider the relationship between the racer and the individual, evidence of gambling or betting on the outcome of the race, and any other factor that would tend to show knowing attendance or participation.

(2) A person may not:

(a) Drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway, or parking lot;

(b) In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition;

(c) Knowingly ride as a passenger in any such race, competition, contest, test, or exhibition; or

(d) Purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test, or exhibition.

(3)(a) Any person who violates subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates subsection (2) shall pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271.

(b) Any person who commits a second violation of subsection (2) within 5 years after the date of a prior violation that resulted in a conviction for a violation of subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $1,000 and not more than $3,000. The department shall also revoke the driver license of that person for 2 years. A hearing may be requested pursuant to s. 322.271.

(c) Any person who commits a third or subsequent violation of subsection (2) within 5 years after the date of a prior violation that resulted in a conviction for a violation of subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $2,000 and not more than $5,000. The department shall also revoke the driver license of that person for 4 years. A hearing may be requested pursuant to s. 322.271.

(d) In any case charging a violation of subsection (2), the court shall be provided a copy of the driving record of the person charged and may obtain any records from any other source to determine if one or more prior convictions of the person for a violation of subsection (2) have occurred within 5 years prior to the charged offense.

(4)(a) A person may not be a spectator at any drag race prohibited under subsection (2).

(b) A person who violates paragraph (a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

(5) Whenever a law enforcement officer determines that a person was engaged in a drag race or race, as described in subsection (1), the officer may immediately arrest and take such person into custody. The court may enter an order of impoundment or immobilization as a condition of incarceration or probation. Within 7 business days after the date the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of the motor vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the motor vehicle.

(a) Notwithstanding any provision of law to the contrary, the impounding agency shall release a motor vehicle under the conditions provided in s. 316.193(6)(e), (f), (g), and (h), if the owner or agent presents a valid driver license at the time of pickup of the motor vehicle.

(b) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the motor vehicle or, if the motor vehicle is leased or rented, by the person leasing or renting the motor vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply.

(c) Any motor vehicle used in violation of subsection (2) may be impounded for a period of 30 business days if a law enforcement officer has arrested and taken a person into custody pursuant to this subsection and the person being arrested is the registered owner or coowner of the motor vehicle. If the arresting officer finds that the criteria of this paragraph are met, the officer may immediately impound the motor vehicle. The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment for violation of this subsection in accordance with procedures established by the department. Paragraphs (a) and (b) shall be applicable to such impoundment.

(6) Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act. This subsection shall only be applicable if the owner of the motor vehicle is the person charged with violating subsection (2).

(7) This section does not apply to licensed or duly authorized racetracks, drag strips, or other designated areas set aside by proper authorities for such purposes.

 Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

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