Slip and Fall Accident Risk Factors

The term slip and fall accident sounds fairly mild. After all, many of us stumble or trip on things in our everyday lives and end up with bumps and bruises but emerge from the experience no worse for wear.

However, slip and fall accidents do have the potential to cause severe injuries. People can end up injuring themselves in ways that can result in them missing out on potential income, losing money to expensive treatment, or developing a disability that affects career prospects.

These slip and fall accidents have a way of occurring when people least expect them and often at the most inconvenient of times. The causes of slip and fall accidents are many and are often the result of a liable party’s negligence.

Slip and Fall Accident Injury Claims

Those that have been injured in a slip and fall accident can suffer severe injuries like a spinal injury or traumatic brain injury.

The damages that come as a consequence of these injuries deserve to be compensated in the event that the accident was caused by a liable party’s negligence. S

lip and fall accident victims can take legal action against those responsible for their injuries with a slip and fall accident claim.

By proving that the injuries they received were caused by an accident that occurred because of a liable party’s negligence, a plaintiff can make their case for their entitlement to the compensation they need to cover the damages they suffered.

Proving negligence in a slip and fall accident claim is no simple matter and negotiating a fair settlement takes experience and skill.

Don’t hesitate to contact the experienced attorneys of Eberst Law. Our lawyers can fight on your behalf for your right to compensation and make sure you are not taken advantage of by the insurance company.

You can contact Eberst Law online through a contact form or call our office at 772-225-4900

The Most Common Causes of Slip and Fall Accidents

Poor Conditions of a Walking Surface

Naturally, the surface that we walk on is one of the most obvious things that may contribute to someone tripping and falling. When walking, people expect reasonably flat and dry surfaces with a good amount of traction.

This is a very simple thing to expect of a property owner yet many fail to maintain these reasonable walking conditions.

Walking surfaces can be compromised by being wet with water or other liquids or ice. The walking surface can also be uneven due to loose floorboards, rugs, or potholes that can trip people.

Environmental Conditions

The environmental conditions that interact with a floor and consequently, a person’s ability to walk safely, play a part in contributing to slip and fall accidents.

Lighting is an environmental condition that can either make it difficult for people to see obstacles because of lack of light or can cause glare on a floor’s surface that can blind a person.

Things on the floor such as debris, electrical cords, or trash can also lead to people tripping and falling.

Ladders and Stairs

Many slip and fall accidents happen on things such as stairs, ladders, and ramps. The likelihood of a slip and fall accident occurring in areas such as these increases when there is no handrail available for people to use.

Having things like ladders improperly secured can cause collapses and wobbling that can lead to dangerous falls.

Liability for Slip and Fall Accidents

When one of the aforementioned things leads a person to slip and fall, the question of who is liable becomes a primary concern.

Most slip and fall accidents fall within the premises liability category of personal injury law where the owner of a property failed to provide safe conditions for an invitee or licensee on their property.

The property owner can range from a business like a grocery store or office to the owner of a rental property they are leasing.

However, if you are injured in a slip-and-fall accident at work, your employer’s workers’ compensation insurance will likely cover your damages if your case is successful.

Consider Eberst Law Firm for Your Slip and Fall Accident Claim

If you have been injured in a slip and fall accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case.

Our skilled lawyers will be happy to speak with you about the details of your case and offer some options of what kinds of legal action you can take.

With representation from Eberst Law, you can be assured that you will have an experienced injury lawyer in your corner fighting to ensure you receive the compensation you need.

Slip and fall accidents can often turn out to be much more complex than many would anticipate. Sometimes there may be more than one liable party or perhaps a pre-existing condition may complicate matters.

Regardless, it is within a plaintiff’s best interest to speak to the experienced attorneys of Eberst Law about how we can help you secure the settlement that you deserve.

To schedule a consultation with Eberst Law you can either contact us online or call our office at 772-225-4900.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994

772-225-4900

Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601

352-269-0017

Most of the time, when a car collides with a bicycle, it’s the motorist’s fault, not the cyclist’s. The unfortunate fact is that many cyclists are struck and severely injured every year due to negligent drivers. Tragically, far too many innocent cyclists are killed in these kinds of accidents.

If you or a loved one has suffered injuries or been killed as the result of the negligent actions of a vehicle driver, The Eberst Law Firm may be able to help you obtain compensation. Please give us a call at 888-CALL-JON or contact us online for a free review of your case.

While there are many different reasons cars hit bicycles, a lot of accidents occur for eight specific reasons. Here is a brief look at each.

Common Bicycle Accident Causes

1. Speeding

A lot of drivers feel that bicyclists are nuisances, and will do whatever they can to get around them whenever possible. In many instances, this means a motorist will try to speed up to get around a cyclist. By trying to shave a couple of minutes off of a trip, a driver chooses to put a bike rider in severe jeopardy. Speeding bicycle accidents often result in catastrophic injuries because the driver did not have enough time to lessen their speed and reduce the force of impact.

2. Distracted Driving

It seems none of us can escape technology – even when we’re behind the wheel of a car. Drivers will routinely fiddle with the radio knob or some other type of gadget, or will text or talk using their smartphones. Some will even go so far as to read social media posts or emails while driving. Obviously, that can put bicyclists at risk.

But phones and gadgets aren’t the only culprits when it comes to causing distracted driving. Anything that takes a driver’s eyes off of the road – even for just a few seconds – can lead to disaster. It’s also a prime example of negligent behavior.

3. Door Opening

This is another common reason bicyclists are seriously hurt in collisions with four-wheel vehicles. Far too often, drivers will open their car door when parked on a busy street without even thinking about their surroundings. When this happens, a bike rider may not have enough time to change their path, and will strike the door as a result. Motorists who fail to check their mirrors before opening a car door may be held negligent if they injure a cyclist.

4. Failing to Yield

There are many scenarios where the driver of a car must yield to all other vehicles – including bicycles. These include some intersections as well as roundabouts and in other situations. If they fail to do so, they could be held liable if they strike a bicyclist and cause an injury – or worse.

5. Poor Weather

It can be hard enough to see a bicyclist on a perfectly clear day – it can be virtually impossible in a blinding Florida rainstorm. But that’s no excuse. Motorists are responsible for taking as many precautions as they can when driving in inclement weather. This means slowing down and being even more aware of others on the road.

6. Bad Bicycle Infrastructure

Roads in Florida – and much of the rest of the southern U.S., for that matter – were designed for motorists, not with bicyclists or pedestrians in mind. Lanes are wide, speed limits are high, and there are very few accommodations for anything other than vehicles traveling on four wheels.

This, of course, can make it incredibly difficult for a bicycle rider to be able to safely navigate a street or a highway. There are instances where poor road design can play a role in a collision between a car and a bicycle. If this was the case in your accident, there’s a chance you may be able to file a lawsuit against the governmental agency responsible for maintaining that road.

However, this is an extremely complex area of the law, and will require the help of an experienced attorney in order for you to have the best possible chance of obtaining compensation.

7. Running Stop Signs or Lights

This is arguably one of the most avoidable causes of a collision between a car and a bicycle – and also one of the most deadly. When a car runs a red light or a stop sign, it is usually doing so at a high rate of speed. Even though there are stiff deterrents to stop this kind of behavior (a ticket for running a red light in Florida costs between $150-$200), this kind of accident still occurs far too often.

8. Drunk Driving

A drunk driver is a menace to bicyclists and everyone else on the road. Actually, bicyclists may be in more danger than others, because bikes can be difficult for motorists to see, even when they’re sober.

Contact a Bicycle Accident Attorney ASAP After Your Accident

A bicycle accident lawsuit is much like any other kind of personal injury lawsuit in that the victim, or plaintiff, has to prove their case. You need strong evidence in order to have any chance of prevailing in your litigation. In general, you’ll have to satisfy each of the four elements of a personal injury case:

You’ll need an attorney who knows how to gather the evidence you need and who will passionately fight to make sure your rights are protected at every turn. You’ll get exactly that type of representation from the attorneys with The Eberst Law Firm. We’ve worked on behalf of bicyclists who suffered severe harm due to the negligence of drivers. And we can do the same for you.

Please get in touch with us as soon as you can for a free case review. You’ll learn how we may be able to help you obtain the compensation you deserve. You can give The Eberst Law Firm a call at 888-CALL-JON. Or you can get in touch by using our online form.

Injured by a slip and fall at a rental property? When is the landlord responsible?

When it comes to slip and fall accidents, the truth of the matter is that they can occur anywhere and to anyone. They most commonly occur in grocery stores, restaurants, and other privately owned businesses. However, a slip and fall accident can occur on your rental property as well. In certain circumstances, you may have grounds to sue your landlord or the owner of the property if their negligence caused your injuries.

Each year falls account for over eight million emergency room visits, making them the leading cause of visits at 21.3%. Falls can be from heights, or because of a slip. For example, a fall in an apartment complex could occur because of a broken or loose stair.

Can a Landlord Be Negligent for a Slip and Fall Injury?

In short, yes. There are many ways that a landlord can be negligent. As a result of their negligence, accidents can occur. If those accidents lead to injury, they could be liable in a slip-and-fall accident claim.

Dangerous Conditions

It’s a landlord’s job to ensure that the living space is habitable and reasonably free of dangers. They must keep all common areas maintained. This means maintaining them before an accident happens or a request is filed for maintenance.

Knowledge of Potential Dangers

If the landlord knows any potential dangers on the premises, they must alert the tenants prior to the tenants move in date. Examples of this include the presence of mold, lead paint, and other dangerous chemicals. They must also alert the tenant about any hazards, like loose floorboards, leaks, or broken stairs. However, they must also be in the process of fixing these hazards. The longer a landlord allows a hazard to go unfixed, the more liable they’ll appear in court.

Foreseeable Accidents

Landlords are only liable if the accident was foreseeable. For example, if a stair in a specific hallway was broken, it could cause an accident. A landlord, in this case, should redirect their tenants to use a different staircase or elevator while repairs are being done. In the case that an accident occurs because of something that couldn’t be foreseen, it’s unlikely that the landlord would be liable for the accident.

Failure to Prevent Accidents

If a landlord fails to take reasonable steps to prevent accidents from occurring, they could be liable if an accident were to occur. Landlords owe a certain level of duty of care to their tenants, meaning they are required to keep them safe from hazards and dangers at a reasonable level. If a landlord doesn’t take reasonable action to prevent accidents from happening, they could be liable for any injuries that are caused as a result of the accident.

Common Hazards on Rental Properties

Hazards on rental properties can cause physical harm (such as traumatic brain injury from a slip and fall accident) and also cause harm to one’s health (like mold or lead poisoning). Common hazards on rental properties that cause slip and falls include:

Other health hazards on rental properties include:

When a Landlord Doesn’t Provide You with a Habitable Home

One of the main requirements of a landlord is that they’re required to provide you with a livable home. If they do not maintain the livable status of your apartment while you’re living there, you may be able to terminate your lease due to a break on their side. If an accident occurs, you may also be able to file a lawsuit against them for their negligence in the matter.

What to do After a Slip and Fall Accident

After an accident occurs in your home (or in the common areas of the rental property), you should first seek emergency medical treatment if you need it. If you don’t require emergency medical treatment, you should report the accident. Call your landlord or the property rental company and alert them immediately of the accident that occurred. Take pictures of the scene before they arrive and have a chance to correct the issue.

If anyone witnessed the accident, speak to them and exchange information. Don’t give a statement to anyone, even your landlord or rental property management team. You should however, record a statement for yourself so you can remember the exact details of what happened later on down the road.

You should then seek medical attention and call an attorney. If you don’t believe that you’re injured you should still seek out medical attention. Some injuries are often masked by adrenaline caused by the accident.

Types of Compensation

For your injuries, you can receive different types of compensation. For slip and fall accidents you can claim both economic and non-economic damages. Economic damages include medical bills (for ambulance rides, surgery costs, physical therapy, and other treatment) and lost wages.

Non-economic damages include compensation for pain and suffering, loss of earning capacity, loss of consortium, and permanent disability or disfigurement. In general, the more severe your injury was (such as a traumatic brain injury or spinal cord injury) the more compensation you’ll receive. Non-economic damages are calculated based on how much your quality of life has changed since the accident. If you can no longer walk or perform tasks you used to, you’re more likely to receive more compensation than someone who has injuries they’ll recover from.

Contact a Florida Slip and Fall Attorney

If you or someone you love has been injured in a slip and fall accident inside your rental unit (or the common areas) please contact one of our experienced attorneys here at The Eberst Law Firm. We’re ready to take on your case and help you get the compensation and justice that you deserve. For more information, please contact us online using our chat box option or at 772-225-4900.

Summary


Florida is a beautiful state, one with a climate that makes it easy to get outside and take a leisurely walk. Unfortunately, our state is also incredibly dangerous when it comes to doing just that. Florida is, in fact, the most dangerous state for pedestrians.

There are a lot of factors that can contribute to a pedestrian accident. A distracted driver might be too busy talking or texting on their smartphone to realize someone has walked into their path, for example.

No matter what the cause of your pedestrian accident, the attorneys with The Eberst Law Firm will be ready to help you hold those responsible for your suffering accountable. We’ll do everything we can to help obtain the compensation you deserve so that you can recover the damages you’ve incurred.

If you would like to schedule a free consultation, please contact us online or call 1-888-CALL-JON.

How Does Florida Compare to the Rest of the United States for Pedestrian Accident Injuries and Fatalities?

Not well, to say the least. According to the Governors Highway Safety Association, 7,508 people lost their lives in pedestrian accidents across the US in 2022. This is the highest number since 1981. Florida accounted for 3.7 pedestrian deaths per 100,000 population, the third-highest number in the country for pedestrian fatalities.

Researchers from Smart Growth America (SGA) found that an astounding 3,420 people died in pedestrian accidents in Florida between 2016 and 2020. According to SGA, Florida is the second-most dangerous state in the country for pedestrians, behind only New Mexico.

Florida is the Most Dangerous State for Pedestrians

It’s not a stretch to say that Florida is actually the most dangerous state in the U.S. to take a walk. The National Highway Traffic Safety Administration reported that 713 pedestrians died in Florida in 2019 – the most in the state in the previous 10 years.

Researchers from Smart Growth America (SGA) found that an astounding 5,893 people were killed in pedestrian accidents between 2000-2019. Due to these numbers, SGA gave Florida a rating of 201.4 on its pedestrian danger index. Alabama was a distant second, with a rating of 174.6.

What Types of Injuries Occur as a Result of Pedestrian Accidents?

The types of injuries that can result when a vehicle hits a pedestrian can obviously be devastating. These are just a few of the more common ones that occur.

Where Do Most Pedestrian Accidents Occur in Florida?

According to the SGA report, seven of the 20 most dangerous metropolitan areas for pedestrians are in Florida. These include the following:

When Do Most Florida Pedestrian Accidents Occur?

One of the most important factors that determine how pedestrian accidents occur is the time of day. Fatalities will typically occur at night on local roads that are away from city lights because motorists simply can’t see someone trying to cross the street.

Researchers at Arizona State University found a distinct difference between the times of day that injuries in pedestrian accidents occur, and the times of day when these accidents are more likely to result in a fatality. According to the researchers, most injuries take place between 6 a.m. and 6 p.m. The hours between 3-6 p.m. are the peak times for injuries.

Pedestrian fatalities, on the other hand, are more likely to happen between 5:30 and 11 p.m. More pedestrian accidents occur on Friday and Saturday, while the fewest occur on Sunday.

The researchers surmised that most accidents take place between 3-6 p.m. because this is typically the time of day when there’s the most traffic, as people are coming home from work. There are several factors that could explain why most pedestrian fatalities happen at night. These include pedestrians and drivers who are drunk, as well as poor visibility.

The Average Age, Sex, and Class of Pedestrians Killed in Florida

According to the SGA report, it appears that older people, as well as those in lower-income neighborhoods, are at the highest risk of being killed. People of color are also at an exceedingly high risk. SGA reported that the number of fatalities among Black pedestrians was 82% higher than Whites from 2010-2019.

Older people – especially those who are 75 years of age or older – are often struck because they have issues either hearing or seeing oncoming vehicles. They’re also unable to move fast enough to potentially get out of harm’s way.

Those in lower-income neighborhoods are at a higher risk because these areas oftentimes don’t have marked crosswalks or sidewalks. The SGA researchers stated they believe this is the case because many state and local agencies are more interested in blaming pedestrians than they are in addressing the role that roadway design may play in causing these accidents.

Were You Involved in a Pedestrian Accident? Contact The Eberst Law Firm ASAP

If you were hit by a vehicle, or you tragically lost a loved one in this type of accident, you’re going to have a lot of questions. The pedestrian accident attorneys with The Eberst Law Firm will be here to answer them. We will work passionately to help you get the money you deserve.

Please use our online form or call 1-888-CALL-JON for a free case review.


Frequently Asked Questions

How do I find the best pedestrian accident lawyer to represent me?

Here are a few pieces of advice on choosing a personal injury attorney after a Florida pedestrian accident:

If they keep brushing you off or can’t answer basic questions about how pedestrian accident claims work in Florida, take it as a sign to keep exploring your options.

Why aren’t roads designed to be more pedestrian-friendly?

The SAG researchers say many local transportation agencies are more focused on speed (or reducing delays for motorists) than safety. Pedestrians are the ones who pay the price.

Where do most pedestrian accidents happen?

National Safety Council data indicates that over 75% of pedestrian accidents occur at non-intersection locations. Likely this is because drivers aren’t primed to expect pedestrians in their path.

Mental Trauma Caused by Severe Accidents

When people think of severe injuries that are suffered as a result of an accident they will typically think of the more typical injuries of a more physical nature.

Injuries such as broken bones and traumatic brain injuries are very common when people are involved in serious accidents. Many people can also suffer from immense mental trauma as a result of their involvement in a severe accident.

Although mental and emotional trauma from car accidents or other incidents may not be as tangible as injuries to the body itself, they still can cause a great deal of damage and interfere with someone’s life. It is because of this that they should also be considered worthy of receiving compensation.

Common Mental or Emotional Issues That Can Follow an Accident

Post Traumatic Stress Disorder (PTSD): When suffers a significant trauma in their life, there is a significant chance that they can develop post-traumatic stress disorder. This mental condition is the result of a person being unable to properly process and recover from a significantly traumatic event that they were involved in. People with PTSD commonly have issues returning to their normal lives and suffer from severe symptoms that interfere with their job and lives in general. Common symptoms include flashbacks, mood swings, avoidance of things that remind a persona of the trauma, persistent fear, and emotional distance from loved ones to name a few.

Sleep Disorders: People can develop issues when it comes to their sleep patterns after suffering severe trauma. They could either have problems when it comes to getting enough sleep because of insomnia or they could end up having issues with night terrors.

Anxiety: Some people can develop anxiety after an accident. Things that remind a person of whatever trauma they suffered can trigger an anxiety attack and render them indisposed. People can also suffer from general anxiety that affects their behavior.

Depression: After an accident, depression can develop because of a number of things. Some people may suffer permanent injuries or disfigurements that impair them and alter their life drastically. Other times, an accident can injure or kill a loved one which can shake a person to their core.

Suicidal Thoughts: Along with depression, suicidal tendencies can be found among people that suffer severe trauma. A person may become so emotionally and mentally compromised that they may think their only option is to take their own life. This can be because of a terrible loss of life in an accident that traumatizes them or they may not be able to cope after suffering severe life-changing injuries.

What Kinds of Accidents Cause Mental and Emotional Trauma

Any accident of sufficient severity has the potential to cause mental and emotional trauma. However, there are a few types of accidents that are much more likely to cause mental issues than others. These types of accidents include:

Damages Caused by Severe Mental and Emotional Trauma

PTSD itself is a concept that is intangible but its effects are very much real and physical. People suffering from this kind of mental disorder and other similar mental issues because of an accident can suffer from very real consequences. The medical expenses required to help deal with these issues are typically not small and can severely impact a person’s financial stability. They may need to pay for therapy, medication, and other related medical expenses to help overcome their trauma. There is also how these issues affect a person’s job and their ability to work. They could potentially miss out on wages or even be unable to work the same job as before the accident.

Consider Eberst Law as Your Personal Injury Attorney

Injury to your mental or emotional health should be taken just as seriously as physical damage to your body. If you have been involved in an accident and are now struggling with a mental condition as a result, then you may be able to seek compensation for damages you have suffered by filing a personal injury claim. Consider contacting Eberst Law about what our lawyers can do for you when it comes to seeking compensation for injuries suffered because of an accident caused by negligence.

The lawyers of Eberst Law specialize in a variety of personal injury claim types and can provide you with the expertise that you need to ensure that your claim stands the best chance possible at securing a settlement you can be satisfied with. To contact Eberst Law you can either call our office at 772-225-4900 or contact us online.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994

772-225-4900

Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601

352-269-0017

After you’re involved in a car accident, you may have many thoughts running through your mind. It’s normal to be stressed, anxious, or unsure of what to do after such a devastating occurrence.

Many may suggest hiring a personal injury lawyer to help with your case. But how are you supposed to know when you should hire one and when you shouldn’t?

In general, an experienced car accident attorney can help you get the most compensation possible for your auto accident claim. However, in a few circumstances, you may not need one.

Use this guide to help you determine whether or not you should hire an auto accident attorney for your car accident claim.

You Should Hire an Experienced Car Accident Attorney If…

In many circumstances, hiring a personal injury lawyer will always benefit you. For example, they will negotiate a higher settlement offer on your behalf. But you won’t have to worry about speaking with insurance companies. As a result, you can instead focus fully on recovering from your injuries.

You Have to Negotiate with the Insurance Company

If you need to negotiate with an insurance company, you’ll be much better off leaving it in the hands of experienced attorneys. Our attorneys here at The Eberst Law Firm have years of experience negotiating with insurance companies on our client’s behalf.

Insurance companies handle many car accident claims every day. And they’re very good at dismissing a personal injury claim and paying less than what they’re worth. They’ll always work the system in their favor, leaving you with the short end of the stick.

To ensure that you get the compensation that you deserve, you should take a look at how to find a car accident lawyer and involve them as soon as possible.

Your Injuries are Severe or Expensive

Injuries associated with car accidents can be expensive, increasing in cost the more severe they are. While some people may only have minor injuries as a result of the accident, other people aren’t as lucky.

Severe injuries like traumatic brain injury or spinal cord injuries may result in tens of thousands to hundreds of thousands of dollars in medical debt, depending on how long treatment is required. In some serious cases, treatment is lifelong.

If you have injuries that are severe or expensive (likely both), hiring an experienced car accident attorney is essential. Insurance companies will always try to pay you less. Without a good attorney, you won’t have much luck arguing your case on your own.

You’re Not at Fault

When another party is at fault for the accident, you’ll have to deal with their insurance company on top of your own. Your attorney will deal with both insurance companies and investigate the accident to determine how the at-fault party caused the accident. If you’re injured because of someone else’s negligence, hiring an attorney is the best way to ensure that you get the most compensation and justice for the accident.

You May Not Need a Car Accident Attorney If…

In certain cases, hiring an experienced car accident attorney after a car accident is unnecessary. More often than not, if you have damages of any kind, you’ll want to hire a personal injury lawyer to ensure that you get the most money possible.

For some injury victims, they won’t happen to have high damages to worry about. In this case, you may be able to avoid hiring an attorney. Instead, work one-on-one with your insurance company.

You Aren’t Injured

If you weren’t injured in the accident, it’s unlikely that you’ll have high damages. If you don’t have any damages, there isn’t really anything for you to file a lawsuit over.

Unless there’s damage to your vehicle that your own insurance plan won’t cover, you likely won’t need an attorney if you weren’t injured in your accident.

You Don’t Have High Damages

You won’t need an attorney by your side if there aren’t high damages associated with your case because of:

Lawsuits are filed to help people get the compensation that they deserve for their damages. If there are little to no damages, you likely won’t need to file a lawsuit. Consequently, the money that you get from the insurance company will be sufficient.

How Do You Benefit From Hiring an Experienced Car Accident Attorney?

Each year, there are 33,244 fatalities because of car accidents. Additionally, there are over two million accidents that result in serious or life-changing accidents. A lot of these people don’t get the compensation that they deserve. However, by hiring a personal injury lawyer, you can be certain that your case will be taken care of.

Your personal injury attorneys will:

Schedule a Free Case Evaluation at The Eberst Law Firm

If you or someone you love has been injured in a motor vehicle accident in Florida, please contact our talented team of attorneys. We are experts in personal injury law who advocate fiercely for our clients. To schedule a free case evaluation or receive more information, contact us online or at 772-225-4900.

The Personal Injury Claim Process in Florida

Accidents happen. A common phrase we are all familiar with yet the gravity of what it means eludes us until that accident does eventually occur and we are stuck with severe injuries as a result. Dangerous accidents can occur in a myriad of settings in a number of ways. From the common car accidents on the job. We all are at risk in some way or another. Many of these accidents may be the result of a party who had some idea of a present risk that could lead to the accident but failed to take measures to address the issue. This makes them negligent and possibly liable for your injuries. If this is the case with you then you may be able to seek compensation for the injuries that you suffered with a personal injury claim.

What is a Personal Injury Claim?

A personal injury claim is a form of civil tort where a person is able to hold those whose negligence led to their injuries accountable if they can be considered liable for the claimant’s wellbeing. Personal injury claims allow people to help deal with severe damages that come with accident injuries. Many accident injuries can turn a person’s entire life upside down. Things like expensive medical bills, lost wages, disabilities, and more can wreak havoc on accident victims’ finances despite their injuries not being their fault at all.

Medical Treatment After an Accident

The first and most important part of the personal injury claims process is seeking medical attention for any injuries that you may have sustained as a result of the accident you were in. This may seem like an obvious thing to do immediately following a serious accident but you would be surprised how many people procrastinate when it comes to getting checked over by a physician. Your health should always come first when you are in an accident. Don’t worry about evidence or other things until you are sure your health has been addressed first. Only then can you move on to the next steps of filing a personal injury claim.

Seeking medical is not only important for your personal health but it also affects the claims process. Failing to seek medical attention immediately following an accident can lead to the defendant party making the argument that since you didn’t need immediate medical attention then your injuries must not be so severe. This can reduce your credibility when it comes to claiming damage for severe injuries and your claim’s value can be reduced as a result.

Open up a Claim After the Accident

After you seek medical attention, the next step is to open up a claim with either the insurance of a liable party, your own insurance, or both depending on the type of accident that you were involved in. A personal injury attorney will assist you in this part of the process to ensure everything goes through the proper channels.

Stick to Medical Treatment and Recovery of Your Injury

As you are going through the claims process it is important to stick to the treatment plan that your doctor has prescribed for your injuries. Not only do you want to be sure that you get well as soon as possible but the insurance company you opened the claim with will likely be keeping a close eye to ensure that you are following treatment since they can attack your injury’s credibility if you do otherwise.

Submit a Demand Package

demand package is a collection of all the damages you suffered because of an accident injury, like a collection of medical bills, that is submitted to the insurance company to claim compensation. This is one of the many responsibilities of a personal injury lawyer. They will work with you to assemble a detailed demand package that clearly outlines your damages with all the proper documentation.

Settlement of a Personal Injury Claim

Typically, a good lawyer will help you to assemble a demand package that will give the insurance company all the information they need to know that your claim is valid and that you absolutely have a right to compensation from them. Your attorney and the insurance company will come to an agreement as to how much of a settlement you will receive. There may be some degree of compensation but both parties will generally want to come to some compromise rather than get involved in a lengthy trial. Should negotiations break down and the defending party feels that you do not have a valid claim, you may end up having to take matters to trial so that a jury can determine whether or not you deserve compensation.

Consider Eberst Law as Your Personal Injury Attorney

If you or a loved one has been injured and has sustained pain and suffering after the accident, please contact Eberst Law at 772-225-4900 or contact us online. Our lawyers are experienced in handling cases in which clients are experiencing pain and suffering. When you hire The Eberst Law Firm, you are hiring a firm that will negotiate aggressively on your behalf for a settlement that you can feel comfortable with.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994

772-225-4900

Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601

352-269-0017

Burned car close up. Car after the fire, crime of vandalism, riots. Arson car. Accident on the road due to speeding. Explosion. High-quality photo

Summary:

A car crash can be scary enough. When the car catches fire after a crash, that can be downright terrifying. Fire can destroy nerves and cause other types of permanent injuries. In many instances, these injuries require not only excruciating treatment but also grueling physical therapy – and that’s only if a person is lucky enough to survive.

Please don’t allow a negligent driver to escape accountability for causing a car crash that leads to your car catching fire and you having to suffer horribly as a result. The attorneys with The Eberst Law Firm will be here to help ensure you get the money you deserve. We will make sure you’re completely informed through the entire process and that you fully understand what’s going on at all times.

You can get in touch with us for a free consultation by contacting our firm online or calling 1-888-CALL-JON.

The following is a look at some of the more common reasons a fire can start after a car crash.

Leaking Fuel Tanks

This is probably the leading culprit when a car starts to go up in flames after a wreck. Just a small leak is all it takes for a vehicle to be quickly engulfed – as well as anyone inside. Metal can become super-hot, or a tiny spark can suddenly trigger an inferno.

There are times when some sort of manufacturer’s defect can contribute to a fuel leak. For example, the fuel tank may have been designed in a way that a fire would be more likely.

It could have been placed near a bracket or some other type of sharp object in the undercarriage of the vehicle. Or, the fuel lines may have been improperly routed and more prone to leaking as a result.

Electrical System Failures

Any sort of failure in the electrical system can cause a driver to lose control of their car and be involved in a collision as a result. But an electrical problem can also lead to a car crash fire. Sparks from a failed battery can ignite a fluid leak or ignite any gasoline vapors that might be present. Wiring in the doors, under the seats, and under the floor could also fail, resulting in a fire.

Severe Engine Failure

The engine is another obvious location where a fire can start. The usual cause is overheating. While the engine itself isn’t likely to explode, overheating can make coolant, oil, and other fluids rise to dangerously high temperatures, increasing the risk that they will leak onto the exhaust system, the engine bay, or some other incredibly hot surface. If that happens, then it will probably only be a matter of time before a fire starts.

Faulty Batteries

As we mentioned earlier, a battery can sometimes contribute to a fire after a car crash. The battery might not have been correctly designed, increasing the risk of combustible corrosion forming on its terminals.

The wires coming from the battery could have been poorly designed, creating a current overload. This, in turn, can melt the insulation that protects the wires, turning into a fire hazard in the process.

Airbag Explosions

Airbags are supposed to protect drivers and their passengers in the event of a wreck, of course. But when they malfunction, the result can be a fire that leads to a severe, debilitating injury. Many motorists have suffered severe burns due to a malfunctioning airbag.

You might not realize that airbags actually don’t fill with air. They fill with gas when deployed. When a collision occurs, a small device, about the size of an aspirin pill, ignites. The ignition converts the device from a solid to a gas, which only takes a fraction of a second to fill the bag. When this process goes wrong, however, the airbag can catch fire after an impact.

But faulty airbags don’t just cause burns. They can cause other types of extreme damage to the body. Manufacturers have sometimes used very unstable propellants, which exploded suddenly, even when there was no crash. This led to metal fragments racing through the inside of a car, much like the fragments inside a hand grenade.

Mechanical Defects

You learned a little bit already about how certain design defects can contribute to the development of a fire after a collision. There are many types of mechanical defects that can do the same thing.

These include oil pans that leak due to being made of defective materials and engine blocks that corrode too easily, contributing to the leaking of flammable fluids.

Steps to Take if Your Car Catches on Fire

As terrifying as it can be for your vehicle to catch fire, it will be critical for you to stay calm and focused. If you panic, you won’t be able to take the appropriate action to avoid a severe injury. Try to take the following steps.

Potential Liable Parties in Car Fire Cases

As with any personal injury case, a car fire can be complex because several parties could be responsible.

For example, you could possibly sue the manufacturer for a defective part, such as an electrical component or a faulty fuel line. If the part isn’t defective, there could have been a problem with the manufacturing process. The company may have a lack of quality control, leading to flaws.

Or, you may have recently taken your car to a mechanic who failed to fix a damaged fuel line or electrical system. If an investigation shows this to be the case, you could sue the repair shop.

If you suffered an injury and don’t own the car, you could take action against the owner. They may have ignored warning signs like visible leaks or a burning smell.

You must speak with a car accident attorney as soon as you can so they can investigate the accident and determine all potentially liable parties.

What Happens if My Car Catches on Fire, but Someone Else Is at Fault for the Accident?

When a collision takes place due to another driver’s negligence, any design or mechanical defects that exist can become magnified, with terrible consequences. If this happens, the injury victim is going to need to prove they weren’t to blame. This takes solid evidence.

An experienced car accident attorney can help you obtain that evidence, and deliver the proof it will take to make your case as strong as possible – and give you the best possible chance of obtaining full and fair compensation in the process.

Fires Can Cause Severe Injuries. Hire an Attorney that Will Get You the Compensation You Deserve

The attorneys with The Eberst Law Firm have that experience, and we also have the skills needed to help our clients achieve positive results.

Our team of experts has established a long track record of success, mainly because we provide tenacious representation. We will work incredibly hard to make sure our client’s rights are protected at all times.

Incredibly, however, there are some people who actually think they don’t need to hire an attorney. They’re certain they can represent themselves and still get the money they deserve. Please don’t make this mistake. Self-represented injury victims fail the vast majority of the time – and wind up getting no compensation at all.

Let The Eberst Law Firm show you what we may be able to do for you. Schedule a free case review by calling 1-888-CALL-JON or contacting us online.

Frequently Asked Questions

Can regular maintenance reduce the risk of a car catching fire post-crash?

Checking for fuel leaks, electrical issues, and worn-out components can significantly reduce the risk of a vehicle fire. Take your car to a qualified mechanic so they can address any potential problems before they escalate.

What are the common injuries associated with car fires in accidents?

Common injuries from car fires not only include severe burns but also smoke inhalation. Some people suffer severe injuries when trying to leave the vehicle.

How do I claim insurance for a vehicle fire after a crash?

You must immediately report the incident to your insurer, providing all relevant details and documentation. Take photos of the burned vehicle and any other property damage. Also, keep all medical bills and other paperwork related to the accident. Speak with an experienced attorney if you encounter any difficulties or disputes in the claims process.

Illness doesn’t just pose a threat to public health. It can also be a matter of road risk.

Operating a motor vehicle requires your full attention at all times. Many crashes occur because of distracted driving. So, is driving while sick considered distracted driving? Depending on the illness, being sick can lower your reaction times and cause issues behind the wheel.

Many cold medicines cause drowsiness, and while driving yourself to work or to the doctor seems like the best idea, it could end in a car accident if you’re not careful. In some places, you may even get fined for driving while ill.

Sickness and Distraction

Driving while sick is distracted driving, no matter how you look at it. Any occurrence that requires you to take your eyes off the road can be categorized as distracted driving. Blowing your nose or dealing with cold symptoms can be just as distracting. When you sneeze, you close your eyes and may even lose control of your vehicle. If you’re really sick, you could sneeze multiple times within a short distance, making for a dangerous drive. Not only does driving while sick put you at risk for an accident, but it also puts pedestriansbicyclists, and other drivers on the road at risk of injury.

The Effects of Cold Medicine

There are a variety of different cold medicines that have different side effects. If you’re taking cold medicine, make sure you’re aware of the related side effects before you get behind the wheel of a car.

Sudafed, a popular cold relief medication, carries symptoms such as nervousness, restlessness, dizziness, anxiety, and in some cases, very fast heart rate, trouble breathing, or even hallucinations. In serious cases, Sudafed can cause psychosis and intense heart problems.

This is just one type of cold medicine, but many different medications have similar side effects. Driving on these medications can be dangerous, especially if you were to develop a more serious condition, like psychosis or hallucinations.

Illnesses to Avoid Driving With

There are many medical conditions that affect driving, including a cold or the flu. Other conditions can also affect driving, like cataracts or macular degeneration. If you’re struggling with any type of vision loss, you’ll want to receive an okay from your doctor before you return to the road.

With disorders that cause recurring problems, like cataracts or epilepsy, it’s important to have a plan if you continue to drive. Epilepsy can range in severity from person to person, so you’ll want to consult with your doctor before making a decision.

When it comes to having a cold or the flu, it can sometimes be hard to decide whether or not you should be driving. If you don’t feel well enough to go to work, it’s likely that you shouldn’t drive yourself to the doctor’s office either. If you’re sneezing, coughing, or blowing your nose frequently, this is also a sign you should probably stay off the road.

Slower Reaction Times

It’s clear that driving with a cold or the flu can impact your ability to drive properly. There are many things that can take your eyes off the road, and if you’re too sick to walk around the house without sneezing repeatedly, you probably shouldn’t be driving either.

While sneezing, coughing, and blowing your nose are great reasons to stay out of the driver’s seat, slower reaction times are an even better reason. This is especially true when the weather is rainy or foggy, which already are driving hazards.

Think back to the last time you were sick. Remember how hard it was to keep your eyes for a long period of time? Remember how sore your body was and how hard it was to pay attention to everything that was going on? Imagine driving like that.

Not only is driving sick considered distracted driving, but it’s also dangerous because your reaction times are much slower when you’re sick. You may not be able to react fast enough to what’s happening around you, and you may ultimately cause a car accident.

Driving While Sick vs. Driving Under the Influence

You could argue that driving while sick isn’t a lot different from driving while impaired. In both situations, a person gets behind the wheel knowing they’re not in the best frame of mind to drive safely. Accidents can occur in both scenarios, and the sick driver may be liable for any injuries or property damage they cause.

What if I’m Too Sick to Drive?

If you’re too sick to drive, you’re in luck because there are many other options out there for you. This includes ridesharing services like Uber and Lyft. If you’re too sick to drive, having a friend or family member might be the best idea.

However, if no one is available, you can always look to ridesharing services. There are also many services that will bring you cold medicine and other things from the grocery store if you need them. There’s really no reason to get in a car and drive around if you’re too sick.

Is Driving While Sick Considered Negligence?

Driving while sick could be considered negligent. You may be able to make a case against someone who has injured you from driving while sick. Driving while sick is considered negligent because the driver actively chooses to get in a car and drive even though they’re aware that they’re sick. If you are injured by a negligent driver, you may be entitled to compensation for your injuries.

Can I File an Insurance Claim if a Sick Driver Caused My Accident?

Yes, you can file an insurance claim. If you’re not at fault, you don’t deserve to bear your medical costs, lost wages due to missing work, or any other accident-related expense. If that claim is to be successful, however, you’ll have to prove the other driver’s fault.

How to Prove that the At-Fault Party’s Health Affected Their Driving Ability

If you’re in an accident caused by a sick driver, proving their illness played a role in causing the wreck is challenging. But if you have the help of a skilled personal injury attorney, you’ll have the best chance of getting the money you deserve.

You’ll need to show a direct link between the at-fault driver’s health condition and their inability to drive safely. Your attorney may have to obtain the other driver’s medical records or bring in a medical expert to explain how the driver’s illness affected their ability to drive safely.

Certain health conditions can impair a person’s cognitive or physical ability. Someone with the flu, for example, might experience weakness or dizziness. As you learned earlier, these issues could impair their ability to focus on the road and affect their reaction time. Establishing this cause-and-effect relationship is critical when pursuing a claim against a sick driver.

An experienced lawyer can perform the nuanced investigation needed to prove the sick driver was at fault. This investigation can establish a compelling case and help you obtain maximum compensation.

Contact an Experienced Car Accident Attorney

If you’ve been injured by a sick driver, contact one of our experienced car accident lawyers for assistance today. We’re happy to look over your case and help you decide the best plan of action. For more information, please contact us online or at 772-225-4900.

Video evidence is both compelling and reliable, as it can’t be questioned. Most often, what you see in video evidence is undeniable. If the at-fault party has previously denied fault or even denied that the accident occurred at all, video evidence can easily prove them wrong.

There are plenty of cameras out there that are constantly recording, meaning that it’s always possible to have your accident captured on tape without you even realizing it. Footage can be deleted, so it’s essential that your attorney contacts anyone in the area who might have had a video of the accident before it’s too late.

Types of Video Footage Commonly Used in Gainesville Personal Injury Cases

Various types of cameras are constantly rolling and may happen to catch your accident, including:

Expert Analysis: Interpreting Video Evidence Effectively

There were nearly 400,000 car accidents in Florida in 2022. More than 800,000 people across the country require hospitalization after a fall. Since it seems cameras are everywhere, there’s a good chance there’s footage of most of these accidents.

Video is one of the most powerful forms of personal injury evidence. It serves as a vital visual record, aiding in establishing the accident timeline, identifying the individuals involved, and reconstructing the accident. But that doesn’t mean a video will automatically win your case, no matter how compelling it may be.

There can sometimes be issues with the video. The quality might not be perfect. The camera may have a limited perspective and not show the entire accident. Weather concerns, such as heavy rain, could interfere with the picture.

Thankfully, several technological tools can overcome many of these issues. These tools include video enhancement software, facial recognition technology, and object-tracking algorithms. But nothing will take the place of human expertise.

Expert witnesses can play a critical role in interpreting video evidence. Trained analysts can understand the context of a video, recognize patterns, and discern essential details an untrained eye might miss. Other crucial aspects of using video evidence include maintaining the chain of custody and ensuring the video is admissible in court.

Challenges and Solutions in Obtaining Video Evidence in Gainesville, Florida

A seasoned personal injury lawyer will have access to experts who can analyze video evidence and make your case its strongest. However, an attorney is even more critical in procuring the video in the first place. Many challenges can arise when trying to obtain video evidence.

You may know a camera captured the accident, but the owner of that camera won’t necessarily give it to you if you ask. You’ll need an attorney to ensure you can get the footage. A lawyer can subpoena the owner to force them to turn over the footage.

In some instances, obtaining video evidence requires the cooperation of several parties. These parties could include private entities, law enforcement, and others. A seasoned lawyer will know how to coordinate the sharing of footage.

What types of personal injury incidents can video evidence help win?

Video surveillance footage can help strengthen any personal injury case, from motor vehicle accidents to slip and falls. When an act of negligence is caught on camera, it’s hard to argue against it.

Motor Vehicle Accidents

In a car, truck, or motorcycle accident, video footage may be able to show the liable party speeding, running a red light, texting, drifting into another lane, or otherwise driving with negligence.

Most commercial trucks have dashcams as they transport thousands of dollars of merchandise around the country. In the case that a truck driver is at fault for the accident, it will likely be caught by the dashcam.

Bicycle and Pedestrian Accidents

If you have a bicycle or pedestrian accident claim, traffic cameras, dash cameras, video surveillance footage, and security cameras can help to prove someone else’s negligence. For example, a driver may claim that they came to a full stop before a crosswalk or stop sign. However, you may be able to prove that they’re lying by looking at camera footage of the accident.

Slips, Trips, and Falls

Slips, trips, and falls most often occur inside of businesses. These could be due to messes that haven’t been cleaned up or in parking lots because of parking lot hazards. In these cases, the footage was likely captured by the company who’s at fault for your injuries.

Video will clearly show how the accident occurred and for what reason. However, this footage must be procured before the company deletes it.

Medical Malpractice

Proving medical malpractice is famously hard. Doctors are seen as trustworthy, so juries are often persuaded to their side simply because they’re doctors. If you’re being mistreated by a doctor, it’s a good idea to record a video. In Florida, your doctor must be aware that you’re recording, so it may be tricky to get good evidence. However, if you’re recording, you’ll be able to catch any suspected negligence or prevent it.

Nursing Home Abuse

Video footage is used similarly in nursing home abuse cases as it is in medical malpractice cases. Nursing homes may have cameras up that could capture evidence, but it’s unlikely. You may want to try recording footage of your family member’s treatment.

Documenting nursing home abuse with solid evidence will almost certainly guarantee that you can get justice for your loved one’s abuse. Letting nursing home attendants know that you’re filming is also a good way to prevent abuse from occurring altogether.

What to do if you’re injured in a personal injury incident?

If you’ve experienced personal injury, there are a few steps you should follow after the accident.

  1. First, you should make sure that everyone involved is okay and doesn’t require emergency medical attention. You should then contact the police to start filing a police report. This really only applies to certain incidents, such as a car accident or other motor vehicle accident.
  2. You should gather information from everyone involved in the accident. For example, drivers, shop owners, doctors, nursing home attendants, and anyone else who may have played a part in causing the accident.
  3. You should take pictures and document as much evidence as you can while still at the accident scene. Look for any cameras or any places that may have cameras and make notes of them.
  4. Once you leave the scene, receive medical attention (except for in the case of medical malpractice). You should seek medical attention even if you don’t believe that you’re injured.
  5. Before you file a claim with your insurance company, you should contact a personal injury attorney to discuss your legal options. Speaking to an attorney first can help prevent damage to your case. Insurance companies will likely try to get you to sign away your ability to file in exchange for a quick and low settlement offer.

Damages in a Personal Injury Case

After your personal injury accident, you could be left with severe and devastating injuries, such as traumatic brain injury or spinal cord injuries. These accidents can leave the victim with high medical bills and a huge change to their quality of life.

You can receive compensation for both economic and non-economic damages. Economic damages include medical bills and lost wages. Non-economic damages cover non-monetary losses like pain and suffering and loss of earning capacity.

Contact a Florida Personal Injury Attorney to Represent Your Injury Claim

If you or someone you love has been injured in a personal injury accident, please contact a personal injury attorney at The Eberst Law Firm for help with your personal injury claim.

Your personal injury claim is important to us. We’ll do everything within our power to help ensure that you get the settlement you deserve. For more information or a free case evaluation, please contact us online or at 386-224-6544.

Frequently Asked Questions

How do I obtain video evidence for my personal injury case?

The best way to obtain video personal injury evidence is to speak with a lawyer. They have the legal tools to get the footage and the experience to assess its relevance. Non-lawyers will have a much harder time accessing surveillance systems, smartphones, and law enforcement videos.

What types of video evidence are most effective in personal injury cases?

Various types of video evidence can be very effective. Surveillance footage, for example, can show the accident and the environment that led to it happening. Videos can also demonstrate the impact of your injury on your life, such as how it affected your mobility.

Can video evidence be challenged in court?

Like any other kind of evidence, the opposition can challenge video evidence. The defendant could question the video’s authenticity, claim that it’s inadmissible based on legal grounds, and make other arguments. However, a skilled attorney can effectively counter those challenges.

Are there privacy concerns regarding video evidence?

Yes, privacy concerns can be a significant issue when using video as personal injury evidence. At The Eberst Law Firm, however, our lawyers know how to ensure we always obtain footage in compliance with all privacy laws and regulations.

There’s no better place in the world than Florida to ride a motorcycle. Riders hit our state’s highways year-round, thanks to the beautiful weather and scenery. Unfortunately, Florida motorcycle accidents occur far too often, leading to severe injuries and tragic deaths.

The Eberst Law Firm has a team of skilled, passionate lawyers who will fight for your rights. We’ll be ready to help if you’ve suffered an injury or the loss of a loved one in a motorcycle accident caused by someone else. Please contact us online or call 772-225-5566 for a free consultation as soon as you can.

Florida Motorcycle Accident Statistics

There were 9,262 motorcycle accidents in 2022. These accidents resulted in 614 deaths and 7,942 severe injuries. The worst months for accidents were March (1,075) and October (949). The fewest accidents occurred in January (595) and June (622).

Stay Safe From Florida Motorcycle Accidents

When it comes to motorcycle accidents, Florida is a veritable demolition derby where hundreds of motorcyclists end up wrecking their bikes and suffering severe injuries. Motorcycle accidents are an especially dangerous breed of motor-vehicle accident where those involved tend to suffer even worse injuries than those found in other motor-vehicle accidents due to how exposed motorcyclists are while on their bikes.

Like many other states, Florida has taken measures to help reduce the amount of destruction involving motorcycles on the roads. There are a number of laws and safety measures that those riding their motorcycles need to be privy to in order to help reduce their risk of being involved in a severe accident.

Lane-Splitting is Illegal

It is not unusual to see traffic come to a complete stop here in Florida because of something like an accident or other road obstruction. In situations like this many motorcyclists can end up being impatient and will use the smaller size of their vehicle to maneuver between other larger vehicles. This maneuver is known as “lane-splitting” and is considered illegal here in the state of Florida. Currently, lane splitting is only legal in the state of California and illegal in the rest of the country.

This is due to lane splitting coming with an immense risk of causing an accident since a motorcyclist will be traveling in an area where drivers will not expect them to be. Motorcyclists already have enough of a problem with lack of visibility causing accidents so it is advised that you do not lane split. Not only because it is illegal but because it invites the unnecessary risk of an accident.

Florida Helmet Laws All Motorcyclists Should Know

One of the most important things that motorcyclists often neglect to do here in Florida is wear a helmet. It has been demonstrated through many a study that wearing a motorcycle helmet while riding can significantly reduce the chance of a rider suffering a traumatic brain injury. In Florida, motorcyclists are required to wear a proper helmet by law.

However, motorcyclists who are over the age of 21 have an insurance policy providing them with $10,000 in medical coverage in case they are involved in an accident. It should be noted that suffering a severe traumatic brain injury because you didn’t wear a helmet while riding a motorcycle will likely result in damages vastly greater than $10,000 dollars. Florida also requires that all motorcyclists wear proper eye protection while riding their motorcycles as well.

Motorcycle Headlights are Required

Florida law requires that all motorcycles be equipped with headlights that are on at all times the motorcycle is on. This means that even when riding in broad daylight, a motorcycle’s headlights have to be on.

Many motorcyclists use a modulating headlight feature that makes their motorcycle’s headlights flicker during daylight hours. This feature is legal in the state of Florida.

Other Motorcycle Laws to Keep in Mind

These are just some of the many other Florida motorcycle laws you need to know. The more familiar with these laws you are, the safer you’ll be when riding.

You Can’t Ride Without a Motorcycle Endorsement

A Florida motorcycle endorsement shows you’ve taken the courses needed to understand how to safely ride a bike. Just because you have a driver’s license doesn’t mean you’re qualified to ride. If you plan on using a motorcycle (two or three wheels) that has an engine of 50cc or larger, you must have an endorsement.

How do you go about getting one? You have to be at least 16 and pass the Motorcycle Safety Foundation’s Basic Rider Course. If you don’t plan to drive a car, you can still get a motorcycle-only operator’s license. It’s essential to know that you can’t drive a car without a driver’s license.

You Have to Keep Both Wheels on the Ground

If you’re a skilled rider, you might be tempted to show off every once in a while by popping a wheel. But if you perform this or any other type of stunt, you’ll be breaking the law. Both wheels of your bike need to be on the ground at all times.

“Ape Hanger” Handlebars

Ape hanger handlebars are a style of handlebar that is raised higher than usual above the bike and makes it so the rider’s arms are in an upward diagonal position while they are riding.

Many states have very different laws regarding how high ape hanger handlebars can go above a motorcycle which can make things difficult for traveling motorcyclists. In Florida, the rule is that the handlebars cannot extend past the rider’s shoulders.

Passenger Laws

Many motorcyclists want to share their riding experience with friends and loved ones or may simply need to give someone a lift. Motorcycles carrying passengers are a normal sight and legal.

However, in order for a motorcycle to be able to legally have a passenger along for the ride, there needs to be a seat for the passenger or a single seat on the bike has to be meant for two people. Also, there must be footrests for a passenger as well.

Do I Need to Hire a Motorcycle Accident Attorney?

The answer to that question depends on the circumstances surrounding the accident. If the accident is minor, resulting in only a little bit of property damage, your insurance company should be able to handle providing whatever compensation it takes for repairs.

But if you suffer an injury and the accident wasn’t your fault, you’ll definitely need to hire an experienced attorney. A lawyer will have the skill and experience required to collect the evidence you’ll need to win your case. They’ll also be in a much better position to defeat the at-fault party’s deep-pocketed insurer and their legal team.

Consider Eberst Law Firm for Your Motorcycle Accident Claim

If you or a loved one have been injured in a motorcycle accident in the Stuart, Florida, or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm.

Our lawyers have a long track record of successful motorcycle accident claims that have recovered settlements that allow motorcycle accident victims to pay off their medical expenses, compensate for their lost wages, and help ease the financial hardship in general that comes with the trauma of severe injury caused by accidents.

When you hire the Eberst Law team you ensure that your case is taken on by a law firm that is willing to aggressively negotiate on your behalf for the settlement that you deserve.

When you hire the Eberst Law team you ensure that your case is taken on by a law firm that is willing to aggressively negotiate on your behalf for the settlement that you deserve. We are ready to fight your case. You can contact us online or call us at 772-225-4900.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994

772-225-4900

Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601

352-269-0017

Everyone has a smartphone, but some of us can’t put it down. While behind the wheel, they’ll check texts and emails and have extended conversations. This, of course, increases the chances of an accident. But in Florida, distracted driving isn’t limited to phone use.

People will eat and drink or drive when they’re too sick to keep their focus on the road. Not only does distracted driving endanger other drivers, but it also puts pedestrians and others using the road at risk. Check out these Florida distracted driving statistics to learn more.

The attorneys with The Eberst Law Firm are experts in Florida law regarding texting and driving in Florida and other types of distractions. We’ll be ready to use that knowledge on your behalf if a distracted driver hits your vehicle and causes a severe injury. You can call 772-CALL-JON or contact us online for a free evaluation of your case.

Types of Distracted Driving & How They Cause Accidents

Florida’s distracted driving is a significant cause of tragic accidents. It encompasses various behaviors that divert a driver’s attention from the road. Here are just a few of the many types of distractions that occur.

Texting and Driving in Florida

Texting and using smartphones while driving is one of the most dangerous forms of distraction. It involves looking at the phone’s screen, typing messages, or browsing social media, all of which take a driver’s eyes off the road and hands off the wheel.

Talking on the Phone

Conversations on a handheld or hands-free phone can take a driver’s mind off of what’s most important – safely getting to their destination. While hands-free options reduce manual distraction, cognitive distraction can still impair a driver’s ability to focus on the road.

Using GPS Devices or Adjusting Music or Radio

Programming a GPS or navigation system while driving can also divert attention from the road. Drivers may need to glance at the device’s screen, leading to visual distraction. Changing radio stations, adjusting volume, or selecting music tracks takes a driver’s hands off the wheel and attention away from the road.

Daydreaming

Cognitive distractions, like daydreaming or letting one’s mind wander, are more subtle but equally hazardous. When drivers are lost in thought, they may react slowly to changing traffic conditions.

Florida is One of the Worst States for Distracted Driving

Florida has seen a substantial increase in distracted driving incidents in recent years, and the problem continues to be a significant concern for drivers and law enforcement officials.

Several factors contribute to the high incidence of distracted driving in Florida, including a high population density, a growing number of visitors and tourists, and a relatively mild climate allowing year-round driving.

Although distracted driving is a significant problem across the country, the issue is even more pronounced in Florida. According to one study, Florida ranks No. 10 on the list of the worst states for deaths attributed to distraction-related car wrecks.

Distracted Driving Accidents are on the Rise Across Florida

Distracted driving accidents have risen in Florida and the country in recent years. The increasing use of technology and the widespread availability of smartphones have contributed to the rise in distracted driving incidents.

The Florida Highway Safety and Motor Vehicles reported 333 distracted driving fatalities in 2021. This was the highest total in our state in the previous eight years. More than 1,000 distraction-related crashes occur every week.

Texting is the Most Dangerous Distraction

Motorists and truck drivers text while behind the wheel far too often. Texting is the most dangerous type of distracted driving because it involves several types of distractions at once:

This multi-tasking while driving significantly impairs a driver’s ability to react to changing road conditions and increases the crash risk. Texting while driving also takes a driver’s attention away from the road for an extended period, increasing the risk of a crash even further.

Texting and Driving in Florida: Laws and Regulations

In Florida, it’s illegal to text while driving. Drivers can’t manually type or enter multiple characters as a means of non-voice communication with a wireless device.

Violating Florida’s texting and driving laws can result in fines and penalties. For a first offense, the fine is $30 as well as court fees. Subsequent offenses within five years can lead to higher fines and potential points on the driver’s license.

Teen Drivers are the Most At-Risk

Teen drivers are at the highest risk for distracted driving for several reasons, including:

There are More Than 50,000 Distracted Driving Cases a Year in Florida

According to the Florida Department of Highway Safety and Motor Vehicles, more than 50,000 distraction-related accidents occur yearly in our state. Drivers must know the dangers and minimize distractions while on the road.

It’s important to note that distracted driving isn’t limited to texting while driving in Florida. It can include any activity that takes a driver’s attention away from the road, such as eating, using navigation systems, adjusting the radio, or talking on a cell phone.

Distracted Driving Can Result in Severe Injuries and Even Death

When drivers are distracted, their reaction time slows down, and they may miss essential traffic signals, road signs, or changes in road conditions. A lack of focus can lead to crashes, collisions, and other incidents that can cause serious injuries or fatalities.

In addition to physical harm, distracted driving can also result in significant financial and emotional tolls on victims and their families. The aftermath of a distracted driving crash can impact an individual’s life for years to come.

Common Injuries Associated with Distracted Driving Accidents

Distracted driving accidents can lead to a range of common injuries. These include the following:

What Should You Do If You’re Hit By a Distracted Driver?

If you are involved in an accident with a distracted driver, it’s crucial to take the following steps:

Taking these steps as soon as possible after the accident is essential to ensure that you receive medical care and protect your rights and interests. Also, don’t make any statements that could be used against you in a potential legal case.

Receiving Compensation in a Distracted Driving Case

In a distracted driving case, compensation for victims typically comes through insurance claims or legal action. To receive compensation, gather evidence to establish the distracted driver’s liability. This can include witness statements, accident reports, and medical records. Contact your insurance company and the at-fault driver’s insurer to initiate the claims process.

Also, consult a personal injury attorney to help navigate the legal aspects and negotiate on your behalf. Compensation may cover medical expenses, lost wages, pain and suffering, and property damage. The amount can vary based on the severity of injuries, insurance policies, and other factors related to the case.

Contact The Eberst Law Firm ASAP to Schedule a Free Case Evaluation

A Florida distracted driving attorney with The Eberst Law Firm is standing by to help you obtain maximum compensation. Please use our online contact form for a free case review, or call 772-CALL-JON.

Frequently Asked Questions

Is texting and driving illegal in Florida?

Yes, texting and driving in Florida is illegal. Florida has implemented laws that prohibit texting while driving. Drivers are not allowed to manually type or enter multiple characters as a form of non-voice communication with a wireless device.

How can I prove that the at-fault party was distracted?

Collecting evidence such as witness statements, photos or videos of the accident scene, phone records, and police reports can help demonstrate distraction.

Is Florida safe for drivers?

Our state has a negative reputation regarding safety. Factors that affect safety in Florida include high tourism, challenging traffic conditions in urban areas, thunderstorms, and others. Like any state, Florida’s distracted driving is also a significant safety problem.