CALL NOW:
-
FOR A FREE
CONSULTATION -
CURRENT WAIT:
10 SECONDS
Menu
Traffic-related pedestrian injuries are a growing public-health concern worldwide. The economic impact of motor vehicle collisions and pedestrian injuries totals over $500 billion annually. Not only do these accidents cause injuries, they lead to fatalities and disrupt the lives of the most vulnerable members of society. Many of these accident victims are disadvantaged people who already have a myriad of struggles.
In 2017, 7,700 people over the age of 65 were killed in auto accidents. As people age, their reflexes slow down. Likewise, seniors who use devices like walkers, canes, and wheelchairs move much more slowly than their younger counterparts. They’re in greater peril when crossing the street.
As the body ages, some faculties diminish. Elders may not see oncoming traffic as soon as younger people do due to loss of hearing and eyesight. Poor eyesight can also be responsible for elderly people not being able to see road signs and signals clearly.
Cognitive decline can also be another factor in pedestrian accidents, especially for seniors with dementia or Alzheimer’s disease, which affects 5.5 million people in the United States, most of whom are 65 and older.
Sometimes drivers can be impatient with elders and swerve around them to get by more quickly. This can cause elderly people to get unnerved and fall into oncoming traffic where they could suffer serious injuries. Falls are also more likely in cold and freezing weather, and they can be much more serious for older citizens whose bodies have grown feeble.
Drivers should always give elders extra time to walk, avoid honking or startling them, keep a safe distance from seniors, and generally drive slowly in areas with a concentration of seniors. Unfortunately, many impatient drivers on the road do not adhere to those behaviors.
Family members should try to minimize walking for seniors by offering them rides. Walking with a companion and making sure that they have enough time to cross the street are two ways seniors can be proactive.
Children under the age of 15 are more likely to be involved in traffic accidents. Young people tend to be impulsive and may not have yet developed the ability to make rational decisions while walking and crossing the street. Also, adults walking with children may overestimate the child’s cognitive ability.
Children’s small stature makes them less likely to be seen by drivers. Visibility is increasingly limited in rural roads and in bad weather. As they’re too young to drive themselves, walking is often their only form of transportation to get to and from school campuses and school buses.
Bus drivers are only able to watch them for part of their journey home. A lack of adult supervision means that they may take risks they would normally avoid. Likewise, irresponsible drivers ignore road warnings and speed limits in school zones.
For children, pedestrian deaths are more common near parks where they are carefree and perhaps too focused on play to worry about surrounding dangers.
Florida ranks number one as the deadliest state for pedestrians. The poor are even worse off. People who are economically disadvantaged are more likely to be hit by vehicles and get injured or killed. The risk is elevated for children: their death rates are higher among children from poorer and more deprived neighborhoods.
One reason this could be is that car ownership is out of reach for many residents of low-income neighborhoods.
A study conducted by Transportation Alternatives, a New York-based advocacy group, found that child pedestrian fatalities and injuries were clustered near public housing projects.
The stats show that for Black, Native, and low-income pedestrians, the risks of walking in the U.S. are high.
Black pedestrians are twice as likely to be struck and killed while walking than white pedestrians, while Native people are more than three times as likely to be fatally hit.
Low-income neighborhoods are also more likely to experience more pedestrian deaths.
But why are these communities more vulnerable to pedestrian accidents?
These neighborhoods may have the deadly combination of having fewer sidewalks and parks, as well as more major roads that lead to higher speeds and more traffic, which leads to more pedestrian fatalities.
The Tampa-Clearwater metro area in Florida is one of the deadliest regions, according to an article by ABC.
Whit Blanton, the executive director of the Pinellas County-based land use and transportation planning agency Forward Pinellas, says the prioritization of cars as the main form of transportation has made some places unwalkable.
Many regions like Pinellas County were developed with the automobile as the focus, and though plenty of downtown areas are walkable the vast majority of people don’t live downtown.
Most people, when walking in Florida, are walking next to 45-50 MPH traffic that’s lined with commercial retail shops, a lot of driveways, and parking lot exits. When you walk, you have to walk through a parking lot to get to the front door of wherever you are going. You have to cross some big wide roads and drivers are frequently allowed to turn right on red.
Research has found that highways across the country are oftentimes built through or very close to Black, Hispanic, or low-income neighborhoods, making them harder to live in, closing businesses, displacing residents, and making them dangerous for pedestrians.
The Governors Highway Safety Association estimates that the number of pedestrian deaths in the US is only going to rise.
The agency estimates that 7,485 people were struck and killed while walking in 2021, which is the highest number in 40 years.
However, not all regions are equal when it comes to walkability.
The top 10 deadliest states, starting with the deadliest, include
The top 10 deadliest metro areas for pedestrians, starting with the deadliest, include
As you can see, Florida takes three of the top 10 spots for the deadliest metro areas for pedestrians in America. Only California, which has 17 million more people than Florida, shows up more than once on that list besides Florida.
Statistics show us that certain demographics are more likely to be involved in injury from a pedestrian accident. These include children, seniors, and low-income individuals. Apart from a rise in pedestrian accidents, there’s also an increased risk of fatality for these individuals.
We must ask ourselves what can be done to resolve this inequity. While many states, including Florida, have been working to solve the issues of pedestrian accidents through infrastructure and policy, there’s a lot more that needs to be done.
If you have been involved in a pedestrian accident, don’t hesitate to contact an experienced attorney. The attorneys of The Eberst Law Firm have the experience you need to represent your case. We can review your case at no cost to you in a free and no-obligation consultation.
Contact us online or at 772-225-4900 today.
There’s nothing worse than unexpectedly losing a loved one. When this occurs due to another’s negligence or carelessness, the experience can be even more devastating. If this has happened to you, please accept our deepest sympathies. The attorneys with The Eberst Law Firm will be here to help if you choose to pursue justice against those who caused your suffering.
Our attorneys have extensive experience in wrongful death cases. We know how to investigate accidents to determine blame. Once that investigation is complete, we aggressively pursue compensation from all of the parties that contributed to the tragedy. While money obviously won’t make up for your loss, it will make those responsible face accountability.
You can schedule a free case evaluation by contacting us online or calling 1-888-CALL-JON.
The State of Florida defines wrongful death as “the death of a person caused by the wrongful death, negligence, default, or breach of contract or warranty of any person.” The surviving family members of the deceased may be entitled to compensation for the loss they’ve suffered. A wrongful death attorney can help them obtain that compensation.
Just about any form of negligence can result in a wrongful death. The following are just some of the more common ones.
All states have what’s known as a “statute of limitations” regarding wrongful death claims. Florida’s is two years. The statute of limitations means you have two years from the date of your loved one’s death to pursue a claim.
While you might have that long, you really should take action immediately. You’re going to need proof that the death occurred due to another’s negligence. The only way to get that proof is to hire an attorney to investigate the accident. Time is of the essence. The reason is the investigation needs to begin as soon as possible before critical evidence disappears.
For example, suppose someone dies in a truck accident caused by a drowsy driver. Your attorney will need to get to the accident scene immediately. They’ll look for proof the driver was at fault. A nearby surveillance camera may have footage of the wreck.
The truck’s “black box” data may show the vehicle was behaving erratically because the driver lost control. It could also show the driver was behind the wheel for far too long in violation of federal safety regulations.
The faster you hire legal help, the earlier the investigation can begin – and the better the chances your attorney will be able to uncover the proof you’ll need to win your case.
There are some limited exceptions to the two-year statute of limitations for wrongful death claims. For example, if your loved one’s death was caused by medical malpractice, you’ll typically have between 2-4 years from the date that you discovered or should have discovered the malpractice to file your lawsuit.
An experienced wrongful death lawyer can answer any questions you might have regarding exceptions that might apply to your case.
In Florida, only a personal representative of the deceased’s estate can file a wrongful death lawsuit. This person could be an attorney, a family friend, or someone else. As long as the following apply, the person can act as a representative.
If the deceased didn’t have a will naming a representative, the court will appoint one.
Damages are the financial losses stemming from an accident caused by negligence. You may be able to pursue compensation for not only your own damages but also the damages your loved one incurred before passing away.
Some of the damages you may be able to obtain include the following:
The deceased may have been hospitalized for several days before they died. They may have needed surgery, as well as pain medication or sedatives. Medical bills will accumulate even though the treatment was, tragically, unsuccessful.
Survivors may also be eligible to recover the wages the deceased earned at the time of death, as well as money the victim would likely have made had they not died.
You can pursue compensation for your own pain and suffering, as well as the pain and suffering the victim experienced before death.
You might be certain someone caused your loved one’s death, but there could actually be multiple parties that contributed to the fatal accident. A collision involving a truck is just one example. The following people and entities could have played a role in causing the wreck:
As you can probably see, a wrongful death case can be complicated. As stated earlier, you must hire a lawyer as soon as possible so they can investigate the accident. The investigation will show all of the liable parties.
The attorneys with The Eberst Law Firm are experts in wrongful death cases. We have a long track record of success, and we’re ready to get to work for you. Please don’t hesitate to call 1-888-CALL-JON or contact us online for a free consultation.
Traffic laws are obviously designed to reduce the risk of car wrecks. But some of them are a little odd, to say the least. Florida has its share of weird road laws. We’ll cover five of them in this article.
If you suffer an injury in an automobile accident caused by someone else’s negligence, don’t hesitate to contact The Eberst Law Firm online or call 1-888-CALL-JON. We’ll work diligently to help you obtain the maximum compensation you deserve.
Okay, this is more of a rumor than an actual law, but we thought it would be interesting to add it anyway. Many websites claim that if someone leaves an elephant near a parking meter, they can receive a ticket if the meter is expired. But there’s no evidence this law is on the books anywhere in Florida.
It seems this rumor is based on the fact that Sarasota was once the winter home of the Ringling Bros. Circus. In fact, owner John Ringling reportedly used elephants in the 1910s and 1920s to help build St. Armands Circle, a tourist hotspot. It doesn’t take much imagination to picture these massive animals walking around Sarasota.
Unfortunately, cities didn’t start using parking meters until the mid-1930s. The first one was in Oklahoma City in 1935. So, while this is one of Florida’s classic “weird laws,” the rumors are likely false.
Back in the Old West, you just didn’t mess with anyone’s horse. If you did and were caught, there’s a good chance you wouldn’t see the next sunrise. While the penalties aren’t quite as harsh as they used to be, stealing a horse can still result in some hard times.
Horse theft is considered grand theft. This is a Class 3 felony that can lead to as many as five years in prison. This crime also carries a fine of as much as $5,000. Stealing a car carries the same penalties.
Just about everyone in Florida has had to drive through heavy rain. A storm can pop up seemingly out of nowhere, especially during the spring and summer. When the rain is falling so hard that it gets difficult to see, most motorists will first put on their hazard lights to make sure their vehicles are visible to other drivers.
Did you know, however, that doing so used to be against the law? People could only do this if they were part of a funeral procession.
Thankfully, rational minds won out. The state now allows drivers to use their hazards when visibility is extremely low. This not only applies to rain, but also fog and smoke. The law went into effect in 2021.
Driving too slowly can increase the chances of a car accident. It can also cost you a ticket. Florida law makes it illegal to drive slower than the pace of traffic while staying in the left lane on a highway. If you’re on an interstate in Florida with a posted speed limit of 70 mph and drive slower than 50 mph when road conditions are good, you face a three-point moving violation as well as a fine of $60.
The same principle applies to travel on city streets. You’re violating the law if you drive 10 mph less than the posted speed limit and don’t move over for an approaching car.
Are you planning to visit friends or family in Cape Coral any time soon? If so, you better not park anywhere but on the pavement. Otherwise, you could receive a ticket. Parking on the grass is prohibited within the city limits.
Whether you’ve suffered an injury in a car wreck, a pedestrian accident, or any other type of accident caused by another’s carelessness, The Eberst Law Firm will be ready to help. You’ll be able to count on us to do all we can to help you get the money you deserve. Schedule a free consultation by contacting us online or calling 1-800-CALL-JON.
Bicycle accidents are common occurrences in the United States, leading to an average of 130,000 injuries and nearly 1,000 deaths yearly. When a bicycle accident occurs, determining who is liable for the resulting injuries can be a complicated process.
An attorney with The Eberst Law Firm can investigate the accident that injured you and determine all liable parties. We have significant experience representing clients in similar cases and are ready to help you obtain maximum compensation. Contact us online or call 1-888-CALL-JON for a free consultation.
Bicycle accidents can result in a wide range of injuries. Some of them are minor, while others are life-threatening. Common injuries sustained in bicycle accidents include the following:
Bicycle accidents can occur due to several reasons, including:
Drivers who are texting, talking on the phone, or engaging in other distracting activities can easily cause a bicycle accident.
Motorists who fail to yield to cyclists when turning or merging can cause serious accidents.
Speeding drivers may not have enough time to react to a cyclist in their path, resulting in an accident.
When someone is under the influence of drugs or alcohol, they may have impaired judgment and motor skills, making it challenging to avoid colliding with a cyclist.
Potholes, uneven pavement, and other issues affecting road surface quality can make it difficult for cyclists to maintain their balance and avoid accidents.
Determining fault after a bicycle accident can be a complex process. The following factors are typically considered when determining who is liable for a bicycle accident:
The driver’s actions leading up to the accident will be carefully examined, including whether they were speeding, distracted, or under the influence of drugs or alcohol. Your attorney may be able to obtain footage from a surveillance camera located near the accident scene. The footage could, for example, show that the at-fault driver was weaving in and out of traffic because they were impaired. They might also be able to get phone records to show the driver was talking and texting at the time of the wreck.
Investigators will also evaluate the condition of the road where the accident occurred. For example, they’ll examine whether there were any potholes or other hazards that may have contributed to the accident. There’s a chance the entity that was responsible for maintaining the road was negligent.
Eyewitnesses to the accident can provide valuable testimony that can help determine who is at fault. There’s a good chance that someone saw what happened. If possible, ask them if they’d be willing to testify if called upon. Get their contact information (name, address, phone number, email address) and give it to your lawyer. Don’t worry about trying to interview anyone. That will be your attorney’s job.
Police reports can also help determine who is at fault for a bicycle accident. If you’ve suffered an injury, please call 9-1-1 and ask for an ambulance as well as a police officer to be dispatched to the scene. The officer will ask you how the accident occurred. Be truthful, but don’t say anything the officer could construe as admitting fault. The insurance company will use that against you and make it very hard for you to get the money you have coming.
When pursuing compensation for injuries sustained in a bicycle accident, gathering as much evidence as possible to prove liability is essential. The following types of evidence can prove liability:
Photos and videos can provide valuable visual evidence of the accident scene, including the position of vehicles involved, the condition of the road, and any other factors that may have contributed to the accident. As noted earlier, footage from nearby surveillance cameras may show how the accident occurred.
People who saw what happened can provide critical details. These details could prove to be invaluable to your case. Again, your attorney will interview the witnesses from whom you obtained contact information.
Medical records can help establish the extent and severity of injuries sustained in the accident. Records can also show the cost of medical treatment. This is why it’s so important that you get medical help as soon as possible. Some accident victims will refuse treatment because they think they feel fine. But once their adrenaline wears off, they realize they’ve suffered a severe injury.
Don’t let this happen to you. If you delay medical treatment, your injury will worsen significantly. Also, the insurance company will claim that you’re not really hurt or not hurt as badly as you claim.
Expert testimony from accident reconstruction specialists and medical professionals can provide valuable insight into the cause of the accident and the extent of the injuries sustained. You should hire an attorney who has relationships with effective experts, ones who can explain how an accident occurred in an easy-to-understand manner.
In most cases, the at-fault party’s insurance company will be responsible for paying for the damages resulting from a bicycle accident. However, the specific details of how damages will be paid will depend on the circumstances of the accident and the insurance coverage of the parties involved.
Florida follows a legal principle known as “comparative negligence.” If you were partially to blame for the accident, your damages will be reduced by the percentage of blame you’re assessed. For example, if you get 20% of the blame, you’ll receive 80% of your damages. If you were going to obtain $100,000, you’ll get $80,000 instead.
However, Florida’s comparative negligence law changed on March 23, 2023, when Gov. Ron DeSantis signed sweeping personal injury litigation changes into law. If someone is found to be 51% or more to blame for an accident, they will no longer be able to recover any damages. This means that instead of using “pure comparative negligence,” Florida now uses a “modified comparative negligence” structure.
Individuals who have suffered an injury in a bicycle accident may be eligible to recover several types of damages, including:
If you have been injured in a bicycle accident, it may be necessary to file a lawsuit to recover compensation for your damages. The following steps can help you file a bicycle accident lawsuit:
The initial consultation is where you’ll get to know your attorney and decide whether or not you’re comfortable with them representing you. This will also be a chance for your lawyer to spell out the strengths and weaknesses of your case
Your attorney will collect as much evidence as possible to support your case, including witness statements, surveillance video, and medical records. They’ll need to begin their investigation as quickly as possible before critical evidence fades away.
Your attorney will file a claim with the at-fault party’s insurance company, requesting compensation for your damages. They’ll send a “demand letter,” which is exactly what it sounds like. It’s a demand for the compensation you deserve.
Your attorney will negotiate a fair settlement with the insurance company. They’ll have the facts on their side, so the insurer will more than likely agree to pay what you deserve. More than 90% of personal injury claims end in a settlement.
But, there are times when an insurer will refuse to settle. If this happens in your case, a lawyer with The Eberst Law Firm will be ready to represent you in court. We have a long track record of success defeating insurance companies at trial.
If you’ve suffered an injury in a bicycle accident caused by another’s negligence, you must seek legal representation as soon as possible. The experienced attorneys at The Eberst Law Firm can answer all of your questions and work to recover the compensation you deserve. Use our online contact form or call 1-888-CALL-JON to schedule a free case evaluation.
Riding a motorcycle can be a thrilling experience, but it also comes with certain risks. One of the most common types of injuries riders suffer is road rash. A road rash is a severe abrasion. It happens when a motorcyclist is thrown from their bike and slides along the pavement or road. It can range from mild to severe and can cause long-lasting effects.
If you’ve suffered road rash – or any other kind of severe injury – in a motorcycle accident caused by someone else’s negligence, get in touch with The Eberst Law Firm. We’ll investigate the accident to find out how it happened and who was to blame. We’ll then aggressively pursue the at-fault party to obtain the compensation you deserve.
Don’t hesitate to schedule a free consultation by contacting us online or calling 1-888-CALL-JON.
Road rash occurs when a motorcyclist falls off their bike and slides across the road surface. It is a type of skin abrasion that can range from mild to severe. Road rash is caused by friction between the skin and the road surface, which can scrape away several layers of skin. The severity of road rash will usually depend on various factors, including the motorcyclist’s speed, the type of clothing they were wearing, and the type of surface they landed on.
Various types of motorcycle accidents can cause road rash. The most common is a single-vehicle accident. This type of accident occurs when the motorcyclist loses control of their bike and falls off. Another is a collision with another vehicle or object. In this scenario, the motorcyclist may be thrown from their bike and slide across the pavement or road surface, causing road rash.
The severity of road rash can vary from mild to severe. Mild road rash may cause redness, pain, and swelling, while severe road rash can cause deep cuts, bleeding, and infection. Other symptoms of road rash may include:
It’s essential to seek medical attention if you experience any symptoms of road rash, even if they appear mild. Infection is a common complication of road rash and can lead to further health problems if left untreated.
The treatment depends on the severity of your injury. Doctors may recommend treating a mild road rash with over-the-counter pain medication and topical creams. Severe road rash may require medical attention, including cleaning and dressing the wound appropriately. In some cases, skin grafts may be necessary to repair the damage caused by road rash. It is essential to keep the wound clean and dry to prevent infection.
There are several steps you can take to prevent injury:
Wearing protective clothing, including a helmet, leather jacket, gloves, and pants, can help reduce the severity of injury in the event of an accident.
Defensive driving can help you avoid accidents and reduce your risk of experiencing injury.
Speeding increases your risk of being involved in an accident.
Regular maintenance can help ensure your motorcycle is in good working condition, reducing your risk of accidents.
Some of the most common motorcycle accident injuries include:
If you’re involved in a motorcycle accident and sustain injuries, you may be able to recover damages for your medical expenses, lost wages, and other damages. You may need to file a personal injury lawsuit against the at-fault driver or their insurance company. It is essential to document all of your injuries and expenses, including medical bills, lost wages, and other damages, to ensure that you receive fair compensation for your injuries.
If you suffered an injury in a motorcycle accident, it’s generally a good idea to hire an attorney as soon as possible. Your lawyer will immediately investigate the accident. They’ll look for every piece of evidence they can find to make your case as strong as possible. The earlier the investigation starts, the less likely it will be that critical evidence will vanish.
An attorney can also help you understand your legal rights, document your injuries and expenses, negotiate with insurance companies, and represent you in court if necessary. Hiring an attorney can help ensure that you receive fair compensation for your injuries and damages.
Don’t suffer alone, and don’t try to act as your own legal representative. If you do and lose, you’ll be responsible for paying for all of your medical expenses. You’ll also be responsible for your other accident-related losses. Take that risk out of the equation by contacting The Eberst Law Firm online or calling 1-888-CALL-JON for a free review of your case.
If you’ve been in a truck accident, you may receive a settlement offer from the insurance company of the trucking company or the driver who caused the accident. It can be tempting to accept a quick settlement offer so you can move on with your life. But you need to understand the risks and potential consequences of doing so.
The experts with The Eberst Law Firm will be here for you. Our team of attorneys will work to make sure you get every penny you have coming. We won’t let an insurance company keep you from obtaining rightful compensation. If you would like to schedule a free review of your case, you can contact us online or give us a call at 1-888-CALL-JON.
Insurance companies are in the business of making money, not helping accident victims. They aim to minimize the amount of money they pay out in claims. They’ll do everything they can to pay you as little as possible, including denying your claim or offering you a lowball settlement. They may even try to blame you for the accident.
Insurers use a variety of tactics to try and get accident victims to accept unfair settlement offers. One common tactic is to offer a quick settlement before the full extent of the victim’s injuries and damages are known. In many cases, accident victims may be eager to accept a quick settlement offer to get the money they need to pay for medical expenses and other bills.
However, accepting a quick settlement offer can be a mistake, as it may not fully compensate the victim for their injuries and other damages.
Another trick that insurers may use is to downplay the severity of the victim’s injuries or try to shift the blame for the accident onto the victim. This can be particularly damaging in cases where the victim is partially at fault for the accident, as it may reduce the amount of compensation they’re entitled to receive.
Also, insurance companies will often use pressure tactics to try and get accident victims to accept a settlement offer. They might, for instance, threaten to withdraw the offer. The insurer might also imply that the victim won’t receive any compensation if they don’t accept the offer. These tactics can be particularly effective on accident victims who are already overwhelmed and stressed by the accident’s aftermath.
Insurers also know that many accident victims are in a vulnerable position and need money quickly to cover expenses. They may offer you a quick settlement to take advantage of your situation.
But when you accept a settlement offer, you’re giving up your right to pursue additional compensation in the future. You might accept a settlement offer and later realize your injuries are more severe than you initially thought. There’s also a chance you’ll need additional medical treatment. If either one of those scenarios proves to be accurate, it will be too late to seek additional compensation.
You only have one chance to settle your claim with the insurance company. Again, if you accept what the insurer offers, that will be the end of your case. There won’t be any going back. You’ll be stuck with that amount, even if your injuries are more severe than you initially realized. That means you’ll also be responsible for whatever medical bills your settlement doesn’t cover.
The amount of compensation you’re entitled to receive will depend on the specifics of your case. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. A seasoned truck accident lawyer can help you determine how much compensation you should be entitled to receive.
Several factors can affect your settlement offer, including the following:
If you receive a fair settlement offer from the insurance company, you may want to consider accepting it. A fair offer will give you the compensation you need to move on with your life.
But how will you know whether or not that offer is fair? Your best option will be to hire a truck accident attorney. At The Eberst Law Firm, our lawyers will know exactly how much compensation you deserve. We’ll also gather evidence to support your claim, negotiate with the insurance company on your behalf, and, if necessary, take your case to court.
If you‘ve been in a truck accident, it’s essential you contact a truck accident attorney as soon as possible. A lawyer can ensure that you receive the compensation to which you’re entitled.
They can also help you avoid common mistakes, such as accepting a quick settlement offer or signing a release that waives your right to pursue additional compensation.
As stated earlier, there’s a chance that the insurance company will make you a fair offer. That will be more likely if the insurer knows you have an experienced lawyer by your side. But if they try to lowball you or deny your claim, you’ll definitely need skilled legal representation.
Again, you only get one chance to settle your claim. You need to make sure you receive the compensation you are entitled to. Contacting a truck accident attorney can help ensure that your rights are protected and that you receive fair compensation for your injuries and other accident-related expenses.
Talk to a lawyer with The Eberst Law Firm. We’ll protect your rights and work in your best interests. We’ll also gladly answer any questions you may have. Use our online contact form or call 1-888-CALL-JON for a free consultation.
A hit and run accident happens when a motorist hits another vehicle or a pedestrian and then immediately leaves without stopping to provide any aid or give the victim their contact and insurance information. Law enforcement officials take these accidents very seriously, and the state hands out severe penalties when someone is convicted of this crime.
The Eberst Law Firm will fight hard for your rights if you’ve suffered a severe injury or tragically lost a loved one in a hit and run accident. We’ll investigate to determine who was to blame and then pursue them for the compensation you deserve. If you would like to schedule a free review of your case, please don’t hesitate to contact us online or give us a call at 1-888-CALL-JON.
In 2014, Florida legislators signed the Aaron Cohen Life Protection Act into law. This law imposes mandatory minimum prison sentences for drivers who cause hit and run accidents that result in serious bodily injury or death. The law is named after Aaron Cohen, a cyclist killed by a hit and run driver while cycling on a bridge in Key Biscayne. The driver who hit Cohen fled the scene and was later caught and charged.
Under the Act, if a driver causes a hit and run accident that results in serious bodily injury, the driver will face a mandatory minimum sentence of three years in prison. If the accident results in death, the mandatory minimum sentence increases to four years in prison. The law also requires that the driver’s license be revoked for at least three years.
If police locate the hit and run driver, that driver will face charges based on the severity of the accident. In the case that the accident results in property damage only, the at-fault party may face misdemeanor charges. If the accident results in injuries or death, the at-fault party may face felony charges.
If a hit and run accident results in property damage only, the at-fault party may face misdemeanor charges. They could spend up to 60 days in jail and a fine of up to $500.
If an accident involving a driver who flees the scene results in injuries, the at-fault party may face felony charges. The severity of the charges will depend on the severity of the injuries. For instance, if the injuries are minor, the at-fault party may face third-degree felony charges. This could result in up to five years in prison and a fine of up to $5,000.
If the injuries are severe, the at-fault party may face second-degree felony charges. Someone convicted of this crime could face a sentence of as long as 15 years in prison and a fine of up to $10,000. In addition, they’ll lose their driver’s license for at least three years.
If a hit and run accident results in a fatality, the at-fault party may face first-degree felony charges. This could result in up to 30 years in prison and a fine of up to $10,000. The hit-and-run driver will lose their license for a minimum of three years.
Police officers perform thorough investigations into these kinds of accidents. Investigators will look for witnesses, surveillance camera footage, and physical evidence to identify the at-fault party. In some cases, law enforcement agencies may also issue a BOLO (Be On the Lookout) alert to the public for the suspect vehicle.
If the person who hit you isn’t found, you may still be able to receive compensation for your injuries through your insurance policy. Florida law requires that all drivers carry Personal Injury Protection (PIP) insurance, which covers medical expenses and lost wages regardless of who was at fault for the accident.
However, PIP insurance only covers up to a certain amount and may not be enough to cover all of your expenses. In addition, if you have uninsured/underinsured motorist coverage, you may be able to receive additional compensation for your injuries.
But while you would like to think your insurance company would do the right thing and pay you the money you have coming, the reality is often different. Insurers are notorious for denying claims, no matter how legitimate they may be. If this happens to you, you must hire a skilled attorney as soon as possible.
The Eberst Law Firm has a team of lawyers who can investigate the accident and gather the solid evidence needed to help you obtain rightful compensation. We’ll do everything we can to force your insurer to treat you fairly.
If you’ve been involved in a hit and run accident in Florida, you must hire an experienced attorney. A lawyer can help you navigate the legal process and ensure you receive the compensation you deserve. The Eberst Law Firm has a team of skilled lawyers who have extensive experience in hit and run cases. We can help you with every aspect of your case, from filing a claim with your insurance company to negotiating a settlement with the at-fault party’s insurance company.
We also offer a free consultation to discuss your case and answer any questions. Our firm works on a contingency fee basis. This means we only take a fee if you win your case. This can provide peace of mind for clients who may be concerned about the cost of hiring an attorney.
The Eberst Law Firm has a passionate team of legal experts who will help you every step of the way. If you would like to know more about us, or you’d like to schedule a free evaluation of your case, get in touch with us as soon as possible. You can call 1-888-CALL-JON or use our online contact form.
Back injuries are a common consequence of personal injury accidents, such as car accidents, slips and falls, and workplace accidents. These injuries can be excruciating and significantly impact a person’s ability to work and enjoy daily life. In addition to the physical pain and suffering, back injuries can also be costly in terms of medical bills and lost wages.
The Eberst Law Firm has the skill and experience to help you get the money you deserve if you suffered a back injury in an accident that wasn’t your fault. We’ll investigate to find out why the accident took place and who was to blame. You can call us at 1-888-CALL-JON or contact us online for a free consultation.
Back injuries can result from a wide variety of personal injury accidents, including the following:
The medical treatment required to diagnose and treat back injuries can be extensive and costly. They often require significant time off work to recover, resulting in lost wages and reduced earning capacity. Back injuries can also have long-term complications requiring ongoing medical treatment and additional time off work.
The more severe the injury, the more the treatment will cost. Someone who suffers paralysis due to spinal cord damage, for instance, can expect to spend up to $1 million – in just the first year. Patients will often face expenses of nearly $200,000 each year after. These expenses include the following:
These are some of the common forms of treatment for a back injury.
Sometimes, a victim may need surgery to repair a back injury. A procedure might, for example, be necessary to remove a herniated disc, stabilize a fracture, or relieve pressure on the spinal cord or nerves. Surgery can be expensive and may require a significant recovery period.
Physical therapists can teach patients exercises to strengthen the muscles around the injury, improve flexibility, and reduce pain. Physical therapy can also help patients regain mobility and return to normal activities.
Doctors often administer injections to relieve pain and reduce inflammation in the back. These injections can include epidural injections, nerve blocks, and trigger point injections. Injections can be expensive and may need to be repeated over time. Just one epidural shot can cost almost $1,200.
Lost wages refer to the income you have lost due to taking time off work to recover from your injury. Reduced earning capacity refers to the long-term impact of your injury on your ability to work and earn a living. This impact can include reduced hours, reduced productivity, and the need to switch to a lower-paying job.
Hiring an attorney can help you recover those losses. They can investigate to determine all the parties that contributed to the accident. Your lawyer will then pursue those parties for the compensation they owe you. But the investigation needs to begin as quickly as possible before critical evidence disappears.
Back injuries can have lasting complications that can affect a person’s quality of life and ability to work. Some common complications include:
The pain can persist long after the injury has healed. Discomfort can be so intense that it significantly impacts a person’s ability to work and enjoy daily life. Chronic pain can also lead to depression and anxiety, further degrading the quality of the victim’s life.
Back injuries can limit a person’s ability to move and perform daily activities. This can make working, caring for themselves, or enjoying their hobbies and interests difficult.
Back injuries can also damage the nerves that control sensation and movement in the legs, feet, and other body areas. Nerve damage can result in numbness, tingling, weakness, or paralysis.
In severe cases, back injuries can damage the spinal cord, resulting in paralysis or loss of sensation below the level of the injury.
Working with a seasoned personal injury lawyer can help you get the compensation you deserve. A lawyer can gather evidence to support your case. They can also negotiate with insurance companies and other parties on your behalf.
In addition, your attorney can help you to determine the full extent of your damages. They can also help you calculate the value of your pain and suffering and negotiate a fair settlement covering all your losses.
But a lawyer can do more than assist you in getting the compensation you deserve. They can also help you access the medical treatment and support services you need to recover from your injury. They can, for instance, refer you to medical professionals specializing in treating back injuries and connect you with rehabilitation services, such as physical and occupational therapy.
Please speak with a lawyer with The Eberst Firm as soon as possible to learn more about how we can help. You can use our online contact form to schedule a free case review, or you can call 1-888-CALL-JON.
If you’ve suffered an injury in an accident, you may be considering hiring a personal injury attorney to help you recover damages. However, many people are concerned about the cost of hiring a lawyer and wonder if they can afford it. This is where contingency fees come into play. In this article, you’ll learn what a contingency fee is and how it can benefit you.
The attorneys with The Eberst Law Firm can provide you with expert legal representation without you having to pay a single dollar. You can schedule a free case evaluation by contacting us online or calling 1-888-CALL-JON.
If you’re struggling to make ends meet after an accident, it may seem like hiring an attorney is out of reach. However, with a contingency fee agreement, you can hire a lawyer without any upfront costs. Instead, your attorney will take a percentage of your settlement or jury award as their fee.
When a lawyer agrees to take your case on a contingency fee basis, they’re essentially taking on the financial risk of your case. They won’t receive any payment unless they can secure a settlement or jury award on your behalf. Your attorney has a strong incentive to work hard and do everything possible to maximize the value of your case.
If your attorney is successful, they’ll receive a percentage of the settlement or award. Typically, this percentage ranges from 33% to 40%. While this may seem like a lot, it’s important to remember that your attorney is taking on a significant financial risk by taking your case on a contingency fee basis. In addition, the percentage you pay will be agreed upon upfront, so you will know exactly how much your attorney will receive if they win.
It’s essential you know that if your case doesn’t result in a settlement or award, you won’t owe your attorney any fees. This means you won’t be responsible for paying for any legal services out of pocket.
Hiring an attorney can be well worth the cost. A personal injury attorney can help you navigate the complex legal process and work to maximize the value of your case. In addition, they can handle negotiations with insurance companies on your behalf and advocate for your best interests.
Without an attorney, you may not know your rights. The insurance companies or other parties in your case may take advantage of you. In addition, you may not be aware of the total value of your case and may settle for less than you deserve.
The amount of money you will receive after paying for a lawyer depends on the specifics of your case. However, a personal injury attorney can help you recover damages for medical expenses, lost wages, pain and suffering, and other expenses related to your accident.
While hiring an attorney may reduce the amount of your settlement or award, the benefit of having an experienced legal professional on your side can more than makeup for the cost. In addition, a successful outcome can provide you with the financial resources you need to move forward after an accident.
Speak with an experienced personal injury attorney as soon as you can. At The Eberst Law Firm, we offer free case evaluations and work on a contingency fee basis, so you can get the legal representation you need without paying a dime upfront. Our attorneys have years of experience helping clients recover damages after accidents and will work tirelessly to help you get the compensation you deserve.
During your free case evaluation, we’ll review the specifics of your case and help you understand your legal options. We’ll also discuss our fee structure and answer any questions you may have about the process. If you choose to hire us, we’ll work hard to help you obtain maximum compensation and keep you informed every step of the way.
Schedule your free consultation by calling 1-888-CALL-JON or contacting us online.
Daytona Bike Week is one of the most popular motorcycle events in the United States, attracting hundreds of thousands of bikers worldwide looking to ride, party, and celebrate all things motorcycle-related. While the event is an excellent opportunity for bikers to bond and have a good time, it can also lead to an increase in accidents.
The Eberst Law Firm is ready to help if you suffered an injury in a Bike Week accident that wasn’t your fault. When you turn to us, you can rest assured we’ll be at your side throughout the duration of your case. Call 1-888-CALL-JON for a free consultation, or contact us online.
During the week-long event, attendees can participate in various activities, including motorcycle races, bike shows, music concerts, and street festivals. Many vendors also sell motorcycle-related products and services, making it a great opportunity for bikers to buy new gear and accessories.
However, accidents can and do happen with so many bikers in one place. The combination of crowded streets, heavy traffic, and inexperienced riders can make for a dangerous situation. In addition, many attendees come to the event to consume alcohol, which can impair their judgment and lead to reckless behavior on the road.
Several types of accidents can occur at and around Daytona Bike Week, including:
Nearly 70 people suffered injuries in the first five days of Bike Week alone, compared to 64 during the entire event in 2022. There were only 37 injuries during Bike Week 2021. Two fatalities were reported as of this writing, compared to six deaths in 2022 and eight in 2021.
Motorcycle accidents can result in severe injuries that can be life-threatening and very expensive to treat. Common injuries from motorcycle accidents include:
If you are involved in a motorcycle accident during Daytona Bike Week, it’s essential to gather as much evidence as possible to support your case. Types of evidence that your attorney may use to build a motorcycle accident case include:
If you were involved in a motorcycle accident during Daytona Bike Week, there are several steps you should take to protect your legal rights and ensure you receive the compensation you deserve:
If you are involved in a motorcycle accident during Daytona Bike Week, speak with an experienced accident attorney to ensure your legal rights are protected. The Eberst Law Firm has a team of skilled and experienced attorneys who can help you navigate the legal process and get the compensation you deserve.
Call 1-888-CALL-JON or use our online contact form for a free case review.
Any car accident is scary, but a wreck involving a rideshare service or taxi can be particularly troubling. You might not only be severely injured, but there’s also a chance you might have a hard time getting the compensation you deserve. To learn more about taxis vs. ridesharing and which one is safer, keep reading.
An attorney with The Eberst Law Firm will fight hard for your rights, working to ensure you get every dollar you have coming to you. Contact us online or call 1-888-CALL-JON for a free consultation.
Taxis and ridesharing companies screen their drivers before allowing them to pick up passengers, but the screening processes differ. Taxis usually require their drivers to undergo a background check and have a clean driving record.
However, ridesharing companies like Uber and Lyft have more rigorous screening processes, which include criminal background checks, driving history checks, and vehicle inspections. Ridesharing companies also use technology to monitor drivers’ behavior, including speed and route.
Some common reasons why someone may be ineligible to drive for a taxi company include the following:
Rideshare companies follow similar procedures regarding how they eliminate prospective drivers from consideration. However, they may also disqualify drivers for poor ratings or violations of their safety policies.
The following are some of the pros and cons regarding the safety of taxis.
Taxis are often owned and operated by taxi companies, which usually have maintenance facilities and mechanics to ensure their vehicles are in good working condition.
One of the major cons of taxis regarding safety is the lack of regulation and oversight in some areas. Taxis are often subject to less stringent safety standards than rideshare companies, which can lead to a higher risk of accidents and injuries. In addition, the traditional taxi-hailing process may put passengers in vulnerable situations, such as standing alone on the street at night, increasing the risk of robbery or assault.
There are also pros and cons when it comes to rideshare safety. Here’s a quick look at each.
Ridesharing companies do not own their vehicles; instead, drivers use their cars to provide rides. But most have policies to ensure drivers’ vehicles are well-maintained and meet safety standards.
Although rideshare companies have implemented background checks and training requirements for their drivers, there have been cases where unqualified individuals have slipped through the cracks.
Additionally, rideshare drivers are subject to different regulations than taxi drivers, which can result in inconsistencies in safety standards. There have also been concerns about the safety of passengers who may be picked up by strangers and taken to unfamiliar locations.
Finally, rideshare drivers may be more susceptible to distractions while driving, such as looking at their phones to navigate. These errors can increase the risk of accidents, leading to severe injuries requiring extensive treatment and physical therapy.
Both taxis and ridesharing companies have insurance policies that cover accidents that occur during a ride, but the amount and type of coverage differ. Taxis usually have commercial insurance that covers passengers and third-party liability. Ridesharing companies also have insurance policies that cover passengers and third-party liability. Still, the coverage may vary depending on the stage of the ride (i.e., whether the driver is en route to pick up a passenger, has a passenger in the car, or is waiting for a ride request).
There are several key differences in how these companies handle the situation when it comes to accidents involving taxis and rideshare companies.
Taxi companies typically have insurance policies that cover their drivers and passengers in the event of an accident. They also have procedures in place for reporting accidents and handling insurance claims. However, the process can often be lengthy and complicated, with passengers sometimes left to navigate the legal process on their own.
In contrast, rideshare companies like Uber and Lyft have insurance policies that cover their drivers and passengers. They also have in-app features that allow passengers to report accidents and contact emergency services quickly.
Both taxis and ridesharing services have safety features in place to protect passengers, but the level and types of safety features differ. Taxis usually have safety features such as seat belts, airbags, and GPS tracking.
Ridesharing companies have implemented safety features that go beyond those of taxis. For example, they use technology to monitor drivers’ behavior. They also have in-app safety features, such as an emergency button and a ridesharing feature that lets friends and family track a passenger’s ride in real-time.
As you can see, both taxis and ridesharing services have pros and cons regarding safety. While ridesharing companies have more rigorous driver screening processes and advanced safety features, taxis have more comprehensive insurance coverage. They’re also more likely to have well-maintained vehicles.
Ultimately, passengers should use their best judgment and take precautions when using either mode of transportation, such as wearing a seatbelt and verifying the driver’s identity before getting into the car.
If you find yourself in this situation, taking specific steps to protect yourself and any other passengers involved is essential.
The first step is to ensure everyone is safe and call for medical attention if necessary. Then, gather information from the driver, including their name, contact information, and insurance details. Take photos of the accident scene and any damage to the vehicles involved.
Next, report the accident to the ridesharing or taxi company and your insurance provider. Contacting an experienced personal injury attorney who can help you navigate the legal process and ensure you receive fair compensation for any injuries or damages is also a good idea.
An attorney with The Eberst Law Firm can help you obtain compensation if you’ve suffered an injury in an accident involving a rideshare or taxi service. Call 1-888-CALL-JON or use our online contact form to schedule a free case review.
There’s no doubt Florida is a great state to ride a bike. Unfortunately, it’s also a very dangerous place. Accidents occur far too often, and they can leave victims with devastating traumatic brain injury (TBI). A traumatic brain injury caused by a bicycle accident can lead to astronomical expenses and make it almost impossible to handle even the most basic of tasks.
If you or a loved one suffered a TBI in an accident caused by the negligence of a motorist or someone else, The Eberst Law Firm will be ready to help. We’ll investigate to determine who was to blame and then do everything we can to obtain maximum compensation on your behalf.
Schedule a free consultation by contacting us online or calling 1-888-CALL-JON.
There were nearly 6,000 bicycle collisions in our state in 2021 alone. This resulted in more than 5,500 injuries and, tragically, 169 fatalities. Investigations found that motorists were to blame for 140 deaths, and drivers were also to blame for 76% of accidents that resulted in severe injuries.
There are several causes of bicycle accidents in Florida, including the following:
Unfortunately, no. Florida has gained a reputation as one of the most unsafe states for cyclists in the United States. The state consistently ranks at or near the top of the list with the highest cyclist fatalities per capita. Our state averages 6.18 bicyclist fatalities per 100,000 population, more than 160% higher than the U.S. average.
One of the main reasons for the high number of cyclist fatalities in Florida is the lack of dedicated cycling infrastructure. Many of the state’s roads and highways were designed primarily for cars and didn’t include separate bike lanes or paths. Cyclists must share the road with cars, buses, and trucks.
Additionally, the state’s large population, high traffic volume, and heavy tourism contribute to cyclists’ dangers. Drivers may be distracted, aggressive, or not used to sharing the road with cyclists, which can lead to accidents and fatalities. Unfortunately, this means that a traumatic brain injury caused by a bicycle accident (or other severe injuries) is fairly common.
There are two main types of TBIs: closed and penetrating head injuries.
Closed-head injuries are the most common type of TBI, and they occur when a blow or jolt to the head doesn’t penetrate the skull. Closed head injuries can be further categorized into mild, moderate, or severe based on the severity of the symptoms. Symptoms of closed-head injuries can include headaches, dizziness, nausea, confusion, and memory loss.
Penetrating head injuries occur when an object penetrates the skull and enters the brain. Penetrating head injuries include gunshot wounds and injuries caused by sharp objects. These injuries can be severe, and symptoms can include loss of consciousness, seizures, and paralysis.
A TBI can have long-term consequences that affect a person’s physical, cognitive, and emotional abilities. Here’s a quick look at some of them:
As you might have already found out for yourself, the costs associated with a TBI can be substantial, to say the least. According to a study by the Centers for Disease Control and Prevention, the total lifetime cost of TBI can range from $85,000 to $3 million per person.
These are just some of the expenses related to a TBI:
Recovering damages after a bicycle accident can be a complex process, and it’s essential to seek legal guidance to understand your options. If you suffered an injury in a bicycle accident caused by the negligence of another party, you might be entitled to compensation for your damages. This compensation may include medical expenses, lost wages, and pain and suffering.
You may need to file a personal injury claim or lawsuit against the at-fault party to recover those damages. Your attorney must gather evidence to support your case, such as witness statements, police reports, and medical records. Working with an experienced personal injury attorney who can help you navigate the legal process and advocate for your rights is essential.
Obtaining full compensation requires a thorough understanding of the legal process and the assistance of a skilled attorney. The Eberst Law Firm has a team of such attorneys who know how to help bicyclists who suffer a TBI obtain the compensation they deserve. You can use our online contact form or call 1-888-CALL-JON for a free case evaluation.