Wimauma Car Accident Lawyer

Wimauma Car Accident Attorney

There are numerous scenarios where someone else’s negligence can lead to injuring another person. Among them, car accidents are one of the most common. If you or a loved one has been hurt in a traffic accident, get in contact with a Wimauma car accident lawyer as soon as you can. They can help guide you as you navigate healing while also attempting to recover appropriate damages from the person who caused the accident.

Unfortunately, accidents happen every day in Wimauma and within Hillsborough County as a whole, especially along Highways US-301 and I-75, which are some of the roadways where the most accidents occur in the county. Hillsborough is additionally among the 75th percentile of counties with the highest rates of car crashes across the state. Despite their frequency and how minor your accident may have been, your experience deserves to be heard and compensated.

Common Reasons for Car Collisions in FL

Car accidents are exceedingly common across the country and rank high among the leading causes of annual injuries and deaths; Florida is no exception to this. Vehicle crashes can occur from several different circumstances, such as:

• Inattentive drivers: Distracted drivers can fail to notice traffic lights and signs or may be unable to stop or slow down in time for sudden breaking vehicles, pedestrians, and other obstacles. Phone usage such as texting, reading, and talking on the phone/video-calling are common distractions. Driving while eating, drinking, or performing hygiene practices is also dangerous. Engaging in conversation, messing with the radio, noisy passengers such as children, being absorbed in stressful thoughts or daydreaming, mental planning or recollection, and outside visual or auditory distractions are other examples of factors that cause negligent driving.
• Reckless driving behaviors: Reckless behavior while operating a vehicle is often purposefully negligent, such as driving drunk or while impaired by drugs. Driving under the influence (DUI), in addition to driving when fatigued, can impact the motorist’s capacity to effectively notice and process their vehicle’s movement and the circumstances around them. This impairment will affect the driver’s reaction time, and overall faculties such as vision and mental clarity will also be impaired.
• Traffic violations: Traffic infractions are similar to other types of reckless driving. Ignoring traffic regulations and indicators can result in violations that are likely to cause an accident with the potential for serious injuries and damages. Illegal turns, dismissive use of traffic lights, failure to yield to right-of-way, ignoring stop signs, and driving above speed limits are all examples of dangerous traffic violations. It’s also a risk that pedestrians or cyclists won’t closely follow traffic laws, will ignore visual indicators, or may be unaware of oncoming drivers. Drivers should remain conscious of pedestrians in their blind spots, crossing outside of crosswalks, walking too early, or doing any other unexpected actions.
• Speeding: Speeding accidents have a high potential for severe damage and injury. Speeding drivers have a reduced ability to easily and quickly control their vehicles. This affects their capacity to slow down and lengthens the time required to sufficiently slow down in response to sudden traffic changes or obstacles. Even driving just slightly above the speed limit greatly increases the chances of a serious or fatal injury, such as traumatic brain damage, to involved parties in a speeding accident.

Accidents Caused by Elderly Drivers in Florida

Florida has the largest population of elderly people, with 18 percent of residents aged 65 years or older. Elderly drivers certainly don’t lack road experience, but the declining faculties and developing health conditions typical of old age can naturally increase their chances of getting in (and being injured in) an auto accident.

Older motorists can often experience diminished vision, hearing loss, heart condition, or other medical complications/infirmities that impact their capacity to drive cautiously at all times. Some observed hazards of elderly drivers are moving at speeds significantly above or below local speed limits, failure to see traffic signs and signals, not yielding, inability to stop on time, and suddenly changing lanes or veering outside their lane.

Additionally, older drivers are less likely to notice their surroundings before taking action, such as unexpectedly changing directions or proceeding through an intersection. Florida legislature has installed laws regarding elderly motorists to promote better road safety; the Florida Department of Highway Safety and Motor Vehicles (DHSMV) requires drivers aged 80 or older to pass a professionally conducted medical vision exam.

Passing allows residents to submit a Mature Driver Vision Test form, while failing may result in a referral to an eye physician. Statutes also require elderly drivers to have an additional left-side rearview mirror, automatic transmission, power steering, mechanical directional signals, a steering wheel knob or grip, hand controls/pedal extensions, and seat cushions. Older drivers must also wear hearing aids when driving and cannot operate a vehicle during nighttime hours.

Filing a Claim for a Personal Injury Case in FL

If you sustained bodily harm as a result of a car accident in Wimauma, FL, there are steps you can take to help your chances of receiving adequate compensation. Be sure to call local law enforcement promptly after the incident occurs, as they will send emergency medical services to the accident site, document the scene, and report the testimony of witnesses and all involved parties. They will also ticket any at-fault drivers, making it easier to recover damages.

You should also get the contact and insurance information from the other driver and info to contact any eyewitnesses later, as their testimony may be valuable in corroborating your story should the case reach trial. Take pictures of the car collision, documenting the environment and the extent/location of property damage to both vehicles.

It’s also crucial to seek medical attention immediately after a car accident, even if you don’t feel injured. Not only are some symptoms of physical injury delayed or internal damages only discoverable by a medical physician, but seeking treatment creates a record of your physical state after the incident. Ensure you obtain all medical documentation and bills related to your injury or hospital visit.

Personal Injury Attorney’s Contingency Fee in Florida

When lawyers practice, they typically work on a contingency basis to avoid putting accident victims at further financial risk. This means that your attorney is paid through a percentage of your settlement payout, and if they are unable to secure compensation for the damages you incurred, you generally do not have to pay for their services beyond some filing/ court fees. If your injury lawyer does earn you compensation for the damages, they are legally entitled to 40 percent of the settlement amount.

Typically, before an attorney provides any of their services for your case, they will discuss the percentage they’ll take should they win the case. Once you approve their contingency fee, you’ll sign a contingency agreement; this prevents any disagreements or uncertainty regarding the percentage potentially changing during legal proceedings.

Should your settlement exceed a million dollars but not exceed two million, your injury attorney is entitled to an additional fee for their services, up to 30 percent, on top of their primary payment at the originally agreed-upon percentage. For payouts above two million dollars, the additional fee is reduced to up to 20 percent.

Some cases are settled before reaching the courtroom. For settlement amounts that are under a million dollars, lawyers can take up to 33.3 percent and up to 20 percent for settlements amounting to more than a million but less than two million dollars. Payouts exceeding two million dollars will allow attorneys to take up to 15 percent.

Car Accident Lawyer FAQs

Q: Who Pays for Car Damage in Florida’s No-Fault Statute?

A: Per Florida’s no-fault law for car crashes, each party’s own insurance covers the damages they sustained regardless of who may be at fault. However, you are still allowed to seek compensation from the liable driver under some circumstances.

If someone in an accident was injured “seriously” by the state’s standards, particularly when the extent of harm is more than the victim’s insurance covers, they may receive compensation for outstanding losses in filing a claim.

Q: Can Someone Sue You Personally After a Car Accident in Florida?

A: Yes, someone can sue after a car accident. Drivers require coverage for personal injury protection, but if their damages exceed their insurance limits, they can seek compensation if the other party is more responsible.

Liability is typically shared between parties, but if you’re below 50% responsible for the accident, you are allowed to pursue a settlement. Your payout would be reduced by the percent you’re found liable. If found to be more than 50% responsible, you are rendered unentitled to compensation.

Q: What Is the 14-Day Accident Law in Florida?

A: Under Florida’s no-fault system, the 14-day accident law specifies that victims of car collisions must seek medical attention and treatment within 14 days of their crash. If an injured victim fails to meet this deadline, their personal injury insurance provider will be unable to pay for the medical care that they received. Sometimes, insurance companies will even falsely assert that their client didn’t seek treatment during the mandated period in order to deny their claim.

Q: How Much Does a Lawyer Get from a Car Accident Settlement in Florida?

A: Lawyers are entitled to up to 40% of accident settlements that reach trial. For compensations between one and two million, lawyers are entitled to an additional fee, up to 30%, on top of their original payment; for settlements of more than two million, up to 20%.

For cases that don’t reach trial and earn below a million, lawyers may take 33.3%. Settlements between one and two million entail payment up to 20%, and above two million allow attorneys to take 15%.

Speak with a Qualified Accident Lawyer Who Can Manage Your Case

At The Frank Santini Law Firm, our legal professionals are educated in personal injury law and have extensive experience in handling car accident claims. Schedule an initial consultation with one of our compassionate and skilled attorneys.