Motor Vehicle Accidents
Seeking Justice And Compensation For Bus Accident Victims
On Behalf of The Andres Lopez Law Firm , PA | July 27, 2023 | Motor Vehicle Accidents
Bus Accident Lawyer
Bus accidents can be devastating events, leading to catastrophic injuries, loss of life, and significant emotional trauma. These incidents can occur due to various factors, including reckless driving, mechanical failures, and inadequate maintenance. When such accidents happen, victims and their families are left grappling with the aftermath, facing medical bills, lost wages, and immense pain. In these difficult times, a bus accident lawyer plays a crucial role in seeking justice and compensation for the affected parties.
Understanding the Role of a Bus Accident Lawyer:
A bus accident lawyer is a legal professional specializing in personal injury law with expertise in handling cases specifically related to bus accidents. They are dedicated advocates who represent victims involved in bus-related incidents, including collisions with other vehicles, pedestrians, or bicyclists, as well as bus passengers injured due to driver negligence or any other negligence on the part of the bus company or authorities.
Investigation and Evidence Gathering:
One of the primary responsibilities of a bus accident lawyer is to conduct a comprehensive investigation into the accident. This involves gathering evidence from the accident scene, reviewing surveillance footage, interviewing witnesses, and collaborating with accident reconstruction experts to determine the cause of the collision. The lawyer’s goal is to establish liability and identify all responsible parties, which could include the bus driver, bus company, maintenance personnel, or even a third-party driver.
Legal Representation:
After collecting sufficient evidence, the bus accident lawyer represents their client in negotiations with insurance companies and, if necessary, in court. Insurance companies often try to settle claims quickly and for the least amount possible. A skilled lawyer will protect the rights of the victim and ensure they receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
Navigating Complex Laws and Regulations:
Bus accidents are governed by various state and federal laws, which can be complex and challenging to navigate. A bus accident lawyer possesses in-depth knowledge of these laws and regulations, making them well-equipped to handle the intricacies of such cases. They are familiar with statutes of limitations, liability caps, and other legal nuances that can significantly impact the outcome of a bus accident claim.
Dealing with Insurance Companies:
Dealing with insurance companies can be a daunting task, especially when the victim is already coping with injuries and emotional distress. A bus accident lawyer acts as an intermediary between the victim and the insurance company, protecting the victim from any potential manipulation or pressure to settle for less than what they deserve.
Compassionate Support:
Apart from providing legal expertise, bus accident lawyers also offer compassionate support to their clients during these trying times. They understand the emotional toll a bus accident can take on victims and their families and strive to provide a sense of comfort and reassurance throughout the legal process.
Advocating for Safer Transportation:
In addition to helping individual clients, bus accident lawyers also play a broader role in advocating for safer transportation policies and regulations. By representing victims and highlighting negligence on the part of bus companies or authorities, they contribute to the push for enhanced safety measures, better training for drivers, and improved maintenance standards within the transportation industry.
A bus accident lawyer’s dedication to seeking justice and compensation for victims of bus accidents is commendable. Their legal expertise, compassion, and commitment to ensuring that those affected by these tragic events receive the support they need make them essential allies for anyone dealing with the aftermath of a bus accident. If you or a loved one has been involved in a bus accident, seeking the counsel of a skilled bus accident lawyer can be a vital step towards obtaining the justice and compensation you deserve.
Advantages & Disadvantages Of Pursuing Damages
On Behalf of The Andres Lopez Law Firm , PA | July 9, 2023 | Motor Vehicle Accidents
Auto Accident Attorney
Car accidents are unpredictable events that can leave individuals with physical injuries, emotional distress, and financial burdens. In the aftermath of such an incident, victims often find themselves faced with the decision of whether to pursue damages through legal means. While seeking compensation can be a viable option, it is essential to understand the advantages and disadvantages involved. This blog post by our friends from Ward & Ward Law Firm aims to compare both sides, allowing accident victims to make informed choices when considering legal action.
Advantages of Pursuing Damages:
Compensation for Damages: One of the primary advantages of pursuing damages is the potential to receive compensation for various losses incurred due to the accident. This may include medical expenses, property damage, lost wages, and even pain and suffering. Recovering these damages can help the victim alleviate financial stress and move forward in their recovery process.
Holding the At-Fault Party Accountable: Filing a legal claim can help hold the at-fault party responsible for their actions. By seeking damages, victims assert their rights and seek justice for the harm they have suffered. Additionally, pursuing a legal case can act as a deterrent, potentially preventing the at-fault party from engaging in similar negligent behavior in the future.
Access to Expertise: Engaging a skilled auto accident attorney provides access to legal expertise and experience in handling auto accident cases. An attorney can navigate the complexities of the legal system, negotiate with insurance companies, and build a strong case on behalf of the victim.
Maximizing Insurance Settlement: Insurance companies may offer settlements to accident victims promptly, but these initial offers are often lower than what the victim truly deserves. By working with an attorney, victims can increase their chances of receiving a fair and just settlement that adequately covers their losses.
Peace of Mind: Dealing with the aftermath of an auto accident can be emotionally draining. Pursuing damages through legal channels allows victims to focus on their recovery and well-being while leaving the legal aspects to a capable attorney.
Disadvantages of Pursuing Damages:
Time-Consuming Process: Seeking damages after an auto accident can be a time-consuming process. Legal cases involve gathering evidence, negotiating with insurance companies, and potentially going to trial. This can lead to delays in receiving compensation, which may be challenging for individuals facing immediate financial pressures.
Legal Expenses: Engaging a personal injury attorney comes with costs. While most attorneys work on a contingency fee basis (taking a percentage of the settlement), some expenses, such as court fees or expert witness fees, may still fall on the victim. It is essential to discuss fee arrangements with the attorney before proceeding.
Uncertain Outcomes: Legal cases are inherently unpredictable, and there are no guarantees of a favorable outcome. Even with a strong case, factors such as the judge’s ruling or the effectiveness of the defense’s arguments can influence the final decision.
Emotional Strain: Going through a legal battle while recovering from injuries can be emotionally taxing for accident victims. Reliving the details of the accident and dealing with legal proceedings may exacerbate emotional distress.
Potential Counterclaims: In some cases, the at-fault party may file a counterclaim against the victim, alleging that they were partially responsible for the accident. This can complicate the case and reduce the overall amount of compensation the victim may receive.
Deciding whether to pursue damages after an auto accident requires careful consideration of the advantages and disadvantages involved. While seeking compensation can provide financial relief and hold the responsible party accountable, it is essential to be aware of the potential challenges, such as time constraints and emotional strain. Consulting with a knowledgeable personal injury attorney can help accident victims understand their options better and make informed choices to protect their rights and interests in the aftermath of an auto accident.
What you need to collect after a car accident
On Behalf of The Andres Lopez Law Firm , PA | May 30, 2023 | Motor Vehicle Accidents
While car accidents in Florida can be chaotic, those involved must exchange personal details and insurance information before parting ways. However, you may not know what information to collect or what to do if others involved in the accident are uncooperative.
Essential information to collect
After a car crash, you want to get information like the names of others involved and their telephone numbers. Get their car insurance information, including the company’s name, phone number and information from their insurance card, like the expiration date and policy number.
Ensure you get details regarding the other vehicles involved, like the license plate number and make and model.
Use the camera on your phone to make collecting this information easier. You can snap a picture of the license plate or the insurance card. While you have your phone out, take pictures of the accident scene.
Calling the police after motor vehicle accidents is highly recommended. Even if the accident seems minor, contacting the police will ensure a report is filed. Jot down the names of the officers who respond to the accident.
Dealing with uncooperative drivers
Some drivers may refuse to give you their insurance and personal information after a car accident. They may fear criminal charges. Maintain a level head and stay calm when dealing with irate drivers. Don’t try to force them to give you their information. Instead, wait for the police to arrive and collect what information you can without their cooperation.
While car accidents can be scary, collecting essential information regarding others involved and the police who filed the report will give you the best chance at getting compensation later.
2021 traffic fatality stats arrive in Florida
On Behalf of The Andres Lopez Law Firm , PA | April 30, 2023 | Motor Vehicle Accidents
Reviewing accident statistics in the United States can be sobering. Even during years when injuries and fatalities decline, the total number of injured or fatally wounded remains uncomfortably high. Florida drivers should make safety a priority when driving, but many do not. Their reckless behavior sometimes results in pedestrian deaths.
2021 and pedestrian fatalities
The National Highway Traffic Safety Administration (NHTSA) released figures detailing 2021’s traffic accident statistics. Traffic fatalities increased by 10.5% from 2020, and pedestrian deaths increased by 13%. Unlike passengers in vehicles, pedestrians have no safety features, such as airbags or seat belts, to protect them. They become entirely vulnerable when hit by a car.
Distracted driving ranks as one of the top causes of accidents. Some examples of distracted driving are well-known, such as texting or eating behind the wheel. However, distractions could come in other forms, including conversing with a passenger or tending to a pet outside of a carrying case. Ultimately, any action that takes a driver’s attention and dexterity away from safely operating a car could leave the driver open to a negligence suit if their distractions lead to a pedestrian’s injury or death.
Additional examples of negligent behavior
Speeding plays a tremendous role in an unfortunate number of motor vehicle accidents each year. Drivers might rely too much on technology to warn them of an impending crash, not realizing how excessive speeds make avoidance challenging. Regardless, speeding is illegal under all circumstances, and drivers should not try to manage speeding or any other moving violations.
Driving under the influence continues to take drivers, pedestrians and passengers’ lives each year. That fact will not likely change in the coming years, no matter how much effort goes into awareness campaigns. So, pedestrians must remain alert to intoxicated or reckless drivers. Persons hurt by these drivers could file a civil claim.
Suing a drunk driver
On Behalf of The Andres Lopez Law Firm , PA | April 30, 2023 | Motor Vehicle Accidents
Drivers in Florida and around the country are expected to do everything that they reasonably can to protect other road users, and they fail to meet this duty when they get behind the wheel after drinking or using drugs. Drunk driving accidents kill about 10,000 people each year and injure tens of thousands more, but drunk drivers that crash are not always at fault. Some people believe that intoxicated drivers are always responsible if they are involved in accidents because they can be arrested, but being charged with DUI does not automatically make a driver liable in civil court.
Proximate cause
The plaintiffs in motor vehicle accident lawsuits must prove by a preponderance of the evidence that the defendant’s negligent actions were the proximate cause of their injury, loss or damage. That means they must convince the court that they would not have been hurt if the defendant had acted responsibly. Drunk drivers act negligently by getting behind the wheel, but they cannot be the proximate cause of an accident victim’s injuries if they did nothing else wrong. However, this is rarely the case in drunk driving crashes.
Pure comparative negligence
Most traffic accidents are caused by a combination of factors, and the blame is often shared by all of the drivers involved. Some states bar accident victims from recovering damages if they bear any responsibility, but Florida follows the pure comparative negligence doctrine. This means that an accident victim in Florida can sue and recover damages even if they were 99% responsible for causing the accident that injured them. However, the damages they are awarded will be reduced by 99% to reflect their share of the blame.
No-fault insurance
If you are injured in a motor vehicle accident in Florida, your degree of fault will determine the amount of damages you are awarded if you decide to file a personal injury lawsuit. This is why you should be very careful about what you say to the other driver. You will not have to worry about blame if you file an insurance claim because Florida is a no-fault state, but assigning blame will be very important if you choose to sue.
Dealing with trauma after a car accident
On Behalf of The Andres Lopez Law Firm , PA | March 30, 2023 | Motor Vehicle Accidents
Car accidents often cause physical trauma. However, even after broken bones or other injuries heal, the psychological trauma from an accident may linger or worsen for many people in Florida. It helps to know how to manage this trauma.
Signs of trauma after an auto accident
Some common signs of PTSD or anxiety after a car accident are difficulty sleeping and nightmares. Many people develop a fear of driving cars or even riding in them. It is also common to experience guilt, anger and mood swings. Some people also have panic attacks, and the symptoms are uncomfortable enough that they may feel like a medical emergency. Managing trauma is important to improve quality of life.
Ways to manage trauma after a car crash
Motor vehicle accidents are impossible to forget. However, there are ways to cope with the experience. One helpful tip is to practice deep breathing while driving. Listening to calming music or a calming podcast at a low volume may help some drivers. It helps ensure the seat is at the right angle and level for comfort. Also, temperature comfort is important. A comfortable driver tends to be less distracted or worried. Sleeping before driving and leaving enough space between cars on the road can also help reduce anxiety.
Working through the emotional trauma caused by a car accident takes time. Some people may also need counseling to discuss their experiences and learn valuable coping methods. This is especially true for people who suffered severe and permanent injuries. If the accident’s psychological effects interfere with daily life, a counselor can help. Remember that self-care practices are critical for living a fuller life after a serious car accident.
Car accidents are inflicting more severe harm lately
On Behalf of The Andres Lopez Law Firm , PA | March 30, 2023 | Motor Vehicle Accidents
Motor vehicle collisions are not uncommon in Florida, and trends suggest these crashes are becoming more dangerous. Some may feel surprised that car crashes appear to inflict more harm and cause more severe accidents. Modern technology added many more safety features, and years of public awareness campaigns helped educate people about the risks of reckless behaviors. Even so, other factors play a role in the increase in vehicle accidents and their severity.
Dangerous modern trends
CCC Intelligent Solutions, a digital and data tech company for the insurance and automobile industry, released a report that examines various emerging accident trends, as evidenced by automobile accident claims. The claims suggest the increase in severe accidents derives from several factors, including more distractions and heavier vehicles, among other reasons.
While many advanced tech-based safety features attempt to make driving less dangerous, technology also contributes to distractions. Infotainment displays that allow drivers to make phone calls or engage with smartphone apps may take concentration away from the wheel and the road. Of course, people may fall victim to perennial distracting behaviors, such as rubbernecking or eating while driving.
People now drive bigger and heavier vehicles. The SUV remains one of the more popular vehicles, and some models carry massive weight. Pickup trucks gained mainstream appeal, and shoppers may purchase powerful super-duty models for routine commuting and vacation pursuits. Because of their size and weight, these vehicles can inflict tremendous damage on cars they crash into.
Negligence claims
Auto insurance claims often seek compensation for property damage and bodily injury suffered from motor vehicle accidents. Larger vehicles may cause crushing injuries or fatalities, which could leave the victims or their survivors seeking compensation from the negligent party.
Distracted, intoxicated or reckless drivers could be solely at fault for any harm they inflict. An insurance settlement could cover a victim’s losses, but some cases may require going to court when the offer is insufficient.
Car Accidents in Florida
On Behalf of The Andres Lopez Law Firm , PA | February 24, 2023 | Motor Vehicle Accidents
Motor vehicle accidents in Florida are among the most common personal injury cases we see today. Often, these are caused by road structures, driver negligence, or environmental conditions. In 2021 alone, there were 401,540 reported crashes in the state of Florida which is more than 50,000 than the year before.
This state consists of two major highways, the Florida Turnpike and I-95. In the last few years, the state has begun construction on I-95 to expand it as more people move south. With an increased population, the former highway structure cannot handle the growing traffic congestion. Increases in vehicle traffic can lead to higher driver error and car accidents.
Driver negligence is a major cause of car accidents today, and if someone is involved in an accident due to someone else’s negligence, a lawyer can assist the victim get compensated for his or her injuries. When involved in an accident, group health insurance companies usually do not cover the costs related to the injury. With the assistance of a lawyer, the victim can receive a payment from the person who caused the accident. Monetary compensation can help cover the costs of the victims medical bills, and depending on the injury, the long term effects of the accident.
Driver error can include speeding, swerving, driver inattention, driving under the influence and more. In Florida, to prove negligence an injured party must establish the following four elements: duty owed to injured party, the defendant’s breach of that duty, which approximately caused the injury and damages suffered as a result of the accident.
Duty is the understanding that drivers will avoid accidents, drive attentively and defensively at all times. A breach of that duty occurs when someone fails to drive attentively or defensively. For example, a person who is speeding or a person who fails to slow down when it is raining, or a person who is drinking and driving. There are many ways in which a driver can breach the duty of care.
Proximate cause refers to the fact that the driver’s negligence actually caused the victim’s injuries. Lastly, damage is the injury caused by the accident (i.e.physical harm, loss of function, a permanent injury, or death). In Florida, there is the no-fault insurance law. This means that victims cannot file negligence claims unless one of the above serious injuries has occurred.
If a victim has sustained serious injuries, they may be entitled to monetary compensation. This payment can help any economic/noneconomic losses that occurred as a result of the car accident. The attorney can help you make a claim for lost wages, bodily injuries, pain and suffering. To have your case evaluated please call the Andres Lopez Law Firm at 754-208-1199.
The connection between road rage and car crashes
On Behalf of The Andres Lopez Law Firm , PA | February 24, 2023 | Motor Vehicle Accidents
“Road rage” is a term that describes aggressive or violent behavior exhibited by drivers on the road. This kind of behavior can result in a dangerous situation for Florida drivers and other road users, and in some cases, it can lead to car crashes.
Road rage triggers
Road rage is often triggered by frustration, stress and anger that a driver experiences while on the road. This can be due to traffic congestion, being late for an appointment or a driver feeling they have been wronged by another driver.
When a driver experiences road rage, they may engage in reckless driving behaviors such as speeding, tailgating, cutting off other drivers or even physical violence.
How car crashes can result from road rage
Speeding and tailgating can reduce a driver’s reaction, making it more difficult for them to avoid collisions. Cutting off other drivers can cause sudden braking or swerving, leading to collisions with other vehicles or obstacles.
According to a study by the AAA Foundation for Traffic Safety, almost 80% of drivers admitted to experiencing road rage at least once in the past year. Moreover, more than half of the drivers involved in car crashes admitted to engaging in aggressive driving behavior before their motor vehicle accidents.
Road rage prevention
To prevent road rage from causing car crashes, drivers can take several measures. Drivers can learn to manage their emotions while driving and avoid situations that may trigger road rage. If a driver feels that they are getting angry or frustrated while on the road, they should take a break and calm down before continuing their journey.
Additionally, drivers can practice defensive driving, which involves being aware of potential hazards on the road and maintaining a safe distance from other vehicles. Defensive driving can also help prevent the need for sudden braking or swerving, which can cause accidents.
Law enforcement agencies can take steps to prevent road rage by increasing enforcement of traffic laws and penalties for aggressive driving behavior. This includes issuing fines or license suspensions for drivers who engage in road rage or aggressive driving behaviors.
Road rage is avoidable
Road rage is a significant factor in car crashes and can be a danger to both the driver and other road users. By taking steps to manage emotions while driving, practicing defensive driving and increasing law enforcement efforts, drivers and authorities can work together to prevent road rage and promote safer roads for everyone.
Four typical reasons for car accidents
On Behalf of The Andres Lopez Law Firm , PA | February 20, 2023 | Motor Vehicle Accidents
Vehicle collisions in Florida can range from minor fender benders to catastrophic accidents. Car crash victims could suffer injuries that leave them with high medical bills and problems in many areas of their life due to injuries. While some accidents are unpreventable, safer driving and better awareness could reduce the number of collisions. Learning about the common reasons for car crashes could help those wishing to be more defensive.
Reasons for car accidents
Car accidents happen for many reasons, but four causes repeatedly appear in accident reports. The four common reasons are:
- Speeding
- Impaired Driving
- Weather/Road Conditions
- Distracted Driving
Speeding ranks among the most common moving violations drivers commit. Pressing down on the gas pedal and not worrying about how fast the vehicle travels might typify the attitude of a reckless driver. However, even driving slightly above the speed limit brings dangerous. It becomes hard to react in time when traveling too fast on the road. Also, getting a vehicle to a stop becomes more challenging at high speeds.
Icy or slick roads bring dangers, and drivers must make adjustments. Speeding or making unsafe lane changes in the rain, snow or fog could be reckless actions. Not making driving changes to deal with the weather conditions could be hazardous.
Reckless reasons for crashes
Impaired driving commonly refers to operating a vehicle while intoxicated. However, a driver could suffer impairments from legal prescriptions or over-the-counter medicine. Even driving fatigued or ill might result in impaired reactions and perceptions that could lead to a crash.
Motor vehicle accidents caused by distracted driving often result from bad habits like rubbernecking or directing attention toward tech devices. Scores of different behaviors might cause distractions and subsequent car accidents.
Four common reasons contribute to many car crashes. Accident victims could file negligence claims after the crashes occur.