Auto Accident Attorney of Naples, FL

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Motor Vehicle Accident Blog

Seat Belts — Naples, FL — Auto Accident Attorney
By Admin 12 Mar, 2024
Comparative negligence is a legal concept that refers to the amount or percentage of fault that a person shares for their own injuries. In the context of an auto accident, comparative negligence may reduce the recovery of an injured party, even though the accident was someone else’s fault. Under Florida Statute Section 316.614(10) the failure to use seat belts can be considered “comparative negligence.” That is known as “the seatbelt defense.” Since Florida law requires all occupants of a motor vehicle (with only a few limited exceptions) to wear a seatbelt, failure to do so can be used against you if you are injured in a motor vehicle accident, by reducing the compensation to which you would otherwise be entitled. The seat belt defense only requires that the following be proven: The victim was not wearing a seatbelt at the time of the accident. The victim had a fully functional seatbelt available. The victim’s injuries were caused or made worse as a result of failure to wear a seatbelt. Injuries caused by failure to wear a seatbelt are often the result of total or partial ejection from the vehicle. That is fairly obvious and easy to prove. However, seatbelt violation injuries can also often result from impact with other passengers in the vehicle, or with the steering wheel, dashboard, windows or other parts of the vehicle. The cause of those injuries is more debatable but still creates an unnecessary problem. Buckle up, Stay Safe and avoid the “seat belt defense”!  At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.
02 Mar, 2024
In Florida, after an auto accident, you may be required by your own insurance company to have an Independent Medical Exam (IME), also known as a Compulsory Medical Exam (CME). This is a medical exam by a physician of their choice. That doctor has no responsibility for your health. Beware! This doctor is not your friend. They are not your doctor. They are hired by the insurance company to cut off your benefits (if they can justify it). They do that by minimizing your injuries and finding that your condition does not warrant further medical treatment, because you are at “Maximum Medical Improvement” (MMI). So, they are hired to help the insurance company justify terminating your Personal Injury Protection (PIP) insurance benefits. Often these doctors are not MDs or DOs but rather are chiropractors who are advising your insurance company that you are at MMI when they are not even licensed to prescribe medications or provide surgical treatment. Yet they are passing judgement on whether you need any more medical treatment.  Under Florida law auto insurance companies are required to provide PIP coverage which will pay up to $10,000 for your medical expenses, whether or not the MVA was your fault. That way there is immediate money to pay for (and you can then get) medical treatment. However, some insurance companies are more concerned about their profits than about the welfare of their insureds. So, if they can justify cutting off your PIP benefits, short of the full $10,000, they are saving money. Unfortunately, there is fine print in your policy which allows them to require you to submit to an IME. So, when you go to that exam, be sure to be complete about all of the medical problems, aches and pains the accident has caused. Of course, tell the truth, but don’t understate your medical problems. Insist on telling the IME doctor of any further treatment that you or your doctors think you need. Also, know that you are entitled to have the IME videoed by your own videographer so you can have a complete record of what was said and done at your IME. Call our office if you have any questions.
Click It or Ticket — Naples, FL — Auto Accident Attorney
26 Sep, 2023
Failure to use seat belts is a traffic violation that can get you a ticket in all states but one. New Hampshire is the only State where it is not against the law. It is a primary traffic violation in Florida. That law, Florida Statute Section 316.614 became effective on June 30, 2009. It requires all drivers, front seat passengers and children under the age of 18 to fasten their seat belts. The driver, as well as the passenger can be cited for a violation. Children under 5 must be in child restraint devices appropriate for their age and size. As for backseat passengers over 18, it is a secondary violation, but they are still required to wear a seatbelt. Primary enforcement means that a law enforcement officer is permitted to stop and issue a citation to a driver and passenger if they see a violation of the seat belt law. There are about 17 states that are secondary, rather than primary enforcement states. Secondary enforcement means that the officer can only issue a ticket for a seat belt violation if they have stopped you for some other traffic violation (like speeding). But, except for backseat passengers over 18, Florida is not one of those states. There are several consequences for a violation. A seatbelt ticket carries of fine of $30 for an adult violation and $60 for a violation involving a child (under the age of 18). A court appearance is not necessary, however if the fine is not paid within 30 days it can result in suspension of your license pursuant to F.S. Sec.316.15(1)(a). If you chose to go to court and are convicted, court costs and administrative fees can be added. In addition, 3 points will go on your driving record. That is something that auto insurance companies will notice and can result in higher insurance rates. This ticket is a non-moving violation, so it will not count against or be a basis for suspension of your license (unless the violation involved a failure to use a child restraint for a child under age 5). Buckle up, Stay Safe and avoid a ticket! At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.
Buckle Up Icon — Naples, FL — Auto Accident Attorney
05 Sep, 2023
Seat belts are a life-saving necessity. According to the US Department of Transportation, National Highway Traffic Safety Administration: - In 2021 there were 26,325 passenger vehicle deaths. Approximately 50% of them were not using seat belts. - Wearing seatbelts in passenger vehicles saved an estimated 14,955 lives in 2017. - Wearing seatbelts reduces the risk of fatal injuries by 45% and moderate to critical injuries by 50%. Those benefits are even higher if you are travelling in a light truck. Not buckling up is a bad choice, whether you are in the front or back seat. A seat belt will prevent you from being totally ejected from the vehicle, which is almost always fatal. Airbags are not a substitute for seatbelts. They are designed to work together. The force of the airbag can cause serious injury or death if you are not buckled up. Seatbelts must be worn properly. They are designed to distribute force across your pelvis and rib cage, which are better able to withstand crash forces than other parts of your body. It is not a good idea to put the shoulder belt behind your back or under your arm. Remember, in any collision, this simple action significantly increases your chances of survival.  Buckle up and Stay Safe! At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.
24 Aug, 2023
Federal law first required manufacturers to equip all vehicles with seat belts in 1968. At first this only required lap belts. This was modified in 1991 to require 3-point lap and shoulder belts that are now common in all vehicles manufactured in the United States. The use of seat belts is a different story. That has been left up to individual state law, and those laws may vary from one state to another. Here are 3 good reasons to always use your seat belt: Using seat belts has statistically been proven to save lives and reduce injuries. Failure to use seat belts is a traffic violation that can get you a ticket in all states but one. Failure to use seat belts can in many states be used against you if you are injured in a motor vehicle accident, by reducing the compensation to which you would otherwise be entitled. Please review the next posts in this series for further details on these reasons to use seatbelts. At Auto Accident Attorney of Naples, we wish you safe travels; but if you are injured in an accident, you are welcome to call us if you have any questions, for a free consultation.
Doctor Checking Patient — Naples, FL — Auto Accident Attorney
30 May, 2023
In Florida, after an auto accident, you may be required by your own insurance company to have an Independent Medical Exam (IME), also known as a Compulsory Medical Exam (CME). This is a medical exam by a physician of their choice. That doctor has no responsibility for your health. Beware! This doctor is not your friend. They are not your doctor. They are hired by the insurance company to cut off your benefits (if they can justify it). They do that by minimizing your injuries and finding that your condition does not warrant further medical treatment, because you are at “Maximum Medical Improvement” (MMI). So, they are hired to help the insurance company justify terminating your Personal Injury Protection (PIP) insurance benefits. Often these doctors are not MDs or DOs but rather are chiropractors who are advising your insurance company that you are at MMI when they are not even licensed to prescribe medications or provide surgical treatment. Yet they are passing judgement on whether you need any more medical treatment. Under Florida law auto insurance companies are required to provide PIP coverage which will pay up to $10,000 for your medical expenses, whether or not the MVA was your fault. That way there is immediate money to pay for (and you can then get) medical treatment. However, some insurance companies are more concerned about their profits than about the welfare of their insureds. So, if they can justify cutting off your PIP benefits, short of the full $10,000, they are saving money. Unfortunately, there is fine print in your policy which allows them to require you to submit to an IME. So, when you go to that exam, be sure to be complete about all of the medical problems, aches and pains the accident has caused. Of course, tell the truth, but don’t understate your medical problems. Insist on telling the IME doctor of any further treatment that you or your doctors think you need. Also, know that you are entitled to have the IME videoed by your own videographer so you can have a complete record of what was said and done at your IME. Call our office if you have any questions.
Traffic Accident — Naples, FL — Auto Accident Attorney of Naples FL
23 Dec, 2022
Have you been in a motor vehicle accident? You may be asking, “why hire an attorney?” An attorney can help you get the medical treatment you need. Many doctors do not work with car accident cases and will not accept car accident insurance. We are familiar with many good doctors in our community who do. Even if you do not have health insurance or are not able to pay up front, we can help you find and make arrangements with doctors who will provide the medical treatments you need. An attorney will also help you get compensated for the injuries you sustained in the accident and can also help alleviate much of the time and stress of dealing with the insurance companies. An attorney can deal with your health insurance (if you have any) and help take care of your medical bills after the PIP (Personal Injury Protection) runs out. Finally, an attorney will help you negotiate with the insurance company’s adjuster to reach a fair settlement which will pay the balance of your medical bills and compensate you for your losses and other damages. Give us a call (239)298-8375 for a free consultation.The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.
Woman Holding A Phone | Naples, Florida | Auto Accident Attorney of Naples, FL
By websitebuilder 11 Nov, 2022
It costs nothing to speak to an attorney about your car accident. In Florida attorneys charge a contingent fee, which means a percentage of any settlement or recovery – so no recovery, no fee. But failing to get good legal advice promptly can cost you a lot! For example: 1) You lose $10,000 of PIP insurance coverage for your own medical expenses if you miss the PIP deadline for treatment. 2) You lose if you can’t prove that the accident was not your fault. Important evidence is lost if you don’t take photos of the scene, of your injuries or allowed your vehicle or the other to be totaled and salvaged before evidence is preserved. 3) You lose time and money if you don’t know what insurance pays for your medical treatment and how to coordinate the benefits of your PIP and your health insurance. 4) You suffer more pain, delay your recovery, and jeopardize your health if you don’t know which doctors or specialists to see. Speaking to an experienced attorney ASAP after a car accident will cost you nothing. We will get your questions answered and will ensure that you are not missing something or making mistakes along the way. Call us. I am a personal injury attorney who take your injuries personally.
By websitebuilder 22 Sep, 2022
Did you know in Florida you can waive (not purchase) Uninsured Motorist (UM) coverage on your car insurance policy. DON’T DO IT! - even if your insurance agent suggests it - and if they do, find a new insurance agent who cares about you more than making a quick sale. The problem is that in Florida you can also waive ( not purchase) Bodily Injury (BI) Liability Coverage. Many Floridians opt not to pay for BI coverage. So, when they hit you, they have no insurance to cover the damage they caused to you. In fact, Florida ranks number 1 in the nation for the highest proportion of uninsured drivers, with more than 30% of all drivers having inadequate or no BI insurance. The only way to protect yourself is to buy UM coverage. UM coverage is probably the most important coverage you can buy if you are in a crash caused by someone who doesn’t have any or enough liability coverage because it protects you, your family, and your other passengers. It is sad when we see families who can’t get the medical care they need or are not prepared for the financial fallout caused by an auto accident where there is no coverage. Our advice is to buy as much as you can afford.
Man Giving Paper | Naples, Florida | Auto Accident Attorney of Naples, FL
By Ari 29 Sep, 2021
If you have been injured in an auto accident that was caused by someone else, don’t be in a rush to settle your injury claim.  There […] The post Don’t Be in a Rush to Settle Your Auto Accident Injury Claim first appeared on Auto Accident Attorneys in Naples FL.
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