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As electric bikes and scooters become more popular, accidents and injuries associated with them are naturally also on the rise. These injuries can occur when the rider is struck by another vehicle on the road, but they can also occur from unsafe surfaces or from a manufacturer’s defect in the e-vehicle or in your protective equipment. If you’ve been injured riding an e-bike or e-scooter and you think someone else’s negligence contributed to your injuries, you may be able to receive financial compensation for your injuries and damages.

Reasons for increased injury

One of the differences between electric bikes, scooters, and even skateboards is that they can go significantly faster than their non-electric counterparts. Drivers may not be prepared for the sudden appearance of someone on a micromobility vehicle, and riders may not be aware of the seriousness of injury that can occur when falling off one of these electric devices.

When a person buys insurance in Florida, whether it is auto insurance, home insurance, fire, flood, or hurricane coverage, they expect to receive financial compensation when they have a claim, as stipulated by the policy, and receive it in a timely manner. Unfortunately, that is not always the case when a policyholder submits a claim. Sometimes, insurers use various tactics to delay, deny, or under-compensate claims. This is not acceptable behavior; it is considered acting in “bad faith,” and you have legal recourse to recover your full policy coverage plus damages.

Florida has laws that govern how insurance companies interact with their policyholders. In a nutshell, bad faith actions may include:

  •  Unreasonable delays in responses and payments

When you have been injured due to someone else’s negligence in Florida, you may have the right to compensation for your injuries, lost income, and other losses. This includes injuries sustained in any type of vehicle accident (on land, sea, or air), from unsafe premises, including hotels and public places, and from animal attacks and product malfunctions. It also includes recreational accidents (such as extreme sports, amusement parks, and other recreational activities widely available in Florida) and medical malpractice.

Whatever the source of your injury, it is critically important that you and your friends and family avoid sharing any information on social media that may jeopardize your case.

Proving negligence

When it comes to automobile accidents, Florida follows a no-fault insurance policy. This means that drivers are required to carry Personal Injury Protection (PIP) on their auto insurance, which covers drivers (and passengers and family) when they are involved in an accident. There are certain rules and limitations, but essentially, it will cover up to $10,000 in medical expenses and up to $10,000 of lost wages.

The PIP law was enacted to decrease lawsuits, and it has succeeded in that respect. However, what if your medical expenses and lost wages far exceed what PIP covers, and/or you have also experienced significant property damage? In Florida, you may sue for additional compensation after PIP, and that is where fault comes in.

Understanding comparative fault in Florida

Historically, Florida residents who experienced emotional distress due to the negligence of another person were not able to prevail in a personal injury lawsuit unless the psychological trauma was associated with a physical injury. This is referred to as the “impact rule.” In other words, a plaintiff cannot recover for emotional distress unless that distress arises from physical injuries caused by physical impact.

However, recent changes in the legal environment in Florida have opened up the possibility that, in certain clear-cut and serious cases, a victim who has experienced emotional or psychological harm, PTSD, or other mental health issue clearly caused by the accident or event may receive compensation when the emotional distress has led to physical harm—in a sense, the reverse of the impact rule.

Emotional Distress and the Impact Rule

Commercial trucks account for less than 5% of highway vehicles but 12% of all traffic fatalities. More than half of the miles logged by trucks each year are on the highways at high speeds. In some busy corridors, including in Florida, every fourth vehicle is a truck. Sadly, Florida has one of the highest rates of truck accident fatalities in the nation. The vast majority of the deaths are not of the truck driver—they are, sadly, victims in other vehicles involved in the accident.

Because of the size and weight of trucks and the frequently higher speeds, injuries from truck accidents are often more severe than car accidents. Some common severe injuries include:

  • Broken bones and severed limbs

The term “fender bender” is a colloquialism people use to refer to a seemingly small accident that causes minor injuries to the vehicles involved. But in legal terms, it’s an accident. And all accidents should be taken seriously.

Even a minor bump that caused little damage to your car could cause damage to your body if you were jerked suddenly or if you were turning to look over your shoulder at the time. The spine and neck are very delicate and can be easily injured. Don’t take any accident lightly.

What to do immediately after a minor accident

Florida is a no-fault insurance state, which means drivers must carry Personal Injury Protection (PIP) coverage to pay for their accident-related medical expenses, regardless of who was at fault in the accident. This no-fault system also restricts an injured party’s right to sue for pain and suffering. Injured victims can only sue the at-fault party for non-economic damages under certain circumstances, such as death, permanent injury, and serious disfigurement. 

Receiving damages in Florida

The first step after an accident is to see a doctor within 14 days in order to be eligible for any PIP coverage, which is carried on your auto insurance policy. If you don’t have car insurance and live with a family member who does, their insurance will be used. PIP covers up to 80% of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, regardless of who caused the crash. If a person’s injuries cause the person a loss in wages, PIP can cover up to 60% of these lost wages, up to the $10,000 limit.

Medical device failures occur more often than most people realize, and they can have catastrophic effects on the health of the individuals who were supposed to be helped by them. 

Lawsuits for medical device failures often fall under the category of product liability law. However, medical malpractice lawsuits often include medical device failure as part of the suit. For instance, if a device had a known or knowable defect and the medical provider used it anyway, both the provider and the manufacturer would be held at fault for your injuries.

If you believe you have been injured by a faulty medical device, don’t wait to seek the help of an experienced personal injury lawyer. As a Florida personal injury attorney, I have expertise in all aspects of medical malpractice and product liability law, and I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence.

When we think of medical malpractice, we usually think of a doctor or other medical provider making a mistake, such as a negligent surgical error, negligence in treatment or diagnosis, and other such avoidable mistakes that can have long-term consequences for the patient. But some medical malpractice involves medical devices used during treatment.

Medical devices are defined in Florida law as any instruments, implements, apparatus, and machines that are used to diagnose or treat conditions or that may affect the body’s function or structure without chemical action. These can include surgical instruments, implants and prosthetics, and diagnostic tools, among others.

If you believe you have been injured by negligence in medical care you received, contact us from anywhere in Florida to see how we can help you. We are experts in medical malpractice cases.

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