Automobile Accidents

Injured While Riding a Bicycle in Florida

Published on: December 18, 2024 | Anthony Quackenbush, Esq.

Bicycle accidents can cause catastrophic injuries. Your body is completely exposed, and even a good bicycle helmet cannot protect you from the powerful impact of an oncoming vehicle. If you or someone you love has been injured due to an accident while riding a bicycle in Florida, please contact a Florida personal injury attorney who is experienced in bicycle accidents to help you receive the compensation you deserve.

Florida law

In Florida, a bicycle is considered a vehicle when riding on the road. Specifically, bicyclists are vulnerable road users, along with motorcyclists, skateboarders, pedestrians, and others not surrounded by the metal shell of a motor vehicle. There is currently no specific statute describing laws around vulnerable road users, but rules regarding bicyclists are sprinkled here and there in the statutes. For instance, Florida statute 316.083 states:

Photographic Evidence and Your Car Accident Claim

Published on: December 12, 2024 | Anthony Quackenbush, Esq.

Florida has one of the highest auto accident rates among all states. A major cause of accidents is distracted driving, frequently by one of the millions of visitors who come to our Sunshine State for vacation. Drivers who are unfamiliar with the area or who are looking for a particular attraction can cause an accident, even if the other drivers involved are observant and following all the rules of the road. Sometimes people just do unexpected things.

Of course, there are many other causes of accidents; it could be there was a malfunction in your car or the other person’s car. Roadwork or debris on the road from a storm can cause a hazardous situation. Or an accident can be caused by someone who is speeding, not following safe driving practices, or driving under the influence of drugs or alcohol.

A picture is worth a thousand words

Garbage Truck Accidents

Published on: November 26, 2024 | Anthony Quackenbush, Esq.

Garbage truck accidents are surprisingly common in Florida. Trash trucks stop frequently, are often out very early when it is still dark, and sometimes weave to each side of the road to collect trash. Accidents can be caused by driver error on the part of the truck driver or by error due to drivers around the truck.

Trash truck drivers can make the same kinds of mistakes as any other driver, but due to the size and weight of the garbage truck, they can cause much more damage than smaller vehicles. A truck is also not as responsive as a car, taking longer to accelerate and much longer to stop. Some of the most common trash truck accidents involve a truck not stopping in time and plowing into cars in front of it or driving through a stop light or stop sign.

Trucks have been known to tip over while making a turn or on tight off-ramps and on-ramps. When they are involved in accidents, they can spill trash on the road, causing a hazardous situation for other drivers. Trash truck drivers, like many truck drivers, drive for long hours and may be impaired by sleepiness. Sometimes alcohol and substance abuse can be the cause of truck driver error.

What to Do if You Have Been Injured by a Drunk Driver

Published on: October 5, 2024 | Anthony Quackenbush, Esq.

In a Florida personal injury case, you need to show that you have sustained injuries due to someone else’s negligence. Since drunk driving is clearly negligent behavior, if you have been injured in an accident involving a drunk driver, you could likely sue for compensation.

Operating a motor vehicle while intoxicated is, of course, against the law. In Florida, the blood alcohol content (BAC) level to be considered legally intoxicated varies. If the driver is a minor (under 21) the BAC legal limit is under 0.02%. If the driver is 21 or older, the legal limit is under 0.08%. If the driver is driving commercially (such as a truck driver), the limit is under 0.04%.

Someone who can “hold his liquor” may not even feel any effects of the alcohol at this level, but if the police arrive and a test shows the level is over the legal limit, that driver has committed a crime and has clearly been negligent.

Proving Distracted Driving That Caused an Accident In Florida

Published on: September 30, 2024 | Anthony Quackenbush, Esq.

Distracted driving is a serious problem in Florida. According to the Florida DOT, distracted driving can include anything that takes the driver’s attention away from the road. Types of distraction include:

Manual – taking hands off the wheel
Visual – taking eyes off the road

What You Need to Know about the Car Accident Police Report

Published on: July 23, 2024 | Anthony Quackenbush, Esq.

More than 200,000 car accidents occur in Florida each year. Sections 316.065-6 of the Florida Statutes require drivers involved in a crash to immediately contact local law enforcement if the crash results in or includes:

Any injury or death to a person
Property damage of at least $500

Assault, Damage, or Car Stolen in a Parking Lot – Who Is Responsible?

Published on: July 3, 2024 | Anthony Quackenbush, Esq.

Florida’s Premises Liability Law holds property owners accountable for injuries sustained by individuals when the injury occurs on their property, including in a parking lot or parking garage. However, the details of the case must fulfill the following four criteria:

The property owner owed a duty of care (The individual who was injured was on the property legally)
The property owner failed in that duty

Hit by an Uninsured Driver in Florida

Published on: June 12, 2024 | Anthony Quackenbush, Esq.

According to recent data, Florida has the highest percentage of uninsured drivers of any state, with over 25% of drivers being uninsured. If you are in a car accident caused by an uninsured motorist, you have several options to cover your expenses, starting with your own insurance.

Florida Insurance

Florida law requires that all vehicles be insured by a minimum of $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL). These two coverages provide some financial compensation for expenses related to your physical injuries and any damage you cause to another car or other property.

Damage Caps in Florida for Car Accidents

Published on: May 21, 2024 | Anthony Quackenbush, Esq.

How much will I receive in my Florida personal injury case? This is a common question that I hear. The answer depends on the extent of your injuries and the degree of negligence of the other party. It also depends on the expertise of the lawyer. As an experienced personal injury attorney with a track record of winning significant awards for my clients, I know what questions to ask and where to look to provide you with the maximum compensation for your injuries.

Personal injury lawsuits can be filed for any situation in which you believe you have been hurt due to the negligence of another party. Car accidents are a common cause of injuries for which compensation may be sought. Others may include accidents involving other types of vehicles, such as bicycles, off-road recreation vehicles, boats, and jet skis; defective or dangerous product injuries; slip-and-fall or trip-and-fall cases; medical malpractice; animal attacks; and unsafe premises.

Regardless of the cause of the personal injury, Florida law applies no caps on economic or non-economic damages, collectively referred to as compensatory damages. Florida does have a cap on punitive damages, which a jury may impose upon the party at fault as a form of punishment when gross or willful negligence has occurred. The cap on punitive damages is three times the compensatory damages or a maximum of $500,000.

Injured in a Large Truck Accident

Published on: April 24, 2024 | Anthony Quackenbush, Esq.

Commercial trucks are big vehicles. When they cause accidents here in Florida, they are usually serious with significant damage to the people in the other vehicles. The difference between an accident with another car and an accident with a large truck, such as a construction vehicle or a tractor-trailer full of products, is that trucks are usually connected to big companies with big insurance companies behind them. And those companies are experts in limiting or avoiding compensation to injured parties. If you are involved in a truck accident, you will not get the fair compensation you deserve without an experienced personal injury lawyer.

As a lifelong Florida resident and personal injury lawyer, I’ve represented many injured parties who were hurt by a truck. Trucks cannot stop or accelerate as quickly as automobiles; they can’t take tight turns and they swing wide; they sometimes drive over the yellow dividing line in the road; they often go through yellow or red lights, simply because it is easier than stopping a huge load; and frankly, some truck drivers (not all, but some) act like they own the road. Any one of these factors can cause an accident that seriously injures drivers and passengers in smaller, lighter vehicles.

Building your case