Automobile Accidents

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

Work with the Right Doctor If You Are Injured in an Accident

Published on: April 15, 2024 | Anthony Quackenbush, Esq.

If you have been injured in an accident here in Florida, make sure you are treated by a doctor who is an expert in accident injuries, because not all doctors know what to look for, especially in car accident victims, slip-and-fall victims, and those injured by recreational vehicles or sporting equipment. Here in Florida, the vacation destination of the world, injuries are unfortunately not rare. As a personal injury attorney and lifetime Florida resident, I am committed to helping my fellow Floridians get the compensation they need when they are injured due to the negligence of others.

If medical personnel come to the scene of your injury, or if you are transported by ambulance to a hospital for immediate treatment, do not refuse such treatment. An immediate examination to find any obvious injuries and any possible internal bleeding or other critical medical emergencies is always a good idea. But be sure to follow up with specialists.

PIP Coverage

Hit by a Rental Car in Florida – What Should You Do?

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

Florida is the number one tourism state in the country, and many of those millions of tourists every year choose to rent a car. Unfortunately, being in an unfamiliar vehicle in unfamiliar territory is often a dangerous combination, which is why our beautiful state has one of the highest rates of auto accidents in the country. If you are hit by someone driving a rental car, there are a few things you should know.

What to do in the event of an accident

Regardless of who is driving what type of car, there are certain things everyone in Florida should do immediately after an accident and within the subsequent days:

Will Rental Car Insurance Protect You When Renting a Car in Florida?

Published on: March 13, 2024 | Anthony Quackenbush, Esq.

While you are not required to purchase insurance from the rental company, it might be a good idea to do so. Insurance can cover car damage or injury, in the event that you are involved in an accident.

If you have auto insurance already, you may not need to pay for additional coverage from the rental company. Most personal insurance policies cover rental cars, as well. However, check your policy or call the company to confirm and to determine if there are any limits or exceptions – for instance, renting certain types of vehicles or renting for extended periods of time. You may also want to fill in any gaps in your personal insurance with rental insurance.

Types of insurance coverage