Florida auto accident

A Car Accident Was Not Your Fault AND You Have to Have Surgery?

Published on: March 22, 2025 | Anthony Quackenbush, Esq.

If you’ve been seriously injured in a car accident in Florida caused by someone else’s negligence, you need an experienced Florida personal injury attorney to fight for you while you are recovering to make sure you get the compensation you deserve for your injuries. Don’t try to tackle the insurance companies alone. You need an advocate at your side who knows how to deal with them and how to get significant awards for your injuries.

There is no such thing as a “minor” auto accident – until a doctor has thoroughly examined you and several months have passed with no lingering effects from the accident, do not assume that you are fine. Lingering back pain or neck pain could be a sign of a spinal cord injury. Shoulder injury from your seatbelt or tightness in the chest could mean torn tissue or cracked ribs.

Injuries that may lead to surgery could include:

What Is Diminished Earnings Capacity?

Published on: March 18, 2025 | Anthony Quackenbush, Esq.

When you have been injured in an accident in Florida caused by someone else’s negligence, you have the right to sue for compensation for your injuries, expenses, lost income, and pain and suffering. The injury could be due to a car accident or other vehicular accident, an accident at work, a faulty product, or a slip and fall incident or other injury caused by unsafe premises. It could be caused by medical malpractice or an attack by a vicious animal. Whatever the cause of the injury, you will need an experienced personal injury attorney to help you collect the full compensation you deserve for the injuries you sustained due to someone else’s negligence.

Defining diminished earning capacity

Diminished earning capacity is also known as future lost earnings. It is distinct from lost wages in that lost wages are income lost since the accident, usually with an estimated time period for your recovery. Lost wages need to be documented using tax returns, pay stubs, and days missed.

What Is a PIP Claim and Do You Need an Attorney?

Published on: March 10, 2025 | Anthony Quackenbush, Esq.

In Florida, every automobile owner is required to carry auto insurance which includes Personal Injury Protection (PIP) coverage. 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 result in a loss in wages, PIP can cover up to 60% of these lost wages, up to $10,000. PIP also provides death benefits of $5,000 to surviving family members for each person killed due to an accident.

PIP covers insurance to the named insured person, relatives living in the same household, anyone operating the insured vehicle with the owner’s permission, passengers in the insured vehicle, and anyone struck and injured by the insured vehicle while not an occupant of another vehicle.

There are requirements to receive this coverage, however. In order to qualify for PIP coverage, you must be examined by an approved medical provider within 14 days of the accident. If you delay, you will not be eligible for PIP benefits. You must also contact your insurance company within the timeframe that is required by your insurance policy, or they will have grounds to deny your claim.

Accidents Due to Road Conditions – Who Is Responsible? Can You Sue?

Published on: February 12, 2025 | Anthony Quackenbush, Esq.

It is possible to sue a government entity for harm caused by negligence, but the government and the courts do not make it easy. If you believe poor road conditions, maintenance, or signage contributed to your traffic accident, you will require an experienced Florida personal injury lawyer to help you with your Florida personal injury lawsuit against the government.

Road conditions and responsible parties

Anyone who owns property has a duty to keep that property safe. When negligence leads to injury, the owner may be liable to compensate the injured party. It is the same for government municipalities that own or maintain roads.

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.

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

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.

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