Florida Personal Injury Law Firm
Zephyrhills and Dade City Personal injury Lawyer, Robert Alston Helps Injury Victims Recover Much Needed Compensation
When someone is injured in a Zephyrhills or Dade City accident, families are often impacted. The financial and emotional effect that an accident has on an individual or family can be disastrous. Lengthy hospital stays, ongoing physical therapy, lingering pain and mounting medical bills are all things that Florida accident victims must face. Thankfully, Florida law allows injury victims to bring a claim for damages against the party or parties that are responsible for their injuries. These lawsuits, referred to as personal injury claims, can provide accident victims and their families with compensation to help them get through what is understandably a challenging time.
Level the Playing Field
Attorney Robert Alston is a Florida native who has dedicated his career to helping people obtain the compensation they need and deserve.
At my Zephyrhills and Dade City personal injury law firm, I help those who have been injured in serious Florida car accidents recover for their injuries. Having represented injury victims since 2002, I understand that the recovery process is a difficult one and take every step possible to make it as easy as possible on you and your family. Whether it be ensuring that you receive the necessary medical treatment, negotiating with a difficult insurance company or litigating your case at trial, I can help you at every step along the way.
Car Accidents
Car accidents are among the most common type of Florida personal injury claims. Indeed, there are nearly 1,100 Florida car accidents each day, most of which are entirely preventable.
Car Accidents and Duty of Care
Florida motorists owe a duty of care to those with whom they share the road. This duty requires that motorists not only follow all posted traffic laws and signs, but also that motorists exercise sound judgment when behind the wheel. According to recent statistics assembled by the Florida Department of Highway Safety and Motor Vehicles, the top causes of Florida car accidents are:
Negligent or careless operation
Running a stop sign or red light
Failure to yield the right-of-way
Speeding or traveling too fast for conditions
PROVING YOUR CAR ACCIDENT CASE
To establish liability in a Florida car accident claim, an injured motorist must show that the named defendant violated a duty of care that was owed to the injured motorist, and that the defendant’s breach of that duty resulted in the plaintiff’s injuries. Florida courts break a car accident claim down into four main elements:
DUTY OF CARE
Under Florida law, all drivers owe a duty of care to other motorists. This duty requires drivers to obey all traffic signs and laws, but also that they operate their vehicles in a safe and responsible manner. However, lapses in judgment occur, and when they do, other motorists are put at risk.
In the majority of Florida auto accident cases, duty is not at issue because it is commonly understood that all drivers have a responsibility to operate their vehicles safely.
PROVING YOUR CAR ACCIDENT CASE
Duty of Care
Under Florida law, all drivers owe a duty of care to other motorists. This duty requires drivers to obey all traffic signs and laws, but also that they operate their vehicles in a safe and responsible manner. However, lapses in judgment occur, and when they do, other motorists are put at risk.
In the majority of Florida auto accident cases, duty is not at issue because it is commonly understood that all drivers have a responsibility to operate their vehicles safely.
Breach of Duty
Each of the remaining three elements, including breach of duty, require an accident victim to present supporting evidence.
For example, if you were injured in a drunk driving accident, you may present evidence of the defendant’s conviction for DUI. This will help prove that the other driver violated his or her duty to operate a vehicle in a way that would not harm others.
Causation
Causation can be tricky to understand. The Florida Standard Jury Instructions explain that a defendant’s negligence is considered the legal cause of another’s injury if the defendant actions “in natural and continuous sequence produces or contributes substantially to producing such injury, so that it can reasonably be said that, but for the negligence, the injury would not have occurred.”
In other words, you must prove you would not have been injured but for the negligence of the defendant.
ACTUAL DAMAGES
An injured party must establish that they suffered actual damages to recover in a Florida car accident lawsuit.
Damages are often proven by presenting evidence of medical treatment, missed work, and testimony regarding the effect the accident had on the injured party’s life.
Learn More About Florida Car Accidents
According to the most recent statistics assembled by the Florida State government:
Aggressive Driving
AGGRESSIVE DRIVING
Speeding and other forms of aggressive driving are a leading cause of Florida car accidents, with approximately 27 percent of all fatal accidents caused by speeding alone. Other forms of aggressive driving include weaving through traffic, tailgating, sudden lane changes and running red lights.
FREE REPORT:
5 Mistakes That Will Cost You After Your Accident
Attorney Alston’s former career in the insurance industry and his extensive experience handling personal injury law allows him to make the process as straightforward for his clients as possible.
Truck Accidents
Semi-trucks and other large commercial vehicles are primarily responsible for transporting goods across the country. With some of the state’s largest cities located in the far south of the state, Florida highways see a significant amount of truck traffic.
Florida Truck Accidents
Florida has the third-highest rate of fatal truck accidents in the United States.
There are over 35,000 Florida truck accidents each year, and over 38,000 Florida bus accidents each year. Florida truck accident cases are different from other motor vehicle accident cases in a few key ways. The transportation business is complex, and there are often several businesses involved. There may also be multiple insurance companies involved.
In many truck accident cases, there may be several potentially liable parties, such as the owner of the truck and the truck driver’s employer. However, liability in these instances can depend on the phrasing of a contract or insurance policy. Thus, a knowledgeable Florida truck accident lawyer can be especially helpful in these cases.
DRIVER-RELATED TRUCK ACCIDENTS
While truck drivers owe a duty to others on the road, too frequently, truckers fail to take precautionary steps to ensure the safety of those around them. The Federal Motor Carrier Safety Administration separates fatal truck accidents into three categories: driver-related, environment-related and equipment-related. Driver-related accidents are further classified as follows:
Decision: 38%
Non-Performance: 12%
Recognition: 28%
Performance: 9%
Motorcycle Accidents
Florida is a large state with a big population, which means more bikes on the road and more land on which to ride them. Additionally, the weather in Florida is nice enough to allow for year-round riding.
Florida Motorcycle Accidents
Florida accidents most often involve other cars. However, every year in Florida there are more than 9,000 motorcycle accidents.
While motorcyclists enjoy the same right to use the road as other motorists, injured motorcyclists may face some hurdles when pursuing a claim for compensation against drivers of other vehicles.
In large part, this is due to the pervasive and incorrect belief that motorcyclists as a group are aggressive drivers. Motorists interact with hundreds, if not thousands of cars per day. However, motorists see far fewer motorcyclists, and even a single negative interaction can taint a person’s perception. Thus, when pursuing a Florida motorcycle accident claim, it is essential that injury victims select a personal injury lawyer who is aware of the social stigma motorcyclists face and knows how to overcome it.
Can I Recover Damages if I Was Not Wearing a Helmet?
Fortunately, under Florida law, the answer is yes.
A common question among Florida motorcycle accident victims is whether they can still recover for their injuries if they were not wearing a helmet at the time of the collision. Under Florida law, a defendant in a motorcycle accident lawsuit cannot use evidence of a victim’s decision not to wear a helmet to claim they were not at fault for causing the accident. However, under the state’s comparative negligence laws, a defendant may be able to argue that the victim’s injuries would not have been severe. If successful, the defendant may be able to reduce the amount of compensation owed to the injured motorcyclist. However, the burden to prove that a helmet would have prevented or lessened the motorcyclist’s injuries rests with the defendant. A skilled Florida motorcycle accident lawyer can help accident victims negate this type of defense by presenting expert witness testimony.
Motorcycle Accidents in Florida
Motorcycles offer a great way for commuters and casual riders to get out and enjoy Florida’s beautiful weather and scenery. However, riding a motorcycle is also quite dangerous.
Every Year IN FLORIDA THERE ARE OVER
9,700
MOTORCYCLEaccidents
According to the National Highway Traffic Safety Administration, Florida motorcycle accidents result in over 7,500 injuries per year, and an additional 500 deaths.
There are approximately 9,700 Florida motorcycle accidents each year, 9,122 resulting in injury, and 502 resulting in at least one fatality. Motorcyclists were wearing DOT-approved helmets in more than half of fatal Florida motorcycle accidents.
9,122
RESULT IN INJURIES
502
RESULT IN FATALITIES
Do I Need a Florida Personal Injury Lawyer?
One of the most common questions Florida motor vehicle accident victims have after an accident is whether they need to hire a lawyer. Strictly speaking, accident victims do not need a lawyer; however, having an attorney represent an accident victim’s interests will make the process much smoother (and potentially quicker) than proceeding unrepresented.
While each case is different, the vast majority of Florida motor vehicle accident claims are settled without the need for a trial. Not only can hiring an experienced Florida personal injury attorney make the recovery process more straightforward, but it can also potentially result in a more robust damages award.
Florida injury lawyers assist clients with
- Ensuring you receive the proper medical care in a timely manner
- Arranging for an investigation
- Gathering all necessary documentation
- Submitting claims to insurance companies
- Negotiating settlement proposals
- Preparing and filing the complaint
- Drafting and arguing pre-trial motions
RECOVER MORE WITH AN ATTORNEY
Can I Afford a Personal Injury Lawyer?
Hiring the right lawyer to handle a Florida personal injury lawsuit can be one of the single most important decisions an accident victim makes regarding their case. However, many accident victims are not in a good place financially following a major accident. How can they afford a lawyer?
Payouts are higher with a lawyer
We cover the costs of your case
3.5x
Insurance payouts to injured people are 3.5 times higher when working with an attorney.
40%
People represented by an attorney receive settlements in car accident cases that are 40 percent higher than those without an attorney.
Fees & Costs
At the Disability Law Firm, we ease the financial strains incurred after sustaining injuries in an auto-accident. Our firm works on a contingency basis. We will not get paid unless you receive payment for your injuries.
This allows you to focus on your medical care and recovery without the added concern of paying for medical bills and attorney fees. While you focus on getting better, we pursue your claim and fight for your compensation.
We advance all the costs associated with your case and conduct any additional investigation.
Contact an Experienced Florida Personal Injury Lawyer for Immediate Assistance
TALK TO A LAWYER
Those who have been injured in a serious car accident, truck accident, or motorcycle accident should consult with an experienced Florida personal injury attorney to discuss how they can recover for their injuries.
