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Author: Dumas Sanclemente Law PLLC

  • Distracted driving: The hidden danger on the roads

    Eating, drinking, texting and talking to our companions are mundane things we do. However, pair them with driving and they become a distraction that can lead to a serious mishap. Thinking that we can multitask while driving is one step closer to an accident waiting to happen.

    Even if we think our attention is 100% on the road when driving, there are subtle acts we think are a normal part of driving but are actually distractions. These include checking the navigation system, adjusting the side mirrors and tuning the radio.

    What if you find yourself in a distracted driving accident?

    A motor vehicle crash results not only in injuries, but also serious financial implications for all involved parties. This includes expenses for medical care and treatment and property damage repairs, among others.

    Now, if you are a victim of a distracted driving accident, you have two main options depending on the severity of your injury. First, you can file a claim from your insurance company to compensate for minor injuries. Florida is a no-fault car insurance state so even if the other driver was at fault for driving while distracted, you will have to recover compensation from your insurer instead.

    Second, you can file a personal injury lawsuit against the negligent driver for extremely serious injuries, such as permanent disability and loss of a bodily function.

    How do you know which option to pursue?

    While you are recovering from your injury and other losses, you are in a vulnerable position. Hence, it may be unclear which option you should pursue. Having an experienced attorney review your injuries and overall situation can help you assess the best remedy to maximize your recovery potential.

  • Hit-and-run accident leads to bicyclist’s death

    A Florida teenager lost his life in Hendry County after a sport utility vehicle struck his bike. The SUV driver was recently arrested in connection with the accident after fleeing the crash scene. His arrest came a little over a month after the hit-and-run accident.

    How the accident happened

    The Florida crash happened on a Thursday. Police reported that a boy, 15, was riding a bike along a road. A 28-year-old man was driving a sport utility vehicle on the road at the time and reportedly hit the boy’s bike.

    Authorities said the man fled the crash scene in his vehicle. Meanwhile, the teenager was pronounced dead at the crash scene. Police said they discovered and impounded the man’s vehicle the next day and arrested him on a recent Friday. He now faces charges of vehicular homicide, leaving an accident scene involving someone’s death and being involved in a deadly accident after driving with a revoked driver’s license.

    How an attorney can help following the accident

    The surviving loved ones of the teenage bicyclist who died in the Florida accident may opt to file a wrongful death claim against the arrested man, seeking damages. If the man is convicted on his criminal charges, proof of the conviction may be presented in a related civil court proceeding with the goal of establishing his liability for the fatal hit-and-run accident. A successfully litigated suit may lead to monetary damages to cover accident-related losses, such as the bicyclist’s funeral expenses.

  • 1 dead, 1 injured in motorcycle wreck

    A motorcyclist was killed in Florida after a car struck his bike. Authorities arrived on the scene of the 8:45 p.m. accident to discover that the biker was already dead. Another person suffered injuries in the wreck.

    Events leading to the motor vehicle crash

    The recent Florida accident took place at about 8:45 p.m. According to police, a woman, 19, was driving a sport utility vehicle west along an avenue. Meanwhile, a male motorcyclist, 26, was going east along the road.

    Authorities said the SUV driver made a left turn onto an Interstate 75 on-ramp and crashed into the motorcycle. The biker died from his accident-related injuries. The SUV driver suffered minor injuries in the collision.

    Legal recourse available following the accident

    Authorities may determine through their investigation that the driver of the sport utility vehicle caused the accident by failing to yield the right of way to the motorcyclist. In this situation, the deceased motorcyclist’s surviving loved ones may choose to file a wrongful death claim against the sport utility vehicle driver, seeking the reimbursement of monetary damages sustained as a result of the accident. Liability has to be established, based upon a showing of negligence, before their damage claim will be adjudicated.

    If the motorcyclist’s family members are successful in their claim, they may receive monetary damages to cover the motorcyclist’s funeral costs and the loss of support for his surviving dependents. No amount of money can reverse the events leading to the fatal Florida motorcycle accident. However, financial damages may help the motorcyclist’s loved ones experience a sense of justice following the crash.

  • Recovering property damage compensation after a car crash

    A car crash often leaves survivors not only with bodily injuries and emotional distress but also with tangible property damage.

    In Florida, drivers must have at least a $10,000 property damage liability insurance for crashes they cause. This rule means they must pay if the damage to the other party’s vehicle exceeds their policy’s limit. On the other hand, if drivers want reimbursement for damages to their vehicle, collision insurance is an option to pay for repairs regardless of who is to blame or when the at-fault party flees the scene.

    However, crash scenarios significantly differ based on the extent of damage, terms of insurance policies and out-of-pocket losses incurred. Thus, establishing these considerations can help claimants recover the compensation they deserve.

    What damages can a claimant seek?

    After an accident, drivers must assess whether it is still possible to repair their car or if salvaging it will be more costly. So, if the total loss threshold exceeds 80% of the vehicle’s actual cash value, then repairing it is not worth it.

    The following are common damages to watch out for:

    • Minimal repairs for scrapes or dents
    • Rental car, towing, towing or fuel fees while the damaged vehicle is in a repair shop
    • Lost personal items inside the car that need replacement, such as shattered eyeglasses or broken gadgets
    • Total loss or when a “totaled” car is beyond repair, which means repair costs outweigh the car’s value before the crash happened
    • Diminished value or when a car is fixable, but it reduces the vehicle’s pre-crash value

    This list is not exhaustive and can expand when there are numerous vehicles involved or disputes arise. When the at-fault party has insufficient or lacks coverage to pay for all parties’ damages, drivers must ensure they have enough coverage to pay for their expenses.

    Why does professional counsel matter before making a claim?

    Filing for a property damage claim can quickly become complex, especially when it comes to physical injuries, deaths and multiple parties – drivers, passengers, vehicle owners and insurance companies. Initial low settlement offers are typical when everyone’s trying to save time and money. Thus, dependable counsel is crucial to prevent unjust offers and to ensure maximized claims. Doing so can also aid survivors to focus on healing while their legal team works on their compensation.

  • Steps To Take Immediately After A Car Accident

    A car accident can quickly become a huge legal and financial nightmare. You should know how to protect yourself if you ever find yourself in one.

    Report the accident

    If you are physically able to make a call, dial 911 and report the accident. The operator will ask you questions regarding your location, whether you or anyone else sustained injuries and the extent of the damages. They may ask you to describe the crash scene. Give specific details, but avoid explaining who is to blame for the accident. The operator should notify the police regarding the accident. The police report will be included in your documentation. Remain on the scene and wait for the police or paramedics to arrive.

    Make sure you are safe

    An accident can happen anywhere, even at a busy intersection. Do what you can to ensure you are in a safe position, not one where you become a hazard to other road users. If you can drive, move your vehicle to the right shoulder.

    Gather evidence and information

    Documentation and information can play a vital role in receiving maximum compensation. While waiting for the police, you can gather evidence by taking photos and videos of the crash from different angles. The images and video recordings can also allow you to account for dangerous weather conditions and road hazards.

    Look around to see whether there may be proof that will help you should either you or one of the parties involved pursue a lawsuit. If the other driver is still on the scene, you should ask for their complete contact information and exchange vehicle details. Request for their insurance information as well. You may also capture videos of the other driver if they show signs of intoxication, such as slurred speech and difficulty balancing.

    Check for witnesses and obtain their testimonies

    You can get the names and contact information of people who witnessed the crash because you may need them to testify in court. Ask them to give you their account of the accident, as eyewitness testimonies will be beneficial for insurance claims.

    Get medical attention

    Once the paramedics or police arrive, they will ask you if you need medical attention. It would be best if you did not refuse because you could have sustained injuries from the collision without realizing it. If they do not immediately treat you at the crash scene, you should still go to a hospital for a comprehensive examination. Medical records and tests will also be part of your documentation.

  • What auto insurance adjusters do and how they impact your claim

    Immediately notifying your insurance provider is critical to initiating a claim to help cover your medical costs and lost wages following a car accident. An insurance claims adjuster will investigate your case and work with you until you get your settlement. However, adjusters, known for their tactics to rush cases and minimize payouts, can be challenging to deal with.

    Understanding how the process works may help you achieve a fair settlement and facilitate a smoother claims process.

    The role of an insurance claims adjuster in your car accident

    After filing a car insurance claim, a claims adjuster becomes your primary point of contact. Their role is to figure out how much the insurance company is responsible for in the accident. To do this, they will scrutinize the events that led up to the accident alongside your driving history and medical records. With this information, they will determine if the company is liable at all and put a price on the damages you suffered.

    Adjusters may act like they are on your side, but the reality is that they are representing the insurance company. You can attempt to negotiate with them, but they will do everything possible to get you to accept a lower amount. Regrettably, adjusters do not always act in the policyholder’s best interest, as their primary focus is to help the company.

    Preparing to deal with an insurance claims adjuster

    Negotiations might become frustrating, but staying calm when dealing with an adjuster is essential. In addition, do not give a recorded statement or provide more than basic information on the accident and your injuries. The adjuster may use these to your disadvantage.

    The aftermath of an accident can be overwhelming, but do not let this pressure you into accepting your insurer’s initial offer. It may be insufficient to cover your current and potential expenses.

    Accepting a settlement means forgoing any future claims. After a car accident, victims sometimes experience delayed symptoms that require further medical attention. If you already settled, you will not be able to file an additional claim.

    An attorney can examine your case and assist you with the negotiation process. If the task proves too challenging for you to handle at this time, the attorney can also manage all interactions with the insurance company on your behalf.

  • Addressing the sensitive topic of driving in the golden years

    Growing older often brings about changes in physical and mental capabilities. For many seniors, these changes can impact their ability to operate a vehicle safely. The CDC reported that car accidents killed 7,500 older people in 2020 and sent 200,000 others to the emergency room.

    If you have elderly parents, the responsibility may fall on you to discuss the potentially sensitive topic of giving up driving. While it is a difficult conversation to have, prioritizing their safety and the safety of others on the road is of utmost importance. Knowing when and how to approach this topic can make the conversation more constructive and less confrontational.

    Changes in driving behavior

    Watch for signs that indicate your parents might be struggling with driving. This can include noticeable hesitancy, difficulty navigating turns or frequent close calls. If you observe such changes, it is time to have a heart-to-heart conversation.

    Physical limitations

    Physical ailments like deteriorating vision, hearing problems or reduced reflexes can seriously impair driving abilities. If your parents have health conditions that affect these faculties, consider discussing alternative transportation options.

    Cognitive challenges

    If your parents begin to show signs of forgetfulness, confusion or other cognitive difficulties, these can pose significant risks on the road. Recognizing these changes early can help you address the driving issue before it becomes a larger concern.

    Feedback from others

    Sometimes, friends, neighbors or other family members might voice concerns about your parents’ driving. Take these concerns seriously and use them as a starting point for your discussion.

    Choose the right time and place

    The setting and timing of the conversation matter. Choose a quiet, comfortable place without distractions. Avoid bringing up the topic immediately after a driving incident, as emotions might run high. Instead, find a neutral time to discuss your concerns calmly.

    Offer alternatives

    Remember, driving often represents independence for many seniors. When discussing the idea of giving up driving, come prepared with alternative transportation options. This could include public transportation, rideshare services or a schedule where family members assist with transportation.

    Discussing driving limitations with your elderly parents is a delicate matter. Approach the conversation with understanding, empathy and a genuine concern for their well-being. By recognizing the signs and being proactive, you can ensure their safety and the safety of others, all while preserving their dignity. Remember, the goal is to provide them with a quality life, even if it means making challenging decisions.

  • Teenager dies in Florida bicycle crash

    A teenage boy was killed in Florida after a commercial vehicle struck the bike he was riding. Authorities found the seriously injured boy upon arriving at the scene of the 6:30 a.m. collision. It was not immediately clear whether the driver who allegedly caused the accident would face criminal charges in connection with the crash.

    Events leading up to the bicycle accident

    The recent Florida accident occurred on a recent Tuesday. Police said a 14-year-old boy was riding his bike to school when a van reportedly hit him. The boy was transported to a medical center by helicopter, where he passed away.

    Authorities said the van driver was leaving a parking lot at the time of the accident. They said the driver stayed at the crash scene and spoke with police before being permitted to leave. The van belonged to a local plumbing company.

    How an attorney can help following the crash

    The teenage boy’s surviving family members may opt to file a wrongful death claim against the van driver, seeking damages. The van driver’s employer may also be named as a defendant in the lawsuit. A judge will decide their claim for damages once they establish liability before the civil court hearing the case.

    If the boy’s loved ones are successful in court, they may receive financial damages to cover his funeral costs. The damages awarded following the fatal Florida bike accident cannot reverse the events resulting in the accident, but they may help the boy’s family members move on from the ordeal.

  • Motorcycle crash leads to 1 death

    A man was killed in Florida after a car crashed into his motorcycle. Police arrived on the scene of the 11:24 p.m. motor vehicle crash to find the man dead. The accident occurred along Gulf Beach Highway. 

    Accident details 

    The recent Florida took place on a Wednesday. According to authorities, a 41-year-old man was operating his motorcycle west on the highway. Meanwhile, an 81-year-old woman was driving a pickup truck south on a nearby road. 

    Police said the woman tried to turn left from the road onto the highway. However, she reportedly failed to yield to the highway’s oncoming traffic. The front part of the motorcycle struck the driver’s side door of the pickup. The biker was pronounced dead at the crash scene. 

    How an attorney can help following the crash 

    The surviving family members of the motorcyclist may choose to file a wrongful death claim against the car driver, seeking the reimbursement of financial damages sustained due to the fatal motorcycle accident. Liability must first be established in civil court, based upon a showing of negligence. Once that is accomplished, the claim for damages will be adjudicated.  

    A successfully fought claim might result in monetary damages to cover the motorcyclist’s burial costs. It may also lead to damages to cover the loss of support for the motorcyclist’s surviving dependents. No amount of money can undo the events leading to the fatal motorcycle accident, but financial damages may help the motorcyclist’s family members experience a sense of justice and more easily move forward from the tragic Florida accident. 

  • Are you ready to let your teen drive on their own?

    For teenagers, hitting the road is a milestone. It is like a ritual they need to pass before entering into adulthood. However, no matter how thrilling the thought is, driving comes with a host of risks and responsibilities, not just for teen drivers but for their parents as well.

    Below are some key aspects of teenage drivers’ journey, including the risks, responsibilities and liabilities involved.

    Learning to drive

    Teens embark on their driving journey by obtaining a learner’s permit. This initial stage involves supervised driving with a licensed adult. In most states, including Florida, parents usually take on this role. They also need to certify that their teen has completed the required number of supervised driving hours. This phase gives parents the opportunity to teach their teens about road rules and safe driving habits.

    Graduated licensing programs are also designed to introduce teens to the responsibilities of driving gradually.

    Risks on the road

    Teenagers are statistically more likely to be involved in accidents due to their inexperience and sometimes risky behavior. Distracted driving, speeding and not wearing seatbelts are common issues.

    When they get into accidents, there are two possible scenarios that parents need to prepare themselves. Their teen may be a victim. They may get injured, or they may even die. No one wants that to happen, but in cases it does, parents would need legal assistance to handle personal injury or maybe wrongful death claims. No parent would want to be in such a situation, so they must emphasize the importance of responsible driving to mitigate these risks.

    Insurance and liability

    The other scenario most parents fear when their teen is driving is what if they cause an accident. When teenagers start driving, it can affect the family’s insurance rates. Parents should inform their insurance provider when their teen gets a license. Liability concerns arise if a teen is involved in an accident. Parents may be held legally responsible for their children’s actions, so it is crucial to have adequate insurance coverage.

    Shared responsibilities

    Teenage drivers face risks and responsibilities as a driver. But their parents also share these risks and responsibilities. No one knows what may happen on the road, but by ensuring they receive proper guidance right at the start, parents are preparing their children to be responsible drivers in the future.