Have You Been in an Accident?

What Kinds of Auto Accidents Are There?

My clients typically face five types of auto accidents that result in damages:

1. Car Accidents: Car crashes are the most frequent, with millions occurring on Florida's roads daily. Regardless of where drivers are licensed, if someone is injured in a car accident in Florida, they are subject to Florida laws. Passengers in cars involved in crashes also have valid claims.
2. Bicycle Accidents: Surprisingly, bicycles fall under the category of auto accidents because they share the road and must adhere to the same rules as other vehicles. Florida's weather promotes cycling as a means of transportation, but negligent car or truck drivers often endanger cyclists.
3. Motorcycle Accidents: The popularity of motorcycles in Florida, driven by favorable weather and relaxed helmet laws for riders 21 and older, results in a significant number of motorcycle accidents. Unfortunately, most accidents involving motorcycles are caused by other motorists.
4. Truck-Related Accidents: Accidents involving commercial trucks are often the most devastating due to their size and weight. Commercial trucks are subject to strict safety regulations under the Federal Motor Carrier Safety Act. Victims of truck accidents often suffer severe injuries or fatalities, leading to high liability insurance policies. However, insurance companies representing trucks may attempt to minimize payouts.
5. Rideshare Accidents: The proliferation of rideshare services like Uber and Lyft has contributed to an increase in accidents involving rideshare vehicles. Determining liability insurance coverage can be complex, with rideshare corporations carrying higher liability limits than individual rideshare drivers.

In all these accidents, the same Florida statute of limitations applies: two years for personal injury claims occurring on or after March 24, 2023 (four years if the incident occurred prior to March 24, 2023) and two years for wrongful death claims. Navigating this legal landscape can be overwhelming, which is why retaining an experienced auto accident attorney is crucial.

Comparative Negligence

Florida's pure comparative negligence rule also applies, meaning fault can be assigned to multiple parties. If you are less than 50% at fault, you can pursue a personal injury or wrongful death claim, but your recovery will be reduced by your percentage of negligence.

For instance, if you are found 20% at fault for an accident and a jury awards you $100,000 in damages, your recovery will be $80,000 after accounting for your share of negligence. 

Why Should You Hire an Auto Accident Attorney?

Auto accident attorneys go by various titles such as truck accident attorney, car accident attorney, or motorcycle accident attorney. However, our primary role is to represent you in personal injury or wrongful death claims, and here are several compelling reasons why you should hire us:

• Legal Knowledge: Understanding auto accident insurance claims can be complex if you are unfamiliar with Florida law and have never filed a claim before. Without a personal injury attorney's guidance, you may inadvertently waive your rights. I am dedicated to safeguarding your rights.
• Dealing with Insurance Companies: Insurance companies often attempt to undervalue or deny claims, especially if they can shift at least 50% of the blame onto you. I possess the knowledge and negotiation skills required to handle insurance companies effectively, ensuring a level playing field.
• Thorough Investigation: Auto accident attorneys excel in conducting comprehensive crash investigations and preserving crucial evidence. This is especially critical in truck accidents, where factors like crash reconstruction, expert inspections, medical testimony, and in-depth discovery during a lawsuit can significantly impact the outcome of your claim.

Auto Accidents Attorney & Certified Mediator in Clearwater, Florida

Choosing a professional attorney with a track record of successfully representing clients in cases similar to yours can make all the difference in your case. If you have experienced any form of auto accident in Florida, or if a loved one has suffered incapacitating injuries or loss of life, time is of the essence. I offer my extensive experience to every client I serve. Contact the Law Office of Alex Hernandez in Clearwater, Florida today to schedule a free case consultation. Don't delay—reach out now. 

Florida Is a No-Fault Insurance State

It can be extremely stressful and overwhelming after being involved in a car accident. Everything from medical expenses, damages, and loss of time from work can pile up quickly, leaving you financially behind; on top of that, you may be experiencing life-altering physical or mental changes. 

Florida is one of a dozen states that have no-fault auto insurance laws, which means your own policy should cover you and any passengers for any injuries suffered – up to a limit – and even for any wages lost due to time off for recovery. However, your car’s damage, if caused by another driver, will not be covered unless you purchase optional collision coverage. Also, if your injuries are severe enough (and costly enough), you may have to seek compensation from the at-fault driver. 

If you or a loved one has been injured in a vehicular accident in or around Clearwater, Florida, contact me immediately at the Law Office of Alex Hernandez. I have more than three decades of experience in helping clients with personal injury claims and lawsuits. I am bilingual in English and Spanish and available 24/7 by cell phone. 

My firm proudly serves clients in the Tampa Bay area and in the Tri-County area of Pasco County, Pinellas County, and Hillsborough County, encompassing Sarasota and Bradenton, Florida.

No-fault insurance rules are aimed at curtailing endless lawsuits and back-and-forth claims between insurance providers for those involved in an accident. Florida’s minimum auto insurance requirements are straight forward in terms of what they cover. 

You must have $10,000 in personal injury protection (PIP) to cover your personal injuries and those of your passengers in an auto accident. Also, you must carry a minimum of $10,000 in property damage coverage. This can be increased, but remember that it covers only damages you cause to other people’s property, not your own. 

Considering that vehicles now cost $40,000 or more on average, $10,000 might not go very far in an accident you cause to another vehicle. You should consider purchasing a higher limit. As for PIP, once the $10,000 is breached in medical expenses and wage losses, you’re on your own unless your injuries are severe enough that you can make a claim or file an insurance claim or lawsuit against the other driver, if that person was at fault. 

Filing a Lawsuit Against the Other Driver

With PIP, only 80 percent of your medical expenses are covered, plus only 60 percent of any lost wages. In addition, only the first two weeks of medical expenses following the accident are eligible for reimbursement, and there is no compensation for your pain and suffering. 

If $10,000 is not enough for property damages, the same often holds true for personal injury expenses. They can add up quickly, and your PIP limit can be breached. You may be wondering what to do next...

If your injuries exceed your PIP coverage, then you must make a claim against the at-fault driver’s insurance policy. You cannot sue the insurance company directly, but you can send a demand letter. You can only sue the insurance company if they act in bad faith.

It is an option to file a lawsuit against the at-fault driver for personal injuries. Another benefit of both a demand letter and a lawsuit is that they open up the possibility of receiving compensation for pain and suffering, which are not covered by PIP.

Prevailing in a Personal Injury Lawsuit

Most civil lawsuits never make it to court but are settled beforehand. However, if you are filing a personal injury lawsuit, you must consider that you have four elements to prove to the jury:

• The other driver had a duty of care toward others on the road, which by law they do.
• That driver breached that duty of care through negligence or other actions or inactions.
• That breach resulted in your injuries.
• Your injuries resulted in losses and damages that need to be compensated.

Florida’s Rule of Comparative Negligence

Another factor to consider is your own role – or percentage of fault – in the accident. In March 2023, Florida adopted the legal principle of modified comparative negligence. Comparative negligence refers to assigning a percentage of fault to each of the parties involved in an accident. Say you are rear-ended, but your brake lights malfunctioned when you stopped to avoid something in front of you. The driver behind you – as a result -- ran into you.

What percentage of fault do you have for malfunctioning brake lights? Say the jury pins it at 30 percent. If you’re seeking $30,000 in damages (compensation), that award will be reduced by 30 percent to $21,000. However, insurance companies also employ modified comparative negligence in calculating settlements. If you file a claim against the other driver’s insurance policy, that company’s claims adjusters will attempt to pin as much of the fault on you as possible. Under this new Florida law, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages for pain and suffering. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence.

Car Accident Attorney Serving Clearwater, Florida

You don’t want to face challenges alone against an insurance company’s claims adjusters. They have tactics to get you to admit to fault, so they can lower or deny your claim. If you’ve been injured in an accident in Clearwater, Florida, contact me at the Law Office of Alex Hernandez. My three decades-plus experience in dealing with insurers will help make the difference in an average or below-average settlement. 

Florida is one of a dozen states that have no-fault auto insurance laws, which means your own policy should cover you and any passengers for any injuries suffered – up to a limit – and even for any wages lost due to time off for recovery. However, your car’s damage, if caused by another driver, will not be covered unless you purchase optional collision coverage. Also, if your injuries are severe enough (and costly enough), you may have to seek compensation from the at-fault driver.

If you or a loved one has been injured in a vehicular accident in or around Clearwater, Florida, contact me immediately at the Law Office of Alex Hernandez. I have more than three decades of experience in helping clients with personal injury claims and lawsuits. I am bilingual in English and Spanish and available 24/7 by cell phone.

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Law Office of Alex Hernandez