Reduce Traffic Accidents with Defensive Driving

Florida has its share of traffic accidents—by last count, about 395,785 in 2016 alone, which works out to a little over 1,000 collisions a day. Of these accidents, 3,176 people died and another 254,155 suffered injuries. Unfortunately, these rates do not appear to be declining. You can reduce accidents by following these driving tips:

• Increase situational awareness by looking ahead. You can avoid traffic accidents only if you see them. And the sooner you see them, the more time you have to react. Look 15 or more seconds ahead as you are driving.

• Follow at least four seconds behind. This will give you enough time to brake if the car in front suddenly stops. In poor weather, give yourself additional space.

• Remember to “stay on your toes.” Don’t assume other drivers will follow the rules. One might swerve in front of you or make a sudden turn. By being mentally prepared, you can respond quickly.

You should also continue the fight against drunk driving. According to state statistics, 461 people were killed in alcohol-confirmed crashes in 2016. To reduce drunk driving, volunteer to be a designated driver if you go out partying with friends. Also call the police as soon as possible if you suspect a driver is intoxicated or high.

Fight Drug Overdoses

Accidental drug overdoses lead the way in accidental deaths, accounting for over 64,000 fatalities. The opioid crisis has been in the national news lately and is a veritable national health crisis. You can do your part to reduce opioid and other overdoses:

• Ask your doctor to prescribe a non-opioid painkiller after an accident or injury. The fewer opioids prescribed, the fewer people who can become addicted.

• Safely dispose of opioids so that addicts don’t find them and then overdose. Visit a local disposal location.

• Increase the visibility of addiction services in your community. Work with churches and other community organizations to increase awareness, such as by creating a website for locals to access available services.

Make Your Home Safer

Too many people are injured in the home, either by defective furniture or by slipping and falling. To increase the safety of your home, you should check the latest product recalls available at www.Recalls.gov. Immediately stop using any recalled product and call for information about getting a refund or having the product repaired. Also go around the home and check for loose floorboards or rickety steps. Repair dangerous hazards as soon as possible.

Have You Been Injured in an Accident? Reach out to Bundza & Rodriguez

Regardless of how careful you try to be, accidents can still happen. If someone else is to blame, you should meet with a personal injury attorney in Daytona Beach as soon as possible. At Bundza & Rodriguez, we offer potential clients a free consultation to discuss the circumstances surrounding your accident. Call 386-252-5170 today.

Resources:

drugabuse.gov/related-topics/trends-statistics/overdose-death-rates

flhsmv.gov/pdf/crashreports/crash_facts_2016.pdf

cdc.gov/nchs/fastats/accidental-injury.htm

nsc.org/work-safety/get-involved/national-safety-month

What Are Pain and Suffering Damages?

Pain and suffering damages compensate you for the physical pain you suffer as a result of an accident. If you suffer emotional pain—such as fear, anxiety, or sleeplessness—then you might also qualify for emotional distress damages. Both pain and suffering and emotional distress are non-economic damages, meaning it is harder to measure them in dollars and cents. Nevertheless, you have suffered a real loss and the Florida courts will allow you to be compensated for these injuries.

At trial, a jury will need to estimate how much money can fairly compensate you for your physical suffering and emotional anguish. You can testify on your own behalf or have friends or family testify as to how the pain has changed your personality. You can also introduce all of the prescription drugs you have taken to help you cope with your pain. Sometimes, people receive substantial sums of money, particularly for serious injuries.

Were You Injured by a Motor Vehicle?

Under Florida law, you can’t receive pain and suffering for minor injuries if you were injured by a “motor vehicle.” Nevertheless, Florida law defines motor vehicle pretty narrowly, so many vehicles don’t qualify, such as:

• Taxicabs
• Mobile homes
• Motorcycles
• Golf carts
• Mopeds
• Off-road construction machines

If you were injured by one of these vehicles in an accident, then you can sue for pain and suffering damages.

Do You Have a Permanent Injury?

Florida law also allows you to sue for pain and suffering damages if the victim suffered a permanent injury, which is defined as:

• An injury that is reasonably certain to be permanent
• Permanent and significant disfigurement or scarring
• Permanent and significant loss of an important bodily function
• Death

Consider the example: Michael is driving through an intersection when Sam slams into him. As a result of the accident, Michael breaks his arm and needs a steel plate inserted. He also suffers bad burns on his face and neck, which leave him with permanent scarring. In this situation, Michael can sue for pain and suffering even though Sam was driving a passenger sedan.

However, if Michael only suffered a sprained neck, then he probably would not qualify for pain and suffering damages—though other compensation is available.

Contact a Daytona Beach Personal Injury Lawyer Now

Serious accidents leave their victims in a lot of pain, and victims deserve help. At Bundza & Rodriguez, we carefully assess the surrounding circumstances of every crash to determine what compensation is available to you. Contact us today to request your free consultation.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html

Florida’s seat belt laws require individuals in the front seat and anyone under 18 to wear a seat belt, regardless of where they’re sitting. However, even for individuals older than 18 in the backseat, it can help prevent serious injury and make a difference for personal injury claims.

How Not Wearing a Seat Belt Might Affect Your Personal Injury Claim

Personal injury claims can be complicated, particularly for car accidents, because it isn’t always clear which party is at fault or which other factors could have caused the accident. When looking at personal injury claims, courts typically consider several factors, including:

• Which party caused the accident
• Whether negligence on the part of the person making the claim could have avoided injury
• The medical and insurance costs associated with the accident
• The emotional stress and non-monetary pain caused by the accident

When making a personal injury claim from an accident in which you didn’t wear a seatbelt, the other side may be able to argue that not wearing a seatbelt was the cause of your injury rather than the accident itself. The repercussions may also extend beyond your personal claims court. For example, insurance companies also consider negligence when distributing funds from insurance claims.

Every personal injury case is unique, even if the circumstances around the accident appear similar. For this reason, hiring an experienced personal injury lawyer can maximize the chances you are awarded damages to help cover the cost of the accident.

What Impacts the Total Damages Awarded in a Personal Injury Claim

Another factor to consider for making a personal injury claim from a car accident is that courts recognize that the damage done extends beyond the physical trauma, medical cost and vehicle damage in the accident. The courts recognize “pain and suffering” as contributing factors when deciding how much is acceptable to award.

The catch is that the financial equivalent of pain and suffering is much harder to determine, because it includes subjective factors like emotional stress and mental trauma. One of the easier ways to calculate this is simply to multiply the total cost of medical bills and vehicle damage by a number. For example, your lawyer may take the sum of all these costs and triple the amount when arguing for your case to account for pain and suffering.

Again, every case is unique, so determining the number to multiply by is not always clear cut. If you were the victim of a car accident, contact Bundza & Rodriguez, P.A. in Daytona Beach, Florida for a consultation. We also have experience fighting for victims of a variety of accident types, including car, bicycle, truck and boating accidents. We understand that the total damage of an accident isn’t just the financial loss, and we will fight to make sure all the damage you’ve experienced is compensated.

Getting Documentation During Your Emergency Room Visit

After a car accident, you are probably stressed and have a hundred things on your mind. Likewise, emergency room physicians are required to think about lots of things at once. Still, it is important to go to the emergency room immediately after a car accident, even if you do not feel like you have any injuries, and it is important to ask the doctor a few important questions. If you go to the emergency room, you can at least prove that your pain started after the accident and not before. The emergency room staff can also photograph any injuries you might have sustained in the accident. If the doctor recommends that you take any time off from work, ask for this recommendation in writing, so that you can prove lost wages relating to the accident, if necessary.

Following Up with Your Primary Care Doctor

Schedule an emergency visit with your primary doctor as soon as the doctor’s office opens after the accident and after you get out of the emergency room. Your doctor, who knows your medical history, can provide an even more detailed report. Your doctor’s report about the visit should include a detailed description of what your doctor thinks caused the injuries, such as from what angle and at what speed the other car collided with your car. The report should also contain detailed recommendations for follow-up treatment, including any treatment you might require from specialists. The primary care doctor should also state in the report that he or she has reviewed the emergency room physician’s report. The more documentation you have from medical experts, the stronger your case will be in court.

Our Legal Team Offers Legal Representation in Personal Injury Cases

After consulting your doctor, the next person you should consult is a personal injury lawyer. Contact Bundza & Rodriguez in Daytona Beach, Florida about personal injury cases related to car accidents.