Auto Accidents

Auto accidents are the most common basis for personal injury claims brought in the United States. When a person is careless in the operation of their vehicle, they are liable to all individuals who are injured as a result.

Determining negligence

In determining whether or not a driver was negligent, several factors are considered:

• The driver’s speed
• The weather conditions at the time of the accident
• Any failure to obey traffic signals or signs
• Any failure to follow proper procedures in operating the vehicle
• Whether or not the driver was under the influence of any alcohol or drugs

Insurance Issues

In almost all automobile accident cases, insurance coverage becomes an important issue. In Florida, vehicle owners are required to carry a $10,000.00 policy for personal injury protection (PIP). If you are involved in a car accident, PIP insurance provides insurance benefits to pay a portion of your medical bills.

Under Florida’s no-fault insurance statute, if you are hurt in an auto accident, your PIP insurance will pay 80% of your reasonable medical expenses related to injuries sustained in the accident and 60% of your lost earnings, subject to the limits of the no-fault coverage in the insurance policy and any applicable deductible, regardless of who caused the accident.

If injured, you may also have a claim against the at fault driver. To bring such a claim, there must be a careful analysis of what, if any, liability insurance coverage may be available. If your damages exceed the BI coverage available, or if no BI coverage is available, you may need to pursue a claim for any available UM benefits.

Injured passengers

If you're a passenger in a vehicle involved in an auto accident, and if you have sustained injury as a result, you are entitled to receive compensation for your injuries. As a passenger, you may have a claim against:

• The driver of the vehicle in which you were riding
• The drivers of any other vehicles involved
• Any other negligent party involved in the collision

A passenger is generally not considered to be at fault or partially at fault for causing an accident unless he or she does something such as distracting the driver.

In all auto accident cases, it is essential that measures be taken promptly to preserve evidence and to investigate the accident. The staff at Ellis, Ged & Bodden has the experience and knowledge to analyze all avenues of recovery and will work with physicians and other expert witnesses to thoroughly evaluate any injuries and damages you have suffered.

The law provides a limited time period for you to bring an automobile accident claim. If you are in Florida, and have been injured in an auto accident, or if you have a loved one injured, contact Ellis, Ged & Bodden today. We will work diligently to protect your legal rights and to maximize your recovery. The initial consultation is free of charge, so call or email us today.