Proudly Serving Volusia
& Flager Counties

Since 1985

Sue a Friend or Family Member? Really?

The Insurance Company is the Real Adverse Party

passenger car accidentThe Daytona Beach News Journal is reporting that Carolyn Perry 81, of Clarkstown Michigan was killed early Monday morning when a the driver of a pick up truck she was a passenger in drove his truck off the road and hit a tree.  The driver, Jerry Hershman, suffered minor injuries.   

As Daytona Beach accident and injury lawyers we often represent passengers in bringing insurance claims and even lawsuits against the negligent drivers of the vehicles they are in. Frequently the passengers are hesitant to bring a lawsuit because they do not want to do anything that would adversely affect the drivers who are usually their friends or family members.   

Once the injured passenger realizes that the insurance company is the real adverse party they often thank us for advising them to proceed with the claim. 

If an injured passenger does not bring a claim against a negligent driver the only winner is the insurance company. 


Zimmet & Zimmet, car accident lawyers

Personal Attention & the Time to Get It Right


How could it happen?

pedestrian accidentsA pedestrian was killed in the early morning hours of March 1, 2018 in Deltona Florida.  The Volusia County Sheriff’s office reported that a pedestrian was hit when he stepped out in front of a truck near the intersection of Elkham and Howland Blvd.   

This tragedy is part of a larger national trend of increasing pedestrian deaths.  Pedestrian deaths are far higher now than they were just ten years ago.  In 2016 alone, nearly 6,000 pedestrians were killed.   

While this increase can be attributed to many different criteria, one that jumps out to this Daytona Beach car accident lawyer is increased smart phone use.   The number of smart phones in use more than tripled from 2010 to 2016. 

To all the drivers and pedestrians out there, please slow down and pay attention to what you are doing.   Simply paying attention could be the difference between life and death. 


Zimmet & ZimmetDaytona Beach Car Accident Lawyers

Personal Attention and the Time to Get It Right




The Consequences Are Going Up

texting and drivingA law that would allow police to pull people over for texting while driving recently passed its third and final Florida House committee.  

While texting and driving is currently against the law in Florida, police cannot pull people over solely for texting and driving. The stop must be predicated on another offense. 

 The new law would allow police to stop drivers if they notice texting and driving as the primary offense. 

 As attorneys who regularly represent the injured victims of distracted driving, we at Zimmet & Zimmet hope that this new approach becomes law. 

The prevalence of distracted driving is staggering. The next time you are stopped at a red light, look to your left and right to see how many of your fellow drivers are staring at their phones and not paying attention to the roadway. 

In our opinion texting and driving is at least as dangerous as drinking and driving. We need to do what we can to stop it.  If this bill becomes law it may be a good start.


Zimmet & Zimmet, Daytona Beach Car Accident Lawyers

Personal Attention and the Time to Get It Right


accidentThere are many potential pit falls or traps an injured person may fall into during the course of their insurance claim and litigation. But without a doubt the single most effective way to destroy your case is to lie.   

Many of the issues that will be determined by a jury depend on how the jurors feel about the credibility of the witnesses. 

If a person injured in a car accident does not seem genuine, it is bad for a case. But if that same person is caught in a lie it is devastating.   

A recent case ruling decided by the Florida Third District Court of Appeal serves as an example of just how bad lying under oath can be for an injured person.   

A Miami woman sued a cruise ship operator for injures sustained on the cruise ship.   In her deposition before trial, she testified about things she could no longer do because of her injuries.   

She did not know that the cruise ship company had hired an investigator to videotape her while she was moving into a new home.  The tape was evidence of her actually doing the things she testified that she could not do.   

The trial court dismissed the case outright finding that the injured woman had defrauded the court.   

At Zimmet & Zimmet we always tell our clients to be absolutely sure to tell the truth. Even if you think the truth might hurt your case, lying about it is far worse. Contact us today!


Zimmet & Zimmet, Daytona Beach Car Accident Lawyers

Personal Attention and the Time to Get It Right

Investigating & Protecting Yourself from Distracted Driving

distracted driverAccording to the Daytona Beach News Journal, Ralph Pellicer and Jobe Padach died when the truck they were driving in was rear ended by a Hyundai driven by Jennifer McFann.  The Florida Highway patrol reported that McFann “failed to stop.” 

A “failed to stop” accident is almost always caused by some form of not paying attention.  The reasons a driver isn’t paying attention range widely. Just a few examples, changing a radio station, eating lunch, reading a magazine, and, of course, texting.   

Using a smart phone is probably the fastest growing cause of these “failure to pay attention accidents.”   

At Zimmet & Zimmet Car Accident Lawyers, it is our standard practice to subpoena phone records from an at fault driver to investigate whether or not distracted driving was a factor in the accident. 

In this time of pervasive cell phone use and distracted driving it is more important than ever to practice defensive driving, to assume no one on the road is paying attention.

We also highly recommend purchasing uninsured motorist coverage to protect yourself in the event a distracted driver who causes you harm is also an uninsured driver. 

If you are injured in an accident we recommend hiring a law firm that will not simply take the at fault driver’s word for what caused the accident. A comprehensive investigation includes verifying statements, interviewing witnesses and thorough record review. 

Contact the Daytona Beach car accident attorneys at Zimmet & Zimmet if you know someone killed by a distracted driver. 


What factors to consider

accidentMany accidents have complications that make the determination of fault difficult. This is certainly true of a recent fatal accident in Deland, Florida being investigated by the Florida Highway Patrol. 

The News Journal is reporting that a woman pushing her bicycle on SR 44 was struck by a trailer being pulled by a truck, thrown into a ditch, and killed.

The driver of the truck, Robert Walters, stopped at the scene. The identity of the deceased woman is being kept private until next of kin can be informed. This is a horrible tragedy.   

The limited facts reported by the newspaper make it clear that the Florida law defining traffic rules for pedestrians will be an important part of any case.  Florida Statute Section 316.130 defines the rules pedestrians must follow while using Florida roadways.  

It’s likely that many people will be surprised to learn how many different rules apply to pedestrians.  

Even so, drivers must still make every effort to avoid hitting a pedestrian even if the pedestrian is violating the law. 

Florida law requires every driver of a vehicle “…to exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”  

Because litigation can be complex, we recommend hiring a local personal injury attorney who both knows the statutes and case law that could apply and is willing to give you the personal attention you deserve and the time it takes to get it right. 

Contact the personal injury attorneys in Daytona Beach, Florida at Zimmet & Zimmet if someone you love was in a fatal accident, we can help you through this difficult time. Call us today!

Especially Complicated Cases

negligenceIt was recently reported that a Port Orange police officer, Jason Robert Raynor, lost control of his vehicle en route to investigate a burglary in progress. The report notes that his police car crashed into parked cars outside of a bar on US1. 

At Zimmet & Zimmet, we represent people injured by the negligence of government employees, including the police.  

Police officers and all other government employees are protected by a law referred to as “sovereign immunity.” The law applies if the employees’ negligence occurred during the course and scope of their employment.  

Employees of city governments, county governments, state governments and even special taxing districts are all protected by sovereign immunity. Halifax Hospital is an example of a taxing district in our community.

Even so, people injured by a government employee’s negligence can still bring lawsuits for their injuries.

However, the lawsuit is likely to be complicated. It is important then to hire a car accident lawyer Port Orange who knows both the pitfalls associated with sovereign immunity and how to avoid them.  

Contact the Port Orange personal injury attorneys at Zimmet & Zimmet, if you were injured in a car accident caused by the negligence of a government employee, including the police. Contact us today.

motorcycle crashThe Daytona Beach News Journal is reporting that Carl Lee Pierce, of Deltona was killed in a motorcycle crash in the early morning hours of Feburary 8, 2018. 

The police reported that it appeared both drivers had a green light and Dustin Lee Lindsey of Lake Mary turned his F-150 left from Dirkson Road to enter the freeway on ramp while Carl Lee Pierce was driving in the opposite direction on Dirkson.   The police also reported that it appeared neither driver was impaired and speed was not a factor.  

Sometimes accidents happen. This could simply be a case of violation of right of way.

But before anyone involved in an accident like this accepts a settlement from an insurance company it is important to retain a local accident and injury lawyer to make sure no stone is left unturned in investigating the case for potential causes of the crash.   

For example, an investigation could reveal a case of distracted driving. This type of finding dramatically impacts a case.  At Zimmet & Zimmet PL we use the subpoena power of the Court when appropriate to compel cell phone companies to provide phone records as a part of our case investigation process.  

If you or someone you love was injured or was killed in a motorcycle crash contact the Deltona Motorcycle Accidents Attorney at Zimmet & Zimmet today.

fatal hit and runWe recently posted an article regarding a fatal hit and run automobile accident in Daytona Beach on Nova Road.   Since then, the News Journal is reporting that  police have arrested Juan Alberto Correa and charged him with leaving the scene of an accident involving death.  Police say that Correa admitted to drinking prior to the crash. 

While the police are likely investigating the crash to determine whether or not more criminal charges can be brought against Correa,  another investigation into civil liability needs to take place. 

If Mr. Correa caused Rusty Bovee’s death with driving under the influence, there are multiple different avenues that need to be investigated to determine civil liability and the amount of damages. 

Among many other things, the investigation needs to determine the location of his drinking to determine if there is liquor liability, whether or not any actions took place while under the course and scope of employment to determine if his employer is liable and the identification of all insurance policies that may provide coverage for this tragic death.

Contact the Daytona Beach Personal Injury Attorneys at Zimmet & Zimmet if someone you love was a victim of a fatal hit and run accident

hit and runThe Daytona Beach News-Journal is reporting that a woman was killed by a hit and run driver around 7a.m. February 7, 2018 on South Nova Road.  Our hearts go out to the family members of this young woman.   When a driver flees the scene of a crash not only is it a crime but it complicates the victims road to justice.  Victims and their family members should have attorney immediately investigate the case and not only rely on the police departments investigation.   The police will investigate the crime for the purposes of bringing criminal charges.  Hit and run victims need an experienced, local accident and injury attorney to investigate for the purpose of justice in the civil courts.  The two investigations are entirely different.

At Zimmet & Zimmet, we hope that the family members of this hit and run victim find justice for their loved one. 

If you suffered injuries from a hit and run, contact the Daytona Beach Personal Injury Attorneys at Zimmet & Zimmet today.


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