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Driver Duty to Passengers vs Passenger Negligence

passenger in car accidentMany people are well aware of the fact that they can get compensation if they get into a car accident. They may also research articles about how they can get compensation. However, some people do not know that they can use the driver if they are the passenger and are hurt in the accident.

Driver’s Duty of Care to Passenger

Drivers are responsible for exercising reasonable care in order to ensure that the passengers are safe. If the passenger is hurt due to the negligence of the driver, then they may able to get compensation. This has been the state law in Florida for the past 100 years.

A Passenger’s Responsibility

Passengers are also responsible for their own safety. They have to make sure that they fasten their seat belts. They also have to avoid doing things to knowingly put themselves in danger. This includes things such as getting in the car with someone who is intoxicated. If the passenger gives the driver bad information, then they may also be held responsible. Furthermore, if a passenger is in a SUV vehicle, and they have a better view than the driver, then they are obligated to tell the driver if they see anything.

Multiple Passenger Vehicles

Florida law allows people who ride in a taxi, Uber or Lyft may be able to seek compensation if they have been hurt in an accident. People who are injured in an Uber or Lyft may be able to get compensated by the driver’s insurance. People who are injured in a taxi accident can be covered by the driver’s personal liability insurance.

Contact Zimmet & Zimmet

You need to contact a car accident attorney Daytona if you are a passenger who has been hurt by driver negligence. Daytona Beach personal injury attorneys will review your case. After that, Daytona Beach personal injury lawyers will help you get compensated.

 

 

left turn car accidentIt can be confusing to drive according to the law these days. There are so many rules that it can be hard to keep track of what is right and what is wrong on the road. Left turns are a particularly confusing topic, as it can be difficult to exercise the right judgment when you are making a left turn. Also, the laws differ from state to state when it comes to left turns. If you live in the state of Florida, it is important that you know the laws with respect to left turns in Florida.

In the state of Florida, there are statutory traffic laws that will determine how drivers are supposed to handle left turns on any public roadway. If a driver fails to follow the assigned rules, he or she will get a ticket and possible even a fine. It is important to also keep in mind that driving is also governed by common law in the state of Florida. If a driver makes a left turn and ends up in a collision with another vehicle, this individual could potentially be held liable according to common law in the state in addition to the statutory laws. According to Florida traffic law in regards to left turns, the driver needs to stay in the lawfully available lane while making a left turn, and he or she must follow the traffic light or other traffic control device that is present at the intersection if there is one.

If you are in a situation where you have gotten into trouble as a result of a misunderstanding over left turn laws, you should consult with a Daytona Beach car accident attorney.

You should try to find the best car accident attorney Daytona Beach has to offer. If you do your research on Daytona Beach Personal Injury Attorneys and Daytona Beach Personal Injury Lawyers, you will likely find that Zimmet & Zimmet is a great option among them. They will help you navigate through the particulars of your situation and potentially be able to answer any questions that you might have when it comes to left turns and your situation.

 

 

car accidentsNo one wants to get into a car accident. It is a stressful situation in terms of legal matters and insurance, not to mention the pain that is involved in the injuries. In the state of Florida, there are many types of car accidents that are particularly common and that can cause a variety of injuries.

Top 5 Car Accidents in Florida:

Rear End Collisions
A rear end collision involves one vehicle colliding into another from behind, and it can lead to a variety of injuries, commonly soft tissue injuries in the spinal area as a result of the sudden jolting of the collision.

Pedestrian Accidents

Pedestrian accidents, which involve a vehicle colliding to a person who is not in a vehicle, can involve a variety of injuries as well, including head trauma, internal injuries, pelvic and spinal injuries, and fractures.

Failure To Yield

Failure to yield accidents are also common in Florida; these involve a driver failing to yield the right of way to another car when they are supposed to, and it results in a collision.

Intersection Accidents

Intersection accidents are also common; these are accidents that occur when people misjudge whether or not the road is clear at an intersection and end up colliding with other cars as a result. They typically involve left turns.

Broad Side Accidents

Broad side accidents are also common and are accidents when one vehicle crashes into the side of another; these often lead to serious injuries of both the driver and passengers, including brain injuries, fractures of the spine, and broken limbs.

If you have been involved in a car accident and are in need of a Daytona Beach car accident attorney, you should contact the Daytona Beach personal injury attorneys at a law firm such as Zimmet & Zimmet.

The Daytona Beach personal injury attorneys at Zimmet & Zimmet can answer any questions that you may have about your car accident and what you may be entitled to in terms of damages. If you believe that you would benefit from the expertise and experience of a qualified and experienced Daytona Beach car accident attorney, you should certainly feel free to give this firm a call as soon as possible.

 

 

 

 

 

rear end accidentsFlorida is a “no fault” state when it comes to initial claims for injuries, but that does not mean that fault does not matter when auto accident injury claims are being settled. Florida state law requires vehicle owners to carry PIP coverage on their personal injury policy that can be used immediately when injuries occur due to an accident. This means that all accident victim drivers will have immediate insurance overage and can receive covered medical treatment quickly.

However, the personal insurance protection requirement does not mean that fault is not central in the finalization of any auto accident case when injuries and damage go beyond the personal insurance policy protection of an injured driver. All auto accident cases are unique in some aspect when all material case facts are applied regarding negligence and causation, which will commonly require representation from a Daytona Beach car accident attorney for maximum benefits.

Fault is Never Automatic

While there may be a common “presumption of negligence” associated with an accident involving a rear-end collision, that may not necessarily be the determination when the case is finally adjudicated. Many insurance companies are diligent in defending their clients and will regularly work toward increasing the comparative negligence percentage of the claimant driver when an injured party is approved for pursing damages beyond their PIP coverage. Cases involving serious injury regularly become court cases when insurance companies deny claims, even in rear-end collision instances.

Vehicular Control Rule

Florida highway law states that all drivers must keep a “safe stopping distance” behind the vehicle directly in front of them while in transit. Determining just exactly what a safe braking distance is can be difficult, especially when crashes happen in congested traffic at a high rate of speed. Daytona Beach personal injury attorneys know that all drivers involved in any accident are evaluated for comparative negligence, even in rear-end collision cases, and the driving actions of other drivers matter. Those who are driving impaired could be easily be found at fault for a crash even when they are struck from the rear. In addition, road rage and excessive speed are also potential factors that can override being struck from the rear when it can be proven the drivers were acting intentionally as well.

Contact a Car Accident Attorney Daytona

Anyone involved in a rear-end collision accident in Florida should contact Zimmet & Zimmet Daytona Beach personal injury lawyers for a free evaluation of their accident.

 

Insurance Bad Faith & Extra-Contractual Liability

In Florida there is no legal requirement for people driving on our roads to purchase insurance coverage to pay for bodily injury they cause others. Our car accident lawyers at Zimmet & Zimmet we believe that this is a significant failure of the state legislature to protect Florida citizens.

With no legal requirement, Florida drivers are free to purchase no coverage or coverage in any limits they choose. A driver could cause $1,000,000 worth of bodily injury but have only a very small amount of insurance coverage that would not come close to meeting your expenses.

Are you just out of luck if that happens? If you are seriously injured, ask us about “extra-contractual liability.”

An insurance policy is a contract. You agree to pay premiums and the insurance company agrees to pay for the cost of damages you cause up to a specific limit you choose. Of course, insurance companies charge more for higher limits.

Sometimes the insurance company refuses pay the limits of the policy for settlement of a specific claim even if the damages are more than the limits.

This tactic can increase the insurance company’s profits. The problem for the insured, however, is that if the insured loses at trial the court could award a judgment against the insured for more than the insurance limit. The insured pays that excess amount.

In this situation, it might be possible to sue the insurance company for dealing with its own insured in bad faith. The lawsuit could allege that the insurance company is responsible for more than its limits, “extra-contractual liability.”

If successful the injured person may be able to collect the full amount of their damages ($1,000,000 in the example above) instead of the smaller policy limits.

At Zimmet & Zimmet our mission is to do everything we can to give all of our clients the best opportunity to be compensated completely for their injuries.

car accidentsNo one wants to get into a car accident. It is a stressful situation in terms of legal matters and insurance, not to mention the pain that is involved in the injuries. In the state of Florida, there are many types of car accidents that are particularly common and that can cause a variety of injuries.

Rear End Collision

A rear end collision involves one vehicle colliding into another from behind, and it can lead to a variety of injuries, commonly soft tissue injuries in the spinal area as a result of the sudden jolting of the collision.

Pedestrian Accidents

Pedestrian accidents, which involve a vehicle colliding to a person who is not in a vehicle, can involve a variety of injuries as well, including head trauma, internal injuries, pelvic and spinal injuries, and fractures.

Failure to Yield Accidents

Failure to yield accidents are also common in Florida; these involve a driver failing to yield the right of way to another car when they are supposed to, and it results in a collision.

Intersection Accidents

Intersection accidents are also common; these are accidents that occur when people misjudge whether or not the road is clear at an intersection and end up colliding with other cars as a result. They typically involve left turns.

Broad Side Accidents

Broad side accidents are also common and are accidents when one vehicle crashes into the side of another; these often lead to serious injuries of both the driver and passengers, including brain injuries, fractures of the spine, and broken limbs.

If you have been involved in one of these types of car accidents and are in need of a Daytona Beach car accident attorney, you should contact the Daytona Beach personal injury attorneys at a law firm such as Zimmet & Zimmet. The Daytona Beach personal injury attorneys at Zimmet & Zimmet can answer any questions that you may have about your car accident and what you may be entitled to in terms of damages.

If you believe that you would benefit from the expertise and experience of a qualified and experienced Daytona Beach car accident attorney, you should certainly feel free to give our firm a call as soon as possible.

 

Are they watching you? You bet.

Video surveillance is often used to try to hurt your case.

car accidentIf you have been injured in an accident, it’s important to know that insurance companies will often hire private investigators to follow and video you. 

The objective for this type of surveillance is to try and catch you doing something that you have testified you can’t do. As long as you are honest and don’t try to exaggerate, the surveillance shouldn’t hurt your case. 

However, that will not stop the defendant’s insurance company from attempting to use the video to convince the jury of their view of the case. 

Plaintiffs can demand copies of all surveillance videos that the defendant intends to use at trial.   However, Florida’s First District Court of Appeal recently held that if the defendant’s insurance company has private investigators take videos on separate occasions but only intends to use one of the videos at trial, the other videos do not have to be produced.   

We don’t like the decision to allow a defendant to keep some videos private. Information like that shouldn’t be kept secret because it could be misleading.

Personal injury attorneys need to be up to date on all the rules regarding what is discoverable and what is not.

Zimmet & Zimmet, Car Accident Lawyers

Personal Attention and the Time to Get It Right

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

 


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