Wieland & DeLattreOrlando Personal Injury Attorney | Workers' Comp | Auto Accidents2024-03-18T10:59:23Zhttps://www.wdjustice.com/feed/atom/WordPressOn Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507852024-03-18T10:59:23Z2024-03-18T10:59:23Zlawsuit against the trucker or trucking company.
However, the trucking industry has been pushing states, including Florida, for changes in the laws that will make it harder for trucking accident victims to recover compensation. According to a recent article, some of these attempts have been successful.
Trucking industry claims laws will prevent frivolous lawsuits
The trucking industry argues that these laws will prevent trucking accident victims from receiving excessive compensation and reduce the number of frivolous lawsuits.
However, safety advocates dispute that reasoning, saying that these laws will prevent trucking accident victims from receiving legitimate compensation from negligent trucking companies. The advocates also note that trucking companies may be less likely to adhere to safety guidelines designed to prevent accidents.
The two specific new laws in Florida involve compensation for medical bills and the statute of limitations.
Medical bills
One piece of establishing negligence in truck accident cases involves proving damages. This is typically done through presenting evidence such as medical bills.
Previously, truck accident victims could present medical bills showing the amount an insurance company initially billed and that number was used when determining compensation.
The new law only allows victims to submit the amount paid instead of the amount initially billed.
Statute of limitations
Additionally, the statute of limitations for filing a personal injury lawsuit has been reduced from four years to two years. This places a major burden on truck accident victims.
Back, brain and head injuries are common truck accident injuries. Many times, the extent of these types of injuries from a truck accident are not fully known until more than two years after the accident.
Furthermore, the first few years after a truck accident are often chaotic for truck accident victims. Physical and mental healing takes time and victims are busy with attending medical appointments, dealing with insurance paperwork and getting a handle on their medical bills.
Two years is usually not enough time to adequately prepare to file a lawsuit. This new law could prevent many truck accident victims from filing lawsuits that would properly hold negligent truckers and trucking companies responsible.
Your rights as a truck accident victim deserve protection
It is important to be aware of these new laws so you can act quickly if you are injured in a truck accident. Although you may not be ready to become involved in the legal process after your accident, getting your lawsuit filed in time is vital.
There are professionals who are experienced with helping truck accident victims who can help explain how these new laws apply to your situation and help you recover fair compensation.
]]>On Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507832024-03-13T09:30:40Z2024-03-13T09:30:40Zrecent accident in Orange County, near Mile Marker 9 on Route S.R. 417 provides a tragic example of this phenomenon.
The accident
According to the traffic report from the Florida Highway Department, a Mercedes-Benz SUV was traveling north in the inside lane on S.R. 417 behind a Mitsubishi sedan in the center lane. The driver of the Mercedes, a 25 year-old man from Winter Garden, attempted to move into the center lane. The driver apparently misjudged the distances involved, and the Mercedes struck the left rear quarter of the Mitsubishi and threw it into a counter-clockwise spin.
The two vehicles were pushed into northeast directions of travel by the impact. The SUV skidded off the roadway and crashed through a guardrail. The vehicle continued skidding northeast until it struck a tree and overturned.
The injuries
A sixteen-year old man who was a passenger in the SUV suffered serious injuries and was taken from the scene to a near-by hospital by witnesses. He was pronounced dead upon arrival. The driver of the SUV and the driver of the Mitsubishi were both hospitalized in critical condition. The Highway Patrol said that all three victims were wearing seatbelts. Neither alcohol nor drugs was cited as a possible cause of the accident.
What next?
The critical question in this case is what made the Mercedes Benz collide with the Mitsubishi. Media reports appear to lay most of the blame on the driver of the Mercedes, but the answer most likely will be found only when the Florida Highway Patrol completes its investigation of the accident.
]]>On Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507812024-03-11T15:46:10Z2024-03-11T15:46:10ZTips for taking accident scene photographs
Although some pictures are better than no pictures, there are certain practices you can utilize to ensure you’re capturing what you need to in your accident scene photographs. This includes the following:
Not being afraid to take too many pictures: Don’t be afraid of taking too many accident scene photographs. You can always pick and choose the best ones to use later on. That’s a much better position to be in than not having enough photos, which could make it more difficult to prove your case.
Capturing the entire scene and its surroundings: While you’ll certainly need to take pictures of the damage caused to the vehicles involved in your wreck, you’ll want to be much more detailed than that. Be sure to capture pictures of the inside of your vehicle, even taking close snapshots of certain areas, including the steering wheel, dashboard, and anywhere else your body may have impacted. Also, take pictures of tire marks, nearby traffic signs and signals, and any intersections that were involved in the accident. Remember, photographing as much as you can is going to be better for you in the long run.
Taking pictures with and without flash: Some photos require a flash to capture a clear image. Others don’t. By taking pictures with and without flash, you ensure that you’ll get the clear image that you need.
Photographing witness contact information: You might be tempted to write down the names and contact information for witnesses who observed your accident, but the adrenaline pumping through your system can lead to transcription errors. And if you can’t contact key witnesses, then your claim and your recovery are jeopardized. For that reason, it’s a good idea to take a picture of contact information provided to you by each witness, which is hopefully written in their own hand or comes from their identification.
There are other aspects of your case that you might want to capture in visual form. This includes the weather, which can speak to road conditions and whether the other driver was operating their vehicle inappropriately under the circumstances, and your injuries. Again, be as thorough as you can here so that you have the evidence you need going into your car accident personal injury case.
Use your evidence to build a persuasive personal injury case
If you want to recover compensation for the harm that’s been unfairly caused to you, then you need to build a strong personal injury claim. While accident scene and injury photography can play a crucial role, there are a lot of other moving parts that you’ll need to address in your case. So, as you prepare to enter the personal injury legal arena, make sure you have a full understanding of the law, how it applies to your case, and what you can do to maximize your chances of success.]]>On Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507792024-03-11T08:34:39Z2024-03-11T08:34:39ZFlorida leads the nation in the number of bicycle deaths.
The report, released by the Florida Department of Highway Safety and Motor Vehicles, stated that 18 people on average are involved in a bicycle accident every day.
Statistics also showed that in 2023, over 8,000 people were in bicycle accidents, causing more than 200 deaths.
Common causes of bicycle accidents
There are many common causes of bicycle accidents. Drivers making left turns may fail to see a bicyclist. They might also fail to yield when appropriate, causing a crash.
Low visibility is another common cause of bicycle accidents. Since bicycles are small, they can sometimes be difficult to see. However, bicycles are usually no smaller than motorcycles, so drivers have a legal duty to watch out for them the same as they would any other vehicle.
Distracted driving is a common factor in almost all types of accidents, including bicycle accidents. Drivers who are distracted with their phones, music, navigation systems or other passengers make the roads unsafe, especially for those who are vulnerable, such as bicyclists.
In addition to distracted driving, drowsy and impaired driving reduces drivers’ ability to make smart decisions and puts others on the road, including bicyclists, at an increased risk of an accident.
Dangerous road conditions
Poor upkeep or maintenance by those who are responsible for maintaining the roads can lead to bicycle accidents.
Drivers who follow bicyclists too closely and fail to leave an adequate buffer zone create dangerous road conditions. The drivers are more likely to hit the bicyclist and leaves cyclists less able to avoid collisions with other vehicles.
Aggressive driving significantly increases the chance of a bicycle accident. Weaving through traffic, making unsafe lane changes, speeding or turning without looking are all forms of aggressive driving that can result in an accident with a bicyclist.
Tips for bicyclists
Bicyclists can stay safe on the roads by wearing bright colored clothing, always wearing a helmet and riding in the bicycle lanes with traffic.
You are still at risk from negligent drivers no matter how safe you are on your bicycle. In an accident between a motor vehicle and a bicycle, the bicyclist usually suffers serious injuries.
These injuries can cost you a lot, between hospital bills and time off work. The accident may cause you so much anxiety that you are afraid to get back on your bicycle.
Negligent drivers can be held accountable for their behavior through a personal injury action. Proving negligence can result in compensation that helps cover your expenses from the accident.
]]>On Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507772024-03-04T20:00:24Z2024-02-29T19:58:58Zit can be complicated to know what to do.
No-fault insurance system
Orlando accidents are subject to Florida’s no-fault auto insurance system. Irrespective of fault, passengers, like drivers, must initially file a claim with the Personal Injury Protection coverage of the car they were in. PIP covers medical bills, lost income and out-of-pocket expenses. However, the minimum coverage is only $10,000.
Serious injury claims
If your injuries meet Florida’s criteria for a “serious” injury, you may pursue a liability claim against the at-fault driver. Serious injuries include significant bodily function loss, permanent injuries, scarring, disfigurement or death. Proving the driver’s negligence is essential to claim economic and non-economic damages, such as pain and suffering.
Comparative negligence rule
In cases involving shared fault among drivers, Florida follows the comparative negligence rule. Liability is reduced by the each party’s respective fault percentage. For instance, if a passenger is 10% at fault, their recovery may be reduced accordingly. This rule applies to factors like distraction or failure to wear a seat belt.
To safeguard your rights and interests, after a car accident, seek immediate medical attention for injuries. Call 9-1-1. Report the car accident to the insurance company and file a PIP claim. Obtain relevant documents, including the police report. Keep detailed records of medical bills and related expenses.
Understanding these key points can empower passengers involved in motor vehicle accidents in Orlando, Florida. Navigating the legal landscape with a clear understanding of their rights increases the likelihood of obtaining fair compensation for damages.]]>On Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507592024-02-12T19:46:39Z2024-02-20T19:32:13Ztraumatic brain injuries often find themselves in a similar position. These victims can suffer cognitive losses and changes to their personality, impacting everything from their concentration, memory, and mood. They can also develop chronic headaches and other physical complications. This can make it difficult to cope with newfound realities.
So, if you or a loved one has suffered a traumatic brain injury after an accident, what can be done to alleviate and cope with the resulting symptoms?
How to cope with a traumatic brain injury
Although there isn’t anything that can be done to completely sweep away the symptoms of a traumatic brain injury, there are steps that can be taken to dampen their impact. This includes:
Giving yourself a break: It can be incredibly frustrating to deal with your newfound limitations. It’s understandable to be angry at your situation, but you should try to go easy on yourself as you work through your recovery. Set realistic goals that you can reach so that you can gain momentum in your recovery.
Talking to someone: You’re going to experience a wide spectrum of emotions during your accident recovery. Those feeling can be hard to cope with on your own. By talking to a mental health professional, you can find an outlet for your emotions. One of these professionals can also help you learn relaxation techniques to center you when times get tough.
Practicing organization: Many traumatic brain injury victims struggle with memory loss. Forgetting important events and everyday activities can lead to frustration and anger, which can stymie your recovery. Therefore, you’ll want to find an organization system that works for you. You might want to keep a white board calendar that serves as a strong visual reminder of what you have coming up in the days and weeks ahead, and you may need to label certain items in your household so that you can remember how they work and how to use them. Making to-do lists can be helpful, too.
Staying healthy: Coping with the stress of a traumatic brain injury is tough. As a result, you might be tempted to turn to unhealth coping mechanisms, such as excessive alcohol use, drug abuse, or poor eating. To focus on your recovery as much as possible, though, refrain from these activities. Instead, try to engage in healthy habits, such as getting plenty of rest, exercising, and eating healthily.
Identifying and minimizing exposure to triggers: Many traumatic brain injury sufferers also experience post-traumatic stress disorder. As a result, these victims can experience flashbacks, irritability, fear, and other issues when triggered by reminders of the event. If you can identify those triggers, though, then you can develop strategies to avoid them.
Do you need help coming up with a plan for your future?
If so, then you might want to surround yourself with professionals who can help guide you through the process. While this includes medical and mental health experts, you shouldn’t overlook the value of taking legal action against those who are responsible for your injuries. By doing so, you could recover the compensation you need to pay for the care you deserve. Hopefully this will put you on track to the fullest recovery possible under your set of circumstances.]]>On Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507612024-02-15T19:05:29Z2024-02-15T19:05:29ZBut, can product liability laws finally hold social media platforms accountable?
How does product liability apply to social media?
One perspective asserts that social media platforms, essentially software products, possess design features impacting user behavior and outcomes. Algorithms deployed by platforms filter, rank, recommend or amplify specific content, potentially exposing users to harmful material like hate speech, fake news or extremist propaganda.
Another viewpoint contends that social media platforms serve as distributors of third-party content capable of causing harm to users or others. Some platforms permit users to post content that may be defamatory, fraudulent, threatening or incite violence. The failure of these platforms to adequately moderate, remove or flag such content in a timely manner, along with a lack of warnings regarding potential risks, can be seen as failures to warn.
What are the challenges?
Product liability claims directed at social media companies encounter various legal and practical hurdles. A significant obstacle is Section 230 of the Communications Decency Act. This confers immunity upon online platforms regarding third-party content liability.
Another formidable challenge involves establishing causation and damages. Proving that the social media platform’s defect significantly contributed to the injury or damage can be complicated. For instance, how can a plaintiff provide evidence that a social media platform’s algorithm led to the development of depression, anxiety or addiction? Linking a social media platform’s failure to warn to a plaintiff’s involvement in a violent riot, terrorist attack or suicide attempt further complicates the case.
What about in Florida?
In 2021, a federal judge in Florida dismissed a product liability lawsuit against Twitter filed by the family of a journalist kidnapped and killed by ISIS in Syria. The plaintiffs claimed Twitter provided material support to ISIS by allowing the group to use its platform for recruitment, fundraising and propaganda. The judge ruled that Section 230 barred the plaintiffs’ claims, and they failed to demonstrate that Twitter's conduct was the proximate cause of the journalist’s death.
Contrastingly, in 2020, a federal judge in California permitted a product liability lawsuit against Snapchat to proceed. The plaintiffs, parents of two teenagers who died in a car crash while using Snapchat's speed filter, alleged that Snapchat knew or should have known that the speed filter encouraged reckless driving and failed to warn users of its dangers. The judge determined that Section 230 did not apply to the plaintiffs’ claims and that they adequately alleged a design defect and a failure to warn.]]>On Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507532024-02-01T13:02:48Z2024-02-14T13:01:24ZFlorida ranks second in road fatalities
According to the Assurance study, Florida ranks second in having the most fatal accidents for every 100 miles driven. Only California was worse. Researchers also found that Interstate 4 is the riskiest road in the entire nation.
This road is particularly problematic for Florida drivers because it is such a primary artery to reach several prominent locations like Disney World and the attractions in Orlando. On that road alone, there are around 34 collisions for every 100 miles driven. Texas was third in the rankings, but had three of the top five deadliest roads in the U.S.
Assurance’s research was released just as Florida has implemented laws to try and make its roads safer. That includes an enhanced Move Over Law where drivers not only need to move aside for emergency responders, but for any vehicle that has its hazard lights flashing, has emergency flares or displays a sign signifying there is an emergency. That accompanies other strategies including addressing distracted driving. Still, problems persist.
Know the possible consequences of an auto accident
Even if people are extraordinarily cautious and do everything possible to keep from being involved in an auto accident, there are times when it is unavoidable. Other drivers could be reckless, drive too fast, allow themselves to be distracted or drive under the influence. Medical expenses, the inability to work and negative implications for a person’s family can come up because of an auto accident. Fortunately, there are strategies to be compensated for all that was lost. Pursuing them is essential and a key aspect is knowing how to proceed.
]]>On Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507572024-02-12T15:28:36Z2024-02-12T15:28:36ZDistracted driving continues to cause many truck accidents
Truckers face serious penalties for distracted driving, but that does not prevent it from happening.
Truck drivers spend most of their lives on the road. This means they often engage in distracted driving more than the average driver.
Between the many hours on the road and strict deadlines to meet, truckers are sometimes forced to eat or drink while driving. Additionally, the long hours can lead to boredom, result in truckers using cell phones or even watching videos while driving.
Drivers who are not distracted could still be drowsy, which is another common cause of truck accidents. Almost all of us get drowsy when driving long hours on the road. Truckers are especially susceptible to this with all the hours on the road.
Tight deadlines increase the risk of truck accidents
There are laws that require truckers to take regular rest breaks, but that does not mean truckers always follow them. Skipping rest breaks is sometimes a way to stay on schedule when truckers are in danger of missing their deadlines.
Falling behind schedule also leads to reckless driving. Truckers who are stressed or in a hurry may speed, run red lights or tailgate other drivers.
Truck drivers sometimes use stimulants to stay awake or take prescription painkillers while on the road. When these substances are abused, it leads to impaired driving which places other drivers at risk.
Trucking companies have a legal duty to send their drivers out with safe vehicles and truckers are responsible for properly inspect their vehicles before taking theme out on the road.
However, many trucks still end up on the roads with poor tires, weak brakes and other mechanical problems. This leads to dangerous road conditions for all drivers on the road.
All these behaviors are negligent driving
Many truck accidents in Florida are caused by negligence by the truck driver or the trucking company.
If you are in an accident with a truck, it is important to seek treatment immediately. You should then take action to obtain compensation for your damages.
The trucking company is likely going to try to find ways to minimize its losses and blame you for causing the accident. Building a strong case against them can help you protect your interests and right to compensation.]]>On Behalf of Wieland & DeLattrehttps://www.wdjustice.com/?p=507552024-02-12T15:17:18Z2024-02-12T15:17:18ZAccording to the Florida Highway Patrol, the driver of a Kia swerved to avoid a vehicle changing lanes and ran off the roadway, coming to rest in another lane.
Another driver and a motorcyclist both then struck the Kia, with the motorcyclists sustaining fatal injuries. The victim was a 46-year-old man from Merritt Island. He was apparently thrown from his motorcycle after the collision, landing on a paved shoulder of the road.
Other vehicles, including another motorcycle, also swerved and crashed trying to avoid the Kia. The other drivers involved in the accident were taken to the hospital with minor injuries.
Practicing safety can reduce your risk of an accident
Avoiding a vehicle in the middle of the road in a case such as this may be next to impossible, but there are many tips you can follow as a motorcyclist to stay safe on Florida’s busy roads.
Keep your motorcycle properly maintained so it is always safe for riding. Wear a helmet and the proper safety equipment, such as eye protection. Wear bright colored and sturdy clothing.
Practice attentive driving. Know that other drivers often do not see motorcyclists on the road and/or do not believe they have the same rights as they do.
Be aware of other drivers and of cars pulling out from driveways, parking lots or other areas where they do not see you. Pay particular attention at intersections.
Constantly review the road and be alert for changing conditions. Position yourself properly in lanes so other drivers can see you.
Follow all traffic laws, such as using turn signals for all turns and lane changes. Never ride while drowsy or intoxicated.
No matter how safely you drive, accidents like the one above can come out of nowhere and happen in an instant. The injuries you suffer in a motorcycle accident are often serious or permanent.
Negligent driving is the cause of many motorcycle accidents in Florida
You can hold a negligent driver responsible for the costs of your accident. These include the costs of your medical care and any other losses, such as lost wages or pain and suffering.
It is important to know how to prove negligence, since Florida recently changed its negligence law from pure comparative negligence to modified comparative negligence.
This means that if the other driver claims you were also negligent in the accident and a court finds that more than 50% of the fault is yours, you cannot recover any damages.
This can be financially and emotionally devastating, as you may be left with outrageous medical bills and be unable to work yet receive no compensation.
Therefore, gathering evidence after a motorcycle accident to build the strongest case possible is vital.]]>