Auto / Car Accident

Tallahassee Car Accident Information

Wednesday, September 9th, 2009

Tallahassee Car Accident Information
There were over 5500 car accidents in Leon County during 2008. In fact, Leon County has over 200 car accidents per 100 million miles driven by people in that county, which was the second highest in the state (Miami-Dade was the top county with 220.2). The statewide average was 122.6 accidents per 100 million miles driven.

What that means is that a driver in Tallahassee is roughly 60% more likely to get in a car accident than the average driver in Florida for every mile they drive. Everyone thinks they are a safe driver and so they don’t need to worry, but no one leaves home in the morning planning to get into an accident. That’s why they call them accidents. While you can control your own driving you have no control over any of the other vehicles on the road, weather conditions, or any of the myriad other potential causes of a car accident.

What should I do if I am in a car accident?

The first and most important step is to look out for the safety of yourself, your loved ones, and anyone else who might have been involved in the accident. After the appropriate steps (moving the vehicles out of the road if they are still drivable, calling emergency services, etc.) have been taken to assure the safety of everyone involved, the decisions you make while at the scene can significantly influence your chances of getting the compensation you deserve.

Most importantly, remain cool and calm. Your goal at this stage is simply collecting information. Exchange information with the other driver(s) involved; also make sure get the names of any passengers in the other cars. If there are any witnesses, collect their names and contact information.

If you have a camera or a cameraphone with you, take pictures of all the cars involved and of the scene of the accident. Photograph any non-car objects that were involved like guard rails or telephone poles. If you don’t have a camera, try to obtain as much information as possible from observation and document it in whatever way you can.

Be honest while discussing the incident with responding police officers, but do not discuss the concept of fault or blame with anyone.

Even if you just feel a little sore and bruised, you should go to the emergency room. The adrenaline of being in a collision may be blocking out pain, and some back and neck injuries won’t be immediately apparent. Your health and safety always need to be your top priority. There are two hospitals in Tallahassee:
Capital Regional Medical Center in the northeast part of Tallahassee off Capital Circle NE

Tallahassee Memorial at the intersection of N. Magnolia Drive and Miccosukee Road.

After visiting the emergency room and being diagnosed and treated, you should call an attorney to make sure that someone with the experience and knowledge needed will be looking out for your interests against the other driver and their insurance companies.

My insurance card tells me to call my insurance company immediately; won’t I get in trouble if I wait?

You are under no obligation to report the accident to your insurance company immediately. You must always remember that while you are a customer of the insurance company, every employee of that insurance company you speak to owes a duty to their employer first and you second. The insurance company will look out for their own best interest; the only person who can be relied on to look out for you is YOU.

There are certainly some situations where calling the insurance company immediately is the wisest course of action. If you are in a one-car accident with no injuries (like sideswiping a guard rail) and the only reason you are using your insurance is to pay for repairs to your own automobile, involving the insurance company as quickly as possible will help move the process along.

However, if there is another vehicle involved, speaking to an attorney about the accident before talking to your insurance company can help you make educated decisions about the best course of action to take.

I’ve heard Florida is a “no-fault” state, why should I care who was to blame for the accident if everyone’s insurance company will pay their own damages?

The state government requires every Florida insurance policy to cover the first $10,000 of medical bills and lost wages caused by a car accident incurred by the policyholder (it does not include pain and suffering). That coverage is what makes Florida a “no-fault” state. Above that limit a determination of fault will affect civil liability, and while $10,000 might seem like a lot of money any injuries that require hospitalization or long term medical care can easily result in over $10,000 of costs.

Car Accident Lawyer in Tallahassee against Texting While Driving

Sunday, August 30th, 2009

As a car accident lawyer in Tallahassee, Florida, I see a lot of college students crashing their vehicles due to text messaging while driving their vehicles. Tallahassee is the home of Florida State University, which currently has more than forty thousand students. Almost every one of those students has become addicted to text messaging, and they can’t stop doing it even while driving. Here’s a fact: Driving while texting is just as dangerous as driving drunk. One major research study concluded that texting drivers are 23 times more likely to crash than other drivers. The average text message takes a driver’s eye off the road for 4.6 out of every six seconds. A federal law has been proposed that would force states to ban texting while driving. This law has not yet passed, and Florida has not yet implemented a law against texting and driving. As a personal injury attorney, my position is that anybody who causes a wreck while texting is guilty of gross negligence and is subject to the possibility of punitive damages in addition to paying compensatory damages. It hasn’t happened yet, but I can assure you that one day we’ll see some college student getting convicted of manslaughter because he couldn’t wait to text. Drivers in Tallahassee need to be particularly attuned to possible accidents due to texting while driving, because college students make up a large portion of our population. All parents who have driving teenagers need to educate their children about the dangers of texting while driving. This is such an important issue that Democrats and Republicans need to come together politically to put a ban on texting while driving.

Jimmy Fasig

How to Negotiate a Personal Injury Settlement- Part 6

Thursday, August 20th, 2009

You have followed all of the first five steps and negotiations seem to have failed. You have written a letter regarding the severity of the injuries to the defense adjuster long before treatment was completed. Once the plaintiff reached maximum medical improvement, you wrote a demand letter to the adjuster and submitted it along with supporting documentation. You obtained the first offer from the adjuster along with the adjuster’s anticipated defenses. You decided upon a reasonable settlement value. You tested the adjusters’ resolve by asking for a better offer. You made counter offers utilizing the bracketing technique, and decreased your demand to the same extent that the adjuster increased his offer. The adjuster stopped increasing his offers and told you at least three times that his last offer was a final offer. Yet the adjuster still hasn’t offered to pay what you and your client decided to be a reasonable settlement offer.

Your choices appear to be twofold: you can either settle the case for less than you think it’s worth, or you can file a lawsuit and take the defendant to court. At this point, it is important that you don’t settle the case. I never settle a case for less than I think it’s worth unless my client instructs. And I never file a lawsuit until I’m convinced there is no way to convince the adjuster to pay what the case is worth. When negotiations appear to have reached an impasse, I do the following:

1. I obtain additional documentation to support the claim and ask the adjuster for a better offer. This additional documentation might come in the form of medical opinions, before/after witness statements (witnesses who can testify abouty my client’s injuries after the accident as compared to his or her physical condition before the accident), additional documentation to solidify the lost wages claim, additional documentation to support the mileage claim, additional documentation regarding the cost of future medical treatment, etc.. If this elicits a better offer, I then reinstate the bracketing procedure until we settle the case or reach another impasse. At this point, I like to start negotiating with the adjuster via fax or e-mail as opposed to over the phone. The adjustser has already told me that she will not pay a penny more on the case. By submitting the additional documentation along with a letter, it makes it easier for the adjuster to answer in writing, saving herself the embarrassment of acknowledging over the phone that her previous threat of a “final offer” was actually a bluff. It’s good to send this additional documentation little by little as opposed to all at once, because each time you send additional documentation you may receive an increased offer, and you can reinitiate the bracketing procedure.

2. I do jury verdict research and submit it to the adjuster. Westlaw has a jury verdict research function that allows me to look through cases which have previously been decided by a jury to find a case comparable to the one I am negotiating. If I can find some cases similar to the one I am negotiating but with verdicts higher than the defendant’s last offer, I submit them to the defendant’s adjuster and ask for a better offer. If this elicits a better offer, I reinitiate the bracketing procedure until the case settles or we reach another impasse.

3. If neither additional documentation nor jury verdict research get the case settled, I then prepare a complaint and discovery and send it to the defendant’s insurance adjuster, asking once again for a better offer and explaining that I will file the complaint and discovery if a better offer is not forthcoming. I indicate that my client is willing to continue negotiations if the defendant will increase the offer. If this elicits a better offer, I then reinitiate the bracketing procedure until the case settles.

4. If the case doesn’t settle, I file a lawsuit and prepare for trial. It’s important to be willing to walk away from a settlement if you don’t think it’s fair. Once I file a lawsuit, I send a letter to the adjuster saying that negotiations have failed, all settlement offers are off the table, and the cost of settling the case will increase with the amount of money I put into it.