In the state of Florida automibiles are without a doubt the main way people within our state travel. Think about that for just a moment. Literally hundreds of thousands of people on a daily basis, get inside large, heavy, metal objects and move around in them at very fast speeds throughout Floirda. That seems like a recipe for disaster, accidents, and death, and it is. The statistics are staggering. The amount of deaths that occur due to accidents in year 2017 ranked #3 amuogst the leading cause of death in the United States. In 2016 over 40,000 people died in motor vehicle accidents alone while 4.6 million people sustained injuries. In 2017 that number is expected to grow to approximately 5 million.
Unfortunately, most all of these accidents are in fact avoidable. Most of these accidents were caused because drivers were not paying attention, were foolishly using their cell phones while driving, were driving to fast, were driving while intoxicated, were driving while disctracted, or were driving while failing to obey the traffic laws, rules, and signage that exist for their safety. When people operate these large metal objects in a negligent fashion and fail to recognize the awesome responcibility that comes with operating a motor vehicle, the sad and true fact is that innocent people get hurt, seriously injured, and often times as the statistics confirm, lose their lives. Drinving a motor vehicle in the state of Forida is not a right, it is not a game, it is a privledge. When one person takes atvantage of that privledge and causes bodily injury or death to others it is important that the injured party make available to themself all f the rights and remedies that the laws within the state of Florida provide.
If someone in a motor vehicle or a commercial truck has hurt you, an experienced and passionate advocate can make all the difference. For the Melbourne and Palm Bay auto accident attorneys of The Law Offices of James B. Coulter, it's personal: Years ago, when James Coulter first began his legal career he was a state prosecutor for the 17th Judicial Circuit of the State of Florida. While on his way to work one morning Mr. Coulter's vehicle was T-boned by a large commercial truck. The accident nearly took his life. Fortunately, Mr. Coulter survived and since that time he has obsessively dedicated the majority of his practice to representing others who have been seriously injuried as the result of auto, trucking, and motorcycle accident. Mr Coulter went through months of treatmen and years of rehibilitation for his injuries. He's been through the process as a victim and he understands how overwelming it can be to deal with the big insurance companies and the difficulties that come with auto accident injuries.
James Coulter of The Law Offices of James B. Coulter cares about you and will fight for you. Before hiring one of those law firms that promises the world and fails to even put you on the telephone with an actual attoreny during your first consultation, contact Mr. Coulter and speak directly with him during a free cunsultation about the rights and remediies that may be available to you. Dont be fooled by the big TV advertisers that tell you to call them only to direct you to a call center so that you can discuss your case with a legal assistant, a paralegal, or a case manager. Call your Florida accident attorneys today at (321) 586-9944 or send an online message to set up a free consultation with a Florida auto acicdent attorney who knows what they are doing and will personally be there for you during your time of need and crisis.
We represent victims as well as the familes of those of have wrongfully been killed or injured in auto accidents throughout the state of Florida, including Brevard County , Orange County, Volusia County, Seminole County, Indian River County and Osceola County. Our central office is in Melbourne and we proudly serve all of Palm Bay Florida, Viera Florida, Cococa Beach, Indian Harbor Beach, Satellite Beach, Cape Canaveral, Mims, Titusville, Sebestian, Grant, Valkaria, and all of the other surounding areas around central Florida as well as the rest of the state.
The most important thing to note about Florida law if have been involved in an accident is that Florida is what we call a "no-fault" car insurance state. That means that if you have been injured in a car accident in the state of Florida, your own car insurance, to a certain extent, must offer coverage and compensation for your injuries and other losses stemming from the accident, regardless of who was at fault for the accident.
Only in certain cases when injuries are serious enough and the fault belongs to another driver, you can step outside the no-fault system and hold the other driver liable for your injuries. Under Florida Statutes, only car accidents that result in a permanent injury, or significant and permanent scarring and/or disfigurement, will allow a potential plaintiff to take a claim outside of the no-fault system. This is known as the "serious injury" threshold.
A "statute of limitations" is a law that sets a deadline for filing certain kinds of lawsuits. In Florida, the statute of limitations for personal injury and property damage cases related to traffic accidents is four years (Florida Statutes Title 8, Ch. 95, Sec. 95.11).
Remember, you can not usually file a lawsuit over a car accident in Florida unless your claim qualifies under the state's "serious injury" threshold as aforementioned in the previous paragraph. But if your claim does qualify, this four-year window "opens" the day of the accident. Weekends and holidays are included in the count. After four years, you may be barred from bringing your case to court, no matter how strong your arguments are.
Injured people who are involved in traffic accidents need to follow a different procedure if the accident involved a government employee and/or government property. For instance, if you were injured when a city bus hit your car, you'll probably need to file a "notice of claim" with the government agency in charge of public transit, and you'll need to do it quickly in order to preserve your rights.
In Florida, your options for settlements after a traffic accident depend in part on who was the "at fault" party. Meaning, who was the cause of the accident. If your case goes to court, a judge or jury may decide that both you and another driver were to a certain extent "at fault" for the crash. If this happens, how does it affect your ability to receive damages?
Florida uses a "pure" comparative fault rule in car accident cases. The rule requires that each driver is responsible for their percentage of fault. Under the "pure" comparative fault rule, you will receive the total damages amount minus a portion equal to the percentage of your fault. The "pure" comparative negligence rule remains the same even if you are found to be more at fault than the other driver.
Florida law requires drivers to have certain kinds and amounts of car insurance, which can affect their traffic accident settlements. Often times the at fault drivers are under-insured and we are forced to look elsewhere to find proper insurance coverage for our clients. Before taking on an auto accident case wihtout an attorney be sure to consult with someone who understands the different types of coverage and the coverage requirements within the state of Florida.
There are many causes of accidents. Some of the most common are distracted drivers, intoxicated drivers, and defective roadways. There are many different ways an accident can happen. Common types of car accidents in Florida include:
There are many different types of people and vehicles you could get in an accident with, not all of which are cars. Just a few:
There are also different issues to be concerned about, like uninsured or underinsured drivers, or personal injury protection. No matter the circumstances of your accident, we would be honored and proud to fight for justice on your behalf.
An insurance company may have offered you a settlement. Remember, the insurance company is looking out for itself. You can have someone looking out for you. At The Law Offices of James B. Coulter, we'll fight for your rights. We work on a contingency basis, meaning we only get paid if you do. Call us at (321) 586-9944 or send an online message to set up a free consultation.