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Florida Auto Accident Laws

Posted by Fred Koberlein, Jr. | Jan 14, 2016 | 0 Comments

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There are fifteen million drivers on the road at any given time in the state of Florida. That's an astounding number, and with that many cars on the road it is no surprise that a quarter of a million (250,000) auto accidents take place every year.While we all are aware that accidents happen, when one happens to you, it is scary and confusing. You don't know what to do next or where to go. Insurance companies and the person at fault may pressure you to sign away your rights and nobody wants to protect you. Read on to educate yourself on the basics of Florida auto accident laws, and get in touch with a personal injury attorney to handle your case today.

First Steps

When you are in in an accident the first thing you need to do is try to stay calm and take stock of any and all damages and injuries as soon as possible. If you are not seriously injured, try to get contact information from witnesses and take photos of the scene. In Florida, reporting an accident to the police is mandatory pursuant to section 316.061, Florida Statutes.

Get your vehicles off the road, call any help needed and exchange information with the other driver. Then, right away, get checked by a doctor. Do this even if you do not feel injured at the time. Keep detailed records of every step you take.  Above all, never apologize for anything to the other party at the scene.

Liability in Florida

Negligence is a primary factor in determining fault under Florida auto accident laws. Every driver on the road has a duty of care to protect other drivers, people and property. Failing to act with reasonable care is the core of any personal injury case. In Florida, comparative negligence is the concept used to determine liability. Each person in an accident is considered liable to the degree at which he or she is deemed negligent.

Florida Auto Accident Law

Determining fault following the submission of an insurance claim is often begun by the claims adjuster of the insurance company involved. In some cases, fault is very clear, but in many, it's a bit greyer and the courts may need to get involved. There are many factors that can come into play in determining negligence. These include:

  • Witness statements
  • Police reports
  • Photographic evidence
  • Medical records
  • Forensic evidence at the crash site
  • Admission of fault by one or another party

Florida Personal Injury Lawyers

Insurance companies are known for using strong-arm and bullying tactics to get people to sign away their rights or agree to lowball settlements. It is vital if you are injured in a car accident to seek the services of a qualified Florida personal injury lawyer. A lawyer will stand in your corner and fight for your rights every step of the way. They will be your best ally in making sure that you get the compensation to which you are entitled, so you can get back on your feet, recover and regain control of your life. For a free evaluation of your case, give us a call today.

About the Author

Fred Koberlein, Jr.

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.

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