bicycle accidents

Reasons the Other Driver's Insurer Won't Pay

Reasons the Other Driver’s Insurer Won’t Pay

By | Auto Accident, bicycle accidents, Car Accidents, Driver's Insurer | No Comments

You are driving at a legal speed, obeying traffic laws and signals, when another vehicle crashes into yours. The accident is clearly the other driver’s fault, so you would assume that his insurance company would pay for your medical and car repair expenses. However, that isn’t always the case. Car accident cases can be much more complicated than you would think, and there are times that insurance companies refuse to pay. That is why it is always in your best interest to consult an accident attorney immediately following any car wreck like the law office

Instances When an Insurer May Refuse to Pay

Even though the fault of your car accident may seem obvious, there are still some circumstances in which the other driver’s insurer may refuse to pay for your expenses. The following are five such instances:

 The Other Driver Had a Sudden Medical Event

It isn’t as uncommon as you may think for at-fault drivers to use the defense that they had a sudden, incapacitating medical event that caused them to lose control of their vehicle resulting in an accident. It is true that a driver may not be held liable if he or she had a sudden emergency – like a stroke or heart attack – provided that there wasn’t enough of a warning to safely exit traffic. However, the driver could be found negligent, and therefore liable, if it’s determined that he or she should not have been driving with the medical condition, or that he or she neglected to take care of the medical condition prior to driving.

 The Other Driver Hits Your Car After Being Involved in a Hit-and-Run

Consider this scenario: there is a truck that is hauling furniture that loses a couch off the back of the vehicle. This causes the car next to you to swerve and crash into your car. The furniture truck is oblivious (or not) and keeps going with no one obtaining the license plate number.

Your damages for this type of accident may require that you utilize your own uninsured motorist coverage. However, there may also be times that you have a legitimate claim against the driver of the other car. It’s hard to know without the assistance of an experienced car accident attorney.

A First Responder Hits Your Car on the Way to An Emergency Call

When a fire truck, ambulance, police car, or other first responder is racing to an emergency and hits your vehicle, it can be tough to prove negligence. In fact, it is usually a case where gross negligence has to be proven on the driver’s part, not just negligence – especially if the emergency vehicle had lights and sirens going. Anytime you file a claim against a government entity, there are a lot of hoops to jump through, and the standard for proving liability in these types of cases is much higher than that of a regular car accident.

Another Driver Hits a Deer, Loses Control and Hits Your Car

There are some instances where a car accident it truly that – an accident where no one is at fault. This may be the case when an animal suddenly jumps out in front of a car causing it to crash into another vehicle. However, there are also times when such an event occurs and there is some fault on the part of the other driver. For example, if the other driver hit the deer because he was speeding and unable to brake fast enough causing a crash with your car, then he may be held liable for your damages.

You Are Hit by a Thief Driving a Stolen Vehicle

While this may seem like a fairly unlikely possibility, it does happen. Because insurance policies cover the car owner and other licensed drivers who have permission to drive the vehicle, and there is no consent when a car thief takes the car, the car owner’s insurance company will refuse to pay your damages. However, there are cases where the car owner could be held partially at fault. For example, if he left the keys in the car with the engine running, he could be found partially to blame.

Seek Help from An Experienced Attorney

The above types of accidents are complicated, and they require representation from an experienced car accident attorney to resolve favorably. If you or a loved one has been involved in any car accident, contact Boca Raton personal injury lawyer Joe Osborne at (561) 296-2600 or complete the online contact form to discuss your case and determine how to proceed.


Florida’s Bicyclists are in Danger Says Boca Bike Accident Lawyer Joe Osborne

By | bicycle accidents | No Comments

Ten year old a recent victim in the most dangerous state for bicyclists, Florida, says Boca bike accident lawyer Joe Osborne.

Florida is notorious for frequent accidents involving vehicles, pedestrians and bicyclists. Whether it’s due to poor road design, inattention, distraction or just plain bad driving the state’s bicyclists seem to be second class citizens when it comes to safety. Boca bike accident lawyer Joe Osborne says these accidents are preventable and negligent drivers need to be held accountable.

A recent victim is a ten year old Pensacola girl who was struck and killed by a car while riding her bike, reports the Pensacola News Journal. The girl was using a bike lane last month when the driver of a Ford allegedly failed to see her, didn’t provide her the right-of-way and struck her, causing fatal injuries. She was airlifted from the scene to a hospital, where she died. According to the newspaper criminal charges are pending against the driver, a 47 year old Pensacola resident.

While the girl’s family grieves her loss, the carnage continues on Florida’s roads. A 2015 report issued by the federal Centers for Disease Control and Prevention (CDC) found that Florida has the country’s worst rate of bicycling deaths (0.57 per 100,000 people) more than twice the nationwide rate (0.23 per 100,000).

The CDC also found that while many other states have sharply reduced bicyclists’ deaths over the last 30 years, Florida has barely made a dent, cutting the number by less than 10%. Only Wyoming is doing a worse job.

Nationwide bicyclist safety is getting better. The number of deaths per 100,000 people decreased 44% during the two time periods measured, from 1975 to 1979 and 2008 to 2012. The sharpest decrease was for children younger than 15. Despite this good news bicyclists die on U.S. roads at a rate double that of vehicle occupants, even though bicycle travel is only about 1% percent of all trips for all types of transportation.

The Florida Department of Transportation and the University of South Florida’s Center for Urban Transportation Research put out a plan to address cyclist safety in 2013. It stated solving the problem boiled down to engineering, education and enforcement.

  • Roads are not engineered and speed limits were not created to accommodate cyclists and their safe travel. The report suggested widening bike lanes from four to seven feet. In the long term the plan suggests roadways be engineered to match their location where the busier the area, the more narrow the vehicle lanes and the slower the speed. With lower speeds, the easier it is for drivers to make the right decisions in busier areas with more cyclists.
  • Education and enforcement may address many Floridians’ attitude that they don’t need to share the road with bicyclists. Under state law bicyclists have a right to use roads as much as those driving vehicles.

Plans for a safer future are great but right now bicyclists face a dangerous present. If you or a loved one suffered an injury caused in a bicycling accident involving a driver or dangerous road conditions, contact Boca bike accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

Boca Bicycle Accident Lawyer On Why Florida Cyclists Should Fear For Their Lives

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Florida cyclists deaths are double the national rate. Boca bicycle accident injury lawyer Joe Osborne explains how you can protect yourself.

If you are unaware, Mad Max Fury Road was a recent film based on vehicular warfare in a post-apocalyptic world. This was a fictional movie, but for a cyclist in Florida, it seems like it is becoming a reality. If you find yourself in an unfortunate encounter as a bicyclist and you’re the injured party contact top Boca bicycle accident lawyer Joe Osborne and he may be able to help.

Florida drivers have discussed their complaints about how bicyclists “act like they own the road” or that they hate “the guys in spandex” riding their bikes on an early weekend morning. Contrary to what those drivers believe these cyclists have the right to be there. Yes, they might cause an inconvenience for a person behind the wheel but two-thirds of the time the fault of an accident is on the driver of the car.

There is a list of factors that have contributed to the Florida roads becoming deadly. Smart Asset came out with a study that “studied every state’s propensity for driving tickets, traffic deaths, DUI arrests, and uninsured drivers” and Florida ranked number one in the nation for worst drivers. Florida cyclists have to take the initiative and not count on the good grace of a Floridian driver. The proof is in the pudding and if exceptional legal advice is needed contact personal injury lawyer Joe Osborne.

Some obvious ways to combat bad driving are to wear a helmet, be cautious of where a bike lane starts and comes to an end, and also be extra careful and aware of riding your bike at night. When you are out riding your bike at nighttime you can never assume that a driver can see you. If you do indeed get hit by a car or truck Florida law does protect those who are victims of negligent drivers. It is vital to enlighten yourself as well as family members who also use bicycles to be aware of current cycling laws in your region.

Lastly, top personal injury law firm Osborne & Associates explains that if you do come into contact with a reckless driver make sure that you always call the police to the scene of the accident regardless of the damage. Being involved in an accident with a vehicle as a cyclist is a scary experience; just make sure you try to relax and think logically. Contact experienced personal injury attorney Joe Osborne immediately and make sure you are not deprived of personal injury protection.

If you or a family member have been injured in a bicycle accident in Miami-Dade, Broward or Palm Beach Counties and have any questions about accident law, contact Boca bicycle accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. We can talk about the situation, how the law could apply in your case and the best legal options to protect your rights and obtain compensation for your injuries.