Tag

car accident Archives | Osborne & Francis

What to Do If You are In a Car Accident During a Test Drive

What to Do If You are In a Car Accident During a Test Drive

By | Accident, Car Accidents | No Comments

If you have ever purchased a car, then you know how important it is to take it for a test drive before you make your decision to buy it. The test drive is an exciting step in the process of buying a car. While accidents occurring during a test drive don’t happen very often, if one does happen, there are some questions that are raised that are different from those asked about normal car accidents. Here are some of the questions that arise when there is an accident during a test drive, and the answers to them.

Who Is Responsible for the Car Crash?

Like any car accident, in an accident with a car that is being test driven, the party whose negligence or carelessness caused the accident will be considered responsible for the damages that result. If you committed a traffic violation, were negligent, reckless, or distracted while test driving a vehicle, then you may be found to be liable for the accident.

There are no special rules designated for accidents that occur during a test drive in determining liability. It’s expected that you familiarize yourself with any special nuances (the car’s features and sight lines) before you begin driving it; and that you use proper caution as you develop a level of comfort driving the car (for example, steering, braking, accelerations, etc.).  

If you are involved in a test drive car accident, make sure that you take the same steps you would after any type of car wreck. Record the names and information of all involved drivers, passengers, and witnesses; take pictures of the cars involved and the scene of the accident; report the accident to your insurance company and the police; and, most importantly, call an experienced car accident attorney to ensure that your rights are protected.

Whose Insurance Will Cover the Accident?

Whose insurance will cover the accident will depend on who is found to be at fault. It is especially important to have a car accident lawyer advocating for you during this process, so that if you are not at fault, or if you are only partially at fault, that you do not get taken advantage of by the other insurance companies.

There are typically at least three insurance companies involved when there is an accident during a test drive: the dealership’s, yours, and the other driver’s (there may be one or more other drivers involved, each with their own insurance).

Car dealerships have to carry fleet insurance on all of the vehicles on their lot, and a test driver is usually covered under that policy. Usually, fleet coverage will cover all damages that result from an accident that happens during a test drive, regardless of whose fault the accident was. However, in serious accidents, or when the test driver or the driver of the other involved vehicle is clearly at fault, the dealership may seek to have damages paid in a third-party claim.

If you are found to be at fault for the accident, and the dealership or other involved parties decide to file a claim against you, it will be your insurance company that has to pay for damages, up to the limits of your liability coverage.

If the other driver that is involved in the accident is found to be responsible, then the car dealership will not be able to hold you liable for any damages, instead, they will have to make a claim against the other driver’s insurance. You too can make a claim against the other driver’s insurance if you sustain injuries in the accident.

Seek Help Right Away for a Test Drive Accident

It is easy to get lost in all the red tape that accompanies car accidents. If you or a loved one is injured in an accident during a test drive, let Boca Raton car accident lawyer, Joe Osborne, help you navigate all the complexities involved in making a claim. Contact the Florida law firm of Osborne & Associates at (561) 293-2600, for an evaluation of your car accident and help with how to proceed.

Car Accident Lawyer Joe Osborne

Drivers Must Take Adverse Weather Conditions into Account Says Boca Car Accident Lawyer Joe Osborne

By | Car Accidents, Personal Injury | No Comments

The end of summer and beginning of fall are prime time for hurricanes in Florida. With wind and rain, flooding, and hazardous road conditions, it’s sometimes best to stay off of the roadways completely. Of course, that isn’t always possible. But, when drivers must be on the road when adverse weather conditions exist, it’s important to take those conditions into account says Boca car accident lawyer Joe Osborne.

Florida roadways can be very dangerous during and following adverse weather conditions. When drivers operate their vehicles at highway speed limits while it is still windy and wet, it is easy to lose control of their cars, hydroplane, and crash into other vehicles. In fact, most adverse weather accidents happen when drivers are in a hurry and they don’t drive in a manner that is reasonable based on the road conditions, and they fail to use good common sense.

When someone is injured in a car accident that occurs during bad weather and another driver’s negligence contributed to the wreck, they may be entitled to receive damages per Florida law.

What Are Common Causes of Adverse Weather Accidents?

When bad weather is paired with negligent or reckless driving, it creates the perfect environment for serious accidents. Some of the common causes of adverse weather accidents in Florida are:

 Distracted driving

  Driving at speeds too high for the weather conditions

  Hydroplaning

  Operating a vehicle with low, defective, or balding tires

  Speeding in low lying areas where water has puddled

  Negligent or inattentive driving

When you are driving in bad weather, it is imperative that you pay attention and drive cautiously, obeying all traffic signs. However, sometimes no matter how carefully you drive, accidents will still happen in adverse weather conditions.

When Others Drive Negligently in Adverse Weather Conditions

Unfortunately, you may find yourself in a position where someone else’s negligence during bad weather causes you to be involved in an accident on the roadway. If that happens, and you are injured, in order to recover damages for your injuries and property damage, you will have to prove that the other driver was negligent. More specifically, you will have to prove that the other driver breached his or her duty to act reasonably under the circumstances and that his or her breach of that duty resulted in your injuries and damages.

Further, to prove damages in an adverse weather car accident, you have to show causation – that the accident caused your injuries or exacerbated a preexisting condition that you had. If you are able to prove that, you may be able to recover damages for the following:

     All accident-related medical expenses

    Compensation for lost wages for missing work due to injuries

    Pain and suffering

    Mental anguish and emotional distress

    Loss of earning capacity if there is a permanent disability

    Compensation for permanent damages and injuries

    Compensation for loss of enjoyment of life

   Compensation for loss of consortium

  Wrongful death (when the accident resulted in a death)

An Experienced Car Accident Attorney Can Help

If you or a loved one has been injured in an adverse weather car accident, you may be able to recover monetary compensation for your injuries and property damages. Vehicle accident cases often require both legal and medical expertise in order to have positive outcomes. It’s important that you contact an experienced attorney to help you with your case.

Call Boca car accident lawyer Joe Osborne at (561) 293-2600 or complete the online contact form to discuss your case and how best to proceed.

Press Contact:

Joe Osborne personal injury attorney

(561) 293-2600