Partial Fault in Car Accidents: Am I Still Eligible for Damage Claims?

The holiday season brings joy, celebration, and a much-needed opportunity for rest and relaxation with loved ones. Here at Goldman Tiseo Sturges, PA, nestled in the heart of Port Charlotte, and serving our neighbors in Punta Gorda, Englewood, North Port, and beyond, we understand the importance of this festive time. Yet, amidst the twinkling lights and festive cheer, it's crucial to remember the increased risks of personal injuries during this time of year. Decorating Dangers Decorating the house is a cherished tradition, but it can come with risks. Ladder falls, electrical shocks from holiday lights, and injuries from lifting heavy boxes can turn joyous occasions into emergency room visits. Please decorate responsibly: use sturdy ladders, check lights for damage, and lift with care. Holiday Traffic Hazards The increase in holiday traffic, combined with seasonal gatherings, can elevate the risk of auto accidents. Our extensive experience with automobile, motorcycle, and bicycle accident claims across Port Charlotte and the greater Southwest Florida area teaches us the value of vigilance. Always designate a sober driver, stay alert, and be prepared for unpredictable weather. Toy Safety Gift-giving is a highlight of the Christmas season. However, ensuring the toys you gift are age-appropriate and safe can prevent injury. We’ve seen the unfortunate side of dangerous products through our work with wrongful death and personal injury claims. Always check product recalls and safety warnings before placing toys under the tree. Fire Safety Candles, fireplaces, and holiday lights bring warmth and ambiance but also pose serious fire risks. According to the National Fire Protection Association, December is a peak time for home fires. Ensure your smoke detectors are functional, never leave candles unattended, and maintain your fireplace properly to avoid potential disasters. GTS Law Firm: Here For You Through The Holidays Should the unexpected happen, remember that we are here to help. From auto accidents to personal injury, our combined expertise and local insight offer unrivaled support and representation. We take the time to understand your case personally, treating you as a neighbor, not a case number. This Christmas, let’s keep our spirits high and our community safe. However, should you find yourself in need, GTS Law Firm stands ready to assist you. For a free personal injury consultation, reach out to us at any time. We wish you a Merry Christmas and a safe, prosperous New Year.

In the wake of a traffic incident within the Charlotte County borders or the broader Southwest Florida region, knowing what not to do is just as critical as knowing the right steps to take. Our GTS Law Firm attorneys are well-versed in these local roads and laws and here to guide you through averting common missteps following an auto accident. 1. Hesitate to Seek Legal Guidance From the scenic drives of Punta Gorda Isles to the bustling streets of Port Charlotte, accidents can unsettle any driver. Don’t delay in seeking adept legal counsel from our GTS attorneys who are familiar with Charlotte County and Southwest Florida regulations. Prompt legal advice could be pivotal to securing fair compensation. 2. Leaving the Scene too Quickly Stay calm and remain at the scene if possible. In Charlotte County, as in all of Florida, fleeing an accident scene can lead to severe legal complications and impair your ability to obtain damages. 3. Not Reporting to Law Enforcement It is crucial to report the incident to the local law enforcement immediately, whether it’s the Charlotte County Sheriff’s Office or city police. This report will anchor your claim, preserving crucial details of the event. 4. Unwitting Statements of Responsibility Even an innocuous apology at the scene can be misconstrued as an admission of fault. Remain neutral and factual in your interactions at the scene to avoid complications with your case. 5. Overlooking Evidence Collection The roads of Southwest Florida bear witness to accidents daily, and tangible documentation is your most faithful ally. Snap photographs, exchange information with witnesses from Venice to Fort Myers, and record all details pertinent to the incident. 6. Rushing to Close Financial Settlements Immediate offers may seem like the fastest route to resolution, but they frequently undervalue the true extent of your losses. In the fast-paced environments of areas like Sarasota or Naples, take a step back and consult with our GTS attorneys before accepting any settlement. 7. Ignoring Timely Medical Checks Beyond the initial shock lies the reality of your physical well-being. A delay in medical examination in any of our local health facilities can erode the credibility of your injury claims and impede recovery, both physically and financially. 8. Over-Indulging in Communication Remember that Charlotte County is a tight-knit community, and word travels fast. Sharing details of your incident can work against you, especially with today’s online connectivity. Keep your case details confidential until finalized. Struck on Southwest Florida’s Roads? Contact GTS Law Firm!  If the unexpected happens on the roads of Charlotte County or anywhere in Southwest Florida, your recourse is our top priority. At the GTS Law Firm, we deliver personalized attention with a robust knowledge of local traffic laws. Reach out to our team for a no-cost consultation to address your auto accident concerns today. (941) 625-6666

Car accidents often focus on the drivers involved, but what happens if you were a passenger during the incident? Understanding your rights and options is crucial if you find yourself injured while a passenger. At GTS Law Firm, we provide the insights and legal guidance you may need after such an unfortunate event. Elements of Negligence in a Car Accident In Florida, determining negligence is essential for any car accident compensation claim. Whether you were a passenger or a driver, the fundamental principles of negligence remain the same: Duty of Care: Every driver on the road owes a duty of care to other road users, including their passengers. Breach of Duty: This is established when a driver engages in behaviors that violate this responsibility—be it through distracted driving, intoxication, or other reckless actions. Causation: The injuries sustained by the passenger must be directly linked to the breach of duty.  Damages: There must be verifiable damages that resulted from the accident, such as medical bills or lost earnings. When Can a Passenger Sue the Driver? As a passenger, there are several scenarios where you might have a valid claim against the driver: Driving Under the Influence: If the driver was intoxicated, proving negligence becomes relatively more straightforward. Reckless or Aggressive Driving: This includes speeding, erratic lane changes, or aggressive maneuvers. Distracted Driving: Involvement in activities such as texting, eating, or using a phone that leads to an accident can all constitute negligence. Violation of Traffic Laws: Such as running stop signs or red lights, or making illegal turns. Exceptions to Filing a Lawsuit as a Passenger There are, however, certain circumstances under Florida law where a passenger might be unable to sue the driver: The Driver Is Not at Fault: If another driver or an external factor caused the accident, the passenger might need to seek compensation from other parties. Household Exclusions: Some insurance policies might prevent a passenger from suing a driver who lives in the same household. Minimal Fault: In Florida, even if the passenger is partially at fault (e.g., not wearing a seatbelt), they can still seek compensation, but it may be reduced by their percentage of fault. Understanding Florida’s Car Insurance Laws Florida’s insurance requirements mandate that drivers carry a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). As a passenger, you may claim under the PIP coverage of the driver's insurance policy, up to the limits of their policy. The Role of a Skilled Florida Car Accident Lawyer Navigating post-accident legal options can be overwhelming, particularly when trying to recover from injuries. Here at GTS Law Firm, we understand the complexities involved in car accident claims and are prepared to guide you through each step of your legal journey. If you or a loved one has been injured as a passenger in a car accident, it is vital to seek experienced legal counsel promptly. Our team is here to help ensure that your rights are protected and that you receive the compensation you deserve. To discuss your case and explore your options, contact GTS Law Firm today at (941) 625-6666.