Auto Accidents involving Personal Injury and what to expect:

Our Tampa attorneys handle a wide variety of personal injury cases.

When it comes to auto accidents involving personal injury, our experience enables us to come fully prepared and ready to litigate aggressively on your behalf.

When you choose our firm, you get multiple attorneys working on your case.

Our attorneys make up fewer than 10% in Florida who are authorized to practice in Federal court.

If you or a loved one has been injured in an auto accident due to the negligence of somebody else, do not try to handle a claim on your own or risk using an inexperienced lawyer.

Not all personal injury attorneys have our commitment to achieving full justice for their clients, nor do they have our trial experience and proven skills.

Let’s take a look at some statistics involving driving citations in Florida:

fire rescue auto accident sceneIn Hillsborough County Florida for the year 2012, there were 4,286 DUI’s reported, along with 249 reckless driving citations. 975 citations were issued to drivers for leaving the scene of an accident, while 200 citations were issued for fleeing. And 70 citations were issued for racing on the highway.

Over 9000 people were cited for driving without a license, while 18,449 were cited for driving while their operating privileges were suspended or revoked. 172 were cited for using a license unlawfully.

Accidents involving DUI kill somebody in the United States every 32 minutes, while non-fatal injuries as a result of DUI occur every two minutes.

With those kinds of statistics, there is an increased possibility for you to become involved in an auto accident that causes you injury due to the negligence of another.

And that’s not all. Distracted driving is yet another issue for motorists to contend with.

Nationally and in Florida, distracted driving studies show an outside person, object or event as the greatest distraction.

A newly released study involved long-haul trucks for 18 months by outfitting the cabs with video cameras. They found when the drivers texted, their collision risk was 23 times greater than when not texting. The study also measured the time drivers took their eyes from the road to send or receive texts. In the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices – enough time at typical highway speeds to cover more than the length of a football field.

• Research shows that over half of U.S. drivers report having used a cell phone in the past 30 days.

• One in seven admits to text messaging while driving.

• Forty-six percent of 16 and 17 year old drivers say they text message while driving.

• Forty-eight percent of 18 to 24 year old drivers text message while driving.

• Sixty-seven percent of 25-34 year old drivers talk on their cell phones while driving.

• Sixty-five percent of drivers with a college education talk on their cell phones while

driving. The higher the level of education, the higher use of the cell phone.

When you take those statistics into account, it comes as no surprise that the majority of all auto accidents involving personal injury of one or more people are the direct result of the negligence of another person.

How can I increase my chances of preserving my rights to full recovery and compensation?

ambulance rideIf you or someone you love has been injured as the result of an auto accident, the most important step you need to take in order to preserve your rights to full recovery and compensation is to contact an experienced personal injury attorney right away to discuss your case.

Whether the accident occurred from careless or reckless driving, DUI, or by an unlicensed, uninsured driver, or if you were a passenger or a pedestrian makes no difference. The results of these accidents are often tragic enough, so take that extra step to obtain legal counsel as soon as possible.

Our attorneys are very experienced and fully prepared to litigate aggressively on your behalf. There are no up front fees or costs unless we win and our consultations are always free. And we make it very easy to reach us, by phone, email, our quick contact form, and even live chat right here on the website. And if you’re still unsure, have a look at some of the reviews we receive.

Tampa Attorney Spotlight – Frank G. Fernandez:

Frank Fernandez, Tampa AttorneyFrank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years.

Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues.

Contact Tampa Attorney Frank Fernandez at 813-489-3222 for a FREE consultation.

How can I expect the claims for my personal injury due to an auto accident to be handled?

Our attorneys are ready to work extremely hard on your behalf and have no issue devoting a great deal of effort and resources on your behalf because we accept only serious, legitimate cases. Our clients find great peace of mind in our experience and commitment to go far as necessary to make a substantial and meaningful difference in the lives of injured citizens.

Will I be going to court, or is there a chance we can settle out of court?

conference roomOur clients have the right to decide if and when to settle a case or to proceed to trial. We meet with our clients individually to discuss their options and how to proceed in their best interest. Some insurance companies routinely refuse to make a reasonable offer to any lawyer, leaving no other option but to proceed to trial. It is important to have an experienced trial attorney who is able to provide competent representation in court to obtain a favorable verdict.

Our firm has more than 40 years of combined legal experience. We have a former prosecutor on board as well, and we are also fewer than 10% of Florida attorneys who are authorized to practice in Federal court. When you choose Fernandez Law Group to represent your legal needs, whatever the situation, we put multiple attorneys on your case and thoroughly evaluate every single remedy available to you at no extra expense.

Our personal injury attorneys and dedicated support staff will focus on your needs while providing superior, effective, and vigorous representation of your interests. We are paid for our legal services only if we obtain a recovery on your behalf, and we will come to your home or to the hospital for your convenience.

How do you prove negligence in an auto accident involving injury?

There are many reasons why an auto accident that causes you injury may occur, and the main elements necessary to prove negligence are similar to any other negligence claim.

To make a claim you must prove the person you believe is responsible for your personal injury, loss or damage as a result of an auto accident:

  • Owed you a duty of care and breached the duty of care they owed you.
  • You suffered a loss or injury or other damage.
  • Your loss, injury or the damage occurred as a result of the breach of the duty of care.

    Personal Injuries must be:

    (1) reasonably foreseeable

    (2) there must be a relationship of proximity between the plaintiff and defendant and

    (3) it must be ‘fair, just and reasonable’ to impose liability.

    However, these act as guidelines for the courts in establishing a duty of care; much of the principle is still at the discretion of judges.

A breach of duty is another term for negligence. In order to prove negligence, there must be evidence to show that the defendant failed to use ordinary care. In other words, that which a reasonable person of ordinary prudence would have done if they were under the same or similar circumstances.

Different types of negligence resulting in auto accidents:

Everyone is expected to maintain proper care in operating an automobile. And generally speaking, almost all auto accidents, whether an accident or not, are directly caused by the negligence of another party. So as you can see, it isn’t extremely difficult to prove negligence in an auto accident. There are many qualifying factors, and here in Tampa, the following are the most common types of negligence we see in the auto accident cases involving personal injury that our law firm handles:

  • Failure to be aware of their environment, surroundings, or not seeing other drivers and pedestrians.
  • Failure to maintain proper speed, whether exceeding the speed limit or driving too slow.
  • Tailgating, or following entirely too closely behind another driver.
  • Failure to yield to a right of way.
  • Running red lights and stop signs, or failing to stop at red lights or stop signs.
  • Losing control of the vehicle, reckless or careless driving.
  • Unable to stop in time, rear end collisions, failure to use the brakes properly.
  • Improper signal, lane changes, or failing to use the horn.
  • Driving while impaired or under the influence of alcohol or drugs, including legal prescriptions.
  • Driving on the wrong side of the roadway, highway, leaving the lane of travel, running off the road.

While this list is far from complete, it does represent the majority of the types of cases we see. Proving negligence in these situations in order to ensure the defendant assumes liability for your injury and claims requires your attorney to show that the defendant was the “proximate cause” of your injuries.

Proximate cause is rarely an issue in automobile and truck accidents involving injury as it is very easy to prove.

After negligence is proved in my injury claim, what kind of damages can I expect?

Here in Florida, and particularly in the cases our law firm has handled over the years here in Hillsborough County, most auto accidents which result in a personal injury have resulted in our clients receiving several different types of recoverable damages, including the following:

  • Past and future physical pain and/or mental anguish and suffering compensation
  • Past and future disfigurement compensation
  • Past and future physical impairment compensation
  • Recovery for lost wages, or loss of future earning capacity
  • Past and future medical expenses
  • Punitive damages (in some cases)

While the above list is a general idea of what you can expect when settlement is reached, each case is very unique and results may vary. Our experience and dedication to your case will ensure we work aggressively on your behalf to get you the very best possible outcome for your situation.

Additional factors to consider regarding auto accidents and personal injury:

In some cases, the need may arise to bring claims for a personal injury resulting from a car accident against other parties. In fact, it’s not too uncommon. If the individual who caused the accident was working for an employer and driving a company vehicle, the employer could be negligent as well.

Perhaps they permitted an unlicensed driver to operate their equipment or vehicle. Or, more commonly, in many situations the owner of the vehicle may have failed to properly maintain the vehicle, resulting in an accident. If a vehicle owner fails to replace bald tires, for example, and one of the tires has a blow out, or loses traction on wet roads, the vehicle owner may be negligent for improperly maintaining the vehicle.

What should you do if you’re in an auto accident involving personal injury?

1. Contact a Lawyer: If you or a loved one has been seriously injured, do not try to handle a claim on your own or risk using an inexperienced lawyer. The Fernandez Law Group promises to give every client the best legal representation and obtain the maximum compensation each client deserves. No matter how hard the fight. By phone or online, contact Fernandez Law Group to discuss your situation and the possibility of bringing legal action against those who are responsible for your injuries.

2. Keep Everything: Get a large envelope or file folder and begin keeping, in one place, everything that is potentially related to your accident or case. Save photographs of the accident or scene, photographs of the injured party before and after the accident, letters, bills, receipts, cancelled checks, insurance policies, police reports, notes, and other documents that might be helpful in proving how the accident happened and, just as importantly, the nature and extent of your injuries.

3. Record Questions: Get a large notebook pad and begin writing down the questions you want to ask your lawyer the next time you meet with him or her. Also write down any additional facts you have forgotten to include in previous interviews.

4. Begin your Diary: As time passes memories become blurred. Sit down now and write a brief summary of the circumstances surrounding the accident. Add a brief summary of the important events that have occurred since the accident.

5. List Witnesses: Every time an important event occurs that is witnessed by someone else, make a note of that person’s name, address, and phone number. Also, keep a list of the employees or supervisors at work who can testify as to the amount of your earning loss. If you learn of the existence of any witness to the accident, advise your attorney immediately.

The documents, notes, and lists that you collect above will be exceedingly helpful to your attorney as he or she begins to represent you and advocate on your behalf. As your case progresses toward settlement, mediation, or trial, your attorney will work with you on additional tasks and preparation.

What NOT to do after an accident involving personal injury:

DO NOT give a written or oral statement to any person who contacts you about the accident or your case. Instead, refer them to your attorney (or advise them that you are currently obtaining one) then let your attorney know the name, address, and phone number of the person who contacted you.

DO NOT throw anything away.

DO NOT get discouraged. We are here to help.

The Tampa personal injury attorneys of Fernandez Law Group devote a great deal of our civil practice to complex cases pertaining to auto accidents involving personal injury.

After years of representing hundreds of clients all over the State of Florida, our firm has established a solid reputation of seeking justice for injured persons. We are committed to providing our clients with the best legal representation available.

Martindale Hubbell peers and judges have rated us as having the highest levels of legal ability and professional ethics. Our Tampa personal injury attorneys are supported by a superior staff of Legal Assistants.

If you or a loved one has a question about a potential personal injury case or if you’re in need of a personal injury attorney in Tampa, we hope that you will contact our office for a free consultation.

Tampa Personal Injury Resources and Information

Applying Florida Statutes in Tampa Personal Injury Situations

Call us today at 813-489-3222 for a FREE consultation.


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Google+ Content authored by Frank Fernandez

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.


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