Injury lawyers in Tallahassee know that accidents with the most serious injuries are often those where a motor vehicle hits someone who is walking or riding a bicycle. Because the driver of a car or truck or even a motorcycle is much better protected than a pedestrian or cyclist, a collision will often result in catastrophic injuries or death for the bicyclist or pedestrian, while the motorist may not be injured at all.

For that reason, many people automatically assume that the motorist bears all the liability for the accident. However, legal liability is a complex issue, and a proper assessment of liability requires investigation and consideration of a wide array of factors. If you’ve been injured as a pedestrian or cyclist, you cannot automatically assume you are entitled to compensation as the victim, regardless of the severity of your injuries. Instead, you need to work with an attorney who is prepared to investigate, preserve evidence to support your claim and make the most persuasive arguments to show why others involved in the accident should be held liable. Otherwise, attorneys for the other side will find ways to make you appear responsible.

To understand why, it is necessary to look at the factors that affect liability in accidents involving pedestrians and cyclists under Florida law.

Negligence and Other Sources of Liability

Accidents are incidents that are, by definition, not caused by intentional wrongdoing. No one in their right mind deliberately tries to collide with someone else unless they’re on a bumper car course. An accident is unintentional. However, someone can still be held responsible for the results of an accident if they are found to be legally liable for causing the accident. This liability is usually based on negligence or possibly recklessness.

You are legally negligent and can be held liable for the harm caused to another person if the four following factors apply:

1. You owe a duty of care to that person
2. You failed to fulfill that duty, either because you did something you should not have or you failed to do something you should have
3. Your failure or breach of duty was the cause of the incident
4. The incident resulted in injuries

While you may think that you only owe a duty of care to certain people in your life, such as your children, the fact is that the law places you under a duty to behave responsibly toward the people around you in all types of situations. 

Anyone who is driving a vehicle owes a duty of care to others on the road to follow the law and pay attention to what they are doing. However, pedestrians and cyclists owe a duty of care as well. Florida laws and local Tallahassee ordinances set rules for those walking and riding in public spaces, and pedestrians and bicyclists are obligated to obey them.

When a motorist, cyclist, or pedestrian fails to fulfill the duties they owe to others and that failure causes an accident, they can be held liable, even if they were injured.

Actions That Can Make a Pedestrian or Cyclist Liable for an Accident

Many people in Tallahassee are aware of the irresponsible things that drivers do to cause accidents. They often follow too closely and cause a rear-end collision or focus their attention on their cell phone rather than the road ahead and stray out of the lane, causing a head-on collision. Drivers are required to follow numerous rules, and disobeying any of them can lead to liability for an accident.

However, pedestrians and bicyclists can also be held liable for causing a collision by doing things such as:

• “Jaywalking” or crossing a street in the middle of a block where motorists are not looking for you
• Crossing a street when traffic in the opposite direction has a green signal
• Walking in the road when a sidewalk is available
• Riding a bicycle against traffic
• Failing to stop at a stop sign

It becomes extremely important to collect and preserve evidence showing what happened before, during, and after the accident because this can indicate how each party’s actions contributed to the collision and resulting injuries. An attorney can help with this process, and the best time to do so is immediately after the accident when the evidence is fresh.

Liability is Often Shared

In most cases, accidents are the result of a combination of circumstances, and the factors that lead to the accident often result from the actions of more than one person. A judge can allocate liability among two or more parties in a case based on the actions taken and the role those actions played in causing the accident.

How do they decide how much responsibility to allocate to each person? It’s all based on the evidence presented by the attorneys representing each party. When a car or truck driver is involved in an accident, their insurance company will bring in experienced attorneys who know how to use every trick in the book to show that their policyholder is not liable for the accident. If a pedestrian or bicyclist does not have a skilled and experienced attorney representing their interests, the court may be persuaded that the majority of the blame lies with them, and that will prevent them from recovering damages even if they are severely injured in the accident.

The Comparative Fault Rule in Florida

Florida lawmakers recently revised the comparative fault rule that applies to injury lawsuits in the state. When someone who is injured is found to have some share in fault for causing the accident that led to their injuries, they may be able to recover compensation from the others who were found to be at fault, but only if they meet certain requirements. They must be able to prove that their own actions were responsible for no more than 50% of the cause of the accident. This makes every piece of evidence and every argument presented to the court extremely critical.

Searcy Denney in Tallahassee Helps Prove the Liability of Others Involved in Your Pedestrian or Bicycle Accident

Life moves quickly, and when the actions we take combine unfavorably with actions taken by others, an accident can result. When the accident causes injuries, it is important to be able to show that your actions were not the primary cause of the accident and that the others involved should be held liable.

The experienced team at Searcy Denney Tallahassee knows how to uncover and present persuasive evidence to show how liability should be allocated to others so that you can recover compensation after an accident. But the sooner we begin working on a case, the more opportunities we have to gather and preserve vital evidence. For a free case evaluation to learn how we can help you recover after an accident, contact our team today.

The post Accidents Involving Pedestrians and Cyclists in Tallahassee: Who Is Liable appeared first on Searcy Law.

Dangerous drugs are a very real concern. They shouldn’t be, but they are. Each year, dangerous drugs harm countless patients across the United States, and tragically, they cause numerous deaths that could—and should—have been avoided.

If you or a loved one has been harmed by a dangerous drug, what are your legal rights?

Patients and families who have suffered losses caused by dangerous drugs have clear legal rights under product liability laws that exist in Florida and states across the country. These laws hold drug companies accountable for selling dangerous drugs, and they entitle victims and their families to financial compensation. Compensation awards in dangerous drug cases are often substantial—as they cover not only the costs of treatment but victims’ lost earnings, pain and suffering, emotional trauma, and other financial and non-financial losses as well.

10 Key Steps in a Dangerous Drug Claim

Filing a dangerous drug claim is not an easy process. In fact, it is extremely complicated. But, it is also extremely important. Not only does filing a dangerous drug claim allow you to recover the financial compensation you and your family deserve, but it also affords you the opportunity to help protect others who might otherwise experience similar consequences.

Here is a brief overview of the process:

1. Making Sure You Have Your (or Your Loved One’s) Prescription or Drug Container

The first thing you should do is make sure you have your (or your loved one’s) prescription or drug container (or both). If you don’t, that’s okay—your lawyer will be able to obtain them—but it will help if you can bring one or both to your free initial consultation. These will be key to proving your legal rights, and they will serve as critical evidence in your dangerous drug claim.

2. Talking to a Dangerous Drug Lawyer

You will need to hire a lawyer to file your dangerous drug claim, and it will be best for you to speak with a lawyer as soon as possible. You should choose a lawyer who has specific—and extensive—experience handling dangerous drug cases. As we mentioned already, these cases are extremely complicated, so you need a lawyer who knows what it takes to recover the financial compensation you and your family deserve.

3. Giving Your Lawyer Authorization to Contact Your (or Your Loved One’s) Medical Providers

Regardless of whether you have your (or your loved one’s) prescription or drug container, your lawyer will need to obtain various additional forms of evidence from your (or your loved one’s)  medical providers. With this in mind, once you hire a lawyer to represent you, you should expect to sign an authorization form that allows your lawyer to obtain the documentation he or she needs. This will help streamline the process, and your lawyer will only use your medical authorization in connection with your dangerous drug claim.

4. Determining If the Dangerous Drug Has Been Recalled

It will be important to know if the drug that harmed you (or your loved one) has been recalled. A recall isn’t necessary to file a dangerous drug claim, but if the drug in question is subject to a recall, your lawyer may be able to use this to your advantage. You can search the U.S. Food and Drug Administration’s (FDA) recall website, or you can rely on your lawyer to do this for you.

5. Finding Out if Similar Lawsuits Are Already Pending

Along with determining if the drug in question is subject to a recall, you will also want to find out if similar lawsuits are already pending. If so, you may be able to join a class action or mass tort case that is well underway. This can help streamline the process as well, and if you are eligible to join an ongoing multi-district litigation (MDL) proceeding, your lawyer will still be able to seek the full compensation to which you are legally entitled.  

6. Filing Your Dangerous Drug Lawsuit

Whether you are eligible to join an existing case or you need to start from the beginning, the next step will be to file your dangerous drug lawsuit. Your lawyer will prepare and file your lawsuit on your behalf, relying on his or her experience to pursue all appropriate claims against the drug company and any other parties that may be accountable.

7. Going Through the Litigation Process

At this point, the process usually slows down. The litigation process takes time, and, to a large extent, the timeline will be beyond your lawyer’s control. But your lawyer will be able to keep the process moving forward, and your lawyer will keep you updated along the way.

8. Keeping Track of Your Financial and Non-Financial Losses

While your lawyer is keeping your defective drug case moving forward, you will want to keep track of your financial and non-financial losses. Your lawyer can help here, too, but the more documentation you can keep, the better. This includes not only keeping your bills, receipts, and employment records but also keeping a journal where you record the day-to-day impacts of your diagnosis or your loved one’s untimely passing.

9. Deciding When (and If) to Settle Your Dangerous Drug Claim

Most successful dangerous drug claims settle, and there may come a time when you need to decide whether settling is your best option. If this time comes, your lawyer will help you make an informed decision with your family’s long-term best interests in mind.

10. Taking Your Dangerous Drug Claim to Court if Necessary

If you don’t receive an acceptable settlement offer, the final step in the process will be to take your dangerous drug claim to trial. Your lawyer will handle this part of the process as well, and before your trial date arrives, your lawyer will make sure you are fully prepared for what to expect in court. While going to trial is rarely necessary, it is important to keep in mind that this is a possibility.

Schedule a Free Consultation About Your Dangerous Drug Claim Today

Do you have a dangerous drug claim? Contact us to find out. To schedule a free, no-obligation consultation with a dangerous drug lawyer at Searcy Denney, please call 800-780-8607 or request an appointment online today.

The post Holding Drug Companies Accountable: Filing a Dangerous Drug Claim appeared first on Searcy Law.

While there is no good time to have an accident, suffering an accident while you’re on vacation has got to be just about the worst. You’re far from your regular support network, and the trip you’ve looked forward to and saved for is ruined. When and if you’re able to return home, you’ll arrive in disastrous shape mentally and physically.

With decades of experience helping people injured in Tallahassee accidents, we’ve seen this scenario far too many times, and it is truly an awful experience. However, there are numerous things our team can do to help in the short-term and long-run when a client is injured in an accident while on vacation. Here are a few of the things we’ve learned about overcoming the legal and logistical challenges.

The First Steps are Crucial

Regardless of what happened, who you think may have caused the accident, and whether anyone seems to be seriously injured, it is vitally important to ensure everyone’s safety and to document the scene of the accident. It often takes months of investigation and analysis to determine whose actions caused the accident. It can also take months or even longer to determine the full effects of the accident on the minds and bodies of those involved. So, it is important to be prepared to do whatever it will take to ensure legal and medical recovery.

Call 911 and ask for police and other first responders as needed. The police can record evidence and prepare a report that will be extremely valuable later for insurance and legal purposes. Trained first responders can also help keep everyone safe at the scene. Regardless of whether they record injuries, everyone in your group should get a thorough medical exam and explain to doctors that you were in an accident. The rush of adrenaline from an accident while on vacation can mask pain and other injury symptoms.

Even if you were clearly not at fault for causing the accident, you might get blamed for it by lawyers representing insurance companies and others involved. To protect yourself, it is wise to gather and preserve as much evidence as soon as possible. Take photos with your phone and record your impressions at the scene. No detail is too small. Noting skid marks, signs, vehicle damage, and the positions of traffic and security cameras can now aid tremendously in determining what happened and who is liable. A local attorney can help with the documentation and with obtaining a subpoena to get footage from security and traffic cameras. A local attorney can also help locate and contact witnesses.

Legal Action Takes Time

While it is vital to take certain steps right away to protect your legal rights and financial interests, it will be some time before you use the information you’ve collected and saved. Although an insurance company may try to pressure you into accepting a settlement quickly, the legal process should not be rushed because it is important to have all the information before reaching decisions. Insurance companies try to hurry people into accepting a settlement that is far less than it should be, and accident victims who don’t have the right legal advice often accept these inadequate settlements before they understand the full value of their losses.

The length of the legal process can pose a severe challenge when you live far away from the scene of the accident. In most cases, legal action will need to take place in the jurisdiction where the accident occurred. You will need to become familiar with the legal procedures of Tallahassee courts. Pleadings will need to be filed in local court and the discovery process could involve local depositions.

The Florida statute of limitations allows two years between the time of an injury and the filing of a lawsuit, and during the period before and after filing, there is likely to be quite a bit of legal action that needs to be dealt with on a local level. This can be tough to manage remotely unless you work with a knowledgeable attorney you can trust. When you establish a good working relationship with an experienced accident lawyer soon after the accident, you can rely on your legal team to manage the legal requirements locally.

Coordinating Care Can Be a Challenge

Although you may feel more comfortable waiting to see your regular doctors back at home, it is important to obtain a medical exam and necessary treatment locally as soon as possible after the accident. If you wait, you could not only put yourself at risk of further harm, but you also give the insurance company justification for denying your claim. They will argue that your injuries stem from something that occurred later, or that your injuries from the accident must not have been severe, or you would have seen a doctor sooner.

So you need to start with local care, but when your condition permits you to return home, you will need to continue receiving follow-up care with a medical team in your home region. Maintaining continuity with treatment plans and keeping records coordinated will require serious effort on your part. If your attorney is familiar with the difficulties that arise when someone is injured while on vacation in the Tallahassee area, then your attorney should be able to help you keep your medical treatment and records together and on track.

Searcy Denney in Tallahassee Can Guide You to Recovery if You Were in an Accident While Traveling

Whether you were hurt in a car or truck accident, slip and fall incident, animal attack, or other accident in the Tallahassee area, our team can help you find the right medical care and take the steps necessary to preserve your legal right to recover full compensation for your losses. We understand the difficulties you face and are prepared to provide assistance and manage the legal process on your behalf so that you can focus on recovering. 

Your injuries may ruin your vacation, but we work to ensure that you have the resources you need to help keep the injuries from ruining your life. If you were in an accident in the Tallahassee area, we invite you to contact us for a free consultation and case evaluation where we can explain the assistance our team can provide. Just call 888-549-7011 or contact us online today.

The post Accidents Involving Tourists in Tallahassee: Legal Challenges and Tips for Visitors appeared first on Searcy Law.

As autonomous vehicles (AVs) become increasingly common on Florida’s roads, questions about legal responsibility for accidents involving these vehicles grow more pressing. Florida’s relatively lenient regulations for autonomous vehicles have encouraged companies to test and deploy these cars, but their presence introduces complexities into the traditional framework of auto accident liability. When an accident occurs involving a self-driving car, determining who is responsible can be challenging. Below, our Florida car accident lawyer takes a closer look at who may be held liable for such incidents, examining potential defendants and applicable laws.

Understanding the Basics: Autonomous Vehicles and Liability

Autonomous vehicles are designed to operate with minimal or no human intervention, relying on sensors, machine learning, and AI algorithms to navigate roads and avoid hazards. While AV technology promises increased safety and efficiency, it also comes with risks—malfunctions, software glitches, or inadequate responses to unexpected situations can lead to accidents. In traditional auto accidents, the driver is typically the primary person held responsible. However, with autonomous vehicles, the question arises: if no one is physically driving the car, who is at fault?

In Florida, the law regarding autonomous vehicles is still developing, but there are some clear guidelines and potential defendants in AV accidents. These may include the following:

1. The Vehicle’s Owner
2. The Manufacturer or Software Developer
3. The Autonomous Vehicle Operator (if Present)
4. Government Entities or Maintenance Contractors

1. The Vehicle’s Owner

Even if the vehicle was in autonomous mode during the accident, the owner of the car might still be liable. Florida law requires vehicle owners to carry insurance and remain responsible for their cars, even if a defect or a third party’s actions caused the accident. If the AV owner failed to properly maintain the vehicle or tampered with its safety features, they could be held partially responsible.

For instance, if the owner ignored maintenance requirements or allowed software to go without updates, any resulting accident might shift some liability to them. Additionally, Florida follows a “dangerous instrumentality doctrine,” which holds that owners can be liable if their vehicle is involved in an accident, regardless of whether they were driving. Though this doctrine applies traditionally to drivers, there’s a potential it could extend to autonomous cars, especially if courts decide that an autonomous car, regardless of driver, is an inherently dangerous machine.

2. The Manufacturer or Software Developer

One of the most likely defendants in AV-related accidents is the vehicle manufacturer or the software developer behind the self-driving technology. If the vehicle’s technology fails to function correctly, a product liability claim may arise, where the injured party claims that a design flaw, manufacturing defect, or failure to warn about potential risks caused the accident.

In Florida, product liability claims can proceed under strict liability, negligence, or breach of warranty theories. Strict liability allows plaintiffs to recover damages without proving that the manufacturer was negligent—only that the defect directly caused the injury. For AVs, proving the existence of a defect or a malfunctioning algorithm becomes essential, as autonomous cars operate under complex machine-learning systems. A manufacturer could be liable if:

• Software Malfunctioned: For example, the AI misinterpreted a traffic signal, causing the car to proceed unsafely.
• Sensor Failure: Sensors are critical for detecting other cars, pedestrians, and road obstacles. If sensors fail to register another vehicle, a manufacturer could be held responsible.
• Inadequate Testing and Design: If the AV software or hardware lacks rigorous testing, manufacturers may be accountable for defects that lead to accidents.

3. The Autonomous Vehicle Operator (if Present)

In Florida, Level 4 and 5 autonomous vehicles, which can operate without human intervention, may still have a human present as a precaution. If the person inside the AV has the capacity to intervene, they may be partly responsible if they failed to do so. While the vehicle’s AI typically handles driving decisions, humans are often expected to take control when safety demands it.

A driver in the vehicle could be held liable if they ignored system alerts or failed to take corrective action when prompted by the vehicle’s safety system. However, in fully autonomous modes where driver intervention isn’t possible or feasible, this type of liability becomes more complex.

4. Government Entities or Maintenance Contractors

Poorly maintained roads, unclear road markings, or faulty traffic signals can contribute to AV accidents. Because autonomous vehicles rely heavily on clearly defined lane markings and functioning traffic signals, any deficiencies could impact their performance. If it’s found that poor infrastructure contributed to the accident, a government entity might share liability. Maintenance contractors, similarly, might be liable if they were responsible for keeping roadways and signs in condition but neglected their duties.

However, suing a government entity in Florida involves special rules and limitations. Sovereign immunity laws provide government entities some protection against lawsuits, but injured parties may pursue claims under certain conditions, particularly if gross negligence is evident.

Challenges in Proving Fault and Liability

Proving fault in autonomous vehicle accidents can be challenging. It often involves retrieving vehicle data, analyzing software performance, and working with technical experts who can assess the car’s AI and sensor system. Key evidence in these cases includes:

• Black Box Data: AVs record extensive data about their operations, similar to airplane black boxes. This data may show the vehicle’s decision-making process and could support a claim against the manufacturer or another party.
• Maintenance Records: Proper maintenance of both software and hardware is crucial. Maintenance records help establish if the vehicle’s systems were up-to-date and functioning as intended.
• Expert Testimony: AI and engineering experts are often essential in explaining complex systems to juries, helping them understand how software or sensor errors might have contributed to an accident.

Legal Implications for AV Accident Victims

For accident victims in Florida, the legal process of recovering damages following an autonomous vehicle accident may be different from traditional car accidents. Victims may have to pursue claims through multiple avenues—such as the manufacturer, vehicle owner, or even government entities—depending on the specifics of the accident. In general, victims in Florida can seek compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

Hurt in an Accident Involving a Self-Driving Vehicle? Contact a Car Accident Lawyer Today

As autonomous vehicles become more common on Florida’s roads, legal and insurance frameworks will likely continue to evolve. Determining who is responsible for an autonomous vehicle accident can be complex, involving multiple parties and detailed technical investigations. Understanding potential avenues of liability, as well as Florida’s laws and precedents, can help accident victims and their attorneys navigate the process more effectively.

If you or someone you know has been involved in an accident with an autonomous vehicle in Florida, consulting with an experienced car accident lawyer familiar with AV technology and Florida’s evolving legal landscape can be a critical first step. The legalities may seem complicated, but a knowledgeable attorney can help ensure that responsible parties are held accountable and that victims receive the compensation they deserve. Contact us today.

The post Autonomous Vehicle Accidents in Florida: Who Do You Sue? appeared first on Searcy Law.

Every 44 seconds, someone in Florida causes a car accident. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that one in every seven times, the collision occurred because a driver allowed themselves to be distracted and lose focus on what they were doing. The Department also reports that fatalities due to distracted driving are on the rise.

While distracted driving is a problem throughout the state, it is especially problematic in the Tallahassee area, where the unique terrain inhibits visibility and causes vehicles to react differently, and many drivers are new to the town and not familiar with local traffic rules and patterns. When these factors are combined with the congestion on the roads, even a momentary distraction can become deadly.  

Texting is Not the Only Problem

Many people in Tallahassee think that distracted driving refers to texting while driving, and they assume if they avoid that habit, they don’t have a problem with distracted driving. However, any activity that diverts a driver’s attention from the road leads to distracted driving. Talking, eating, drinking, programming GPS, switching music or adjusting the air conditioning are all common actions that increase a driver’s likelihood of triggering an accident.

Visual distractions may be the most dangerous, but activities that take your hands away from the wheel also pose a problem because they impact your ability to react to a change in conditions. Distractions can even be purely mental, such as thinking about an upcoming presentation instead of how many brake lights have suddenly appeared on the vehicles ahead in traffic.

Distracted driving is considered to be as dangerous as driving while impaired by alcohol or drugs. Yet drivers who are very conscientious about taking a rideshare to avoid impaired driving allow themselves to engage in distracted driving on a regular basis because they have become comfortable with it.

Why Distracted Driving is So Dangerous

Any time someone puts a vehicle into gear and pulls onto the road, they present a danger to others, and they need to be constantly vigilant to avoid the dangers posed by all drivers and objects all around them. Often, without realizing it, drivers take action to avoid collisions all the time. 

To avoid a crash, a driver must first notice a potential hazard, then react to the problem, and finally allow the vehicle time to stop or evade the problem. These three actions require time, particularly when driving at high speed.

Data from the FLHSMV shows that when a car is traveling 30 mph, by the time a driver perceives a problem, the car has traveled 33 feet. By the time they can react, the vehicle has moved another 33 feet. And then it takes another 57 feet to bring the vehicle to a stop. For vehicles moving at 55 mph, in the time it takes the driver to recognize the problem, react, and come to a stop, the car has traveled over 300 feet—more than the length of a football field.

These figures represent the time needed to avoid an accident when a driver is focused on the road. When a driver is distracted, they take longer to perceive the problem and often longer to react as well. Each second of distraction causes their vehicle to travel much further and makes it much harder to avoid a collision.

Statistics on Distracted Driving

Distracted driving has become such a serious problem that the FLHSMV now maintains separate records and reports for crashes caused by distracted drivers. For 2023, the most recent full year for which data is available, distracted driving was listed as the cause of 536 crashes in Leon County, with 19 serious injuries and three fatalities. Over 37% of those distracted drivers involved were under the age of 24, showing that this problem is particularly dangerous for younger drivers. 

In Gadsden County, the overall number of distracted driving collisions was much lower at 123, but four of those were fatal. Crash statistics for the lesser-populated Jefferson and Wakulla Counties revealed lower total numbers of distracted driving collisions at 42 and 58, respectively, but the percentage of those accidents that resulted in serious injuries was very disturbing. Over 14% of the distracted driving accidents in these counties resulted in death or serious injuries, such as those that lead to permanent incapacity.

Numbers in the database show that in the counties in the Tallahassee metropolitan area, distracted driving collisions have decreased in recent years, which is an encouraging trend. However, unlike weather and other factors that cause car accidents, distracted driving is a cause that is 100% preventable, so even one accident caused by a distracted driver is one too many. Moreover, while the overall number of accidents caused by distracted driving is down in our area, the number of serious injuries resulting from distracted driving collisions has been increasing. We are seeing slightly fewer crashes, but those crashes are causing more human suffering.

Numbers Don’t Tell the Whole Story

Police officers who report on collisions have observed that the statistics on distracted driving do not reflect the full impact of the problem. Officers are not allowed to record a distraction, such as texting while driving, unless they have proof that it occurred. In many instances, a driver would have to admit that their attention was taken away from the road and very few are willing to do this for obvious reasons. Therefore, it is quite likely that instances where distracted driving was the true cause of an accident are much greater than reported in official statistics.

Work with an Attorney Who Knows How to Demonstrate Distracted Driving and Other Reasons for Liability

Even when you suffer catastrophic injuries in a car accident, you still need to take diligent action to uncover and present evidence of liability before you can recover compensation for your medical bills, pain, suffering, and other losses. When you work with the right attorney, your legal team can handle these critical tasks for you so that you can focus on healing and rebuilding your life.

At Searcy Denney in Tallahassee, we know how to prove that a driver’s actions were the primary cause of an accident and how to convince the insurance company and the courts why accident victims are entitled to full award of damages for their losses. If you’ve been in an accident caused by distracted driving or any other causes, you may be entitled to compensation even if your own actions were partially to blame. We invite you to contact us for a free case evaluation to learn more about the ways we can help.

The post How Distracted Driving is Impacting Tallahassee Accident Rates appeared first on Searcy Law.

Adverse reactions to prescription medications are alarmingly common. As a result, if you have experienced an adverse reaction to a drug that your doctor prescribed, you are not alone. Reporting adverse reactions allows for nationwide tracking, and this helps the U.S. Food and Drug Administration (FDA) determine when recalls are necessary.

3 Ways to Report Adverse Reactions to Prescription Medications

There are three primary ways to report adverse reactions to prescription medications. All three involve reporting to the FDA—they just involve different means of doing so. As the FDA explains:

“MedWatch is the Food and Drug Administration’s (FDA) program for reporting serious reactions [to prescription] drugs . . . . In order to keep effective medical products available on the market, the FDA relies on the voluntary reporting of these events. . . . Your report may be the critical action that prompts a modification in use or design of [a drug], improves its safety profile and leads to increased patient safety.”

So, how do you report an adverse reaction to MedWatch? The three primary options are:

1. File a Reporting Form with the FDA

The first option is to contact the FDA yourself. You can do so by filing Form 3500B with the FDA. Patients can download Form 3500B and mail it to the FDA or complete and submit the form online.

Whichever options you choose, you will want to read the FDA’s Frequently Asked Questions, and you will need to take your time to complete the form accurately. If you omit any required information or provide any information that is inaccurate, the FDA may not be able to accept your report in MedWatch. If you decide to mail in your completed Form 3500B, you will need to use the FDA’s mailing address at the bottom of the last page of the form.

2. Ask Your Doctor to Submit Your Reporting Form

Instead of filing Form 3500B yourself, you can ask your doctor to submit your reporting form for you. The FDA recommends this approach, stating, “[i]f you think you or someone in your family has experienced a serious reaction to a medical product, you are encouraged to take the reporting form to your doctor.” As the FDA goes on to explain, this is because “[y]our health care provider can provide clinical information based on your medical record that can help FDA evaluate your report.”

While some doctors will be happy to assist with reporting adverse drug reactions to MedWatch, others will not. If your doctor is not willing to help, you can submit your report yourself or seek help from a defective drug lawyer.

3. Get Help from a Defective Drug Lawyer

A defective drug lawyer can assist you with reporting an adverse reaction to a prescription medication to the FDA. An experienced lawyer will be intimately familiar with Form 3500B and will be able to help you submit all the required information. Aside from submitting your completed Form 3500B to the FDA, your lawyer will keep all information you share strictly confidential—and, as we discuss below, there are several other ways an experienced defective drug lawyer can assist you in this situation as well.

Other Reasons to Talk to a Defective Drug Lawyer After an Adverse Reaction

Along with reporting your adverse reaction to the FDA, there are several other ways an experienced defective drug lawyer can help you. In addition to getting help with Form 3500B, other reasons to talk to a defective drug lawyer after an adverse reaction include:

• Finding Out if You Have a Defective Drug Claim – Patients who experience adverse reactions to prescription medications will have defective drug claims in many cases. When pharmaceutical companies sell dangerous and defective drugs, they can (and should) be held fully accountable for the financial and non-financial costs patients and their families incur.
• Finding Out if You Have a Claim Against Your Doctor – Sometimes, doctors won’t want to help their patients report adverse reactions because they know that they prescribed dangerous drugs. If your doctor could (and should) have helped protect you, you may have a claim against your doctor as well.
• Determining How Much You Are Entitled To Recover – If you have a claim against a pharmaceutical company or your doctor (or both), you are entitled to just compensation for all of the financial and non-financial costs of your adverse reaction. Your lawyer can help you understand how much you are entitled to recover so that you can make an informed decision about whether to take legal action.
• Seeking Just Compensation for Your Adverse Reaction – If you decide to take legal action, your lawyer will seek just compensation for your adverse reaction on your behalf. This is a complex legal process that requires highly experienced legal representation.
• Ensuring that You Are Making Informed Decisions – From deciding whether to take legal action to deciding whether to settle your claim, working with an experienced defective drug lawyer will allow you to make informed decisions throughout the process. The financial and non-financial costs of adverse reactions can be substantial, and you only get one chance to seek the financial compensation you deserve. As a result, it is critical that you have an experienced lawyer on your side.

While reporting an adverse reaction to a prescription drug is important, the reality is that this won’t help you deal with your current situation. But, taking legal action will. Learning about your legal rights costs nothing, and if you have a claim for a defective drug, you can hire an experienced lawyer to handle your claim at no out-of-pocket cost to you.

Talk to a Defective Drug Lawyer at Searcy Denney

If you need help reporting an adverse reaction to a prescription medication, we strongly encourage you to get in touch. We are more than happy to assist you in any way we can. To arrange a complimentary initial consultation with a defective drug lawyer at Searcy Denney, please call 800-780-8607 or get in touch online today.

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If you were injured in an auto accident as a passenger in Florida, what are your legal rights? This is a critical question. Accident-related injuries can prove incredibly expensive, and you shouldn’t have to bear the costs of someone else’s mistake on your own. Fortunately, passengers’ rights are clear, and you can hire a Florida personal injury lawyer to assert your rights at no out-of-pocket cost.

With that said, there are no guarantees. Even if you are clearly entitled to financial compensation for your accident-related injuries, you still need to convince the insurance companies to pay what they owe. It is up to you to take action, and you will need to work closely with your lawyer to make sure the insurance companies treat you fairly.

Passengers’ Legal Rights in Florida: What Auto Accident Victims Need to Know

What do you need to know about asserting your legal rights as a passenger in Florida? Here are seven important facts about seeking just compensation as a passenger after a serious auto accident:

1. If You Have Auto Insurance, You Can Use It

Even if you were riding as a passenger in someone else’s vehicle, you can use your auto insurance to help cover the costs of your accident-related injuries. Minimally, this means taking advantage of your personal injury protection (PIP) coverage. This is “no-fault” insurance that applies whenever you get injured in a collision. If necessary, and if you have it, you can file a claim under your uninsured/underinsured motorist policy as well.

2. You Can Hold the At-Fault Party Accountable

Just like if you were driving, you can hold the at-fault party fully accountable for your accident-related injuries, provided that they are serious enough to warrant a claim outside of PIP. You can file a claim against anyone (or any company) that is responsible for the accident, including the driver of the vehicle in which you were riding. Even though liability insurance is optional for most drivers in Florida, many individuals (and companies) pay for this coverage voluntarily. As a result, in most cases, filing a claim as a passenger involves dealing with the at-fault party’s insurance company.

3. Special Rules Apply in Cases Involving Uber and Lyft Vehicles

If you were injured while riding in an Uber or Lyft vehicle, then special rules apply. Rideshare drivers and rideshare companies are subject to enhanced auto insurance requirements under Florida law. While seeking just compensation for a rideshare accident usually involves dealing with the driver’s insurance company, if necessary, your Florida personal injury lawyer can file a claim with Uber or Lyft’s insurer.

4. The First Step is to Identify the Party (or Parties) Liable for the Collision

Regardless of the specific type of claim you need to file, the first step toward asserting your legal rights as a passenger is to identify the party (or parties) that are liable for the collision. This involves hiring a Florida personal injury lawyer to investigate the collision right away. Your lawyer will gather as much evidence as possible, and then your lawyer will use this evidence to determine where he or she can seek just compensation on your behalf.

5. The Next Step is to Seek the Financial Compensation You Deserve

Once you know what claim (or claims) you need to file, the next step is to seek the financial compensation you deserve. This, too, requires experienced legal representation. Your lawyer will deal with the appropriate insurance company (or insurance companies) on your behalf, keeping you updated and informed throughout the process.

While we’re referring to this as a single “step,” it is important to understand that the process of seeking just compensation after a serious auto accident takes time. This is true for drivers and passengers alike. Dealing with the insurance companies could take weeks or months, and while most claims settle, it may be necessary to assert your legal rights at trial.

6. Evidence is the Key to Asserting your Rights Effectively

Regardless of what it takes to assert your rights effectively, evidence is the key to recovering just compensation as an injured passenger. Not only do you need evidence to prove who (or what company) is responsible for your accident, but you also need evidence to prove how much you deserve to recover.

If you have a claim outside of PIP, you are entitled to just compensation for all of your costs resulting from the collision. These include your medical bills, lost wages, and pain and suffering—among other financial and non-financial losses. But recovering just compensation for each of these requires evidence. This includes not only evidence of the losses you have incurred to date but also the losses you will incur in the future. Thorough documentation is critical; and, in addition to keeping your medical and employment records, you should also document your pain and suffering on a daily basis.

7. You Can Hire a Lawyer at No Out-of-Pocket Cost

As we said in the introduction, you can hire a Florida personal injury lawyer to represent you at no out-of-pocket cost. This is known as contingency-fee representation. When you hire a lawyer to help you seek just compensation after an auto accident, you should not have to pay anything unless your lawyer wins your case.

Winning your case could mean either obtaining an insurance settlement or securing a favorable verdict at trial. In either scenario, your legal fees will be calculated as a percentage of your financial recovery. If your lawyer’s efforts to assert your legal rights as a passenger are unsuccessful for any reason, you will owe nothing.

Discuss Your Rights with a Florida Personal Injury Lawyer for Free

If you were injured while riding as a passenger in Florida, our lawyers can help you seek the full financial compensation you deserve. To learn more, schedule a free consultation today. Call us 24/7 at 800-780-8607, or tell us how we can reach you online and we will be in touch as soon as possible.

The post Personal Injury Claims: A Passenger’s Rights appeared first on Searcy Law.

If you were injured in a hit-and-run accident in Florida, you will need evidence to file an insurance claim. While your personal injury protection (PIP) policy should provide a small amount of coverage regardless of what happened, PIP doesn’t cover all of the costs of serious accident-related injuries. When it comes to collecting evidence, time is of the essence, so it is important that you speak with a Florida car accident attorney as soon as possible.

The evidence you need after a hit-and-run accident depends on the type of insurance claim you will be filing. Of course, you won’t know this until you have tried to identify the driver who hit you. If you can identify the hit-and-run driver, then you may have a claim under his or her insurance policy (assuming he or she has coverage) or possibly against his or her employer (if he or she was working at the time of the accident). If you can’t identify the hit-and-run driver, then you may need to rely on your own uninsured/underinsured motorist coverage—if you have this coverage available.

3 Key Aspects of Proving a Hit and Run in Florida

To understand why the type of claim you can file is important for determining what evidence you need, we can take a look at three key aspects of proving a hit and run in Florida:

1. Proving that You Were Involved in a Hit and run Accident

When you have a claim for a hit-and-run accident, the first step is simply proving that you were involved in a hit-and-run. If you can prove that you were involved in a hit and run (and that the other driver was at fault), you can file an uninsured/underinsured motorist claim even if it isn’t possible to identify the at-fault driver.

With this in mind, some of the key types of evidence in a hit-and-run accident case are the same as those used in other types of accident cases. For example, to prove that you are entitled to coverage, your Florida car accident attorney may be able to use evidence such as:

• The Damage to Your Vehicle – The location and extent of the damage to your car, truck or SUV will be helpful for showing that you got hit by another vehicle.
• Forensic Evidence from the Crash Site – Tire marks, damaged sign posts or guard rails, damaged vegetation, and other forms of forensic evidence from the crash site could help prove that you got hit as well.
• Witness Testimony – If anyone witnessed your hit-and-run accident, they may be able to testify in support of your claim for uninsured/underinsured motorist coverage.
• Photos or Videos – If your hit-and-run accident was captured on video, or if any witnesses took photos or videos of the other driver speeding away, this could also be key evidence in support of your insurance claim.

Again, these are just examples—various other forms of evidence may be available as well. The circumstances surrounding your accident could also demonstrate that someone else was responsible for causing the collision. For example, if you got rear-ended, this in itself could be evidence that the driver who hit you was at fault. Likewise, if you got hit by a driver who crossed the center line, being able to prove that you were on your side of the road at the time of impact could be a key factor in your case.

2. Proving Who Hit You and Fled the Scene of the Accident

If you can prove who hit you, then you shouldn’t have to rely on your own insurance coverage (unless other coverage isn’t available—unfortunately, a large percentage of Florida drivers are uninsured). While identifying a hit-and-run driver can be challenging, an experienced Florida car accident attorney may be able to piece together various pieces of evidence to make an identification.

For example, witness testimony, photos and videos can help in many cases—and, if you can remember anything about the vehicle that hit you, you should share as many details as possible with your attorney. If the police are investigating, your attorney can work with the police to find out what they know as well. Your attorney can also check to see if anyone has posted anything about the accident on social media.

3. Proving the Damages You Are Entitled to Recover

Regardless of whether it is possible to identify the hit-and-run driver, seeking coverage for your injuries will also require evidence of the damages you are entitled to recover. This evidence can also take many different forms. For example, to prove that you are entitled to coverage outside of PIP, your attorney may need to present evidence such as:

• Medical records
• Receipts for other accident-related expenses
• Employment records
• Proof of your pain and suffering

While dealing with a hit-and-run accident can be frustrating, it is important not to give up hope. If the accident wasn’t your fault, your legal rights are clear—and, while there are no guarantees, there are many ways an experienced Florida car accident attorney can help. It is also important to keep in mind that hiring an attorney costs nothing out of pocket. You can hire an attorney to investigate your accident for free, and regardless of whether your attorney can identify the hit-and-run driver, you won’t have to pay anything unless your attorney helps you recover just compensation.

Talk to a Florida Car Accident Attorney at Searcy Denney

If you were injured in a hit and run accident in Florida, we strongly encourage you to contact us promptly for more information. We can investigate your accident immediately, and we can help you understand your options based on the evidence that is available. To arrange a free consultation with a Florida car accident attorney at Searcy Denney as soon as possible, call 800-780-8607 or send us your contact information online now.

The post Proving a Hit and Run in Florida: What Evidence is Needed? appeared first on Searcy Law.

On streets throughout the country, driverless cars are operating in tests on a regular basis, although these cars currently have human drivers standing by to take over if necessary. Industry predictions vary about when we will be able to purchase and operate completely driverless vehicles, but they are expected to become the norm. 

Like it or not, we are headed toward situations where most vehicles on the roads operate with little human intervention. So, what are the pros and cons of this eventuality? What should we plan to take advantage of, and what should we be wary of? How should we prepare? Let’s take a look at what we can expect from driverless cars.

The Anticipated Benefits of Driverless Vehicles

While it is important to be aware of the potential drawbacks and safety concerns of driverless vehicles, these types of vehicles are expected to provide numerous advantages.

Recapturing Lost Time

Anyone who has ever been stuck in stop-and-go traffic understands what a tremendous waste of time and attention driving can be. If instead of paying attention to the road, people traveling by car could use the time to work or relax, then travel by driverless vehicle would have the effect of adding extra hours to the day. This benefit would be tremendous for many people who feel like they are always crunched for time.

Reduced Opportunity for Human Error

Proponents of driverless vehicles confidently predict that car and truck accidents will decrease dramatically when the potential for human error is taken out of the driving equation. After all, most car accidents are caused by some type of negligence or reckless behavior on the part of a driver. People pay attention to their cell phones rather than the road, they drive while impaired by alcohol or drugs, they eat breakfast or put on makeup while commuting, or they simply get drowsy or impatient and make mistakes behind the wheel. If the vehicle is monitoring conditions and taking appropriate actions, then it doesn’t matter how the human inside is behaving.

Traffic Flow Can Be Optimized

Even when humans are closely following traffic conditions on GPS and planning routes to avoid congestion, vehicles still end up stuck in long lines of traffic. If all or most vehicles were controlled by computerized systems that communicated with one another, traffic on the roads could be optimized to avoid congestion, saving time and energy.

Increased Accessibility

Under our current transportation model, people with visual or certain physical handicaps cannot drive themselves around. They must rely on transportation provided by others, whether a private driver or public transportation such as a bus or train. This can be severely limiting.

When driverless cars become a reality, many individuals who are unable to drive a traditional vehicle will be able to travel independently, greatly increasing their autonomy.

Potential Problems to Watch for with Driverless Vehicles

Although many commuters may eagerly anticipate the chance to turn over the driving to an automated car, driverless vehicles will not be perfect. Personal injury attorneys know that in a rush to sell new technology, companies do not always do enough testing or include the safety features necessary to protect the public. Here are some concerns to keep in mind regarding driverless vehicles.

Technical Problems Can Lead to Severe Injuries

Mechanical failures in cars, trucks, and other vehicles are common. However, human drivers generally react to the failure in a way that prevents or reduces the severity of collisions. For instance, if anti-lock brakes jam, a driver might shift the car into neutral and steer to the side of the road to avoid hitting other vehicles.

But when a computer is controlling the actions, the vehicle may not be handled in the same way. Even worse, when the technical problem involves the equipment that controls decisions about the vehicle’s operation, the problem may not be recognized and there be no corrective efforts whatsoever. An error could cause an accident or turn a minor danger into a collision with serious injuries or fatalities.

Interactions Between Computer-Controlled and Human Controlled Vehicles Will Be Unpredictable

Human drivers generally know what to expect from other human drivers, and computerized drivers will be the same way. However, when you put the two different types of drivers together, the results could be problematic. 

A driverless vehicle may expect traffic to conform to certain patterns, and when a human driver fails to follow that pattern, it could set off a chain reaction that proves disastrous. Human drivers are also likely to be confused by the patterns of computerized drivers. For instance, a driverless car may slow down to optimize the handling of traffic congestion miles ahead of the timeframe in which a human driver is made aware of such congestion. The unexpected slowdown could result in a rear-end collision or other type of accident.

Automated Driving Features Provide a False Sense of Security

While we may be years away from seeing completely driverless vehicles on our highways, new cars are loaded with increasingly automated functions that assist the driver in detecting and reacting to conditions. These “safety features” can have an unsafe effect when they lull drivers into a false sense of security. When, for instance, drivers rely on the vehicle’s detection system to warn them of traffic beside them or obstacles behind them, they stop looking around for other vehicles and have less awareness of the situation around them, making them more liable to make a mistake and cause an accident.

Assessing Liability After an Accident Could Be Difficult

When a car accident results in serious injuries, the responsible person or company is generally required to compensate the victim. But in a collision involving one or more driverless vehicles, it may be very difficult to determine who should be held liable. Should the owner be responsible if they weren’t actually controlling the vehicle? Do you blame the manufacturer? The software producer? The programmer? Attorneys will need to dig deep to properly assess liability to obtain fair compensation for accident victims.

We Know How to Hold Responsible Parties Accountable After a Car or Truck Accident

While the task of driving may continue to change, the one factor that will not change is the damage that can be done to someone’s life by a motor vehicle collision. Injuries destroy both physical and mental health, and can turn your future plans and dreams to ashes.

The attorneys at Searcy Denney understand the devastation caused by car accidents and we work effectively to help victims and their families obtain compensation to meet financial needs and to make up for the pain, suffering, and other losses they’ve experienced. To learn how we can help you after an accident, call 888-549-7011 or contact our team online today for a free consultation and case evaluation.

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