Carrollwood Uninsured Motorist Accident Attorney
The Sunshine state has the highest percentage of uninsured drivers in the country. At the same time, Florida also has one of the lowest auto insurance minimum requirements in the country. So, a significant number of drivers are uninsured or underinsured. As a result, even if an attorney obtains a judgement, collecting on that judgment might be a problem. That’s especially true in catastrophic injury cases.
Unlike many drivers, the diligent Carrollwood uninsured motorist accident attorneys at Moore Law never take shortcuts and never take the easy way out. Instead, we pay close attention to the details. These details include not only winning a case, but also ensuring that the victory is not a hollow one. Most of these claims settle out of court. However, because of our diligence, we are well aware of a claim’s settlement value. So, we never settle for anything less than maximum compensation.
Third Party Liability in Car Crash Claims
Driver error causes most of the vehicle collisions in Florida. So, in most cases, individual motorists are legally responsible for damages. But a third party is often financially responsible for damages. If that’s the case, the amount of insurance a tortfeasor (negligent driver) had, or didn’t have, is largely irrelevant. Common third party liability theories include:
- Dram Shop: Commercial alcohol providers, like bars and restaurants, could be vicariously liable for car wreck or other damages if they illegally sell alcohol to a patron who later causes a car wreck or another such incident. Examples of illegal sales include sales to underage patrons and sales to individuals who were habitually addicted to alcohol.
- Respondeat Superior: This vicarious liability theory applies in most commercial operator wrecks. Employers are financially responsible if their employees are negligent during the course and scope of their employment. Florida law is very broad in this area. For example, independent contractors and other such workers are usually employees for negligence purposes.
- Negligent Entrustment: Owners are financially responsible for damages if they knowingly allow incompetent operators to use their vehicles and these operators cause wrecks. Evidence of incompetence includes no drivers’ license, safety-suspended driver’s license, driving in violation of license restrictions, and a poor driving record that includes recent at-fault collisions.
Damages in car wreck cases usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A Carrollwood uninsured and underinsured motorist accident lawyer may be able to obtain additional punitive damages, in some extreme cases.
Special Issues in Hit-and-Run Claims
Many people believe if the tortfeasor flees the scene, they have no hope of obtaining compensation. But that’s usually not true, mostly because of the low burden of proof in civil cases.
Victim/plaintiffs must only prove their cases by a preponderance of the evidence (more likely than not). It’s more likely than not that a vehicle’s driver was also its owner. So, if an attorney identifies the owner, that’s usually enough.
Assume a crash witness says a light-colored sedan caused a pedestrian accident. A security camera a few blocks away captures the license plate number of a light colored-sedan a few blocks away from the accident scene.
That proof would probably not hold up in criminal court. But it probably would hold up in civil court.
Additionally, even if an attorney doesn’t locate the vehicle’s owner, most victims can file claims with their own insurance companies. These claims usually settle quickly and on victim-friendly terms.
Contact an Experienced Hillsborough County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced uninsured and underinsured accident lawyer in Carrollwood, contact Moore Law by going online or calling 813-510-5400. Virtual, home, and hospital visits are available.