EXPERT ADVICE LAW

Personal Injury 101

Get to know the ins and outs of personal injury and how these laws affect you.

By Michael B. Brehne, Law Offices of Michael B. Brehne, P.A

You’ve heard lawyers use the likely to die than those struck by a car. term “personal injury,” but do Light trucks and SUVs don’t have the you really know what that ensame visibility over the hood as cars betails? Personal injury refers to injuries cause of their height and drivers cannot that occur as a result of negligence, see pedestrians and bicyclists as easily as which is the failure to use appropriate motorists driving a car. care, under the circumstances, to avoid injury to another person. Passenger Injuries

Using a car accident as an example, What happens when you’re inwe have the duty to abide by the rules jured in a vehicle driven by somebody of the road and to drive carefully with else? I have yet to see a case where a pasregard to the circumstances existing at senger was found liable for causing their the time. Circumstances involve weathown injuries. er, traffic and speed, among others. In If you’re injured as a passenger in other words, you have to drive with a motor vehicle, there are many avmore care in bad weather or heavy trafenues of recovery for you. The profic than you do on a clear day with light cess begins with the insurance politraffic. If you cut somebody off, run a cies issued to the host driver of the stop sign or drive too fast on I-4 and vehicle, the driver of the other vecrash into someone or something, you hicle involved in the accident, your have breached your duty of care and are own insurance policy and possibly now responsible if someone is injured. other insurance policies from rela

Pedestrian Accidents

Not all car accidents involve two or more vehicles. People are often struck by inattentive drivers while crossing the street or riding their bicycles.

According to the Governors Highway Safety Association, pedestrian deaths are up 5% compared to 2018. Unfortunately, Florida ranks in the top three states for pedestrian deaths along with New Mexico and Hawaii. The Federal Highway Administration says the possible reasons for these high numbers is the growing popularity of light trucks and SUVs and an increase in cell phone use while driving.

Needless to say, pedestrians who are struck by a large SUV are twice as

tives living with you. Your insurance company will be responsible for the first $10,000 of your medical bills, if you own a car. If you don’t own a car or live with a relative who has a car (with insurance) then the host driver’s insurance policy will pay those bills.

After those initial payments have been made, you can file a claim with the at-fault driver’s insurance company. You may also be able to claim uninsured motorist coverage under your own policy, the host driver’s policy or a relative’s policy if they live with you.

If you’re injured due to someone else’s negligence, an experienced attorney who concentrates their practice on personal injury litigation can help you with creating the right strategy for your medical and financial recovery.

Michael Brehne has dedicated his 24-year career to representing injured people in motorcycle and car accidents, and represents people when their insurance claims have been denied. He has earned a reputation as a tenacious and skilled trial lawyer when representing his clients against large corporate defendants and insurance companies. He is also the author of “Watching Out for Florida Motorcyclists: Legal Rights of Injured Bikers.”