What is a hit-and-run accident?

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Fort Walton Beach, FL—A hit-and-run accident happens when a driver of a car, truck, or another type of vehicle causes an accident and fails to remain at the scene to exchange information and render reasonable assistance. While some hit-and-run accidents only result in property damage, others have caused one or more parties to suffer serious and even fatal injuries. 

Is it illegal to leave the scene of a car accident in Florida?

If a car crash results in property damage, injuries, or death, a driver is required to remain at the scene. During this time, they must also exchange their name, address, and vehicle information with the other parties involved as well as provide reasonable assistance to ensure anyone who did suffer injuries is able to get the treatment they need within a timely manner.1

Drivers who fail to remain at the scene of an accident could face serious consequences for violating the law.

What are the penalties for causing a hit-and-run accident in Fort Walton Beach, FL?

The penalties for causing a hit-and-run accident were modified on July 1, 2014, after a drunk driver fatally struck a cyclist, fled the scene, and was given a less severe sentence, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).2 After the new law took effect, drivers were subject to harsher penalties for causing a hit-and-run crash.

The current penalties drivers in Florida may face if they cause a hit-and-run accident are as follows:

  • When the accident results in property damage:
  1. Charged with a second-degree misdemeanor.
  2. Sentenced to up to 60 days in prison.
  3. Pay a fine of $500.
  • When the accident results in injuries:
  1. Charged with a second- or third-degree felony.
  2. Sentenced to up to five years in prison.
  3. Pay a fine of $5,000.
  4. Having their license revoked for at least three years.
  • When the accident results in a fatality:
  1. Charged with a first-degree felony.
  2. Sentenced to a mandatory minimum of four years in prison.
  3. Pay a fine of $10,000.
  4. Having their license revoked for at least three years.

What are a driver’s rights after a hit-and-run accident in Fort Walton Beach, FL?

If a driver was involved in a hit-and-run accident, they may be entitled to recover compensation from their insurance carrier as well as the driver who caused the crash given they have been identified. Because it isn’t always clear to a hit-and-run accident victim where compensation can be recovered from, they are encouraged to contact a Fort Walton Beach car accident attorney who can determine this for them.

Browning Law Firm is an accident law firm located in Fort Walton Beach that provides legal services to those who have been injured in an accident that wasn’t their fault.

Browning Law Firm can be reached at:

418 Racetrack Rd. NE, Ste B

Fort Walton Beach, FL 32547

Phone: 850-344-1736

Website: www.browninglawfirm.com

Sources:

  1. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.062.html 
  2. https://www.flhsmv.gov/safety-center/driving-safety/hitrun/ 

What are some common injuries suffered in motorcycle accidents?

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Fort Walton Beach, FL-Motorcycle riders are far more likely to suffer serious or fatal injuries in the event of an accident due to the lack of protection. Unlike occupants of passenger vehicles, motorcyclists aren’t protected by a vehicle that will absorb some of the impact when involved in a collision. Some of the common injuries suffered in a motorcycle accident include:

  • Head and brain injuries. Although helmets are meant to help prevent head injuries in the event of a motorcycle accident, not always are they successful at doing so. When a motorcyclist is struck by a vehicle traveling at a fast rate of speed or is thrown from their vehicle, a helmet sometimes isn’t enough to protect them. As for those who choose not to wear a helmet, they put themselves at a greater risk of sustaining a head or brain injury that is serious or fatal.
  • Fractures. It isn’t uncommon for a motorcyclist to suffer one or multiple fractures in the event of a crash. A fracture is not only painful, but if it is severe or doesn’t heal properly, it can lead to a person experiencing a loss in physical abilities.
  • Road rash. Road rash is when a motorcyclist’s skin comes in contact with the pavement and causes them to suffer an abrasion. Road rash can range from mild to severe cases and can lead to scarring.

Who pays for a motorcyclist’s medical expenses after a motor vehicle accident in Fort Walton Beach?

The answer depends on who was at fault and what type of insurance coverages are available. If a motorcyclist was liable for causing the accident, then he/she can generally only recover compensation from their own insurance policy give they are insured. If the rider was not at fault but instead, another party caused the accident, then they may be able to recover compensation from the following parties:

  1. Their insurance carrier. Drivers in the State of Florida are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance. If a rider suffered minor injuries, they can file a PIP claim with their insurer and potentially recover up to $10,000 to help pay for medical expenses and possibly even lost wages.
  1. The other driver’s insurer. In the event a motorcyclist suffered serious injuries and their insurance coverage isn’t enough to pay for their medical expenses, they can file a claim with the at-fault party’s insurer. 
  1. File a civil lawsuit against the driver. When a driver causes an accident in Florida and they don’t have enough insurance coverage available to pay for the damage they caused, they can sometimes be sued for damages. A motorcycle accident should consult with a Fort Walton Beach, FL accident attorney to find out if they have the grounds to sue and for how much.

If a motorcyclist suffered serious injuries in a motor vehicle accident that wasn’t their fault and they would like help with recovering compensation for pain and suffering, medical costs, lost wages, and more, they are encouraged to contact Browning Law Firm to speak with a Fort Walton Beach accident lawyer. Motorcycle accident victims who contact an accident attorney after a wreck generally have a better understanding of their legal rights and how to properly exercise them.

To speak with a Fort Walton Beach, FL accident lawyer now, call 850-344-1736.

Browning Law Firm can be reached at:

418 Racetrack Rd. NE, Ste B

Fort Walton Beach, FL 32547

Phone: 850-344-1736

Website: www.browninglawfirm.com

How can a parent reduce the risk of their child suffering an injury in a motor vehicle accident?

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Car accidents happen frequently in Florida and serve as a leading cause of death for children ages 12 and under.1 The Florida Department of Highway Safety and Motor Vehicles says that in 2020, there were a total of 340,899 crashes that transpired in the state of which 3,094 were fatal and 140,085 that resulted in injuries.2 Because accidents happen often and can’t always be avoided, parents need to ensure they have put the proper safety measures in place to help reduce the chances of their child sustaining an injury in the event they engage in a collision.

Ways Parents Can Reduce the Risk of Their Child Suffering an Injury in a Car Crash

There are a few things parents can be doing to protect their children from accident-related injuries. Some of these things include:

  1. Ensuring the proper car seat is being used. According to the Centers for Disease Control and Prevention (CDC), car seats “reduce the risk of injury in a crash by 71-82% for children when compared with seat belt use alone.” Not only should parents ensure they are using the proper car seat for their child but that it is properly installed inside their vehicle. The American Academy of Family Physicians (AAFP) recommends that infants and toddlers remain in a rear-facing car seat up until they reach the weight and height limitations permitted by the manufacturer.3
  1. Use the correct booster seat. Once a child has outgrown their car seat, they should then be seated in a booster seat each time they ride in a vehicle. When it comes to booster seats, they are said to reduce the risk of serious injury by 45% for children between the ages of four and eight, according to the CDC.
  1. Ensure children who have outgrown their booster seats are properly buckled in. Seat belts, when properly used, save lives and reduce the risk for serious injury by half. Seat belts should always be worn and sit across a child’s chest rather than go behind them.

When a Child Suffers Injuries in a Motor Vehicle Accident in Fort Walton Beach, FL

When a child suffers an injury in a car accident, their parent(s) may be left with many questions including:

Parents who would like answers to these questions and more can contact Browning Law Firm to receive an initial consultation. The FL car accident attorneys at Browning Law Firm have helped many accident victims secure favorable outcomes including a $110,000 verdict for a head-on collision and $25,000 for a rear-end crash and would be happy to help others who are in need of legal advice and representation.

Browning Law Firm can be reached at:

418 Racetrack Rd. NE, Ste B

Fort Walton Beach, FL 32547

Phone: 850-344-1736

Website: www.browninglawfirm.com

Sources:

  1. https://www.cdc.gov/transportationsafety/child_passenger_safety/cps-factsheet.html 
  2. https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/ 
  3. https://www.aafp.org/news/health-of-the-public/20180921kidscarsafety.html 

Can domestic violence be a reason to file for divorce in New York?

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Brooklyn, NY – Any married couple that has issues with domestic violence should consider separating for their own safety. Under New York law, various kinds of physical and emotional abuse can be used as grounds for a fault based divorce. There is also the possibility that the couple can be separated through a no fault divorce, as this option is available to anyone who wants to end their marriage for any reason. Specific legal advice should be obtained from a local licensed attorney before committing to any decision. Anyone who is a victim of domestic violence should also contact law enforcement and go through the process to get a protective order from a local judge.  

Fault based divorces for cruel treatment

New York divorce law retains the traditional fault based reason for a divorce for cruel and inhumane treatment. This is a way for couples who have serious issues with domestic violence, verbal arguments, and other forms of abuse to separate through the courts. The spouse who files for the divorce must give evidence of specific examples of abuse that have happened within the prior five years. 

If this type of evidence is not available or was too far in the past, the couple is still eligible for a no fault divorce. Many couples choose to file for a no fault divorce regardless of their reasons for separation, as fault based separations can require specific legal findings and take more time in court. 

No fault divorces for any reason

Any married person can simply say that their marriage has broken down and file for divorce in New York as long as some basic requirements are met. This includes residency in the state for at least one year, and at least one spouse claiming that the marriage has been irretrievably broken for at least six months. 

After the divorce paperwork is served, couples going through a no fault divorce will still have to decide on issues such as property division and child custody. Some of the issues and costs tied to litigation in court may be avoided if the couple can make a settlement agreement where they decide how all of these matters will be handled before going to court. If the couple can settle without a divorce trial, they may be eligible for an uncontested divorce, which can be completed quickly. 

Finding out if a divorce is the right option

Elliot Green Law Offices helps people with their family law issues in the Brooklyn area. The firm handles divorces, child support and custody, domestic violence problems, and related matters for local clients. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

Is Your Home Covered for Flood and Tornado Damage in Maryland?

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Maryland has been hit with several surges of extreme weather over the years, and it now seems as though the Free State is facing a fresh delivery of storms, floods, and tornadoes. Of course, this isn’t anything new to Maryland residents, as they’ve been facing these kinds of weather events for decades. That being said, there is a growing feeling in the United States that extreme weather has become significantly worse over time, and this is leading to property owners taking a more proactive stance when it comes to insuring and protecting their homes. 

In early June of 2021, a number of weather warnings were issued for the Washington, D.C. area and parts of Maryland. Damaging winds were forecast, and Maryland faced tornadoes and flood watches. Washington was expected to face significant thunderstorms as well as hailstorms. The National Weather Service then posted a Flash Flood Watch for Maryland, while also warning residents to expect damaging winds of between 60 and 70 mph. 

Maryland Has a History of Tornadoes

Maryland has a long history of tornadoes, and the state averages about five tornadoes per year. In 2020, a record five tornadoes hit the state within a single day. In 1992, the state faced the worst tornado in its history. The F5 twister flattened entire buildings with winds of more than 261 miles per hour, and the storm claimed three lives. 

Are You Covered?

In the face of these storm warnings, it’s important to consider whether you have the right level of coverage for your home. It might be worth sitting down and reviewing the details of your policy, especially the fine print. Don’t make the mistake of assuming that you’re covered for virtually every form of damage, since this type of extensive coverage is relatively rare. 

Most homeowners’ insurance policies provide some degree of coverage for water and wind damage, but you may be limited in your attempts to receive full compensation for the totality of the damages. You can speak with your insurer about options for additional coverage. For example, you might want to make sure that you’re covered for things like floods and tornadoes. 

Enlist the Help of a Qualified Attorney Today

If you’re having trouble with your insurance claim in Maryland after a storm, don’t give up just yet. You can still get all the help you need from a qualified, experienced attorney who specializes in denied insurance claims. These legal professionals will work with you to ensure that your insurance company takes you seriously. Even if your claim has already been denied, your attorney can help you pursue this matter until you get the compensation you deserve. If you need help from a legal expert, there are plenty of options available in Maryland. 

How to Deal With Property Damage Caused by Extreme Weather in Lake Charles

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Of all the cities in the nation, Lake Charles has been hit especially hard by the recent influx of extreme weather across America. Property owners and citizens are desperately trying to find a solution to this problem. Where do they turn? How can they get the compensation they need to fix the damage caused by these storms, and how can they prepare for more storms in the future?

In May of 2021, Lake Charles was once again hit by “biblical” rainfall, leading many residents to believe that they were living in one of the most unfortunate cities in the entire nation. In the space of just a year, the city has experienced two major hurricanes, a deep freeze, and incessant, flooding rainfall. The latest extreme weather came in the form of 15 inches of rain in just 12 hours. Residents were left navigating the streets with kayaks. 

Get Hurricane Insurance

In the face of this extreme weather, many residents are turning to hurricane insurance. This is a special form of insurance that can provide you with additional protection and coverage against damage specifically caused by hurricanes. Unfortunately, many insurance policies have major coverage gaps. For example, most homeowners’ insurance policies cover wind and water damage, but they may not specifically cover flooding and hurricane damage. 

Get Help from the Government

President Biden recently announced that he was directing $1 billion towards severe weather preparedness across the nation. This funding will help governments prevent damage from things like floods and hurricanes. This is more of a future solution, as new prevention methods cannot address issues that are already happening in St. Charles. 

Prepare for the Worst

It’s very important to stay prepared if you live in St. Charles. While the government can provide some assistance, you’re on your own in many ways. This means that you might want to protect your windows, your roofs, and even your vehicles in any way you can during this storm season. A major part of the preparation process involves taking pictures of your home. This ensures that you can prove that the damage to your home was not pre-existing when you file a claim with your insurance company. 

Hire an Attorney

Another smart decision is to simply enlist the help of a qualified attorney in St. Charles. This may be especially helpful if you’re dealing with serious property damage and you just can’t seem to get the settlement you need to carry on with your life. Even if an insurance company has already denied your claim, you can try again with the help of your attorney. This will likely give you a much better chance of receiving an adequate settlement. If you’re looking for a qualified attorney in Louisiana, there are plenty of options available. 

How to Avoid Conflicts Between Your Beneficiaries In Utah

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Most people don’t the cause of a conflict. Unfortunately, many individuals in Utah inevitably spark conflicts between family members after they pass away. These conflicts arise because beneficiaries argue and squabble over things like inheritance and your last will and testament. Obviously, it makes sense to avoid these conflicts whenever possible. After all, the goal of estate planning is not to cause conflicts, but to help your beneficiaries live better lives after your passing.

One of the best ways to minimize conflicts is to consult with a qualified, experienced estate planning attorney in St. George, Utah. These legal professionals are well aware of the various conflicts that may emerge after your passing, and they can provide you with plenty of advice on how to address this potential issue.

Be Specific

Conflicts usually arise because you weren’t being specific enough in your will or trust. Work with your attorney and make sure to be very clear about who receives which assets. You need to think about all the possible scenarios that might arise, and make sure that every eventuality is accounted for in your estate planning process. If you are vague or unclear, conflicts will inevitably arise as beneficiaries try to make sense of it all. 

Speak with Your Beneficiaries Beforehand

While crafting your will or trust, it might be a good idea to get some input from your beneficiaries. This can give you a sense of where certain disputes and arguments may arise, and you can adapt your will or trust accordingly. 

Use a Mediator

Siblings and other beneficiaries can minimize many conflicts if they rely on a professional mediator to sort things out. While you won’t be around the control whether or not they choose to go this route, you can still highlight your wishes in your will. If you make it clear that you want your siblings to enlist the help of a mediator in your will, they will likely be obliged to do so. A trust may also be a solid option, since a trustee fulfills many of the same roles as a mediator when it comes to dealing with beneficiaries. 

Enlist the Help of a Qualified Estate Planning Attorney Today

If you’ve been searching the St. George area for a qualified, experienced estate planning attorney, look no further than Barney McKenna & Olmstead. Thanks to a wealth of experience with the estate planning process, we can help you approach your next steps with clarity and confidence. Minimizing conflicts is easy when you have a legal expert by your side, and we can help you tackle these issues. Reach out and book your consultation today. 

Barney McKenna & Olmstead

SAINT GEORGE

43 South 100 East

Suite 300

(435) 628-1711

What form is used to file for a simplified divorce in Naples, Florida?

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Individuals who are looking to file for a dissolution of marriage in Naples can do so using Form 12.901(a). Form 12.901(a) is for couples who are seeking a simplified divorce and have no minor children together. In order for an individual to file for a simplified divorce in Naples, the Florida Office of the State Courts Administrator states that they must meet the following criteria:

  • The party filing for divorce and/or their spouse must have resided in Florida for at least six months prior to them filing.
  • The two parties agree that the marriage is irreparable. 
  • The couple has no minor children together and the wife is not pregnant.
  • Certain issues such as the division of assets have been worked out already. This means both parties are in agreement with how assets and debts will be divided.
  • Neither party is seeking alimony.
  • The filer is “willing to give up [their] right to trial and appeal.”
  • Both parties involved are willing to visit the clerk’s office to sign the divorce petition. 
  • Both parties are willing to attend the final hearing at the same time.

Anyone who doesn’t meet the following criteria will be required to “file a regular petition for dissolution of marriage.” If a couple is filing with no dependent or minor children or property, they will need to file Form 12.901(b)(3). Couples who are filing with no dependent children or minor children but have acquired property together will need to file Form 12.901(b)(2).

For those that do, the form will need to be signed by both parties involved and filed with the clerk of the circuit court in the county where they reside. The individual who resided in the State of Florida for at least six months will need to provide proof of this.

What if a couple has children together?

If an individual is looking to file for divorce and there are minor children involved, they will need to file Form 12.901(b)(1).

Is it necessary to hire a Naples, FL divorce lawyer?

While a person doesn’t necessarily need to retain a divorce attorney if they are looking to file for a dissolution of marriage in Naples, it is a good idea for them to consider doing so. For those who choose to file without legal representation, they will be expected to fill out the required forms themselves and get them filed with the appropriate court. 

If the divorce is contested, meaning one or more issues (i.e. division of assets, alimony, etc.) has not been settled, the party who has chosen not to retain a Naples divorce attorney will be expected to have a basic understanding of the laws that govern their case. 

Find Out Why It Benefits to Retain Legal Counsel When Going Through a Divorce

Going through a divorce is hard enough but having to figure out the process the court requires a person to follow to successfully file a divorce petition is yet another challenge an individual shouldn’t have to take on alone. For those who aren’t sure whether they need to retain a divorce lawyer or why it benefits them to do so are encouraged to contact The Law Offices of Michael M. Raheb, P.A. to receive a free consultation. 

The Law Offices of Michael M. Raheb, P.A. is located at:

3606 Enterprise Ave #358

Naples, FL 34104

Phone: 239-989-2336

Website: www.michaelraheb.com

Does a driver lose their license after being charged with a DUI in Florida?

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Fort Myers, FL – One of the penalties associated with any DUI case in the state of Florida is a driver’s license suspension. This is in addition to aspects of the sentence such as fines, probation, substance abuse treatment, and the possibility of jail time. Because these penalties are serious and they can affect the person’s ability to make a living if they cannot drive, anyone who has been charged with a DUI should retain a defense attorney and follow their advice.

Standard penalties for DUI cases

A person who is charged with a first DUI is subject to a license suspension for a minimum of six months. A second charge within five years of a prior DUI carries a minimum of a five year suspension. A person who causes injuries or fatalities during a drunk driving incident may possibly lose their license permanently. There is also the possibility of a permanent loss of driving privileges for certain other individuals who have multiple offenses. 

People who have a commercial license may face more severe penalties, including loss of their commercial driving privileges. Some drivers may also qualify for a hardship license after a certain time period, which means that they can drive for work and other essential activities only. A person who refuses a chemical test of breath, blood, or urine will also face a mandatory license suspension due to Florida’s implied consent law. 

Differences between criminal charges and an administrative suspension

It is important for people charged with DUI to know that cases for a license suspension are handled separately from the criminal case associated with the arrest. This is because a license suspension is a civil penalty with a lower burden of proof. Criminal charges must be proven beyond all reasonable doubt, which is one of the highest standards in the American legal system.  

The administrative case for a driver’s license suspension is handled by the Department of Highway Safety and Motor Vehicles, while the criminal charges are handled by the criminal court system.

The services of a lawyer

Defense attorneys can handle both the criminal aspects of a DUI case, as well as the driver’s license suspension issues. It also may be possible for the lawyer to have charges dropped or reduced depending on the specific evidence that the state has available.

Learning more about DUI cases in Florida

Michael Raheb is an attorney in Fort Myers who is experienced in all aspects of DUI defense. Anyone who needs help from a local, licensed attorney can contact his firm for more information.

Firm contact info:

The Law Offices of Michael M. Raheb, P.A.

2423 First Street, Fort Myers, FL 33901

866-949-0888

www.michaelraheb.com

What are the penalties for reckless driving in Florida?

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Fort Myers, FL—In the State of Florida, it is illegal for any person to drive any vehicle “in willful or wanton disregard for the safety of persons or property.”1 Those who do shall be charged with reckless driving. A reckless driving charge carries the following penalties for first-time offenders:

  • A prison sentence of up to 90 days and/or;
  • A fine of at least $25 but no more than $500.

Any individuals who are convicted of reckless driving for a second or subsequent time will likely face the following penalties:

  • A prison sentence of no more than six months and/or;
  • A fine of no less than $50 but no more than $1,000.

If an individual in Fort Myers, FL is facing a reckless driving charge, a criminal defense lawyer can help them understand their charges and assist them through each step of their case. In addition, if the individual’s rights were violated during their arrest or they are innocent of the crime they have been accused of committing, a Fort Myers criminal defense attorney can help them fight their charges or potentially get them reduced to a lesser degree.

When Reckless Driving Leads to Property Damage or Injuries

If an individual was operating their vehicle in a reckless manner and they caused property damage, they shall be charged with a misdemeanor of the first degree. A misdemeanor of the first degree may carry jail time and a fine of at least $1,000.2 Drivers who operate their vehicle recklessly and cause serious bodily injury to another is said to have committed a felony of the third degree. A felony of the third degree may also carry jail time along with a fine of up to $5,000.

What if a driver was accused of committing other crimes in addition to reckless driving?

If a driver was accused of committing multiple crimes such as driving under the influence (DUI), driving without a valid driver’s license, or any other criminal offense, they should consider retaining a defense lawyer as soon as possible. Although a charge does not mean an individual is guilty, they are going to want to hire a Fort Myers criminal defense attorney who has a proven track record of obtaining favorable outcomes in the cases they have represented.

 The Law Offices of Michael M. Raheb, P.A. is Ready to Defend Those Who are Facing Criminal Charges in Fort Myers

If an individual was recently charged with reckless driving or any other type of criminal offense, The Law Offices of Michael M. Raheb, P.A. is prepared to help them with their case. Fort Myers criminal defense attorney Michael M. Raheb has helped dozens of individuals get their charges dismissed or lowered to a lesser degree and is available to provide legal advice and/or help to anyone else who might need it. 

The Law Offices of Michael M. Raheb, P.A. is located at:

2423 First Street

Fort Myers, FL 33901

Phone: 239-989-2336

Website: www.michaelraheb.com

Sources: