Never admit that you’re at fault for the auto collision.
The insurance adjuster is there to collect information regarding the accident and how it occurred. You need to be very careful about what you say to them. Even when you feel as though you may be the one that caused the car accident, you need to understand that there are multiple, complex factors at play that could relieve you of any fault. Admitting fault to an insurance adjuster may make it difficult, if not impossible, for an attorney to come alongside you and prove that the other party is really the one who’s at fault.

Never share your medical records with the insurance company.
An insurance adjuster can use the medical records (e.g., bills, information about injuries, treatment plans) from your car accident. These things can all be used to build a case against you if you go to court due to your auto collision.

Remember, while an insurance company may act like they’re your friend after you’ve been in a car accident, they’re rarely on your side. Typically, they want to pay out the least amount of money possible. Therefore, when they’re asking for your information, you should be skeptical regarding their intentions. Always talk to your attorney before proceeding. They’ll know how to act in your best interest.

Never share any unnecessary information.
Since you don’t know what information is necessary for your insurance company to have after you’ve been in an auto collision, you should always proceed as if the information could be used against you. Therefore, it’s best to avoid giving them anything other than what the law requires you to share with them. Besides not sharing medical records, you also never want to share things like who’s involved in the car accident and their contact information or what happened.

Never make any assumptions about the auto collision.
Although it’s normal to form opinions and ideas regarding what happened in a car accident, you never want to share this information with an insurance adjuster. Sure, they’ll ask you questions that encourage you to speculate about the accident and what happened, but it’s in your best interest to avoid doing so. Instead, let the official documents (e.g., police report, medical records) tell the story for you.

Never provide a recorded statement.
Quite likely, you’ll be asked by the insurance adjuster to allow them to record your conversation. It’s in your best interest to decline because it’s too easy to say something that’ll negatively impact your auto collision claim. Sometimes you may find yourself in a situation where you can’t decline. You can always hang up the phone, and in such situations, you should do so. This is important because insurance adjusters are experts at getting people to say things that’ll negatively impact their claims.

Never proceed without an attorney.
Sometimes an insurance adjuster will ask if you have an attorney. Never answer this question. Instead, make sure you have an attorney on your side. Here at the Blenner Law Group in Palm Harbor, FL, we’ve helped numerous clients win their auto collision claims. Our experienced attorneys offer free case reviews for those who aren’t certain whether they should even file a claim. Contact us today to schedule your initial consultation.

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When you’re compensated for a physical injury, it isn’t taxable

Generally, this is true for both federal and state laws, regardless of whether you settled in or out of court. Federal tax law (the IRS) excludes any damages that you received due to personal physical injuries or physical sickness from your gross income. This is because the IRS sees that you’re being compensated for things like medical bills, pain, and suffering, lost wages, loss of consortium (business), emotional distress, and attorney fees.

There are some exceptions to this rule

Before you walk away thinking that you’ll never be taxed for any money that comes from these settlements, you should know that there are some times when the settlement money is taxable. It’s important to know what these are so that you aren’t surprised by them.

Settlements from a breach of contract are always taxable

Even when suffering from a personal injury or physical sickness, your damages will be taxed if they relate to a breach of contract. In other words, when a breach of contract results in your injuries and thus serves as the basis of your lawsuit, any settlement fees are taxable.

Punitive damages are always taxable

A court may include payment for punitive damages in your settlement. These are considered “punishment” for especially harmful behavior on the part of the defendant. Your lawyer should ask the judge to separate this verdict into punitive damages and compensatory damages to ensure that you’re able to prove to the IRS what part of the verdict was for compensatory damages since they aren’t taxable.

Interest in your judgment in a personal injury case is taxable

Another part of your personal injury verdict, which is taxable, is any interest in your judgment. In most states, there are court rules that add interest to your verdict based on the length of time your case was pending. For instance, if you were to file a lawsuit on January 1, 2019, you should receive interest starting on this date and running until you receive payment. This means that if you don’t win your trial until January 10, 2020, and then the defendant enters an appeal that drags the case out until March 31, 2021, you’ll receive two years and three months of interest payments on top of the amount you receive in the verdict. Unfortunately, you’ll be taxed for this part of your settlement.

Take some steps to ensure that as much money as possible isn’t taxable

If you have two claims against a defendant (one personal injury and one emotional injury), make sure that it’s explicitly stated in your settlement agreement how much money is for each type of injury. This is especially important when you’re being offered more money for your injuries than you are for your emotional injuries. Although this is something that the IRS can still challenge the non-taxability of your settlement, having this in writing will give you the best chance of success.

For more information on personal injury cases or help with settling yours contact the Blenner Law Group Palm Harbor in Palm Harbor, FL, today.

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As well as potential casualties and damage, if an accident occurs during bad weather in Palm Harbor or St Petersburg, you could still be liable even if the weather was a big factor in why the accident happened.

No matter what the reasons are for being out on the road in bad weather, there are various things that could help to decrease your chances of being involved in a road accident. Let’s look at some of the steps you can take to make driving in bad weather a little bit safer.

Drive Slower
This is one of the main things you should remember when driving in bad weather. When driving during heavy rainfall, drive slower than you would if it wasn’t raining. Be aware that your vehicle will take longer to brake on wet and slippery roads, which can increase the chance of a car accident with others in front or behind you. Tires are less effective at maintaining traction on the road when it is experiencing heavy rainfall.

Pay Even More Attention to the Road
You should always pay plenty of attention to the road and your surroundings when you are driving. In a downpour, it is even more important to pay attention to the road and any other vehicles around you. Attention should also be given to potential cyclists or pedestrians, whose vision may also be impaired by poor weather and who may be less visible to you due to the rainfall.

Pull Over and Delay Your Journey
If it is safe to do so, you should always consider the possibility of delaying your journey and either pulling over to the side of the road or postponing your journey altogether. It is generally much safer to drive when the weather has improved, so unless your journey is essential, consider avoiding driving during heavy rainfall and rearrange your trip for another time.

Look After Your Vehicle
Vehicles in bad condition are less likely to withstand bad weather and could be more likely to end up in a car accident. Conducting regular checks and inspections of your vehicle will help you to identify any problems early on and can make your car safer to drive on the road during heavy rainfall. For example, making sure the brakes are not worn out will ensure you can brake swiftly if needed and with maximum impact. You can also consider upgrading your tires to withstand water and heavy rains more effectively.

Switch on Your Lights
Switching on your headlights can help other drivers to see your vehicle while also making it easier for you to see ahead. This can be an important safety measure to take when driving during heavy rainfall. If the weather is foggy, you should always ensure your fog lights are switched on. Be aware that using lights does not reduce the need to drive slower and take other precautionary measures when driving in challenging weather.

Getting Help if You Are Involved in a Car Accident
If you have been involved in an accident and need professional legal support in Palm Harbor or St Petersburg, you can get in touch with Blenner Law Group. Experienced attorneys can offer specialist advice and support to deal with the challenges ahead.

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If you’re one of the people driving a car around St Petersburg, there are various things you can bear in mind to help prevent car speeding accidents. This reduces the risk to your own personal safety and reduces the risk of harm to those around you. Here are some of the things that could help to prevent car speeding accidents.

Don’t Rush
Trying to get to your destination quickly is one of the main reasons why drivers speed on the road. Speeding is one of the leading causes of accidents on the road, so slowing down could help you to make the roads a little bit safer.

In order to ensure you don’t feel the need for speed while driving, set off a few minutes earlier and give yourself plenty of time to get from one place to another.

Stay Sober
When you’re under the influence of alcohol or other substances, you’re probably more likely to put your foot down. Apart from breaking the law, if you’ve had too much to drink, you could be putting your own life and others at risk by getting behind the wheel while you’re under the influence. Your reaction time is likely to be slower, and you are less likely to pay full attention to the road.

Aside from the obvious dangers of driving under the influence, if you’re caught speeding while over the alcohol limit, you could find yourself in even more trouble.

Look After Yourself
Avoid driving when you don’t feel well – physically or mentally. If you’re feeling angry, tired, or ill when you get behind the wheel, you’ll increase the chances of being involved in a road accident.

Emotions such as rage, anger, and impatience are also likely to have an impact on the way we drive, which is why it’s important to feel your best when you’re on the road. Drivers who are feeling upset or angry may feel more inclined to speed, thus increasing the risk of car speeding accidents.

Look After Your Car
As well as looking after yourself on and off the road, it’s important to maintain the condition of your car. You should ensure your vehicle is regularly checked for any problems, and anything which is impacting the performance of your car should be rectified as soon as possible. Car speeding accidents may be caused by vehicles that are not being kept in optimum condition, such as brakes that have failed or lights that are not working properly.

Finding Help After Car Speeding Accidents
Despite the best efforts of many people on the road to keep themselves and others safe, car speeding accidents still happen in St Petersburg. If you’re looking for personal injury support after a car speeding accident, you can visit Blenner Law Group for help.

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According to The National Highway Traffic Safety Administration car accidents caused by speeding are up as much as 15% in some areas during recent months. The resulting injuries become worse as your speed increases. This speed is also a significant factor in crash liability.

It should be no surprise that speeding isn’t only common but also quite dangerous. According to The National Highway Traffic Safety Administration, approximately one-third of all deadly crashes occur when at least one of the parties involved has been speeding. What’s interesting is that most drivers don’t think it’s an issue. They’ll even go so far as to make excuses for it.

In reality, driving at a high rate of speed has many dangerous consequences, including:

• You’re unable to easily maneuver your vehicle around obstructions and curves in the roadway.
• You need more time and distance so you can stop safely.
• Since it takes a bit for you to react to your vehicle when you get in an accident while speeding you’re more likely to get injured.
• You can’t possibly react fast enough to assess just how fast another vehicle is traveling when it’s moving at a high speed.

Undoubtedly, cars traveling at excessive speeds are frequently a liability. Just how big of a liability they are will depend on factors specific to the case.

Defining Speeding

Although this sounds easy, you should know that you could also get a speeding ticket when you’re traveling too fast for the road conditions, even when you’re going under the speed limit. This is why you need to remain alert to any changes in weather conditions. Of course, you also need to watch for congested traffic, roadway debris, poorly maintained roads, and anything around you (e.g., bicyclists, pedestrians, animals).

According to F.S. 316.183, you aren’t permitted to drive your vehicle at an unreasonable speed. As a driver, you’re responsible for controlling your speed so you avoid causing a car accident. This is important to understand because if you’re found negligent you’ll also be found liable. Negligence is defined as not being careful enough to avoid harming someone else. When found negligent you’ll incur fines and points on your driver’s license. You may also be held liable for your actions if someone else gets hurt.

Retaining a Lawyer After a Car Accident

Just because you were in a car accident where someone is injured or killed doesn’t mean it has to go to litigation. Relatively minor injuries can be adequately compensated with the personal injury protection (PIP) part of your insurance coverage. This coverage offers about $10K in coverage for medical and wage loss. No proof of fault is necessary.

When you’re in a car accident that meets the severe injury threshold you may step outside of the no-fault system to pursue a claim with the other driver’s insurance. To do this you must be able to prove the other driver’s negligence. This means that if you can prove that the other driver was traveling at too high of a rate of speed you can prove that they’re breaching their duty of care for others as a driver.

To win your case here you not only need to prove this, but you must also prove that they caused the crash and your injuries. It’s also important for you to defend against accusations that you contributed to the accident and the injuries that were incurred therein.

When you get into a car accident in St. Petersburg, reach out to us at Blenner Law Group. We may be able to forego a lawsuit and still negotiate a fair insurance settlement for you. Put our dedication to the test. Contact us today.

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Wrong-way car accidents are easily preventable as they occur due to a driver error. One common cause of a wrong-way car accident, weighing in for almost half of the deaths, is driving drunk. Those that drink and drive have impaired judgment, and may not see the wrong way signs. Other times, these individuals just make bad calls and go that way anyway.

A second common cause of wrong-way car accidents is the motorist has lost control of the vehicle. This may be because a tire has blown, the brakes are faulty, or there is a malfunction in a part of the car. This can make the car spin around, heading into oncoming traffic.

And what about road construction? Many times, drivers are confused about traffic changes, and when added into one-way roads, roundabouts, or multi-lane freeways, the motorist is not sure which way to go. This can easily lead to going the wrong way.

Speaking of confusion, there may be drivers on the road who suffer from dementia or other cognitive troubles that could make them even more confused. These individuals may not be able to tell which way traffic is flowing, thus making them drive in the wrong direction. This may even happen to all individuals that are not familiar with the area they are driving in.

The elderly drivers cause approximately 15% of wrong-way car collisions. This may be due to dementia we spoke about above, while others have vision issues.

Many times, distractions will be a reason for wrong-way car accidents. This could be due to using a cell phone, eating, rocking out to music, or arguing with a child in the backseat. The driver may not notice a wrong way sign, or could easily turn into oncoming traffic.

Roadways may also be poorly marked. Ramps may not be marked properly, or there may be signs that have faded and are no longer clear. Trees may be blocking the sign, or there may be lighting issues.

Sadly, wrong-way car accidents cause many other injuries that can be quite painful to those that wind up in these collisions. Whiplash and other neck injuries often occur to those in these accidents. People have suffered fractures, head trauma, internal injuries, soft tissue injuries, or facial injuries. Broken bones, such as the pelvis, arms, or legs, are quite common in this type of collision as well. Amputations and spinal cord injuries have also been known to occur. Organs could also suffer damage.

If you are the victim of a wrong-way car accident, be certain to get medical assistance for yourself and anyone else involved in the collision. You will also want to take pictures of the scene, be sure to snap images of where the cars stopped after the accident occurred. Take pictures of any tire marks on the roadways, grass, or gravel. You should also snap pictures of any damage done to the vehicles, regardless of how large or small it is. And look around the scene of the accident for any other damage caused, such as a road sign knocked over, a fence drove through, or tree limbs that may have snapped off.

You will also want to get the contact information of the driver who caused the accident, as well as any others that were involved. Full name, address, telephone number, and insurance information should be exchanged. If there were witnesses, be certain to ask them for their name, address, and phone numbers as well.

Regardless of whether you are at fault or not, be sure to call your insurance company. And you will also want to speak with a personal injury attorney to help you.

If you have been involved in a wrong-way car accident in St Petersburg or Palm Harbor in FL, call respected personal injury attorneys, such as attorneys at Blenner Law Group. They can provide you with the best advice to help you receive the compensation you deserve in your time of need.

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