Can a passenger recover damages for injuries caused by the driver?

Can a passenger recover damages for injuries caused by the other driver in a Florida auto accident case?

In a Florida car accident case often times passengers are injured in the accident. Passenger is actually in the best position possible in the car accident legally speaking. The passenger can bring up a claim against the other vehicle, driver and the owner.

Likewise, the passenger could also bring a claim against the driver of the car that they were riding in at the time of the crash, and this is because Florida is a comparative negligence fault. You actually have to look at the accident, determine whether there’s fault attributable to one or to both drivers of the vehicles that were involved in the accident.

Step 1: Filing The Petition
Step 2: Discovery
Step 3: Mediation
Step 4: Proceed to Trial

Case Studies

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Client 4 – Criminal Defense:
“Thank you very much for all your help over the past 4 ½ years. Without your fighting for me, I would have got nowhere!!! There is no doubt we will recommend you to any of our friends who happen to need a good lawyer. Thanks Again.”

Client 3- Slip and Fall Injury Case:
“I wanted to take the time to write and thank you for the wonderful job you and your staff did for me.

As you know, a mutual friend recommended you, but sometimes that isn’t always a good thing. But, I could not have been more pleased.

You showed that you cared about me not just the case, which was my first impression that meant a lot.

Every time I called either your secretary knew the answer or she got with you and called me back with the answer. Not once did my questions go without a call back either from you or her, and I greatly appreciated that. Everything was done in a timely manner. I knew going into this my case wasn’t easy, but you came through. Thank you.

You are one attorney I know I will recommend with complete confidence that you will measure up to expectations because you did mine.”

Client 2 – Auto Accident Personal Injury:
“This is the first time I ever needed a lawyer for anything and am very grateful a friend recommended Mr. Slonaker to me. He and his staff are very professional, compassionate and were always available at any time to answer all questions or address any concerns. Often, Mr. Slonaker answered his office phone personally. All aspects of my case were clearly explained and I always knew the steps he was taking to present my case. We settled through mediation and were pleased with the outcome and happy to avoid a trial. I would not hesitate to recommend Mr. Slonaker, and would definitely contact him again should I need legal representation or advice.”

Client 1 – Car Accident – Personal Injury:
The following notes and cards were recently received by clients I have been able to help. The notes are set forth as they were originally received without any additions or deletions.

Client Testimonials and Thank Yous:
My client was riding a motorcycle and pulled out onto the roadway from a tavern and was hit broadside by a car. As a result of the accident, my client’s lower leg had to be amputated.

I was able to determine that the car had $100,000 of liability insurance available and was able to obtain a settlement for my client of that amount.

The reason for the settlement was the fact that while most of the fault was on the part of my client, I was able to prove that the car was traveling above the posted speed limit and that the speed was evidence of a small amount of comparative fault or negligence on the car driver’s part.

This case is an example of the fact that an injured person can be mainly at fault in an accident and still recover a settlement for personal injuries.

Client 12 – Motorcycle accident – leg amputation:
My client was riding as a passenger in a car being driven by her daughter in Jacksonville, Fl. While stopped at an off-ramp from I-95, my client’s car was rear ended and totaled. My client incurred neck injuries, and it was recommended that she undergo surgery but she did not want to have the operation.

Due to the low offer first made by the insurance company, my client decided that she wanted me to sue the other driver.

A short time after the law suit was filed, a mediation was conducted and the case settled for $85,000, which was $50,000 more than the insurance company had offered prior to the lawsuit being filled.

Client 11 – Jacksonville car accident settles for $82,500 after lawsuit is filed:
My client’s truck was rear-ended while he was sitting at a red light on SR 200, west of Ocala, Fl. As a result of the crash, our client was unable to work as a gardener for a period of time and was diagnosed with having injured his neck and back.

On my client’s behalf I argued that my client had preexisting arthritis problems in his neck, which were severely aggravated by the accident. The insurance company argued that the accident only caused my client some sprains and strains which were minor in nature.

While I suggested that a lawsuit be filed, my client wished to return to his home in Puerto Rico and directed us to accept the insurance companies offer of $35,000 to settle his case.

Client 10 – Whiplash case settled for $35,000
My client was injured in a car accident where the other driver was clearly at fault and in which both cars were totaled. In the accident, my client’s primary injury was a fractured great toe. Unfortunately, the fractured toe did not heal properly and caused medical complications regarding a birth defect involving bone growth.

Our client decided to accept the settlement amount of $35,000 to settle his case quickly; although, I recommended that he file suit. As always, the decision when to settle a case and for how much is that of the client.

Client 9 – Car accident settles for $35,000 due to broken toe causing aggravation of preexisting congenital problems:
My client was in a car accident in which there was very little property damage done to her car. The client had an extensive history of preexisting problems to multiple parts of her body due to a prior car crash and a prior work-related accident.

I was able to establish that her prior injuries were aggravated in the car accident.

I was able to obtain $10,000 under her PIP auto insurance to help pay her medical bills. I settled her accident case for a combined amount of $17,819.52, which included payments by both the insurance company for the other driver as well as a payment under her own Underinsured Motorist benefits of her car insurance policy.

Client 8 – $17,819.52 settlement – low impact accident:
While my practice is now almost exclusively representing those injured in accidents, I have a few defense cases. One such case went to trial in April and is considered a “win,” even though the jury awarded the Plaintiff a money judgment.

My client had offered the person “claiming” to be injured $7,500 to settle her case before trial, and she refused to accept that amount and demanded $25,000.00.

After a two-day trial and various motions filed after the trial, the Plaintiff was only awarded $3,300.00 for her net verdict amount. As the jury verdict amount was less then the pre-trial offer to settle, this case is considered “a win”.

Client 7 – Auto Accident Trial:
We represented this client in regard to a “hit and run” automobile accident. Our client was walking on the shoulder alongside a major roadway. A “hit and run” car struck the client and caused serious injuries to him, primarily to his knee and leg.

The “hit and run” car was never found.

We were able to have $10,000 of his hospital and treating doctors’ medical bills paid under his household car insurance policy. We then made a demand to settle his “Uninsured/Underinsured” personal injury claim for the available policy limits of $50,000.00.

The insurance company offered the policy limits within 30 days of our demand for settlement.

Client 6 – Pedestrian “Hit and Run” settled for $50,000 Uninsured Motorist Coverage Insurance:
Our client was in a car owned by her daughter and being driven by her grandson, who was taking her to her job where she worked as a CNA providing care to an elderly person. As her grandson drove north on Pine Avenue in Ocala, FL, another car made a left-hand turn in front of their car, causing a severe accident in which both cars were totaled.

Our client was first taken to a local hospital and from there was transported to Shands Hospital with severe leg and knee injuries. Our client underwent orthopedic surgery to her knee and fractures and was admitted to the hospital for further care. After she was released from the hospital she remained under the care and treatment of her orthopedic surgeon.

We were able to have the daughter’s car insurance policy pay $10,000 in PIP benefits toward her medical bills. We were then able to have Shands Hospital, which had asserted a lien for the client’s hospital treatment against any injury settlement she received, reduce that lien by 25 percent, thereby putting more settlement money in our client’s pocket.

The other car only had $100,000 in Bodily Injury Insurance Coverage and the driver was judgment proof. We demanded and the insurance company paid the full $100,000.00 to our client.

As the client was a senior citizen we also reduced our fee considerably which allowed more net settlement proceeds to be paid to her.

Client 5 – Ocala T-Bone car accident settled for $100,000.00: (Senior Citizen Discount given)
Our client was riding as a passenger in a family mini-van being driven by her husband, along with their two very young boys who were in the back seat. The clients were driving on Marricamp Road towards Ocala from the Silver Springs Shores area in a 55 mph zone when an elderly woman driver going the other way made an abrupt left turn in front of the client’s vehicle, causing a “T-Bone” crash.

Our client’s mini-van was totaled from the impact, and our client and her two sons were rushed to the hospital by ambulance where they were treated and released.

In the accident, the mother received a serious knee injury. A few weeks after the accident, the injured knee gave way; she fell and hurt her arm and shoulder.

We successfully argued with the insurance company that all of the injuries, including the arm and shoulder, were due to the negligence and fault of its insured driver.

Ultimately the insurance company agreed and paid the mother the available policy limits of $100,000.00. We then settled one of the boy’s claims, who fortunately was not injured that severely, for $4,500.00. The remaining son is still under active treatment for the injuries he incurred.

Client 4 – Mother and Son Car Accident – $104,500 settlement:
Our client was riding his motorcycle behind another motorcycle when a saddle bag on the lead motorcycle fell off and into the path of our client’s motorcycle. Our client attempted to swerve his motorcycle and in doing so put his foot down on the pavement causing a wrenching type injury to his ACL in the knee.

We were able to prove that the saddle bag on the first motorcycle had been removed the day before the accident by a repair shop and that the owner had prior problems with the bag coming lose as a result of dropping the motorcycle in the past.

On behalf of our client, we made a claim against the first motorcycle rider’s insurance company and the repair shop’s insurance company and were able to settle our client’s case for the combined sum of $150,000.00.

I then discounted my fee from 33 1/3% to 25% (plus costs) for this client, as he had just retired from the military, as a thank you to him for the service to our country.

I offer the same discounts to former and current military service persons and their families, as well as to senior citizens. Please call for details and conditions.

Client 3 – Motorcycle Accident – Injured Knee $150,000 Settlement (Military discount given)
Our client incurred serious injuries to her low back and tailbone area due to a “slip and fall” accident at the defendant’s business, a local restaurant. Our client had gone to the restaurant for lunch with a friend and while walking down a hallway toward the restrooms, our client slipped and fell on her buttocks due to a large accumulation of water on a tile floor coupled with inadequate lighting in the hallway.

The restaurant manager agreed to pay our client’s emergency room bills, but when she returned with the bills two weeks later, she found the business had closed.

I was able to find out which insurance company insured the business and contacted them in an effort to settle our client’s injury claim. The insurance company initially offered $10,000 to settle.

I then filed suit on behalf of our client and after that was able to settle with them on the client’s behalf for $225,000.

Client 2 – Slip and Fall – Settlement for $225,000 after a lawsuit was filed:
Our client was an “over-the-road” truck driver who was involved in an accident in Flagstaff, AZ in May 2011. Our client’s rig was rear-ended by another tractor trailer on a wet interstate highway.

My client called me soon after the accident and I directed him to go to a hospital emergency room. When my client returned to Ocala, FL we assisted him in getting the necessary medical care he required. Eventually, our client had to have both neck and back surgery and incurred medical bills over $230,000 and had been unable to work since his accident.

I first filed a lawsuit against his health and disability insurance company, which refused to pay his medical bills, and was able to get them to pay his temporary total disability benefits while that lawsuit proceeds in court.

I was able to find out that the truck causing the accident had insurance coverage of $1,000,000.00 for this accident. After prolonged negotiations with that insurance company I convinced them to pay the full amount of that policy and recovered $998,400 for our clients injuries, with $1,600 being paid for the property damage to the truck being driven by our client.

The total time between this accident and settlement of the case was less then 16 months.

Client 1 – Tractor Trailer Truck Accident in Arizona – Settled for $1 million dollars without trial:

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