Auto Accidents

According to 2003 data, the Florida Department of Transportation reports that on average over 700 traffic accidents occur every day throughout Florida with over 3,000 auto accident deaths each year. In addition to the obvious injuries from a crash, one of our auto accident lawyers can represent your personal injury claim for compensation of damages from automobile-related accident cases such as defective airbags, seatbelts or brakes. We have successfully presented auto accident claims for improper repairs, lack of crash worthiness, improper vehicle loads, defective tires and numerous maintenance issues that may have caused a crash.

Among the most common types of accidental injury claims today are auto accidents, truck accidents, boating accidents, workers compensation accidents or accidental injury from a defective product or someone's unreasonable acts. If you have a case and choose to seek compensation for damages caused by someone's negligent actions, an auto accident lawyer can assist with the preparation of your personal injury or wrongful death claim

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Injuries

Rear-end collisions are some of the most common types of car accidents on the roads today.  These types of accidents occur when the front end of an automobile hits the back of the car in front of it.  Although many of these collisions happen at relatively low speeds, the impact can still cause serious bodily injury to the occupants. Our attorneys know that not all rear-end collisions occur at low speeds. Colette Heck has represented victims of high speed, highway rear-end collisions where the injuries were truly catastrophic in nature.

There are many reasons that rear-end crashes occur. The most common cause is driver inattentiveness or distraction whether due to reading text messages, talking on a cell phone, conversation/ argument with a passenger, checking e-mail, use of navigation system or radio. Tailgating and racing can also result in a rear-end collision among other negligent acts or omissions.

Injuries most commonly associated with low-speed rear-end collisions include damage to the soft tissues of the body such as sprains or strains to the muscles supporting the spinal cord, injuries to the inter-vertebral discs (Herniated disc or HNP), spinal cord injuries and closed head injuries, which can result in a traumatic brain injury (TBI) / brain damage and permanent disability. When the accident is the result of a high speed impact to the rear, the injuries are often very serious and even fatal. They can include spinal cord injury, traumatic brain injury, burn injury, fractures, amputation, nerve damage, herniated disc and even death.

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Florida law

Florida law imposes a duty to stop at the scene of an accident and exchange information with the other driver.  If a party appears to be injured, the law imposes an additional duty to render reasonable aid and call for emergency help if necessary.  When a driver leaves the scene without stopping and providing information, and the accident resulted in personal injury or death to another person, the driver has committed a third degree felony, punishable by significant jail time and fines.

Because many hit and run drivers flee the scene for fear of being caught driving under the influence of drugs or alcohol, criminal proceedings often accompany a civil law suit. The injuries suffered by victims of these accidents are often severe, life-altering and even fatal.

However, even hit and run victims may be able to seek compensation for injuries, pain and suffering, medical bills and lost wages.  Accident victims with uninsured motorist coverage may be able to make a claim under their own insurance policy.  If the hit and run driver was driving a work vehicle at the time of the accident or was on a work errand, an accident victim may seek compensation for injuries by filing a law suit against the employer or owner of the vehicle.  Victims of a Florida hit and run accident who have suffered personal injuries or family members of those killed in a hit and run accident may also be able to bring criminal charges against the driver, if the person can be located by police.

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Drunk or intoxicated drivers have slower response times

It is incredibly frustrating for victims and their family members to know that Florida drunk driving crashes are preventable.  For example, the driver could have asked a friend to drive, taken a taxi or public transportation, spent the night at a hotel or at the home of a friend.  Drunk drivers choose to drive drunk and are therefore negligent when they get behind the wheel.  Drunk drivers also break the law when they operate a motor vehicle with a blood alcohol concentration of .08 or higher.

The injuries resulting from drunk driving accidents can be catastrophic and are often fatal. Colette Heck is a car accident lawyer have successfully litigated catastrophic injury and wrongful death cases throughout Florida and have the experience necessary to maximize the amount of compensation our clients receive.

Drunk or intoxicated drivers have slower response times, fall asleep more easily while driving and often lose control of their vehicles, weaving between lanes and crossing into oncoming traffic.  Too often they drive their vehicle off the roadway and strike pedestrians on adjacent sidewalks or bike paths. Drunk driving accidents also tend to occur at night when visibility is low and involve high speeds, so that victims may not be able to see the drunk driver coming, or have little time to react.

Victims of drunk-driving accidents and their family members may be able to file a personal injury or wrongful death lawsuit against the drunk driver and sometimes others in order to receive compensation for their injuries.  They can recover compensation for medical expenses, lost wages, pain and suffering, disability or for the emotional and financial loss suffered when an accident results in the death of a family member.  In certain situations, punitive damages may also be recovered.

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Motor Vehicle Accident

Daytona drivers who are involved in a car accident face a high probability that, in addition to dealing with the emotional and physical trauma of the accident, they may have to fight with their insurance company to receive the benefits for which they have been paying premiums. Colette Heck, an auto accident lawyer, represents car accident victims in UM/UIM claims in the state of Florida. A UM/UIM claim is essentially a claim for breach of contract against the insurance company that issued the policy. After all, an insurance policy is merely a contract to provide insurance coverage for a given risk. When insurers refuse to pay legitimate claims, they breach the insurance contract and a lawsuit is usually necessary to recover the insurance benefits.

Florida is what is called a "no-fault state." Under Florida's no-fault law, drivers are only required to have a minimum of $10,000 of Personal Injury Protection (PIP) insurance coverage and a minimum of $10,000 of Property Damage Liability insurance coverage. As a result, even if a negligent driver has the minimum insurance coverage required by law, there may still be insufficient coverage to fully compensate accident victims for their injuries.

If you or someone you know have been involved in a motor vehicle accident with an uninsured or under-insured driver, you may still be able to obtain compensation for your injuries if you or a resident relative have uninsured motorist insurance coverage on your automobile insurance policy. Uninsured motorist coverage is an optional coverage in Florida that allows accident victims to make a claim under their own insurance policy for compensation for injuries caused by a negligent uninsured or under-insured driver up to the limit stated in the policy. Compensation may be recovered for medical expenses, lost earnings, pain and suffering, disability and for the wrongful death of a family member. In the case of an under-insured driver, the victim's UM/UIM policy may cover the balance of the value of his/her injuries not covered by the under-insured driver's policy. For example, if a negligent driver has only $10,000 of liability insurance coverage and the injured victim suffered injuries valued at $1 million, the victim's insurance company may be responsible for paying the balance up to the policy limits. It is not always clear to the injured victim what his/her policy limits are since UM/UIM coverage can be "stacking" or "non-staking" and can have a single limit or one limit per person and another per accident limit. It is important to have a qualified car accident attorney who understands the intricacies of the laws governing this type of claim.

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Colette Heck is an auto accident lawyer

No car collision or accident is a good thing, but head-on collisions are very violent. Head-on collisions occur when the front end of one car collides with the front end of another car while the two vehicles are traveling in opposite directions. These types of car accidents are especially dangerous because head-on collisions generate a massive amount of force on impact.  Some of this force may be absorbed by the front bumpers of the cars involved, if an oncoming vehicle is traveling at a high rate of speed, or if the road is not well-lit, the other driver may have little time to react and steer out of harm’s way, essentially driving into the path of the accident.

Colette Heck is an auto accident lawyer and has found that the most common cause of head-on collisions is driver distraction. Drivers may be distracted by many things including texting or talking on a cell phone.  Teenage drivers are often distracted by other teens in the car. Examples of head-on collisions include a driver who negligently crosses the median into oncoming traffic, a driver who fails to read the “wrong way” sign on a highway entrance ramp, a driver who drifts into oncoming traffic when negotiating a curve, or a driver who is under the influence.

Despite the use of airbags and seat belts, most head-on collisions still result in catastrophic injuries including brain damage, spinal cord injuries, paralysis, fractures and death.

Victims of head-on collisions may file a personal injury or wrongful death lawsuit in order to obtain compensation for their injuries. Compensation may be recovered for past and future medical bills, lost wages, pain and suffering, and other damages as provided by Florida law.

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Airbags are very important

It is a dangerous myth that today’s modern cars with functioning airbags have eliminated the need to wear seatbelts. Airbags are specifically designed to be used in accordance with a belted occupant. In fact, an airbag can become dangerous if it goes off against an unrestrained occupant. Additionally, airbags offer little to no help to those involved in rear-end, side or rollover crashes. Colette Heck will battle on behalf of the injured. Often the greatest challenge in litigating car and truck cases in Florida is not always who caused the accident, but rather if the injured qualifies for any recovery under Florida’s motor vehicle law.

It can be a critical mistake to think people do not need to wear a seatbelt if they are just driving around the corner. Studies have proven that a person has a 400% greater chance of surviving an accident if they are properly seat belted. Florida Statute S316.614 details the rules regarding the use of safety belts. Florida law requires that anyone driving a car, pickup truck, truck or van on a Florida road must wear a seatbelt. This law applies to front seat passengers too. Failure to wear a seatbelt is considered a non-moving violation and is punishable by a $30.00 fine plus $6.00 in court costs. If the driver is under 18 years of age, each passenger must wear a seatbelt as long as the car, truck, pickup truck or van is moving.

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It is important to educate our clients!

Colette Heck feels it is important to educate her clients in obtaining adequate insurance coverage if they are involved in another accident. In Florida, for example, the law does not mandate bodily injury coverage. Therefore, many people injured by Florida drivers are never compensated for their loss because of inadequate insurance coverage.

Florida’s Statute S627.737 requires that in order to obtain any compensation for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of either the ownership, maintenance, operation, or use of a motor vehicle the injury or disease must result in a significant and permanent loss of an important bodily function, or a permanent injury within a reasonable degree of medical probability or a significant and permanent scarring or disfigurement or death. The few minutes after a car crash can literally make the difference between winning or losing your case, even when the accident is not your fault.

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Dui? Call Us Today

Not all alcohol-related car accidents involve a driver who is legally drunk. Alcohol has a measurable impact on a driver's reflexes and decision-making at levels below .08 blood alcohol content (BAC). We have extensive experience in car accident cases. We know how to investigate an accident and prepare your case to demonstrate why you are entitled to full compensation. We have an excellent record of verdicts and settlements for victims of all types of motor vehicle accidents, including those where alcohol was a factor.

There are many ways to show that the driver who caused your accident was behaving negligently. A driver who is speeding or checking a cellphone is driving negligently. A driver who is impaired by alcohol is driving negligently. If the driver who caused your accident is convicted of DUI/DWI, that is certainly evidence of negligent driving. With or without a criminal conviction, Colette Heck can help you present the strongest possible case to get you the compensation you deserve.

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Our car accident attorneys can help.

Serious car accidents may involve head trauma, spinal cord injuries, amputations and long-term disability. Most insurance companies, committed to profit for their shareholders, employ a number of tactics to reduce or minimize claim settlements and payments. As a result, many car accident injury victims have little choice but to go to court to recover compensation proportional to the actual cost of their injuries.

I-95 and I-4 are home to some of the most challenging driving conditions in the United States. Many of the car and truck accidents in this area occur on our highways. High speeds combined with heavy use make Miami highways prime real estate for serious motor vehicle incidents. If you have been hurt in an accident on Florida highways, our car accident attorneys can help you.

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injured drivers and passengers

Colette Heck has successfully represented injured drivers and passengers in every imaginable car and automobile accident scenario. From head on collisions, rear end collisions, motorcycle crashes, drunk driving accidents, hit and runs, pedestrian accidents, bicycle accidents, even uninsured and under-insured motor vehicle accident claims. Our firm also handles complex car accident cases involving insurance coverage disputes and product liability claims such as defective design and automobile manufacturing defects.

Accidents can cause a wide range of complex injuries and medical conditions. Common injuries include fractures, broken bones, and other serious injuries to the cervical, lumbar, or thoracic spine surgical repair. Some of the most common injuries occur to the neck and back. In medical terminology, the location of neck and back injuries are referred to as the cervical, lumbar, and thoracic spine.

Sometimes injuries are serious enough and may require surgical repair. High speed collisions, accidents with pedestrians, motorcycle accidents, and drunk driving accident cases often result in severe or even catastrophic injuries such as a traumatic brain injury, closed head injury, spinal cord injury, paralysis, and in some cases  wrongful death. Over the years, Colette Heck Law has seen many unfortunate injury cases, but has also been able to help client's get justice too.

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Colette Heck Law

Being involved in a serious car accident can be among the most trying times in a person’s life. Some will be left dealing with medical bills and lost wages. Others will face months or years of rehabilitation, disability, long-term care and pain and suffering.

At Colette Heck Law, we will work with investigators and other professionals to determine the causes of your accident and who is responsible. We will then assemble the team best able to fight for the maximum compensation your case deserves under the law.

If you are dealing with the aftermath of a car accident, your choice of law firms can have a dramatic impact on the outcome of your case and the long-term financial well-being of you and your family. Colette Heck has been a member of the Florida bar since 1998 and has earned the reputation of being a trusted attorney.

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Florida is a No-Fault State

When a Florida resident gets into a car accident, several state laws affect the insurance claims and lawsuits that might result. Let's examine a few of those laws, including Florida's status as a no-fault state, how long drivers have to file court cases after a crash, and how Florida's "pure" comparative fault rule might affect the case.

Florida is a No-Fault State
The most important thing to note about Florida law if you've been in a car accident is that Florida is a no-fault car insurance state. That means, if you've been injured in a car accident in Florida, you'll need to first turn to your own car insurance coverage to get compensation for your injuries and other losses stemming from the accident, regardless of who was at fault for the accident.

Only in certain cases can you step outside the no-fault system and try to hold the other driver liable for your injuries -- meaning you can file a liability claim with the other driver's insurer or file a personal injury lawsuit against him or her. In Florida, only car accidents that result in permanent injury, or significant and permanent scarring or disfigurement, will take a claim outside of the no-fault system.

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Deadlines for Filing an Injury Lawsuit in Florida

Deadlines for Filing an Injury Lawsuit in Florida

Like every other state, Florida has a statute on the books that sets a deadline for the amount of time you have to file a lawsuit in civil court against the person or business that might be legally at fault for your injury. This law is called a statute of limitations.

Under Florida's statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida's civil courts (this law can be found in Florida Statutes Annotated section 95.11). If you don't file your case within this time window, the court will very likely refuse to hear it at all. In rare cases, you may not “discover” that you actually suffered harm for some amount of time after the incident that caused the injury, and in those instances the lawsuit-filing window will be extended.

For injury claims against a city, county or state government, the time limit is three years.

If you're filing an insurance claim or lawsuit over an accident or injury, you'll need to be familiar with laws in your state that might affect your case.

Contact Colette Heck Law today.

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Call us if injured in anyway

If you’re the victim of a car accident, you need to take immediate steps to make sure you can be compensated for any physical injuries. Even if you think you haven’t been injured, take these steps. Serious injuries can show up days or even weeks later. If you can’t act immediately, call a friend or family member to take these steps for you or ask for help from someone at the scene.

--Call 911--

Immediately report the accident. Let the 911 dispatcher know if anyone has been hurt.

When the police arrive, be completely honest and cooperative. Remember that what you tell the police about your injuries will be recorded and can be used as evidence when you file an insurance claim or a lawsuit. If you are hurt, get this information into the police report. Do not discuss the accident or “fault” for the accident with anyone other than the police.

--Record the Scene--

Use your cell phone to take pictures of the accident scene from all angles. Take pictures of the inside of the vehicle you were in. Photograph your injuries. Get the contact information, insurance, license plate and drivers’ license information of anyone else involved in the accident. Get the names and contact information of any witnesses. Make note of weather conditions, construction activity or any other contributing factors.

Record your version of exactly what happened, in the order it happened. If you are not able, ask someone else to do these things.

--Seek Medical Attention--

Even if you think that your injuries are not serious, immediately seek medical attention. Closed-head injuries, for example, rarely show up at once. Do this because EMT, emergency room and doctor’s records will be required by insurance companies and needed in lawsuits. It is important to be completely honest. Disclose any previous injuries that might be seen as contributing to your current injuries. Be sure to follow up on any discharge advice you are given. Failure to do so can jeopardize your case. Save all receipts and bills.

--Notify Your Insurance Company--

Contact your insurer as soon as possible. Often, insurers have notification deadlines. If you fail to meet these deadlines, you might not be compensated. Cooperate with the adjuster. You may be compensated for your medical expenses, future medical expenses, pain and suffering, mental anguish, lost wages, loss of earning capacity and loss of consortium. An insurance carrier will first look to the types and amounts of damages suffered, and then to fault or percentage of fault.

--Don’t Sign Anything Yet--

In the hours, days and weeks following an auto accident, insurance companies – both your own and others – often try to “settle” for a specific amount of money if you agree to give up your rights to make a claim or sue in the future. The money can be tempting, but it is much better to wait and see what the actual extent and cost of your injuries will be.

--Call a Personal Injury Lawyer--

The laws on personal injuries caused by auto accidents can be complicated. You need to call a reliable and trusted Daytona Beach auto injury attorney. Contact Colette Heck Law today.

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Colette Heck - An Attorney You Can Trust

If someone in a motor vehicle or a commercial truck has hurt you, an experienced and passionate advocate can make all the difference. For your Daytona Beach Area auto accident attorney at the Law Offices of Colette Heck, it's personal: She cares about you and your family.  Our whole office staff cares about you and Colette Heck will fight for you. Call us today at 386-253-3033 to set up a free consultation. We represent victims of auto accidents throughout Central Florida, including Brevard County, Orange County, Volusia County, Seminole County, and Flagler County. Our office is in Daytona Beach, Florida.

These are just some of the areas that Colette Heck covers: Multi Vehicle Accidents, Side Impact Accidents, Rear Impact Collisions, Head On Collisions, High Speed Collisions, Low-Speed Collisions, and Vehicle Roll Over

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