Friday, February 26, 2016

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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Thursday, February 25, 2016

Florida is what is called a "no-fault state."

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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Wednesday, February 24, 2016

Rear-end collisions are the most common types of car accidents today.

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.

Tuesday, February 23, 2016

Florida law imposes a duty to stop at the scene of an accident.

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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Monday, February 22, 2016

Motorcycle accidents will often result in a very serious injury or death.

Motorcycle accidents will often result in a very serious injury or death, and it is therefore extremely important for those involved in a motorcycle accident to contact an experienced motorcycle injury attorney in order to properly recover costs for injuries, medical bills, distress, loss of wages, medical expenses, and other damages caused as a result of the motorcycle accident.

You should also make sure to do the following:
-Report the accident to local law enforcement and insist upon an accident crash report
-Seek immediate medical attention, even if you think you are not injured. Being involved in a motorcycle accident can result in severe shock, so any injuries may not be immediately apparent.
-Get the license number, personal and insurance details, and name of the other driver involved.
-Ask for the details and names of any witnesses present at the accident scene.
-Take pictures to document your injuries and damages as soon as possible.

Call Colette Heck Law today, your Daytona Beach Shores auto injury attorney.
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Friday, February 19, 2016

With or without a criminal conviction, Colette Heck can help you

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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Thursday, February 18, 2016

Colette Heck can help you get the compensation you are entitled to!

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 Daytona highways prime real estate for serious motor vehicle incidents. If you have been hurt in an accident on Florida highways, our DeLand car accident attorneys can help you.

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Wednesday, February 17, 2016

Colette Heck successfully represents injured drivers & passengers of collisions!

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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Tuesday, February 16, 2016

Motorcycle accidents are almost always serious!

Motorcycle accidents are almost always serious, especially when they involve high speeds, unyielding stationary objects or other moving vehicles. With no seatbelts to keep you from being thrown, no airbags to cushion the impact and no metal to protect you, a motorcycle accident can result in severe injuries or death.

Despite preventive actions and safety features (helmets), motorcycle accidents will and do occur. Serious bodily harm and even death are often the result of such tragic occurrences. The lack of a protective barrier between the driver and the road ultimately leaves motorcyclists in a very vulnerable position.

Common Causes of Motorcycle Accidents:

-Motorcycle-Car/Truck Collision: Sometimes car and truck drivers pull out in front of the biker at the last minute, cut off the motorcyclist, make a U-turn in front of the biker, or otherwise violate the motorcyclist’s right of way. The car/truck often does not see the biker due to blind spots, driving conditions (hard to detect at night or in poor weather), or they are distracted (texting, talking on cell phone).
-Sudden-Stop Collision: Rear-end collisions where the driver of the motor vehicle stops for some unknown reason and the motorcyclist crashes into the back of their vehicle.
-Open Door Accidents: Parked cars and vehicles that open the door directly into the biker’s path.
-Road Conditions: Debris on the road, trash thrown out the window, groves, gravel, or lose pavement can cause a bike to skid out from under the rider. Road construction and railroad crossings can also put bikers at risk.

Call Colette Heck Law today, your DeLand auto injury attorney.
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Monday, February 15, 2016

Contact Colette Heck Law today for your consultation!

Car accidents have a number of causes, most of which are related to negligence or wrongdoing. The primary cause of car accidents throughout Volusia County and DeLand is driver error or negligence. As an example, drunk driving accidents account for approximately one-third of all fatal traffic accidents throughout the U.S. each year, other car crash statistics are just as troubling. Additional forms of negligence may include: speeding, driving recklessly, or disobeying a traffic law, as well as simple errors such as failing to check one’s blind spot or not looking both ways before proceeding through an intersection. Less common causes of Daytona Beach Shores car accidents may include: automobile defects or malfunction, or poor road or weather conditions.

Depending on the cause of your serious car accident in DeLand, you may be able to hold another driver responsible, or perhaps an automobile or auto part manufacturer. In some cases, you may even be able to hold the local government responsible for poorly maintained or designed roads or intersections.

Find out more about what you can do in the wake of a car accident with the help of a skilled DeLand attorney at your side. Contact Colette Heck Law today for your consultation!

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Friday, February 12, 2016

You'll need to be familiar with the laws that might affect your case

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 the laws that might affect your case.

Contact Colette Heck Law today.

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Thursday, February 11, 2016

If you’re the victim of a car accident, you need to take immediate steps

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 Shores auto injury attorney. Contact Colette Heck Law today.

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Wednesday, February 10, 2016

Colette Heck cares about you and your family!

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 Holly Hill 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

Tuesday, February 9, 2016

If you or a loved one has been injured, you may have a right to compensation.

People talk about accidents occurring in slow motion, but the immediate aftermath of an auto accident is likely to be a blur. Following that, as you deal with the other driver, police, possibly emergency medical personnel, and then the insurance company, it is a time of pain and stress. If a death has occurred, the pain and stress of survivors increases immeasurably.

Being in a collision or another type of car accident is a common occurrence, but it is usually a unique experience for those involved. Shock, stress, confusion and even anger can cloud an accident victim’s judgment about what to do or say. This is why it is appropriate and necessary to obtain legal help as soon as possible from an experienced DeLand automobile accident attorney.

If you or a loved one has been injured, or you have lost a loved one in a motor vehicle accident in DeLand, Florida, you may have a right to compensation for your losses and injuries. Colette Heck will stand up for those rights in negotiations with insurance companies and, when necessary, in a court of law.

Call Colette Heck Law today! Proudly serving DeLand and all of Central Florida.

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Monday, February 8, 2016

If you have been in a auto accident and need a lawyer call Colette Heck today!

Daytona Beach Shores motor vehicle accidents cause the loss of time, property, health and even life. Such accidents occur because of elements including driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result, a crash can turn a normal day into a prolonged struggle. Speaking with a Daytona Beach Shores personal injury lawyer can help you sort out your rights, your options and your future.

When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted when and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of an attorney can be immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries or defending yourself in court.

Sometimes the at-fault driver is more than merely negligent; he or she may have acted recklessly or even intentionally. A reckless driver acts with conscious disregard for the probable consequences of his or her actions. Road rage incidents often involve reckless behavior, and they can escalate into intentional behavior. Road rage in particular can be extremely dangerous, leading to injuries and criminal charges. Generally, aggressive drivers are a serious threat to safety. Speeding and taking other risks contributes significantly to highway and other driving fatalities.

Call Colette Heck Law today!

Friday, February 5, 2016

Tractor trailer and commercial vehicle accidents are known to be caused by a variety of factors

While common sense dictates that a properly trained and licensed driver of large trucks will improve performance and reduce auto accidents, this isn't always the case.

In fact, a Federal Highway Administration study in 1996 concluded that the trucking sector is not providing adequate training for new drivers of large rigs, while currently, drivers with a CDL license are not required to have on-the-road experience.

Tractor trailer and commercial vehicle accidents are known to be caused by a variety of factors, with most serious accidents generally being attributed to five main contributing factors.

These include:

-Drunk driving
-Vehicle safety
-Driver skill level
-Load shift / incorrect cargo stowage
-Driver fatigue
-Speeding
-Overloaded trailers
-Oversize cargo

These all contribute significantly to the chances of serious truck accident occurring.

Knowing what to do and who to contact after being involved in a serious truck accident can be very confusing for many accident victims.

If you have been injured in an accident involving a tractor trailer, it's important to contact an experienced law firm to help explain your legal options and relieve the burden of pursuing an injury compensation claim. Contact Colette Heck Law today!

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Thursday, February 4, 2016

It’s always unfortunate to be involved in a rear-end collision.

It’s always unfortunate to be involved in a rear-end collision. Whether you’re the victim of the accident or the driver being held responsible, you’re likely to be faced with at least some stressful bills, paperwork, pain, suffering, and/or emotional distress. Regardless of the outcome, often times, most of them are undesirable. Fortunately, Florida has a pretty good grasp on who should be held accountable for rear-end car accidents which makes recovery for undeserving victims much less of a hassle. Did you know that in virtually every standard rear-end car accident case the driver in the back is liable for the damages caused?

For the most part, there’s not much good that can come out of a rear-end collision in Daytona Beach Shores. Generally, the most positive aspect of any automobile accident is getting out of it with minor injuries or better yet completely unharmed, but in the end, there’s always property damage and medical bills to deal with. For the liable party, there’s the added cost of possible traffic tickets and even steeper penalties if their insurance policy isn’t enough to cover the damages they’ve caused. But my sympathy goes to the innocent drivers who follow the rules of the road down to a tee and are then struck by a careless driver and are left with painful and permanent injuries, outstanding medical bills, a totaled car, and severe emotional distress. Unfortunately, a good handful of these accidents even take the lives of these victims.

It’s almost always the driver in the rear of a rear-end collision who is responsible for the accident. However, if you have any doubt or questions regarding how to go about tackling your personal injury case, it would be greatly beneficial to have a Daytona Beach Shores auto injury attorney on your side that deals with these cases on a constant basis.

Contact Colette Heck Law today if you have been involved in a rear-end collision.

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Wednesday, February 3, 2016

Drunk driving is a third degree felony!

Drunk drivers willfully and needlessly endanger the life of others. According to the Florida Department of Motor Vehicles, 33,625 people were convicted of driving under the influence last year alone. When someone decides to drive drunk innocent drivers and passengers are in immediate danger. These cases are more difficult than many people realize. It is not about just reckless driving. It's also about tracing the beverage or substance trail back to the source to make those who foster, encourage, or enable drunk or drug impaired drivers.

Drunk driving is a third degree felony under Florida Statutes and is punishable in by incarceration. Under Florida law, drivers with a blood alcohol level of .08 or higher are above the legal limit. Furthermore, drunk drivers that cause accidents and serious injuries such as a traumatic brain or closed head injury can also be subject additional civil liability for punitive damages under Florida Statutes 768.762.

Damages in a drunk driving case include amounts for past and future medical bills, loss of earnings, loss of a loved one, pain and suffering, permanent disability and punitive damages. This is because drunk driving is reckless disregard for the life and safety of others. Drunk driving cases can also include claims not just against the drunk driver but may include legal liability from other third parties such as establishments where the alcohol was served. Florida's vendor responsibility act requires alcohol establishments to teach their employees to serve alcohol responsibly to the public.

Proudly serving Deland and all of Central Florida.

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Tuesday, February 2, 2016

Have you been in A car accident?

Car accidents are the fifth leading cause of death in the United States. Rear end collisions are the most typical type of case that Colette Heck Law sees. Failing to yield the right of way, and turning in front of on-coming traffic are other accident cases that are commonly handled by Ms. Heck. Other car accident cases we handle are crashes involving drunk drivers, negligent drivers running a red light or stop signs, speeding, and cars entering intersections from private driveways. such as shopping centers, without looking before entering the street or highway.
Although there are countless reasons why motor vehicle accidents occur, the National Highway Traffic Safety Administration (NHTSA) indicates the number one factor contributing to car accidents in the nation is distracted or inattentive driving, which accounts for approximately 80% of all motor vehicle accidents.
Other factors that cause car accidents are driving under the influence of alcohol or drug related substances, violation of traffic laws such as speeding or not stopping at stop signs, fatigue or falling asleep at the wheel, and lack of maintenance to the vehicle. In other situations, car accidents result from external factors out of an individual’s control, such as poor weather conditions, improperly maintained roads and highways, or a defect on the vehicle from the manufacturer.
Our DeLand car accident attorney assists victims of car accidents in attempting to obtain compensation for their injuries. In order to best protect your rights, it is important that you contact an experienced personal injury lawyer immediately after your accident.