Bike’s, golf carts, boats, and other vehicle accidents
Car accidents are most common, however there are many types of vehicles which can be involved in accidents and it remains just as important to seek the counsel of an experienced personal injury attorney to guide you through the process of seeking compensation for your losses.
I was injured in a bicycle accident
Cycling is very popular in Florida, as are accidents involving bicycles. Being struck by a vehicle is the most common type of accident that occurs, and these can result in serious and sometimes fatal injuries because the cycler unlike the vehicle passengers is exposed with no real protection from the impact.
Many cyclists are unaware that similar to a car accident, they can claim damages under their auto insurance policy or under the vehicle driver’s. Because bikes are considered vehicles in Florida, if you have car insurance on your automobile, personal injury protection will provide coverage. You may also have a claim under the responsible driver’s auto insurance policy to recover damages. These claims are complex as they will likely include disputes over fault. With bicycles being considered vehicles, they are also required to follow the rules of the road. Vehicle drivers and their insurance companies often claim the cyclist failed to yield, was not in a bicycle lane, made a sudden maneuver, or made another error in order to reduce liability. It is important to seek the advice of an experienced personal injury attorney immediately to pursue your claims for compensation.
I was injured in a motorcycle accident
Motorcycle accidents often result in significant losses and overwhelming expenses to victims and their families. Motorcyclists face serious risks that are different from other vehicles on the road, being smaller than other vehicles and without crash protection, riders are vulnerable to serious injuries and fatalities. If you have been in a motorcycle accident, you need an experienced personal injury attorney to work on your claim. Insurance companies often offer victims unreasonably low settlements or deny legitimate claims. The attorneys of Oldham & Delcamp are used to dealing with insurance adjusters and will work to ensure you receive adequate compensation for your injuries.
Common injuries from motorcycle accidents include:
Many riders think that following a crash they can “shake it off” rather than seek medical attention. It is important to seek medical attention immediately after the incident to find out what kind of injuries you have, get treatment early, and learn what long term care is needed. In addition, Florida law mandates that if an accident victim does not seek medical treatment within fourteen days following the accident, they have forfeited their personal injury protection coverage. Claims on your own insurance policy can be limited if you fail to seek medical care quickly.
If you have been involved in a motorcycle accident, you may be entitled to compensation for past and future medical expenses, lost wages (and future lost income), pain and suffering, loss of enjoyment of life and other damages. Most of these claims can be handled on a contingency fee basis, even if your case proceeds to trial, so you would not pay unless a financial recovery is made on your behalf.
I was injured in an aviation accident
One of the most dangerous transportation accidents to be involved in is an aviation accident. These often result in serious injuries and fatalities, causing millions in property damage. If you or a loved one have been injured in a place accident, you should seek the counsel of an experienced personal injury attorney to manage the claim for your losses.
Aviation accidents are usually caused by pilot error, improper maintenance of the aircraft, defective aircrafts or parts. Sometimes a combination of facts contribute to the crash.
Although commercial airline travel is generally safe and accidents are rare, personal flights are usually more hazardous. Many recreational pilots fly infrequently and may not have the same skills as a commercial pilot who travels daily. More challenging is that small plane pilots who are involved in accidents are usually a family member or friend of the victim. Here, it is important to remember that commercial pilots error means making a claim against their employer while a recreational pilots error is usually a claim against their insurance company. Neither claim, in most cases, will result in seeking damages against the pilot personally.
If the accident you were in was caused by mechanical difficulties on the aircraft, you may have a products liability claim against the designer of the aircraft or the manufacturer of its parts. Some mechanical difficulties can be the result of maintenance issues. All owners of aircraft, including airline or charter companies, as well as pilots, have the responsibility before takeoff, to inspect the plane and ensure it is in flying condition. The failure to do so is negligence on their behalf.
Your lawyer will investigate to determine the actual cause of the accident you were involved in and determine who is liable. These investigations take time and resources to complete, some will lead to satisfactory settlements with the insurer and others may require proceeding to trial to recover.
Compensation may include: medical bills, lost wages, cost of property damage, pain and suffering, and loss of enjoyment of life. If you have lost a loved one in an aviation accident, you may be able to recover funeral expenses, loss of society, companionship, support, and consortium.
If you have been involved in an aviation accident, you need and experienced and dedicated lawyer to handle your claim. The attorneys of Oldham & Delcamp will work diligently to ensure you can receive the compensation to which you are entitled.
I was injured in a boating accident
Florida is a busy stay for recreational boating, which makes up a large share of the tourist industry. The large number of watercraft in use, mostly year-round, means the state also has a lot of boating accidents. Also, many Florida boaters are not licensed or trained in boating safety which means the crashes can be more severe. Specific laws apply to these accidents which make them different from other types, so it is essential to have an experienced accident attorney review your case.
Any accident which occurs on a public waterway falls under federal admiralty jurisdiction, so the cases sometimes must be brought in federal court where a separate set of standards procedures apply.
Common boating accidents:
Boats are not the only types of vehicles on water that can have accidents, jet skis too can cause substantial damage if not used properly and their operators can be subject to a negligence claim for those damages. Liability for a watercraft or boating accident rests with those who operate a boat negligently and may include someone in the boat who caused the accident. This liability can occur even without a collision, for example of a boater creates a wake that causes another vessel to capsize or be damaged.
A variety of injuries can be sustained by the victims in a boating accident due to the different types of accidents which may occur.
Commonly seen are:
In a boating accident, unlike a car accident, there may not be insurance coverage because liability insurance is not required for boats. If this coverage is not available, your only option might be to seek compensation from the negligent party directly, including the owner or rental company if you were on a charter. An experienced personal injury attorney will conduct research to find out who is liable and how to seek damages.
Compensation may include past and future medical expenses, lost wages and future lost earnings, pain and suffering, and property damage.
If you were injured in a boating accident, you should seek the counsel of an experienced personal injury attorney to evaluate your claim and seek compensation for your losses.
I was injured in an ATV accident
The use of all-terrain vehicles, quads, and four wheelers is common in Florida where there are many ideal locations for riding and favorable weather for outdoor activity. However, that also means injuries to the persons using them are common. ATV rollovers, collisions, and other accidents where victims are thrown from or crushed by the vehicle can lead to severe or fatal injuries.
Common injuries include head, neck and spinal cord injuries, traumatic brain injuries, fractured bones, paralysis, amputations, internal organ damage, and soft issue injuries. If you have suffered injuries following an ATV accident, you should seek the assistance of an experienced personal injury attorney to handle your claim.
ATV’s are inherently unstable due to their construction, they are often involved in accidents as a result of:
When an ATV accident occurs due to the negligence of another person or the manufacturer of the vehicle, that person or entity may be legally responsible for your medical bills, lost wages, and pain and suffering. If the ATV accident was caused by a defective vehicle, the manufacturer or seller may be liable. Property owners of a trail or off roading location can be responsible for poor terrain and hazardous conditions causing a crash like holes, inclines, and pits. Drivers can be liable to passengers for their injuries if they drive negligently. Owners of the ATV may be liable for allowing someone to operate a poorly maintained vehicle or allowing an inexperienced person to drive.
If the vehicle is covered under an insurance policy either on the vehicle itself, the driver, or the property where the accident occurred your attorney will make a claim under that policy. If not, your attorney will conduct research to find who is liable that can be pursued directly.
If you have been involved in an ATV accident, call us to discuss your claim. Dealing with insurance companies and determining who is liable are complex matters that require the expertise of an experienced accident attorney.
My child was injured in a school bus accident
Most people are glad to hear that school buses carrying children are common carriers which means they owe a heightened duty of care to protect their passengers. Bus drivers must drive and operate their vehicles with caution and follow rules and regulations enacted for the protection of the children. Liability applies when children are onboard but also where the driver has a duty to ensure the children’s safety such as during pick up and drop off.
The school entity, bus owner, and driver can be liable for a child’s injuries if they fail to
The claims process can be complex where it involves a claim against a government entity, as special rules apply. There may also be different methods of recovery depending on who was at fault.
The combination of a lack of safety precautions on buses and children’s susceptibility to certain injuries means seeking medical care immediately is essential. Common injuries include brain injuries, spinal cord injuries, whiplash, burns, bone fractures, lacerations, and soft tissue injuries. It may not be immediately apparent that your child has suffered an injury, as some of these are invisible or symptoms appear later. An evaluation from a medical provider is needed to determine if there are injuries and how to care for them. Some of the most severe injuries require lifetime care, which is a high cost for a young child.
The persons or entities liable for your child’s injuries are responsible for past and future medical expenses, lost wages (common with teenage victims), pain and suffering, and mental anguish.
I was injured in a golf cart accident
Golf carts are visible everywhere in Florida and used for a variety of purposes. Some are used on golf courses while others are used on school campuses, hospitals, airports, sports events, resorts and residential communities. With this increasingly being turned to as a mode of transportation, accidents are rising as well. Some drivers and passengers do not consider that golf carts are vehicles which can be involved in collisions just like cars, often more dangerous collisions due to the lack of safety devices. Golf carts are also largely unregulated which means users may be tempted to drive in excess of speed designs, fail to pay attention to traffic devices, or not carry insurance.
Many golf cart accidents in Florida involve children and the elderly, two vulnerable populations. Common causes of accidents include:
Even a minor accident in a golf cart due to the lack of safety devices may cause a passenger to be ejected or collide with an object. Such collisions can lead to fractures, concussions, lacerations, neck and back injuries. In worse accidents, traumatic brain injuries, paralysis and death may occur. Golf carts are not only dangerous to those driving them but also to cyclists and pedestrians on the road who can be involved in the incident.
The driver of a golf cart assumes a responsibility they will drive responsibly, as with the driver of any other vehicle. If the driver operates it in an unsafe manner, they can be liable for damages caused. Along with the driver, the clubs or the owner of a golf cart may be responsible for allowing a negligent driver to use the cart or for acts that occur on their property. In some cases, an investigation is necessary to find out how many parties may be liable for the accident.
If you or a loved one have been involved in a golf cart accident that resulted in an injury, you should seek the counsel of the experienced personal injury attorneys of Oldham & Delcamp to recover damages. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property damage.
I was injured in a recreational vehicle accident
Florida is a popular destination for recreational vehicles to be used. RV’s are similar to large commercial trucks, due to their size, weight, and difficulty stopping or steering, accidents with them can lead to serious injuries and death. Unlike commercial trucks, there are no special licensing requirements to drive or government verification that regulations are being met. Many RV’s are loaded with items beyond manufacturer recommendations for weight, travel long hours, are not inspected, may have distracted drivers or fail to adhere to cargo securement rules. All of these factors lead to a significant rate of RV accidents on Florida roadways.
Common incidents include:
When the driver of an RV is at fault in an accident, even if partially, you can seek damages for your losses. The experienced personal injury attorneys of Oldham & Delcamp are prepared to present your claim to the insurance company and before a jury to obtain satisfactory compensation for you.
I was injured in a public transportation accident
Public transportation is generally a safe and environmentally friendly method of travel. However, as with any other vehicle, accidents happen. If you were injured on a bus or train, you need an experienced personal injury attorney to handle the claim. The insurer of the transportation authority may deny your claim, offer you a low amount of damages, or you may have never contacted them because you walked away from the incident. An attorney can present your claim to the insurer and ensure you receive adequate compensation.
Depending on how the accident occurred, several persons and entities could be liable for the accident, including:
These cases can be complex. If the bus or train is owned and operated by the government, your claim will be handled with their insurance company. But if it is denied, you may then have to seek damages from the government itself. This is a specific process that is subject special rules on notifying the state and to caps on damages. If the bus or train is owned and operated by a private company, your claim will be with their insurance company and potentially that company itself.
Available compensation includes:
I was injured as a pedestrian
Florida is unfortunately one of the most dangerous states for pedestrians with thousands of injuries annually. Injuries can occur while walking, running, or jogging – many victims are not aware they are in danger until the vehicle strikes them. Some victims believe that because they walked away from the accident, they have no risk of future injury or cannot make a claim – both are incorrect. Even if you were partially at fault, you may still recover against the vehicle driver for their negligence.
All accidents involving a pedestrian are dangerous, the most commonly seen include distracted drivers who are ultimately liable for negligence. If a driver was using a phone, talking to passengers, eating and drinking, or otherwise not focused on the road, their chances of noticing a pedestrian are incredibly low. Alcohol or substance use only exaggerate the effects. Other pedestrian accidents occur due to insufficient traffic control devices and crosswalks, especially in urban areas, in which case the municipality or state may also be liable.
Most pedestrian accidents involve lower extremity injuries such as those to the feet, ankles, knees, and legs. Pelvic injuries are common, especially among the elderly. Upper extremity injuries are the next most common and often involve head or chest injuries if the vehicle was higher off the ground or the pedestrian was forced to the ground by the vehicle. These injuries can require a lifetime of medical treatment and cause permanent disabilities.
A personal injury attorney will handle your claim against the driver to help you recover damages for:
If you have been injured as a pedestrian, seek the counsel of an experienced personal injury attorney. The attorneys of Oldham & Delcamp are prepared to present your claim to the insurance company and before a jury to obtain satisfactory compensation for you.
About Oldham & Delcamp
We understand the physical, financial, and emotional toll a car accident places on your life. Our legal team treats all clients with the respect and compassion they deserve. We stay in communication with you throughout the process so you are never wondering about the status of your case.
When another driver chooses to text and drive, drink and drive or runs a red light, their impact on your life is disastrous. No one should pay out-of-pocket for medical expenses resulting from an accident that was no fault of your own.
Sadly, many auto accidents result in a fatality. If you’ve lost a loved one due to the negligence of another driver, you may be entitled to a wrongful death claim. While it doesn’t replace your loved one, it may protect your family’s financial future.
Call the office of Oldham and Delcamp Trial Attorneys today at 727-610-6758 to schedule a free consultation or visit us online. Oldham and Delcamp serve Pinellas, Hillsborough, Manatee, Citrus, Hernando Lake, and Marion Counties.
Don’t delay—the sooner we review your case, the sooner we can decide upon the best course of action for you. Time is of the essence due to the Florida statute of limitation for filing your case. Fight for the justice you deserve by contacting us as soon as possible. We can help as your slip and fall lawyer, DUI law and auto accident attorney as well as rear-end accidents attorney, trucking accidents attorney and premises liability lawyer. We can also help as your wrongful death attorney, assault and battery lawyer, and criminal theft attorney
Oldham & Delcamp is a member of the Attorney’s Real Estate Council of Broward County, is also currently on the Board of Directors of the Broward County Bar Association, and is the former chair of the Real Property section.
When your freedom is on the line, you need an attorney that is aggressive, responsive, and experienced. Oldham & Delcamp is committed to making sure that each of our clients receives the personalized attention of one of our attorneys.