Category Archives:Bicycle accident

CONTINGENT ATTORNEY'S FEES IN AUTO CRASH CASES

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Contingent Attorney’s Fees

Auto Accident Attorney Renee Dial

Auto Accident Attorney Renee Dial

By: Renee Dial

As an attorney that frequently deals with attorney fee structures I often find myself assuming that the client knows what I am talking about. I explain the fee structure to the client but the client may not understand exactly what I mean.

The Florida Bar allow attorneys, that represent clients in personal injury cases such as auto accident, motorcycle accidents, bicycle accidents, and slip and fall accidents, to charge 33 1/3% of what is recovered for the client.  There are some other percentages from the Florida Bar outlined below. READ MORE

What is Comparative Fault and How Does it Impact my Melbourne, Florida Auto Accident

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What is comparative fault and how does it impact my auto accident or motorcycle accident claim?

Palm Bay motorcycle accident attorney Renee Dial

Palm Bay motorcycle accident attorney Renee Dial

By: Renee Dial

States vary on their versions of fault, however, Florida is a pure comparative fault state.  What this means is that you and the other party can both be at fault for an accident and your percentage of fault reduces your recovery.

Florida statute 768.81

“(2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.

Click Here to Read More

Is it Your Fault for Rear Ending Someone in a Rear End Crash?

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Is it Your Fault for Rear Ending Someone in a Rear End Crash?

Auto Accident Attorney Renee Dial

Auto Accident Attorney Renee Dial

Is It Your Fault for Rear Ending Someone in a rear end crash?

By: Renee Dial

I have actually had clients with this same issue.  Most assume that when they rear end someone causing a rear end crash that the law states that it is their fault.  This is incorrect thinking and the car in front that caused the car accident may be responsible for your injuries so you should call a Melbourne and Palm Bay Florida car accident attorney at DKN Legal to help you fight the insurance company and in some cases the citation.

In auto accident cases drivers have a duty to use reasonable care and if they do not use reasonable care then they may be negligent even if they are the lead car in a rear end crash.  The Standard Jury Instruction for Negligence is below.

Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.” Read More

Was I injured in an Auto Collision?

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Personal Injury Attorney Renee Dial

Personal Injury Attorney Renee Dial

By: Renee Dial

Was I injured in a crash? I was watching the Tonight Show and Jimmy Fallon mentioned the collision between the beer truck and the Frito Lay truck.  A quick search of the internet and multiple websites and this collision was news gold! “Beer Truck Collides with Chip Truck, Making Frat Boy Dreams Come True”.  To place everyone at ease these reporters always mention that no one was injured.  My train of thought, as a personal injury attorney, is always what do they mean by “not injured.”

What do most people consider an injury “at the scene”? This is an easy question for me to answer but not so easy for many others.  It seems, that their definition is that you are not injured in a crash if you do not have broken bones extruding through the skin or that you were not incapacitated at the scene. Click Here to Read More.

What is Your Personal Injury Case Worth?

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No attorney can accurately tell you what your personal injury case is worth.  If they tell you how much your personal injury case is worth at the initial consultation beware.

Palm Bay personal injury attorney Renee Dial

Palm Bay personal injury attorney Renee Dial

By: Renee Dial

There are a lot of factors that affect the value of your claim.  At an initial consult we would typically discuss the process of evaluation and filing your personal injury claim.  One of the main factors we have to look at is whether there is coverage to compensate you for your injuries.

Coverage comes in all forms.  I explained coverage in one of my earlier discussions.  Click this link.  Coverage is important as most defendants do not have the money to pay out on a claim. The defendant may have a nice home and retirement accounts but most of those are untouchable under Florida law.  Read More

How Much Is Your Personal Injury and Pain Worth to You?

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Personal Injury Attorney Renee Dial

Personal Injury Attorney Renee Dial

Injury and McDonald’s coffee, the facts.

By: Renee Dial

All too often I end up having a conversation with someone that claims personal injury claimants and their attorneys are what’s wrong with our country.  I typically listen while they vent about slip and fall accidents and that all people claiming personal injury are exaggerating or lying about their personal injuries and pain and without fail we end up talking about the McDonald’s coffee case.

The McDonalds coffee case is one of those cases that a person that hates attorneys can really get behind, it has the ridiculousness of someone spilling coffee on themselves while driving and getting millions of dollars from suing because of hot coffee.  Read More

Why Was I Ticketed for Stopping on the White Line?

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Navy Veteran

Military Veteran and Personal Injury Attorney Renee Dial

I was ticketed for stopping on the white line!

By: Renee DialWhite line

Everyone sees the white line when they are stopping for a red light or stop sign and everyone has seen those cars that pull so far forward that they may as well just run the red light. Well here is the law and why you should adhere to this easily followed concept.

316.123 Vehicle entering stop or yield intersection.

(1) The right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in s. 316.006. Click Here to Read More

Resisting Arrest Without Violence

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Personal Injury Attorney Renee Dial

Personal Injury Attorney Renee Dial

Resisting an Officer Without Violence

By: Renee Dial

Something interesting can happen to you in Florida that seems to violate the laws of physics, you can be arrested for resisting arrest without having been under arrest.  The commonly used phrase is actually incorrect as Florida Statute 843.02 is labeled Resisting officer without violence to his or her person”.

To better understand the statute let’s use a hypothetical: Jimmy is fishing on the side of the road and not disobeying any laws.  An officer comes over to Jimmy and orders Jimmy to stop fishing.  Jimmy casts his line again despite the officer ordering him to stop fishing.  The officer then places Jimmy under arrest for resisting an officer without violence. Normally this happens when Jimmy gets belligerent with the officer. Read More

The Most Dangerous Intersections in Melbourne and Palm Bay!

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Palm Bay personal injury attorney Renee Dial

Palm Bay Personal Injury Attorney Renee Dial

The most dangerous intersections in Melbourne and Palm Bay!

By: Renee Dial

In 2014 Brevard County ranked fourth in the State for aggressive drivers according to Florida Department of Transportation data.  What that means for you is that you must be even more vigilant when on the roadways.  Before moving forward when a light turns green I always check to make sure that the vehicles that have the red light have stopped or are at least slowing down. Read More

I Was Hit by an Uninsured Driver While Riding my Bicycle Now What?

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Personal Injury Attorney Renee Dial

Personal Injury Attorney Renee Dial

What if I am Hit by an Uninsured Driver While Riding My Bicycle?  Who Pays for my Expenses?

By: Renee Dial

All too often a case comes along where a client was walking or riding a bike and gets hit by a car.  Medical bills pile up as PIP pays 80% of the medical bills up to $10,000 minus the deductible. Now the client is taken to the emergency room by ambulance and receives treatment and the medical bills easily exceed the limits of the PIP policy.  The client is now responsible for the remaining balance.  The client is hit and injured by a car through no fault of their own and now they owe medical bills.

Typically, your personal injury lawyer would submit a demand consisting of the client’s injuries, medical expenses, and any other factors that are necessary to present the claim. Click here to read more.