Nearly all automobile accidents, including those involving trucks, are caused by some sort of mistake made by a driver. The Insurance Institute for Highway Safety reports that trucking accidents, in particular, are commonly caused by exhausted drivers and the inability to brake in time to avoid a collision. It is not uncommon for trucking accidents to be caused by driver impairment, overweight or improperly loaded cargo, or speeding. Occasionally, the defective design or manufacturing of vehicles or another related equipment causes a trucking accident.

Few people get into a multitude of car wrecks, so for many, it is hard to know what to do if you get in an accident. An experienced personal injury attorney can help guide you through the process.

The Law Offices of Keith C. Warnock, P.A., is focused on helping people like you recover following an accident. With 30 years of experience in the field, Mr. Warnock and his talented staff can examine your case and determine the best way to move forward. In the meantime, the following steps are what the firm has determined to be the best course of action immediately following an accident.

Every state requires drivers to have a minimum amount of car insurance in order to be on the road. But, some drivers risk ignoring these requirements, or their insurance doesn't cover enough. Unfortunately, this means that getting in an accident with an uninsured driver is always a possibility.

When you bring your case to The Law Offices of Keith C. Warnock, P.A., in Daytona Beach, Florida, you gain the advantage of decades of experience in personal injury law. Trying to recover from an uninsured driver can be tricky; you may not even know who they are since they provide no information. We have the skills and drive to help.

Although there is no specific law requiring a person to seek medical care within a certain time after a motor vehicle accident, it is best that a person seeks medical treatment right away. Ideally, a person should be treated on the day of the accident. A delay in treatment or failing to see a physician as soon as possible is a mistake for two reasons.

First, your health should be your first priority. It is common for a person following a motor vehicle accident to suffer with neck or back pain. Often people take an over-the-counter medication such as Advil, hoping the pain will simply go away on its own. However, a medical doctor, chiropractor or health care provider is trained to take a history, perform a full examination that may include X-rays or other diagnostic studies, and recommend a course of treatment if necessary. In this regard, you are always better off treating with a doctor to obtain an expert opinion as to the nature and extent of your injuries.

Second, you should seek medical treatment as soon as possible after an accident to ensure that the insurance carrier does not discount your damages. If there is a large delay in treatment following an accident, often the insurance carrier takes the position that your injuries were not caused from the accident, simply because you did not seek treatment right away.

One of the top misconceptions about auto accident claims pertains to Florida insurance laws. Unfortunately, Florida is one of only two states in the country that does not require an owner of a motor vehicle to carry bodily injury liability insurance. Therefore, if you are injured in a car collision caused by a driver who does not carry bodily injury liability insurance, you may not be able to obtain a recovery. This is why it is important to purchase underinsured or uninsured motorist coverage. Such insurance coverage is not expensive, and it will provide you the right to recover money damages in the event that you are in a motor vehicle crash caused by the carelessness of another driver. If you do not know whether or not your policy includes underinsured or uninsured motorist coverage, we would recommend that you contact your insurance carrier.

Another misconception involves coverage called no-fault or PIP (personal injury protection insurance). This insurance is required under Florida law for all persons who own a motor vehicle. It is called no-fault insurance because, even when the accident is not your fault, your own insurance carrier is obligated to pay your medical bills and any wage loss benefits. However, important limitations and restrictions on the payment of PIP benefits apply. For example, if you do not treat with a doctor within 14 days, you may risk losing all or some of your PIP benefits coverage. For these reasons, if you are seriously injured in a motor vehicle collision, it is important to contact an attorney as soon as possible so that all of your rights and benefits are protected.

Your job should not result in pain, but there are times when an incident at work is unavoidable. Accidents happen at work every day, and dealing with the resulting injuries may result in more stress.

Florida workers may have the option of filing a workers' compensation claim after a work injury. Understanding what this type of employer insurance covers can help if and when it comes time to try to use it.

While one may not realize it in the moment, they are placing a great deal of trust in the person they choose to drive them around Daytona Beach. By consenting to travel as a passenger in a vehicle, the implied expectation is that the driver will do everything within their power to ensure their safety. This includes avoiding any reckless or negligent actions that may place the occupants of a vehicle at risk. Most do not give the decision to travel in a car with another a second thought due to them having a familiarity with the driver (and likewise, drivers probably do not dwell on the obligations they have to their passengers). However, when the aforementioned expectation is not met, the results can be disastrous.

This fact was confirmed in a recent accident that occurred in Columbia County. An Apopka woman was traveling in a vehicle with a man (the relationship between the two was not reported) when the man lost control of the car and drove into oncoming traffic. While the vehicle avoided colliding with other cars, it did hit a tree after leaving the roadway. The impact caused the car to flip before coming to a stop. Sadly, the woman was killed in the collision, while the man was taken to aa local hospital to be treated for his injuries.

Falls and car accidents are two common causes of traumatic brain injuries, which occur as a result of a significant blow to the head. Effects can occur in the short-term or they can have lasting consequences. In some cases, injuries can lead to coma or death when they're particularly severe.

Symptoms of brain injuries impact a person physically and mentally. In terms of physical symptoms accompanying mild injuries, trouble speaking, headache, fatigue, vomiting, dizziness, and loss of coordination are all common. Mild brain injuries can also cause a loss of consciousness, which can range from just a few seconds to minutes. Mental symptoms include changes in mood and trouble concentrating. A person may also experience anxiety and depression as a result of the incident.

With severe injuries, symptoms tend to be more serious and often have a lasting effect. One or both pupils may be dilated and the person may suffer from seizures. Headaches might also occur, but these tend to be longlasting with more serious injuries. With severe injuries, loss of consciousness can occur for minutes or even hours. Confusion, an agitated state, and slurring of speech are also common with these types of injuries. Immediate medical intervention is recommended when a person experiences any of the above symptoms after receiving a blow to the head.

According to the Centers for Disease Control and Prevention, people aged 65 and older experience 29 million falls on a yearly basis. Of these incidents, approximately 28,000 seniors succumb to injuries sustained during falls, while 800,000 require hospitalization to treat these injuries. Falls can also incur huge health care costs when it comes to subsequent treatment. Cost for treating injuries related to falls $31 billion dollars annually.

The above numbers illustrate why fall prevention is so important. Even a seemingly minor fall can result in significant injuries when a senior's health is impaired. Additionally, those with mobility issues, which is the case for many elderly people, also experience more problems with balance and movement. When these factors are combined, a fall can have devastating consequences for all involved.

So, what can you do to ensure your loved one remains safe? Take steps to remove hazards from your home or the home of your family member. You can do this by doing away with throw rugs, which can easily be trampled over. You should also get rid of clutter within walk-ways and high-traffic areas. In bathrooms, grip bars should be installed, which help seniors raise and lower themselves safely. Non-stick flooring is also important for bathroom safety.

Mold in the home can cause respiratory issues in sensitive individuals, especially when a person suffers from a mold allergy. When it comes to mold in rental properties, there is often confusion as to whose responsibility it is to address the matter. The fact is, both tenants and landlords are obligated to perform mold cleanup depending on the specific situation. Landlordology.com offers the following explanation.

There are two types of mold that are associated with more serious health effects. Mold from the Aspergillus family thrives in damp, dark environments, such as basements and inside walls. Due to its light texture, it can very easily be dispersed around the home and breathed in by the inhabitants. Toxic black mold, which is formally known as Stachybotrys chartarum, grows in the same conditions as Aspergillus. Both types are known to cause a range of symptoms, including headaches, worsening asthma, and airway irritation.

The cause of mold growth usually determines who is responsible for cleanup. For example, if a tenant complains about a leaking roof and it remains unaddressed, the subsequent water damage and mold growth could be his responsibility. The same can be said of mold caused by leaking pipes or water seepage through the walls. In cases where the landlord bears responsibility, a tenant could reasonably file a lawsuit if the problem isn't taken care of and health issues occur as a result.

A car crash is an unexpected event that can result in serious damage and injury. Even if you walk away, there is a chance that you may have an underlying injury.

Florida is a no-fault state in terms of insurance, which means that in the event of a crash, the drivers file a claim with their own insurance company rather than the other carrier. What happens if one person was mostly to blame, and what if you did something that contributed to the crash? Take a closer look at Florida's accident laws and how they may work in this situation.

When pedestrian accidents take place, there are a lot of different factors to think about. Pedestrians may be immobilized due to serious injuries, and some lose their lives. Even when pedestrians do not suffer any major injuries, they may struggle with various hardships, such as depression or mental trauma which prevents them from leaving their home. All of these difficulties can disrupt a person's life, and some people decide to file suit in an attempt to recover. However, it is important to be careful with regard to the information that you decide to share on social media if you are considering legal action.

When it comes to court cases, there are a lot of different factors that can affect the outcome of a case. In the digital era, many people share a lot of information online, including information that may seem completely irrelevant. However, these details could be used against someone who has decided to file suit in different ways. You should be very cautious about what you post online in the wake of a pedestrian accident, and it may be a good idea to avoid sharing anything online after an accident. Some people have shared details that had a negative impact on their case, which can make it even harder for a victim to restore normalcy in their lives.

When it comes to motorcycle collisions, there are many different issues to think about. For example, a motorcyclist may pass away in a crash, or they may be left with devastating financial hardships. However, some of the consequences of a motorcycle accident can be more difficult to detect. For example, someone may develop health problems in the wake of a collision, such as high blood pressure. Whether someone suffers a serious injury or long-term health issue that affects their blood pressure, or they develop heart issues and concerns regarding their blood pressure because of unhealthy stress levels, it is imperative to address these concerns immediately.

Our law firm knows that motorcycle accident victims often have a number of hardships to work through. Sometimes, these difficulties can linger for months or even years after a collision. When it comes to high blood pressure and other serious health problems, failing to address these concerns properly can be detrimental. Moreover, for those who are thinking about taking legal action as a result of a motorcyclist, such as someone who was hit by a speeding driver while riding their motorcycle, it is paramount to think about the entirety of the hardships that one will face.When it comes to court cases, there are a lot of different factors that can affect the outcome of a case. In the digital era, many people share a lot of information online, including information that may seem completely irrelevant. However, these details could be used against someone who has decided to file suit in different ways. You should be very cautious about what you post online in the wake of a pedestrian accident, and it may be a good idea to avoid sharing anything online after an accident. Some people have shared details that had a negative impact on their case, which can make it even harder for a victim to restore normalcy in their lives.

Kids of all ages are prone to falls, some of which may cause significant injury. In this case, it's crucial that parents take all the proper precautions to safeguard any children in their home, whether protecting their own kids or ensuring guests are also kept safe. KidsHealth.org offers the following tips so you can rest assured that your child is safe when it comes to falling hazards.

Man's best friend can be your worst nightmare during a dog attack. Even seemingly friendly and affable dogs are often prone to aggressive behavior, and this behavior can easily lead to dog bites when pet owners aren't vigilant about controlling their animal. VCA offers the following information on dog aggression and how it can be identified.

An aggressive episode often escalates, sometimes at a rapid pace. At the outset, the dog will use certain behaviors to diffuse the situation and remove whatever is making him afraid or uncomfortable. A dog might attempt to physically separate from what he perceives as a threat by turning away or moving his head. The dog's posture is another indicator of a potential attack. Be wary of dogs who crouch or get low to the ground, or those whose ears are flattened against the head. In most cases, growling or snarling usually precedes the bite.

Keep in mind that not all canine aggression is the same, as there is a wide range of reasons why a dog might lash out at others. Dogs can attack when they're in pain or feel uncomfortable. This can be a real concern when a person is attempting to help a dog that is wounded or trapped. If a dog feels his owner is being threatened some way, an attack is also possible, even if the threat is not legitimate. In the same token, a dog may feel threatened by a person, which can elicit fear-biting.

If you know of a friend or neighbor that owns a pool, you're probably quite excited to take a dip this summer. However, keep in mind that not all swimming pool owners have safety in mind, which can end up harming you or your kids. The American Red Cross explains what swimming pool owners must do to keep visitors to their pool safe and secure.

When friends and family are swimming, strict rules must be in place. For instance, a person should be enlisted to watch over the pool while people are swimming. This person should not be distracted by a mobile device or book, as drowning can happen in an instant. Swimmers should also not be permitted to use the pool after drinking alcohol. Even strong swimmers will have their abilities impaired when drunk, which can lead to devastating accidents.

Swimmers, especially children, should never be allowed to use a pool alone. The buddy system ensures that someone can go get help in case an accident occurs. There should also be ample flotation devices and life vests available in the event someone needs to be rescued. All swimmers should be informed of the rules before swimming, such as no diving and staying away from drains.

Like all parents in Daytona Beach, you want your kids to lead healthy lives. Part of healthy living is getting outside, and while you no doubt encourage them to do so, you also probably maintain a slight concern about the dangers they may encounter. While your likely understand not to talk to strangers, things like swimming pools, construction sites, junkyards and abandoned building may seem innocuous to them. Many have come to us here at The Law Offices of Keith C. Warnock, P.A. after their kids have been injured in such places wondering what legal recourse is available to them.

If your child has also been injured by any of the aforementioned attractions, you should know that the attractive nuisance doctrine provides a way to hold the property owner on which the attraction was found liable for their injuries. The attractive nuisance doctrine recognizes that children often lack the comprehension necessary to see the risks that certain attractions pose. Therefore, the owners of the land on which such attractions are found take reasonable measures to restrict access to them if it is foreseeable that children will come in contact with them.

What would “reasonable measures” constitute in this context? Examples might include:

According to the CDC, falls are the most common cause of traumatic brain injuries. The organization estimates that over 800,000 people per year sustain an injury as a result of these types of accidents. Included in this statistic are slip-and-fall incidents.

What makes a slip-and-fall case especially unfortunate is that most of the time, it is preventable. Negligence can often create hazards, causing someone to stumble. Here are the three most common situations where an accident like this is more likely to occur.

In many parts of the country, motorcyclists are excited for spring to come since it marks the end of a long, brutal winter and more favorable weather conditions for riding a motorcycle. However, this can lead to a higher likelihood of motorcycle accidents, so it is imperative for motorcyclists and those driving any type of vehicle to be aware of the risks associated with motorcycle collisions. Unfortunately, some motorcyclists will inevitably find themselves in the middle of an accident this season, and many of these accidents will prove fatal or lead to serious injuries.

There are many risk factors to watch out for during the spring when it comes to driving and riding a motorcycle. Many motorcyclists celebrate Memorial Day weekend by riding with their friends, but this can be dangerous if road conditions are poor, people on the road have been drinking or other concerns are present. During the spring, weather conditions such as fog and heavy rain can increase the chances of a crash, and some motorcyclists may be more likely to find themselves in a wreck because they have not ridden a motorcycle for several months.

If you are hurt on the job in Florida and are receiving compensation benefits, you may feel like you want to get back to work, whether you need to start making more money or you just like to stay busy. Fortunately, one of the benefits you receive is vocational rehabilitation, which provides a variety of tools and training to help you get back to your previous job or prepare you for a different position.

According to the Department of Labor, the goal of vocational rehabilitation is to get you back to work with your original employer as soon as possible. If your injuries make it improbable or impossible to return to your previous position, the program will work to assist you in gaining the skills necessary to find another job of similar pay. Typically, rehab services only start once your doctor determines you are at maximum medical improvement and that your injuries result in a permanent disability of some kind.

Participation in a vocational rehab program is voluntary, and participants must cooperate fully, collaborate with a counselor to design a realistic plan to return to work, and be flexible in terms of available work opportunities.

Rugs look great scattered around a home. They can make it feel cozier and help provide some comfort on wood floors. However, rugs are also very dangerous. They slide easily and pose a tripping hazard. While they may not be too harmful to adults and older children, they can pose a huge risk to young children and the elderly who are more vulnerable. To avoid slip and fall accidents with rugs, there are some things you can.

Ideally, according to the Huffington Post, the safest thing to do is get rid of your rugs, but if you want to keep them, then you should take steps to make them safer. You should also understand why they are so dangerous.

Any loose rugs are dangerous rugs. They slip along the flooring underneath them too easily, even if they are on carpet. They edges may curl up and create a trip hazard as well. To make them safe, you need to minimize these issues.

Start by applying backing that makes the rugs not slip. This could be a no-slip backing or tape that adheres to the surface. Tape is also nice for tacking down the edges so they cannot curl up.

Every day in American workplaces, a subtle epidemic of employee bullying takes place. Employees victimized by unconscionable bullying attacks experience lower self-esteem and lose the ability to complete their work effectively.

Victims of the workplace bully can develop lifelong emotional and physical trauma in the form of Complex Post Traumatic Stress Disorder. Some bullying is so severe that the targets cannot continue working in the public sector. Ousted employees descend into poverty; others can only work from home in a freelance capacity, thus losing important company health benefits and acquiring a steep tax burden.

While companies in Florida uphold the responsibility to treat their customers with respect, they are also tasked with making sure that their facilities are up to code and free of hazards that could cause avoidable injuries to their patrons. In unfortunate incidents where a customer does sustain an injury on the premises of a business, that company could be facing hefty consequences if it is found that they acted negligently in making sure they mitigated the risks that created the injury.

In a recent case out of Sioux Falls, South Dakota, one woman is alleging that Walmart acted negligently and ultimately contributed to a situation that left her with severe injuries. The woman disclosed that she and her daughter were shopping together at the store when another patron crashed into her on a motorized scooter cart. Witnesses say the woman fell to her knees in pain and ended up in the emergency room to be treated for her injuries. Health issues stemming from the incident has cost the woman nearly $30,000 in medical bills and left her with recurring pain.

In the lawsuit, the woman claims that it was clearly obvious that the customer on the motorized cart could not figure out how to stop the machine. As such, the woman says the accident could have been prevented had Walmart provided clearer instructions for the use and operation of the motorized carts. She also alleged the improper maintenance or inspection of the fleet of motorized carts could have also played a role in her injury. The amount of money she is requesting is unknown at this time.

Every year, new technologies are introduced to the vehicles traveling on Daytona Beach's roads, all aimed at making driving both safer and more convenient. However, the concepts of safety and convenience can often be at odds with each other, as those updates which make vehicles easier to drive do not necessarily make them safer. Consumers likely trust that the technological upgrades incorporated into vehicles have been tested and proven to do that which their advertising implies. Yet often the excitement over the potential of new vehicle features may prompt drivers to use them in ways they may not have been intended.

Take the Autopilot upgrade recently introduced into Tesla vehicles. Many drivers have reported being able to take their hands off the steering wheel when using the feature (after all, it is called “Autopilot”) despite the manufacturer's insistence that it is not intended to take driving control away from the driver. Since the feature's introduction, several motorists have been killed in accidents linked to its use. The most recent was a man who struck a tractor-trailer in Palm Beach County. Although it has not been confirmed whether or not the driver had Autopilot engaged when the accident occurred, both the National Highway Traffic Safety Administration and the National Transportation Safety Board have announced their intentions to look into the crash.

If you've been involved in a car accident in Florida, the negative effects may extend beyond the physical. When faced with serious and debilitating injuries, many people also experience depression, which can get in the way of the healing process. Thrive Global offers the following tips to help you overcome depression on your road to recovery.

If you receive a traumatic brain injury in a Florida car crash or other catastrophic events, the initial focus of your physicians will be to save your life and begin immediate treatment to attempt to minimize the long-term effects of your TBI. Unfortunately, you could incur hospital and other medical expenses of over $1 million during the first six months alone.

But what about the costs you and your family will incur after the first six months? Given that a TBI can affect you in multiple ways, you may require months or even years or rehabilitation and occupational and physical therapy. You may even require a lifetime of care.

Workers' compensation is a type of insurance your employer in Florida most likely carries. The law requires most employers to have this insurance which offers protection if you or any other employee is injured while on the job. You need to meet certain requirements and follow a specific procedure to ensure you qualify for benefits.

According to the Florida Department of Financial Services, you only qualify for workers' compensation if you receive an injury while you are at work and doing work duties. This is important because if your injury occurs when you are doing something outside the course of your job duties, you may not qualify.

You also must report your injury within 30 days. If your injury is something that happens over a prolonged period, then you have 30 days from when you first discover the injury to report it. You have to file a claim within two years after you report the injury. If you do not report or make a claim within these time limits, you may have your benefits denied.

You have to stay in contact with your employer throughout the process of filing your claim. Also, if you receive a request for information or documentation, you need to respond as soon as possible. You must also only make true statements. If you lie, you could face fraud charges.

While slip-and-fall accidents can happen to virtually anyone, they're especially hazardous for the elderly. That's why it's important to safeguard your senior loved ones against potential accidents in and outside of the home, as these accidents may have potentially devastating consequences. In this case, the Mayo Clinic offers the following tips on how you can help your loved one lower the chance of a slip-and-fall.

When amputations occur because of a traumatic accident, the psychological effects can be profound. For many people, the experience is similar to losing a loved one, and it can be hard to adapt to a new reality in the days preceding the operation, as well as the time after occurs. Physiopedia offers the following information on the type of effects amputation can have on a person's psyche.

There are different types of coping styles for people undergoing amputation. In many cases, people will advance through the five stages of grief, which are denial, anger, bargaining, depression, and acceptance. Upon reaching a state of acceptance the patient will usually come to terms with the loss of limb and take the proper steps to recover, usually through physical therapy and rehabilitation. For others, coping styles may take on a negative aspect.

For instance, some people will be overly hostile and refuse help even when it's necessary. Others take the opposite approach and cling to assistance even when it's not warranted. These people may attempt to remain ill, even if they've made strides towards recovery. Others still might withdraw from society and deny the psychological impact of losing a limb.

Nighttime can be a dangerous time for cyclists and pedestrians. Unfortunately, it appears that this has especially been the case in recent years here in the United States.

According to federal statistics, between 2010 and 2017, annual pedestrian and cyclist fatalities went up, both for night and day. However, nighttime saw a much higher increase in such fatalities (46 percent) than daytime did (15 percent) over this stretch.

Why do you think pedestrian and cyclist nighttime traffic deaths have gone up so much recently?

One of the safety challenges for bicyclists and pedestrians at night is visibility. Drivers may have trouble seeing them.

There are steps that individuals out walking or biking at night can take to try to increase their visibility. This includes wearing reflective clothing, using lights, and sticking to well-lit areas if possible.

Now, on this last front, cyclists and pedestrians are limited by what lighting systems are present in their area. Are there any particular lighting improvements you would like to see made here in the Daytona Beach area?

Florida residents often drive their car as easily as breathing, and it has become an almost automated task to get into the car and go. Many drivers multi-task behind the wheel, dividing their attention between the road and other concerns such as eating, selecting music, and talking with others in the car. Distracted driving contributes to car accidents every day, from minor fender benders to fatalities.

According to Orlando Weekly, there have been multiple bills filed for the 2019 legislative session addressing the issues of cell phone use and texting devices that are not hands-free. One of these measures, if passed, would make a hand-held cell phone use a primary violation. Currently, drivers only receive cell phone use citations if law enforcement stops them for other moving violations. By making it a primary offense, police officers could stop motorists and issue tickets specifically for using the hand-held device.

The Governors Highway Safety Association reports that phone use while driving is among the most common distractions. Most states have laws banning hand-held phone use for all drivers. Studies indicate that enforcing the ban reduces cell phone use. Campaigns such as It Can Wait, led by AT&T, works with consumer safety groups, law enforcement, educators, and more to prevent social media use, web surfing, and texting while driving.

Getting into a car accident is stressful and often painful. If you are injured or your car is damaged, you may be wondering how to pay for these expenses.

It's possible you may have been partially to blame, even if the other driver was more at fault, or the other driver may claim you partly caused the accident. How does Florida handle these incidents?

If you suffered a brain injury from an auto accident, you are not alone. Hundreds of thousands of people suffer from brain injuries after an auto accident each year. You may be worried about the long-term effects on everything from your job to your social life. Brain injuries can vary as much as the people who suffer them, but they tend to have a few things in common:

• Headaches that just won't go away
• Dizziness and nausea, or even seizures
• Sleepiness or fatigue
• Emotional changes, such as mood swings or depression
• Cognitive problems, such as confusion or memory loss

These are just a few symptoms of a brain injury, and the severity of the symptoms depends upon the severity of the injury. Likewise, your recovery will depend upon the injury, as will the medical treatment you receive. Many people don't even realize they suffered a brain injury right away, especially if they didn't lose consciousness. That is why you should always be seen by a doctor after an auto accident.

You were rushing to get home to start dinner, and another vehicle rolled into your car as you were leaving the parking lot. A small jolt occurred during the accident, but no one was injured. You apologize, shrug off the minor mishap and go your separates ways.

The next day, you notice some trouble breathing. Its allergy season and you wonder if an allergy shot might help. Several days later, you develop a mild headache. You notice your balance is a bit off. The headaches turn into migraines. Your eyesight blurs so badly that you cannot read or watch television. Your daughter insists on driving you to the hospital.