What Are Some Other Things I Need
to Know About Accidents?
If you are in an accident, even if
you suffer no apparent injuries, it is a wise precaution
to consult a doctor. A severe impact may have caused
whiplash injury to the neck and spinal cord, which
can ultimately cripple you. It may not become apparent
for days or weeks after the accident. A bump on the
head may have created a hairline fracture of the skull
or brain damage not immediately evident.
Similarly, if you are the victim
of an accident in which you have been shaken up, it
is unwise to accept settlement or sign a release until
your doctor is sure that no complications will result
and that no permanent injury has been caused.
It is important that you don’t
act prematurely, even if the insurance adjuster pleads
that “you are holding things up,” accuses
you of malingering or threatens that “if you
don’t accept settlement now, you may end up
with nothing.” Such statements are improper
and without legal foundation or basis in evidence.
Once you accept settlement and sign a release, it
may be difficult (or even impossible) to reopen the
case if our injuries prove to be more serious than
they originally appeared.
Florida and all other states require
that accident reports be filled out. The report must
be as accurate as you can make it, since it may be
used later when negligence, liability and damage claims
are being determined. Don’t be rushed through
the report. Accuracy is more important than speed.
If you have difficulty in preparing the report accurately,
get assistance from your insurance agent or lawyer.
A tourist driver who is involved
in an accident in Florida cannot escape a lawsuit
for any damages which may have resulted. Under the
Non-Resident Service of Process Law, which is in effect
throughout the United States, if you own or drive
a car, you automatically appoint the secretary of
state of your home state to be served with process
on your behalf. This means that you agree to recognize
the service of legal papers on him as the same as
service on you in respect to any accident you may
have been involved in outside the state.
If someone from out of state, wants
to sue you, his lawyer will send one copy of the summons
to your state secretary and one by registered mail
to you. You may also be served personally. Under the
law, the summons is enforceable, and you must either
appear (or have a lawyer appear) in your defense in
the courts of the state in which the accident occurred
or run the risk of having a judgment entered against
you by default. If such a judgment does result, it
will almost certainly be enforced against you by the
courts of your own state, and you will likely have
to pay.
As a motorist, you may be involved
in a civil action or a criminal action or both. A
civil action is one brought by an injured plaintiff
demanding damages from the defendant driver or defendant
owner or both, for personal injuries or damage to
his automobile or property. A criminal action is one
brought by the government demanding punishment for
violation of the laws.
If you are involved in a traffic accident
while violating the traffic laws, for example if you
hit someone while speeding, you may be involved in
both a civil action by the victim and a criminal action
by the government, thereby risking both damages and
a fine or imprisonment for the same mistake.
Next week: Part 3 – When to
Consult a Lawyer After an Accident.
Michael R. Barnes
practices law in Key West, Florida. His comments are
provided as a pro bono community service and are not
offered as legal advice for a particular set of circumstances.
This article was materially assisted in its preparation
by his paralegal, Christine Gorman. If you are concerned
that you may need a lawyer, you are encouraged to
contact one and follow his or her advice for your
individual situation.
