Can You Be Found At Fault if Someone Hits You in Florida?

If another driver hits you on the road in Florida, you’d assume that the other driver would be held legally responsible for the crash. But, state laws regarding fault in car accidents aren’t always so simple. In this article, we’ll explain if you can be found at fault if someone hits you in Florida – and what can be done to protect your best interests. 

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How To Prove Lost Wages In An Auto Accident Case

If you have been injured in an auto accident, it is very likely that you had to miss work. Missing work means less money in your pocket. However, it is likely that your employer will want to avoid paying you for that lost time while you’re away from the office. If this happens, you could be losing money at no fault of your own. This means you may need to acquire legal representation to calculate your lost wages. 

Before you can calculate your lost wages, you are going to need some paperwork. You’ll need a note from your doctor detailing the amount of time needed off from work to recover. A disability slip will also work. You will also need your previous paychecks to show your wages. Some people may also need their tax returns, however, this depends on the status of your employment. The more documentation you have of your wages and injury, the easier it is to prove that you are owed the lost wages. 

Once you’ve gathered all of the necessary paperwork, you can actually begin calculating your lost wages. The method for calculating your wages will depend on whether you are paid hourly or yearly. If you are paid hourly, simply multiply your hourly wage by the amount of hours missed due to injury. For example, if you make $10 an hour and miss five eight-hour days, multiply 5 x 8 which equals 40, then multiply the hours missed by your hourly wage which will equal $400. If you are paid yearly, you need to divide your salary by 2080. This is because there are 2080 work hours in a year. Then multiply your 8 work hours by the number of days missed. So ($40,000/2080) x (8hrs x 3 days) = $461.54 in lost wages. 

Fighting for compensation after a work-related injury is exhaustive. That is why workers all over Tampa call Esposito Law Firm to help them in their time of need. With years of legal experience, we will fight day in and day out on your behalf. Call us today if you or a loved one have been involved in an auto accident, and let us fight to recover your lost wages. 

877-CALL-ESPO

Drowsy Drivers: A Leading Cause of Auto Accidents

Driving is something many people take for granted. We tend to ignore just how dangerous the act of driving is. Cars can be unpredictable, and so can the drivers on the road with you. This can lead to disaster in a mere instant. Driving requires great focus and even a moment without focus can lead to injury or death. One of the leading causes of auto accidents is drowsy driving.

Being awake for extended periods of time can have the same effect on the body and mind as being intoxicated. Being awake for twenty hours can have the same effect as a blood alcohol level of 0.08%. People who have been awake for this kind of extended period have lowered reaction times, and are more likely to make poor decisions while driving, increasing their odds of being involved in an accident. 

Every year, around 100,000-300,000 drowsy driving cases are reported to the police every year. Drowsy driving costs society $109 billion every year before factoring in property damage. These numbers are especially alarming when you consider that they could be prevented by getting more sleep. 

Drowsy driving does have symptoms that the drowsy driver and/or their passengers should be aware of. Things like drifting in and out of lanes, head bobbing, missing road signs, or difficulty keeping their eyes open. These are easy signs to recognize and should be taken very seriously. These symptoms can be used by police in police reports and by a lawyer to help determine fault. If the police report does not indicate fault, it becomes the attorney’s job. 

Drowsy driving should be taken very seriously. If you feel too tired to drive, pull over. Coffee or another caffeinated beverage will also help you stay awake. However, it is very unwise to drive if you haven’t gotten adequate rest. Before you embark on our next overnight road trip, be sure to stop or share the driving demands when necessary. It could save your life.  

If you or someone you love has been injured by a drowsy driver, call Esposito Law Firm today and get the attention you deserve.

What You Need To Know About Florida Marijuana Laws

Florida has historically been in-line as a no-tolerance state against marijuana use. However, over the past several years Florida has taken steps in a more marijuana-friendly direction. For example, the state has adopted several laws to allow the medical use of the drug, and some are even pushing for recreational legalization in the upcoming years. 

Esposito Law Firm wants you to know the facts about marijuana laws in Florida. With recreational drug use on the rise, it is important to know your rights. 

Florida is known for having some of the strictest marijuana laws in the country. That being said, user amounts of marijuana don’t carry a heavy toll. In Florida, having less than 20 grams of marijuana on your person is considered a misdemeanor, punishable by a year in jail, or a $1,000 fine. This can sometimes be reduced with proper legal representation. 

Judges rarely want to clog up the system with casual users. There aren’t even mandatory minimums for marijuana crimes until you have 25 pounds or more on you. When it comes to marijuana plants, Florida is even more lenient. With no mandatory minimums for fewer than 300 plants, proper legal representation can do a lot for you. 

More concentrated forms of marijuana carry a harsher penalty than the plant itself. If you are caught with a concentrate of any kind, you could be stuck with a $5,000 fine or five years in jail. These crimes do not carry the mandatory minimums that large amounts of the plant do, so the quality representation at Esposito Law Firm will go a long way to reduce your sentence. 

If you are a user of marijuana, you may advocate for the recreational legalization of the drug. However, it is still illegal under Florida state law and can get you into severe legal trouble if you are caught. However, we at Esposito Law Firm believe that you deserve a fighting chance. If you are caught with marijuana on you, call Esposito Law Firm as soon as you can.

Going Back To Work During Florida’s COVID Outbreak

The coronavirus has taken America, as well as most of the world, by surprise. With so much information circulating, it can be very hard to know the best course of action. With the rise of inaccurate news reporting online and internet memes that can be misconstrued as the truth, it can be hard to find reliable information. Here at Esposito Law Firm, we care about our community and want you to have the knowledge you need to succeed. 

A big question for many employees is whether or not they can legally refuse to return to work. This is certainly not the case. According to Florida law, you can be legally fired for refusing to work unless your doctor says otherwise. If your doctor clears you to return to work but you refuse, you can legally be fired. 

There has been a lot of different information circulating about what businesses do and don’t have to do in response to COVID-19. Something worth noting is that while businesses have been told to follow CDC guidelines for stopping the spread, this is just a suggestion. Unless you are a healthcare worker, there is no law saying your employer has to follow the CDC guidelines. However, there are options for you if you feel that your employer is not taking proper steps to keep you and your coworkers safe. You can communicate this to your employer, especially if the problem is caused by other employees. If this doesn’t work, you may need to speak with upper management, or even the owner. If none of these steps fix the issue, you can file a complaint: osha.gov/workers/file_complaint.html  

If you contract the coronavirus on the job or during work related activities, under Florida law, you are eligible for workers compensation. However, if you contract the virus outside of work related activities, you are not eligible. This means you should take proper precaution to keep yourself safe outside of work. Things like wearing a mask and washing your hands regularly can go a long way to stop the spread of the coronavirus.

For more information on your legal rights as an employee or employer, contact our offices today:

877-CALL-ESPO

Common Causes of Motorcycle Accidents (And How To Avoid Them)

Motorcycles are one of the most popular forms of transportation in the United States as well as in Florida. One of the many things that sets the motorcycle apart from the standard automobile is the exposure to outside elements. Motorcycles lack seatbelts, airbags, and most other safety features offered by an automobile. This means motorcyclists are at a greater risk for injury and death than people that drive automobiles. 

A leading cause of death or injury for motorcyclists is unsafe lane changes. Lane changes are one of the more dangerous maneuvers that car drivers make, but the risk increases for motorcyclists. Practice safe lane changes by always checking fist, signalling, and not changing lanes abruptly. Another leading cause of death and injury for motorcyclists are car doors. Many car drivers open their doors into the road or path of a motorcyclist. This can easily lead to a collision, or cause the cyclist to change direction abruptly. As a car driver or rider, you can prevent these kinds of accidents by checking before you open your car door. 

Speeding is a leading cause of accidents for everyone on the road. Exceeding the speed limit by a large margin gives everyone less time to react to other people, thus increasing the odds of an accident happening. Driving reasonably within the speed limit is a great way for all drivers to reduce the number of accidents, however, this is especially true for motorcycles. Driving under the influence of drugs or alcohol is another way all drivers can find themselves in an accident or worse. Obeying the law and driving sober will drastically reduce your odds of being in an accident. 

Lane splitting is another way for motorcyclists to get into trouble on the road. This maneuver is very unusual in the United States and can easily lead to injury or death. Avoid lane splitting and make the road safer for all. 

If you or a loved one are involved in an accident, call Esposito Law Firm today.