Florida auto accident

Minor Fender Benders—Why You Still Need a Lawyer

Published on: July 24, 2025 | Anthony Quackenbush, Esq.

The term “fender bender” is a colloquialism people use to refer to a seemingly small accident that causes minor injuries to the vehicles involved. But in legal terms, it’s an accident. And all accidents should be taken seriously.

Even a minor bump that caused little damage to your car could cause damage to your body if you were jerked suddenly or if you were turning to look over your shoulder at the time. The spine and neck are very delicate and can be easily injured. Don’t take any accident lightly.

What to do immediately after a minor accident

No-Fault Insurance in Florida—Can I Sue for Pain and Suffering?

Published on: July 10, 2025 | Anthony Quackenbush, Esq.

Florida is a no-fault insurance state, which means drivers must carry Personal Injury Protection (PIP) coverage to pay for their accident-related medical expenses, regardless of who was at fault in the accident. This no-fault system also restricts an injured party’s right to sue for pain and suffering. Injured victims can only sue the at-fault party for non-economic damages under certain circumstances, such as death, permanent injury, and serious disfigurement.

Receiving damages in Florida

The first step after an accident is to see a doctor within 14 days in order to be eligible for any PIP coverage, which is carried on your auto insurance policy. If you don’t have car insurance and live with a family member who does, their insurance will be used. PIP covers up to 80% of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, regardless of who caused the crash. If a person’s injuries cause the person a loss in wages, PIP can cover up to 60% of these lost wages, up to the $10,000 limit.

Whiplash Is Not a “Minor Injury”

Published on: April 12, 2025 | Anthony Quackenbush, Esq.

If you have been injured in an auto accident, especially an accident in which you have been rear-ended, it is likely that you have experienced whiplash. Whiplash is a neck injury caused by a rapid back-and-forth (or side-to-side) motion of the head, like the cracking of a whip. The medical term is cervical acceleration-deceleration (CAD) syndrome, and the symptoms of CAD syndrome are called whiplash-associated disorder (WAD). WAD symptoms vary, depending on the severity of your injury and any pre-existing conditions. But no whiplash injury should be taken lightly or ignored.

Whiplash symptoms

In Florida, your PIP insurance requires that you see an approved medical provider within two weeks of your accident in order to receive coverage from your auto insurance. You should always receive a thorough examination after an accident, even if you feel fine immediately afterwards. Symptoms of whiplash may not appear immediately, as your adrenaline is likely elevated for the first day or two. But after a few days, you may begin to feel tightness in your neck or any of the following common symptoms:

A Car Accident Was Not Your Fault AND You Have to Have Surgery?

Published on: March 22, 2025 | Anthony Quackenbush, Esq.

If you’ve been seriously injured in a car accident in Florida caused by someone else’s negligence, you need an experienced Florida personal injury attorney to fight for you while you are recovering to make sure you get the compensation you deserve for your injuries. Don’t try to tackle the insurance companies alone. You need an advocate at your side who knows how to deal with them and how to get significant awards for your injuries.

There is no such thing as a “minor” auto accident – until a doctor has thoroughly examined you and several months have passed with no lingering effects from the accident, do not assume that you are fine. Lingering back pain or neck pain could be a sign of a spinal cord injury. Shoulder injury from your seatbelt or tightness in the chest could mean torn tissue or cracked ribs.

Injuries that may lead to surgery could include:

What Is Diminished Earnings Capacity?

Published on: March 18, 2025 | Anthony Quackenbush, Esq.

When you have been injured in an accident in Florida caused by someone else’s negligence, you have the right to sue for compensation for your injuries, expenses, lost income, and pain and suffering. The injury could be due to a car accident or other vehicular accident, an accident at work, a faulty product, or a slip and fall incident or other injury caused by unsafe premises. It could be caused by medical malpractice or an attack by a vicious animal. Whatever the cause of the injury, you will need an experienced personal injury attorney to help you collect the full compensation you deserve for the injuries you sustained due to someone else’s negligence.

Defining diminished earning capacity

Diminished earning capacity is also known as future lost earnings. It is distinct from lost wages in that lost wages are income lost since the accident, usually with an estimated time period for your recovery. Lost wages need to be documented using tax returns, pay stubs, and days missed.

What Is a PIP Claim and Do You Need an Attorney?

Published on: March 10, 2025 | Anthony Quackenbush, Esq.

In Florida, every automobile owner is required to carry auto insurance which includes Personal Injury Protection (PIP) coverage. PIP covers up to 80% of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, regardless of who caused the crash. If a person’s injuries result in a loss in wages, PIP can cover up to 60% of these lost wages, up to $10,000. PIP also provides death benefits of $5,000 to surviving family members for each person killed due to an accident.

PIP covers insurance to the named insured person, relatives living in the same household, anyone operating the insured vehicle with the owner’s permission, passengers in the insured vehicle, and anyone struck and injured by the insured vehicle while not an occupant of another vehicle.

There are requirements to receive this coverage, however. In order to qualify for PIP coverage, you must be examined by an approved medical provider within 14 days of the accident. If you delay, you will not be eligible for PIP benefits. You must also contact your insurance company within the timeframe that is required by your insurance policy, or they will have grounds to deny your claim.

Accidents Due to Road Conditions – Who Is Responsible? Can You Sue?

Published on: February 12, 2025 | Anthony Quackenbush, Esq.

It is possible to sue a government entity for harm caused by negligence, but the government and the courts do not make it easy. If you believe poor road conditions, maintenance, or signage contributed to your traffic accident, you will require an experienced Florida personal injury lawyer to help you with your Florida personal injury lawsuit against the government.

Road conditions and responsible parties

Anyone who owns property has a duty to keep that property safe. When negligence leads to injury, the owner may be liable to compensate the injured party. It is the same for government municipalities that own or maintain roads.

Garbage Truck Accidents

Published on: November 26, 2024 | Anthony Quackenbush, Esq.

Garbage truck accidents are surprisingly common in Florida. Trash trucks stop frequently, are often out very early when it is still dark, and sometimes weave to each side of the road to collect trash. Accidents can be caused by driver error on the part of the truck driver or by error due to drivers around the truck.

Trash truck drivers can make the same kinds of mistakes as any other driver, but due to the size and weight of the garbage truck, they can cause much more damage than smaller vehicles. A truck is also not as responsive as a car, taking longer to accelerate and much longer to stop. Some of the most common trash truck accidents involve a truck not stopping in time and plowing into cars in front of it or driving through a stop light or stop sign.

Trucks have been known to tip over while making a turn or on tight off-ramps and on-ramps. When they are involved in accidents, they can spill trash on the road, causing a hazardous situation for other drivers. Trash truck drivers, like many truck drivers, drive for long hours and may be impaired by sleepiness. Sometimes alcohol and substance abuse can be the cause of truck driver error.

What to Do if You Have Been Injured by a Drunk Driver

Published on: October 5, 2024 | Anthony Quackenbush, Esq.

In a Florida personal injury case, you need to show that you have sustained injuries due to someone else’s negligence. Since drunk driving is clearly negligent behavior, if you have been injured in an accident involving a drunk driver, you could likely sue for compensation.

Operating a motor vehicle while intoxicated is, of course, against the law. In Florida, the blood alcohol content (BAC) level to be considered legally intoxicated varies. If the driver is a minor (under 21) the BAC legal limit is under 0.02%. If the driver is 21 or older, the legal limit is under 0.08%. If the driver is driving commercially (such as a truck driver), the limit is under 0.04%.

Someone who can “hold his liquor” may not even feel any effects of the alcohol at this level, but if the police arrive and a test shows the level is over the legal limit, that driver has committed a crime and has clearly been negligent.

What You Need to Know about the Car Accident Police Report

Published on: July 23, 2024 | Anthony Quackenbush, Esq.

More than 200,000 car accidents occur in Florida each year. Sections 316.065-6 of the Florida Statutes require drivers involved in a crash to immediately contact local law enforcement if the crash results in or includes:

Any injury or death to a person
Property damage of at least $500