Ask The Lawyer – Radio Show (Part 8)

Bruce L. Scheiner speaks with Todd Matthews on KIX Country 92.9 every Wednesday morning at 9am to answer questions related to Personal Injury. If you have missed any of these features, we have archived audio files of previously broadcasted features here on the “Ask the Lawyer” page.

December 13, 2023

Four months ago, my parents were driving home from a friend’s graduation party when they were struck head-on by a drunk driver who was arrested and charged with vehicular manslaughter. Both of my parents were killed instantly. My brother and I were in the car following behind and witnessed the accident. The at-fault driver only suffered a concussion, broken arm, and bruised ribs in the accident. He was cited for driving while intoxicated. While no amount of money could bring our parents back, we feel that this driver should pay for the loss of our parents. My brother is 17, I just turned 22, and we want to move on with our lives. Someone told me the insurance only covers injuries, but that doesn’t seem right. Should we hire a lawyer?

December 06, 2023

I was a passenger on a motorcycle that was rear-ended, and I sustained significant injuries, including a broken leg, which required surgery. The at-fault driver only had $10,000 in coverage, and the motorcycle driver only had $25,000 in uninsured motorist coverage. I live at home with my parents, who own a small business, so we have three vehicles with full coverage. My bills have exceeded both the at-fault driver and motorcycle driver’s coverage. I was told by a friend that car insurance won’t cover you on a motorcycle. Is that true? Can I get help?

November 29, 2023

My husband was rear-ended while on his way to work. His doctor thought it was only soft tissue damage, but when he went back after a week in severe pain, he referred him to a specialist. After more tests, they discovered he had a small disc herniation in his neck, which required surgery. The initial offer from the at-fault driver’s insurance company was $6,700. They feel that this was a pre-existing condition, but my husband has never had a neck issue in the past. He has been out of work for seven weeks and is unsure when he’ll be able to return and how limited he will be. The at-fault driver has a $50,000 bodily injury liability, and we carry full coverage, including uninsured motorist coverage. How can we make the insurance company more reasonable?

November 22, 2023

My husband was killed riding his motorcycle in Miami. He was struck by a delivery truck, and the truck driver was ticketed for violating the right of way of my husband. My husband and I have two adult children, a son who is 23 and a daughter who is 21. A family friend said that my adult children should have an attorney as well as myself. I am so confused as to how to proceed. Do we need multiple attorneys? Please ask the lawyer what is best. We are heartbroken and don’t want our grief to impact our case negatively.

November 15, 2023

My wife had come to a complete stop at a stop. She looked both ways and saw one vehicle that appeared far away, so she pulled out to cross the road. Suddenly, she was T-Boned by a late-model commercial vehicle that seemed to be going at a high rate of speed. My wife was taken to the hospital with a severe brain injury, which required surgery, and she has been taken to medical rehab. The police report indicated that a witness had said they thought the vehicle was going at least 30 mph over the speed limit. The driver wasn’t ticketed because there was no proof he was speeding. The insurance company is claiming that their driver was not speeding. Can a lawyer help? The medical bills are going to be substantial.

November 08, 2023

My son was riding his bike in a bike lane when an SUV side-swiped him, throwing him several feet. The driver left the scene. The police located the driver a little while later and arrested him for Drunk Driving and leaving the scene of an accident. Luckily, my son was wearing a helmet, so my son didn’t sustain any head injuries, but he did have several broken bones and required leg surgery. The drunk driver had no insurance. I own a small business and carry full coverage on our vehicles, including uninsured coverage. Will my car insurance cover my son on his bike?

November 01, 2023

My husband and I have been snowbirds from Ohio for over ten years. Last week, my husband was riding his motorcycle in Daytona Beach for Biketoberfest when a driver ran a stop sign and hit him. My husband was taken to the hospital with severe injuries which required emergency surgery. We are considering leaving Port Charlotte for Ohio while my husband recovers from his injuries. My Brother-in-law wants to contact a lawyer friend in Ohio to handle our case, but I think we should hire a Florida attorney. Can an Ohio lawyer handle an accident case in Florida? We need some advice.

October 25, 2023

My son worked this summer while home from college with a landscaping company. While driving the rider mower on a homeowner’s lawn, the owner backed his pick-up truck into my son’s mower. The impact knocked him off the mower, and he sustained a broken leg and arm, requiring surgery. His boss told him the landscaping company’s workman’s comp would pay all the bills. When he applied to the insurance company, they informed him the company’s policy had lapsed several months earlier. What can my son do?

October 18, 2023

I was driving south on the Tamiami trail in Charlotte County when a driver swerved into my lane, striking the driver’s side of my car. My car spun out of control, and I hit a tree. I was hospitalized for a week with a broken shoulder, a partially collapsed lung, and a severe concussion. I am going to have to have more surgeries and lots of therapy. The driver who hit me had a termite company car pull out in front of him from a side street, causing him to swerve into my lane and hit my car. The driver who struck me had minimal insurance. The driver who pulled out in front of him was ticketed for violating his right of way. I don’t have uninsured motorist coverage, but is there anything an attorney could do to help? My insurance is not being helpful.

October 11, 2023

Our son rode his motorcycle towards Arcadia on State Road 31 from Ft Myers. My son went to pass a tractor-trailer truck while he was in a passing zone, and the tractor-trailer truck started to make a left-hand turn as he was passing, cutting him off and forcing him to crash. He has severe injuries, including multiple broken bones. The trucking company said their driver was not at fault because a motorcycle was passing him. Can the Lawyer help?

October 04, 2023

My wife was walking down an aisle at a big box store when several boxes hit her from the top shelf. My wife was knocked to the ground and, as a result, has a broken hip and arm. The hospital doctors say she will need hip replacement surgery and lots of therapy. It turns out the boxes fell because of a vendor stacking a shelf on the other side of the aisle from where she was walking. The big box store claims they are not responsible because it was the vendor’s fault. Can you ask the lawyer what we should do?

September 27, 2023

My husband, who is in his 30s, was in a terrible motorcycle collision and is currently unable to walk due to his injuries. The doctors say he will need lots of therapy, and I will probably have to quit my job to care for him. He may be paralyzed for the rest of his life, and we were starting to plan for a family. The driver who hit him died in the accident, and he only carried minimum insurance. Luckily, because my husband owns a business, we have full coverage, including stacking uninsured coverage. The insurance company says they will pay the medical bills, but it will be a tremendous loss if I leave my job. Can you ask the lawyer if the insurance company should pay for my lost wages? What about the possibility we won’t’ be able to have a family? Even though the insurance company is acting like they will be there for us, should I still get a lawyer?

September 20, 2023

My 14-year-old son was walking across Tamiami Trail at a crosswalk when a car made a left-hand turn and side-swiped him. He was thrown about 10 feet, taken to the hospital, and has been in intensive care for several days. We are so worried, and to make matters worse, the driver only has minimum insurance, and the hospital bills and possible therapy will be enormous. My wife and I maintain extensive vehicle coverage on both our vehicles. However, we both have been out of work and have no medical insurance. My brother-in-law claims our car insurance will only help if our son is in our vehicle. Can the lawyer help?

September 6, 2023

My nephew was involved in a significant crash involving a Hertz rental car. The driver of the rental car was at fault. The driver, who was working in Florida for McDonald’s corporate, rented the car to visit local franchises. My nephew has sustained severe injuries, including several surgeries. When we contacted Hertz Rental to seek restitution for his injuries, Hertz denied liability, saying that rental car companies are not liable for injuries caused by renters. Is that true? Is there anything a lawyer might be able to do?

August 30, 2023

I was a passenger in my father-in-law’s car when a drunk driver crossed over the center line and crashed head-on into the vehicle, I was a passenger in. I was life-flighted to Lee Memorial Hospital. I have substantial medical bills and very serve injuries. The Drunk driver had no insurance, and I don’t own a car. My wife was looking over her father’s insurance coverage, including uninsured motorist coverage, but even that was not enough for all my bills. My wife discovered her father has something called an umbrella policy. What is an umbrella policy? Is that something that can help with my situation?

August 23, 2023

A tractor-trailer for a major retailer was driving down I-75 when it approached a traffic jam. It applied its brakes, but not before hitting a minivan, injuring my brother’s entire family. The trucking company says their driver was driving the speed limit and could not avoid sudden traffic jams. My Nephew, who was driving several car lengths back, claims that the trucker had passed him at a high rate of speed while my nephew was driving the speed limit. The trucking company lawyer says that my nephew being a family member, negates the validity of his claim about the speed the truck was going. We are convinced the trucker was speeding even though he did not get ticketed for speeding. Is there anything a lawyer could do to help my brother prove the truck driver was speeding?

August 16, 2023

My brother, who lives with me, was driving his Harley down 41 when someone on their cell phone pulled out from a side street, running a stop sign into my brother’s path. My brother struck the car and was taken to the hospital. He has had to have emergency hip surgery. Unfortunately, the negligent car driver didn’t have insurance. To make matters worse, my brother was also uninsured despite my many requests that he obtain insurance. I had recently purchased insurance with stacking on all my vehicles and had urged him to do the same. I think my brother is out of luck, but can you ask the Lawyer? The medical bills are enormous.

August 9, 2023

My wife was crossing the street when one of our neighbors driving a golf cart struck her. She was taken to the hospital and had a broken hip which will need surgery and months of therapy. The person driving the golf cart gave me his car insurance company information. Still, the insurance company is saying they are not responsible because a golf cart is not a motor vehicle. I was surprised as many people in our area used golf carts to travel the roads to run errands etc. I have full coverage of my cars, but now I am not sure my insurance will cover the accident. Would you ask the lawyer if what I am being told is true? Is there anything a lawyer could do to help?

August 2, 2023

My daughter was vacationing in Sarasota and rented an e-scooter with some friends. While she was crossing in the crosswalk with the light in her favor, a car took a right turn and struck her. She was taken to the hospital with a broken arm and leg. She will need surgery and a lot of physical therapy. The at-fault driver didn’t have insurance. We have full coverage on our cars, including Uninsured Motorist coverage. I read an article that said e-scooters aren’t considered vehicles, so I am worried our car insurance won’t help. Can you ask the lawyer?

July 26, 2023

My daughter was in an unusual accident, and I hope the lawyer can give us some advice. My daughter was riding her motorcycle in Punta Gorda through an area of road construction where she was struck head-on by a car in the single lane, she was direct to enter. Although she wasn’t going very fast, my daughter was thrown from her motorcycle and received a broken leg, several broken ribs, and need surgery for a shoulder injury. The men directing traffic got their signals crossed and sent both drivers into the single lane. The driver of the car is claiming my daughter hit his vehicle. A witness was driving behind my daughter and confirmed the man directing traffic had sent her into the single lane. My daughter is severely injured, and she only had minimum insurance. The construction company foreman denies his men screwed up. Can the lawyer help us figure out what we should do?