Nicolette R. Nicoletti

Negligence is someone’s failure to exercise a reasonable standard of care to another person. There are 4 elements to negligence: Duty, Breach, Causation, Damages. Did the person who was negligent owe you a duty of care? Did they breach that duty of care? If they did breach it, was that breach the direct cause of your injuries? What are the damages from the breach of their duty? All of those 4 elements need to be proven in order to have a successful case.

Distracted driving or overconfident driving. There are so many more cars on the road in Florida now. Everyone is juggling so much - people are on their phones, playing with their fancy big screens in the vehicles, having conversations, eating, doing makeup (I have literally seen it all). People are also way too overeager. There is so much speeding, passing and just aggressive driving. This is why insurance is so important - you absolutely need to make sure you are protected because driving in Florida is like the Wild West anymore.

I have not but I think because the state is becoming so populated, they are becoming more and more prevalent. I do see a lot of bias against e-bikes. People are frustrated with their speed restraints on the road. The best way to overcome it is education. When people learn the laws that are enacted to try to keep the roads safe for ALL drivers, including e-bikes and pedestrians, they understand a bit more. I also think the current economic situation helps people understand that not everyone can afford a safe vehicle and some people are just doing the best they can.

Being alert and paying attention to the road. No distracted driving. Properly placed mirrors to avoid blind spots as much as you can. Proper signaling for turns and especially lane changes. Just being considerate and recognizing the roads aren’t made for you - everyone has a right to be able to travel safely.
What are the primary safety violations that result in truck accidents?
People would be surprised at how many trucks are not up to standard protocol that are out and driving on the road. Until an accident happens, most of them, including their drivers, may never know. This is why it is so important to hire an attorney that knows how to work trucking cases. Truck driver logs are critical to know if the driver was overworked. There are certain daily driving hour restrictions that apply. Was the trailer overloaded or too heavy? If an open haul, was everything tied down properly? Are the vehicles being inspected daily? Companies should be keeping daily vehicle inspection reports, along with safety inspection reports. Pre and Post trip inspection logs can provide a lot of information as well. Has the truck been properly maintained? Are the brakes in good working condition? Have there been any work orders? What is the company’s policy on background checks for drivers and their qualifications? Did the driver ever notice something was not working in the truck and alert the company? Is the company regularly testing for drug and alcohol usage?
How do truck accident cases differ from other motor vehicle accident cases?
Federal trucking laws in the U.S. are regulated by the Federal Motor Carrier Safety Administration (FMCSA), primarily codified in 49 CFR Parts 300-399. It is important to work with an attorney that knows these laws.
Trucking cases are complex. My spoliation of evidence letter is very intricate (I can send it if it would help). The lawyer needs to know exactly what to ask for in these cases in order to preserve evidence that could potentially show willful neglect by the company.
Trucking cases need to be worked on quickly. Ideally, a client would call me from the scene of the accident. It is imperative to get an educated investigator to examine the truck as quickly as possible to ensure it is in the same condition as the time of the accident.
When is the trucking company liable for an accident caused by one of its drivers?
Typically a trucking company will be liable if the driver was in the scope of their employment when the accident occurred. A company can also be liable if they were directly negligent in hiring, training or maintaining the company trucks and/or vehicle. This is why a proper spoliation of evidence letter and an attorney who knows exactly what records to request immediately after an accident is so important. Some of the common scenarios in which a company is liable are:

• Vicarious Liability (Respondeat Superior) - when the driver is within course and scope of employment
  Negligent Hiring & Retention - failing to do proper background checks, failing to regularly test for drugs and alcohol, improper licensure
• Negligent Training/Supervision - failing to supervisor or properly train and educate drivers on safety regulations
• Negligent Maintenance - Not upkeeping maintenance records and logs, brakes and or tires and other vehicle parts that are worn down and not regularly receiving maintenance. Any sort of mechanical issues or failures in the truck.
• Violation of Federal Safety Regulations - overworking drivers past the recommended Federal guidelines of hours worked per day. Trailers being too heavy or overloaded.

If the injuries are critical or life-threatening, 911 is always the first call. If the person suspects internal injuries, a head injury or any broken bones and did not call 911, they should immediately seek urgent medical care at a hospital.
Calling a lawyer immediately after an accident is always a wise decision. Not only can the lawyer jump in and start handling the insurance information, but the lawyer can assist the person with getting to the right medical specialists who treat accident cases (for example, in Florida, most primary care doctors will NOT see a patient for a car accident, even if they are a well-established patient of the office).
Why should someone hire a lawyer rather than take the case themselves?
A person should always hire a lawyer. At the end of the day, an insurance company is going to pay you as little as possible to close the claim and make the case go away. This even goes for property damage claims.
An insurance company knows an individual person is not going to take them to court. There is no force behind an individual. When an attorney is involved, the insurance company is on notice that this claim could go to trial, and their actions or inactions could be demonstrated to the jury, especially if any component of bad faith is involved.
Insurance companies love to offer checks to people to try to get the case to close immediately. Most people think it's great - the insurance company is offering them $2,000 for the inconvenience. What they fail to realize is the insurance company actually may have had over $250,000.00 available for their pain and suffering, injuries and inconveniences. As soon as that check from the insurance company is cashed and a release is signed, the client has now lost all rights to receive the compensation they actually deserve.

Downplaying their injuries. People do not want to seem weak, or they think that minor discomfort in their neck or the annoying headache will go away. A lot of times, these are big red flags that something major is going on in the body.
X-rays do not show soft tissue injuries. Just because the hospital said you are “fine” does not mean you are. Hospitals make sure a person is not dying and then sends them on their way. A personal can still be catastrophically injured and need surgery.
Being vocal with the treating physicians is important. It is okay to let them know this accident has totally changed your life. Now you can’t sit on the floor with your kids without icing your back. Suddenly your spouse is doing more housework and now the relationship is strained because you are in pain from doing daily tasks. This all needs to be documented properly with the medical professionals in order to maximize your claim. The only way to do that is by letting your doctors know exactly what is going on.
Ignoring doctors’ and lawyers’ advice. I always tell my clients that I can give them my opinion and my advice, but I can’t make the decisions for them. My goal is to educate the client as much as I can so they can make the decision that is best for them and their families. Some clients just don’t listen. If we tell you that the insurance company is viewing your social media and you are still posting your daily workouts, that is going to come up in front of a jury. They can subpoena your iWatch health data. There are so many ways an insurance company can argue that a client is not compliant or not as injured as they claim. Those arguments do not go well with juries, who you are essentially going to be asking to award you compensation.

To an insurance company, everything is degenerative. They will fight causation all day long. That will always come down to a battle of the experts on the stand, which is why hiring an attorney who works with well-accredited experts is so important. You need an expert who is knowledgeable and who will engage the jury.
Insurance companies love to argue damages, especially after Tort Reform. To them, everyone should be accepting Medicaid and Medicare rates. That is simply not how healthcare works, nor should it.

Nothing will ever be the same again. Our goal as an attorney is to maximize the value of your claim, which includes paying your medical bills, paying for your future care at an appropriate rate consistent with economic trends, and compensation for the pain and suffering and loss of enjoyment of life a client is suffering due to no fault of their own.
Regardless of what the settlement is, no amount of money can replace your health. This is why following doctors orders is so important. Surgery seems scary, but sometimes it is the only way to get your body back to being as close as it was prior to the accident. Even then, an injury is considered permanent.
Because of this, brace yourself and make decisions for your future. If surgery is recommended but you don’t want it now, will you need it 20 years from now? Will you still be in a position then to not only have it paid by the negligent company but to also be compensated for future care and pain and suffering? What will your quality of life really be as your body ages and you have any injury that continues to add stress to other areas of the body?
There is light at the end of the tunnel. Money may not replace your health, but it can help you afford the best care long into the future so you can have a quality of life and enjoy your life again.
Why should you never accept the first offer from an insurance company?
They ALWAYS have more money. Their goal is to pay as little as possible and they are hoping you are not smart enough to know how they work.
Tell us about your contingency fee and how it works.
In Florida, the contingency fee is 33&⅓%. We only get paid if the case settles favorably. A client owes us no upfront money and does not pay any costs for experts or running the case until the case resolves, in which all of that payment comes from the settlement at the end.