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Motor Vehicle Accidents Information Center

Car, Truck, and Motorcycle Accidents Lawyer

Motor vehicle accidents are among the leading causes of death and catastrophic injury in the United States. When the accident is the result of negligence or misconduct, the injured or the families of those killed may be able to obtain compensation. At the Law office of Bogani and Robes, we are always ready to present our client’s claim for payment to a jury. Our determination has lead to many significant settlements for clients injured in a car wreck, truck accident, or motorcycle crash. For more information about motor vehicle accidents, contact us for a free consultation with an attorney. Please call (561) 296-2266 for an appointment at our Delray Beach office.

Motor Vehicle Accidents - An Overview

Motor vehicle accidents cause the loss of time, property, health and even life. These accidents occur because of elements including driver error, negligence, manufacturing defects and hazardous weather conditions. No matter what the specific cause or result, a crash can turn a normal day into a prolonged struggle. Speaking with a lawyer can help you sort out your rights, your options and your future. Contact an attorney from Bogani and Robes in Delray Beach, Florida, to find out more.

When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted when and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of an attorney can be immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries or defending yourself in court.


Motor vehicle accidents cause the loss of time, property, health and even life. Such accidents occur because of elements including driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result, a crash can turn a normal day into a prolonged struggle. Speaking with a lawyer can help you sort out your rights, your options and your future. Contact an attorney from Bogani & Robes in Delray Beach, Florida, to find out more.

At-Fault, Negligent and Aggressive Drivers

When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted when and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of an attorney can be immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries or defending yourself in court.

Sources of information on the accident include police reports, witnesses and the condition of the vehicles involved in the accident. They could reveal what happened and why.

Actions, on the part of either driver, that may have contributed to the accident include:

  • Failure to stop or yield right-of-way
  • Driving under the influence of alcohol or drugs
  • Failure to compensate for dangerous weather conditions
  • Driving above or below the posted speed limits
  • Driver distraction caused by a cell phone, passenger, radio or another source
  • Failure to obey traffic laws

Sometimes the at-fault driver is more than negligent; he or she may have acted recklessly or even intentionally. A reckless driver acts with conscious disregard for the probable consequences of the driver’s actions. "Road Rage" incidents often involve reckless behavior, and they can escalate into intentional behavior. Road rage can be extremely dangerous, leading to injuries and criminal charges. Aggressive drivers are a serious threat to safety and property. Speeding and taking other risks contributes significantly to the endangerment to life and property.

It is important to avoid confrontation with road-rage drivers and aggressive drivers. To stay safe, you should:

  • Get out of the way
  • Avoid eye contact
  • Refuse to make or return obscene gestures
  • Let go of your pride for a while; don’t challenge the other driver
  • Report the aggressive driving to the authorities, stopping in a safe spot to use your cell phone if necessary

Drunk & Imparied Driving

In the US, someone dies every 30 minutes in an alcohol-related crash; someone is non-fatally injured every two minutes. Drunk driving can lead to both criminal charges and a civil lawsuit. Additionally, the business that sold alcohol to the drunk driver may be held liable if it served the driver when he or she was visibly intoxicated. This, however, does not take any responsibility from the driver who drove while intoxicated. If you have been in an accident involving alcohol or drugs, seek the help of an attorney who will explain your legal options.

Auto Accidents Not Caused by the Drivers

Sometimes, no matter how carefully you drive, you cannot avoid an accident. In certain cases, a vehicle’s manufacturing or design defect causes the accident or makes it worse. This might happen if, for instance, the brakes on your car fail or the airbag does not deploy when it should. The law of products liability applies in this situation, protecting consumers when products create an unreasonable risk of harm. If a product defect caused your injuries, you may have a case against the designer, manufacturer or distributor of the product.

Another responsible party could be a mechanic who improperly repaired the car that caused the accident. Both the mechanic and the mechanic’s employer could be liable in such a case.

Finally, poorly maintained roads, messy and confusing construction, unclear signage, improperly designed roads and similar problems can contribute to an accident. Government entities are typically responsible for the roads and highways; they may, therefore, be liable for accidents caused by the above factors. Special rules, however, apply to lawsuits against government entities; a lawyer will be able to explain them in detail.

Schedule a Consultation

It is important to take prompt action when you have been in a motor vehicle accident. This will help you preserve your rights and seek proper compensation. Contact an attorney from Bogani & Robes in Delray Beach, Florida, for help.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Auto Accident Injuries and Compensation

An individual who has been injured in an automobile accident may be able to seek monetary compensation for injuries and damages. Cases are fact specific, typically with complex issues of proof and fault in dispute. Working with an experienced attorney will help you sort out your legal options.


An individual who has been injured in an automobile accident may be able to seek monetary compensation for injuries and damages. Cases are fact specific, typically with complex issues of proof and fault in dispute. Working with an experienced attorney from Bogani and Robes in Delray Beach, Florida, will help you sort out your legal options.

Compensation for Your Losses

The injured party in a motor vehicle accident may be able to recover damages from the party or parties who caused the accident. Damages are monetary compensation for the victim’s injuries or losses. Compensable injuries include physical injuries like broken bones, spinal cord injuries and head injuries; the pain and suffering caused by physical injuries may also be compensable.

Damages may also be sought to pay for the victim’s medical bills — bills that arose directly after the accident, in addition to reasonable future medical bills. If the victim requires rehabilitative services or accommodations, such as physical therapy or a ramp leading to the home, these costs may be recovered. The accident victim also may recover lost past and future wages. Compensation for damage to personal property may also be recoverable.

Other damages that are more difficult to quantify may also be sought. Mental pain and suffering may be compensable, as may permanent impairment or disfigurement. Loss of enjoyment of life is also compensable in certain situations.

If the injured person was already suffering from a previous injury, that does not necessarily bar monetary recovery. The accident may have aggravated or worsened the victim’s existing injury, and the new injury can be treated as a separate matter from the underlying injury.

If you have been injured in an auto accident, it is a good idea to keep a daily diary documenting how the injury is affecting you, both emotionally and physically. This can be of great assistance when it comes time to show the effects of the accident.

Spouse’s Damages: Loss of Consortium

Even if the spouse of the motor vehicle accident victim was not in the car at the time of the crash, the spouse may also be experiencing a loss. Almost every state recognizes the claim of loss of consortium. Loss of consortium refers to the negative effect the accident has had on the marital relationship. The marital relationship generally comes with certain benefits, such as companionship, comfort, assistance, sexual relations and affection; the loss of consortium can be temporary or permanent.

Auto Insurance

It is most often the case that auto accident victims who recover in court or via a settlement are paid by the other driver’s insurance company. If the other driver is uninsured or underinsured, however, the accident victim must pursue other means of recovery.

The insurance policy of the victim may have an uninsured-motorist or underinsured-motorist provision that will compensate the victim. Other types of insurance policies, available through the victim’s spouse or employer, may also provide benefits. How significant a benefit and whether it is available depends, of course, on the specifics of the policy itself.

Amount of Financial Recovery

The level of damages to which the auto accident victim may be entitled depends on numerous factors. State law, the victim’s injuries, proving the facts of the case and even the victim’s own actions can come into play. So can the type and length of medical treatment, the insurance coverage of each party, the effect of the accident on the victim’s income and the permanence of the injuries. This is why an experienced attorney can be such a strong ally in planning the case and assessing damages.

Contact an Attorney

A motor vehicle accident can have catastrophic consequences, both for the victim and the victim’s family. Contact an attorney at Bogani & Robes in Delray Beach, Florida, to discuss your legal options.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Insurance Claim Dos and Don'ts

When you need to make an auto insurance claim, you should proceed with care. Your actions may have a significant influence on the amount of compensation you receive. Contact an attorney to learn more.


When you need to make an auto insurance claim, you should proceed with care. Your actions may have a significant influence on the amount of compensation you receive. Contact an attorney from Bogani & Robes in Delray Beach, Florida, to learn more.

The Dos

DO consult an attorney for legal advice.

DO review your insurance policies to find out what is covered and what is excluded.

DO notify your insurance company right away after you are in a car accident, your car is stolen or damaged or another such covered event takes place.

DO take pictures if you can: of your vehicle, the accident site and your injuries.

DO take notes when you speak with your insurance company. Make a record of the names, job titles and phone numbers of the representatives with whom you communicate. If you can, get the names of their supervisors, too. Note what you discussed and what you or the representative promised to do.

DO tell your insurance company the truth. Not only does this save everyone a lot of time and effort, but questions of legal liability can be complex. If you fail to be forthcoming with your insurance company, this could invalidate or reduce your coverage.

DO investigate whether you have additional insurance coverage. Depending on the circumstances, supplemental coverage may come from another auto insurance policy, a homeowner’s policy or umbrella coverage.

DO keep the receipts for money you’ve spent on car rental, medical bills and purchases made in connection with the motor vehicle accident.

DO make sure you’re aware of the difference between the replacement value of your car and what you actually owe on the car. If the car is totaled, most car insurance will cover only the cash value of your car at the time of the accident. You may owe more than that, however, on the loan or the lease of the car. Gap coverage makes up for this difference. Additional coverage is usually necessary for things like a special sound system in your car.

The Don'ts

DON’T accept the insurance company’s estimate of your losses and damages until you have a chance to fully explore the matter yourself. An attorney’s help can be valuable in determining whether the insurance company’s estimate is fair.

DON’T give the insurance company a recorded or written statement until you have determined how you wish to proceed. It is important to be aware of the extent of your insurance coverage and your rights.

DON’T sign a release or waiver until you have gotten reliable legal advice. You may feel pressure to sign from your insurance company, but it is your right to explore your options. Just make sure that you take appropriate action within the time limit stated in your insurance policy.

DON’T accept a check from your insurance company — especially one that says “final payment” — unless you have obtained legal advice and carefully weighed your options.

DO Consult an Attorney

Your insurance company is legally obligated to follow through on the terms of its contract with you. You have the right to make sure that happens. Contact an attorney who will offer you support, guidance and advocacy. Speak with a lawyer from Bogani & Robes in Delray Beach, Florida, to discuss your situation.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Uninsured and Underinsured Motorists

When a driver refuses or is unable to carry proper motor vehicle insurance, that driver puts more than just him- or herself at risk. If the driver injures another person, the insurance will be inadequate to cover the damages. Injured parties, however, may be covered by their own insurance policies; uninsured and underinsured motorist coverage protects accident victims in these cases. If you have been involved in an accident with an uninsured or underinsured driver, it is important to contact an attorney to create a plan of action.


When a driver refuses or is unable to carry proper motor vehicle insurance, that driver puts more than just him- or herself at risk. If the driver injures another person, the insurance will be inadequate to cover the damages. Injured parties, however, may be covered by their own insurance policies; uninsured and underinsured motorist coverage protects accident victims in these cases. If you have been involved in an accident with an uninsured or underinsured driver, it is important to contact an attorney at Bogani & Robes in Delray Beach, Florida, for assistance.

Uninsured Motorists

Even if your state requires all drivers to carry auto insurance, the driver who injured you or your passenger may not have had insurance. Or you may have been hurt in a hit-and-run accident, making it impossible to identify the driver at all.

This is when uninsured motorist coverage will step in to protect your interests. Many states require auto insurance companies to offer uninsured motorist coverage. If your insurance company offers uninsured motorist coverage, and you chose to include it in your policy, then your insurance company will act as if it were the at-fault driver’s insurance company in compensating you.

When you file an uninsured motorist claim, your insurance company’s interests can be adverse to your interests. Consulting with an attorney before filing a claim is wise.

Underinsured Motorists

When the at-fault driver is underinsured, this means that the driver has purchased an auto insurance policy that does not provide enough coverage for your damages. If you have underinsured motorist coverage, you may be able to collect, from your own insurance company, the amount of your damages that exceeds the at-fault driver’s insurance coverage.

Collecting Insurance Benefits

To recover benefits under an uninsured or underinsured motorist policy, the victim typically will need to show that the other motorist was at fault. The victim will also need to prove that his or her bodily injuries were significant. To collect benefits under an underinsured motorist policy, the victim will need to collect as much as possible from the at-fault driver’s insurance company first.

Stacking Insurance Coverage

In some states and under some insurance policies, an injured party may “stack” various policies to reach a satisfactory level of compensation. By stacking coverage from more than one auto insurance policy — or coverage for more than one car on a single policy — the injured party increases monetary recovery. Stackable coverage is not allowed in every state; in some cases, the insured must choose to have stackable coverage upon purchasing the policy.

Contact an Attorney

Uninsured and underinsured motorist coverage protects accident victims when they are most vulnerable. Not every policy has such coverage, however, and the victim’s approach to the situation can change the level of compensation he or she receives. Indeed, some rules do not require the victim’s insurance company to pay the victim if the victim settles prematurely with the at-fault motorist’s insurance company. This is why it is so important to work with an experienced attorney from Bogani & Robes in Delray Beach, Florida.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

No-Fault Insurance

When a driver has been in an accident, no-fault auto insurance allows the driver to collect from his or her insurance company no matter who was at fault. Not every state has a no-fault insurance structure, but those that do have very specific laws governing when, how much and for how long the injured party may collect. Consult with our attorneys to discuss how your state views fault and to determine how the laws may affect your right to recover damages for injuries.


When a driver has been in an accident, no-fault auto insurance allows the driver to collect from his or her insurance company no matter who was at fault. Not every state has a no-fault insurance structure, but those that do have very specific laws governing when, how much and for how long the injured party may collect. Consult with an attorney from Bogani & Robes in Delray Beach, Florida, to discuss how your state views fault and to determine how the laws may affect your right to recover damages for injuries.

How No-Fault Insurance Works

No-fault insurance is a system in which auto insurance pays benefits the insured driver in case of an accident. The insurance compensates the insured driver for monetary losses, no matter who was at fault. This is contrary to systems in which the at-fault driver’s insurance company must pay the bulk of the compensation after an investigation and determination of fault by the insurance companies or the courts.

The system is designed to streamline the process of payments to injured people and to lower the burden on the courts. Under the no-fault insurance system, it can be more difficult to sue an at-fault driver for damages; the insured typically must have been quite seriously injured in order to take such legal action. On the other hand, monetary recovery for the insured is more certain under no-fault insurance because the compensation is immediately available through the insurance policy of the injured party. No-fault insurance policies often have a cap on the compensation they will pay.

The no-fault insurance system prevents injured parties from receiving a windfall due to the accident, but it also ensures compensation no matter who caused the accident. In a no-fault state, the other driver will also receive compensation from his or her insurance company if that driver sustained certain economic losses. The specifics of no-fault insurance laws vary widely by state.

Personal Injury Protection (PIP)

If you have a no-fault insurance policy, it is probably called a personal injury protection (PIP) package. PIP insurance pays for the medical expenses of the insured driver and the passengers who were injured in an auto accident. PIP insurance typically covers things like medical bills, wage loss and funeral expenses, but not pain and suffering or vehicle damage. This varies by state and particular insurance policy. The PIP packages have limits on what they will pay.

Speak with an Attorney

How you handle the situation after a motor vehicle accident can make a significant difference in your monetary recovery. Dealing with insurance companies can be especially tricky. In addition, the no-fault and fault insurance systems vary widely by state. Speaking with an attorney from Bogani & Robes in Delray Beach, Florida, will help to clear up the confusion these systems can cause.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

What to Do If You Are in an Accident

When you are in an accident, you have immediate, important decisions to make. For the crucial decisions you have to make later on, our attorneys will provide you with the advice you need.


When you are in an accident, you have immediate, important decisions to make. For the crucial decisions you have to make later on, consult with an attorney from Bogani & Robes in Delray Beach, Florida.

Immediately After the Accident

If you have been involved in a motor vehicle accident, the first thing you need to do is stop your car or truck; pull over to the side of the road if you can. Most states make leaving the scene of an accident a crime.

Check to see whether you or your passengers have been injured. See if the occupants of the other vehicle(s) are okay, too. If anyone is injured, call an ambulance; it is usually best not to move an injured person yourself. Prevent additional injuries by making your vehicle visible: set out flares, turn on your hazard lights or raise the hood of your vehicle.

States have different rules about when people who have been in accidents need to call the police. To be on the safe side, you may want to call any time you are in an accident. The police will decide whether they need to come to the scene.

Meanwhile, exchange information with the other driver. Write down the driver’s name, address, telephone number, license plate number, driver’s license number and full auto insurance information. Give your information to the other driver, too.

If anyone witnessed the accident, try to get their identifying information. In addition, make note of the circumstances of the crash and anything unusual that you noticed. Record the weather conditions, the speed limit on the road, your speed at the time of the crash, your estimate of the other driver’s speed and other such elements. This will be important if the case ends up in litigation or an insurance dispute.

Do not admit fault. The determination of fault, if any, will be made later. For now, focus on safety and proper accident procedures. Do not sign any waivers offered by the other driver or the insurance company.

When the Police Arrive

Cooperate with any police officers who are at the scene of the accident. Provide them with whatever information they request, including information on injuries and witnesses, but avoid making editorial comments or admitting responsibility for what happened. Legal liability is complex, and you may not have the facts you need to determine who was responsible for the accident.

Make sure to get the business cards of the police officers who investigate. Ask for the incident number, too, so that you can get a copy of the accident report (and so that you can give this information to your insurance company). Do not leave the scene of the accident until the police officers tell you that it is okay to do so.

Soon After the Accident

Even if you are in minor pain, it is best to be examined by a physician. Injuries may not truly show themselves until later, and early treatment can prevent significant pain or other damage. In addition, an insurance company could argue that your failure to seek medical treatment aggravated your injury, or even that your injury did not arise from the accident at all.

Contact an Attorney

When you consult with an attorney, bring all of your automobile insurance information with you. Do not sign any documents or checks from an insurance company before you speak with the attorney. Document all of the costs related to the accident, such as renting a car, lost wages, medical bills and other costs. An experienced attorney from Bogani & Robes in Delray Beach, Florida, can help you sort out all the losses related to your accident.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Motor Vehicle Accidents Resource Links

National Highway Traffic Safety Administration (NHTSA)
The NHTSA is a government agency dedicated to making American roads safer for travelers.

National Safety Council
The National Safety Council, a nonprofit organization, provides links and articles on topics like seat belt use, safe driving for teenagers and reducing motor vehicle crashes.

US Department of Transportation (DOT)
The Department of Transportation is a federal agency focusing on policy and lawmaking to ensure safer US travel.

MedlinePlus: Motor Vehicle Safety
This Web site, from the National Library of Medicine and National Institutes of Health, offers information on preventing motor vehicle crashes, stating that about every 12 minutes, someone in America dies from a motor vehicle accident


Resource Links

National Highway Traffic Safety Administration (NHTSA)
The NHTSA is a government agency dedicated to making American roads safer for travelers.

National Safety Council
The National Safety Council, a nonprofit organization, provides links and articles on topics like seat belt use, safe driving for teenagers and reducing motor vehicle crashes.

US Department of Transportation (DOT)
The Department of Transportation is a federal agency focusing on policy and lawmaking to ensure safer US travel.

MedlinePlus: Motor Vehicle Safety
This Web site, from the National Library of Medicine and National Institutes of Health, offers information on preventing motor vehicle crashes, stating that about every 12 minutes, someone in America dies from a motor vehicle accident.

Teen Driver Safety Series
This article, from a car-evaluation Web site, explores the dangers of teen driving and suggests ways of making it safer.

Auto Insurance Information
The Insurance Information Institute answers questions and disseminates information on auto safety, auto insurance, teenage drivers and more.

Drive Defensively
The state of Delaware offers this primer on defensive driving, discussing factors such as weather, speed limits and parked vehicles.

Nine Ways to Lower Your Auto Insurance Costs
The Federal Citizen Information Center (FCIC) provides information on steps you can take to obtain a lower auto insurance rate.

Insurance Institute for Highway Safety / Highway Loss Data Institute
These organizations focus on studying and preventing highway motor vehicle accidents.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.


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