As our economy and schools reopen, we begin to see the traffic we are accustomed to. Thus, it is a good time to remember that Driving is a privilege, not a right. Every driver has a legal obligation to act in a manner prescribed by law. Failure to do so can result in an accident.
According to the Florida Highway Safety and Motor Vehicles Department, an estimated 200,000 accidents are recorded in Florida every year. Car accidents due to negligence are one of the greatest causes of deaths and serious injuries in Miami and throughout Florida.
Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”
To prove negligence, the plaintiff (the injured party) must establish the following four main elements:-
- The defendant (the accused party) owes the plaintiff a reasonable duty of care.
All drivers owe a duty of care towards other drivers, passengers, pedestrians and others on the roadway when they get behind the wheel of a vehicle.
- The Defendant breached his or her duty of care.
The breach of care by the defendant is the crux of the personal injury law. It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant.
- The breach of duty by the Defendant caused the accident.
It is not enough to show that the Defendant was negligent, careless or reckless, it has to be established by a preponderance of the evidence that his or her act of negligence was the main cause of the car crash.
- The accident caused compensable damages.
The plaintiff has to establish that he or she suffered damages due to the breach of duty by the Defendant. Damages may include physical injury, pain and injury, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage.
Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of car accidents in Miami and all across Florida.
COMMON CAUSES OF CAR COLLISIONS/CRASHES
Government agencies and car manufacturers work together to ensure road, vehicle and driver safety, yet car accident numbers continue to rise. Some major factors that contribute to car accidents are:-
- Driving under the influence (DUI), Driving while Intoxicated (DWI).
- Texting and driving.
- Falling asleep while driving.
- Failure to obey traffic rules.
- Roadways in a bad condition.
- Construction zone.
TYPES OF COLLISIONS/CRASHES.
The most common types of Car accidents are:-
- Head on collisions.
- Rear end crash.
- Side swipe/impact.
- Hit and run.
- Truck jackknife.
TYPES OF INJURIES SUSTAINED IN CAR COLLISIONS/ CRASHES.
Car accident injuries vary from person to person, and from crash to crash. Most common car accident injuries are :-
- Broken bones and Fractures.
- Facial damage.
- Spinal injuries/ paralysis.
- Traumatic brain injuries.
- Permanent disability.
- Wrongful death.
STATUTE OF LIMITATION FOR FILING A CAR ACCIDENT CASE IN FLORIDA
There are specific time limits, restrictions and rules for filing a accident claim. An experienced car accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for car accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit. However, the statute of limitations on a claim for Uninsured Motorist is five (5) years.
If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida.
It is in the best interests of the plaintiff to enlist the services of a experienced Miami Car Accident lawyer. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.
COMPENSATION FOR VICTIM OF A CAR ACCIDENT IN MIAMI.
Our Miami car accident lawyers seek to get maximum compensation for the victim of a car accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
Several states will not allow a person to recover damages if he or she contributed to, or is more than 50% responsible for his or her own injuries. Florida, being a Comparative Fault State, allows a person to recover damages irrespective of his or her degree of fault. A Court will apportion fault among the parties, and the plaintiff is entitled to recover damages to the extent, he or she is not responsible for causing his or her injuries.
Compensation awarded in car accident claim can help cover medical expenses, long term medical care, and other damages, not covered by Florida Personal Injury Protection Insurance Plans.
Florida is a ‘No Fault’ car insurance state which means that each person’s Insurance Company pays for their own insured’s medical expenses. It is not taken into consideration who was responsible for the accident.
In Florida, In order to recover damages for a personal injury claim against a “at Fault” driver, the injured party must prove he/she sustained a permanent injury. This is done through medical testimony, X-rays, MRI’s, Scarring, etc.
Our Miami Car Accident lawyers help victims recover:-
- Medical Bills.
- Lost Wages.
- Damages suffered due to Pain and Suffering.
- Damages suffered due to Emotional Distress.
- Costs of future corrective surgeries.
WHY HIRE KAIRE & HEFFERNAN ?
Car Accident cases involve complex and intricate legal concepts. Our Miami car accident attorneys possess the ability and skill to access cellphone records, video footage of the crash or of moments leading up to the collision.
Our team of Car Accident lawyers in Miami are experienced at collecting and protecting evidence. They know how to obtain and review medical records and have access to top auto industry experts and medical doctors.
Our team of Miami car accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.
CONTACT A MIAMI CAR ACCIDENT LAWYER.
If you or your loved one has been injured due to the carelessness or negligence of another driver, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Car Accident lawyer at our firm for a free case evaluation right away.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.