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Miami Car Accident Lawyer

One split second on I-95, the Palmetto Expressway, or a busy South Florida intersection can shatter your life. You need fierce, uncompromising advocates who know how to stand up to corporate insurers and win in the courtroom.

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Home » Miami Car Accident Lawyer

Kaire & Heffernan is a premier Miami car accident and personal injury law firm dedicated to helping victims of automobile crashes, truck collisions, motorcycle wrecks, and pedestrian-vehicle accidents recover maximum compensation across Miami-Dade County, South Florida, and throughout the entire state of Florida. Founded by seasoned trial attorneys Mark A. Kaire and David R. Heffernan, our firm combines decades of courtroom experience, exhaustive investigative resources, and a strict direct-access standard—providing every client with direct personal cell phone numbers for round-the-clock availability.

Miami traffic at night showing dangerous driving conditions on major highway

Serving Aventura, North Miami, and Greater Miami-Dade County

Local Knowledge and Legal Assistance Across South Florida

Navigating South Florida’s congested transit corridors—from the Aventura Mall corridor and Biscayne Boulevard to major arteries like I-95, the Palmetto Expressway (SR-826), and the Dolphin Expressway—presents unique hazards. With millions of annual visitors joining year-round local traffic, crashes require immediate, localized investigation.

A serious crash can quickly lead to financial strain, disputed fault, and difficult questions regarding PIP insurance traps, uninsured motorist coverage, and the other driver’s policy limits. Our experienced car accident lawyers guide injured motorists through every stage of their personal injury claim and insurance dispute, ensuring your rights are aggressively protected from day one.

If you were hurt in a car crash in Miami, Aventura, North Miami, Coral Gables, Fort Lauderdale, or anywhere else across the state, this page explains your legal rights under Florida law, the critical evidence issues that impact your case, and the exact steps needed to protect your auto accident claim.

After a collision, insurance companies may investigate promptly. Miami-Dade recorded 60,000 crashes in 2024 (source: Florida Department of Highway Safety and Motor Vehicles), and hit-and-run and uninsured-driver issues are common locally. Insurance companies often start with low initial settlement offers. Our Miami personal-injury attorneys can review the available evidence, assess potential claims, and explain possible next steps.

Uninsured- and underinsured-motorist coverage may provide benefits in some cases involving a hit-and-run driver and/or a driver who lacks insurance or sufficient insurance. In Miami-Dade, 31.7% of crashes are hit-and-run incidents, and 5.3% of motorists were uninsured as of November 2025.

Key Takeaways: Your Legal Rights Under Florida Law

  • Statute of Limitations: Many negligence-based personal-injury claims arising from accidents on or after March 24, 2023, generally must be filed within two years after the cause of action accrues. See Fla. Stat. § 95.11(5)(a).
  • No-Fault Insurance: Florida generally requires motor-vehicle owners to maintain Personal Injury Protection (PIP) coverage. To qualify for PIP benefits, an insured generally must receive initial services and care within 14 days after the accident. See Fla. Stat. §§ 627.730–627.7405.
  • Comparative Negligence: A claimant’s damages are reduced in proportion to the claimant’s percentage of fault. A claimant who is more than 50 percent responsible generally may not recover damages under Florida’s modified comparative-fault statute. See Fla. Stat. § 768.81(6).
  • Uninsured Motorist Protection: UM or UIM coverage may provide benefits when an at-fault driver lacks insurance or sufficient insurance. See Fla. Stat. § 627.727.

Injured in a Car Accident?

Our experienced Miami car accident lawyers are ready to fight for you.

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Representative Case Results

$1,000,000
Motor vehicle accident recovery for a client who suffered a severe rupture of her aorta.
$540,000
Compensation secured for a client involved in a car accident that aggravated a previous eye injury, resulting in a traumatic retinal detachment.
$450,000
Motor vehicle accident recovery for a client who sustained a cervical compression fracture due to commercial trucking negligence.
$350,000
Policy limits recovery for a client injured in a collision while traveling northbound on the I-95 express lanes.
$250,000
Motor vehicle accident recovery for a client who sustained a cervical disc herniation following a rear-end collision.

Past results do not guarantee or predict a similar outcome. Each case is different and depends on its specific facts, evidence, applicable Florida law, and available insurance coverage.

Attorney consulting with injured car accident client wearing arm sling

What Are the Primary Legal Rights of Car Accident Victims in Miami?

Understanding Your Entitlements Under Florida Civil Law

A person injured in a car accident may have a claim for bodily injury and recoverable damages, including compensation for losses caused by a negligent party. Depending on the facts and applicable law, damages may include medical expenses, lost income, property damage, and non-economic damages.

If you have been involved in an accident on South Florida roads, a detailed investigation can reveal who is responsible—whether it is an individual driver, vehicle owner, employer, or another party. The attorneys at Kaire & Heffernan will evaluate your case and fight for the compensation you deserve.

Car crash scene at NE 125th Street and Biscayne Boulevard with K&H yard sign and emergency vehicles

Do You Know What To Do Following A Car Accident?

What to Do If You Get Into a Car Accident Near Aventura Mall or Biscayne Boulevard

A collision near a busy retail area or major roadway can be stressful. If you are involved in a crash, prioritize safety, seek medical care as appropriate, and report the collision as required.

Immediate Steps in High-Density South Florida Corridors

  • Assess Injuries and Secure Safety: Check for injuries and call 911 if anyone may be hurt or there is an immediate safety concern.
  • Report the Collision: Follow applicable reporting requirements and cooperate with responding officers. Request a copy of the crash report via the Florida Highway Safety portal.
  • Gather Evidence Safely: Photograph vehicle damage, license plates, road conditions, traffic signals, and the surrounding scene. Exchange insurance details with the other driver.
  • Communicate Carefully with Insurers: Before giving a recorded statement to another driver’s insurer, consider speaking with our legal team at Kaire & Heffernan.

Don’t Wait — Protect Your Rights Today

Call our Miami car accident lawyers for a free, no-obligation case review.

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Multi-car accident with ambulance and Miami-Dade Fire Rescue responding to scene

How Our Miami Law Firm Can Help You

Navigating I-95 and SR-826 Multi-Car Pileups: Who Is Really at Fault?

Multi-vehicle collisions on highways such as I-95 and the Palmetto Expressway (SR-826) may involve disputed facts and multiple potentially responsible parties. Our Miami injury lawyers can also help with related negligence cases such as fall accidents, premises liability, medical malpractice, and product liability matters.

Deconstructing Highway Chain-Reaction Crashes

  • Comparative Fault Assessment: In a multi-vehicle collision, the parties may dispute how the crash occurred and who was responsible. Relevant evidence may include witness accounts, photographs, vehicle damage, braking evidence, electronic data, and expert analysis.
  • Commercial Vehicle Involvement: When a commercial vehicle is involved, an investigation may include driver records, hours-of-service information (regulated by the FMCSA), electronic logging data, maintenance records, and company materials.

Our Investigation Process

Our forensic team and accident-reconstruction specialists move quickly to preserve and analyze critical evidence—from physical scene measurements to electronic data recorder (EDR) telematics—building the strongest possible case for every client.

Accident reconstruction team measuring highway crash scene with specialized equipment K&H forensic investigation team examining crash scene evidence and police report Legal team analyzing EDR telematics data on large screen for car accident case Legal team reviewing crash fault analysis report for Miami car accident case
Legal team reviewing accident reconstruction analysis on large screen at K&H LLC

How Do Florida’s Comparative Negligence Laws Impact Your Miami Car Crash Settlement?

In Florida negligence actions, a claimant’s damages are reduced in proportion to the claimant’s share of fault. A claimant who is more than 50 percent responsible generally may not recover damages under Florida’s modified comparative-fault statute. Exceptions may apply. See Fla. Stat. § 768.81(6).

The parties may disagree about whether a driver was speeding, distracted, or otherwise negligent. Fault is assessed based on the evidence and applicable law; an insurance company’s position or a police report does not determine the final outcome. Our accident lawyers will challenge an insurer’s fault position and help protect a client’s legal rights.

Attorney explaining PIP insurance flowchart to colleague at Kaire and Heffernan

Why Seek Medical Evaluation Within 14 Days?

Florida’s PIP law generally requires an insured to receive initial services and care within 14 days after a motor-vehicle accident to qualify for PIP benefits. The amount of available medical benefits may depend on whether an authorized medical provider determines that the insured had an emergency medical condition. See Fla. Stat. § 627.736(1)(a).

If you are injured, seek medical attention promptly at local facilities such as Jackson Health System or Baptist Health South Florida. Delayed treatment may complicate the evaluation of an injury and a related insurance claim.

Time Is Critical After An Accident

Florida law imposes strict deadlines. Don’t risk losing your rights.

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Navigating Florida Accidents

Navigating Florida Accidents infographic showing Miami highways danger zones and statistics

Steps Involved In A Car Accident Claim

Incident Investigation

An investigation may include reviewing available crash reports, photographs, witness information, video, vehicle data, and other relevant evidence.

Medical Documentation Review

Medical records, diagnostic imaging, treatment records, and provider opinions may help document injuries and evaluate whether they are related to the collision.

Demand Preparation

A settlement demand may describe the evidence, claimed losses, and requested resolution. Potential damages may include past or future medical expenses, lost income, and non-economic damages.

Negotiation or Litigation

While many personal injury claims can be resolved through negotiations, others demand formal legal action. Insurance adjusters know that Kaire & Heffernan is relentlessly trial-ready.

Commercial truck on highway overpass illustrating truck accident hazards in Miami

Commercial Truck Accidents on I-95

When a commercial vehicle is involved, an investigation may include driver records, hours-of-service information, electronic logging data, maintenance records, vehicle data, and company materials. Such evidence may help evaluate potential responsibility and insurance coverage.

Prioritize safety, call 911 if needed, seek medical care as appropriate, and report the collision. If it is safe, document the scene and preserve relevant information. Our legal team can discuss whether a preservation request is appropriate.

Frequently Asked Questions

1. What is the statute of limitations for filing a car accident lawsuit in Florida?

Many Florida negligence claims for personal injury arising from car accidents must be filed within two years after the cause of action accrues if the claim accrued after March 24, 2023. Claims that accrued on or before that date may be subject to a different deadline. See Fla. Stat. § 95.11(5)(a).

2. Do I still have a case if the police report lists me as partially at fault?

Possibly. A police report is one source of evidence, but it does not decide civil liability. A police report is not admissible at trial. In negligence actions, damages are reduced in proportion to the claimant’s fault, and a claimant who is more than 50 percent responsible generally may not recover. See Fla. Stat. § 768.81(6).

3. Should I speak with the other driver’s insurance adjuster after a crash?

You should consult our legal team before giving a recorded statement to another driver’s insurer or discussing disputed facts. Insurance companies may try to minimize or undervalue claims, which can make legal representation helpful.

4. What types of compensation can I recover after a serious Miami car accident?

Depending on the facts and applicable law, recoverable damages may include medical expenses, lost income, property damage, and non-economic damages such as pain and suffering. Certain legal requirements, insurance terms, comparative fault, and other issues may affect what can be recovered.

5. How long does it typically take to resolve a car accident claim in Miami-Dade County?

The time needed varies. It may depend on the severity of the injuries, disputed liability, insurance issues, negotiations, and whether litigation is necessary. Claims involving serious injuries may take a year or longer. We don’t settle for less, neither should you. The first offer is rarely the best offer.

6. What happens if the driver who hit me has no insurance or flees the scene?

Depending on the facts and available coverage, you may be able to make a claim under your own UM coverage or another applicable policy. Coverage depends on the policy language, statutory requirements, and the circumstances. See Fla. Stat. § 627.727.

7. Why is hiring a local Miami attorney better than a national advertising firm?

Local attorneys such as Kaire & Heffernan are intimately familiar with local courts, area procedures, and regional nuances. Unlike national TV firms that often function as high-volume referral services, a local firm ensures you work directly with experienced trial lawyers who know the South Florida legal landscape inside and out.

8. What does “Personal Injury Protection” (PIP) cover under Florida law?

Florida PIP generally provides 80 percent of reasonable and necessary medical expenses and 60 percent of lost income, subject to the policy limit and statutory conditions. To qualify, an insured generally must receive initial services within 14 days after the accident. See Fla. Stat. § 627.736(1).

9. How much does it cost to retain Kaire & Heffernan for my car accident case?

The firm handles qualifying personal-injury cases under a written contingency-fee agreement. Prospective clients are offered a free consultation when discussing a car accident case. No attorney-client relationship is created unless the firm agrees to represent you.

10. What immediate steps should I take if I am struck by a commercial truck on I-95?

Prioritize safety, call 911 if needed, seek medical care as appropriate, and report the collision. When a commercial vehicle is involved, potentially relevant evidence may include vehicle data, electronic logging information, driver records, and onboard-camera footage. Our legal team can discuss whether a preservation request is appropriate.

Ready to Fight for Your Rights?

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Kaire and Heffernan legal team in conference room with Florida Bar certifications

About Kaire & Heffernan

When you or a loved one is injured in a car accident, experience on the front lines of trial law isn’t just an asset—it is the deciding factor in the outcome of your claim.

Mark A. Kaire and David R. Heffernan offer decades of combined trial experience, fighting directly against major insurance companies to recover over $250 million for accident victims across South Florida.

Car accident claims are rarely simple; they require attorneys who understand the intricate mechanics of vehicle collisions, local traffic corridors, and the aggressive tactics insurers use to minimize payouts.

Having established the firm in 1997, Kaire & Heffernan provides the battle-tested trial strategy required to handle complex auto, motorcycle, commercial truck, and pedestrian collision cases.

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