Miami Car Accident Lawyers

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4.7 (168 reviews)

Law Offices of Feldman, Baron & Ventura

Car Accident
Brain Injury
Truck Accidents
Slip And Fall
Free consultations

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4.8 (366 reviews)

Uriarte Law P.A.

Car Accident
Motorcycle Accident
Truck Accidents
Uber Accident
Bicycle Accident
Pedestrian Accidents
Free consultations

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4.8 (44 reviews)

Law Offices of Kirshner, Groff & Diaz

Car Accident
Truck Accidents
Slip And Fall
Bicycle Accident
Free consultations

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5 (196 reviews)

Jimenez Mazzitelli Mordes

Car Accident
Free consultations

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5 (173 reviews)

BK Law

Car Accident
Product Liability
Brain Injury
Workers Compensation
Free consultations

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4.9 (330 reviews)

Perez Mayoral, P.A.

Car Accident
Premises Liability
Wrongful Death
Truck Accidents
Free consultations

The first moments following a car accident can be overwhelming. However, the coming days and weeks can be just as stressful and confusing as you start to look toward the future. A Miami car accident lawyer can help ease the burden.

Contact CarAccidentAttorney.com Today to Connect With Miami Car Accident Lawyers 

CarAccidentAttorney.com is an attorney and medical referral service. Instead of going through the trouble of seeking out a Miami car accident lawyer who is ready to take your case, we can help you find an experienced car accident attorney at a reputable personal injury law firm. You can discuss the many details of your situation and learn all about what you can expect from your car accident claim directly from a Miami car accident attorney.

Take a look below at some of the most important steps after motor vehicle accidents, and contact CarAccidentAttorney.com to find a personal injury lawyer in Miami-Dade County.

This free consultation with a Miami car accident lawyer is a great opportunity for personal injury victims to get a better sense of what personal injury cases entail. They will also learn how an experienced personal injury attorney can help them fight to recover compensation using their experience of Florida personal injury law.

Miami Car Accident

Steps to Take After Miami Car Accidents

Taking the following steps after motor vehicle accidents can help injury victims protect their health and their rights to compensation: 

Take Stock of Your Situation

One of the best things you can do for yourself is to take a moment to gather your thoughts, inspect your car accident injuries, and check your passengers to see if they have been hurt. Try to keep as calm as possible, as you may have suffered a serious injury, whether or not it is immediately apparent.

Call 911

Ensure that the authorities are on their way — whether you or another person on the scene calls them. If you make the call, be sure you do not admit fault for the accident. As soon as you alert the operator to your car crash, they will dispatch Miami police and EMTs.

Get Medical Attention At the Scene

The most important thing for car accident victims to do is to prioritize their health from the moment they are involved in Miami-Dade County motor vehicle accidents. Refusing an ambulance or additional treatment can lead to more pain and suffering, which may, in turn, lead to more medical bills. If you are injured in a car accident, be certain to get all the care you require

Provide and Gather Necessary Information

If you are able, you should speak with law enforcement officers on the scene to share your side of the story so they can complete an accident report. In certain situations like drunk driving accidents, there may be an arrest or citation that may help your car accident attorneys fight for a fair settlement for your injuries.

If you can, collect the following information in writing or on your phone:

  • The name, address, and phone number of the other driver
  • The other driver’s insurance company and policy information
  • Pictures of the vehicles involved, particularly the other car’s license plate
  • General details of the crash, including the events leading up to the crash, such as your speed and direction
  • The type of property damage the crash caused
  • The names and phone numbers of any witnesses 

Follow Up With Your Primary Care Physician

Your doctor should be alerted about the initial medical treatment you received, but you should follow up with them regardless. This step is more important for those who didn’t suffer serious injuries and may not realize the importance of medical records for their personal injury claim. Make sure that you are in close contact with your doctor.

Follow Up On Your Police Report

Police on the scene will write up a report detailing what happened and possibly offer their perspective on who is at fault. This report will be essential to your claim. Contact the police department after a few days to request a copy of the report.

Call CarAccidentAttorney.com to Connect With a Miami Car Accident Lawyer

Accident victims should call CarAccidentAttorney.com for help finding a personal injury lawyer so you can pursue maximum compensation after your car accident. The moment an insurance adjuster takes over your accident claim, they will be looking for any reason to limit your settlement amount. Insurance agents are skilled in handling car accident cases, but they work on behalf of their employer, not the car accident victims. A personal injury lawyer, on the other hand, works for accident victims. You deserve a car accident attorney from a proven law firm to fight for your best interests.

Miami Car Accident Statistics

There have been hundreds of thousands of motor vehicle crashes in the Sunshine State in recent years. Florida saw 401,867 car accidents in 2019, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Of those 401,867 motor vehicle accidents, there were 3,185 fatal car accidents. Statistics show the risk of an auto accident in Florida is among the highest in the United States, so drivers are warned to remain alert and always drive defensively to avoid car accidents when possible.

Stay Alert to Avoid Car Accidents

Remaining alert when driving remains one of the best means of avoiding a car accident in Florida. Just one second can mean the difference between a life or death accident, so drivers are encouraged to remain focused on the road and not to text and drive. Talking on the phone while driving is illegal in 22 states and territories. Distracted driving is dangerous, even if phones are not involved.

Distracted Driving: A Serious Issue

According to the CDC, over 3,000 people were killed in accidents caused by distracted driving in 2019, and 400,000 accidents across the country involved this dangerous behavior. If you are involved in a motor vehicle accident, don’t be just another statistic: contact CarAccidentAttorney.com as soon as possible to find experienced Miami car accident lawyers in your area. 

Be Aware of the Florida Statute of Limitations

Florida Statutes set the rules regarding car accidents and other personal injury claims. The law explains that a person has a limited amount of time to file a lawsuit concerning an accident, making it important to contact an attorney immediately. In most cases, a car accident victim has two years from the date of the accident or the date the car accident injuries were first identified. 

Types of Car Accidents

The following are some of the common types of car accidents that occur on Miami roads: 

Rear-End Collisions

This is the most common cause of vehicle collisions. The driver in the back is almost always at fault. It usually happens in the city’s heavy traffic, especially on highways like I-95.

Front-End Collisions

When a driver crosses the center line on a two-lane road, the result can be a front-end collision. Also known as head-on collisions, these are often fatal.

T-bone Accidents

These happen at intersections. One car hits the side of another, forming a “T.” Miami’s busy intersections, like those in Downtown and Brickell, are common spots for T-bone accidents. Side airbags can reduce the risk of injuries, but expect anything from whiplash to fractures.

Sideswipe Accidents

When two cars going in the same direction graze each other, it’s called a sideswipe. These are common on Miami’s multi-lane roads. While usually less severe, they can cause the driver to lose control of their motor vehicle.

Multi-Car Pile-Ups

The name says it all. These pileups involve more than two automobiles crashing into each other and can happen on congested highways, especially when the weather is bad.

Rollover Accidents

These occur when a vehicle flips onto its side or roof. If a driver is speeding, takes a sharp turn, or collides with another vehicle or object, their risk of rolling over goes up. Sadly, catastrophic injuries often result from this type of auto accident. 

Single-Vehicle Accidents

A Miami Dade county law firm will tell you that some accidents don’t involve another driver at all. When a driver loses control of their vehicle because of things like potholes, icy roads, distracted driving, or failed brakes, it’s known as a single-vehicle crash. The car may hit a tree, or guardrail or go off the road entirely.

Chain-Reaction Accidents

These are similar to multi-car pileups but are generally initiated by one key event that causes several motor vehicles to collide in a chain-like sequence. Heavy traffic conditions or poor visibility situations are often the culprits.

Cross-Traffic Accidents

These occur when a car or a truck traveling across lanes of traffic is hit by another vehicle. This can happen when a driver is making a turn across oncoming traffic and misjudges the speed or distance of an approaching vehicle.

Off-Road Accidents

These are quite common on roads where there are a lot of trees, big rocks, or fences. A car leaving the roadway can crash into any number of man-made or natural obstacles if the driver is not careful.

Merging and Lane Change Accidents

These happen when a car moves into a lane occupied by another vehicle, often due to failure to check blind spots or misjudging the speed of other cars.

Common Causes of Car Accidents

Knowing what can go wrong can help you avoid becoming a car accident victim. Here are some of the common causes of car accidents in Miami:

Distracted Driving

Distracted driving — texting, calling, eating, adjusting the radio, or doing any other behavior that takes your attention from the road — is the leading cause of traffic accidents in the country. The NHTSA says that if you are looking at your phone for just five seconds at 55 mph, you have traveled the length of a football field blindfolded.

Speeding

Highways like the Palmetto Expressway in Miami are notorious for speeding. Going too fast reduces the drivers’ reaction time and increases the severity of car wrecks. So, even if others are zooming past you, try to adhere to the speed limit.

Drunk Driving

As lively as this city’s nightlife is, you’d think people would make plans on how they will get home before getting drunk. Unfortunately, many of them don’t. The state reports over 32,000 DUI arrests every year.

Weather Conditions

Hydroplaning is common following rain storms as the roads become slippery within seconds. If drivers don’t slow down and increase the distance between them and the vehicle in front of them, they face a higher risk of crashing.

Running Red Lights

Busy spots like the intersection at NW 27th Avenue and 7th Street see a lot of red-light running. This bad habit often causes crashes where one car slams into the side of another. The Insurance Institute for Highway Safety (IIHS) reported 1,109 fatalities and 127,000 injuries solely because of negligent drivers running red lights. These drivers don’t just hit other vehicles; they crash into pedestrians, bicyclists, and bikers as well.

Tailgating

Rear-end crashes, which occur mostly because of tailgating, make up nearly 29% of all traffic accidents. They happen when one car follows another car too closely. If the front car stops suddenly or slows down, the car behind doesn’t have enough time to stop and crashes into the back of the front car. These are also common in busy cities like Miami due to heavy traffic congestion.

Poor Road Conditions

Potholes, wet roads, uneven road surfaces, missing road signs, lack of proper lighting, and other hazards also contribute to many collisions, especially when the driver is not paying full attention to the road.

Special Situations in Miami Car Accident Claims

Due to unique legal complexities, unavoidable car accidents in Miami require a different approach to pursuing injury claims. These situations require strategic handling by the best car accident lawyer in Miami, as typical claim processes may need to address the added challenges adequately. 

Catastrophic Injury Car Accidents

  • Long-Term Medical Needs: Catastrophic injuries like traumatic brain injuries require lifelong care and treatment. An experienced car accident lawyer may hire medical experts to estimate these future costs for adequate compensation.
  • Income Loss: Such injuries can prevent Florida accident victims from returning to work. Economic experts help calculate lost earning capacity, factoring in potential career progression and cost of living.
  • Lifestyle Adjustments: Life-changing injuries may demand home modifications, assistive devices, and in-home care. These essential accommodations should be calculated in the damages claim against the negligent driver.

Wrongful Death in Car Accidents

  • Family Compensation: Surviving family members may claim lost income, funeral costs, and emotional suffering due to the deceased’s absence, compensating for both financial and emotional losses.
  • Companionship Loss: Florida law permits compensation for lost companionship and parental guidance. Quantifying these damages requires solid legal support to secure a fair settlement.
  • Strict Filing Deadlines: Florida’s wrongful death claims must be filed within two years of the accident, emphasizing the need for timely legal action to protect the family’s rights.

Car Accidents Involving Pedestrians

  • Severe Injuries: Pedestrian accidents typically cause severe harm, including fractures and head trauma. Proper documentation of medical costs and future care needs is vital for a strong claim in these types of Miami car accident cases.
  • Right-of-Way Rules: Establishing liability requires understanding right-of-way laws. A Miami car accident attorney must investigate driver negligence and any roadway design issues contributing to the accident.
  • Insurance Complexities: Pedestrians may face challenges navigating auto insurance policies. Experienced car accident lawyers can help identify and pursue applicable coverage to cover extensive medical expenses.

Car Accidents Involving Bicycles

  • High-Risk of Injury: Bicyclists face a high risk of severe injuries, from broken bones to spinal cord damage. Claims should account for current and projected long-term medical needs, including post-traumatic stress disorder (PTSD), if applicable.
  • Liability Determination: Determining fault requires examining road rules for bicyclists and motor vehicles, particularly in shared lanes or intersection accidents.
  • Insurance Claim Hurdles: Navigating both auto and health insurance is essential, as cyclists often face complex claim denials or coverage limits. Legal guidance is critical for maximizing compensation.

Car Accidents Involving Teenage Drivers

  • Driver Inexperience: Teens may need more experience to respond appropriately in traffic, increasing accident risk. Their inexperience can affect how liability and negligence are assessed.
  • Parental Liability: Parents may be held liable if they own the vehicle or permit the teen to drive, especially in cases of reckless behavior, such as drunk driving accidents.
  • Insurance Rate Implications: Claims involving teenage drivers may impact future insurance rates, so negotiation is vital to limit unnecessary premium hikes for families.

Injuries to Children in Car Accidents

  • Specialized Medical Care: Children require different medical treatment than adults. When calculating long-term medical costs, one must consider their growth and future needs.
  • Emotional Trauma: Children can suffer lasting psychological effects from an accident and severe injury, necessitating claims for counseling and mental health support.
  • Guardianship Considerations: Parents or guardians must handle the claims on behalf of children with legal assistance from an auto accident lawyer in Miami.

Injuries to Passengers in Car Accidents

  • Multiple Liability Sources: Passenger claims may involve one or multiple drivers, requiring a careful investigation to determine liability and secure fair compensation.
  • Coverage Conflicts: Passengers might encounter insurance disputes when filing under the driver’s policy, necessitating legal intervention for claim acceptance.
  • Non-Driver Status: Passengers usually experience less resistance in proving non-fault, but they still need adequate representation to cover all damages in South Florida.

Out-of-State Vehicle Accidents

  • Insurance Differences: Out-of-state drivers may have different insurance limits and coverage laws, requiring specialized claim adjustments to meet Florida standards.
  • Jurisdiction Issues: Miami personal injury lawyers must navigate cross-state legalities to ensure that claims are handled appropriately under Florida law.
  • Higher Claim Complexity: Out-of-state accidents may involve additional documentation, such as proof of residence and insurance verification, to support claims.

Accidents Involving Borrowed Vehicles

  • Insurance Coverage Limits: When driving a borrowed car, the owner’s insurance policy typically applies first, which may complicate or limit compensation options.
  • Owner Liability: The vehicle owner may share liability, especially if they knowingly allowed an unsafe driver to use the car.

Insurance Coordination: Navigating complex insurance claims in these cases involves both the owner’s and driver’s policies. Uninsured motorist coverage may also be involved in some cases.

Common Car Accident Injuries

No matter how careful you are while driving, the negligence of another driver can still cause an auto accident, resulting in one or more injuries. Personal injury lawyers speak to injury victims every day who are dealing with:

  • Spinal cord damage
  • Traumatic brain injury
  • Concussion
  • Skull fracture
  • Broken ribs
  • Fractured collarbone
  • Dislocated shoulder
  • Whiplash
  • Knee injuries
  • Internal bleeding
  • Facial lacerations
  • Punctured lung
  • Crushed pelvis
  • Torn ligaments
  • Herniated disc
  • Burn injuries
  • Eye injuries
  • Foot fractures
  • Hand fractures

How Does Florida’s No-Fault Insurance Work?

The auto insurance industry in Florida follows a “no-fault” system, which means if you get into an accident, your own insurance will cover your medical bills and other costs, no matter who caused the accident. This is different from states where the person who caused the accident has to pay for everything.

Every driver in Florida is legally required to have Personal Injury Protection (PIP) insurance. This PIP coverage pays for 80% of your medical expenses and 60% of your lost wages up to a limit — either $2,500 or $10,000. If the physician you go to determines that you have an “emergency medical condition”, you may be eligible for the full $10,000 PIP benefit. If not, the PIP coverage is capped at $2,500.

What Is an Emergency Medical Condition Under Florida Law? 

An emergency medical condition refers to any sudden health issue which requires immediate care. If not, it could:

  • Put your health in serious danger;
  • Cause important body functions to not work properly; or
  • Compromise the health of vital organs in the body

If your costs go above the capped limits, you will have to pay out of your own pocket or use your health insurance. Of course, you can also hire a Miami car accident attorney and sue the other driver if they were at fault.  

There is one caveat. You must seek medical attention within 14 days of the accident to be eligible for PIP benefits. If you don’t, you could lose your right to these benefits. Also, PIP only covers a qualified medical provider such as a physician, physician assistant, advanced registered nurse practitioner, osteopathic doctor, chiropractor, and dentist. Emergency medical services are also covered.

The 14-Day Rule in Florida for Motor Vehicle Accident Claims

As per Florida law, if you don’t see a doctor within two weeks after your car accident, your PIP insurance won’t pay you a dime. It doesn’t matter if you start feeling severe back pain and go to the hospital on the 15th day. This is why Miami car accident attorneys recommend you see a doctor right away, even if you feel at the time your injuries are minor. Your personal injury lawsuit may eventually depend on it.

While this strict rule is primarily designed to encourage people to get the necessary care as soon as possible, it also prevents fraudulent claims. The idea is that if you are really hurt, you will see a doctor right away. This also helps insurance companies manage costs by setting a specific time frame for claims.

Make sure to get checked out by qualified healthcare professionals within 14 days even if you feel absolutely fine. With some injuries, like whiplash and internal injuries, symptoms don’t show up right away.

There’s a legal implication as well. If you don’t get a thorough health evaluation within this time window, it can affect any future personal injury lawsuit you may want to file. The insurance provider or the defendant can argue that your injuries were not serious enough or were not directly related to the accident as you did not go to an emergency room or consult a doctor, and thus your car accident lawsuit should be thrown out.

If you have been hit on the road, you have got a lot on your plate. A Miami car accident lawyer can be helpful during this time. They can help make sure you don’t miss out on the money you are entitled to just because you didn’t see a doctor in time. If you need help with finding a personal injury law firm in Miami to represent you, get in touch with CarAccidentAttorney.com.

Dealing with Insurance Adjusters After a Car Accident in Miami, FL 

If you have been involved in a car accident that was someone else’s fault, you have the right to seek compensation. The most common way to receive compensation is to file a claim with the at-fault party’s auto insurance company, which will likely assign an insurance adjuster to your case. They will evaluate your case to determine the extent of liability and the appropriate amount of compensation to offer.

Insurance adjusters are trained to minimize the payout of their company. While they might be concerned about your well-being, their top priority is to protect the interests of their employer. This means they will try different methods to reduce the payout. In some auto accident cases, they may even resort to bad-faith tactics. 

Insurance adjusters may try to pressure you into accepting a lowball offer by emphasizing the urgency of resolving the claim quickly. They might also downplay your injuries making you feel that you should accept the offer on the table. However, if you do not carefully review the offer, you may not recover the full and fair compensation you deserve for your suffering. 

Another commonly used tactic is to unnecessarily delay the car accident claims process in an attempt to frustrate you into accepting a lower settlement. Car accident victims are often facing financial burdens so any financial assistance seems like a relief; however, in the long term, you may be left with expenses that exceed the settlement amount. For example, traumatic brain injuries may require lifelong care and it can add up to a substantial amount over the years. 

How a Miami Car Accident Lawyer Can Help You

To ensure you get maximum compensation for your suffering, you should engage an experienced car accident attorney early in the process. The attorney can help you in all legal matters related to the case, including handling communication with the insurance company, gathering evidence, and representing you in court.

An experienced attorney is well-versed in local and state personal injury laws that apply to Miami car accidents and can use their legal expertise to guide you on your rights and responsibilities. Additionally, they can assess your case to suggest your best legal options.  

While your attorney handles the legal complexities of your case and takes some of the weight off your shoulders, you can focus on recovering from the accident and getting your life back on track.

Frequently Asked Questions From Car Accident Victims

The following are just a few of the many questions an experienced Miami personal injury attorney can answer for you. The sooner you contact CarAccidentAttorney.com, the sooner you will be able to connect with a Miami personal injury attorney.

Can I settle a Miami car accident case with the other driver?

Though it may be tempting to avoid the hassle, there’s too much risk involved in this option. The other driver may change their mind after agreeing to settle directly, and any inconsistencies or the lack of a crash report may mean that you are left paying for a serious injury or for the damages that someone else caused.

How much will my personal injury claim be worth?

Don’t let Miami personal injury lawyers make promises in regards to car crash compensation. There are no set settlement packages for personal injury cases including car accidents. This is because each one varies according to the injuries suffered, the total amount of medical bills for a minor or serious injury, lost wages, and the wide range of intangible non-economic damages. Car accident lawyers are experienced at recognizing, cataloging, and quantifying economic and non-economic damages and will discuss them during your free consultation.

Should I accept a settlement offer from the insurance company?

In personal injury cases, insurance providers focus on remaining profitable while resolving legal matters against their clients. The first settlement offer to a victim is meant to capitalize on their fear and anxiety as medical bills for a serious injury and lost wages continue to mount. Under no circumstances is it advisable to accept a settlement offer from an insurer without first consulting with personal injury lawyers who handle car accident cases about your unique situation.

If I am partially responsible for the crash, am I entitled to any compensation?

Florida law has a statute known as “pure comparative fault” for personal injury claims. Under this rule, the final award is reduced proportionately to the amount of fault the victim contributed, meaning that 10% fault and a $100,000 settlement agreement would result in a final award of $90,000. An experienced car accident lawyer can ensure that the final fault reflects your car accident case.

When should I hire a car accident attorney?

You should hire a Miami car accident attorney as soon as possible after a collision. Once a car accident lawyer takes on your claim, you can focus on your recovery without taking on the additional stress of the insurance claims investigation and proving the liability of the defendants.

What if my premiums go up?

Under Florida car accident law, it is illegal for your insurance company to increase your insurance coverage premium unless you were at fault for the accident. It is important to note that if your insurance company finds out you violated their contract by not reporting an accident you were responsible for, they may revoke your coverage completely.

Do I need to work with a personal injury law firm if my injuries aren’t that severe?

After an accident, your adrenaline may be pumping from shock, which means you may not notice symptoms of a serious injury for several days. Soft tissue injuries can take weeks before they flare up, and if you wait too long before seeing a doctor, your insurance company may deny your claim. Do not wait to get a medical exam, no matter how minor you believe your injuries are. Consult with Miami car accident attorneys as soon as you can.

Contact CarAccidentAttorney.com – a Law Firm Directory

CarAccidentAttorney.com is a law firm referral service. We can connect you with a personal injury lawyer for legal representation. To schedule a free consultation, call us at 305-440-1177 or contact us online.