You’re sitting at a stop light in Miami when someone rear-ends you. Rear-end crashes are far too common, accounting for approximately 30% of all car accidents. In most cases, the rear driver is at fault for the collision, but there are exceptions.
Miami car accident lawyers can help maximize your settlement in a car accident claim after a rear-end crash. Aggressive and knowledgeable rear-end accident attorneys know how to prove fault in these cases and negotiate for the most compensation. If you need help finding a local attorney, contact 1-800-Injured.
What Causes Rear-End Accidents In Miami?
Florida courts have long held a presumption of negligence in a rear-end accident. All Florida drivers are legally obligated to maintain a safe following distance and watch for obstacles and any changes in road conditions. If someone rear-ends you, it is often because they were following too closely. Some common situations where the rear driver is typically found at fault are:
- The rear driver slams into a car in traffic. This is the most common situation and is usually due to distracted driving.
- The rear driver doesn’t see the front vehicle’s brake lights or turn signal and hits that car. This could be from distracted driving or following too closely.
- The rear driver speeds up to make it through a traffic light, assuming the person in front would do the same. This could be charged as reckless driving.
- Poor weather conditions. In rainy weather, the rear driver may need to be farther away from the front vehicle to stop in time.
However, it is only a presumption that the rear driver causes most rear-end crashes. It does not mean every case is the same. Some examples of when the driver in front could be at fault include:
- You swerved suddenly into the other person’s lane and slammed on your brakes
- Your brake lights were not working at the time of the accident
- You stopped in the middle of traffic for no reason
A Miami rear-end accident attorney can review your case and determine who was at fault. While Florida is a no-fault state for most accidents, you can still pursue non-economic damages from the at-fault driver.
What to Do After a Miami Rear-End Accident
After a rear-end accident in Miami, there are several critical things to do from a health and legal perspective. They are:
- Call 911 if anyone is injured in the crash. You are required by law to call for first responders if anyone is hurt.
- Stay at the crash scene. You should never leave the accident scene without the police telling you. Leaving the scene before the police arrive could lead to a hit-and-run charge.
- Collect accident evidence. If you can, gather evidence from the accident scene. Photos and videos of the accident scene, vehicles, and injuries can be helpful to a rear-end accident attorney. You also should obtain the contact details of other drivers and eyewitnesses.
- Call your auto insurance company. Your company expects you to report any accident promptly. Florida is a no-fault state, and you will need to rely on your auto insurance to pay for your damages in most cases.
- Speak to a Miami rear-end accident attorney. Contacting a car accident attorney after a rear-end crash is often essential. Having an attorney represent you could be critical to a fair settlement.
How an Attorney Can Help With Miami Rear-End Accidents
Rear-end accidents can occur at significant speeds in Miami and cause severe injuries. Common injuries include head trauma, spine and back injuries, lacerations and bruises, internal organ damage, broken bones, burns, etc. While Florida drivers must carry at least $10,000 in PIP coverage, you can exceed those limits quickly with serious injuries and medical expenses.
After a serious crash, an aggressive and knowledgeable Miami rear-end accident attorney can step in and represent you. An attorney can review the case and determine if you are eligible to file a personal injury lawsuit for additional damages. Compensation you could receive in a personal injury lawsuit includes:
- Medical costs: Your PIP coverage will cover at least 80% of the first $10,000 in medical bills. But you could need much more care after a serious accident. An attorney could pursue full compensation for surgeries, hospital stays, physical therapy, and rehabilitation.
- Lost earnings: PIP coverage in Florida pays for 60% of lost wages if you can’t work after the accident. But you could be out of work for months or years after a severe rear-end crash. A rear-end accident attorney could get you additional lost wage compensation if you have a temporary or permanent disability.
- Pain and suffering: PIP coverage doesn’t pay for pain and suffering, which can be substantial after a severe rear-end wreck. A car accident attorney in Miami can ensure you are fairly compensated for your mental and physical pain and suffering.
Contact an aggressive rear-end accident attorney in Miami for a free consultation. They can determine who was at fault and, if appropriate, assist you with filing a personal injury lawsuit.
How to File a Rear-End Accident Claim
Florida is a no-fault state for auto accidents, meaning that each driver’s auto insurance pays for their driver’s medical bills, regardless of fault. After a car accident, you would typically contact your auto insurance company and report the accident. You are required by state law to carry at least $10,000 in personal injury protection (PIP) insurance that will cover your initial damages.
However, you can opt out of the no-fault system if your injuries are serious, long-lasting, or permanent. After a serious accident, consult a rear-end accident attorney to determine if suing the driver for significant losses is possible. A rear-end accident attorney can also work with your insurance company to ensure you receive your accident benefits fully and promptly.
How Much Is a Miami Rear-End Crash Worth?
Every rear-end accident is different, as are injuries and how they affect people. There is no way to give a general amount for a rear-end accident. However, several factors may influence the value of a rear-end accident in Miami:
- How much PIP insurance you have: All drivers must carry at least $10,000 in PIP coverage. It may be worth it to have more if an uninsured driver injures you. Drivers who don’t have insurance often have no significant assets to seize in a personal injury lawsuit. Remember, you would have to have a substantial, long-term injury to file a lawsuit.
- How much insurance the other driver has: If you can file a personal injury lawsuit against the liable driver, their coverage could limit your payout. That may be all you can get if they only have $30,000 of bodily injury protection.
- The severity of your injuries: The more severe the rear-end accident injuries, the higher the potential case value. Someone with a broken back from a rear-end crash could need surgeries, hospital stays, and extensive rehabilitation.
An experienced Miami rear-end accident attorney can review your case and give an idea of the potential case value. They also can offer an informed opinion about the possibility of going outside the no-fault system and filing a personal injury lawsuit.
Speak to a Miami Rear End Accident Lawyer Today
When you’re hurt in a Miami rear-end accident, there is tremendous stress, and determining who is at fault can be overwhelming. But you don’t have to handle your accident claim alone. Call 1-800-INJURED today for help finding legal assistance.
An experienced rear-end accident attorney can help you receive fair compensation for your medical bills, property damage, pain and suffering, and lost earnings. 1-800-INJURED is an attorney and medical referral service.