Hialeah Car Accident Lawyers
Car Accidents in Hialeah Handled by Legal Professionals
Florida is home to over 21 million people and gets a lot of tourists throughout the year. It has one of the busiest roadways in the U.S., so it is not surprising that Florida also has a high number of car accidents. Unfortunately, car accident victims can often feel overwhelmed with the process of filing a claim, gathering evidence, and recovering compensation for their losses. The good news is that with the assistance of an experienced car accident lawyer, you can get guidance on all the legal steps to get full and fair compensation for your suffering.
Top Causes of Car Accidents in Florida
Most car accidents in Florida are a result of driver negligence. For example, when drivers do not follow the speed limits on Florida’s roadways, it increases the chances of accidents and the severity of the injuries to victims of a car crash. The reduced reaction time and lack of control that results from speeding means the driver may be unable to respond to unexpected situations on the road.
Distracted driving also causes a high percentage of car accidents in the Sunshine State. A driver can be distracted by anything that takes their focus from the road. This includes using a cell phone, using the infotainment screen, or eating while driving.
Another common cause of car accidents in Florida is drunk driving. The reaction time of the driver is significantly reduced if they are under the influence of drugs or alcohol. According to Florida DUI laws, a person is considered drunk if their blood alcohol content (BAC) is above 0.08%.
Florida Car Accident Laws
Reporting a car accident is mandatory in Florida if the accident results in fatalities or injuries. All accidents that result in property damage exceeding $500 also need to be reported.
For personal injury claims, the statute of limitations is four years from the accident date. In wrongful death claims, the statute of limitations is two years from the accident date. If you miss the deadline to initiate legal action, you may no longer have the right to file a claim or lawsuit.
Another important law for car accident cases in Florida is the modified comparative negligence system. Previously, Florida used a pure comparative negligence system, however, that has been changed to a modified negligence comparative system in 2023.
According to the new system, you can recover compensation for a car accident even if you are partially responsible for the accident. However, the threshold for fault is set at 50%. This means that if your percentage of fault is more than 50%, then you cannot recover compensation for the accident. Please consult our personal injury lawyers to learn which Florida laws apply to your car accident case.
Steps to Take After Car Accident
If you get involved in a car accident, you need to take steps to protect your rights. One of the most important things to do immediately after a car accident is to check yourself for injuries. Whether the injuries are minor or major, getting medical attention should be your priority after the accident. Not only is this important from a medical perspective, but it also helps establish a record of the treatment for your injuries. This can be an important piece of evidence in a personal injury case.
If possible, you should gather evidence at the car accident scene to strengthen your case. The most commonly used evidence in car accident cases includes photos of the accident site, witness testimony, and a police report. You should also exchange information with other parties involved in the accident. This includes the other driver's name, license number, and insurance information.
To ensure the police arrive as quickly as possible at the accident site, you should immediately call 911 after the accident. This will also ensure all victims of the car accident get the help they need. The police report is often critical in helping establish liability in a car accident.
As a victim of a car accident, you also need to inform your insurance company about the accident. It is best to consult with a Hialeah car accident attorney as early as possible so you can get guidance on your legal options to file a claim or lawsuit to recover compensation from the at-fault party.
Compensation for Car Accident Victims
Car accident victims can seek compensation for any losses they suffered as a result of the negligence of the at-fault party. This includes expenses related to treating the injuries such as doctor visits, hospital stays, and other medical bills. You can also seek compensation for lost income and loss of earning potential. Other economic expenses include property damage, including the costs to repair the vehicle or get a replacement. Non-economic expenses include pain and suffering, such as emotional trauma and distress caused by the accident.
In some cases, you can also recover punitive damages, but that is rare. To attain punitive damages you have to prove that the other party’s actions were not only negligent, but were especially reckless or intentional. Punitive damages are designed to punish the offender to deter them from committing such actions in the future.
Settlement vs. Trial
The majority of car accident claims are settled out of court. Your lawyer can negotiate with the insurance company to secure a fair settlement. However, if no agreement can be reached on who is at fault or an appropriate settlement amount for the accident, a trial may be necessary. You can discuss your legal options with our attorney to decide which legal course of action is best for your case.
One of the key advantages of a settlement is that it offers a faster resolution. This means you can receive your compensation sooner. You can also save on the additional costs of taking a case to trial. Another benefit is that you are in control of the outcome by agreeing to the settlement. If you take the case to trial, the outcome will be decided by a judge or jury.
While there are some benefits of settling the case out of court, if you feel you are not being fairly compensated or there is a dispute in liability, you have the right to take the case to trial. The advantage of a trial is that you get an opportunity to present your case to the judge or jury so you can seek fair compensation. A lot of car accident victims think that pursuing a case in court provides them with a sense of justice and closure that they don’t get with a settlement.
Settlement amounts for car accidents can range from thousands to millions of dollars. Therefore, it is important to consult an experienced car accident lawyer to guide you on what to expect from your case.
Establishing Liability For Car Accidents in Florida
Florida has a no-fault insurance system for car accidents. This means that the driver’s insurance covers the damages, regardless of who is at fault in the accident. For this system to work, Florida mandates that all drivers have personal injury protection (PIP) insurance coverage as part of their auto insurance policy. A no-fault system is designed to make it easier for car accident victims to recover compensation, but the situation can get complicated if the insurance limits do not offer enough coverage. If your expenses exceed the limits, you will need to file a lawsuit against the other parties involved in the accident.
To establish liability you will have to rely on evidence. For example, eyewitness statements or expert testimony can help prove liability for the accident. Your attorney can also acquire surveillance footage to show how the accident happened, and why the other party should be held liable for the accident.
The Role of a Car Accident Lawyer
The role of a car accident lawyer is to support their client in all legal aspects related to a car accident claim or lawsuit. This includes offering legal counsel about all legal options, helping them gather evidence to support the case, negotiating with the opposing legal team, filing all the paperwork, and if needed, taking the case to trial. Most importantly, having a skilled and experienced car accident attorney on your side provides victims with much-needed support so they can focus on recovering from the trauma of the accident.
If you or your loved one has suffered from a car accident in Florida, you can contact us at Amanda Demanda Injury Lawyers to hire one of our experienced car accident lawyers. We have extensive experience in all types of car accident cases. Our legal team can help you navigate the complex proceedings of filing a claim or lawsuit in Florida. At our law firm, we specialize in helping our clients get back on track after suffering the trauma of a car accident. To learn about how we can help you get justice, please contact our Hialeah car accident lawyer.