Articles Tagged with car accident attorney in Miami

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has established certain auto insurance coverage requirements for motorists, just like equivalent government agencies have done in every other US state. However, the laws provide a key difference that has a huge impact on the claims process after a car accident — no-fault liability. Just as the term suggests, this means you do not have to prove that the other driver caused the crash. 

Through application of Florida’s no-fault auto insurance laws, the short answer to the question is: You file an insurance claim with your own insurer to obtain compensation for your losses after an auto collision. However, there are many additional details to know, especially since this first option is not the only one. By retaining a Miami car accident lawyer, you can take advantage of all legal remedies, which may mean higher monetary damages. An overview explains the basics.

Additional Details on Florida’s No-Fault Law

Regardless of the decriminalization and legalization of pot in states across the US, NO jurisdiction has made it OK to drive while under the influence of marijuana. Unfortunately, statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal that a ban on drugged driving has not deterred motorists from getting behind the wheel while high. There are more than 100 crashes linked to drug and drug/alcohol use every year, leading to almost 50 fatalities and 100 injuries to victims. 

Just like DUI, drugged driving is against the law because of the implications on a motorist’s ability to safely operate a vehicle. However, there are key differences with these cases when pursuing an at-fault driver for compensation. One of the most critical is the possible lack of evidence: Whereas you might have proof of BAC via a breathalyzer for a DUI collision, no at-the-scene tests exist to show drug consumption. You can rely on a Miami drugged driving accidents attorney to develop a strategy, but some tips are useful in overcoming this challenge.

What to Do After a Drugged Driving Crash

Like most South Florida motorists, you will probably experience a strong sense of panic if you see two headlights bearing down upon you in the same lane of traffic. This scenario is thankfully quite rare, but statistics from AAA still reveal some disturbing trends on wrong way car accidents. From 2015 to 2018, the number of fatal wrong way auto collisions increased 34% as compared to the time period from 2010 to 2014. In an average year, approximately 500 people are killed in these collisions, while thousands of other victims suffer serious and catastrophic injuries in wrong-way vehicle accidents. 

If you were hurt in a crash caused by a motorist traveling in the opposite direction of traffic, it is critical to consult with a Miami car accident attorney about your legal rights and remedies. Plus, you may benefit from some tips to bear in mind for avoiding a wrong-way collision:

What to Do if You Encounter a Wrong Way Driver

You would probably not be surprised to learn that many Miami car accidents occur because of a driver’s negligence. Common examples include those who speed, run red lights, use their cell phones, and engage in other unsafe acts behind the wheel. Though laws and public safety campaigns aim to deter this type of careless driving, you can expect that there will still be motorists who disregard the risks. According to the Insurance Information Institute (III), 90 people die and another 6,337 people are injured in motor vehicle crashes every day. 

Many of these collisions can be prevented through the exercise of reasonable care, but you cannot always control what other drivers do on the road. You need to anticipate that you are sharing the road with dangerous motorists who put you at risk, and the best way to protect yourself is by engaging in defensive driving. This strategy goes a long way to reducing the potential for Miami car accidents, so keep the following in mind.

  • Focus on One Thing. When you are behind the wheel of a car, the only thing you should be concentrating on is safe operation of the vehicle. Eliminate all other distractions, so you are better able to detect and react to careless acts by other drivers. Even a split second matters in an auto crash.

For years, Uber and Lyft drivers have relied on their respective apps to match them with passengers needing a ride. When signing into the mobile app and frequenting the most popular spots for ridesharing services around Miami, these transportation network company (TNC) drivers could maximize their earning potential simply by making themselves available. However, a new app could soon change this workflow and help ridesharing drivers increase earnings: Gridwise incorporates technology that collects data on passenger trends and identifies key metrics to predict when and where Uber/Lyft can make the most money. 

While this is excellent news for TNC drivers, an uptick in traffic can also lead to a higher risk of auto collisions. There are multiple factors at play, all of which combine to create a potentially dangerous situation. You should talk to a Miami ridesharing accident attorney about your legal options if you were hurt, and read on for some of the basics.

Implications of Increased Uber and Lyft Traffic in Miami

While the majority of Miami car accidents are linked to careless acts by drivers, the most common root cause of these incidents is violations of Florida Rules of the Road. Traffic laws are well-known to all motorists, so they are aware of their legal duties. When they do not comply with regulations aimed at keeping people safe, drivers put other road users at risk. If you were hurt in such a collision, you probably expect that the at-fault motorist will be ticketed, and you can use this information to support your claim. 

However, you might be surprised to find that drivers often do not receive a traffic citation after a crash. You probably wonder about your rights under these circumstances, so trust a Miami car accident lawyer to explain how the laws work. Some general information may also help you understand the relevant concepts.

Traffic Tickets are Separate From Civil Remedies 

When you discuss auto insurance rates with non-Floridians or look up costs in other U.S. states, one glaring fact becomes apparent: Florida residents pay far more for premiums, up to double compared to other areas. A recent Yahoo! Finance article confirms that Florida is ranked second on the list of most expensive states for car insurance in 2020, with motorists paying around $2,178 every year. There are many underlying factors, including the various types of coverage that are required by law or recommended reasons. 

As frustrating as it may be to pay more for auto insurance, you do reap the benefits in many ways if you are involved in a crash. A Miami car accident attorney can help you maximize compensation for your losses, but you get a basic grasp on why Florida auto insurance is higher.

How Insurers Set Premiums

Even when you take proper safety precautions, drive defensively, and follow all traffic laws, the risk of being involved in a car accident is still shockingly high. In reporting statistics for South Florida, the Department of Highway Safety and Motor Vehicles (FLHSMV) reveals that there are almost 212,000 auto collisions in Miami-Dade and Broward Counties every year. The death toll tops 1,000, while another 111,300 people suffer injuries. Fortunately, you have options under Florida law, so you may be able to recover compensation for your overwhelming losses. 

There is more to the legal process than filling out a few forms and submitting them to the responsible driver’s insurance company. Insurers often deny claims by asserting defenses to liability, and these issues could even become the focus of litigation. You can trust a Miami car accident lawyer to develop a sound legal strategy, but it is important to know what defenses insurance companies may use to your detriment.

Statute of Limitations

Car accidents continue to be a primary safety threat for motorists across the US, and the problem even hits close to home in Florida. According to the Department of Highway Safety and Motor Vehicles (FLHSMV), there are around 72,000 people hurt in auto collisions throughout South Florida, a figure that includes Miami-Dade, Broward, and Palm Beach Counties. Many of these victims suffered injuries so serious that they were immediately transported to local trauma centers for emergency treatment. 

While urgent medical care is a priority, being rushed to the hospital does create a dilemma for victims of motor vehicle crashes: They cannot remain at the scene to gather the evidence that is essential for purposes of legal remedies. Fortunately, there are strategies for collecting proof, and a Miami car accidents attorney can tackle investigations. However, you should be aware of some key sources of evidence when you are taken from the site of a crash.

  • Occupants of Your Vehicle: If you were traveling with friends or family, you may need to rely on these individuals to collect evidence for you. Cell phone cameras are the best way to capture damage to the vehicles, traffic signage, physical conditions at the scene, weather, vehicle skid marks, and related factors.

You are at risk of being injured in a car accident any time you are driving around Miami, and statistics from the US Occupational Safety and Health Administration (OSHA) reveal that the safety threat is high even when you travel for work. In 2017, there were 2,077 workers killed in occupational transportation crashes, representing 40% of all work-related fatalities. Plus, transportation collisions are in the top five most common causes of non-fatal workplace accidents. 

While you might assume that these incidents would be covered by Florida workers’ compensation laws, you may be surprised to learn that you may qualify to file a civil claim after an auto crash. There are multiple benefits for seeking legal remedies rather than workers’ comp benefits, and a Miami car accidents attorney can explain the advantages. You might also benefit from reviewing some of the basics about work-related vehicle collisions.

Florida Workers’ Comp Claims and Exceptions

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