Articles Tagged with Miami car accident attorneys

In the vast majority of car accident cases,  liability is not contested. This generally means that is perfectly clear who caused the accident and the only issue that needs to be addressed is the amount of money the at-fault party (or his or her insurer) will pay the victim. Unless there is a significant disagreement as to the amount of damages, the case may settle without either party needing to set foot in a court room. But what about auto, car and motor vehicle  accident cases in which liability is not obvious or is disputed? How does a car accident victim prove another person was legally at fault for their accident? In these cases,  obtaining financial recovery becomes significantly more complicated. Below is some information about how liability can be established in a contested car accident case. Of course, in under these circumstances, its always a good idea to hire a car accident lawyer in Miami . Below are some of the evidence your personal injury lawyer will need to help prove your legal claim.

Showing Fault Can Require Significant Investigation

Generally speaking, proving that the other party was at fault for an accident requires gathering evidence of his or her negligence. Under  Florida law, negligence occurs when a person fails to use the degree of care that would ordinarily be exercised by a reasonable person in the same or similar circumstances. In the context of a auto, car or motor vehicle accident case, negligence can take many forms, including speeding, distracted driving, failure to signal a turn or lane change, or drunk driving.

Last fall, the U.S. District Court for the Northern District of Florida issued a decision in the case of Brannan v. Geico that discussing the issue of “stacking” limits in auto insurance policies and how such provisions can limit an insured’s recovery in the he or she is injured in a motor vehicle accident. Our Miami car accident lawyers have extensive knowledge on this topic.

“Stacking” insurance is a way in which an insured can increase the payment limits of his or her auto insurance by combining the underinsured and uninsured injury coverage for multiple vehicles. For example, if a motorist had $50,000 underinsured/$100,000 uninsured coverage on two vehicles, the stacked coverage for both cars would be $100,000/$200,000.

In the event the motorist was involved in an accident with an underinsured/uninsured driver, he or she could receive compensation up to the stacked policy limits of $100,000/$200,000. Stacked insurance coverage generally costs significantly more than non-stacked coverage, sometimes even more than twice as much.

Tragedy struck in North Miami Beach late last month, as a fiery crash claimed the lives of several residents, including a 6-year old girl. According to a CBS Local report, three family members (including the girl and her father) were riding southbound on Okeechobee Road when another vehicle came toward them in the opposite direction. Local authorities report that the vehicle going north was speeding, and the driver eventually lost control. The car careered across the median and hit the family’s vehicle head on. All four people involved in the accident were killed. Our Miami car accident attorneys are prepared to assist the loved ones of anyone that may find themselves in a similar situation.

Damages in Florida Lawsuits: Compensatory or Exemplary

Following tragic Miami car accidents like this one, it is common for civil lawsuits to be filed. These suits seek to hold wrongdoers accountable for the consequences of their actions. In most cases, insurance companies are involved. Miami car accident attorneys often work on behalf of those hurt in their negotiations with those insurance companies, potentially taking the case all the way to a trial if necessary.