Among its services is a referral service for medical and legal professionals called CarAccidentAttorney.com. You do not have to search for a Miami car accident lawyer who is prepared to take your case on your own; we can refer you to a reputable firm that has a car accident attorney who is experienced in this area. Your Miami car accident attorney can explain everything to you about your situation and what you should expect from your claim.
The following are some of the most important steps to take after a motor vehicle accident. For more information, please contact CarAccidentAttorney.com.
Free consultations with Miami car accident lawyers are great opportunities for victims to learn more about the personal injury process. The students will also learn how Florida personal injury attorneys can assist them in recovering compensation based on their experience in this area.
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Miami Car Accident Aftercare Steps
Motor vehicle accident victims can protect their health and their rights to compensation if they take the following steps after their accident:
Get a grip on your situation
In the aftermath of a car accident, it is important to gather your thoughts, examine your injuries, and examine your passengers’ well-being. Regardless of whether or not you notice an injury right away, it is important to remain calm.
Immediately dial 911
Make sure the authorities are on their way – either by calling 911 them or by being at the scene. If you make the call, avoid admitting fault. Police and EMTs will be dispatched as soon as you inform the operator that you are involved in a car accident.
Obtain medical attention immediately
As soon as a person has been involved in an accident in Miami-Dade County, he or she needs to focus on their health. Refusing to get an ambulance or further treatment can result in more pain and suffering, leading to higher medical expenses. Don’t delay seeking medical treatment if you are injured in a car accident.
Information gathering and provision
Law enforcement officers should be able to record your side of the story if you are able so they can complete an accident report. It is possible for your car accident attorneys to fight for a fair settlement for your injuries if an arrest or citation was issued in certain cases, such as drunk driving accidents.
Take notes or collect the following information over the phone:
- Via email or telephone, the other driver’s name and address
- Information about the insurance company of the other driver
- License plate pictures of the other vehicle, especially if it is involved in the accident
- Details about what led to the crash, including the speed and direction you were traveling
- Damage to property sustained in the crash
- Any witnesses’ names and phone numbers
Consult your physician on a regular basis
Even though your doctor should be informed about your first medical treatment, you should still follow up with them. People who didn’t suffer serious injuries should take this step more seriously, as they may not realize the significance of medical records for their personal injury claims. Keep your doctor in the loop.
Keep track of your police report
A police report will describe what happened and maybe provide insight into who is responsible. You will need this report to prove your claim. Request a copy of the report from the police department after a few days.
For a free consultation with an experienced Miami car accident attorney
Insurers are looking for reasons to reduce your settlement amount the moment they take over your claim. It is true that insurance agents specialize in handling car accident cases, but they work on behalf of their employers, not the victims of automobile accidents. Meanwhile, a personal injury lawyer assists accident victims. If you are involved in a car accident, you deserve the assistance of an experienced car accident lawyer.
Traffic accidents in Miami
In recent years, hundreds of thousands of motor vehicle crashes have occurred in Florida. As of 2019, Florida recorded 401,867 car accidents, according to Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV). A total of 401,867 car accidents were reported, with 3,185 resulting in death. According to statistics, Florida drivers are among the most likely to have an auto accident, so they are urged to drive defensively whenever possible to avoid accidents.
Don’t let yourself be involved in a car accident by staying alert
It is important to remain alert when driving in Florida so as to avoid a car accident. It only takes one second for a life-threatening accident to happen, so drivers are encouraged not to text and drive. There are 22 states and territories that prohibit the use of cell phones while driving. Even driving without a phone is dangerous..
Driving while distracted is a serious matter
The CDC estimates that over 3,000 people were killed in distracted driving-related accidents in 2019, with 400,000 accidents involving this dangerous behavior nationwide. CarAccidentAttorney.com will help you find experienced Miami auto accident lawyers if you’ve been involved in an accident.
Become familiar with the Florida Statute of Limitations
Personal injury claims under Florida law are governed by Florida Statutes. It is important to contact an attorney immediately after an accident since there is a limited amount of time to file a lawsuit. Most car accident victims have two years to file a lawsuit from the date of the accident or when they first became aware of their injuries.
Accident Types
Here are some examples of car accidents that occur on Miami roads:
Accidents involving a rear-end collision
There are many reasons why vehicles collide. There is almost always a fault on the part of the driver in the back. I-95 often experiences heavy traffic in the city, especially during rush hour.
Pedestrian-motorcyclist collisions
A front-end collision may result if a driver crosses the center line on a two-lane road. The most common cause of death in these accidents is head-on collisions.
Injuries caused by T-bones
There is a tendency for these to occur at intersections. There are many places in Miami where T-bone accidents occur, such as Downtown and Brickell intersections. Despite side airbags, it is possible to sustain whiplash or fractures due to side airbags.
Getting into a side-swipe accident
Two cars grazing each other in the same direction are referred to as sideswipings. A multilane road in Miami is likely to have these types of accidents. It usually does not cause injury, but it can cause drivers to lose control of their vehicles.
Traffic jams involving multiple cars
There’s no ambiguity in the name. Congested highways, especially when the weather is bad, can be the scene of these pileups, which usually involve more than two cars colliding with each other.
An accident involving a rollover
Vehicles flip over onto their sides or roofs in these situations. Drivers who speed, take sharp turns, or collide with other vehicles or objects have a greater chance of rolling over. This type of accident often causes catastrophic injuries.
Vehicle accidents involving just one vehicle
It is important to know that some accidents aren’t the result of another driver’s negligence. One-vehicle crashes occur when drivers lose control of their vehicles because of things like potholes, icy roads, distracted driving, or failed brakes. The car may strike a tree or guardrail, or it may go off the road completely.
Accidents that trigger a chain reaction
They are similar to multiple-car pileups, except they are often caused by one event that initiates a chain reaction. In many cases, the problem is caused by heavy traffic or poor visibility.
Accidents caused by cross-traffic
An example of this would be a truck or car traveling across lanes of traffic being hit by another vehicle. Drivers can be involved in this accident when they misjudge a vehicle’s speed or distance when turning across oncoming traffic.
An off-road accident
Trees, big rocks, or fences often block these roads. In an attempt to avoid hitting man-made or natural obstacles, drivers can leave the roadway.
Accidents involving lane changes and merging
They occur when a vehicle moves into a lane that is occupied by another vehicle, often as a result of a driver not checking their blind spots or misjudging the speed of other cars.
Factors contributing to car accidents
Avoiding car accidents can be made easier by knowing what can go wrong. Miami car accidents are commonly caused by:
Drive distractedly
Drivers who text, call, eat, adjust the radio, or do anything else that takes their attention away from the road are the most likely to cause accidents. A five-second period of time spent looking at your phone at 55 mph equals traveling the length of a football field blindfolded, according to the NHTSA.
Over speeding
It is not uncommon to see speeding on highways like the Palmetto Expressway in Miami. Car wrecks are more severe when drivers go too fast. Don’t let others pass you at high speeds, even if they are zooming by you.
Getting behind the wheel drunk
The nightlife in this city is lively, but you would think people would make plans about how to get home before getting drunk. Unfortunately, most don’t. DUI arrests total more than 32,000 a year in the state.
Temperatures
As a result of rain storms, roads become slippery within seconds, leading to hydroplaning. It is more likely for drivers to crash if they don’t slow down and increase their distance from the vehicle ahead.
Driving under the influence of alcohol
During rush hour, red-light runners are frequently seen at busy intersections like NW 27th Avenue and 7th Street. This bad habit often leads to accidents in which one car slams into another. In 2008 alone, negligent drivers ran red lights caused 1,109 deaths and 127,000 injuries, according to the Insurance Institute for Highway Safety (IIHS). In addition to hitting other vehicles, these drivers also strike pedestrians, bicyclists, and bikers.
A tailgate party
The majority of traffic accidents involve rear-end collisions, usually caused by tailgating. Often, they are caused by cars following each other too closely. It’s not uncommon for a car behind to crash into the back of a car oncoming suddenly or slowing down. As a result of heavy traffic congestion in cities like Miami, these are also common.
Roads are in poor condition
Many collisions are also caused by potholes, wet roads, uneven roads, missing road signs, and inadequate lighting, particularly when drivers are not paying full attention to the road.
A special situation can arise in a Miami car accident claim
Taking legal action after an unavoidable car accident in Miami involves unique challenges due to the complexities of the legal system. An experienced Miami car accident lawyer can handle these situations strategically, since typical claim processes may need to address the added challenges.
Automobile accidents causing catastrophic injuries
- Lifelong Medical Needs: Catastrophic injuries, such as traumatic brain injuries, require lifelong care. In order to obtain adequate compensation, an experienced car accident attorney may hire medical experts.
- Loss of income: Florida accident victims may be unable to return to work after such injuries. By taking into account potential career advancement and cost of living, economic experts calculate the lost earning capacity.
- Adaptations to lifestyle: A life-changing injury may necessitate home modifications or assistive devices, as well as in-home care. It is important to calculate these essential accommodations in the negligence claim against the driver who caused the accident.
Deaths caused by car accidents that are wrongful
- 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 lossIt is possible for surviving relatives to file a claim for lost income, funeral costs, and emotional suffering caused by the deceased’s absence, compensating them for both financial and emotional losses.
- Compassionate Loss: Under Florida law, companionship losses and parenting guidance losses can be compensated. The determination of these damages requires solid legal support.
- 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 right Deadlines: Florida’s wrongful death laws require the family to file a lawsuit within two years of the accident to ensure that they are protected from losing their rights.
Pedestrian-car accidents
- Serious Injuries: A pedestrian accident typically results in severe injuries, such as fractures and head trauma. A Miami car accident case is likely to be successful if proper documentation is provided regarding medical costs and future care needs.
- Right-of-Way Rules: Establishing liability requires understanding right-of-way laws Rules of Right-of-Way: Understanding right-of-way laws is essential to establishing liability. It is important that a Miami car accident lawyer investigates any issues relating to driver negligence as well as road design issues.
- Complexity of auto insurance policies: Pedestrians may have a hard time navigating auto insurance policies. Having an experienced car accident lawyer can help you determine and obtain the appropriate coverage to cover expensive medical expenses resulting from the accident.
A bicycle accident involving a car
- Injury Risk: Bicyclists are at high risk of severe injuries, including broken bones and damage to the spinal cord. As far as possible, claims should be based on current and projected long-term medical needs, including post-traumatic stress disorder (PTSD).
- Liability Determination: Determining fault requires examining road rules for bicyclists and motor vehicles, particularly in shared lanes or intersection accident Determining fault requires examining motor vehicle and bicyclist road rules, especially in shared lane or intersection accidents.
- Claims Hurdles: Bicyclists often face complex claims denials and coverage limits, making insurance claims navigation essential. The best way to maximize compensation is with legal guidance.
Teenage driving accidents
- Driver inexperience: Teenagers are less likely to respond appropriately to traffic situations, increasing their risk of an accident. Liability and negligence assessments can be influenced by their inexperience.
- 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 accidenA parent may be held liable for his or her teen’s actions when the parent owns the vehicle or allows it to be driven, especially if the teen acts recklessly or is involved in an accident.
- Insurance Rate Implications: Teenage drivers may have significant impacts on future insurance rates, so negotiation is essential to prevent unnecessary premium increases for families.
Car accidents that injure children
- Specialized Medical Care: Children require different medical treatment than adults Medical Care for Children: Children need different medical treatment than adults. A long-term medical cost calculation must take into account the growth and needs of the patient into the future.
- Psychological Trauma: Accidents and severe injuries can cause lasting psychological effects in children, necessitating counseling and mental health support.
- Legal considerations of guardianship: It is the parent’s responsibility to handle any claim on behalf of a child with assistance from an auto accident lawyer in Miami.
Car accident injuries to passengers
- Multi-source Liability: A passenger claim may involve one or more drivers, requiring a careful investigation to determine liability and ensure fair compensation.
- Coverage Conflicts: It is possible for passengers to run into insurance disputes when filing claims under another driver’s policy, resulting in 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 FloriIt is usually easier for passengers to prove not at fault in a crash if they are not the driver of the vehicle, but they still need an adequate attorney to cover all damages in South Florida.
Accidents involving vehicles from outside the state
- Insurance Coverage Limits: Different insurance limits and coverage laws may apply to out-of-state drivers, which requires special claim adjustments to meet Florida standards.
- Issues of jurisdiction: Miami personal injury lawyers must navigate cross-state legalities to ensure that claims are handled properly under Florida law.
- Complexity of claims: Insurance companies may require additional documentation in the case of out-of-state accidents, such as proof of residence and proof of coverage, to support claims.
Involvement of borrowed vehicles in accidents
- Insurance Coverage Limits: When driving a borrowed car, the owner’s insurance policy typically applies first, which may complicate or limit compensation optioA borrower’s insurance policy typically applies first when driving a borrowed vehicle, which may limit or complicate compensation options.
- Owner’s Liability: The owner of the vehicle may be held liable, especially if the owner knowingly permitted an unsafe driver to operate the car.
In these types of cases, insurance claims involve both the owner’s policy and the driver’s policy. It may also be necessary to deal with uninsured motorist coverage in certain situations.
Injuries commonly associated with car accidents
A car accident may occur regardless of how careful you are while driving if another driver is negligent. The following are some of the issues injury victims face every day as a result of their injuries:
- Injuries to the spinal column
- Head injuries caused by trauma
- Traumatic brain injury
- Traumatic brain injury
- Rib fractures
- Chromosome fractures
- Sheath dislocation
- Head trauma
- Problems with the knees
- Swelling inside the body
- Abrasions on the face
- Pulmonary puncture
- Pelvic fracture
- Ankle sprains
- Spinal herniation
- Accidents involving burns
- Accidents involving the eyes
- Fractured feet
- Fractured hands
What is Florida’s No-Fault Insurance System?
Florida’s auto insurance industry operates under a “no-fault” system, meaning that your insurance will cover you if you are in an accident, no matter who caused it. In contrast, in other states, the person who caused the accident has to pay for everything.
It is a legal requirement for every driver in Florida to carry Personal Injury Protection (PIP) insurance. A maximum of $2,500 or $10,000 is set for this PIP coverage, which covers 80% of your medical expenses and 60% of your lost wages. Your PIP benefit may be fully paid if your physician determines you have an “emergency medical condition”. A maximum of $2,500 is applicable if PIP coverage is not obtained.
How Does Florida Law Define an Emergency Medical Condition?
Medical emergencies are sudden health issues that require immediate attention. If not, it could:
- Putting your health at risk;
- Impair vital functions of the body; or
- Damage vital organs in the body
The costs you incur over the caps will have to be paid out of your own pocket or covered by your health insurance. Alternatively, you can hire a Miami car accident lawyer and sue the other driver.
A caveat needs to be mentioned. PIP benefits are only available if you seek medical attention within 14 days of the accident. It is possible that you may lose your right to these benefits if you do not comply. In addition, PIP only covers qualified medical providers, such as physicians, physician assistants, advanced registered nurse practitioners, osteopaths, chiropractors, and dentists. The plan also covers emergency medical services.
Florida’s 14-day motor vehicle accident claim rule
According to Florida law, your PIP policy will not pay out if you do not see a doctor after a car accident within two weeks. It doesn’t matter if you begin feeling severe back pain on the 15th day and go to the hospital. Miami car accident attorneys recommend you seek medical attention as soon as possible, regardless of whether your injuries seem minor at the time. It may ultimately determine the outcome of your personal injury lawsuit.
This rule promotes prompt access to care, as well as preventing fraudulent claims. In this case, you’ll see a doctor as soon as possible if you are seriously injured. Additionally, this allows insurance companies to manage costs by defining a specific time frame for filing claims.
Even if you feel fine, make sure to check with a qualified healthcare professional within 14 days. Symptoms do not appear immediately after some injuries, such as whiplash or internal injuries.
Legal implications are also involved. It could affect any future personal injury lawsuit you may want to file if you fail to receive a comprehensive health evaluation within this timeframe. Insurers and defendants can assert that your injuries weren’t serious enough or that they weren’t directly related to the accident since you didn’t seek medical treatment, and that your car accident lawsuit should be dismissed.
A person who is injured on the road has a lot on their plate. You may need the assistance of a Miami car accident lawyer at this time. They can help make sure you don’t miss out on the It’s your right to a refund simply because you didn’t see a doctor on time. If you need help with finding a personal injury law firm in Miami to represent you, get in touch with CarAccidentAttorney.com.
Insurers and Miami Car Accidents
Car accidents involving other people’s fault can result in compensation claims. Compensation is most commonly received from the at-fault party’s auto insurance company, which will likely assign you an insurance adjuster. You will be assessed for liability and reimbursed accordingly based on the results of the evaluation.
It is the job of an insurance adjuster to minimize the company’s payout. The most important thing for them is to protect the interests of their employer, regardless of how concerned they are about your well-being. They will do this by reducing the payout in different ways. It may even be necessary for them to use a bad-faith strategy in some auto accident cases.
You may be pressured into accepting a lower offer by insurance adjusters emphasizing the urgency of resolving your claim as soon as possible. Furthermore, they might downplay your injuries, making you feel that you should accept the offer. It may be difficult for you to collect the full and fair compensation for your pain and suffering if you fail to carefully review the offer.
A common tactic employed by insurance companies is to frustrate you into accepting a lower settlement by unnecessarily delaying the claim process. A settlement may seem like a relief to car accident victims, but in the long run, you may end up with expenses that exceed the settlement amount. It can be costly to provide ongoing care for someone with a traumatic brain injury, for instance, and it can add up over time.
Here’s how you can benefit from the services of a Miami car accident lawyer
If you are suffering from a car accident, you need to hire a car accident attorney as early as possible so that you can obtain maximum compensation. All legal matters related to the case can be handled by the attorney, including communication with the insurance company, evidence gathering, and court representation.
The legal expertise of an experienced Miami car accident attorney can help you understand your rights and responsibilities under the local and state personal injury laws. They can also provide you with advice about your best legal options based on the assessment of your case.
Your lawyer will take care of the legal complexities and take some of the pressure off your shoulders so you can get back on track and recover from your accident.
