Causes of South Florida Car Accidents
Car crashes in South Florida can occur for multiple reasons, including:
Moving Violation — Serious crashes often take place when an at-fault driver ignores traffic signals, such as running red lights and stop signs.
Human Error — A road accident can occur due to distracted driving in the form of texting, eating, talking to passengers, adjusting tech devices, and simply not paying attention.
Speeding — When driving their motor vehicle over the speed limit, a motorist increases the risk of a car crash because they cannot maneuver around curves or obstacles, stop at a safe distance, or react to unexpected road conditions. Speed limits exist for good reason; exceeding them can lead to tragedy, including fatal crashes and serious injury.
Mechanical Failures — Car crashes can also be caused by defective or improperly maintained motor vehicles, leading to brake malfunctions, tire blowouts, steering problems, and other hazards.
Treacherous Road Conditions — Improperly maintained roads, inadequate signage, and unexpected road obstacles can also contribute to car accidents.
Bad Weather — South Florida storms and other inclement weather can form quickly without warning, especially in the summer, creating slick roads and low visibility.
Fatigued Driving — Drowsy drivers who fall asleep at the wheel or can barely stay awake pose a significant risk of accidents.
Drunk Driving — Driving a motor vehicle under the influence of alcohol, drugs, or medication impairs a driver’s capabilities, raising the risk of accidents and car accident injuries.
A car accident lawyer from Cohen & Juda, P.A. will investigate the cause of your car accident to determine its cause and the liability of the at-fault driver to strategize an approach to pursuing compensation.
Types of Florida Car Accidents We Handle
- Head-On Collisions — when these occur at high speed, they usually cause head trauma, neck injury, spinal cord injury, broken bones, and many others.
- T-Bone Collisions — when a car is hit broadside, the proximity to the passengers often leads to catastrophic injuries.
- Impact injuries — these occur when a passenger strikes the dashboard, steering wheel, headrest, windshield, or other parts of the vehicle. Whiplash, head trauma, broken bones, and injury to internal organs are some of the common injuries we see.
- Penetration accidents — open injuries such as cuts, lacerations, or punctures by metal and glass are also common, causing serious and painful wounds.
- Rollovers — a rollover can occur for many reasons, but it is often a serious crash. Whiplash, spinal cord injuries, and paralysis are almost always the consequence.
- Rear-End Collisions — at high speeds, rear injuries can cause whiplash and impact injuries, among others.
Sometimes, a car can roll over or collide with another, but a fault with the car exacerbates the problem. For example, failure of an airbag to deflate, a seat belt to tighten, or brake failure are all grounds to file a lawsuit against the manufacturer.
Other car accident cases we regularly handle include the following:
- Aggressive Driving Accidents
- Distracted Driving Accidents
- Drunk Driving Accidents
- Hit and Run Accidents
- Reckless Driving
- Speeding Car Accidents
- Texting And Driving Accidents
- Uninsured / Underinsured Driver Accidents
- Single Vehicle Accidents
- Multi-Vehicle Accidents
- Fatal Car Accidents
If you have lost a loved one in a car accident, you may also be eligible to file a wrongful death claim against the party at fault and their insurance company.
What to Do After a South Florida Car Accident
If you have been in a car accident in South Florida, take the following steps immediately.
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Remain at the Scene of the Accident
Remaining at the scene of the accident is crucial for legal and safety reasons. Check for immediate injuries to yourself, other vehicles and other vehicle occupants, and any involved motor vehicles.
Leaving the car accident scene before fulfilling your legal responsibilities could be considered a hit-and-run, exposing you to criminal charges, fines, or the possible revocation of your driver’s license.
After an emotionally charged event like a car accident, exercise caution and avoid making any statements the other party or insurance company could interpret as an admission of guilt.
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Call 911
Call 911 right away, even if the accident seems minor. Having the police and emergency medical services respond to the scene of the accident is vital for the following reasons:
- Reporting the accident: The police will create a report of the accident, which can be helpful when filing an insurance claim or pursuing legal action.
- Seeking medical care: If you or anyone else suffers a car accident injury, the police can call for an ambulance. Even if you don’t think you need immediate medical attention, seek an evaluation from a medical professional to rule out any hidden injuries because many car accident injuries do not manifest until later.
- Directing traffic: If the accident is blocking traffic, the police can direct traffic and keep people safe.
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Exchange Details and Document the Accident
While you wait for law enforcement to arrive at the accident scene, follow these critical steps to capture all the necessary details for your insurance company and your car accident lawyer.
- Exchange Information with Other Parties: This information should include names, phone numbers, insurance details, driver’s license numbers, vehicle registration, and license plate numbers.
- Collect Witness Contact Information: Gather contact details from any witnesses. Their observations could be invaluable later on.
- Document the Scene: Take photographs of the accident scene from various angles, capturing vehicle damages and any visible injuries.
- Record Accident Details: Make note of the location, time, and date of the accident. Keep these details, along with any other documents and photographs, in a safe place for future reference.
While exchanging details with other drivers at the scene is important, avoid discussing the incident on social media platforms. Any posts you make could potentially be used against you if the other driver seeks legal representation from a car accident lawyer.
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Seek Medical Attention
Even if you feel alright and were examined at the scene, seek medical care as soon as possible after the car accident. In Florida, Personal Injury Protection (PIP) benefits under your auto insurance policy will only become active if you accept medical attention within 14 days.
Failing to seek medical care may lead to denial of benefits. Your medical records are crucial for your well-being and your car accident lawyer, who will want to build an airtight case if you file a personal injury claim.
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Contact Your Insurance Company as Soon as Possible
Another crucial step following a South Florida car accident is to contact your insurance company immediately. While Florida is a “no-fault” state, meaning your own insurance company generally covers your medical expenses, contacting your insurer remains a critical step. Depending on your policy and policy limits, it may cover a rental vehicle and repair costs.
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Take Medical Advice
Regardless of how your injuries affect you, follow your doctor’s instructions and attend follow-up appointments. Disregarding medical advice can be used against you to minimize your injuries and potentially invalidate your case.
Florida Car Accidents and Types of Compensation
Individuals who have suffered car accident injuries in Florida can pursue various types of compensation to help cover damages, categorized as economic and non-economic.
Economic Damages
Medical Bills and Expenses
Covers all related medical costs, including hospital bills, surgeries, rehabilitation, and ongoing medical treatments.
Lost Wages
Compensates for income lost due to the inability to work, such as wages, bonuses and other financial benefits.
Loss of Earning Capacity
Accounts for reduced earning capacity and potential future earnings, considering factors like disability and reduced job opportunities.
Funeral and Burial Costs
In cases of fatal accidents, these costs become part of the economic damages.
Vehicle Damage
Covers repair or replacement costs for the damaged vehicle and any other affected property.
Special Damages
Includes specific financial losses such as transportation costs, home care expenses, and any other out-of-pocket costs incurred.
Non-economic Damages
Pain and Suffering
Compensates for physical pain, emotional distress, mental anguish, and the overall decrease in quality of life.
Emotional Distress
Addresses psychological impacts such as anxiety, depression, fear, and PTSD.
Loss of Consortium
Available to compensate for the negative impact the accident has on the victim’s relationships with their spouse, including loss of companionship and intimacy.
Loss of Enjoyment of Life
Covers the inability to participate in activities or hobbies previously enjoyed because of injuries or trauma due to the accident.
Disfigurement or Disability
Compensates for permanent scarring, disfigurement, or disabilities acquired.
Wrongful Death Damages
Family members of victims of fatal crashes may be able to pursue a wrongful death claim for funeral expenses, loss of financial support, and emotional suffering.
Statute of Limitation for Florida Car Accident Lawsuits
In 2023, Florida passed tort reform, which changed the statute of limitations for personal injury cases to two years from four years. Due to these changes in the statute of limitations, the majority of personal injury cases, including car accident cases, must be filed within two years of the date of injury.
This law also put Florida on a modified comparative negligence system. Under this system, if a jury determines that a plaintiff is more than 50 percent responsible for their injury, they are not eligible to recover damages. Every case is unique and exceptions may apply, so consult a car accident lawyer at Cohen & Juda, P.A. to schedule a free consultation to review the details of your case.
