While most drivers in the state of Florida follow traffic laws and act responsibly, others make dangerous choices that put everyone at risk. From texting while driving to operating a vehicle under the influence, these actions can lead to devastating consequences for innocent victims.
When someone else’s negligence causes an accident, you shouldn’t have to bear the financial and emotional burden alone. A Florida car accident lawyer can help you seek the compensation you deserve for medical expenses, lost wages, property damage, and more.
Insurance companies often aim to minimize payouts, even to injured victims. Without a skilled attorney, you may struggle to secure fair compensation for your injuries and losses. By working with legal professionals who understand Florida’s comparative fault laws and personal injury claims, you can maximize your settlement and focus on your recovery.
If you’ve been in a car accident caused by someone else’s negligence, don’t wait to get the help you need. Protect your future by consulting an experienced car accident attorney in Florida from our firm who can guide you through the legal process and ensure justice is served.
In 2022, Florida recorded 397,620 motor vehicle traffic crashes, an average of 1,089 crashes per day across the state. The number of incidents underscores the need for vigilance and adherence to traffic laws to ensure safety on Florida’s roads.
Among these crashes, 3,553 were fatal, resulting in the loss of life. Additionally, 12,747 crashes led to incapacitating injuries, demonstrating the profound physical and emotional toll such incidents can take.
For many victims and their families, these accidents are life-changing, requiring substantial medical attention and financial support.
If you or a loved one has been involved in an accident, seeking professional legal guidance from an experienced Florida car accident lawyer is critical to protecting your rights and obtaining the compensation you deserve.
Contact our legal team today for a free consultation, we are never too busy to speak with you and help you navigate the complexities of Florida’s legal system.
Florida’s bustling roads are among the busiest and most accident-prone in the country. Accidents happen for many reasons, often due to human error or environmental factors.
Below, we explore some of the primary causes of car accidents in the Sunshine State and their implications.
Distracted driving is one of Florida’s leading causes of car accidents. Alarmingly, one in seven crashes in the state involves a distracted driver, with nearly 300 lives lost due to distracted driving in 2023.
Activities like texting, using a navigation system, or even eating behind the wheel divert attention and increase the likelihood of collisions.
Florida’s Wireless Communications While Driving Law prohibits texting to curb these dangers, as outlined in Section 316.305, Florida Statutes.
Speeding is another major factor, with the risk of fatalities doubling for every 10 mph increase over 50 mph. Aggressive driving behaviors—like weaving between lanes and tailgating—often accompany speeding, creating hazardous conditions.
In 2022, there were over 5,455 speeding-related accidents in Florida, highlighting the deadly impact of this behavior.
Rear-end collisions caused by following too closely are common, especially in congested areas. As detailed in Florida Statute 316.0895, Florida law mandates maintaining a reasonable and prudent distance between vehicles.
Using the three-second rule—or even five seconds during adverse conditions—can significantly reduce the risk of accidents.
Driving under the influence of alcohol or drugs continues to be a critical issue on Florida’s roads. In 2022, there were 5,929 alcohol-confirmed crashes, resulting in severe injuries and fatalities.
Young adults aged 21-25 represent the age group most likely to engage in impaired driving. Despite stringent laws, the consequences of impaired driving remain devastating.
Although only 5% of Florida’s licensed drivers were teen drivers, they were involved in 11% of all crashes in 2022. There were 28,176 crashes involving drivers aged 15-19, resulting in 155 fatalities and over 7,000 injuries.
Inexperience, coupled with risky behaviors like texting or speeding, increases the likelihood of accidents among teens. With its busy roads, Fort Lauderdale sees a disproportionate share of these incidents, making teen driver safety a significant concern.
Florida’s roads, while generally well-maintained, are not immune to potholes, uneven surfaces, or debris. Such hazards can cause drivers to lose control, especially those inexperienced in handling sudden road obstacles.
Addressing these issues promptly and driving cautiously in affected areas are crucial for reducing accidents.
Misjudging the speed or distance of other vehicles often leads to accidents caused by a failure to yield. Both older drivers and inexperienced teens are more susceptible to these errors. Such incidents frequently occur at intersections, making these areas particularly dangerous.
Understanding the leading causes of car accidents in Florida is essential for drivers to take proactive steps to prevent them. By following traffic laws and practicing defensive driving, Floridians can help make the roads safer.
For immediate legal assistance from a Florida car accident attorney contact us today. We offer free case evaluations and are never too busy to speak with you and answer any questions you may have.
Florida’s no-fault insurance system was established to streamline the process of compensating car accident victims for medical expenses and lost income. Under this system, injured parties turn to their insurance provider for coverage, regardless of who caused the accident.
This is mandated by Florida Statutes § 627.7407, which requires drivers to carry a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability coverage.
No-fault insurance applies to most car accidents involving injuries, allowing individuals to recover compensation for medical expenses, lost wages, and even death benefits of up to $5,000 for covered individuals.
However, the law limits compensation to 80% of medical costs and 60% of lost wages, which may leave gaps in coverage for severe injuries.
Exceptions arise when injuries meet the threshold of being “serious,” such as permanent injuries or significant disfigurement, allowing victims to file a claim against the at-fault driver.
Pros: No-fault insurance provides quick access to compensation without the delays of determining fault. It also ensures coverage for hit-and-run incidents or accidents involving uninsured drivers.
Cons: Compensation is limited, and victims may still face out-of-pocket expenses for severe injuries. Additionally, insurance premiums often increase after an accident, even when you’re not at fault, and the system does little to hold negligent drivers accountable.
Understanding your rights and options is crucial for car accident victims navigating Florida’s no-fault insurance laws.
If you’ve suffered significant injuries, a knowledgeable Florida personal injury lawyer from our law firm can help you pursue the compensation you deserve.
Proving liability in a Florida car accident claim requires gathering compelling evidence to show that the other party was negligent or violated traffic laws, leading to the crash. Several types of evidence and strategies can help establish fault and understand the scenarios where different parties may be liable.
Thoroughly documenting the crash and exploring all potential liable parties will ensure you build a strong claim for the compensation you deserve.
To learn more about establishing liability in an auto accident claim, contact our legal team at Schilling & Silvers Personal Injury & Car Accident Lawyers today.
Florida’s modified comparative fault rule, implemented on March 24, 2023, significantly impacts how fault is assessed in car accident cases. Under this rule, an injured party’s ability to recover damages depends on their percentage of fault in causing the accident.
Previously, Florida followed a pure comparative fault system, allowing injured victims to recover compensation regardless of their degree of fault, with the amount reduced by their percentage of responsibility. For instance, if a plaintiff was 30% at fault for a crash, they could still recover 70% of the damages.
However, Florida’s new modified comparative fault rule bars recovery if a plaintiff is found to be 51% or more at fault. If the injured party’s fault is less than 51%, they can still recover damages, but their percentage of fault will reduce their compensation.
Under this system, juries assess the actions of all parties involved in a car accident to assign fault percentages. For example, if Driver A is rear-ended by Driver B but is deemed to have contributed to the crash by 30% (perhaps by braking suddenly), Driver A can still recover 70% of the damages. However, if Driver A’s fault exceeds 50%, they are barred from recovering any compensation.
This rule makes it critical for accident victims to present substantial evidence to minimize their perceived fault. Any percentage over 50% eliminates their ability to seek compensation, regardless of the severity of their injuries.
For accident victims navigating Florida’s modified comparative fault system, legal representation is essential to building a case that protects their right to recover damages.
After a car accident in Florida, you may be entitled to several types of damages depending on the circumstances of your case. These damages are generally categorized into compensatory, non-compensatory, and wrongful death.
Compensatory damages are intended to reimburse accident victims for their financial losses and compensate them for the emotional and physical toll of the crash. These are divided into economic and non-economic damages:
Economic Damages: These cover quantifiable financial losses, such as:
Non-Economic Damages: These address the emotional and physical impact of the accident, including:
In some cases, punitive damages may also be awarded. These damages are not meant to compensate the victim but to punish the at-fault party for gross negligence or intentional misconduct. Examples include cases involving drunk driving or road rage.
If a car accident results in a fatality, surviving family members may pursue wrongful death damages, including:
Regardless of the damages you seek, our knowledgeable attorneys can help you recover the maximum compensation you deserve.
One of the most common concerns for car accident victims is the cost of hiring a lawyer. Fortunately, most attorneys, including ours, operate on a contingency fee basis. This means you don’t need to pay upfront fees for legal representation.
Under a contingency fee agreement, your lawyer’s payment depends on the outcome of your case. If they secure a financial settlement or court award on your behalf, they receive a percentage of the compensation. This percentage is typically agreed upon in a written retainer agreement before they begin working on your case.
If your legal representative does not recover compensation, you won’t owe anything for their legal services. This structure eliminates financial risk, allowing you to focus on your recovery while ensuring access to skilled legal representation.
Hiring an attorney on a contingency basis ensures you receive quality representation without additional financial stress.
To learn more about the cost of hiring a lawyer who specializes in car accidents, contact our law firm today. We can help you understand contingency fees and your legal options after an accident or injury in Florida.
Determining whether to hire a lawyer after a minor car accident in Florida depends on the specifics of your case. While serious accidents often require legal representation, even minor accidents can lead to complexities that may benefit from professional guidance.
Minor accidents, such as fender benders, may appear straightforward but result in disputes over liability or unforeseen costs. Common reasons to hire a lawyer after a minor accident include:
In some situations, hiring a lawyer might not be necessary:
Even if you’re unsure whether legal representation is necessary, consulting a lawyer for a minor car accident can provide clarity. At our law firm, our experienced Florida car accident lawyers offer free consultations to help you determine the best course of action for your situation.
The settlement value of a car accident claim in Florida depends on various factors unique to each case. Understanding these elements can help you estimate potential compensation and strengthen your claim.
Fault and Liability: The degree of fault assigned to each party determines your settlement. Under Florida’s modified comparative fault rule, your compensation will be reduced by your percentage of fault.
Severity of Injuries: The nature and extent of your injuries significantly impact settlement value. Severe injuries like traumatic brain injuries or spinal cord damage typically result in higher compensation due to the need for extensive medical treatment, rehabilitation, and long-term care.
Even less severe injuries, such as whiplash, can warrant compensation if they lead to ongoing medical expenses or pain.
Medical Expenses and Treatment: Accurate documentation of medical bills, including hospital visits, physical therapy, and future treatment needs, is essential. The more extensive the treatment, the higher the settlement is likely to be.
Failing to seek prompt medical care can harm your case, as insurers may argue that your injuries weren’t caused by the accident.
Impact on Income: Lost wages and reduced earning capacity are key factors. If your injuries prevent you from returning to work or require a career change, your claim could include compensation for lost income and diminished earning potential.
Pain and Suffering: Non-economic damages, such as pain, emotional distress, and reduced quality of life, are subjective but impactful. Serious or permanent injuries often result in higher awards for these intangible losses.
Timing is critical when filing a car accident claim in Florida. Under House Bill 837, Florida’s statute of limitations for personal injury claims has been reduced to two years from the accident date.
This new law applies to negligence claims occurring on or after March 24, 2023. Filing beyond this two-year window typically results in the dismissal of your case, barring you from recovering any compensation.
Delaying your claim can jeopardize your ability to gather crucial evidence and build a strong case. Witnesses may forget details, physical evidence may degrade, and insurance companies may use the delay to challenge your claim’s validity.
Contacting a Florida car accident lawyer promptly ensures your claim is filed accurately and within the required timeframe.
Certain exceptions may extend the filing deadline. For instance:
Navigating these deadlines and exceptions requires legal expertise. Our legal team can evaluate your case, help you understand the Florida personal injury statute of limitations, and ensure your claim is filed on time. Acting quickly preserves your right to compensation and strengthens your chances of a successful outcome.
At our Florida law firm, we bring years of experience and unwavering dedication to helping car accident victims throughout Florida. Our skilled attorneys have a proven track record of securing maximum compensation for clients dealing with medical expenses, lost wages, and emotional trauma.
We understand the complexities of Florida’s laws and are committed to protecting your rights every step of the way. If you’ve been injured in a car accident, don’t face the challenges alone. Contact us for a free consultation today, and let us fight for the justice and compensation you deserve.
Some of the cities in Florida we serve include Fort Lauderdale, Hialeah, Miami, Jacksonville, Tampa, Orlando, Cape Coral, and more.
Our Personal Injury Law Offices
Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
Hialeah, FL Office
2300 W 84th St Ste 213
Hialeah, FL 33016
(954) 712-8877
