Fort Lauderdale Car Accident Attorney

Driving in Fort Lauderdale, Florida, is usually routine, but when another driver’s negligence leads to a crash, the consequences can be life-changing. Car accidents can occur unexpectedly, resulting in severe injuries and costly medical bills.

If you’ve been injured in a car accident, you may be entitled to seek compensation for your losses. An experienced Fort Lauderdale car accident lawyer can ensure that your rights are protected and you are compensated for your injuries.

For instance, imagine returning home with your family after a visit to the History Fort Lauderdale Museum, only to be involved in a head-on collision on W. Broward Boulevard due to a wrong-way driver.

Imagine you are on your way back from an event at the The Wharf and you get t-boned on E. Sunrise Boulevard by a driver who ignored a stop sign.

While these are hypothetical situations, they underline the importance of having an experienced car accident attorney in Fort Lauderdale, Florida, who can provide the support you need to navigate these challenging situations and pursue the compensation you deserve.

How Often Do Car Accidents Occur in Fort Lauderdale, Florida?

Fort Lauderdale, a prominent city in Broward County, Florida, is a hub of activity, attracting residents and tourists year-round. As the largest city in Broward County, having a population exceeding 183,000 in 2020, it contributes significantly to the region’s dense traffic.

The influx of visitors unfamiliar with local roads and distracted and teenage drivers creates a challenging driving environment. Additionally, busy intersections, pedestrians, and bicyclists further heighten the risk of auto accidents.

Major roads like Interstate 75, I-595, U.S. 1, Sunrise Boulevard, W. Broward Boulevard, State Road 84, and Davie Boulevard are particularly hazardous due to heavy traffic. Given their congestion and the mix of drivers with varying levels of experience and attention, these roads are essential routes for commuters and hotspots for accidents.

The statistics for Broward County reflect the dangerous reality of driving in this area. In 2022, Broward County saw a staggering 41,141 crashes, leading to 253 fatalities and 18,838 injuries.

These numbers highlight the significant risk of driving in Fort Lauderdale and the surrounding regions. Moreover, the county reported 253 deaths from motor vehicle crashes in the same year, emphasizing the severe consequences that accidents can have on the community.

With such high accident rates, it’s crucial for drivers in Fort Lauderdale to be aware of the dangers and to know their rights if they are involved in a crash.

For immediate legal assistance from an experienced Fort Lauderdale car accident lawyer, contact us today. We are never too busy to speak with you and answer any questions you may have.

What Are Some Factors Contributing to All These Car Accidents in Fort Lauderdale, Florida?

Several factors contribute to the high number of car accidents in Fort Lauderdale, Florida. Understanding these causes can help drivers be more aware of the dangers on the road and take necessary precautions.

Distracted Driving

Distracted driving is one of the leading causes of car accidents, not just in Fort Lauderdale but across the entire state of Florida. Activities like texting, talking on the phone, eating, or using in-car technologies divert attention from the road and significantly increase the crash risk.

In 2022 alone, there were 50,000 crashes attributed to distracted driving in Florida, highlighting the severity of this issue. To combat this, the Florida Highway Safety and Motor Vehicles (FLHSMV) launched the “It Can Wait” campaign, urging drivers to keep their focus on the road at all times.

Speeding and Aggressive Driving

Speeding and aggressive driving behaviors, such as tailgating, frequent lane changes, and road rage, also contribute to the high accident rate in Fort Lauderdale. In 2022, speeding was a factor in 25,317 crashes in Florida, emphasizing the dangers of driving too fast for road conditions. Aggressive driving increases the likelihood of an accident and the severity of crashes when they occur.

Drunk Driving

Drunk driving remains a significant problem in Fort Lauderdale, with impaired drivers causing devastating accidents. The “Never Drive Impaired” campaign by the FLHSMV focuses on educating the public about the risks and legal consequences of driving under the influence of alcohol or drugs.  In 2022, 746 alcohol-confirmed crashes occurred in Broward County alone. This statistic highlights the ongoing need for awareness and enforcement.

Teen Drivers

With their inexperience and sometimes reckless behavior, teen drivers are also a significant factor in car accidents. In 2022, there were 7,211 crashes involving drivers aged 15-19 in Florida, underscoring the need for more excellent education and supervision of young drivers. The Florida Teen Safe Driver initiative provides resources and statistics to help reduce these numbers. More details are available on the Florida Teen Safe Driver website.

Wrong-Way Driving

Wrong-way driving is a hazardous accident that often results in severe injuries or fatalities. These incidents typically occur on highways and are usually caused by impaired or distracted drivers. Nationally, wrong-way driving crashes result in 400 to 500 deaths each year, a stark reminder of the dangers posed by this reckless behavior.

Other Causes of Accidents

While driver negligence is a primary cause of many accidents, other factors also contribute to crashes. Defective vehicle parts, such as faulty brakes or airbags, can lead to severe accidents and poor road design or maintenance issues like potholes and inadequate signage. In some tragic cases, these factors result in wrongful death.

When such situations occur, it’s essential to have an experienced Fort Lauderdale car accident attorney from our legal team investigate and hold the responsible parties accountable.

To learn more about the common causes of car accidents in Fort Lauderdale, contact our legal team today.

How is Liability Determined in a Car Accident in Fort Lauderdale, Florida?

Determining liability in a car accident in Fort Lauderdale, Florida, is a multi-step process that requires careful analysis of the incident’s facts. Since Florida follows a comparative negligence system, multiple parties can share responsibility, and their compensation will be adjusted based on their percentage of fault.

Evidence From the Scene of the Accident

Collecting evidence from the accident scene is one of the first steps in determining liability. This evidence may include photographs of the vehicles, skid marks, road conditions, and any visible injuries. Statements from witnesses can also provide valuable insights into how the accident unfolded.

Additionally, law enforcement officers from the Fort Lauderdale Police Department who respond to the scene will often compile an accident report, which includes their observations and any citations issued. This report is crucial in establishing fault and providing an official account of the incident.

Determining Whether Traffic Laws Were Violated

Liability is further determined by examining whether any traffic laws were violated. For example, if a driver ran a red light, was speeding, or failed to yield, these actions could be considered negligent and contribute to their fault in the accident. Florida’s traffic laws serve as a guideline for assessing these violations, and insurance companies and legal professionals will review them carefully to determine liability.

Fort Lauderdale Police Reports and Accident Reconstruction

The police report is a critical component in determining liability. It often includes the responding officer’s opinion on who was at fault based on their investigation at the scene. In more complex cases, accident reconstruction specialists might be employed to recreate the events leading up to the collision. These experts analyze physical evidence, such as vehicle damage and skid marks, to provide a clearer picture of how the accident occurred.

The Insurance Company’s Assessment

Insurance companies also play a significant role in determining liability. They review the evidence, including the police report, witness statements, and available video footage, to assess which driver was at fault. The insurance adjuster may also consider factors like the location of the vehicle damage and any admissions of fault made by the drivers involved. Their findings will influence the settlement offers and the extent of compensation each party may receive.

To learn more about Florida’s negligence laws, contact our skilled Fort Lauderdale personal injury lawyers today. We offer free case evaluations and can help you understand your rights after an accident or injury in Fort Lauderdale, Florida.

What Happens If I Was Partially Responsible for the Fort Lauderdale Car Accident?

If you were partially responsible for a car accident in Fort Lauderdale, you might still be entitled to recover compensation for your injuries and damages. Florida follows a “pure comparative negligence” rule, which means that even if you share some of the fault for the accident, you can still seek compensation. However, the amount you can recover will be reduced by your percentage of fault.

Florida’s Pure Comparative Negligence Rule

Under Florida’s pure comparative negligence rule, each party involved in an accident is assigned a percentage of fault based on their contribution to the incident. For example, if you are found to be 30% at fault for the accident, your total compensation will be reduced by that percentage. So, if your damages amount to $100,000, you would be eligible to recover $70,000, reflecting a 30% reduction due to your share of the blame.

This system ensures you can still recover damages even if you were partly responsible for the crash. It’s important to note that in Florida, you can pursue a claim regardless of how high your percentage of fault is, even if you are found to be 99% at fault. However, the compensation will be limited to the portion of fault attributed to the other party.

Compensation for Car Accident Damages

Several factors are considered when determining compensation in cases of partial fault. These include medical expenses, lost wages, property damage, and pain and suffering. The insurance company or the court will evaluate the total damages and then apply the percentage of fault to calculate the final compensation amount. For instance, if your medical bills, lost wages, and other damages total $50,000, and you are found to be 20% at fault, you would be entitled to $40,000.

Navigating the complexities of Florida’s comparative negligence law can be challenging, so working with an experienced Fort Lauderdale car accident lawyer is crucial. They can ensure that your fault is assessed and you receive the compensation you deserve, even if you were partially responsible for the accident. Understanding your rights under this rule can significantly affect the outcome of your claim.

How Will Florida's "No-Fault" Insurance Laws Affect My Fort Lauderdale Car Accident Claim?

Florida’s “no-fault” insurance laws significantly affect how car accident claims are handled in Fort Lauderdale. These laws require drivers to carry Personal Injury Protection (PIP) insurance, designed to cover medical expenses and lost wages, regardless of who is at fault for the accident. Understanding how these laws work can help you navigate seeking compensation after a car accident.

Understanding PIP and Its Impact on Your Claim

Under Florida’s no-fault system, PIP coverage is mandatory for all drivers. PIP provides up to $10,000 in immediate medical coverage, allowing you to receive treatment without having to prove fault. This coverage extends to your medical bills, lost wages, and a portion of other expenses related to the accident. However, PIP only covers 80% of medical expenses and 60% of lost wages, leaving the remaining costs to be covered by other means.

Despite PIP coverage, you may still need to seek additional compensation if your injuries are severe or exceed the limits of your PIP policy. Florida Statute 627.736 outlines PIP insurance’s specific requirements and limitations, including the types of injuries and treatments covered.

In cases where your injuries are deemed “serious,” such as significant and permanent loss of a bodily function or permanent injury, you may be able to step outside the no-fault system and pursue a claim against the at-fault driver.

When Can You Sue the At-Fault Driver?

While PIP provides immediate relief, it may not fully cover the extensive costs of a severe car accident. If your injuries meet the Florida Statutes § 627.7407 threshold, you can file a lawsuit against the at-fault driver to recover additional damages. This can include compensation for pain and suffering, medical expenses, and lost wages not covered by PIP.

However, pursuing a claim outside of the no-fault system can be complex. Insurance companies often try to minimize the payout by arguing that your injuries do not meet the legal threshold for a lawsuit. It’s essential to work with a skilled legal representative who understands the intricacies of Florida’s no-fault laws and can effectively argue your case.

Who Covers The Costs of My Medical Expenses After a Car Accident Injury in Fort Lauderdale?

After a car accident in Fort Lauderdale, determining who pays for your medical expenses can be challenging. Florida operates under a “no-fault” insurance system, meaning your Personal Injury Protection (PIP) insurance will initially cover your medical bills, regardless of fault.

How PIP Insurance Works

As we mentioned, PIP covers up to $10,000, paying 80% of your medical bills and 60% of lost wages. However, if your medical expenses exceed this limit, you may need to seek compensation from the at-fault driver’s liability insurance. Florida law requires drivers to carry liability coverage, which can help pay your remaining medical costs once PIP benefits are exhausted.

Options Beyond PIP

If PIP and the at-fault driver’s insurance don’t fully cover your expenses, your health insurance may cover the rest. Additionally, if you have optional Medical Payments (MedPay) coverage, it can provide extra funds. For severe injuries that exceed Florida’s no-fault thresholds, you may be able to file a personal injury lawsuit for additional compensation.

To learn more about who covers the cost of medical expenses after an auto accident, reach out to our experienced Fort Lauderdale car accident attorneys today. We offer free consultations.

What Happens if I'm in an Accident with an Uninsured Driver in Fort Lauderdale?

In Florida, car insurance is mandatory for all drivers. Despite this requirement, a significant number of drivers still operate without insurance. In Broward County, for example, 6.79% of drivers are uninsured. So, what happens if you’re in an accident with one of these drivers?

When you’re involved in an accident with an uninsured driver, recovering damages can become complicated. Typically, you would file a claim with the at-fault driver’s insurance to cover your costs.

However, you may have to turn to your policy when the other driver lacks insurance. If you have uninsured motorist (UM) coverage, it can cover medical expenses, lost wages, and other damages for which the uninsured driver would have been responsible.

If you don’t have UM coverage, you may consider suing the uninsured driver personally. However, this option is often less effective since uninsured drivers may not have the financial means to pay for their damages, even if they win the lawsuit.

What Are Some of the Risks of Not Hiring an Attorney After an Auto Accident in Fort Lauderdale, Florida?

When you’re involved in a car accident in Fort Lauderdale, deciding whether to hire an attorney is crucial. While some people may think they can handle the aftermath of an accident on their own, the complexities of personal injury law, insurance negotiations, and potential litigation can make this a risky choice.

The decision to hire a legal representative should be based on the severity of your injuries, the complexity of the case, and your ability to navigate the legal system.

Potential Risks of Handling Your Case Alone

Without the guidance of a skilled attorney, you may face several significant risks. Insurance companies offer low settlements to individuals without legal representation, taking advantage of your lack of experience to minimize their payouts.

This could result in you receiving far less compensation than you are entitled to for your medical bills, lost wages, and pain and suffering.

Additionally, the legal process can be overwhelming, especially if you’re dealing with serious injuries. Missing important deadlines, such as the statute of limitations for filing a claim, can completely bar you from recovering any compensation. Furthermore, you may struggle to gather the necessary evidence without a lawyer, negotiate effectively with insurance adjusters, or build a strong case if your claim goes to trial.

Choosing not to hire a knowledgeable legal representative can also have long-term financial implications. If you accept a low settlement or fail to pursue your claim fully, you could be left covering ongoing medical expenses out of your pocket. Moreover, the stress and uncertainty of managing your case alone can take a toll on your recovery, potentially prolonging your physical and emotional healing process.

How Are Settlements Calculated For Car Accident Cases in Fort Lauderdale, Florida?

In Fort Lauderdale, Florida, the amount you may receive as a settlement for a car accident claim is influenced by several factors. Each case is unique, and the specifics of your accident and injuries will significantly determine the final settlement amount.

Factors Affecting Settlement Amounts

The severity of the accident is one of the primary factors that can impact your settlement. More severe accidents typically result in higher medical bills, longer recovery times, and more substantial pain and suffering, all of which contribute to a larger settlement. For instance, an accident causing permanent disability will likely lead to a higher settlement than one resulting in minor injuries.

Another crucial factor is the immediacy with which you report the accident and seek medical attention. Promptly reporting the incident to the authorities and getting medical care ensures an official record of the accident and your injuries. This documentation is vital for supporting your claim and can prevent insurance companies from arguing that your injuries are unrelated to the accident.

Additionally, other factors like the clarity of liability, whether the other driver was clearly at fault, and your ability to return to work after the accident will also influence the settlement amount. If liability is disputed, it may lead to a lower settlement offer or a prolonged legal battle.

Calculating Settlements

Once all relevant factors have been assessed, the settlement amount is typically calculated by adding up economic and non-economic damages. Economic damages include tangible costs such as medical expenses, lost wages, and property damage. Non-economic damages account for more subjective losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Insurance companies often use formulas to calculate non-economic damages, which may involve multiplying your economic damages by a certain number (usually between 1.5 and 5) depending on the severity of your injuries. However, this is just a guideline, and the actual settlement amount can vary widely based on the specifics of your case.

What is The Process of an Auto Accident Claim in Fort Lauderdale, Florida?

Navigating an auto accident claim in Fort Lauderdale involves several key steps, each crucial for securing the compensation you deserve. Here’s a concise guide to help you understand the process:

  • Prioritize Your Health and Safety: After an accident, it’s vital to get medical help, even if you feel fine. Prompt evaluation documents and links your injuries to the accident, which is essential for your claim.
  • Report the Accident to the Fort Lauderdale Police Department: Report the accident to the police if there are injuries, deaths, or significant property damage. The official police report will serve as key evidence in your claim, detailing the accident and any citations.
  • Notify Your Insurance Company: In Florida’s “no-fault” system, your Personal Injury Protection (PIP) insurance covers your medical expenses and lost wages regardless of fault. Notify your insurance company promptly and provide all necessary details.
  • Initial Investigation and Gathering of Important Evidence: Your attorney will gather evidence such as medical records, the police report, and accident scene photos. This evidence is crucial for building a strong case and determining fault.
  • Negotiation with Insurance Companies: With evidence, your attorney will negotiate with insurance companies for a fair settlement. Insurance companies often aim to minimize payouts, so having a skilled attorney is vital for getting the compensation you deserve.
  • Settlement or Litigation: If a fair settlement is reached, your case concludes with compensation. If not, your attorney may recommend filing a lawsuit, where your case will be presented in court for a judgment.
  • Receiving Compensation: Once a settlement is agreed upon or a court judgment is made, you will receive compensation to cover medical bills, lost wages, property damage, and other expenses. Your attorney will ensure the proper distribution of the funds.

Understanding these steps and working with a skilled and experienced Fort Lauderdale car accident lawyer can help you navigate the claims process effectively and protect your rights.

What is The Statute of Limitations For Florida Car Accident Cases?

In Florida, you generally have two years from the date of your car accident to file a lawsuit. This deadline is crucial for pursuing compensation for injuries, property damage, or other losses.

Key Points to Remember:

  • Standard Timeframe: Most personal injury claims must be filed within two years of the accident. For wrongful death claims, the two-year period starts from the date of death.
  • Special Cases: If you are suing a government entity or the accident involves specific circumstances, there may be different or shorter deadlines.
  • Tolling: The statute of limitations can be paused under certain conditions, such as if the injured party is a minor or incapacitated.
  • Importance of Timely Action: Delaying action can weaken your case due to loss of evidence or fading memories. It’s crucial to consult with an attorney promptly to ensure your claim is filed within the deadline.

You must meet the statute of limitations to avoid losing your right to seek compensation. For specific guidance, contact a legal professional to navigate your case effectively.

Fort Lauderdale, Florida

Fort Lauderdale, Florida, is a city dedicated to growth and forward-thinking development, as demonstrated by the “Fast Forward Fort Lauderdale 2035 Vision Plan.” This ambitious plan focuses on enhancing infrastructure, boosting resilience, and ensuring a sustainable and well-connected community for the future. By prioritizing these areas, the city is preparing to meet the needs of its growing population while maintaining a high quality of life.

One key example of Fort Lauderdale’s ongoing commitment to progress is the Downtown Fort Lauderdale Mobility Hub, completed in 2019. This project involved substantial upgrades to public transportation, pedestrian pathways, and overall accessibility within the downtown area.

As Fort Lauderdale continues to attract more residents and visitors, particularly to bustling areas like downtown, the increase in activity naturally raises the risk of car accidents. This makes it essential for everyone in the city to be aware of their legal rights and options in the event of a collision.

Fort Lauderdale has abundant resources for those needing auto repairs, a couple of which include:

  • Wales Garage – As a family-owned business that’s been around for over 40 years, they offer top-quality automotive services and are known for their expertise in foreign and domestic vehicles.
  • Arctic Auto Center – a full-service auto repair shop that has served the community for over 25 years. Their team of skilled mechanics is dedicated to providing reliable and efficient service.
  • Layton’s Garage – Layton’s can take care of transmission repair, suspension repair, engine diagnostics, and additional services.
  • Chrome Rose Auto – the certified technicians at Chrome Rose offer a high level of customer service and specialize in repairing cars damaged in collisions in Fort Lauderdale.

Experienced Auto Accident Attorneys in Fort Lauderdale, Florida

The legal team at Schilling & Silvers Personal Injury & Car Accident Lawyers has a proven track record of successfully representing clients in Fort Lauderdale, Florida, after car accidents. With years of experience navigating the complexities of personal injury law, we understand the challenges you face after an accident and are dedicated to securing the compensation you deserve.

Whether you’re dealing with medical bills, lost wages, or the emotional toll of an accident, we are here to guide you every step of the way. Do not face this difficult time alone. Contact Schilling & Silvers today to schedule a free consultation and take the first step toward justice and recovery.

Looking for a “car accident lawyer near me” in Fort Lauderdale? Some of the locations which our attorneys serve include Pompano BeachPlantationCoral SpringsMiami GardensMiramarHialeah, and more.