Whether commuting to work on I-75, I-95, or I-595, heading out on a family road trip on Highways U.S.1, US 27, or US 441, or running errands around town, an unexpected car accident in Fort Lauderdale can disrupt your life. The Fort Lauderdale car accident lawyers at Schilling & Silvers are well-versed in handling these complex situations. We stand ready to guide you through the legal process and support you during these challenging times.

Understanding Negligence in Florida Car Accident Claims

Understanding the concept of negligence is critical when it comes to car accidents in Broward County because it often determines who is liable or legally responsible for the damages. Negligence is failing to act with the care a reasonable person would have exercised in the same situation.

The law in Florida is called “pure comparative negligence.” This means that the court considers each person’s level of fault in the accident when deciding how much compensation to give. Even if you were partly to blame for the accident, you could still get your money back. However, the court will reduce the money you get by the amount they found you at fault. For example, if the court decided you were responsible for 20% of the damage and the total compensation was $100,000, they would award you $80,000. Proving negligence in a Florida car accident involves four elements:

Duty of care – The defendant (the person getting sued) had a legal obligation to drive carefully and obey traffic laws.
Breach – The defendant did not uphold this duty of care (for example, by speeding, running a red light, etc.).
Causation – The defendant’s breach of duty directly caused the accident and the plaintiff’s (the person who is suing) injuries.
Damages – The plaintiff suffered injuries or losses as a result.

Collecting evidence to support these elements can be difficult, which is where a qualified Fort Lauderdale car accident attorney can help. They can help gather the evidence you need, such as police reports, witness testimony, and medical records, to build a strong case and pursue the compensation you deserve.

If you have been injured in an Car accident, it is crucial to seek legal help.

Can I Handle My Own Fort Lauderdale Car Accident Claim?

While it’s technically possible to handle your claim without the assistance of a Fort Lauderdale car accident lawyer, it’s not always the best idea. After a car accident, you might consider taking on the claim process yourself to save on legal fees. However, the process can be complicated and challenging, particularly when serious injuries are involved.

The legal landscape of car accidents involves understanding Florida’s “pure comparative negligence” laws, dealing with insurance companies, and sometimes going to court. You must also understand how to calculate a fair settlement, including quantifying non-economic damages like pain and suffering, which isn’t always straightforward.

It might make sense to handle your claim in specific scenarios, such as when injuries are minor, the fault is apparent, and the other side cooperates. However, even in seemingly simple cases, unexpected complications can arise.

For example, the at-fault party’s insurance company may dispute liability, or your injuries might be more severe than initially thought. Having a seasoned Fort Lauderdale car accident attorney on your side can be invaluable in such scenarios. They can navigate the complexities of the legal system, negotiate with insurance companies, and fight for your rights in court if necessary.

What Type of Car Accident Cases Does Schilling & Silvers Handle?

The expert Fort Lauderdale car accident lawyers at Schilling & Silvers are well-versed in a range of car accident cases, adeptly navigating the intricate details of each scenario to secure the best possible outcomes for our clients. Here are some of the specific types of accidents we handle:

Rear-end accidents – Often caused by tailgating or distracted driving, rear-end collisions can lead to severe injuries such as whiplash. The team investigates these incidents thoroughly to determine liability and secure compensation for medical bills, lost wages, and other damages.
Wrong-way accidents – These horrifying crashes often transpire on one-way streets, highway ramps, or divided highways and frequently involve drivers who are impaired, disoriented, or unfamiliar with the local traffic patterns. The devastation caused by these accidents is often substantial, with a high likelihood of severe injuries or fatalities. Establishing liability usually involves demonstrating the at-fault driver’s negligence, often related to impairment or recklessness.
Highway accidents – Major highways, like US 1, US 27, and US 441, along with Interstates I-75, I-95, and I-595 in Broward County, experience high traffic and a proportionate risk of accidents. These incidents can be particularly complex, with multi-vehicle pile-ups, high-speed impacts, and severe injuries or fatalities. Investigating these accidents requires a meticulous review of accident reports, witness testimonies, and sometimes reconstruction of the accident scene.
Head-on collisions – Primarily caused by reckless or distracted driving, these accidents often lead to severe injuries or fatalities due to the substantial force of impact. Proving liability in these cases frequently involves demonstrating that the at-fault driver crossed the center line or entered a one-way road in the wrong direction.
Distracted driving accidents – Activities like texting, eating, adjusting the radio, or even engaging in intense conversations can divert a driver’s attention from the road, leading to accidents. Identifying distraction as the cause of an accident usually involves gathering evidence such as mobile phone records, witness accounts, or in-vehicle data.
Speeding accidents – Exceeding the speed limit is a common cause of accidents and often results in more severe crashes due to the increased force of impact. Proving speeding typically involves using police reports, traffic camera footage, and sometimes expert testimony regarding the physical evidence at the accident scene.

Common Auto Accident Injuries

There are a variety of injuries that can result from a car accident. Some of the most common include:

Whiplash – This injury to the neck caused by a sudden movement can lead to long-term pain and stiffness.

Head injuries – A blow to the head can cause a concussion or more serious traumatic brain injury.

Back injuries – A car accident can cause a herniated disc or other damage to the spine.

Broken bones – A broken bone requires medical attention and can lead to long-term disability.

Recover Maximum Compensation For Your Car Accident

How Do Settlement's Work?

Factors That Affect Settlement Amounts in Florida Car Accident Claims

The settlement amounts for car accident claims in Florida can be influenced by various factors. These factors can significantly affect the final amount that a victim may receive in their settlement.

One of the main factors is the severity of the injuries sustained in the accident. A minor injury with a quick recovery might mean a smaller settlement, while more severe or permanent injuries could result in much larger payments. The need for ongoing medical care, rehabilitation, and long-term impact on quality of life are all factors the courts consider when determining a settlement amount.

Another critical factor is the extent of property damage. For instance, if a car got totaled in an accident, the court would consider this when calculating the settlement.

The insurance policies of both parties involved in the accident will also play a crucial role in the settlement amount. The Insurance Information Institute notes that the average payout rate for car accident claims is rising, so the victim’s insurance policy limits and the at-fault party’s coverage can impact the final payout.

Medical expenses are another significant factor. For instance, ambulance rides to local hospitals like Broward General or Holy Cross can cost around $1,000, and emergency room visits can cost thousands, depending on the required treatment. It’s also essential to consider factors such as lost wages due to missed work, pain and suffering, and decreased earning capacity due to injuries. These elements will get evaluated when determining a fair and comprehensive settlement for a car accident claim in Florida.

Florida's No-Fault Laws

Florida is a no-fault state, which means that each driver’s insurance company will pay for their medical bills and lost wages, regardless of who is at fault for the accident up to a certain amount. However, there are situations where you can file a personal injury lawsuit against the other driver. These include:

If your injuries are considered “serious” under Florida law.

Under Florida law, injuries are considered “serious” if they result in death, serious personal injury, or severe property damage. Persuasive injuries are those that a reasonable person would consider life-threatening or otherwise likely to result in death or serious personal injury. For example, a broken bone or a deep cut would usually be considered a serious injury, while a small bruise or cut would not.

Property damage is also considered “serious” if it is extensive and would require significant repairs. In short, the seriousness of an injury will be evaluated based on its effects on the victim’s health and well-being, as well as the extent of any property damage. If you have been injured in an accident, it is crucial to seek medical attention immediately and to speak with an experienced personal injury attorney to discuss your legal options.

FAQ's About Car Accidents

How Car Accident Attorneys Negotiate with Insurers

After a car accident, you will likely deal with an insurance adjuster who will try to settle your claim quickly and for as little money as possible. Our experienced lawyers can help you negotiate with the insurance company to get the compensation you deserve. This may include reimbursement for your medical bills, lost wages, and pain and suffering.

If the other driver was under the influence of drugs or alcohol.

In the state of Florida, all drivers are required to have personal injury protection (PIP) coverage as part of their auto insurance policy. PIP coverage pays for your medical bills and lost wages regardless of who is at fault in an accident. However, suppose the other driver was under the influence of drugs or alcohol at the time of the accident. In that case, you may be able to file a claim against their liability insurance policy.

Under Florida’s no-fault laws, you are not allowed to sue another driver for pain and suffering unless they were intoxicated at the time of the accident. However, if you can prove that the other driver was intoxicated, you may be able to recover additional damages from their insurance company.

For example, suppose you have been involved in a car accident with a driver under the influence of drugs or alcohol. In that case, it is essential to speak with the experienced attorneys at Schilling & Silvers PLLC, who can help you understand your legal rights and options.

If the other driver was speeding or driving recklessly.

According to Florida’s no-fault laws, if you are involved in a car accident, your insurance company will pay for your damages, regardless of who was at fault. However, there are some exceptions to this rule.

First, if the other driver was speeding or driving recklessly, you might be able to sue them for damages. To do this, you will need to prove that their actions were the cause of the accident. This cannot be easy, but it may be possible with witnesses or video evidence. If you are successful in court, you may be awarded damages for your medical expenses, property damage, and pain and suffering.

However, it is essential to remember that suing the other driver will not guarantee you will receive any money. If you do not have strong evidence or if the other driver does not have enough assets to cover your damages, you may have to pay for your repairs. As a result, it is important to weigh your options before deciding whether or not to sue the other driver.

Protecting Your Rights After a Collision

If you are involved in a car accident, there are specific steps you can take to protect your rights. These include:

Call the police – The Fort Lauderdale police will create a report of the accident, which can be used as evidence in a personal injury lawsuit.

Get medical attention – Even if you don’t think you’re injured, it’s important to see a doctor as soon as possible. Some injuries, such as whiplash, may not be immediately apparent.

Take pictures – Take pictures of the accident scene and your injuries. This can be used as evidence in a personal injury lawsuit.

Speak to our team– Our experienced car accident attorneys can help you understand your rights and options after a collision. They can also help you negotiate with the insurance company and, if necessary, file a personal injury lawsuit.

We will work on your behalf to make sure you receive the compensation you deserve. We are happy to provide a free consultation to discuss your case. Give us a call today!

Dangerous Roads and Intersections in Fort Lauderdale

Driving in Fort Lauderdale, FL, can be dangerous, especially given the traffic volume and complexity of some of the city’s roads and intersections. According to statistics from the Florida Department of Highway Safety and Motor Vehicles, Broward County, where Fort Lauderdale is located, experiences many traffic accidents annually.

In 2023, there were 19,762 crashes with 100 fatalities and 12,316 injuries. There were 421 pedestrian crashes with 15 fatalities, 392 motorcycle crashes with 19 deaths, 336 bicycle crashes, and 6 fatalities. Additionally, Broward County had 6,114 hit-and-run accidents, with 10 deaths and 1,249 injuries.

Among the roads and intersections identified as being particularly hazardous, the following locations in Fort Lauderdale have a reputation for their high number of accidents:

State Road 838 (Sunrise Boulevard) – This road sees a high traffic volume daily, increasing the likelihood of accidents, particularly during peak hours.
Interstate 95 (I-95) – This is one of the busiest highways in the country and runs right through the heart of Fort Lauderdale. Accidents on this highway are often severe due to high speeds and heavy traffic volume.
US 441 (State Road 7) – Another major route that cuts through Broward County, US 441 is a site for numerous crashes yearly.
Broward Boulevard and 27th Avenue – This intersection is notorious for car accidents due to its complex layout and heavy traffic flow.
State Road A1A – This scenic coastal highway is known for high-speed crashes, especially at night or during tourist season.
State Road 84 and I-95 Interchange – This complex interchange is often a hotspot for accidents, given the number of lanes merging and exiting.
State Road 816 (Oakland Park Boulevard) – This is another problematic roadway due to the traffic volume and multiple intersections.

While driving, it is crucial to be aware of your surroundings, follow the speed limit, and obey traffic laws, especially when navigating these dangerous roads and intersections in Fort Lauderdale.

Serving Fort Lauderdale, Florida

Fort Lauderdale is a gorgeous city with an intricate network of waterways, making it a unique and vibrant part of the Sunshine State. Its beautiful beaches, lively arts scene, and year-round sunshine attract millions of visitors from around the globe. However, not just the canals and beaches give Fort Lauderdale its character. The city’s transportation network, a critical factor in its economic vitality and bustling tourism industry, is a crucial part of its identity.

Several major interstate highways, including I-75, I-95, and I-595, crisscross the region, connecting Fort Lauderdale to other Florida cities and beyond. Highways U.S.1, US 27, and US 441 also offer additional routes for residents and visitors. This extensive roadway system enables countless daily journeys, but unfortunately, it also sees its share of car accidents.

At Schilling & Silvers, we know that the aftermath of a car crash can be physically, emotionally, and financially distressing. This is when you need a Fort Lauderdale car accident lawyer you can trust to advocate for your rights and fight for the compensation you deserve.

Fort Lauderdale has abundant resources for car enthusiasts and those needing auto repairs.

One of the places that car fans should check out is 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.

Then there’s 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.

For those with a soft spot for classic cars, 17 Classic Cars is a must-visit. This dealership specializes in buying and selling vintage and classic cars, allowing you to find a new gem for your collection or a new home for your beloved vehicle.

The Fort Lauderdale Collection is another fantastic resource for car enthusiasts. They have an impressive collection of pre-owned exotic and luxury cars from top manufacturers worldwide. From Ferraris to Bentleys, they’ve got something to thrill any car lover.

Experienced Florida Law Firm

When it comes to navigating the complexities of a car accident claim in Fort Lauderdale, experience matters. At Schilling & Silvers, we are knowledgeable car accident attorneys in Fort Lauderdale with an impressive track record of providing high-quality representation in car accident cases.

We bring our wealth of experience and depth of legal knowledge to the table to help our clients effectively advocate for their rights. Known for our dedication and tenacity, our team strives to deliver the best possible results for our clients, ensuring that every client receives the compensation they deserve. If you’ve been involved in a car accident and need skilled legal representation, you can trust Schilling & Silvers to provide the expert guidance and support you need.

In addition to Fort Lauderdale, our legal team also serves Pompano Beach, Miami, Weston, Plantation, Hialeah, Sunrise, Davie, Fort Myers, and more.

Fort Lauderdale Car Accident Attorney