Hialeah Car Accident Attorney

Driving in Hialeah, Florida, should be a relaxing experience, where each journey, whether it’s a routine commute or a special trip, is one you complete safely. Unfortunately, the reality of driving often falls short of this ideal. In Hialeah, like in any bustling city, accidents happen, often due to the negligence or recklessness of others. Picture this: you’ve just finished a shopping spree at Westland Mall, and as you’re pulling out onto W. 49th St., your car is suddenly T-boned by a distracted driver who is texting. Or, imagine you’re waiting at a stoplight on E. 32nd St outside the vibrant Hialeah Park Casino, and out of nowhere, a driver who was tailgating too closely to stop in time rear-ended you.

If this happens, you don’t only have to deal with a disruption to your day, but you may also sustain physical injuries, financial setbacks, and emotional trauma. This is where a skilled Hialeah car accident lawyer from Schilling & Silvers Property and Accident Attorneys comes into the picture. With a deep understanding of Hialeah’s local roads, traffic patterns, and legal landscape, our attorneys have everything they need to give you the support and guidance you need.

In Hialeah, the busy streets are a testament to the city’s vibrancy but also increase the risk of accidents. While many drivers practice safe driving habits, there are always those who don’t and choose to engage in risky behaviors like texting while driving or driving under the influence. It’s unfair for safe drivers to deal with the financial and emotional toll of accidents this negligence causes.

Most people know they can file a claim with the at-fault driver’s insurance company. However, what often comes as an unpleasant surprise is how hard these insurance adjusters work to minimize your compensation. This is especially true when you’re trying to get through this process without the expertise of a car accident attorney in Hialeah, Florida. At Schilling & Silvers Property and Accident Attorneys, we aim to ensure you receive the total compensation you deserve, not just what the insurance company is willing to offer. We encourage you to reach out for a free consultation today.

How Often Do Crashes Occur in Hialeah, Florida?

Hialeah, Florida, situated in the heart of the Miami metropolitan area, is a hub of activity and dense traffic, significantly influenced by its infrastructure and proximity to Miami. The city gets crisscrossed by several major highways and roads, including I-75, I-95, the Palmetto Expressway, U.S. Route 27, and State Road 924. These roadways are vital for commuting and transportation but also contribute to the high risk of car accidents.

As car accident lawyers in Hialeah, our legal team is well aware that the I-75 and I-95, in particular, are notorious for heavy traffic flow, as they are vital local and long-distance travel routes. The Palmetto Expressway, another significant roadway, often experiences congestion, especially during peak hours. Similarly, U.S. Route 27 and State Road 924 are necessary connectors equally prone to traffic jams and accidents.

Hialeah’s proximity to Miami, one of Florida’s most densely populated cities, adds another layer of complexity to its traffic scenario. With its own traffic challenges, Miami’s urban environment spills over into Hialeah, escalating the potential for accidents. This is especially true during rush hours, weekends, and holidays, when vehicles on the road increase dramatically.

Given these factors, crashes in Hialeah occur regularly, reflecting the challenges posed by high traffic volumes, complex road networks, and the influence of neighboring Miami’s traffic patterns. For example, in Miami-Dade County, there were 62,536 car accidents with 352 fatalities and 28,706 injuries. This is a 21.33% jump in accidents from 2020; the three-year average for crashes is 59,741 in the county alone. Out of these crashes, 42,816 resulted in significant property damage.

Research shows that Miami-Dade County had 354 deaths from car accidents in 2022, and this was three less than in 2021 but nine more than in 2020.

If you have been injured in a car crash and need immediate legal assistance, reach out to one of our Hialeah car accident attorneys for a free consultation today.

Why Are All These Hialeah Car Crashes Happening?

Several common but very dangerous driving behaviors are the root causes of most crashes in Hialeah and Miami-Dade County. These behaviors negatively impact the safety of the individual drivers and everyone on the road, and they include:

Drunk Driving

One of the most severe causes of accidents in Hialeah, as in many other cities, is drunk driving. Driving under the influence of alcohol severely impairs a driver’s judgment, reaction time, and overall ability to drive safely. Driving while intoxicated can lead to severe accidents, often resulting in serious injuries or fatalities. Despite strict DUI laws and awareness campaigns, drunk driving is still a critical issue.

Speeding

Speeding is another leading cause of crashes which our Hialeah car accident lawyers see. Drivers who exceed speed limits or drive too fast for road conditions have less time to react to unexpected situations, such as a sudden stop in traffic or a pedestrian crossing the road. High-speed collisions are hazardous and are more likely to result in severe injuries or property damage.

Distracted Driving

With the rise of smartphones and other digital devices, distracted driving has become an enormous issue. Drivers texting, talking on the phone, or fiddling with in-car technologies are not entirely focused on the road. This lack of attention can lead to missed signals, failure to notice other vehicles, and delayed reactions to traffic changes, all of which can cause accidents.

Running Red Lights

Ignoring traffic signals, especially running red lights, is a hazardous behavior that often leads to intersection accidents. These collisions can be dangerous as they often involve a side-impact crash. Drivers who run red lights put themselves and others at significant risk, as these accidents can result in serious injuries, given the angles and speeds involved.

Dangerous Intersections in Hialeah, Florida

As Hialeah car accident attorneys, we know that the city is home to some notoriously dangerous intersections, where heavy traffic, complex road layouts, and other factors contribute to a high risk of accidents. They include:

South Dixie Highway Intersection in Hialeah

The intersection at South Dixie Highway in Hialeah is notoriously dangerous due to the high traffic volume it handles daily. This heavy traffic flow significantly increases the chances of collisions. A tragic example of the dangers at this intersection happened in early March, when a driver lost his life after crashing into a telephone pole.

Hialeah Garden Blvd & Okeechobee Rd in Hialeah Gardens

This intersection is particularly notorious, having earned a spot on TIME’s list of the 12 most dangerous intersections in the country, a testament to its hazardous nature. With about half of the intersections on this list located in Florida, it underscores the state’s challenges with road safety. Okeechobee Road, a major roadway in Hialeah Gardens, has a lot of collisions, and the intersection with Hialeah Garden Blvd is perilous.

Why Are Intersections Dangerous?

Intersections are inherently dangerous for several reasons:

  • Aggressive and Distracted Drivers: Drivers who are either distracted (e.g., using their phones) or driving aggressively (e.g., speeding, running red lights) significantly increase the risk of accidents at intersections.
  • Complicated Road Layouts: Intersections with complex designs or multiple crossing points can be confusing and dangerous, particularly for unfamiliar drivers.
  • Dim or Inadequate Lighting: Poor lighting at intersections makes it difficult for drivers to see other vehicles, pedestrians, or road signs, particularly at night or during inclement weather.
  • Discontinuous Sidewalks: Interrupted or poorly designed sidewalks can endanger pedestrians, forcing them to walk through traffic or take unsafe routes.
  • Jaywalkers: Pedestrians crossing roads improperly or unexpectedly can surprise drivers, leading to accidents.
  • Poor or Lack of Signage: Inadequate signage at intersections can lead to confusion among drivers, resulting in wrong turns, failure to yield, and accidents.
  • Volume or Congestion: High traffic volume, typical in Florida’s densely populated areas, increases the risk of crashes. The presence of vehicles, cyclists, motorcyclists, and pedestrians nearby can lead to collisions, especially when drivers or other road users are not paying attention.

Comparative Negligence Laws in Florida and the New Tort Reform

Florida’s recent tort reform significantly altered the state’s approach to handling comparative negligence in car accident and personal injury claims. Before diving into the specifics of the new law, as car accident attorneys in Hialeah, we feel it’s essential to understand what comparative negligence means in the context of personal injury law.

Comparative Negligence Explained

Comparative negligence is a law the courts use to divide fault in cases where several people could be responsible for an accident. Under this system, the court assesses each party’s degree of fault and adjusts any compensation awarded based on the person’s level of responsibility.

Florida’s Shift from Pure to Modified Comparative Negligence

Florida’s previous system, known as “pure comparative negligence,” allowed a party to recover damages even if they were 99% at fault, though their percentage of fault would reduce their compensation. However, with the enactment of HB 837 on March 24, 2023, signed into law by Governor Ron DeSantis, Florida switched to a “modified comparative negligence” system.

Key Aspects of the New Law

Under the new modified system, there are crucial changes in how fault and compensation are determined:

  • 50% Threshold for Compensation Recovery: If the court finds an individual more than 50% responsible for causing their own injuries, they aren’t allowed to recover compensation. This is a significant shift from the previous system, where an individual could recover some portion of the damages regardless of their level of fault.
  • Exceptions: This new rule does not apply to claims based on medical negligence. Therefore, the traditional comparative negligence rules continue to apply in medical malpractice cases.
  • Compensation Proportional to Fault: Anyone the court decides is 50% or less at fault is still eligible to recover compensation. However, the total amount they receive will be proportionally reduced based on their percentage of fault. For example, if a person has $1 million in damages, but the court decides they are 30% at fault, they would receive $700,000 (70% of the total damages).

This can be very tricky, and it’s precisely why you want an experienced Hialeah car accident lawyer if you take your accident claim to court.

Types of Claims Our Hialeah Car Accident Attorneys Handle

The legal team Schilling & Silvers Property and Accident Attorneys specialize in handling a variety of car accident claims, each with its unique challenges and considerations:

  • Wrong-Way Accidents: These happen when a driver travels in the opposite direction of traffic, often leading to head-on collisions. Wrong-way accidents are hazardous and often result in severe injuries or fatalities.
  • Hit-and-Run Accidents: Our team handles cases where a driver causes an accident and then leaves the scene without providing assistance or exchanging information, leaving victims in legally and financially challenging positions.
  • Rear-End Accidents: Common yet potentially serious, rear-end accidents can happen due to various reasons, including sudden stops and inattentive driving, leading to injuries like whiplash.
  • Speeding Accidents: Speeding is a frequent cause of accidents on Hialeah’s major roads, such as I-75, I-95, the Palmetto Expressway, U.S. Route 27, and State Road 924. These high-speed collisions often result in significant damage and injuries.
  • Rideshare Accidents (Lyft and Uber): With the rise of rideshare services like Lyft and Uber, accidents involving these vehicles have become more common, raising complex issues regarding liability and insurance coverage.
  • Distracted Driver Accidents: These accidents happen when a driver’s attention is away from the road, often due to mobile phone use, leading to potentially catastrophic consequences.
  • T-Bone Accidents: Mainly occurring at intersections, T-bone accidents involve the side of one vehicle being struck by the front or rear of another vehicle, often resulting in severe vehicle damage and personal injuries.
  • Taxi Accidents: Our Hialeah car accident attorneys handle cases involving taxis, including those operated by local companies such as Yellow Cab, Jays Transportation, Pines Cab Co., Transportation Sunshine, Inc., Hialeah Taxi, Doral Area Taxi, and Country Club of Miami Taxi. These accidents can involve unique insurance and liability issues.

When to Hire a Hialeah Car Accident Attorney

If you’ve sustained injuries in an auto accident in Hialeah, Florida, contacting a car accident lawyer in Hialeah, Florida, as soon as possible is crucial. They can help guide you through the claims process, protect your rights, and identify potential parties at fault. Even if your injuries seem minor, consulting with an attorney early ensures evidence preservation and a strong case. The sooner you involve a lawyer, the better your chances of receiving the compensation you deserve. At Schilling & Silvers, we have qualified attorneys who can help identify potential parties at fault and ensure we protect your rights.

Hialeah, Florida

Hialeah, FL, is actively working towards enhancing its urban infrastructure with projects like the Complete Streets initiative and the Transit-Oriented Development (TOD) land use designation. The Complete Streets project is focused on creating streets that are safer and more accessible for all users, including pedestrians, cyclists, motorists, and public transport users. The TOD designation promotes high-density, mixed-use development near transit facilities to reduce car dependency and encourage public transportation use. These initiatives are part of Hialeah’s broader effort to create a healthier, more sustainable urban environment.

For car accident victims in Hialeah, there are several resources available:

  • Hialeah Auto Care Center: This shop offers comprehensive auto repair services, specializing in maintenance and collision repair.
  • Trebol Auto Service, Inc.: This reliable service center provides a range of auto repair services, including engine diagnostics and brake repairs.
  • Sharp Deal Automobiles: Known for their quality service, they offer various car repair and maintenance services.
  • Chabon Auto Care: They provide a full spectrum of auto care services, from routine maintenance to more complex mechanical repairs.

Experienced Hialeah Injury and Accident Lawyers

At Schilling & Silvers Property and Accident Attorneys, our team of experienced Hialeah car accident lawyers dedicate ourselves to providing top-notch legal representation for those affected by car accidents. Our attorneys bring a wealth of knowledge and a proven track record in representing complex accident claims, ensuring that each client receives the personalized attention and aggressive advocacy they deserve.

With our deep understanding of Florida’s traffic laws and commitment to client success, Schilling & Silvers is a reliable and trusted choice for legal assistance in Hialeah.

In addition to Hialeah our legal team serves Hollywood, FL, Fort Lauderdale, Coral Springs, Plantation, Pompano Beach, and more.