When driving in Miami Gardens, Florida, you expect other drivers to exercise caution. Unfortunately, negligent or reckless driving can lead to accidents. If you’re injured in a car accident in Miami Gardens, Florida, you deserve compensation beyond the initial insurance offer. At Schilling & Silvers Property and Accident Attorneys, our experienced Miami Gardens car accident lawyers are dedicated to ensuring you receive the full compensation you’re entitled to.

Every day, dangerous behaviors like texting while driving, DUI, or speeding put safe drivers at risk. For instance, a distracted driver may clip your car while you’re heading to a Miami Dolphins game at the Hard Rock Stadium, or you might be returning a rental car from Exotic Car Rental Miami and get t-boned on 22^nd Ave by a driver rushing to beat a red light.

In such cases, understanding your rights is crucial, and having a skilled car accident attorney in Miami Gardens, Florida, is essential for navigating the legal complexities.

Contact Schilling & Silvers Property and Accident Attorneys today for a free case evaluation, and let us help you achieve the justice you deserve.

How Frequently Do Auto Accidents Occur in Miami Gardens, Florida?

Miami Gardens, a vibrant city located in North-Central Miami-Dade County, boasts a population of over 111,000 residents as of 2020. Despite its bustling community and active lifestyle, the city’s roads can be perilous. With high traffic volumes, distracted drivers, speeding vehicles, teenage drivers, and those failing to obey traffic signals, the risk of car accidents in Miami Gardens is notably high.

The city’s most accident-prone roads include Interstate 95, Miami Gardens Drive, NW 27th Ave., NE 2nd Ave., and the Palmetto Expressway. These thoroughfares are essential for daily commutes and local travel but also pose significant dangers due to frequent congestion and high traffic density.

Car Accident Statistics for Miami-Dade County

In Miami-Dade County, where Miami Gardens is situated, the prevalence of car accidents is a pressing concern. According to the Florida Department of Highway Safety and Motor Vehicles, the county reported the following statistics:

2022:
- Total Crashes: 63,540
- Total Fatalities: 309
- Total Injuries: 28,726
2021:
- Total Crashes: 62,536
- Total Fatalities: 352
- Total Injuries: 28,706
2020:
- Total Crashes: 51,543
- Total Fatalities: 314
- Total Injuries: 24,228

Deaths from Motor Vehicle Crashes

In 2022, Miami-Dade County experienced 354 deaths from motor vehicle crashes, with an age-adjusted death rate of 12.2 per 100,000 population. This rate is slightly lower than the state average for Florida, which was 15.8 per 100,000 population in the same year.

Over the past decade, the death rate in Miami-Dade has generally been lower than the state average, but the high number of fatalities remains a significant concern.

If you need immediate legal assistance from an experienced Miami Gardens car accident lawyer contact Schilling & Silvers Property and Accident Attorneys today. We offer free case evaluations and are never too busy to answer your questions.

What Are Some of The Factors Contributing To All The Crashes in Miami Gardens, Florida?

Miami Gardens, with a population of over 111,000, is known for its vibrant community but also faces significant road dangers. Busy routes like Interstate 95 and Miami Gardens Drive see a high frequency of accidents due to factors such as distracted driving, speeding, and teenage drivers. Understanding these common causes is vital for our clients at Schilling & Silvers Property and Accident Attorneys.

Here are key contributors to car accidents in the area:

Distracted Driving: Texting while driving increases accident risk significantly. Younger drivers, especially those aged 16-24, are more likely to use their phones while behind the wheel.
Speeding: The risk of fatal crashes doubles for every 10 mph over 50 mph. Young male drivers are particularly involved in speed-related incidents.
Impaired Driving: Alcohol and drunk driving contributes to nearly 30% of traffic deaths, with young adults aged 21-25 at the highest risk. Miami-Dade reported 269 alcohol-related crashes in 2022.
Running Red Lights and Stop Signs: Ignoring traffic signals is a primary cause of urban accidents, especially at intersections where new drivers may struggle with judgment.
Aggressive Driving: Behaviors like tailgating and unsafe lane changes often lead to severe accidents, particularly involving young male drivers.
Weather Conditions: Poor weather contributes to over a million accidents annually, impacting older drivers who may have slower reaction times.
Failure to Yield: This often occurs due to misjudgment of other vehicles’ speed or distance, particularly among inexperienced and older drivers.
Poor Road Conditions: Hazards like potholes can lead to loss of vehicle control, especially for inexperienced drivers.
Tire Issues: Problems like under-inflation and blowouts are responsible for thousands of accidents yearly, affecting older drivers’ reactions.
Drowsy Driving: This leads to over 100,000 accidents annually, with shift workers and young drivers particularly vulnerable.

As experienced Miami Gardens car accident attorneys, we are committed to understanding these causes to provide the best representation. If you or a loved one has been injured in a car accident, contact Schilling & Silvers Property and Accident Attorneys for assistance.

How Do You Prove Liability in a Miami Gardens Car Accident Case?

Securing compensation after a car crash requires establishing fault, which involves thorough evidence collection. As attorneys who specialize in auto accident claims in Miami Gardens, Florida, we emphasize gathering strong proof that demonstrates your compliance with traffic laws while showing the other driver’s negligence. Here are key ways to prove liability:

Police Reports: Official reports from the Miami Gardens Police Department detail the officer’s observations, including driver behavior and any citations. Always request a copy post-accident.
Photos: Images from the accident scene illustrate vehicle damage and injuries, providing context for liability through damage location and extent.
Documents: Repair statements and medical records help clarify the seriousness of your injuries, countering claims from the other driver.
Statements: Eyewitness accounts can strengthen your case. Collect recorded or written statements from witnesses present at the scene.
Traffic Laws: Citing specific traffic code violations can bolster your argument in court.
Type of Crash: Certain crashes, like rear-end collisions, often imply fault for the trailing driver.

Your case may involve multiple negligent parties. While Florida’s no-fault rule offers initial relief through auto insurance, pursuing civil claims for damages exceeding coverage is possible. An experienced car accident lawyer in Miami Gardens, Florida can assist in navigating these complexities, including:

Product Liability: If a defective vehicle part caused the accident, manufacturers may be liable.
Government Agencies: Claims against government entities for unsafe road conditions involve stricter regulations.
Multiple Vehicles: Accidents with multiple vehicles can complicate liability determinations.
Rideshare Accidents: Incidents involving rideshare services lead to complex insurance disputes, necessitating legal guidance.
Establishments Serving Alcohol: If an overserved patron causes an accident, the establishment may share liability.
Distracted Drivers: If distracted driving contributed to the crash, holding the responsible party accountable is crucial.

Proving fault is essential for securing compensation. If you or a loved one has been injured in a car accident in Miami Gardens, contact Schilling & Silvers Property and Accident Attorneys for dedicated assistance. Schedule a free case evaluation with our experienced Miami Gardens car accident lawyers today.

How Florida’s Modified Comparative Fault Rule Works in Car Crash Claims

Understanding Florida’s modified comparative fault rule is essential for anyone involved in a car collision in Miami Gardens, Florida. This rule significantly impacts how damages are awarded, and recent changes have made it even more crucial to seek expert legal advice from skilled legal representative.

How The System Worked Prior To March 24th, 2023

Before March 2023, Florida followed a pure comparative fault system. This system allowed a person injured in a car accident to recover damages from another party, with the total amount reduced by their percentage of fault. For example, if Person A was rear-ended by Person B but was found to be 20% at fault for the accident, Person A could still recover 80% of their damages from Person B. This principle applies to all personal injury cases, including auto accidents, slip and fall incidents, and more.

Florida’s New Modified Comparative Fault Rule

On March 24, 2023, Florida adopted a modified comparative fault rule. Under this new rule, if Person A is rear-ended by Person B, Person A can still recover damages, but only if they are found to be 50% or less at fault for the accident. If a jury determines that Person A is more than 50% responsible for their own accident, they are barred from recovering any damages.

The modified comparative fault rule absolves defendants of liability if the plaintiff is found to be more than 50% at fault. This means that if a plaintiff is deemed 51% or more responsible for their injuries, they cannot recover any damages from the defendant. This shift in policy emphasizes the importance of establishing fault accurately and thoroughly.

Implications for Car Crash Victims in Miami Gardens

For victims of auto accidents, this new rule underscores the importance of working with a skilled Miami Gardens car accident attorney. Proving that the other party is primarily at fault is now more critical than ever to ensure you receive the compensation you deserve.

Florida’s “No-Fault” Laws And How They Affect Car Accident Claims in Miami Gardens

Understanding Florida’s no-fault insurance laws is essential for navigating car accident claims. These laws dictate how you seek compensation after an accident, making it vital to consult with a knowledgeable car accident lawyer in Miami Gardens, Florida, at Schilling & Silvers Property and Accident Attorneys.

What Is No-Fault Insurance?

In Florida, no-fault insurance requires injured drivers to file personal injury claims with their own insurance companies. Personal Injury Protection (PIP) is mandatory for vehicle registration and covers medical expenses and financial losses for anyone on your policy, regardless of fault. Vehicle owners must carry a minimum of $10,000 in PIP and $10,000 in property damage liability.

After an accident, you can file a claim with your insurer for medical expenses without needing immediate legal action against the other party. This system has its pros and cons.

Pros of No-Fault Insurance

Uninsured Driver Coverage: Your PIP covers injuries from uninsured drivers.
Hit-and-Run Protection: You are covered in hit-and-run accidents.
Streamlined Claims: Claims are filed with your own insurer, avoiding lengthy legal disputes.
Quick Compensation: Payments are typically faster since fault is not considered.
Comprehensive Coverage: PIP covers medical costs, lost wages, and provides up to $5,000 in death benefits.

Cons of No-Fault Insurance

Limited Compensation: PIP only covers 80% of medical expenses and 60% of lost wages, potentially leaving gaps for severe injuries.
Higher Premiums: Insurance rates may rise post-accident, even if not at fault.
Lack of Accountability: Determining fault is deprioritized, which can be frustrating if the at-fault driver faces fewer consequences.

Exceptions to No-Fault Insurance

If your injuries are deemed “serious,” you may pursue a liability claim against the at-fault driver. Serious injuries under Florida law include:

Significant and permanent loss of an important bodily function
Permanent injury
Significant and permanent scarring or disfigurement
Death

These conditions allow you to pursue claims outside of your PIP coverage. For further details, refer to Florida Statutes § 627.7407.

To learn more about Florida’s insurance laws and requirements reach out to our experienced legal team today. We are never too busy to answer any questions you may have.

How Our Miami Gardens Car Accident Lawyers Can Help You and Your Family

After a car wreck, you might hesitate to hire an attorney, especially if you think your injuries are minor. However, our extensive experience at Schilling & Silvers Property and Accident Attorneys has shown that consulting with a legal representative is crucial before accepting any settlement from insurance companies. Our expertise ensures that you receive the compensation you deserve, regardless of the severity of your injuries.

Comprehensive Legal Support

Our team of skilled attorneys and accident experts is dedicated to navigating the complex claims process on your behalf. Here’s how we can assist you:

Case Evaluation: We provide a thorough assessment of your case to determine the best legal strategy tailored to your specific situation.
Investigation: Our legal team will gather crucial evidence, interview witnesses, and collaborate with experts, including licensed accident investigators and medical professionals, to build a robust case.
Negotiation: We will negotiate aggressively with insurance companies to secure a fair settlement that covers all your losses, from medical expenses to lost wages.
Litigation: If necessary, we are fully prepared to take your case to court to ensure you receive the justice and compensation you deserve.

Why Choose Schilling & Silvers Property and Accident Attorneys?

Our dedication to our clients goes beyond just legal representation. We utilize the latest technologies and resources to support your case, ensuring that every detail is meticulously handled. Our services include:

Evidence Gathering: We collect and preserve all necessary evidence to establish liability and prove the extent of your damages.
Claims Filing: We ensure that all claims are filed promptly and correctly, meeting all legal deadlines.
Expert Collaboration: Our team works with medical directors, full-time staff nurses, and other specialists to substantiate your claims.
Stress-Free Process: We handle all paperwork, negotiations, and court proceedings, allowing you to focus on your recovery.

What Types of Damages Are Available To Car Crash Victims in Miami Gardens, Florida?

When you file a claim or seek compensation after a car accident in Miami Gardens, Florida, you can recover various types of damages. Understanding these damages can help you know what to expect and ensure you receive the compensation you deserve. At Schilling & Silvers Property and Accident Attorneys, our Miami Gardens car accident lawyers are dedicated to helping you secure the full range of damages available to you.

Compensatory Damages

Compensatory damages aim to cover your financial losses (economic damages) and your crash-related pain and suffering (noneconomic damages). These damages include:

Medical Expenses: This covers both past and current medical bills, as well as future medical expenses for necessary treatments.
Rehabilitation Costs: Expenses for physical therapy and other rehabilitative services.
Property Damage: Costs to repair or replace your damaged vehicle.
Lost Wages and Job Benefits: Compensation for income lost due to the inability to work following the accident.
Lost Job Opportunities: Damages for career opportunities missed due to your injuries.
Nursing Assistance: Costs for in-home care if needed.
Funeral Expenses: In cases of fatal accidents, this covers burial and funeral costs.
Chronic Physical Pain: Compensation for ongoing physical suffering caused by the accident.
Emotional Distress: Damages for psychological impacts, such as anxiety or depression.
Loss of Consortium: Compensation for the loss of companionship and support from a loved one.
Disfigurement: Damages for permanent scars or disfigurement.
Reduced Quality of Life: Compensation for the diminished enjoyment of life due to injuries.

A recent Florida law allows a defendant to request information about how much of your medical expenses were covered by insurance. This information, previously private, can be revealed to a jury. While juries are not required to deduct insurance payments from your award, insurance company lawyers may try to use this information to reduce your compensation. Our Miami Gardens car accident attorneys will ensure that your compensation is not unfairly reduced.

Non-Compensatory Damages

Punitive damages, known as non-compensatory damages, are not awarded to compensate for your injuries. Instead, they are designed to punish the defendant and deter similar behavior in the future. These damages are only available when there is clear and convincing evidence of intentional misconduct or gross negligence. Situations that might qualify include being hit by a drunk driver or someone driving aggressively. Our car accident lawyers in Miami Gardens, Florida, will diligently seek punitive damages if applicable.

Wrongful Death Damages

If a family member has been killed in a car accident, you may pursue wrongful death damages. These include both economic and noneconomic damages such as:

Pain and Suffering: Compensation for your loved one’s suffering before their death.
Medical Expenses: Costs for medical care before the death.
Loss of Income: Compensation for the income your loved one would have earned.
Funeral and Burial Expenses: Costs associated with the funeral and burial.
Loss of Companionship: Compensation for the loss of support, love, and guidance.
Punitive Damages: This may be available to punish the defendant for egregious conduct.

How Much is a Miami Gardens Auto Accident Settlement Worth?

Car accidents can lead to serious injuries, financial losses, and emotional distress. Understanding the factors that influence settlement amounts is essential for navigating the legal process and securing fair compensation. At Schilling & Silvers Property and Accident Attorneys, our Miami Gardens car accident lawyers are committed to helping you achieve the maximum compensation you deserve. Here are the key factors that can affect your car accident settlement:

Factor #1: Fault and Liability

If another party is fully responsible for the accident, you can recover all damages. However, if you share some fault, Florida’s pure comparative fault rule applies, reducing your recovery by your percentage of fault. For example, if you are 30% at fault for a crash with $100,000 in damages, you can recover $70,000.

Factor #2: Type and Severity of Injuries

More severe injuries typically result in larger settlements. Traumatic brain injuries or permanent disabilities generally yield higher compensation than minor injuries like a broken arm. It’s crucial to consult a Miami Gardens car accident attorney to ensure you receive the compensation you deserve, regardless of injury severity.

Factor #3: Prompt Medical Evaluation

Seeking immediate medical evaluation is vital. Delays can lead insurance companies to argue that your injuries weren’t caused by the accident, potentially reducing your settlement. Always document your symptoms and medical visits.

Factor #4: Statements After the Accident

Be cautious with statements made at the scene or to insurance adjusters, as they can impact your claim. Avoid admitting fault or agreeing to provide recorded statements without consulting an attorney, as these can be used against you.

Factor #5: Permanent Damage

Injuries that result in permanent damage, such as paralysis or traumatic brain injuries, typically increase claim value due to ongoing medical costs and impact on quality of life. Compensation can include both economic damages and emotional pain and suffering.

Understanding these factors can help you navigate the complexities of car accident claims effectively. For personalized guidance, contact Schilling & Silvers Property and Accident Attorneys today.

How Long Will My Miami Gardens Car Crash Claim Take to Settle?

A common question during personal injury consultations is, “How long will my lawsuit take to settle?” We recognize that this concern goes beyond legalities; car accident injuries affect you physically, emotionally, and financially. At Schilling & Silvers Property and Accident Attorneys, we empathize with your situation and are here to help you navigate the timeline for settling your auto accident claim.

Factors Influencing Claim Duration

The duration of your claim can vary widely. Some cases settle quickly, particularly when liability is clear, injuries are serious, and insurance policy limits are low. However, if higher insurance coverage exists, companies may contest claims to save costs. While most cases settle out of court, trials can face delays due to court schedules, especially in light of past disruptions like the COVID-19 pandemic.

What If You Already Have a Settlement Offer?

An initial offer from the insurance company is often low, and aimed at quick resolution. Quick settlements benefit insurance companies but may not fully cover your injuries or long-term needs. Before accepting, consider:

Quick Settlements: These may leave you under-compensated for future needs.
Medical and Financial Impact: Ensure the offer accounts for all medical expenses and lost wages, factoring in the long-term consequences of your injuries.
Future Claims: Accepting a settlement typically forfeits your right to seek further compensation, so ensure it covers all future needs.

Key Steps Before a Fair Settlement Offer

Complete Medical Treatment: Reach maximum medical improvement (MMI) before seeking compensation.
Collect Medical Records and Bills: Gather all relevant medical documents, including estimates for future care.
Respond to the Demand Package: This package outlines your injuries, medical costs, and wage losses and initiates negotiations with the insurance company.

Understanding these steps and avoiding common pitfalls, like delaying medical care or making uninformed statements to insurers, can significantly affect your claim’s outcome. For guidance, contact Schilling & Silvers Property and Accident Attorneys today.

What is The Time Limit To File a Car Accident Lawsuit in Miami Gardens?

In Florida, the statute of limitations dictates the timeframe for filing a legal lawsuit after a car accident. Under Florida Statutes § 95.11, individuals typically have two years from the date of the accident to file an injury claim. This recent change, enacted through House Bill 837, significantly reduces the previous period of four years, meaning it’s crucial to act quickly if you believe you have a case. Failure to file within this timeframe may result in being barred from recovering compensation for your injuries and losses.

It’s important to note that there are exceptions to this rule that could adjust your filing deadline. For example, circumstances such as the incapacitation of the injured party or the fleeing of the at-fault driver from Florida may extend this period.

Consulting with a knowledgeable car accident attorney in Miami Gardens, Florida, can provide clarity on whether any exceptions apply to your specific situation.

Miami Gardens, Florida

The Miami Gardens City Center, set to be completed by 2025, is an exciting mixed-use development that promises significant economic growth for the area. This expansive 35-acre project will feature 720 apartments, 270 hotel rooms, and 234,000 square feet of retail, restaurant, and entertainment space, along with two 800-space parking garages. With a total estimated cost of $92 million, the City Center is expected to be a vibrant hub for residents and visitors alike. However, this growth will inevitably lead to increased traffic and congestion on local roadways, heightening the risk of car accidents.

As construction begins, it’s important to be aware of the potential for higher traffic volumes and to drive cautiously in these busy areas. For those who find themselves in need of assistance after an accident in Miami Gardens, Florida, having a skilled legal representative can be invaluable.

Local Resources for Car Accident Victims in Miami Gardens, Florida

If you are involved in a car accident, here are some local resources that can help you get back on your feet:

Al’s Auto & Tire Service: A reliable auto repair shop offering a range of services to get your vehicle back on the road efficiently.
MAC Auto Repair & Tires: Another trusted option for auto repairs and maintenance in Miami Gardens, ensuring your vehicle is in good hands.
Optimal Health: A medical center dedicated to providing quality healthcare services, including treatment specifically tailored for car accident injuries.

Skilled Auto Accident Attorneys in Miami Gardens, Florida

At Schilling & Silvers Property and Accident Attorneys, we pride ourselves on our extensive experience in handling car crash claims. Our dedicated team of experienced Miami Gardens car accident lawyers is committed to providing compassionate and effective legal representation to victims seeking justice.

With a deep understanding of local laws and a proven track record of successful outcomes, we strive to ensure our clients receive the compensation they deserve for their injuries and losses. If you’re navigating the aftermath of a car crash, let our knowledgeable legal team guide you through the complexities of your case with the expertise and support you need. Contact us today for a free consultation.

Locations near Miami Gardens that our legal team serves include Hialeah, Hollywood, Miramar, Fort Lauderdale, Coral Springs, Pompano Beach, Plantation, Pembroke Pines, and more.

Miami Gardens Car Accident Attorney