We Help Car Crash Victims in Tampa Seek Full and Fair Compensation for Their Injuries
Each year there are more than 40,000 car accidents in Miami-Dade County. This represents thousands of deaths and hundreds of thousands more serious injuries. Even seemingly insignificant “fender benders” may result in bodily injuries and a victim facing substantial medical bills and other financial losses.
Car accidents are most commonly the result of driver negligence. So if a negligent driver, or other third party, is responsible for your car accident, you have the right under Florida law to demand compensation for your injuries. The Hialeah car accident lawyers at Dolan Dobrinsky Rosenblum Bluestein, LLP, can provide assistance. We are dedicated Florida personal injury lawyers serving clients throughout Miami-Dade County and all of South Florida. Our Hialeah car accident lawyer can investigate the facts and circumstances surrounding your car accident case, advise you of your rights under the law, and deal with the insurance companies and negligent parties involved on your behalf. Once you seek medical treatment after your accident, call us today at 305-371-2692 to schedule a no obligation consultation so we can gather evidence about you and your injuries from your Hialeah car accident under Florida law limits.
How Do Car Accidents Commonly Occur in Hialeah, Florida?
Hialeah and Miami-Dade County are high-traffic areas. As such, law offices say, they see a significant number of Hialeah car accidents on a given day. Most car crashes are not intentional. But some car accident cases can usually be traced back to some negligent or reckless act on the part of a driver. At Dolan Dobrinsky Rosenblum Bluestein, LLP, some of the more common causes of car accidents that we see with our clients include:
- DUI: Everyone knows–or should know–that drinking and driving is reckless, unsafe, and illegal. Yet too many drivers simply cannot appreciate that even one or two alcoholic beverages can compromise their reflexes to the point where they are too impaired to safely operate a motor vehicle. So when a drunk driver does cause an accident, they can be sued and held civilly liable for any injuries they cause to third parties, separate and apart from any potential criminal penalties imposed by law.
- Distracted Driving: Drunk driving tends to get the most public attention when it comes to car accidents. But distracted driving is a far more common cause of car wrecks. Unfortunately, we live in a time where we are surrounded by constant distractions, even when behind the wheel of a car. Distraction, however, is never an excuse for reckless driving. If your accident was the result of a driver taking their eyes off the road to look at their phone, talk to a passenger, or even eat a quick breakfast, that is negligence under Florida law.
- Tailgating: Statistically speaking, the most common type of car accident in Florida is a rear-end collision. Such accidents are almost always the result of the rear driver “tailgating,” i.e., following the vehicle in front of them too closely.
- Traffic Violations: The rules of the road apply to everyone. Ignoring those rules often leads to otherwise preventable car accidents. A driver who speeds, runs a red light, or changes lanes too quickly can easily cause an accident through their unsafe actions.
- Driver Fatigue: Many of us are overworked and sleep deprived. Despite this, too many drivers try to “push through” the fatigue and remain on the road well past the point where they should be at home and asleep. Fatigue may not garner headlines in the same way as drunk driving, but multiple scientific studies have shown that drowsiness can be just as dangerous as driving under the influence of alcohol or drugs.
- Vehicle Defects: There are cases where a car accident was not the fault of the driver. The vehicle itself may be the culprit. Modern cars are highly complex machines with thousands of parts. If any single part is defective and breaks down during use, it can trigger a chain reaction ending in a serious accident. Under Florida law, the manufacturer of a vehicle or any part is strictly liable for allowing a defectively designed or defectively produced product onto the open market.
- Poor Road Maintenance: The streets of Hialeah and Miami-Dade are often in poor condition. Something as simple as a pothole or a non-working traffic light can easily lead to an accident. In some cases, the State of Florida, Miami-Dade County, and the City of Hialeah can be held legally liable if negligence on the part of their maintenance crews caused your car crash.
How Does Florida’s “No-Fault” Insurance Rules Affect My Personal Injury Claim?
The State of Florida requires all motorists to carry a minimum of $10,000 in personal injury protection (PIP) coverage, as well as at least $10,000 in property damage liability (PDL) coverage. PIP is an auto insurance policy most often described as “no-fault” coverage. This is because in the event of an accident, your PIP insurer is required to pay for some of your personal injuries, regardless of who was legally responsible for the car accident.
Unfortunately, PIP coverage is not as comprehensive as you might think. The law only requires a PIP insurer to pay 80 percent of an accident victim’s “reasonable medical expenses” arising from accident-related injuries, up to the limits of the policy. Additionally, the insured may be entitled to recover up to 60 percent of their income lost if they are unable to return to work after the accident. In car accidents where someone is killed, PIP coverage only provides a $5,000 death benefit to the estate or relatives of the victim.
Fortunately, when a Florida car accident victim demonstrates they have suffered a “serious injury,” they can pursue a personal injury claim against the responsible parties outside of the no-fault system. A serious injury is one that results in death or some kind of permanent loss, such as the loss of a limb or disfigurement. In personal injury cases that meet this serious injury threshold, the victim can ask a court to award a full range of economic and non-economic damages against liable party, including but not limited to:
- all past and estimated future medical expenses;
- all lost wages, income, and diminished future earning capacity;
- compensation for pain and suffering;
- compensation for emotional distress; and
- compensation to the victim’s spouse and other immediate family members for the loss of the victim’s consortium and companionship.
What Happens When the Negligent Driver Blames Me for a Car Accident in Hialeah, Florida?
It is not uncommon for two drivers to point the fingers at one another following a car accident. Even in a case where one driver clearly appears to be at-fault, they may still try to shift some of the blame to the other driver’s negligence or even a third party. The reason for this strategy is Florida’s comparative fault approach to negligence in personal injury cases.
Comparative fault means that if a personal injury case goes to trial, the trier of fact (a judge or jury) must apportion relative fault among all parties who are responsible for the accident. This is done in percentage terms. If the plaintiff is an at-fault third party claim amount, their share of any award of damages must be reduced in proportion to prove liability. For example, if you sustain $100,000 in damages due to a car accident, and your comparative fault is determined to be 20 percent, the other driver would only have to pay 80 percent of your damages, or $80,000.
Until recently, Florida followed a “pure” comparative fault standard. This meant that an accident victim could still recover some amount of compensation even if they were 99 percent at-fault. In 2023, however, Florida decided to join the majority of states, which follow a “modified” comparative fault rule. Under the new standard, if the plaintiff is 51 percent or more at-fault for a car accident, then they recover nothing in a personal injury claim.
Florida’s modified comparative fault rule is just one reason you should always work with an experienced Hialeah car accident lawyer. You should never assume the other driver will be held solely–or even mostly–at-fault for your accident. Even if the other driver admits fault at the car wreck scene and apologizes to you, that will not prevent them from trying to argue comparative fault in the event of a lawsuit.
Who Should I Talk To–or Not Talk To–Following a Car Accident in Hialeah, Florida in Order to File a Car Accident Claim?
Florida law requires you to stop and render aid following a car accident. This means that you should pull your vehicle out of traffic when possible. You should determine if anyone appears to be injured and in need of any medical treatment or attention. If so, you must immediately call 911 and ask for the police and emergency medical personnel to respond to the accident scene.
You also have an obligation following any car accident to exchange contact and insurance information with the other drivers involved. You must also notify your own insurance company as soon as possible once the accident happens to protect your rights to any disability benefits and PIP benefits for personal injury cases. At the same time, you should also take heed of the following tips:
- Do not speak to the other driver beyond what is necessary to stop and render aid. Under no circumstances should you apologize or admit fault for the accident, even if you think you might be partly responsible for what has just happened.
- Do not give a recorded statement to any insurance company. You are not legally required to give such statements. And anything you do say might be used against you.
- Do not speculate about the causes of the accident to anyone. This includes the police, your insurance company, or even your friends and family. The police will conduct their own investigation and prepare an official accident report.
- Do not talk about your car accident on social media. Anything you say on the Internet is effectively a matter of public record. This means that an insurance company or defense attorney may try and use your social media posts against you in court.
- Always speak to an experienced Hialeah car accident lawyer as soon as possible following a car accident. Even if you expect that your PIP benefits will be sufficient to cover your losses, it is always best to work with an attorney who understands the no-fault system and can advise you of your potential right to file a personal injury lawsuit. Remember, the insurance company does not work for you–but your lawyer does.
Frequently Asked Questions About Car Accident Compensation in Hialeah, Florida?
QUESTION: How long do I have to file a personal injury lawsuit following physical injuries from a car accident?
ANSWER: The law has changed in this area. If your accident took place on or after March 24, 2023, you have 2 years from the date of that accident to file a personal injury lawsuit under Florida’s statute of limitations. Previously, the statute of limitations was 4 years. If your accident date occurred prior to March 24, 2023, this 4-year deadline may still be applicable.
QUESTION: Can I ask for punitive damages following a car accident?
ANSWER: Punitive damages are a special type of award meant to punish intentional or especially egregious misconduct. In most personal injury cases arising from car accidents, punitive damages are not available. But there are exceptions–notably accidents and injuries caused mostly by drunk drivers.
QUESTION: How likely is it that my car accident lawsuit will go to trial?
ANSWER: Only about 5 percent of all Florida personal injury cases go to a jury trial. Most of the time the parties reach an out-of-court settlement. Even so, by working with an experienced Hialeah car accident lawyer, you significantly improve your chances of obtaining a fair settlement and favorable outcome in your case, whether by settlement or trial. Indeed, insurance companies are far more likely to offer favorable terms when they know an accident victim is represented by law firm with skilled counsel in recovering compensation.
Contact Our Hialeah Car Accident Attorney Today
A car accident can leave you shaken and unsure of what to do next. The last thing you want to think about is dealing with an insurance company or a possible lawsuit. This is where we come in to help you recover compensation for your car wreck and other personal injury claims. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we have a legal team with a proven track record of success. We have obtained over $1 billion in trial verdicts and settlements for our clients. Call us today or contact us online to schedule a free initial consultation and free case evaluation. We represent injured victims in Hialeah car accidents and throughout South Florida, including in Miami Beach, North Miami Beach, Homestead, Fort Lauderdale, Coral Gables, Boca Raton, West Palm Beach, and Jupiter.