Westchester Car Accident Lawyer

Experienced Accident Lawyers

Being hurt in an accident that was caused by another person, driver’s negligence, or carelessness, may mean that you are entitled to compensation through a personal injury claim. This compensation can cover your medical expenses, lost income, and other losses. To achieve the best results with your case and recover compensation, it is important to obtain sound legal advice. Without the help of an attorney, you may forfeit the full compensation you deserve.

If you were in an accident and escaped unharmed, you should consider yourself fortunate.  No amount of money from a lawsuit is worth the pain and emotional trauma of a serious personal injury.  If you have suffered a serious injury in Miami, you’ll need the help of the civil justice system.

Contact us to find out how we can help by calling (305) 371-2692.

Types of Car Accidents

Depending on the various motor vehicle accidents and circumstances, different types of car accidents can result in serious injury or even a wrongful death. The factors that impact the severity of injury threshold a crash include the speed of the vehicles, if the occupants were wearing seat belts, and the size difference between the vehicles involved. Some of the most common types of car accidents are as follows:

• Head-on collisions: A head-on collision occurs when the front of one vehicle crashes into the front of another. While these accidents are quite rare, they represent a disproportionate number of fatalities in car accident cases. Head-on collisions are even more serious when the vehicles are traveling at high speeds.
• Rear-end collisions: A rear-end collision occurs when a driver fails to stop in time and crashes into the rear of the vehicle in front of them. In many instances, rear-end collisions are minor events. However, when the vehicle that hits the other from behind is traveling at a high speed, or is a large vehicle such as a truck, they can be very serious.
• T-bone collisions: T-bone accidents are usually caused by one driver who fails to yield the right-of-way to another motorist. A T-bone accident occurs when the front of one vehicle crashes into the side of another.
• Sideswipe accidents: A sideswipe accident usually happens when a driver fails to stay in their own lane and drifts into another. The sides of the two vehicles then crash into each other, causing a potentially serious accident.
• Multiple vehicle accidents: When more than one vehicle is involved in a crash, the case becomes much more complex. It is more difficult to determine liability when multiple vehicles, and as such, multiple drivers are involved in an accident.

Regardless of the type of vehicle involved in an accident, any crash is likely to result in serious injuries.

What Causes Car Accidents in Westchester?

Car accidents happen for many reasons, but the main cause is human error and reckless driving. Even when a driver makes a simple and honest mistake, it does not mean they can escape liability. The most common causes of car accidents in Westchester include:

• Speeding: Many people understand that when a driver speeds, they travel faster than the posted limit. However, speeding can also refer to driving too fast for the conditions. For example, if there were high winds or heavy rains, drivers should exercise extra caution, which may mean driving below the speed limit. Speeding does not only cause accidents, but it also increases the severity of them.
• Distracted driving: When many people think of distracted driving, they often first think of texting while driving. Unfortunately, there are many different types of distracted driving. Loud music, rowdy passengers, and eating or drinking are just a few other types of distractions drivers face when they are behind the wheel.
• Driving under the influence: Driving under the influence of alcohol or drugs is always very reckless behavior. Being impaired prevents drivers from tracking moving objects, they often have slower reaction times, poor judgment, and cannot steer or brake effectively. Even with all of the different awareness programs over the last few years, impaired driving is still a big problem on Florida’s roads.
• Fatigued driving: Fatigued driving is such dangerous behavior that it has been likened to drunk driving. Any person may get behind the wheel when they are particularly tired, but there are some that are more likely to than others. These include shift workers, long haul truck drivers, and people who suffer from sleep apnea.
• Unfamiliar surroundings: People are more likely to become involved in a car accident when they are in unfamiliar surroundings. Focusing on going in the right direction can cause a person to make an unsafe lane change or turn the wrong way onto a one-way street.
• Defective auto parts: The liable, or at-fault, party is not always present at the scene of a crash. For example, a person’s brakes may have been defective, preventing them from stopping before they crash into another person’s vehicle. While it may seem as though the driver was at fault, it is actually the manufacturer of the defective brakes.
• Insufficient maintenance: A vehicle that is poorly maintained is a dangerous vehicle. Drivers are responsible for making sure their vehicles are safe to operate before they go out on the roads. Tires, for example, can come loose and cause a serious crash. If it is found that the tires were not properly maintained, the driver can be held liable.
• Improper road conditions: State and local municipalities are responsible for making sure roads are properly designed and maintained. When they are not, it can cause a serious accident. These cases are much more complex. Government entities often have sovereign immunity, and there are many more rules and processes to follow.

Determining what caused a car crash is not always easy. This is particularly true when the negligent party, such as negligent driver, a manufacturer or government entity, is not present at the accident scene.

Common Injuries Suffered in Car Accidents

There is no part of the body that is not at risk of being injured or suffering a serious injury during a car accident. Even when these injuries are not life-threatening, they often are life-changing. The most common injuries suffered in car accidents are as follows:

• Brain injuries: Car accidents are one of the leading causes of traumatic brain injuries caused by a sudden blow or jolt to the head. Brain injuries can have long-term impacts on accident victims. Depending on the severity of the injury, as well as the part of the brain that was affected, accident victims may suffer coordination, memory, movement, and communication deficiencies.
• Spinal cord injuries: Along with brain injuries, spinal cord injuries after a car accident have some of the most serious consequences. The spinal column extends from the base of the skull to the lower back. The higher an injury occurs to the spinal cord, the more severe the injury is. Spinal cord injuries include paralysis, slipped and ruptured discs, broken vertebrae, and more.
• Broken bones: Broken bones may not sound very serious because they are so common. Sadly, they cause chronic pain and a loss of function in the affected body part. They can leave accident victims at risk of infection if the bone breaks through the skin, and internal damage if the broken portion rips through delicate organs.
• Burns: Caustic chemicals, hot metal, and fires at accident scenes can all result in serious burns. Burns are not only some of the most painful injuries accident victims sustain, but they also require invasive treatments. Burns also always pose the risk of infection and can result in permanent scarring and disfigurement.
• Soft tissue injuries: Whiplash is another one of those injuries that people often think is minor. The truth is, though, that accident victims that sustain whiplash are often in chronic pain for many months, and sometimes years, after the crash.
• Amputations: Also one of the most serious injuries a person could suffer after a crash, an amputation refers to the removal of an appendage from the body. An amputation can occur accidentally at the scene of the crash, or it may happen later, surgically. For example, when a person’s limb is so badly damaged it cannot be repaired, a surgical amputation may be necessary. Even the loss of a finger or toe can result in severely limited movement and a person may have to relearn how to perform certain tasks.

Damages Available in Car Accident Claims

When you file a car accident claim, you are seeking compensation for your injuries from a car crash, as well as any other loss you suffered. As such, there are some very common types of damages available in these cases. They include:

• Past and future medical expenses
• Lost income, bonuses, benefits, vacation pay, sick pay, and other employment benefits
• Loss of future earning capacity, if you cannot return to the same line of work again
• Property damages
• Pain and suffering
• Loss of consortium or loss of parental services
• Wrongful death damages, such as funeral and burial expenses

If the liable party exhibited gross negligence or recklessness, you the accident victim may also be entitled to punitive damages. Punitive damages do not compensate you for your losses. Instead, they are intended to punish the negligent party with the help of Westchester car accident lawyers and deter them from acting in a similar way in the future towards other car accident victims.

How to Strengthen Your Car Accident Lawsuit

When filing a car accident claim or any kind of personal injury lawsuits, your case depends on your ability to prove another party was at fault to your insurance company. You must prove liability but also must prove the nature and severity of your injuries. Fortunately, with Westchester car accident lawyers there are ways you can strengthen your claim so you can obtain the maximum compensation you deserve. The most important things to do after a car accident are as follows:

• Report the crash: In Westchester, as throughout the rest of Florida, you are required to report any car accident that results in injury, death, or serious property damage. You should report the accident to law enforcement and wait for them to arrive on the scene. After visiting the scene, law enforcement will write and file a police report, which may even indicate fault. Obtaining a copy of the police report after the crash can serve as important evidence that can strengthen your case.
• Locate witnesses: Witness statements are given significant weight in personal injury claims. They do not have anything to win or lose in the case and so, insurance companies and the courts take them quite seriously. After a crash, locate anyone who may have seen the accident and ask them for their name and contact information.
• Take photos: Pictures can greatly indicate how an accident occurred. Take photos of the damage to all vehicles involved, the accident scene as a whole, and other important information, such as skid marks on the road. Also take photos of your injuries to show the severity of them immediately after the crash.
• Store all accident-related documents safely: There will be a lot of documents you deal with after a crash. These include hospital bills, medical records, the police report, insurance information, and witness information. Keep all of these documents stored in a safe place so your lawyer has them when they need them.
• Keep an injury journal: Over time, your memories may fade and you may not remember the severe impact your injuries first had on your life. Keep an injury journal and add notes to it any time there is a change to the status of your injuries. Also regularly record in your injury journal the amount of pain your injuries are causing you.

Personal Injury Protection or Personal Injury Claim?

While they sound similar, the terms ‘personal injury protection’ and ‘personal injury claim’ are quite different. 

Florida is a no-fault auto insurance state. This means that before you can file a claim against an at-fault party, you must first exhaust your personal injury protection (PIP) benefits. These are provided through your own insurer. PIP insurance in Florida will cover 80 percent of your medical bills and expenses up to $10,000 for an accident-related injury. PIP insurance will also provide a portion of your lost income and up to $5,000 in death benefits. Again, PIP is no-fault insurance. This means you can file a claim and do not have to prove that another person is at fault.

If you exhaust your PIP benefits through your own insurance company and still have not obtained the full compensation you need, you can then continue to file a fault-based claim against the negligent party. You must meet the serious personal injury lawsuit threshold before you can file this type of claim. When filing a fault-based claim, you must provide significant evidence to prove that someone else is to blame for your injuries.

Our Westchester Car Accident Lawyer in Westchester, FL Can Help You Claim Full Damages

If you have been hurt, do not go through the process alone. At Dolan, Dobrinsky, Rosenblum, and Bluestein, our Westchester car accident lawyer can provide the sound legal advice you need to recover damages, and ensure you receive full damages. Call us now at (786) 504-7874 or contact us online to schedule a first free consultation and review of your case.