Car accidents are an unfortunately common occurrence in Miami. These accidents add frustration and additional traffic for uninvolved motorists, but for accident victims, they can be serious, life-altering events. The injuries caused by car accidents can range from minor to severe and can be quick to heal or permanent in effect. When car accidents and subsequent injuries are caused by one driver’s negligence, that driver (and their insurance company) are legally responsible for the damages caused by the accident.
Our team of nationwide personal injury lawyers at Bailey Glasser routinely represents Miami car accident victims. We understand the devastating effects that car accidents can have on victims and their families, and we’re committed to seeking justice for our clients. If you or a loved one has been injured in a car accident due to no fault of your own, contact our team as soon as possible to set up a free consultation about the possibility of seeking compensation for your injuries.
Common Causes of Car Accidents
Car accidents are one of the most common types of personal injury lawsuits, as car accidents occur every day in countless numbers across the country – including on Miami roads. The specific factors that cause car crashes are wide-ranging and include road conditions, weather, vehicle upkeep and maintenance, and most importantly, the negligent and reckless behavior of other drivers. The most common causes of car accidents which give rise to legal liability include:
- Driving under the influence of drugs or alcohol
- Distracted driving, such as cell phone usage
- Failure to use turn signals or brakes
- Speeding and other dangerous driving habits
- Driving specialized equipment without proper knowledge or training
- Failure to follow traffic laws
- Failure to yield or check clearance before turning
If you or a loved one has been involved in a car accident that you suspect may be caused by one of these reasons, you may have a claim for compensation against the driver who caused the accident. Contact an attorney as soon as possible to set up a free consultation on your prospective case.
Liability for Car Accidents
Determining who was at fault for causing a car accident can be a complicated question to answer, especially in crashes that involve multiple vehicles. However, determining liability is an important part of pursuing compensation, because the person who was at fault is the person against whom a lawsuit is filed. An experienced and capable car accident attorney can assist an accident victim in conducting a thorough investigation to determine who was at fault, and in turn, who should be named the defendant in a lawsuit.
Florida’s No-Fault Rules
You may have heard that Florida is a “no-fault” state when it comes to car accidents and car insurance. While that’s true, it’s equally important to note that Florida accident victims are still able to file personal injury lawsuits, and should most definitely do so. “No-fault” only means that when an accident occurs, each party goes through their own insurance to cover damages and costs, including medical bills. That’s why all Florida drivers are required to carry Personal Injury Protection (PIP) insurance as part of their auto policies. However, these policies generally have limits on medical expenses.
How No-Fault Rules Affect Personal Injury Lawsuits
An insurance policy’s limit can be reached very quickly after a catastrophic car accident, as those types of accidents can cause serious, life-threatening injuries. When a driver’s own PIP policy is maxed out, the driver can then seek additional compensation from the at-fault driver’s insurance company, or from the driver themselves. Thus, even though Florida is a “no-fault” state for car insurance purposes, the legal definitions of fault and liability still apply in a personal injury lawsuit. Florida laws in no way inhibit an accident victim from pursuing compensation if their own insurance policies are not sufficient to cover the costs of their injuries caused by another driver.
Car Accident Lawsuits in Miami
When a Miami accident victim’s PIP policy is maxed out and they still have costs associated with their injuries, a personal injury lawsuit against the at-fault driver and their insurance company provides a chance to recover the missing compensation. All in all, a car accident lawsuit is designed to ensure that an accident victim is fully and fairly compensated for all of the losses they sustained because of another driver’s wrongdoing.
Damages Available in Car Accident Lawsuits
Compensation from a car accident lawsuit can cover any type of costs that may be associated with an accident. Thus, the damages requested in a car accident case can be wide-ranging and will depend greatly upon the facts and circumstances of any given case. But in general, the most common types of damages available in car accident lawsuits include the following:
- Lost wages from missed time at work
- Hospital bills and medical expenses
- Loss of future earning potential due to disability
- Property damage to vehicle or other losses in the accident
- Insurance deductibles and co-insurance costs
- Loss of enjoyment and quality of life
- Pain and suffering
- Mental and emotional damages, such as PTSD
- Loss of consortium for loved ones
Wrongful Death Car Accident Cases
In cases where an accident victim has passed away because of their injuries, the deceased victim’s family may be able to file a wrongful death lawsuit. Wrongful death lawsuits are specific types of personal injury cases by which surviving family members seek compensation for the loss of their loved one. These lawsuits provide an important opportunity for families to seek justice for the death of their loved ones.
Contact Bailey Glasser Today
Our team of attorneys at Bailey Glasser is proud to offer free, no-risk consultations to prospective clients on Miami car accident cases. If we are able to take your case, we will represent you to the fullest extent of our abilities, and we will work hard to create the best possible outcome for your case.
In addition to our proven expertise in car accident cases, we at Bailey Glasser are also well-equipped to handle other personal injury scenarios in Miami. This includes cases related to dog bites, where the negligence of a pet owner has resulted in injury, and medical malpractice cases, where healthcare professionals fail to meet the standard of care, causing harm. Furthermore, we also offer compassionate and determined representation for those pursuing wrongful death lawsuits, seeking justice for the untimely loss of a loved one due to another’s negligence or wrongdoing.
If you or a loved one has been injured or killed in a car accident caused by the negligence of another driver, you should contact an attorney as soon as possible. Get in touch with Bailey Glasser today to set up a free consultation on your prospective car accident lawsuit.