Miami Car Accident Lawyer

Do you need a Miami Car Accident Lawyer?

If you have been involved in a car accident in Miami, it is important to understand your rights and options. An experienced Miami car accident lawyer can help you navigate the complicated legal process and ensure that you receive the compensation you deserve. 

Since 1986, we have been helping accident victims recover the compensation they deserve. We will fight to get you the maximum amount of compensation possible for your injuries and damages. Over our 35+ years of experience, we have recovered millions of dollars for our clients.

Our attorneys have extensive experience handling a variety of personal injury and car accident lawsuits. You can expect hands-on legal help from our team throughout every step of the process. Schedule a free and no-obligation consultation to discuss your case. Call us now at (239) 549-6689.

Common Causes of Car Accidents

Car accidents are generally the result of a number of things. Many incidents are caused by drivers’ lack of attention on the road and their failure to drive safely. The condition of the road and weather are also two frequent causes of automobile wrecks.

Other accidents may be caused by improper vehicle maintenance or a manufacturing defect. Drivers can prevent car accidents, motorcycle accidents, and other auto accidents by understanding the factors that cause them.

Some of the main causes of car accidents are:

Speeding – Failure to obey the speed limit is one of the more common causes of car accidents in the United States. Speeding is described as driving faster than what is considered safe for the road conditions, regardless of the posted speed limit.

Distracted Driving – With the increase in technology, there are more distractions for drivers than ever before. Texting, talking on the phone, and eating are all activities that take a driver’s attention away from the road.

Intoxicated Driving – Driving under the influence of alcohol or drugs is one of the most dangerous things a person can do. Drunk driving accidents are 100% preventable and yet they claim thousands of lives every year. Drivers who cause an accident while drinking or drugging can be charged with a DUI/DWI.

Reckless Driving – Reckless driving is any behavior that endangers the lives of other people on the road. Examples of reckless driving include racing, tailgating, and making sudden lane changes.

Fatigued Driving – Fatigue can cause a driver to fall asleep at the wheel. Drivers who are sleep deprived or have been driving for long periods of time are more likely to be involved in car accidents. They may nod off or make poor decisions due to their fatigue.

Weather Conditions – Poor weather conditions are another leading cause of car accidents. Snow, ice, and rain can make the roads slick and difficult to navigate. Drivers need to take extra caution when driving in these conditions.

Road Conditions – The condition of the road can also play a role in car accidents. Potholes, debris, and construction zones can all pose a danger to drivers.

Faulty Auto Parts – When a vehicle’s manufacturing and component parts are defective, the vehicle may no longer function in a safe manner. If a part of the vehicle fails, it can cause the driver to lose control.

As you can see, there are many common causes of car accidents. Drivers need to be aware of these dangers and take steps to avoid them. If you have been injured in a car accident, contact a Miami car accident lawyer to discuss your case.

What to do if you’ve been in a Car Accident?

Many people experience fear or are undecided about what to do following a vehicle accident. When individuals have been through trauma, such as a motor vehicle accident, their bodies frequently react by failing to notice crucial information about the incident.

It is critical for drivers to learn what to do before they suffer a vehicle accident in order to prevent worsening their injuries, breaking the law, and acquiring the right to damages.

1. Always stop at the scene of an accident.

It goes without saying that if you are in a car accident, regardless of the severity of any injuries, you should not leave without speaking to the other driver. It is a violation of the law to leave the scene of an accident. You could face both civil and criminal penalties for doing so, including fines and jail time.

2. Get medical attention

In a car crash, injuries may not always be immediately noticeable. If you or other people have suffered significant injuries that need immediate medical attention, call 911.

If you are experiencing unusual pain, headaches, a fever, or any other symptoms, you should seek medical help right away. Even if you are not experiencing symptoms, it is a good idea to visit a physician after an accident.

Some internal injuries may not manifest themselves until several hours or days later. Seeking medical attention not only ensures your continued health and well-being, but also establishes a medical history that may be useful to prove damages in a later legal action.

3. Gather the information you need.

If you are able to do so, you should try to collect certain information at the scene of the accident. This will assist you and your lawyer later on if you decide to take legal action.

The following is a list of information that you should try to obtain:

• The names, addresses, and phone numbers of all drivers involved in the accident;
• The names and contact information of any witnesses to the accident;
• The name, badge number, and contact information of any responding police officers;
• The name and contact information of any tow truck drivers or other individuals who assisted at the scene of the accident;
• A copy of the police report, if one was prepared;
• Photographs of the scene of the accident, the damage to all vehicles involved, and your injuries.

4. Do not give a statement to any insurance company.

After a car accident, an insurance adjuster may contact you and ask you to give a recorded statement about the facts of the accident. You are not required to give a statement to the other driver’s insurance company. In fact, it is usually not a good idea to do so.

Anything you say in a recorded statement could be used against you later on. The insurance adjuster may try to get you to say something that could be used to minimize your damages or even deny your claim entirely.

It is best to let your Miami car accident lawyer handle all communication with the insurance companies.

Common Types of Car Collisions

Auto accidents can cause physical and emotional trauma. They can occur anywhere and at any time.

Some of most common car accidents that may cause catastrophic injuries are discussed as follows:

•   Rear-end Collisions

According to the Washington Post, rear-end collisions are the most frequent type of traffic accident, accounting for 1.7 million crashes, 1,700 deaths, and 500,000 injuries per year. A rear-end collision occurs when the front of one vehicle, that is generally moving faster than the vehicle in front of it, collides with the rear-end of another vehicle traveling in the same direction.

This commonly occurs due to driver distraction or tailgating. Such accidents are greatly assisted by the help of a Miami car accident lawyer.

•   Left-turn Accidents

A left-turn accident typically occurs when a driver making a left turn fails to yield the right of way to oncoming traffic and collides with an oncoming vehicle. These types of accidents can also be caused by drivers who are speeding, impaired, or distracted.

•   Head-On Collision

A head-on collision is one of the most dangerous types of collisions. This typically occurs when the front of two motor vehicles moving in opposite directions collide. According to the Insurance Institute for Highway Safety, head-on collisions accounted for 56 percent of motor vehicle fatalities in traffic accidents in 2019.

•   Side-Impact Collisions

A side-impact collision, also known as a T-bone collision, occurs when the front of one vehicle collides with the side of another at an approximately perpendicular angle. Because there are no heavy barriers, such as a steel frame, to shield passengers on the side of an automobile, injuries to those on the side of the vehicle are often severe.

•   Single-vehicle Accident

Even if other vehicles are involved, single-vehicle incidents are those in which only one vehicle sustains an injury. This often occurs in rollover accidents. In 2019, 39 percent of car occupant deaths occurred in single-vehicle crashes, while single-vehicle crashes accounted for 56 percent of pickup occupant deaths and 49 percent of SUV occupant deaths.

Auto-Accident Statistics

Every year, more than 10 million automobile and light truck accidents occur in the United States. Being involved in a crash, even a minor crash, can be a terrifying experience.

According to the  Florida Highway Safety and Motor Vehicles (FLHSMV) Annual Report, accidents are a frequent occurrence in Miami. As of 2019, there were 401,867 total auto accidents in the state of Florida. This amounts to 1,101 crashes per day. Of total accidents, 3,185 resulted in at least one fatality.

The number of crashes that were reported in 2020 was 341,399. If we consider the average number of crashes reported, it was 382,297. 

If we compare the two years 2019 and 2020, the average number of crashes has reduced by nearly 15%. The Florida motoring environment suggests that the total number of crashes in 2020 was 341,399, people who got injured were 212,432, and fatalities reported were 3,332.

Liability in an Auto Accident – Who is at Fault?

In order to prove liability in an automobile accident, it must be shown that the other driver was at fault. In other words, the other driver must have caused the accident by acting negligently.

Negligence is defined as a failure to use reasonable care under the circumstances, which resulted in an injury to another person. It is important to note that negligence is not simply a matter of someone making a mistake. In order for there to be negligence, the other driver must have acted in a way that a reasonable person would not have under the same circumstances.

A Miami car accident lawyer will investigate the circumstances of the accident to determine whether or not the other driver was acting negligently.

Proving Negligence

A satisfactory outcome of your personal injury lawsuit depends on proving that the other party was negligent.

You must prove the following to be held liable for negligence:

• A duty of care was owed to you under the circumstances. Every driver has a duty to operate their motor vehicle safely and in accordance with the law, which includes obeying all traffic laws.
• The at-fault party violated or breached their duty by either operating the vehicle unsafely or in violation of the law.
• The failure to operate the vehicle safely or in violation of the law was the actual cause of the crash.
• You suffered monetary losses, including medical costs and vehicle damage, due to the crash.

An experienced Miami Personal Injury Lawyer will investigate the circumstances of the accident and gather evidence to prove that the other party was at fault. This evidence may include eyewitness testimony, photos or videos of the accident, and the police report.

What Is Covered by Accident Insurance?

The type of insurance coverage you have will determine what is covered in the event of an accident. Most insurance policies will cover medical expenses, property damage, and sometimes lost wages. If you were injured in an accident that was not your fault, your own insurance company should not charge you for any damages.

Uninsured/underinsured motorist (UM/UIM) coverage is optional in Florida, but it is something to consider if you do not have health insurance or if you do not have enough health insurance to cover all of your medical expenses. 

This type of coverage will pay for your medical expenses and sometimes lost wages if you are hit by a driver who does not have insurance or does not have enough insurance to cover all of your damages.

PIP coverage is required in Florida and it will pay for your medical expenses and sometimes lost wages regardless of who was at fault for the accident.

If you were involved in a hit and run accident, or if the other driver was not insured, you may still be able to recover damages through your own UM/UIM policy or through your PIP insurance.

How Can Miami Car Accident Lawyers Help You?

The moments and days following a car accident can be overwhelming. You may be dealing with injuries, vehicle damage, missed work, doctor’s appointments, and insurance adjusters. It is important to speak with an experienced car accident lawyer as soon as possible so that they can handle the legal aspects of your case while you focus on healing.

A Miami car accident lawyer will review the circumstances of the accident and help you determine what type of insurance coverage you have. They will also gather evidence to prove that the other driver was at fault and negotiate with the insurance companies on your behalf.

Most importantly, a Miami auto accident lawyer will fight to get you the compensation you deserve for your injuries and damages. An attorney has the experience and knowledge to help you get the maximum amount of compensation possible.

If you or a loved one has been involved in a motorcycle accident, you know how devastating the aftermath can be. You may be facing expensive medical bills, lost wages, and a long road to recovery. The experienced car accident lawyers at the Berke Law Firm can help you get the compensation you deserve.

At Nationwide Disability Representatives (Berke Law Firm,P.A.), we have represented many car accident victims and know how to build a strong case on your behalf. Our attorneys have a proven track record of success in obtaining compensation for our clients. Contact the experienced Miami car accident lawyers today for a free case evaluation.