Car Accidents

Miami Car Accident Attorneys

How to File a Car Accident Claim in Florida

car that was rear-ended on the highway​The possibility of an accident is always there every time you get in your car or truck. Whether caused by a drunk driver, an inexperienced driver, or a distracted driver, automobile accidents happen every day. At Rossman, Baumberger, Reboso & Spier, P.A., we have handled hundreds of motor vehicle accident cases. Even if you were hurt in a hit and run accident, you can still recover compensation.

Many vehicle accidents involve large commercial trucks and tractor-trailers, often caused by tired drivers or ill-maintained equipment. These cases require knowledge of the complex state and federal regulations governing the operation of these large vehicles. Our Miami car accident lawyers have the experience to handle these cases. We work to recover remedies for those injured and the families of those lost to trucking and automobile accidents. In the firm’s tenure, we have achieved a $6.5 million recovery and $3.4 million verdict in separate automobile accident cases, a $2.75 million settlement against a major national car rental company, and $1.4 million in a tractor-trailer accident, just to mention a few examples.

Contact our team online today for a free consultation, or call (305) 900-5493. We have successfully recovered millions for our clients throughout Florida.

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Common Causes of Car Accidents

About 400,000 car accidents happen in Florida every year, and in 2018 alone there were over 401,851 reported car accidents. As the state grows in population, this number can be expected to increase. There are around 15 million licensed drivers in the state that rely on driving to get them to and from work, school, and other obligations every single day.

Unfortunately, most reported car accidents are caused by human error, meaning that if you were injured in an accident caused by another driver, you may be able to file a personal injury claim and cite them for negligence. There are a variety of traffic laws and regulations established to prevent accidents and injuries, but many drivers violate these laws.

Common causes of car accidents include:

  • Distracted driving: This is the leading cause of car accidents in the United States. Distracted driving includes any behaviors that prevent a driver from being fully focused on the road, such as texting or talking on the phone, eating or drinking, applying makeup, and more. Even taking your eyes off the road for one moment is enough to cause an accident.
  • Speeding: There are designated speed limits designed to prevent accidents, but unfortunately this doesn’t stop countless drivers from driving at unsafe speeds, which reduces their reaction times and increases the risk of losing control of their vehicle in the event that the need to swerve or make a sharp turn.
  • Drunk driving: Driving under the influence of alcohol (and drugs) is an offense under Florida law. Anyone who is found to be driving with a Blood Alcohol Content (BAC) level of .08 or above is in violation of the law and can be fined or arrested. Alcohol impairs your judgment and motor functions, both of which are needed to operate a vehicle safely.
  • Reckless driving: Drivers who disregard the law are actively putting themselves and others on the road at risk of being injured in an accident. Failing to stop at a stop sign or red light, quickly changing lanes without signaling, and speeding are all types of reckless behavior that can cause serious and preventable injuries.

Can You Sue in Florida for a Car Accident?

Yes. Although Florida technically has a no-fault system for car accidents, you may still be able to pursue a personal injury claim against the other driver if you suffered serious injuries. According to FL § 627.730, if you meet the "injury threshold" you may file an injury lawsuit against the negligent driver.

However, if you are found to be partially at fault for the accident, this may reduce your compensation by a certain percentage, depending on how much of a role you played in causing the accident. This is known in Florida as "comparative negligence." Filing a car accident claim in Florida can be complex because of these laws, therefore it's important that you hire a professional accident lawyer to represent you.

Call our team today to get started with a no-cost consultation!

How Do You Prove Negligence In a Car Accident?

In order to win your auto accident lawsuit, you will need to prove that the other driver was behaving in a negligent manner. The best way to do this is to show how they failed to uphold their legal duties as a driver, which include:

  • Obeying the speed limit
  • Keeping their eyes and mind on the road
  • Maintaining control of their vehicle
  • Maintaining their vehicle so that it's road-safe
  • Not driving under the influence of drugs or alcohol
  • Obeying all signals, road signs, etc.

There are several ways you can go about proving negligence: video evidence, eyewitness testimonies, accident reconstruction evidence, toxicology tests (to prove intoxication), and more. Our auto accident lawyers are equipped to build a strong case on your behalf using all resources available to us.

What Are the Most Common Car Accident Injuries?

common car accident injuries infographic

All car accidents, minor or severe, have the potential to cause serious injuries. Some of the most common injuries sustained in car accidents include:

  • Whiplash
  • Broken bones
  • Internal bleeding or bruising
  • Scrapes, cuts and lacerations
  • Torn or pulled muscles
  • Head or brain injuries
  • Spinal injuries
  • PTSD or mental distress

Even if you believe you haven't been injured in your accident, you should always see a doctor and have them check you for injuries that may not surface immediately (these are known as "latent" injuries). Some car accident injuries can take several days to become apparent.

How Much Time Do I Have to File a Claim?

One of many reasons why it’s beneficial to hire a car accident attorney in Miami is to ensure that you file your claim in time to recover damages. All states, including Florida, have strict deadlines known as statutes of limitations. In Florida, victims of car accidents have four years from the date of the accident to file a claim, and two years if someone died as a result of the accident.

Four years may seem like a long time, and indeed it’s a longer amount of time than in other states. However, waiting too long to get started on your case can pose a risk of you losing important evidence. Our attorneys can investigate your accident and collect important documentation, such as witness statements, before it’s lost forever. When you hire our team, we can exceed expectations in order to recover what you need to pay for medical bills, lost wages, pain and suffering, property damage, and more.

Why Hire a Car Accident Lawyer?

You may think that since you weren't at fault for the accident, you don't need a lawyer to represent you. However, this isn't necessarily the case. Evidence shows that car accident victims who are represented by an attorney generally receive higher compensation than those who are not. This is true for several reasons:

  • Our attorneys are experts at dealing with insurance companies
  • We can help determine how much you deserve and fight for fair compensation
  • Our lawyers can walk you through the legal process and ensure nothing is missed

In general, if you have suffered an injury as a result of a car accident, you may have better results when you hire a professional car crash lawyer to represent you.

If you’ve been injured by a negligent driver, you deserve to be compensated. Our team of car accident lawyers in Miami can get started on your claim. Call us to schedule your free consultation at (305) 900-5493.

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