Automobile accidents are a common cause of serious personal injury and death each year. Although Florida is known for its beautiful beaches and abundant attractions, its streets and highways are one of the most dangerous in the country. In 2015, the Florida Department of Highway Safety and Motor Vehicles reported more than 350,000 crashes and 2,800 fatalities. While not every Florida car accident case requires or results in litigation, these types of cases are one of the most frequently filed types of personal injury lawsuits in courts throughout Florida.
One of the reasons car crashes are so ubiquitous is because they can occur in a variety of different ways and result in many different types of injuries or even death. The experienced car accident attorneys at the Boyers Law Group have successfully litigated and achieved substantial recoveries for the victims of car accidents and their families in numerous cases throughout Florida.Driver Error
Negligence is the failure to use ordinary care. In Florida, motorists can be held liable for the injuries and damages caused by their negligent actions on the roadway. Examples of driver error or negligence include, but are not limited to, driving at an excessive rate of speed, disregarding a traffic control device, failing to yield the right of way, following too closely, engaging in road rage and driving while intoxicated.Driver Distractions
The modern digital age has bombarded drivers with potential distractions. Cellphone calls and texts as well as complex car radios and navigation systems can pull a drivers gaze from the road. When a driver is distracted, accidents are more likely to occur. Our attorneys have experience with each cell service provider and, if contacted soon after the crash, are able to preserve the at-fault driver’s cell phone history, which can be used as powerful evidence in your case.Product Liability or Mechanical Defect
Sometimes the crash is not caused by the drivers, but the car itself. Mechanical malfunctions can manifest in tire blowouts, brake failures, seat belt and air bag defects, etc. On other occasions, the vehicle design can contribute to an accident such as SUV rollovers, engine errors, structural failures, post-collision fires, etc. These product defects can be the sole cause of a crash or act in concert with driver’s negligence.Recovery and Insurance
Victims of Florida car accidents are able to recover monetary damages for the pain, suffering, mental anguish, loss of the capacity to fully enjoy one’s life, scarring, disability, disfigurement, embarrassment, inconvenience, past and future medical expenses, lost wages and diminished earning capacity in the future as well as property damage to your vehicle and possessions. Although there are many elements of damage available to a victim of automobile negligence, the at-fault driver’s ability to pay can be an issue.
In Florida, driver’s are only required to carry “Personal Injury Protection” or “No-Fault” insurance of $10,000. Many clients are surprised to learn that a Florida motorist is not required to have bodily injury or property damage insurance coverage. One way to mitigate against becoming the victim of a driver with no insurance is to obtain uninsured or underinsured motorist (“UM”) insurance. But even if you do not have this type of coverage, the Boyers Law Group attorneys will investigate your claim and exhaust all the available avenues for recovery. For example, under the dangerous instrumentality doctrine individuals who loan their vehicles to another can be held liable for the driver’s negligence. Employers can also be held responsible for an employee’s negligent acts performed during the course and scope of his/her employment. Additionally, car or truck owners can be found legally responsible for injuries that result from negligently entrusting a motor vehicle to an unfit driver.Statute of Limitations
In Florida, victims of automobile accidents generally have 4 years from the date of the crash to file a lawsuit. If the accident resulted in a death, the lawsuit must usually be filed within 2 years. Even with these given time limitations, it is important to contact an attorney as soon as possible after the crash so that the accident scene can be photographed and examined by investigators and experts.
If you or someone you know has been the victim of a car accident and would like to speak with an experienced automobile accident lawyer, please contact us at 305-512-7600 or at 800-545-9100 to discuss your case and receive a free consultation.Related Blog Posts