Auto Accidents: Who is at Fault?

When a car, truck, bus, or other motor vehicle collides with another object, such as another vehicle, a tree or a person, property damage, physical injuries, and death are all significant outcomes that are possible. It goes without saying, but car accidents can cost a lot of money.

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. Knowing what to do afterward is crucial. The right Miami car accident lawyer can make a big difference in the outcome of your case.

The first step after being involved in an accident is to ensure that everyone is safe. Although some car crashes only cause minor damage, others cause severe injuries like head injury or even death. A variety of things can cause car accidents, and car accidents often result in legal consequences.

For handling head injuries with care and zealous advocacy, you should hire a skilled Head Injury attorney. They can help you seek compensation for losses caused by the injury.

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. That amounts to 1,101 crashes per day. Of total accidents, 3,185 resulted in at least one fatality.

Getting legal help for your personal injury claim due to a car accident is highly recommended. An experienced law firm can help you obtain maximum compensation for your financial losses and other damages.

Car Accidents and Their Causes

Car accidents are caused by any number of things. Many crashes are caused by a driver’s failure to focus on the road and operate the vehicle safely. Road and weather conditions are two common causes of car accidents.

Other accidents may be caused by improper vehicle maintenance or a manufacturing defect. Drivers can prevent car accidents, motorcycle accidents, or 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 acceptable for the road conditions, regardless of the posted speed limit.
  • Using a Device – Distracted driving, such as texting or talking while driving, or even playing with a phone, music player, or GPS system increases the risk of danger.
  • Driver Fatigue – Driving when exhausted can result in inattentiveness, poor response to changing road conditions, or even falling asleep behind the wheel. When a driver falls asleep behind the wheel, they are a hazard to themselves and others sharing the road.
  • Drunk Driving – Drinking and driving raises the likelihood of causing a car crash dramatically. Driving under the influence of drugs and alcohol is against the law. Drivers who cause an accident while drinking or drugging could face both civil and criminal penalties.
  • Faulty Auto Parts – When a vehicle’s manufacturing and component parts are defective, the vehicle may no longer function in a safe manner. While owners are generally responsible for proper maintenance and upkeep of their car or truck, the vehicle manufacturer may be liable for unforeseeable defects in the vehicle’s design or assembly, if those defects cause a crash.

What To Do if You’ve Been in a Car Accident?

It is common to panic or be unsure of what to do in the immediate aftermath of a motor vehicle accident. When people have experienced trauma like a car crash, there is a physiological response that sometimes causes them to miss important details about the accident.

It is good for drivers to educate themselves on what to do before experiencing a car crash to avoid worsening any injuries, violating the law, and to secure the right to recover damages. Wrongful death accidents involving cars or any other vehicle can be taken to injury lawyers, who are capable of determining all losses related to the car accident.

1. Never leave an accident scene without stopping.

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.

2.Gather the information you need

If you are not severely injured, try to gather evidence that may help a future legal argument if you were in an accident caused by someone else’s negligence. The more evidence you have in support of your case, the better. Before you leave the accident scene, attempt to gather the following information:

  • Insurance information
  • Other driver’s contact information
  • Pictures of the scene, including vehicle damage, cross streets, injuries, posted speed limits, etc.
  • Witness statements and/or contact information

3.Do Not Ignore Medical Attention

In a car crash, injuries are not always immediately noticeable. If you are experiencing unusual pain, headaches, a fever, or any other symptoms, you should seek medical help right away.

Call 911 if you or other people have suffered serious injuries. It is a good idea to seek medical attention after an accident even if you are not experiencing symptoms.

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.


Commonly Encountered Auto Accidents

  • Bad Weather Conditions

Weather conditions that result in the road becoming wet or slippery or reduce visibility, pose a risk to vehicles on the road, necessitating extra caution and slowing down. Accidents are often caused by high winds, swirling dust, rain, and torrential downpours.

  • Rear-end Collisions

According to the Washington Post, rear-end collisions are the most frequent form 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

If one vehicle travels straight through an intersection as another makes a left turn, there is an increased risk of the left-turning vehicle colliding with the side of the straight-moving vehicle. Alternatively, some vehicles attempt to beat a light changing from yellow to red by increasing speed through an intersection.

When this happens, they could travel through the intersection after the light has changed to red, causing them to collide with a left turning vehicle who may have had the right of way. A knowledgeable attorney will help obtain relevant evidence to help prove your claim for compensation due to a left-turn accident.

  • Head-On Collision

A head-on collision is one of the most fatal 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 90-degree angle. Since 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. Hire a Miami car accident lawyer who can provide a tremendous amount of legal assistance.

What Is Covered By Accident Insurance?

Personal injury insurance is different from health insurance. The funds are not limited to paying for medical expenses alone. Auto insurance compensation is designed to protect you against financial losses related to an accident or if the vehicle is damaged.

The insurance process is much less burdensome with the assistance of a Miami auto accident attorney. Your policy may have limits to how much you can recover and how often you can file a claim for a qualifying accident.

Different states require different types of insurance. There are also several options available in addition to primary insurance coverage, such as gap insurance. Most basic automobile insurance policies consist of the following types of coverage:

  • Bodily injury liability
  • Personal injury protection
  • Property damage liability
  • Comprehensive collision protection
  • Uninsured/underinsured motorist protection

The amount of compensation you receive usually is strongly correlated to the severity of injury. An experienced Miami Personal Injury Lawyer can handle all types of automobile accidents. Contact an attorney as soon as possible.

How Miami Car Accident Lawyers Can Help You?

Although the facts and complexities of your case will vary, an attorney can stand by your side at every step until you receive the compensation you deserve. You can concentrate on your health while the legal professionals fight for your rights. A lawyer can take the following steps in your favor:

  • Make contact with the insurance company of the other driver
  • Obtain and organize the evidence needed to determine who is to blame for the accident
  • Record and document medical bills and other relevant paperwork
  • Consult with medical professionals and other experts, as necessary
  • Present evidence and legal arguments during informal meetings, depositions and hearings
  • Negotiate with lien holders on the claim (such as health, disability, or workers’ compensation insurers) to reduce the value of those liens if possible
  • Negotiate a fair settlement with the insurance company
  • File a legal action with the court to commence formal litigation

An experienced Miami auto accident attorney will assist you with identifying all potentially responsible parties, giving you the best chance of recovering a full award of damages.

Proving Negligence

A satisfactory outcome of your personal injury lawsuit depends on proving negligence. You must prove the following to establish 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.
  • 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 and proximate cause of the crash
  • You suffered monetary losses due to the crash, including medical costs and vehicle damage.

Hire a Reputable Miami Car Accident Attorney To Represent Your Case!

A skilled lawyer can assist you in obtaining compensation for any injuries suffered due to the crash, including medical costs, lost income, and vehicle repairs. Our legal team thoroughly investigates your case from the beginning. Doing this helps us to understand all the facts so that we can take appropriate steps to make your case strong.

When a loved one is killed in an auto accident, legal assistance might help you recover monetary damages in some states, especially if reckless driving is involved, such as speeding or drunk driving. You will learn more about your legal rights and the strength of your case by contacting an experienced Miami accident lawyer.

Our attorneys have extensive experience with 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.