Car Accident Lawyer Miami

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A severe car accident can be a stressful and challenging experience to handle on your own. You might need an experienced car accident lawyer Miami to help you navigate through the whole process with ease and protect your legal rights. Regardless of the severity of the accident, auto accident lawyers can help you with the answers you need and take immediate action as required.

A Car Accident happens every day

While most people strive to drive safely sometimes the unexpected can happen and car accidents inevitably occur. This is often caused by a lapse of judgment or simply because a reckless driver caused the accident. There are so many vehicles out there on the road including large trucks, motorcycles, smart cars, and also the congestion, which has contributed significantly to the amount of car accidents occurring in our nation over the last years.

Vehicle accidents could end up in serious injuries and even wrongful death. Serious injuries caused in an accident involve not only medical attention but large medical bills along with a strong impact on other injured individuals and the family. Since an auto accident can bring with it a lot of questions, it’s wise to schedule a legal consultation with a car accident lawyer Miami.

First Steps to take after the accident

There are several steps to take when you have been involved in an automobile accident or have been injured as a pedestrian, which may include:

  1. Get as much information as possible about the implicated vehicles, as well as names, addresses and telephone numbers of drivers. Grab as much information about the car, truck or motorcycle accident and injuries. The car accident attorney will need to know all the details in regards to the accident including any interaction you had with anyone involved in the accident.
  2. Ask for the names, addresses and telephone numbers of any witnesses who could help prove your case.
  3. Make sure the police are aware of the traffic violations committed.
  4. If you have been injured, look for medical attention as soon as possible.
  5. Inform your insurance company about the accident.
  6. Get pictures of the vehicles, visible injuries and the crash site.
  7. Contact a car accident lawyer to determine your legal rights immediately

What can an Auto Accident Lawyer do for you?

A Gallardo injury lawyer understands the struggle victims of car accidents may face when attempting to recover financially for their losses. The rules and regulations involved to claim the insurance company for damages after an accident can be complex in the state of Florida. Individuals who have won a personal injury lawsuit or settlement may collect compensation for:

  • Medical expenses
  • Rehabilitation care
  • Lost income
  • Damaged done to the property
  • Pain and suffering

Even when you were at fault you have rights to be protected. You were injured and you may still be able to receive compensation for your loss. Hiring a Gallardo injury lawyer to represent you in court is often the best decision you can make.

Car Accident Lawsuits Requirements

Drivers in Florida are required to carry Personal Injury Protection (PIP) insurance coverage by law. This will cover up to 80% of the driver’s injuries and 60% of the lost wages due to the accident. Victims of a car, motorcycle, or truck accident must have died or should keep up a critical injury in order to be eligible for a personal injury lawsuit. Injuries could be as follows:

  • Paralysis
  • Cerebral damage and/or head injury
  • Disfigurement or long-lasting scarring
  • Fractured bones
  • Amputations

Most auto accidents generally result in personal injuries and lawsuits for pain, suffering, and loss. Every state has separate laws which may apply when dealing with an auto accident. In most cases, in order to sue the driver of an automobile for personal injuries, you must show proof of negligence. In several states, lost wages and medical bills are paid off despite negligence. A Gallardo injury lawyer can help you with any concerns you may have in these types of cases.

At Fault Accident

Most states have a fault-based system of automobile insurance. This system allows insurance companies to cover the damages according to each party’s degree of fault. For instance, a driver would be completely at fault if he/she strikes a pedestrian in a crosswalk. However, if a pedestrian jaywalks across a busy street and is hit by a speeding vehicle, both parties would be at fault. You may receive less compensation if you are a victim in an auto accident and you also have fault for your injury.

No-Fault Accident

Florida is among the 12 states that have no-fault insurance. It is not necessary to prove that any party was negligent in order to have your medical bills paid for in a no-fault state. In an auto-related accident, your auto insurance company is responsible for covering your medical bills and treatment. Typically, lost wages will be automatically covered in no-fault states. No-fault laws do not require proof of negligence in order for the victim to receive payments to cover wage losses and medical bills. By filling a lawsuit against a bad driver with a car accident lawyer, you will be able to get the compensation you deserve.

Car Accident Statute of Limitations in Florida

This is a State law that sets a limit to how many times you have to appear in court to file your case. The deadlines vary in each state. In Florida, for example, it all depends on whether the accident caused damages or death. If the person was injured in a crash the lawsuit must be filed within 4 years of the date the accident occurred. However, if someone died as a result of the accident, the family can bring a wrongful death case against the driver at-fault. This lawsuit will be filed within the two years from the day their loved one passed away.

Driving Safely

Traffic congestion in Florida has intensified over the last years causing many accidents throughout the sunshine state. Florida cities now rank among the most congested cities in the nation. In order to stay protected in South Florida you should always drive defensively, identify the reckless drivers and avoid them. Allow yourself some time to respond. Accidents are sometimes inevitable. That’s why having a good Gallardo Injury Lawyer may prove useful in these stressful circumstances.

Texting while Driving Accidents

Using the cellphone while operating a vehicle can be very dangerous, especially texting. It’s a distraction that can lead to deadly consequences. Many accidents throughout our nation have been caused by this common distraction. Since text messaging involves manual, visual, and cognitive response from the motorist, it is beyond a doubt the most disturbing distraction and the one causing so many accidents in the Sunshine State.

Distracted Driving

Reckless and distracted driving has led to so many devastating vehicle accidents in South Florida. Some of these accidents can be catastrophic and affect the individual both physically and psychologically. They may cause complications such as physical head trauma, spinal cord injuries, and amputations and in some cases, long-term disability. We see it happening every day, distractions that occur when the driver is looking at anything other than the road ahead. You can get compensation for all the accident-related expenses and for all your injuries with the help of a car accident lawyer.

Ban on Texting and Driving

Florida passed a ban on using cellphones while operating a vehicle. This is only e secondary offense. In other words, a cop can’t pull over a driver for using his or her cellphone while driving unless there was another infraction committed such as not wearing a seatbelt or speeding. Florida is among the only 5 states in which texting while operating a vehicle is not considered a primary offense.

Defective Vehicle Accident

Several parties can be legally responsible for an auto accident due to defective parts. In order to receive compensation for your lost you will have to show any injuries or property loss, how the product was defective, and be able to prove the defect actually caused the accident. You will have to gather sufficient evidence and this can be quite difficult without the assistance of a Gallardo Injury Lawyer.

Drunk Driving Accidents

In most states, driving under the influence and causing a serious injury is considered a felony. In Florida, for example, DUI is an offense. It’s a horrible crime that hurts many people every day. When a driver is convicted of this crime, he or she may face thousands in fines, a suspended license, and also years in jail. The Sunshine State prohibits driving any kind of vehicle with a 0.8 percent or above of BCA, that is a blood alcohol concentration.

Car Accident: BAC Testing

Under Florida law you are required to take a urine, blood, or breath test in order to determine the levels of alcohol in your bloodstream or your blood alcohol content (BCA) and for drugs as well. You may be required to take several tests. A driver can be arrested for DUI even if the individual is not intoxicated. The officer can arrest you if you have physical control of the vehicle while under the influence, even in cases when the driver is asleep. If you refuse to take the test, your license will be suspended for one year on your first refusal. On the second refusal, there will be license suspension for 18 months.

DUI Accidents Penalties

A person driving under the influence (DUI) is innocent until proven guilty. In the state of Florida the penalties are based on the presence of previous DUI convictions and the vehicle operator’s BAC. DUI can become a 3rd degree felony when the driver had previous convictions. For example, on the first offense there can be jail for up to 180 days, probation for up to a year, a fine of $250-$500, license suspension for 6 months to a year, and 50 hours of community service.

Car Accidents Caused by Poor Road Conditions

Some poor road conditions such as pot holes, erosion, guardrails, and defective design can lead to devastating car accidents and cause severe injuries. A person who is a victim of a car accident due to poor highway conditions needs to first prove that these conditions caused the actual damaged and that the company or agency involved with maintaining the road was neglectful in keeping the road or warning drivers about its dangers. A car accident lawyer can provide legal representation to anyone who claims that he or she has been injured due to poor road conditions.

High Speed Collisions

Violating the speed limits is a common practice in the state of Florida, especially on busy intersections and interstate roads. People want to get to places fast and end up exceeding the speed limit or having an accident. It’s important to adhere to the posted speeds to avoid creating a potentially dangerous situation. Drivers involved in situations like this may be unable to take action due to the high speeds.

A Car Accident Lawyer Miami Can Help You

The laws surrounding all matters of personal injury and auto accidents can be complicated and difficult to understand. Each case is unique and therefore there are no set guidelines for every case. Personal injury lawyers handle hundreds of cases each day and have the most knowledge to guide you through the whole process. For more information, it is best to contact a Gallardo Injury lawyer in your area for professional guidance and legal advice.