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MIAMI CAR ACCIDENT LAWYER Q&A
THE MIAMI CAR ACCIDENT LAWYERS AT THE PERAZZO LAW FIRM ANSWER COMMON CAR ACCIDENT QUESTIONS
SERVING MIAMI-DADE, BROWARD, AND ORANGE COUNTY RESIDENTS INVOLVED IN CAR ACCIDENTS
The best personal injury and car accident lawyers in Miami understand what car accidents imply to motorists, passengers, and vehicle owners following a car collision. Read the car accident Questions and Answers below for insight on how to deal with car accidents, injuries, and insurance claims for compensation in Florida.
Common Car Accident Question and Answers by the Perazzo Law Firm
Should I give a statement to the authorities about how the accident happened?
No. The Miami Personal Injury lawyers at the Perazzo Law Firm urge Miami car accident victims to not give a statement until authorities arrive. A police officer or highway trooper will conduct a visual investigation and ask the parties involved in the vehicle accident what happened. What you should do is take out your cell phone and take pictures and videos of the accident scene. And if possible, try to get witness testimony and their contact information.
Should I go to the hospital or clinic after the accident despite not suffering evident injuries?
Yes. The Perazzo Law Firm suggest that all Miami car accident victims seek medical attention following a car accident. Many times, internal injuries don't appear until long after the car accident occurred. Head trauma and spinal injuries may appear months after the car accident. The Perazzo Law Firm also advises car accident victims to keep all medical records and receipts of costs incurred as a result of the car accident.
What happens if I crash into another car and I have no vehicle insurance?
Florida Law states that all registered motor vehicle carry PIP and PD insurance coverage. In the event that the driver does not have insurance and gets into a car accident that he/she causes, then that motorists is liable for compensation for personal injury, property damage, and any other losses sustained to the car accident victim. (See PIP Insurance).
What Happens if an Uninsured or Under-insured Motorists crashes into me?
According to Florida Law, all registered vehicles must possess PIP coverage, which is used to cover up to $10,000 in losses sustained from a car accident. If you carry Uninsured Motorist Coverage, then you would be covered for an added amount. (See Uninsured or Underinsured Motorist Coverage).
What happens if a drunk driver crashes into me?
The Perazzo Law Firm advises Miami victims of drunk driving accidents to contact the authorities immediately and check for any injuries to you or any passengers. It is quite common for drunk drivers to flee the scene of the accident before the authorities are contacted or they arrive. If the drunk driver does not flee, and once the authorities have arrived, you may step out of the vehicle and proceed to communicate with the drunk driver and the responding officers. Save a copy of the police report and proceed by contacting the Perazzo Law Firm. (See Hit & Run Accidents).
What Happens if the Driver of a Stolen Vehicle Crashes Into Me and My Passengers and I are Hurt?
The Perazzo Law Firm knows from experiences that stolen vehicles used for criminal activity are usually not old Gremlins. With the chances of a high speed chase, criminals will most likely chose high-end vehicles, which most often carry insurance policies that extend the minimum PIP insurance set by Florida Law.
What do I do if an Uber or Lyft Driver Crashes Into Me?
Uber, Lyft and other rideshare companies carry insurance policies to cover up to $1 million in damages and losses to victims of Uber/Lyft accidents.
Perazzo Law highly urges Uber accident victims to follow these procedures:
- Don't move.
- Determine the extent of your injuries and contact the authorities to report the accident with the Uber operator.
- Wait for the Police.
- If possible, contact your insurance provider and the Perazzo Law Firm ONLINE.
- See Uber/Lyft Accidents
What Happens if I am Crashed Into by Someone Pulling Out of Their Driveway?
The Perazzo Law firm staff of Personal Injury attorneys in Miami suggest treating a car accident on a driveway in the same way they would a city street or avenue. Vehicles must abide by the right of way rule and treat pulling out of a driveway as if they were pulling onto an avenue from a small side street. If the driver is found at fault and injuries and property damage is sustained, a compensation claim can be presented to cover losses incurred by the driveway accident.
What Happens if a Motorcycle Driver Crashed Into Me?
The Perazzo Law Firm knows that handling motorcycle accidents can be complex due to the need to determine negligence by the motorcycle rider. Motorcycle riders do tend to exceed speed limits, split lanes, and ultimately ride recklessly. However, that is not always easy to prove. (See Legal Advice for Motorcycle Accidents).
What do I do if my Airbag Explodes Prematurely or Without Impact?
The Perazzo Law Firm knows that premature or inadvertent Airbag deployment can occur in all vehicle makes and models, and this is because airbag manufacturers such as Autoliv, Daicel, Takata, TRW, and KSS are the leading manufacturers equipping US cars with airbags. Takata for example, has had to recall thousands of defective airbags in recent times. Defective airbag incidents include severe personal injury and can often lead to accidents with other vehicles, which can worsen the injuries sustained by a faulty airbag. Miami-Dade and Broward County motorists are advised to contact Perazzo Law ONLINE in the event of faulty airbag causing Florida motorists injury. (See Airbag Injuries).
What Happens if a Limousine Crashes Into My Car?
The Perazzo Law Firm knows that limousine accidents seem unlikely because there is a sense of security when riding in a limo. However, Limos are big and clumsy, and usually operate in areas where there is a lot of chaotic traffic, such as airports, fancy hotels, and a partying atmosphere. Though limo operators and owners must meet certain standards, however, these safety measures are not always met. Limousines carry hefty insurance policies, so if you were hurt in a limo, the chances of you being compensated for losses or injuries are high. (See Limousine Accidents).
What do I do After a Car Crashes Into Me After a U-Turn?
The Perazzo Law Firm staff of personal injury car accident attorney in Miami, knows that not all U-turns are illegal. First and foremost, check for any serious injuries. If no injuries are serious, proceed to contact the authorities to file an official report. Check for surveillance cameras and witnesses. Ask the police officer if the driver that crashed into you made a legal or illegal U-Turn. Regardless, if you are not at fault for the accident, you are eligible for compensation to cover personal injury, property damage, or losses from the U-turn accident. (See U-Turn Accidents).
What Happens if My Passenger is Killed in a Car Accident?
The Perazzo Law Firm staff of car accident attorneys in Miami, know how devastating a fatal car accident can be for friends, family, and loved ones. Reckless driving and the disregard for traffic laws are the main reasons for fatal car accidents in Miami-Dade and Broward County. If drunk driving, intoxication, or negligent cell phone use can be proved by our Miami Personal Injury staff, you may have a case for wrongful death. Regardless, all registered vehicles are required by law to carry PIP insurance to cover up to $10,000 in injuries or damages to victims. The extent of the compensation settlement would depend greatly on the type of vehicle responsible for the fatal car accident. Uber and Lyft have the best insurance policies, thus the payout would be greater to that of someone driving an outdated vehicle. (See Fatal Car Accidents).
What Happens if a Rented Car Crashes Into Me?
The Perazzo Law Firm knows that crashing in a rented car is no freak occurrence. Motorists unfamiliar with a rented vehicle can sometimes misjudge speeds and the automobiles handling and technical features. Furthermore, car rental drivers most often rely on GPS to guide them, thus this can be distracting and lead to an accident., Car rental agency provide their vehicles with automobile insurance coverage to cover third party accident claims for compensation. Furthermore, they most often offer car rental customers added coverage to safeguard them in the event of an accident in which they are at fault. (See Rental Car Accidents).
What Happens if I Rent a Car That is in Poor Operating Condition Which Leads to a Car Accident?
Perazzo Law knows that car rental agencies must provide customers with vehicles that are in proper operating conditions. Thus, brakes, headlights, tail lights, dashboard instrument panels, airbags, etc., must all function properly. Any accident resulting from poor vehicle maintenance will hold the car rental agency liable for any personal injuries, damages, loss, or even wrongful death as a result of poor rental car vehicle maintenance. (See Rental Car Accidents).
What Happens if a Dump Truck or Tow Truck Crashes Into My Car?
The Perazzo Law Firm knows that Dump Truck and Tow Truck accidents occur in Miami-Dade and Broward County. Dump trucks and Tow trucks usually operate at high speeds to meet schedules and deadlines, hence, their big, bulky vehicles can cause severe damage to any passengers vehicles they crash into. These truck services carry hefty insurance policies aimed at covering accident victims for injuries, property damage or losses incurred from an accident with a car or other vehicle. (See Dump Truck and Tow Truck Accidents).
How are Car Accidents and Personal Injury Law Connected?
After a car accident in Miami, there may be injuries that need medical attention by emergency healthcare professionals or treatment long after the car accident happened. In this case, the victim will be liable for any medical expenses. Fortunately, basic vehicle insurance (PIP) helps cover some of these costs and there are other vehicle insurance policies that cover a greater part of these medical costs and more. See Florida Vehicle Insurance Policies.
What Happens if you are injured as a Car Passenger
Owning and driving a vehicle is one of the most favorite American past times. The United States has a very high personal automobile ownership rate compared to the rest of the world. Most car accidents primarily involve injuries to drivers. In these cases the degree of fault is appointed based on the drivers’ careless conduct in observing road safety rules. That is, the driver that causes the accident can be pursued for damages. If more than one driver is at fault then the liability of the driver most at fault is reduced by the percentage of fault of the driver who is less at fault.
In recent years there has been a growing availability of personal transportation services. These services are becoming more wide spread and increasingly as easy to use as tapping your phone screen a few times. These professional drivers who offer their own automobiles to provide transportation to willing customers are not immune to car accidents which may lead to serious injuries. In these situation, the distribution of liability may become somewhat more complicated.
If the driver of the vehicle is at fault then he/she would be the one liable for the injuries caused to the passenger. If the driver of the other vehicle, you were not a passenger in, is at fault then you can pursue legal action against that driver. In some instances, the employer/owner of the vehicle you were a passenger in may also be liable for injuries caused even if that company or individual were not operating the vehicle at the time of the accident.
The damages you would seek, depend on the types of injuries suffered and the impact it has on your present and potential future earnings. In car accidents, the negligence standard is applied in order to prove liability. Negligence consist of four elements, all of which must be proven in your to recover damages. Those elements are duty, breach, causation and damages. That is, the driver who is alleged to be liable for having caused an accident resulting an injury must have had some duty of care that was violated or not observed causing damages/injuries to the victim.
As a passenger injured as a result of a car accident, you may be entitled to damages for medical expenses, lost wages, damage to property and even pain and suffering. In order to be able to seek maximum recovery, it is important to document the accident and keep records of expenses and treatment stemming from the injuries.
What are my rights after a Hit and Run accident?
In most car accident cases, it is fairly easy to determine who the responsible parties or parties are. A car accident case may become more complicated when more than one driver is responsible. Moreover, some car accident cases involve contributing factors that may be outside the control of the drivers involved in the accident. Those factors can include defective safety features in one of the vehicles, unsafe road conditions created by negligent construction or maintenance. Sometimes, a driver who causes a car accident may be under the influence of medication that was falsely prescribed by a doctors or incorrectly filled by the pharmacist.
A subcategory of personal injury caused by a vehicle is known as hit-and-run. In these cases a driver, passenger, or even a pedestrian is injured by a negligent driver who leaves the scene. In these cases the difficulty in collecting damages arises from the inability to identify the driver who caused the injuries and escaped.
If you have been a victim of a car accident, it is important to start gathering information right away or as soon as it is safe to do so. Attempt to record the license plate number of the vehicle that caused the injury. If that vehicle escaped before you could do so, observe your surroundings because there may be a surveillance camera at a nearby intersection or even a surveillance camera at a business or residence that recorded the incident. If there are no cameras, then determine if there were any witnesses and take their information for future reference or even to provide to the responding police office. Following the accident, continue to keep a close record of your treatment and expenses which will be needed to prove your exact damages. It is important to keep records of the accident and subsequent treatment, not only to be able to prove damages, but also because, over time, memories tend to fade and you may be unable to recall important information regarding your case when asked to do so in a deposition or on the stand in a trial.
If all else fails, you may be able to seek recovery of your damages through what is know as UM/UIM (uninsured motorist/underinsured motorist). This statutory provisions are created in order to allow victims to collect damages even if the liable driver flees the scene and remains unidentified. The UM/UIM law allows the victim of a hit-and-run to seek damages from his/her own insurance company. This law also applies if the victim’s damages are in excess of the liable driver’s insurance policy. Unfortunately, many victims of hit-and-run accidents may not be aware they can seek recovery if the liable driver is unknown, which is why it is important to seek advice from a professional with knowledge and experience in personal injury from car accidents.
Why do motorists drive without insurance?
Although Florida law mandates that drivers must have motor vehicle insurance coverage, including Personal Injury Protection (PIP), some individuals choose to operate motorcycles, cars, or trucks without carrying insurance for various reasons. The specific reasons vary depending on the personal circumstances of those who opt to drive uninsured vehicles. Here are some common explanations for driving without motor vehicle insurance coverage in Florida:
Financial Limitations: Financial difficulties are a primary factor that leads individuals to forgo motor vehicle insurance. Affording insurance premiums can be challenging, especially for those with limited income or other financial obligations. Due to immediate financial needs, they prioritize other expenses over insurance coverage, despite the legal requirement.
Lack of Awareness: Some individuals are not aware of the legal obligation to have motor vehicle insurance in Florida. They might be unfamiliar with the laws or not fully comprehend the consequences of driving without insurance. This lack of awareness results in non-compliance.
High Insurance Expenses: Insurance premiums vary significantly based on factors such as age, driving history, vehicle type, and location. Some individuals, particularly young drivers or those with a record of accidents or violations, face higher insurance costs. If the premiums are unaffordable, they may choose to remain uninsured.
Limited Insurance Accessibility: Certain individuals, particularly those with a poor driving record or a history of insurance lapses, encounter difficulties in obtaining insurance coverage. Insurance companies might be hesitant to provide coverage or offer policies with extremely high premiums, making it challenging for these individuals to find affordable insurance.
Misjudgment of Risk: Some people wrongly believe that the chances of getting into an accident are low or that their driving skills are sufficient to avoid accidents. This misjudgment leads them to forgo insurance, assuming they won't need it. However, accidents can occur unexpectedly, and being uninsured exposes them to significant financial and legal consequences.
Resistance to Compliance: While it is not a prevalent reason, some individuals choose not to carry insurance due to personal beliefs or a desire to defy government regulations. They intentionally disregard the legal requirement as an act of defiance or protest.
It's important to emphasize that driving without insurance is not only against the law but also entails significant risks and potential hardships. Being uninsured exposes individuals to substantial financial liabilities in the event of an accident, as they may be personally responsible for medical expenses, property damage, and other related costs. All drivers must understand the importance of insurance coverage and adhere to the legal requirements to protect themselves and other road users.
Who Is At Fault In A Single Vehicle Car Accident
Oftentimes the media covers car accidents involving multiple vehicles resulting in catastrophic injuries. However, a largely overlooked segment of car accidents may not involve multiple drivers and vehicles. Sometimes, a serious injury may result through no fault of the driver.
Not all car accidents resulting in personal injury involve multiple vehicles. Moreover, not all car accidents involve a careless driver. A motor vehicle can be involved in a collision resulting in serious injury through no fault of the operator of the vehicle. As many of us have seen, a failed brake may result in a vehicle unintentionally moving downhill and running over an innocent pedestrian or even the vehicle’s owner. A passenger chair may malfunction crushing an occupant of the vehicle who is unable to escape.
A modern vehicle consists of multiple components manufactured by a variety of companies who source components from all over the world. Any defect in the parts used can contribute to a malfunction leading to a car accident. Very few car owners know how to maintain their vehicles beyond basics such as changing a tire. We entrust our vehicles to trained professionals who specialize in maintaining and repairing our cars. A mechanic who fails to property repair a vehicle can be responsible if that carelessness causes a vehicle to crash or exacerbates an injury. Moreover, the mechanic’s employers, who fails to properly train or supervise, may also be at fault and share responsibility.
Cases where some specific part or mechanism causes a car accident or contributes to the damages are known as products liability. In these cases, it is possible to distribute fault to the manufacturer of the defective part. Moreover, it is possible to assign blame onto the distributors or sellers of the defective parts who knowingly sell parts known to be defective. Additionally, since very few car owners service their own vehicles, it is possible to assign blame to the professional who was not diligent in installing the defective part or who failed to inspect the part to determine whether it was defective.
Additionally, blame can fall on the employers of these mechanics. If an employer fails to properly train or supervise employees which results in a vehicle leaving the shop in a condition that makes it unsafe, then that employer can be responsible for any resulting damages. These types of cases would fall into the category of negligence. Negligence is a legal concept consisting of four elements: duty, breach, causation and damages. That is an individual had a duty of care that was breached and caused damage or injury.
In situations such as these, the victims of a malfunctioning vehicle are at a disadvantage against insurance companies. These types of accidents may be caused by multiple companies and individuals. Insurance companies simply shift the blame from the individual or entity they represent to another party that may be a company on the other side of the world. It is important to consult professionals who understand the complexity if these types of claims and know how to fight any defense put forward by the insurance company.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Florida lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking to repair your home, you can rest assured our lawyers will be there for you.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights.
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