Miami Car Accident Attorney
The U.S. Department of Transportation’s National Highway Traffic and Safety Administration reports that 37,261 Americans were killed in car accidents in 2008. Automotive accidents are particularly common in South Florida due to teen negligence, construction zones and widespread disregard for the rules of the road. An automobile accident can occur unexpectedly, and no one is completely protected from the possibility of being involved in an accident.
Our Miami car accident attorneys have more than 39 years of experience litigating personal injury and wrongful death claims arising out of automotive accidents and other accidents involving trucks, ATVs, motorcycles, scooters and other instrumentalities. These accidents may involve the following:
- Head-on collisions
- Rear-end collisions
- Side collisions
- Multi-vehicle collisions
- Accidents involving drunk drivers
- Hit-and-run accidents
- Distracted driving accidents
- Accidents resulting from defective products or design, including defective seatbelts, tires, body style, roof design or gas tanks
Driver Negligence Causes Many Auto Accidents
Many automobile accidents occur as a result of driver negligence. Driver negligence means that a driver was not paying full attention to the road or was driving carelessly at the time of the accident. Some of the most common forms of driver negligence include:
- Distracted driving. Distracted drivers are one of the leading causes of accidents in the United States. These drivers are preoccupied with other vehicle occupants or animals in the vehicle, texting while driving, answering their phone while driving, taking pictures, changing the radio, or even eating or drinking while behind the wheel. Being inattentive at the wheel can cause serious accidents.
- Driving while too tired. Drowsy driving, or driving while overly tired, is another major cause of accidents. In this scenario, a driver gets behind the wheel, but is too sleepy to operate the vehicle safely. The driver dozes off while driving and causes an accident.
- Driving while under the influence. Unfortunately, some people exercise poor judgement and think that they can drink and drive, or consume drugs and drive. Driving while in an altered state is dangerous, and it can cause an accident.
- Reckless conduct. Some individuals drive considerably too fast, cut off other vehicles for no reason and don’t use turn signals. These drivers are reckless behind the wheel and their actions place others in danger.
Auto Accident Injuries Can Be Serious
Auto accidents can look terrible, but only cause minor injuries for the people involved in the accident. Other accidents might look like a minor fender bender, and yet a victim might have suffered a serious and debilitating spinal injury. Just how the accident looks is not a good indication of the injuries that the accident produced.
Auto accidents can produce some serious and life-changing injuries. It is not uncommon for automobile accidents to cause cuts, bruising, eye injuries, head injuries, traumatic brain injuries (TBIs), broken bones, fractures, internal injuries, disfigurement, permanent disability, burns, amputations, spinal cord injuries, back and neck injuries, and in the worst cases, loss of life. Victims who are involved in automobile accidents often require emergency medical care immediately after the accident takes place, and then long-term medical treatment to effect a recovery thereafter. This can place a lot of stress on the injured victim. Not only is the victim injured and struggling to make a speedy recovery, but the victim often has to worry about medical bills and missed work while they are trying to make a recovery after an accident. Such worries can weigh heavily on the mind.
A Miami personal injury lawyer can help you seek recovery from the parties that are responsible for the automobile accident. You can seek damages for your injuries, your damaged vehicle, pain and suffering, lost wages and more. An experienced personal injury lawyer can help you by analyzing your case and determining each source of compensation that is available to you. We will try to help you obtain the maximum recovery that you are entitled to.
Automotive accidents are life altering events that cause a tremendous amount of physical, emotional, social and financial strain on a person and his or her loved ones. Our Miami car accident injury attorneys understand that individuals and their loved ones are immediately concerned with medical bills, health care treatment, lost wages from missing work, sudden loss of income or benefits, insurance issues and property damage. Our attorneys provide a full service approach to each client and their needs. We will explore all of your options and guide you through the process of obtaining prompt relief and maximized results.
Why You Should Work with a Miami Auto Accident Attorney
Many people hesitate to contact an attorney after a crash, wondering whether or not working with an attorney is really necessary. While you have no legal obligation to contact a lawyer, doing so can improve your chances of recovering the maximum amount of money that you are owed, and can also provide you with a sense of confidence and comfort throughout the process. Here are some important ways that our Miami car accident attorney helps you after a car accident:
- Investigating your accident. Fault in a crash is not always clear, and even when it is, the right evidence must be collected to prove it. Fault, or negligence, can have a big impact on the amount of money that you receive in a settlement offer, and unless you prove the negligence of the other driver (or other at-fault party), you may be unable to recover compensation at all. We open an investigation as soon as we learn around your accident, collecting all evidence. This includes physical evidence, pictures of the accident scene, police reports, video footage, witness statements, and more.
- Filing your claim. In some cases, you may not know how to file your claim after an accident, or against whom to file your claim. This is especially true if the accident was caused by a party other than another driver, such as the manufacturer of a defective auto part. We help you file your claim against the appropriate party in a timely manner.
- Proving damages. If you are injured in a crash and suffer losses, you may assume that the insurance adjuster responsible for processing your claim will recognize this and pay you what you deserve. Unfortunately, you will need to prove the full extent of your losses in order to recover any compensation. We can assist you in gathering medical bills, working with experts, and proving damages.
- Negotiating for a fair settlement offer. Frequently, insurance adjusters offer claimants less than they deserve, hoping that the claimant will take the money in desperation and frustration. When your settlement offer does not address the full amount of damages you have suffered, we will aggressively negotiate for a more fitting settlement amount.
- Taking your claim to court. When a settlement cannot be reached, we will be prepared to take your case to court.
Types of Car Accident Claims
Most car accidents happen because of negligence, which is the failure to exercise a certain level of caution while operating a vehicle. The Miami car crash attorney, along with your insurance company, will conduct a preliminary investigation to identify whether you were negligent or not.
To have the best chances of winning the case, the experienced Miami auto accident attorneys must prove that the defendant’s negligence caused the accident. Some examples of defendants are negligent drivers, reckless drivers, intoxicated drivers, passengers, pedestrians, and those who text and drive.
If your vehicle, or the defendant’s vehicle had a defect contributed to the accident, the injured party may have a claim against the manufacturer of the vehicle or one of its many parts. If the car had a faulty manufacturing issue, the manufacturer can be held responsible regardless of who was actually at fault for the accident.
The Miami car crash attorneys must prove that you were not at fault for the accident, and that the defect happened during the manufacturing process. Oftentimes they bring in expert testimony and analysis as evidence to prove that the defect caused or contributed to the accident. Successful lawsuits will require the plaintiff to show:
- The defective car or part was “unreasonably dangerous”
- The vehicle was being operated safely
- The vehicle’s performance had not changed since purchase
Then there’s faulty construction, design, or maintenance of roads. This can contribute to car crashes and have nothing to do with the drivers. This type of claim will prove the plaintiff and defendant not guilty due to circumstances beyond their control.
Types of Car Crash Injuries and Compensation You May Be Entitled To
The extent and severity of injuries suffered will vary with different cases. In some cases, treatment for injuries will not be covered by insurance. The Miami car crash attorneys help cover costs of injuries that include:
- Burns and scars
- Loss of limbs
- Spinal cord injuries
- Head injuries
- Joint, muscle, back, neck, and bone injuries
- Knee damage
- Permanent disability
In addition to these, our experienced auto accident attorneys can help you obtain compensation for the following:
- Medical expenses
- Future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Loss of consortium
- Punitive damages
- Wrongful death
Miami Auto Accident Attorneys Assist with Wrongful Death Claims
If you have lost a loved one in a car crash, you can file a wrongful death lawsuit. In these cases, the family or survivors of the victim must prove that their loved one was killed as a result of another’s negligence. You can gain economic, non-economic, and punitive damages.
Contact Our Miami Car & Auto Accident Attorneys
Alan Goldfarb, P.A. will advise you and your loved ones of your legal options. Contact our office at 305-371-3111 or toll free at 866-936-9761 to schedule a FREE consultation with our legal team today! You may also contact our Miami law firm online.