Despite technological advances, like backup cameras, adaptive headlights, and forward collision braking systems (FCS) in today’s vehicles, car accidents are still happening at an alarming rate.  The causes of these traffic accidents generally fall into one of two categories. The first of which is the fault of human error, and the second are those being outside of driver’s control.

Most car wrecks in the surrounding Miami-Dade areas are not related to whether the driver knows how to properly operate a vehicle. Instead, they are a result of the decisions made by drivers when behind the wheel that jeopardizes highway safety. In fact, the National Highway Traffic And Safety Administration estimates that nearly 94% of all accidents involving motor vehicles are caused by human error.

Unfortunately, many drivers, at some point will eventually find themselves being guilty of some of the leading causes of auto accidents. Educating drivers about these issues can help them be safer on the roads while preventing motor vehicle accidents.

The following leading causes can be avoided by taking preventative steps the next time that you drive.

Even the safest and most defensive drivers can occasionally fall victim to an accident while driving, but not due to any error on their part. The factors below can create unsafe driving conditions.

A common myth amongst car accident victims is the belief that, the bigger the crash, and more extensive property damage to the car, the bigger the injury. The truth of the matter, is that even small and seemingly minor car crashes can result in the most serious, even a catastrophic/ permanent injury requiring extensive medical care. For vulnerable areas, such as the brain, spine, joints, and bones, it doesn’t require much force to cause significant damage.

Our personal injury lawyer helps victims with the following common car accident injuries involving any motor vehicle type throughout the Miami-Dade areas:

When you have been involved in a car crash, it’s critical to know what you should do,  as well as what you should NOT do – both at the scene of the accident and in the ensuing days, weeks, and months following a car wreck in Miami FL. Although, immediately after, you’re more likely to be shaken up and preoccupied after, the below listed DO’s & DON’Ts will help protect your legal rights, plus increase your chances of a favorable outcome from your car accident lawsuit.

Following a car accident in Miami, it is important to call the police to write up a accident report on the accident. This report should be completed by the officer who responds to the scene of the accident. His/Her report can be a crucial piece of evidence in a pending accident lawsuit.

The Process To Obtain A Police Accident Report

It is fairly easy to get yourself a copy of the accident report.

After the police officer completes filling out the details of the car accident in his/her report, you should be provided with a receipt that contains an accident ID number. With that information, you can just call up the local police station, provide the ID number and get a copy of the police report. If by chance the police officer failed to provide you with that receipt or you happened to have misplaced it, you can still get a copy by giving them the date, time, and location of the car accident.

Although there may be a small fee assessed to obtain a copy of your report, don't let that be a problem, as this vital document can prove to be very useful to your case in proving who was at fault in your car accident. This, of course, can sometimes determine whether or not compensation will be awarded to you.

Police Reports Can Be Critical To An Accident Claim

A police report is sometimes critical to a Miami car accident case. An accident report, which is often the official version of your accident, is what an insurance company uses to determine fault and issue compensation for your injuries. A police report is often the first thing an insurance representative will examine to determine who was responsible for your car accident. A car accident claim without this document can be incomplete and result in a much lower settlement offer or even perhaps a flat out denial.

What Information is Contained Inside a Police Accident Report?

The officer who first responded to the scene of the accident typically fills out an accident report that contains a summary of his/her investigation. Their report will include relevant information about the accident, which includes things like:

• Date, time and exact location of the wreck
• Names, addresses, and information about insurance for all parties involved
• Traffic citations may be issued to responsible party(ies)
• Information regarding witnesses to the wreck, their contact info and accounts of the car crash, AND . .
• Finally, officer's opinion on who was responsible for the crash will be included

Florida has complex laws regarding accidents involving motor vehicles. Because of that, it is crucial to be familiar with them, particularly if you are a victim. If you choose not to be familiar with them, nor get help from Miami car accident lawyers, you could make an error that could likely result in less compensation to you or none at all. For more information and to get help with with your auto accident claims, you should contact a law firm immediately after you've been in an auto collision. We will help navigate you through the Florida accident laws pertaining to your personal injury case.

Statutes of limitations

The statute of limitations is the deadline in which you can file a claim in Florida. Florida law gives all accident victims of motor vehicle accidents (car, truck & motorcycles) four years after the accident occurred to file an insurance claim, as well as property-damage claims. But, it's in your best interests to seek help from one of the many experienced Miami car accident lawyers sooner, as the passage of time can make it difficult to establish liability as well as summon witnesses who can recall the events accurately.

Plus, under laws of the state of Florida, you should seek medical treatment within 14 days of the accident that contributed to your injuries or you will potentially lose your ability to claim benefits from your personal injury protection (PIP) coverage.

No fault-based auto insurance

Florida is a no-fault based car insurance state. The “no-fault” law in Florida states: in the event of a car accident, both involved parties should turn to their car insurance policies to file an insurance claim, regardless of who was at fault for the accident. To cover that requirement by the state, all Florida drivers MUST include Personal Injury Protection (PIP) coverage in their car insurance policy. Florida's no-fault laws are intended to make it easier to seek medical treatment for those injured in the vehicles involved in the accident. The PIP coverage will cover your medical treatments and lost wages up to the predetermined amount of your policy limits. And if you end up with more serious injuries and they meet the law's "injury threshold" or they exceed your PIP coverage, then you can choose to pursue a lawsuit against the other driver.

Here at the Beharry Law Firm, our Miami injury lawyer has a very deep and practical knowledge of Florida's car accident laws. Our legal team keeps up-to-date on all changes to the law. Our goal is to not only help personal injury victims, but also to have a positive effect on car accident laws generally through our legal representation.

In order to prove negligence in a case involving a car accident in Miami Florida, you must have convincing evidence that either the driver or another defendant violated their duty of care. A breach of that duty is a failure to exercise the required degree of care in that particular situation. The injured accident victim with the aid of his or her experienced car accident lawyer in Miami FL must then prove that the defendant's breach was the direct or indirect cause of the accident. Had the defendant not been negligent, the motor vehicle accident would never have happened.

In Florida, evidence of negligence is required to establish the elements of an accident insurance claim. That evidence could include:

• a police accident report
• photographs and video footage
• signed eyewitness statements
• testimony from experts in car wrecks
• crash reconstruction
• medical records
• cell phone records
• commercial driver's employment records

Our accident lawyer can help collect all the evidence needed to prove negligence by the defendant in your car accident lawsuit.

To decrease the amount of a victim's settlement or judgment, it is possible for the opposing party's insurer to use comparative negligence. It states that the victim was partially responsible for the accident, and as a result should hold the defendant liable for a lower percentage of the calculated damages.

In the State of Florida, comparative negligence defenses can be used against you in a car accident case. If it is, this could lower the amount of compensation you receive from the other driver. For example, if it is determined that you are 20% at fault, then your final compensation will be reduced by a comparable percentage.

Since the State of Florida allows the pure comparative negligence rule to be used, victims can be held responsible for up to 99 per cent for the accident and still receive the 1 percent financial compensation. So, to maximize your financial recovery, it is crucial that you work with our experienced Miami accident lawyer who can oppose the comparative negligence defense.

1. File a complaint with the County court: This is the first step to pursuing a lawsuit for car accident injuries. It entails  a detailed description of what happened, along with the damages you claim. It also outlines the legal basis for filing the injury lawsuit. In the State of Florida, the statute of limitations for filing a motor vehicle claim is 4 years.
2. Serve the Defendant with the complaint. After our Miami accident attorney files your complaint with the local courts, he will inform the defendant(s) that a lawsuit has been filed against them in court. This process must follow very strict guidelines for Miami-Dade courts to consider it as being properly served. This process is formally known as “serving the complaint”.
3. Defendant will file an answer to that complaint. It will typically include admission or denials of the facts laid out in your case and any legal defenses.
4. Discovery. After plaintiff’s complaint and defendant’s answer are filed, both parties enter into a phase where information is requested and exchanged.  This is called discovery. This phase may include the production of documents, answering written questions and even taking depositions.
5. Trial. After discovery is completed, both sides will then meet and present their arguments to the judge or jury. When evidence is overwhelming, the case is likely to be settled before it goes to trial. If the case is not settled, the Plaintiff's and Defendant's personal injury lawyer can then present any evidence, produce their respective witnesses as well as cross-examine the witnesses from the opposing side. Experts will also be allowed. After the trial has ended, the judge or jury will decide and enter a verdict for either the Plaintiff or Defendant based upon a preponderance of the evidence' in support of their personal injury claim. A judgement will also be entered with the amount of compensation to the prevailing party.

The process of filing a personal injury claims lawsuit for an auto accident claim is NOT a simple task.  It should not be attempted by the victims themselves in an effort to avoid paying attorney fees, as this will certainly lead to less than desirable outcomes.   The process requires a significant amount of skill and experience. As a result, in most car accident cases, hiring the right auto accident attorney is paramount to getting a successful outcome and being awarded the most compensation possible.

There are certain circumstances where you might be entitled to receive compensation under Florida Law if you were injured in a hit and run accident. Those circumstances include:

1. Identifying the At-Fault Driver

Even though the hit and run driver fled the scene of the accident, it may be still possible to find him or her through a variety of means. One of those means is to recollect relevant details about the vehicle that you were hit by, such as the make, model, color or license plate of the vehicle, which could aid in identifying the person responsible for your injuries. If that's not possible, another means to identify the driver is to utilize the assistance and resources of experienced Miami accident attorneys in addition to obtaining statements from any witnesses, identify available camera footage from nearby residential or commercial properties and/or soliciting the help of the police. Calling the police may prove to be a valuable thing to do after being involved in a hit and run accident. They may be able to track down the driver at fault as well as conduct an investigation at the scene of the accident. If they are successful, you can officially proceed with your accident claim to the insurer of that at-fault driver.

They will inform you if you have coverage for uninsured and underinsured motorists. In this instance, hit-and-run accidents are treated much the same as an uninsured accident insurance claim, which essentially means you may be entitled to receive compensation through your:

• Uninsured/Under Insured motorist(UM/UIM) coverage
• Personal injury protection (PIP) coverage

Although in Florida, it is not mandatory to carry uninsured/underinsured motorist coverage, the law requires that auto insurance companies offer it's auto policy holders "stacking" of this type of coverage. That basically means if your household carries UM/UIM coverage for numerous vehicles and you choose the stacking option, you are able to combine the policy limits for each covered vehicle in an effort to increase the overall coverage for the hit-and-run accident claim .

You can, of course, choose to decline the UM/UIM coverage by manually completing a form when you purchase your auto insurance policy. Your insurer will then just cover your medical expenses if you have this type of insurance coverage. The hit-and-run damages may be covered under your policy's collision and comprehensive insurance. Our accident attorney will help you negotiate with your insurance company for a fair and reasonable compensation following any serious hit and run crash.

3. Pursuing A Liability Claim From A Third Party

Another means of getting financial compensation for a hit-and run accident is to hold a third party responsible for your damages. Sometimes, seeking compensation from a third party can provide you with a third option to pursue a claim against that party who may be "partially" responsible for the motor vehicle accident that resulted in you being injured. For instance, some common third-party accident claims in hit-and-run car accident cases includes:

• Claims that involved other drivers in the accident, or a company that hired the driver
• Claims that involve prior repair shops or manufacturers of the vehicle(who made a defective part of your car)
• Claims against construction companies, contractors or the local highway authorities(for dangerous roads)

Our qualified Miami injury attorney will assist you in determining if another party partially contributed to your accident. Our licensed lead personal injury lawyer will analyze your hit-and-run case and advise you about all of your options for financial compensation.

Our firm will give you a more personal attention, as well as having true compassion for what you and your family are faced with, while fighting hard on your behalf when negotiating with the opposing driver's insurance company. To ensure you get the right Miami injury lawyer to help you file an insurance claim, the first thing you should do is to meet with several Miami personal injury lawyers, either via video conference or at their office before you consider hiring one. Here are several important questions you should ask them:

• who will be working on my case?
• what is your experience with similar cases to mine?
• what were some of your personal injury cases results?
• what are your fees?
• how quickly can I expect you to get back to me when I have one or more questions during claim process?
• if we don't win, will I have to pay for your expenses?
• how long do you anticipate my case to take?
• what can I do to improve my chances of a winning outcome?

For further assurance that you end up with the best auto crash lawyer for you and your case, check out prior client reviews and see what their experience was working with that personal injury law firm.

Put Our Car Accident Lawyer On Your Side !

No matter what type of injury you sustained in your car wreck, besides the medical aspect of your case, the legal aspect can get very complex , particularly if it includes substantial damages, including lost wages, etc. The benefits of hiring an experienced Miami accident attorney from the Beharry Law Firm on your side can significantly help your chances to recover compensation from the responsible party or parties.

The Beharry Law Firm in Miami has extensive personal injury experience. We’re not scared to take on insurance companies or large corporations. If needed, we will take them to trial on behalf of our clients.  Because our experienced attorney, Michael Beharry, has experience in insurance claim defense in his legal background, he offers a unique edge when compared to other car accident attorneys in Miami. He has worked on the other side and therefore knows what to expect and how to handle multiple scenarios. Request your free consultation today to get started.

It is our goal to maximize our client’s compensation in every case we work with. If we are not successful getting you compensated for your damages, you owe us nothing.