If you or a loved one were involved in a car accident in Miami and injured due to the negligence of another party, and subsequently searching for a "car accident lawyers near me", put our experienced Miami car accident lawyer in your corner to fight for the money you deserve.
Suffering as a result of another individual’s negligence is something you should never have to do. Our personal injury attorney in Miami FL is committed to protecting your rights and will do everything to ensure you get the compensation you deserve to help reimburse you for your losses.
So, if you or your loved one have been injured as a result of a car crash in South Florida, justice is what you deserve. Hire our Miami car accident attorney to help you get that justice.
Our dedication to personal attention and drive to win your case is matched by our determination to succeed. What you'll find at the Beharry Law Firm is a team that will be attentive to your needs. At the Beharry Law Firm, our experienced accident attorney will listen to your concerns and answer all your questions during your free consultation. Attorney Beharry will make sure you feel supported in your fight for recovery.
The last thing you should worry about is fighting the other driver's insurance company to get fair compensation. Employ the assistance of our experienced Miami personal injury attorney. We know it can be tempting to accept an initial offer from them just to get some money and move on. Oftentimes, from experience, their initial offer is far less than the amount you will need to cover your current medical bills, ongoing medical care, and other costs associated with your typical car accident injuries.
With an estimated population of nearly 2.7 million people, Miami-Dade county is the largest county within the state of Florida.
Unfortunately, car accidents happen all too frequent and can inflict serious injury, catastrophic and sometimes life-altering injuries on accident victims living in Miami Florida that can unfortunately result in a wrongful death. In fact, according to the Florida Highway Safety and Motor Vehicles Department, accident stats in Miami-Dade County from 2021, there were a total of 62,536 car wrecks. Of those, 28,706 resulted in injuries from 353 fatal car accidents. Our car accident lawyer in Miami focuses heavily on car accidents due to the frequency and severity of accidents in Miami Florida. We understand how these injuries impact people and how to best help them fight for appropriate compensation awards.
Common routes for motor vehicle accidents throughout Miami, include the following freeways:
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.
Speeding-related car wrecks are most often the result of events that involve running late for work, not keeping up with surrounding traffic or driving unintentionally over the posted speed limits.
Distracted driving is one of the leading causes of accidents on the road. Fact is . . . . the brain cannot focus on multiple tasks at once, contrary to popular belief. This means that if a driver is texting or talking on the phone, grooming themselves or reading something, in other words, driving while distracted, their brain switches between these tasks, and is unable to fully focus on the next task.
Driving under the Influence
Ignoring Traffic Signals
Nearly 40% of car accidents occur at intersections, either from running through a red light or a stop sign. Having patience and waiting as much as one to three minutes can avoid the risk of injuring or even killing oneself or others.
This can be characterized by the driver performing lane changes too quickly, having a blatant disregard for the safety of other drivers and/or their property, or simply purposely failing to take cautionary measures.
Aggressive driving may involve a number of different traffic offenses that can endanger other drivers on the road, which may include speeding.
Drivers that operate a vehicle while being sleepy, drowsy, or feeling exhausted can have their driving ability impaired so much that they can’t appropriately respond, react, or discern the conditions of the road.
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.
Slippery roads from rain, visual difficulty in fog, high wind speeds from tropical storms and flooding from high water levels may also contribute to weather-related accidents that tend to cause vehicles to slide on/off the road or hit other vehicles and objects.
Roads that are poorly maintained often increase the risk of a car’s tire being blown out and will therefore negatively influence a driver’s ability to brake adequately and pull safely off the road.
With the amount of parts, both moving and non-moving, that go into manufacturing a safely functioning car, it is not uncommon for some of them at times to malfunction which can possibly lead to causing accidents on the road.
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:
TBIs or Traumatic Brain Injuries
Spinal Cord Injuries, including partial or full paralysis (either temporary or permanent)
Back and Neck Injuries
Leg, ankle and knee injuries
Fractures and broken bones
Internal bleeding and injuries
Scarring and disfigurement
Facial Injuries, to include dental or eye injuries
Soft tissue injuries
We can also help clients fight for compensation due to nonphysical injuries. Florida law, albeit complex, allow a car accident victim with the assistance of auto accident attorneys to file a claim and demand compensation for emotional, mental and psychological suffering, but only if they meet the standards of severity as dictated by the Florida Statues. They can also get compensated for their physical pain and any economic losses. Our personal injury lawyer will fight to seek a fair amount for your pain and suffering, emotional damages, anguish, grief, distress, and post-traumatic stress disorder after bad accident.
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.
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.
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.
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:
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.
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.
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.
Florida personal injury law uses the term "negligence" to refer to a plaintiff's legal theory. This legal theory tends to be the basis of most car accident claims, and other personal injury claim lawsuits as well. Negligence is when someone fails to fulfill their accepted duty of care. This is an obligation that one must use the same degree of care as a reasonable person in similar situations. The duty of care is typically used in a case involving a car accident as it points to the driver's obligation to observe traffic laws, drive safely, and avoid car wrecks.
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:
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.
If you were injured in a MVA accident in the Miami-Dade area as a result of another person's negligence, wrecklessness or intentional act, with the assistance of our experienced Miami accident attorney, you have a better chance of receiving compensation for the following:
For medical bills incurred as a result of a minor or serious injury, you are entitled to compensation. These include:
Pain and Suffering
These damages are intended to compensate for the emotional and physical distress caused by a motor vehicle accident. These more complex damages, which are often difficult to quantify, can make up a significant portion of your car accident settlement.
Loss of Wages
Compensation for lost wages is available if your injuries have affected your ability to work. Your employer must send you a letter detailing your salary and how many hours you missed.
If you were a victim of a willful or malicious act, you could also be awarded punitive damages. The purpose of punitive damages is to deter future defendants from acting in similar ways.
In Miami Dade, personal injury lawyers file accident claims in a civil court which are treated much the same as a personal injury lawsuit. The plaintiff is the person who files the lawsuit (usually with the help of an experienced car accident attorney in Miami Dade) and seeks compensation for damages from the defendant.
Below is a brief overview of the steps involved after Miami car accident attorneys file a lawsuit.
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.
Hit-and-runs are those vehicle accidents where the at-fault party chooses to not stick around to take responsibility for his/her actions and legal obligations to causing the motor vehicle accident in Miami-Dade county.
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:
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.
If efforts to identify the at-fault hit-and-run driver come up short, then you may be able to be compensated under your own car insurance policy. Just notify your insurance company immediately to report the hit-and-run.
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:
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.
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:
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.
When you start your search for a " Miami accident lawyer near me "; searching through the results you see on Google or Bing “might” get you started, but do not choose a car accident attorney based on what you see in Ads alone!
Some car accident attorneys have huge advertising budgets and thus focus on doing what is commonly referred to as “volume-work,” where their goal is simply to get as many motor vehicle accident clients into their doors as possible and then settle their personal injury cases as quickly as possible, which often yields lower settlements to the personal injury victims. Chances are that you would prefer to have a personal injury attorney in Miami such as from the, Beharry Law Firm.
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:
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.
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.
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. Having an experienced auto 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.