Auto Accidents in Florida
Whether you are in a truck, car, or even on a bicycle, auto accidents are terrifying. If you have been involved in an automobile accident, chances are good that more than your car was damaged. If you have sustained injuries due to an auto accident, you may have an auto accident case and may be entitled to compensation.
A car accident lawsuit can be filed against the insurance company of the individual at fault for the accident. If you win your claim, you could win a hefty settlement. First, you need to determine if you have car accident personal injury lawsuit, in the case of an auto accident.
As many factors go into an auto accident case, you need to understand all scenarios and situations where you may be able to receive compensation for your damages.
In car accident lawsuits with insurance companies, you and your personal injury attorney must prove the other driver was at fault for the accident. In other words, you must prove the other driver failed to take “reasonable care” when operating a vehicle or caused the accident because he or she was not paying attention.
Car Accident Personal Injury
An accident can be simple or complex. It may result in a range of damages or only a few. When car accidents are not just a little fender bender, they may cause extensive damages, including everything from property damage, to medical expenses, to pain and suffering. Car accidents qualify under personal injury law and can in fact often become court-worthy cases.
Can Car Accidents Become Personal Injury Lawsuits?
While many car accident personal injury claims are settled out of court, some do go before a judge or jury. There are a number of factors that can influence when and if a car accident claim must proceed to the next level.
When the other driver’s insurance company offers a fair and just settlement, even if it takes some negotiations, there’s no reason to go to court. When the insurance company fails to offer a good settlement, then a lawsuit is the next step.
Accidents that involve an uninsured or under-insured driver may also go to court, since there may be no other way to recover compensation for damages and personal injuries.
How is Negligence Defined for a Car Accident?
Negligence is a central concept in any personal injury claim. When it comes to car accidents, negligence is defined as carelessness or thoughtlessness while operating a vehicle.
Driver’s have the legal obligation to use caution and ensure their actions protect others from harm. A driver that fails to do so can be held liable for their actions. In other words, they can be found negligent and therefore responsible for any injuries, damages, or harm they cause.
How can a Lawyer Help with a Car Accident Personal Injury Claim?
Although some minor car accidents can successfully be negotiated alone, an attorney can be invaluable with complex negotiations. Even if it is simply an uncooperative or unresponsive insurance claims adjuster, an attorney acting as an intermediary can get things moving forward.
Insurance claims adjusters are responsible for trying to minimize expenses for the insurance company while also placating or satisfying claimants. In other words, the adjuster’s job is to offer you a settlement that is lower than your claim may actually be worth.
An attorney can advise you throughout the settlement negotiation process. They can handle formal communications and ensure you do not accept a settlement without understanding its full implications. If the negotiations fail or the insurance company offers an unjust or unfair settlement, an attorney is needed to file, prepare for, and argue a lawsuit.
Auto Accidents — Failure to Take Reasonable Care
There are many legal arguments you need to use to prove that another driver did not take reasonable care when the accident occurred.
The first argument you should use is that every driver has a legal duty to use reasonable care when operating a vehicle. This is relatively easy to establish, but it must be discussed in the case, as you must prove that the other driver was in violation of that duty. Reasonable care includes stopping at stop signs or red lights, not driving while distracted, and driving sober.
In addition, you must be able to prove a direct relationship between the accident in which you were involved and the injury that resulted from it. You cannot file a personal injury claim against another driver for a back injury that occurred months before the actual accident. You will need to have recent medical evidence that shows your injuries came directly from the accident.
Auto accident claims typically focus on whether the other driver met his or her “duty of care” responsibilities in operating a vehicle. Under the legal definition, a driver is expected to specific standards when driving in order to meet the duty of care. These include:
- Driving at a reasonable speed;
- Controlling the vehicle; and
- Being aware of situations that could cause accidents.
Auto accident lawsuits need to address whether a driver’s actions created “unreasonable risk”. Unreasonable risk is legally considered a risk which any reasonable individual should be able to anticipate and avoid. An example of “unreasonable risk” would include speeding past a park where children were known to play.
There are also many circumstances for a car accident to occur, from being rear-ended to making a left turn. In all Car Accident Scenarios, you must determine who is at fault for injuries.
Auto Accidents — Cause of Injuries
In order for another driver to be found responsible for your injuries that occurred during an auto accident, he or she must have used poor judgment and negligent conduct. His or her actions must be clearly linked to your resulting injuries.
For example, let’s say you are making a left-hand turn and are struck by a driver in the oncoming lane. You must prove that you did not cause the accident, and that the actions of the driver resulted the accident and the subsequent injuries you suffered. You can do this if you are able to prove that you had the right-of-way or if the driver was using his cell phone or was otherwise distracted. If however, your own behavior was reckless and was the reason for your injuries, then the driver of the vehicle cannot be held liable for any resulting injuries. This may be the case if you turned left when you did not have a green light.
In any auto accident personal injury case, you must prove that a reasonable person could have anticipated the risk of harm to others and should have acted accordingly to avoid causing harm.
Auto Accidents — Intervening Causes in Personal Injury Auto Accidents
A factor to keep in mind when dealing with any auto accident personal injury lawsuit is the concept of “intervening causes.” This means that another incident or party is at fault for the accident. It also means that the driver who struck you could not have avoided the incident and is not at fault for your injuries.
An example of an intervening cause could include a multiple car accident in which a two other motorists have an auto accident, leading to another driver striking your vehicle. So long as the other driver is able to prove that he was unable to stop himself from hitting your car, he would not be at fault.
However, if the driver who hit you was speeding, driving erratically, driving while distracted, or was in some other way not meeting his responsibilities while operating a vehicle, he or she may still be liable and you may have a personal injury case against them. This could be true even if the accident was started by a third driver.
Factors of Auto Accident Personal Injury Claims
Responsibility for Car Accidents
Learn how to prove who is responsible for car accident claims
Car Accident Injuries and Reports
Learn more about common injuries and how to claim them as damages
Disputing Fault in Automobile Accidents
Learn about fault and how to dispute fault if you are accused of causing an accident
Insurance and Car Accident Cases
Learn about how to proceed with insurance companies after a car accident
Learn the steps for settling car accident cases whether they go to court or not
What Happens When You Are Injured in a Car Accident as a Passenger?
Learn what rights you have as a passenger in an auto accident
How Do Seat-Belt Laws Affect a Personal Injury Claim?
Learn how seat-belt laws and your use of seat-belts can affect the amount of damages you may receive
Other Traffic Accidents
Auto accidents do not always involve two or more cars. In many occasions, a bicycle or motorcycle, or even a truck can be involved.
If you have been involved in a bicycle or motorcycle accident, you will need to determine who is at fault for your injuries. You will also need to understand laws and scenarios and how best to proceed immediately following an accident.
Hiring a Personal Injury Attorney
If you have been injured in an auto accident and wish to file a claim, it is always a wise idea to contact a licensed personal injury attorney in your area. He or she can help you determine whether or not you have a case, help you write a demand letter to the other driver’s insurance company, and help defend your case in court if need be.
Types of Auto Accidents
Nearly any type of accident can cause serious injuries. Here are some of the most common types of personal injury auto claims:
- Auto Accident at Intersection
- Auto Accident With Drunk Driver
- Auto Accident Involving a Left Turn
- Auto Accident While Merging
- Side Impact Auto Accident
- No-Contact Auto Accident
- Auto Accident in Parked Car
- Auto Accident in Parking Lot
- Auto Accident at Stoplight
- Auto Accident Which Causes Chain Reaction
- Auto Accident with Many Drivers
- Auto Accidents Involving Animals
- Auto Accidents During Rain
- Auto Accidents at Night
- Auto Accidents Involving Rental Cars
- Hit-And-Run Accidents