Car Accidents

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Legal Practice Area Description

Car accidents happen every day on Florida roads, and while many may be simple fender-benders that result in minimal damage to the vehicle or driver, a significant number of these accidents involve serious injury in terms of physical, mental or emotional stress. You need a Miami-Dade car accident lawyer if you’ve been hit by a negligent driver.

When an auto accident is caused by another driver’s failure to pay proper attention to the road, it is deemed “negligence.” The offending driver may then be held responsible for any costs associated with the victim’s ability to recover or to maintain care in cases of long-term injury. In the worst cases where a wrongful death occurs at the hands of a negligent driver, the victim’s family may pursue compensation. Click the links below for more information on car accident claims.

  • Common car accident injuries
  • Causes of car accidents
  • Drunk driving accidents
  • Establishing fault after a car crash

Call (305) 771-0894 today to speak with a Miami car accident lawyer. Se habla español.

Common Car Accident Injuries

Due to the many degrees of car accident severity, a wide variety of different injuries may be suffered. Some common injuries that a victim may suffer in a car accident include:

  • Whiplash
  • Air bag injuries
  • Seat belt injuries
  • Cuts and bruises
  • Broken bones
  • Neck and back injuries
  • Head injuries / traumatic brain injury
  • Loss of limb
  • Spinal cord injury
  • Wrongful death

Injuries can also extend beyond the physical body, as victims may also suffer pain and emotional suffering that severely limits or eliminates the ability to make an adequate living. It is important to speak with a Miami injury lawyer at your earliest convenience in the event of a car accident with injury in order to begin building a sufficient case for compensation.

Causes of Car Accidents

Drunk Driving
Car accidents can occur for a myriad of reasons. Driving under the influence of alcohol or drugs is one of the most common causes. According to the Florida DMV, there were 33,625 DUI convictions in 2011. Driving after consuming alcohol is never safe, and it causes hundreds of accidents and deaths every day.

Distracted Driving
Driving while distracted is another frequent cause of car accidents. Chatting with passengers, talking on a cell phone, and texting are just a few things that distract drivers and may cause collisions. In the first 10 months of 2011, 2,218 accidents were linked to electronic distraction. Although driving and talking on a cell phone is legal in Florida, Florida Highway Patrol recommends that drivers use the hands-free method and do not text message while operating a motor vehicle.

Driving over the speed limit is a common variable for car accidents, as well. Falling asleep while driving causes about 100,000 accidents every year. When drivers become fatigued, they may drive over road lines, change speed for no reason, and misjudge traffic situations.

Defective Auto Products
Some car accidents are not brought about by human error, but by manufacturer flaws. Defective tires, defective brakes, and other defective auto parts can cause car accidents, as well. Vehicles are recalled every year due to defective parts, which can include:

  • Airbags
  • Brake systems
  • Accelerators
  • Tires
  • Steering wheels
  • Other auto parts

Personal Injury & Drunk Driving Accidents

Every driver on the road has a responsibility to use reasonable care when operating a vehicle. When an intoxicated driver or drunk driver seriously injures or kills a pedestrian, motorcyclist, bicyclist or a person in another vehicle, they should be held responsible for the medical and other losses. The responsible driver’s insurance company should make full restitution. Unfortunately it usually falls to a Miami-Dade injury attorney to ensure that the injured receive full and fair settlement.

Dealing with Insurance Companies

Insurance companies aren’t in business to play fair, they are in business to make a profit. Insurance adjusters are trained and expected to settle injury claims as low as possible in order to preserve the company’s profitability. To this end, injury claims can be unfairly denied, or settlements offered to the injured which are far below what is fair.

Our drunk driving injury lawyer is fully experienced in the tactics used by insurance companies to minimize settlements and can prepare a claim for anyone injured in Miami-Dade. Compensation for drunk driving accidents and injuries may include:

  • Current and future medical expenses
  • Assisted living costs
  • Current and future lost income
  • Pain and suffering
  • Emotional suffering
  • Punitive damages (in some cases)
  • Other damages directly related to the accident

Depending upon the circumstances, compensation may be claimed under Florida’s dram shop law or social host law. This holds responsible an establishment or host who continues to serve alcoholic beverages or other intoxicants resulting in an intoxicated driver who injures another.

Establishing Fault After a Car Crash

To cover the high cost that can be associated with an accident, it will be necessary to show that the other driver was at fault. How is this done? Depending on the situation involved around the case there are a number of ways that it can be shown that the other driver was reckless or negligent. Were they speeding? This may be possible to establish through a reconstruction of the accident. A reconstruction can also help determine how the crash took place, such as who was coming from what direction. A reconstruction can be valuable in certain situations where piecing together the events can tell the story of what took place.

Another option is through surveillance tapes. Many intersections have cameras and this may be used to observe if someone ran a red light or made a turn when they shouldn’t have. Witness accounts can be valuable, getting the first-hand account of someone who was there at the time. The driver may have been intoxicated at the time of the incident and if a chemical test or field sobriety test was issued, this can be valuable evidence that is used to strengthen a case. The main factors necessary in a case are as follows:

  • They acted negligently
  • Their negligence caused the accident
  • The accident was responsible for the injuries that were suffered

Providing a clear demonstration that the other party was at fault is necessary to retain compensation and to convince the court in your favor. An insurance company will likely try to give you less than you are owed but if there is indisputable evidence then it can be used to make them pay a fair amount. To establish fault and to effectively convey this in a case, work with a professional that has the experience and successful background.

Legal Counsel for Miami-Dade Car Accident Victims

Attorney Maria Rubio has dedicated her career as a legal professional to helping the victims of car accidents to receive the compensation they deserve for physical injuries, or mental and emotional trauma suffered in an accident. She has been selected for inclusion in the 2009-2013 lists of Florida Super Lawyers®, proving her ability to provide quality service and results. Our firm realizes the type of devastation that can result in a car accident with injuries that can lead to high medical bills and other costs associated with recovery as well as losses due to inability to work, and will work hard to see that you get the representation you deserve in civil court.

Maria L. Rubio Law Firm in Miami

When you need a law firm in Miami, contact the MLR Law Group!

The victim of an accident caused by the negligent act of another person has the legal right to pursue financial compensation in a civil court. By detailing the injury, the circumstances and the ensuing struggles related to recovery, it is possible to recuperate any lost funds and receive additional compensation for future costs as well.

The Law Offices of Maria Rubio have a strong background in health and medicine, and understand many cases both from a medical and legal perspective. With a specialty in personal injury law, our firm focuses on the important details that make up a strong case. We will work hard to build a solid and compelling argument in our pursuit of a fair settlement or a judgment for financial compensation to cover any costs associated with the injury.

Contact a Miami personal injury lawyer if you have been the victim of an accident caused by another's negligence, and would like to discuss your options.