Many people migrate to Miami looking to enjoy the sun, the beach, and the fun-loving vibe of Florida’s second-most populous city. However, those that have too much fun might neglect best practices behind the wheel and cause a car accident that can lead to medical bills, lost wages, and pain and suffering. Miami drivers can cause car accidents through drunk driving, distracted driving, speeding, etc.
Whether you got in a car accident around the fast-paced and energetic North Miami Beach or cruising down Ocean Drive, a car accident lawyer can assist you with filing your claim. A car accident claim can put you in a position to receive compensation for injuries caused by a negligent driver. The car accident attorneys at the Russo Firm can help with your car accident claim through Miami-specific knowledge, personalized attention, and consistent communication.
Why Choose The Russo Firm for Your Miami Car Accident Claim?
At the Russo Firm, we understand the specific dangers posed by Miami drivers. The younger crowd in Miami is looking to hit the bars and soak in the sun on the beaches, possibly with a disregard for driving safety. Drivers may also fail to keep their eyes on the road due to the beautiful sites of the Art Deco District, Macarthur Causeway Bridge, or Ocean Drive and cause a car accident.
The experienced car accident attorneys at The Russo Firm are acutely aware of the dangers posed by Miami’s roads, streets, and intersections because of our experience driving in those same areas. We have car accident attorneys that have made their lives in Miami and want to provide legal assistance to those that have done the same. Our goal is to provide legal counsel catered to your situation, with details provided by our knowledge of Miami and our in-depth communication with you. Contact the Russo Firm today to learn how we can shape your car accident claim around your specific situation to put you in the best position to recover damages from a negligent driver.
The Russo Firm Case Results
There are many personal injury law firms that do not have the dedication or resources to take car accident claims to their natural conclusion, with their clients receiving fair compensation for their damages. They may take the easy way out and accept a low-ball early settlement to put the claim in the past.
At the Russo Firm, our goal is not to settle but to ensure our clients receive fair compensation for their damages. We want our clients to have financial support for damages that have already happened and could occur in the future. Our proven track record of fair compensation for clients has seen us succeed in settlement negotiations and represent our clients in court.
The following are some of the case results the Russo Firm has earned for clients:
- $3.3 Million for Automobile Accident Against Drunk Driver
- $2.4 Million for Medical Malpractice Misdiagnosis
- $2 Million for Wrongful Death Trucking Accident
- $1.75 Million Product Liability Jury Award for Crushed Hand
- $650 Thousand Automobile Accident Jury Award for Reconstructed Knee
Florida Car Accident Laws
Miami is subject to Florida statutes for car accidents and insurance. These are laws and rules that dictate procedures following a car accident, who is liable after a car accident, and what insurance drivers need to purchase to protect themselves financially from car accident damages. The Florida statutes provide uniformity in the car accident claim process to make it more clear what drivers should do after a car accident and how they can receive compensation.
The following are some of the laws concerning Florida car accidents:
- As a no-fault state, Florida requires drivers to purchase personal injury protection insurance (PIP) which covers up to $10,000 worth of economic damages.
- Drivers must move their cars to the side of the road and contact the police if the car accident resulted in severe injury, death, or at least $500 worth of property damage.
- Florida car accident victims are allowed to pursue damages caused by a negligent party through a fault-based claim or lawsuit (Florida Statute 627.737).
- A Florida car accident victim has four years to file a car accident claim (Florida Statute 95.11).
- The statute of limitations for a car accident claim that caused a wrongful death is two years.
Where Do Miami Car Accidents Commonly Occur?
Miami-Dade County is one of the most dangerous counties in Florida for auto accidents. According to the Florida Highway Safety and Motor Vehicle Department, Miami-Dade County saw 62,533 car accidents in 2021, with 19,396 total injury cases and 323 fatal crashes. This accounted for 16% of Florida’s car accidents. Miami drivers must be wary of distracted, drunk, and reckless drivers, who can provide sufficient danger to drivers on Miami’s busy streets and intersections.
The following are the most dangerous streets, state roads, and intersections for car accidents in Miami-Dade County:
- NW 54th Street
- US Route 1
- SR 821
- NW 7th Street
- Palmetto Expressway
- NE Second Avenue and 36th Street
- NW 8th Street and 36th Street in Doral
- SW 117th Avenue and 152nd Street
- The Brickell Avenue Bridge
- Kendall Drive and West Kendall SW 17th Avenue in Miami
- NE First Avenue and NE Sixth Street
- Alton Road and Dade Boulevard in South Beach
- South Flamingo Road and Pines Blvd in Pembroke Pines
Causes of Miami Car Accidents
Negligent driving behavior is the major cause of car accidents in Miami. This is when a driver does not operate their vehicle safely by paying attention to the road, focusing on safe driving tactics, and following road rules. Negligent driving behavior happens when a driver has their attention taken away by a manual, visual, or cognitive distraction or operates their vehicle when they do not have all their mental faculties due to being drunk or high.
The following are some of the negligent driving behaviors that can cause a Miami car accident:
- Distracted driving
- Drunk driving
- Drowsy driving
- Not using turn signals
- Ignoring road rules
- Road rage
If you were in a car accident caused by another driver’s negligent behavior, you could file a car accident claim with their insurance provider. This can put you in a position to receive compensation for the damages caused by their negligence. A car accident attorney can help you in filing the claim, assess your damages, and negotiate with the at-fault party’s insurance company.
Types of Miami Car Accidents
What kind of car accident you are involved in can change what injuries you receive, the severity of the injuries, and how much property damage is done to your vehicle. Some parts of the car allow for more protection for the driver and passenger, while others can leave them exposed to major damage.
This does not just apply to car accidents involving two vehicles. Multiple cars can be involved in an accident, whether more than two drivers behaved negligently behind the wheel or the initial car accident leads to one or both of the cars crashing into other vehicles. Multiple vehicle car collisions can lead to devastating and widespread damage to all those involved.
The following are some of the types of Miami car accidents:
- Rear-end collision
- Head-on collision
- Single car accident
- Sideswipe accident
- T-bone accident
- Rollover accident
- Multi-car crash
Severe Injuries Caused by Miami Car Accidents
When your body receives a severe impact during a car accident, the trauma and pressure can lead to damage causing serious injuries. You can suffer from internal injuries, psychological injuries, and soft tissue injuries affecting the muscles, tendons, and ligaments.
In a car accident, your body is exposed to severe injury caused by blunt force trauma, penetrating trauma, and whiplash. The severity of your injury is determined by where your car was struck, how much direct trauma you suffered, and whether you were obeying safety precautions like wearing a seatbelt.
The following are some of the types of severe injuries that can result from a Miami car accident:
- Spinal cord injuries
- Traumatic brain injuries
- Internal injuries
- Facial injuries
- Broken bones
- Back and neck injuries
- Knee injuries
- Shoulder injuries
These injuries can cause significant symptoms like intense pain, swelling, limited mobility, headaches, nausea, etc. You should go to the hospital to have a doctor check you out for injuries, even if you feel you didn’t suffer a significant injury. You may have delayed symptoms, and the doctor’s analysis can help prevent the injury from developing even more than it has.
Liability in a Miami Car Accident Claim
The liable party in a car accident claim is the party whose negligent behavior led to the car accident. You and your car accident lawyer must prove that the at-fault party’s negligent behavior led to the car accident and the damages you are pursuing.
In most cases, another driver will be the liable party, as they cause the car accident through negligent driving behavior such as distracted, drunk, or reckless driving. However, a manufacturer, designer, seller, or distributor of a defective car part can be held liable if their negligence caused a defective car part to hit the market. You can hold them liable in a product liability claim.
Comparative Negligence in Florida Car Accident Claims
Florida operates under comparative negligence, which is the legal theory that states each party involved in a car accident will share liability for the percentage that they contributed. This is to make sure one party doesn’t unfairly take all the blame for a car accident. It also allows a party that was somewhat liable for a car accident to still pursue damages caused by another negligent party.
For example, let’s say you get into an auto accident with a driver who was distracted and ran through a stop sign. However, at the time of the car crash, you were speeding. In this case, the court would determine the percentage to which both of you were liable for the car accident. You could pursue compensation from their insurance company, but your percentage of fault will be deducted from your settlement or award.
What to do After a Miami Car Accident
In the immediate aftermath of a Miami car accident, you may not know what to do. You’re hurt, have a totaled car, and are facing possibly tens of thousands of dollars worth of damages. There are certain protocols, as indicated by the Florida statutes, that you must follow.
However, there are other steps that you can take to help put yourself in a better position to recover compensation. You should focus on your medical recovery and head to the hospital to determine what injuries you suffered, as that can help when you need to assess your damages. You should also collect information at the scene of the accident, such as photos of your injuries, property damage, road signs, and road conditions to prove how the accident took place.
The following are some of the things you should do after a Miami car accident:
- Call the police
- Go to the hospital
- Collect evidence at the crime scene
- Contact your insurance provider
- Do not admit fault
- Move your vehicle out of the way of traffic, if possible
- Exchange contact information with other parties involved and witnesses
- Collect important records, such as medical records, insurance statements, and police reports
- Contact a Miami car accident attorney
- File a car accident claim
Filing a Miami Car Accident
You can pursue compensation for damages from a Miami car accident by filing a car accident claim. A car accident lawyer can help you assess your damages and write the demand letter to begin the process of filing a car accident claim.
For a car accident claim to succeed, you need to prove the liability of the at-fault party. Florida operates under the theory of negligence, which means you must prove a duty of care was owed, breached by the at-fault party, you received damages, and those damages were a direct result of the breach of duty of care.
Evidence Proving Fault in a Miami Car Accident Claim
You need tangible evidence that can prove the four elements of negligence to recover compensation for damages in a car accident claim. Your Miami car accident attorney can assist you with collecting evidence that can prove your car accident claim.
The following is some of the evidence that your Miami car accident attorney can use to prove your case:
- Traffic crash report
- Witness statements
- Accident reconstruction
- Video or photographs
- Expert testimony
- Scene surveys
- Medical records
- Insurance statements
What Damages Can You Pursue After a Miami Car Accident?
By filing a car accident claim, you can pursue compensation for damages or losses caused by the negligence of one party in a car accident. These damages can account for the immediate financial losses you suffered, emotional damage caused by the accident, or future costs you are likely to incur because of car accident injuries.
Damages most commonly come in two categories: economic and non-economic. If you suffered physical injuries or damages with a monetary value attached, they are economic damages. However, intangible damages that encompass long-term suffering caused by the car accident are non-economic damages
The following are some of the damages a Miami car accident lawyer can help you pursue:
- Medical bills
- Lost wages
- Lost earning potential
- Disability costs
- Pain and suffering
- Property damage
- Loss of consortium
- Loss of enjoyment of life
- Mental anguish
How Can a Miami Car Accident Lawyer Help With Your Car Accident Claim?
Without experience and schooling in car accident law, you may not understand how to handle the car accident claims process. The stress of having to take care of this legal process without proper experience can compound the issues you are having dealing with your physical and psychological car accident injuries.
An experienced car accident lawyer can help you by taking over this process, allowing you to focus on your recovery. They have experience dealing with insurance companies, insurance adjusters, and lawyers looking to limit your potential compensation. They can employ tactics to combat any attempts to limit your compensation and handle everything with a focus on securing you fair compensation for your car accident damages.
The following are some of the ways a car accident lawyer can help you with a Miami car accident:
- Assess damages
- Determine liability
- Send out the demand letter
- Collect evidence and records
- Interview expert witnesses
- Negotiate a settlement with the at-fault party’s insurance company
- Represent you in court
Contact The Russo Firm for Help With Your Miami Car Accident Claim
Miami is a city known for its fast-paced, high-energy feel that can provide upbeat feelings for its citizens. However, negligent driving behavior can threaten to ruin the vibe the city is trying to cater to. If you were involved in a car accident caused by a negligent driver, you should contact a car accident attorney to help you pursue compensation for damages.
The experienced car accident lawyers at the Russo Firm have the expertise, dedication, and resources necessary to invest in your case until you receive fair compensation. We know the stress of having to deal with insurance companies looking to limit your settlement to keep its profits up. Our car accident attorneys want to take care of that for you and handle the complicated processes involved in pursuing compensation, so you can focus on your medical recovery.
Personal injury victims can contact the Russo Firm for a free consultation. Miami car accident victims should take advantage of our free consultation to learn how we can help you with your claims process. Contact us at (786) 688-2800 or leave a message on our online contact page.